H.B. 210 Enrolled

LAW ENFORCEMENT EMPLOYEE BACKGROUND
CHECKS
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: Loraine T. Pace

LONG TITLE
General Description:
This bill amends the Public Safety Code to allow background checks of all applicants for
employment with a law enforcement agency; the current law limits background checks
to peace officer applicants. This bill also requires that training academies provide
applicant background information to law enforcement agencies and protects the
academies from civil liability for disclosing the information to hiring law enforcement
agencies.
Highlighted Provisions:
This bill:
. allows law enforcement agencies to process background checks on anyone seeking
employment with the agency;
. allows law enforcement agencies and training academies to request background
information regarding an applicant from any training academy the applicant has
attended; and
. protects law enforcement training academies from civil liability when the academy
discloses information about an academy graduate to a hiring law enforcement
agency.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:

AMENDS:
53-14-101, as enacted by Chapter 133, Laws of Utah 2003

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 53-14-101 is amended to read:
53-14-101. Law enforcement and training academy applicants -- Employer
background information.
(1) As used in this section:
(a) "Director" means the director of a certified law enforcement officer training academy.
(b) "Employer" includes a public employer and a private employer.
(c) "Law enforcement agency" has the same definition as in Section 53-1-102 .
(d) "Law enforcement officer" has the same definition as in Section 53-13-103 , and
includes those officers in administrative positions.
(e) "Training academy" means a peace officer training institution certified in accordance
with the standards developed under Section 53-6-105 .
(2) [Upon the request of] A current or former employer and the director of any training
academy an applicant has attended or graduated from shall provide available information in
accordance with this section regarding an applicant if the request complies with Subsection (3)
and is submitted by:
(a) a law enforcement agency regarding an applicant for [the] an employment position [of
peace officer]; or
(b) the director of a law enforcement training academy for which the applicant requests
admission under Section 53-6-203 [, a current or former employer of the applicant shall provide to
the law enforcement agency or the director information, if available, regarding the applicant if the
request complies with Subsection (3)].
(3) The request for information pursuant to Subsection (2) shall be:
(a) in writing;
(b) accompanied by an authorization signed by the applicant and notarized by a notary

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public, in which the applicant consents to the release of the requested information and releases the
employer or training academy providing the information from liability; and
(c) addressed to the employer or director and signed by a sworn officer or other
authorized representative of the requesting law enforcement agency or the academy.
(4) The information that a law enforcement agency or the director of an academy may
request pursuant to Subsection (2) includes:
(a) the date on which the applicant began his employment and, if applicable, the date on
which the employment of the applicant was terminated;
(b) a list of the compensation that the employer provided to the applicant during the
course of the employment;
(c) a copy of the application for a position of employment that the applicant submitted to
the employer;
(d) a written evaluation of the performance of the applicant;
(e) a record of the attendance of the applicant;
(f) a record of disciplinary action taken against the applicant;
(g) a statement regarding whether the employer would rehire the applicant and, if the
employer would not rehire the applicant, the reasons why; [and]
(h) if applicable, a record setting forth the reason that the employment of the applicant
was terminated and whether the termination was voluntary or involuntary[.];
(i) the record of any final action regarding an applicant's peace officer certification that is
based on an investigation concerning the applicant's qualification for certification; and
(j) notice of any pending or ongoing investigation regarding the applicant's certification as
a peace officer.
(5) (a) In the absence of fraud or malice, an employer or training academy is not subject
to any civil liability for any relevant cause of action by releasing employment information
requested under this section.
(b) This section does not in any way or manner abrogate or lessen the existing common
law or statutory privileges and immunities of an employer.

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(c) An employer or training academy may not provide information pursuant to Subsection
(2) if the disclosure of the information is prohibited pursuant to federal or state law.
(6) An employer's refusal to disclose information to a law enforcement agency in
accordance with this section constitutes grounds for a civil action by the requesting agency for
injunctive relief requiring disclosure on the part of an employer.
(7) (a) (i) A law enforcement agency may use the information received pursuant to this
section only to determine the suitability of an applicant for employment [as a law enforcement
officer].
(ii) A director may use the information received pursuant to this section only to determine
the suitability of an applicant for acceptance at the training academy.
(b) Except as otherwise provided in Subsection (7)(c), a law enforcement agency and a
director shall maintain the confidentiality of information received pursuant to this section.
(c) (i) A law enforcement agency may share information regarding an applicant that it
receives pursuant to this section with another law enforcement agency if:
(A) the applicant is also an applicant for [a] any employment position [as a peace officer]
with the other law enforcement agency; and
(B) the confidentiality of the information is otherwise maintained.
(ii) A director may share information regarding an applicant that is received pursuant to
this section with another training academy if:
(A) the applicant is an applicant for acceptance at the other training academy; and
(B) the confidentiality of the information is otherwise maintained.
(iii) A director may share information regarding an applicant, attendee, or graduate of a
training academy that is received pursuant to this section with a law enforcement agency if:
(A) the applicant is [an applicant] applying for a position as a peace officer with the law
enforcement agency; and
(B) the confidentiality of the information is otherwise maintained.
(8) This section applies to requests submitted to employers on and after July 1, 2003 for
employment information under this section.

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