S.B. 130

1

RESTRICTIONS ON USE OF UNMARKED
2 POLICE VEHICLES
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: John W. Hickman
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Motor Vehicles Code, the Public Safety Code, the Utah
10 Municipal Code, and the Counties Code to amend provisions related to unmarked
11 vehicles used in traffic enforcement.
12 Highlighted Provisions:
13 This bill:
14 . provides definitions;
15 . clarifies that all law enforcement agencies are subject to restrictions for the use of
16 unmarked vehicles in traffic enforcement;
17 . provides that if a vehicle is used by a law enforcement agency for traffic
18 enforcement, the identification markings that are required on government vehicles
19 must be plainly visible from a distance of 500 feet; and
20 . makes technical changes.
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 10-3-913, as last amended by Chapter 219, Laws of Utah 2002

28 10-3-918, as last amended by Chapter 292, Laws of Utah 2003
29 17-22-2, as last amended by Chapters 140 and 219, Laws of Utah 2002
30 41-1a-407, as last amended by Chapter 58, Laws of Utah 2003
31 ENACTS:
32 53-8-214, Utah Code Annotated 1953
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 10-3-913 is amended to read:
36 10-3-913. Authority of chief of police.
37 (1) The chief of police has the same authority as the sheriff within the boundaries of
38 the municipality of appointment. The chief has authority to:
39 (a) suppress riots, disturbances, and breaches of the peace;
40 (b) apprehend all persons violating state laws or city ordinances;
41 (c) diligently discharge his duties and enforce all ordinances of the city to preserve the
42 peace, good order, and protection of the rights and property of all persons; and
43 (d) attend the municipal justice court located within the city when required, provide
44 security for the court, and obey its orders and directions.
45 (2) This section is not a limitation of a police chief's statewide authority as otherwise
46 provided by law.
47 (3) The chief of police shall, on or before January 1, 2003, adopt a written policy that
48 prohibits the stopping, detention, or search of any person when the action is solely motivated
49 by considerations of race, color, ethnicity, age, or gender.
50 (4) The chief of police shall ensure compliance with the requirements of Section
51 53-8-214 regarding limitations for a law enforcement agency on the use of unmarked vehicles
52 for traffic enforcement.
53 Section 2. Section 10-3-918 is amended to read:
54 10-3-918. Chief of police or marshal in a city of the third, fourth, or fifth class or
55 town.
56 The chief of police or marshal in each city of the third, fourth, or fifth class or town:
57 (1) shall:
58 (a) exercise and perform the duties that are prescribed by the legislative body;

59 (b) be under the direction, control, and supervision of the person or body that appointed
60 the chief or marshal; [and]
61 (c) on or before January 1, 2003, adopt a written policy that prohibits the stopping,
62 detention, or search of any person when the action is solely motivated by considerations of
63 race, color, ethnicity, age, or gender; and
64 (d) ensure compliance with the requirements of Section 53-8-214 regarding limitations
65 for a law enforcement agency on the use of unmarked vehicles for traffic enforcement; and
66 (2) may, with the consent of the person or body that appointed the chief or marshal,
67 appoint assistants to the chief of police or marshal.
68 Section 3. Section 17-22-2 is amended to read:
69 17-22-2. Sheriff -- General duties.
70 (1) The sheriff shall:
71 (a) preserve the peace;
72 (b) make all lawful arrests;
73 (c) attend in person or by deputy the Supreme Court and the Court of Appeals when
74 required or when the court is held within his county, all courts of record, and court
75 commissioner and referee sessions held within his county, obey their lawful orders and
76 directions, and comply with the court security rule, Rule 3-414, of the Utah Code of Judicial
77 Administration;
78 (d) upon request of the juvenile court, aid the court in maintaining order during
79 hearings and transport a minor to and from youth corrections facilities, other institutions, or
80 other designated places;
81 (e) attend county justice courts if the judge finds that the matter before the court
82 requires the sheriff's attendance for security, transportation, and escort of jail prisoners in his
83 custody, or for the custody of jurors;
84 (f) command the aid of as many inhabitants of his county as he considers necessary in
85 the execution of these duties;
86 (g) take charge of and keep the county jail and the jail prisoners;
87 (h) receive and safely keep all persons committed to his custody, file and preserve the
88 commitments of those persons, and record the name, age, place of birth, and description of
89 each person committed;

90 (i) release on the record all attachments of real property when the attachment he
91 receives has been released or discharged;
92 (j) endorse on all process and notices the year, month, day, hour, and minute of
93 reception, and, upon payment of fees, issue a certificate to the person delivering process or
94 notice showing the names of the parties, title of paper, and the time of receipt;
95 (k) serve all process and notices as prescribed by law;
96 (l) if he makes service of process or notice, certify on the process or notices the
97 manner, time, and place of service, or, if he fails to make service, certify the reason upon the
98 process or notice, and return them without delay;
99 (m) extinguish fires occurring in the undergrowth, trees, or wooded areas on the public
100 land within his county;
101 (n) perform as required by any contracts between the county and private contractors for
102 management, maintenance, operation, and construction of county jails entered into under the
103 authority of Section 17-53-311 ;
104 (o) manage search and rescue services in his county;
105 (p) obtain saliva DNA specimens as required under Section 53-10-404 ;
106 (q) on or before January 1, 2003, adopt a written policy that prohibits the stopping,
107 detention, or search of any person when the action is solely motivated by considerations of
108 race, color, ethnicity, age, or gender; and
109 (r) perform any other duties that are required by law.
110 (2) Violation of Subsection (1)(j) is a class C misdemeanor. Violation of any other
111 subsection under Subsection (1) is a class A misdemeanor.
112 (3) The sheriff shall ensure compliance with the requirements of Section 53-8-214
113 regarding limitations for a law enforcement agency on the use of unmarked vehicles for traffic
114 enforcement.
115 Section 4. Section 41-1a-407 is amended to read:
116 41-1a-407. Plates issued to political subdivisions or state -- Use of "EX" letters --
117 Confidential information.
118 (1) (a) Except as provided in Subsection (2), each municipality, board of education,
119 school district, state institution of learning, county, other governmental division, subdivision,
120 or district, and the state shall:

121 [(a)] (i) place a license plate displaying the letters, "EX" on every vehicle owned and
122 operated by it or leased for its exclusive use; and
123 [(b)] (ii) display an identification mark designating the vehicle as the property of the
124 entity in a conspicuous place on both sides of the vehicle.
125 (b) The identification markings used to meet the requirements of Subsection (1)(a)(ii)
126 shall have lettering of a sufficient size to be plainly readable from a distance of 500 feet during
127 daylight if the vehicle is:
128 (i) owned and operated or leased by a law enforcement agency as defined under
129 Section 53-8-214 ; and
130 (ii) used for traffic enforcement.
131 (2) The entity need not display the "EX" license plate or the identification mark
132 required by Subsection (1) if:
133 (a) the vehicle is in the direct service of the governor, lieutenant governor, attorney
134 general, state auditor, or state treasurer of Utah;
135 (b) the vehicle is used in official investigative work where secrecy is essential;
136 (c) the vehicle is used in [an organized Utah Highway Patrol operation that is:] traffic
137 enforcement in accordance with Section 53-8-214 ;
138 [(i) conducted within a county of the first or second class as defined under Section
139 17-50-501 , unless no more than one unmarked vehicle is used for the operation;]
140 [(ii) approved by the Commissioner of Public Safety;]
141 [(iii) of a duration of 14 consecutive days or less; and]
142 [(iv) targeted toward aggressive driving and accidents involving:]
143 [(A) violations of Title 41, Chapter 6, Article 5, Driving While Intoxicated and
144 Reckless Driving;]
145 [(B) speeding violations for exceeding the posted speed limit by 21 or more miles per
146 hour;]
147 [(C) speeding violations in a reduced speed school zone under Section 41-6-48.5 ;]
148 [(D) violations of Section 41-6-78 related to pedestrian crosswalks; or]
149 [(E) violations of Section 41-6-53.5 related to lane restrictions;]
150 (d) the vehicle is provided to an official of the entity as part of a compensation package
151 allowing unlimited personal use of that vehicle; or

152 (e) the personal security of the occupants of the vehicle would be jeopardized if the
153 "EX" license plate were in place.
154 (3) Plates issued to Utah Highway Patrol vehicles may bear the capital letters "UHP," a
155 beehive logo, and the call number of the trooper to whom the vehicle is issued.
156 (4) (a) The commission shall issue "EX" and "UHP" plates.
157 (b) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
158 commission shall make rules establishing the procedure for application for and distribution of
159 the plates.
160 (5) For a vehicle that qualifies for "EX" or "UHP" license plates, the entity is not
161 required to display an annual registration decal.
162 (6) (a) Information shall be confidential for vehicles that are not required to display the
163 "EX" license plate or the identification mark under [Subsections (2)(a), (b), (d), and (e)]
164 Subsection (2).
165 (b) (i) If a law enforcement officer's identity must be kept secret, his agency head may
166 request in writing that the division remove the license plate information of the officer's
167 personal vehicles from all public access files and place it in a confidential file until the
168 assignment is completed.
169 (ii) The agency head shall notify the division when the assignment is completed.
170 [(7) A peace officer engaged in an organized operation under Subsection (2)(c) shall be
171 in a uniform clearly identifying the law enforcement agency the peace officer is representing
172 during the operation.]
173 Section 5. Section 53-8-214 is enacted to read:
174 53-8-214. Unmarked vehicle use in traffic enforcement -- Restrictions.
175 (1) As used in this section:
176 (a) "Law enforcement agency" means an entity of the state, or a political subdivision of
177 the state, including a state institution of higher education, that exists primarily to prevent and
178 detect crime and enforce criminal laws, statutes, and ordinances.
179 (b) "Unmarked vehicle" means a vehicle that appears to be owned by a member of the
180 general public or that is not identified with license plates or identification markings under
181 Section 41-1a-407 .
182 (2) Except as provided under Subsection (3), a law enforcement agency may not use an

183 unmarked vehicle to enforce traffic laws.
184 (3) A law enforcement agency may use an unmarked vehicle to enforce traffic laws if
185 the unmarked vehicle is used in an organized Utah Highway Patrol operation that is:
186 (a) approved by the Commissioner of Public Safety;
187 (b) utilizing no more than one unmarked vehicle for each operation unless the
188 operation is being conducted within a county of the first or second class as defined under
189 Section 17-50-501 ;
190 (c) of a duration of 14 consecutive days or less; and
191 (d) targeted toward aggressive driving and accidents involving:
192 (i) violations of Title 41, Chapter 6, Article 5, Driving While Intoxicated and Reckless
193 Driving;
194 (ii) speeding violations for exceeding the posted speed limit by 21 or more miles per
195 hour;
196 (iii) speeding violations in a reduced speed school zone under Section 41-6-48.5 ;
197 (iv) violations of Section 41-6-78 related to pedestrian crosswalks; or
198 (v) violations of Section 41-6-53.5 related to lane restrictions.
199 (4) A peace officer engaged in an organized operation under Subsection (3) shall be in
200 a uniform clearly identifying the law enforcement agency that the peace officer is representing
201 during the operation.




Legislative Review Note
as of 1-22-04 8:55 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel