S.B. 256

1

TRANSIT SECURITY AMENDMENTS
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Curtis S. Bramble
5 House Sponsor: Gregory H. Hughes
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Utah Public Transit District Act by amending provisions related
10 to transit security.
11 Highlighted Provisions:
12 This bill:
13 . provides that a multicounty district may employ law enforcement officers or
14 contract with other law enforcement agencies to provide law enforcement services,
15 rather than employing security officers;
16 . provides that the jurisdiction for a law enforcement officer employed by a
17 multicounty district is limited to transit facilities and transit vehicles;
18 . repeals limitations on duties and liability provisions for security officers employed
19 by a multicounty district; 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 17A-2-1062, as last amended by Chapter 21, Laws of Utah 1999

28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 17A-2-1062 is amended to read:
31 17A-2-1062. Multicounty district may employ or contract for law enforcement
32 officers -- Law enforcement officer status, powers, and jurisdiction.
33 (1) The governing body of a multicounty district may employ [security] law
34 enforcement officers or contract with [a private firm to supply security officers] other law
35 enforcement agencies to provide law enforcement services for the district.
36 (2) [Each security] A law enforcement officer employed or [supplied] provided by
37 contract under Subsection (1) is a [special function] law enforcement officer under Section
38 [ 53-13-105 ] 53-13-103 and shall be subject to the provisions of that section.
39 [(3) The duties of a security officer under this section include:]
40 [(a) issuing a citation for a violation of Subsection 17A-2-1061 (1);]
41 [(b) enforcing the district's parking ordinance under Subsection 17A-2-1061 (3);]
42 [(c) detaining a person committing a felony or misdemeanor at a transit facility until
43 law enforcement authorities arrive, if the security officer has probable cause to believe that the
44 person committed a felony or misdemeanor; and]
45 [(d) security functions respecting transit facilities and preserving the security, peace,
46 and safety of persons using transit facilities.]
47 [(4) A person may not recover damages in an action based on a claim related to a
48 security officer's conduct if:]
49 [(a) the security officer had probable cause to believe that the person had committed a
50 felony or misdemeanor at a transit facility; and]
51 [(b) the security officer acted reasonably under the circumstances.]
52 (3) Subject to the provisions of Section 53-13-103 , the jurisdiction of a law
53 enforcement officer employed under this section is limited to transit facilities and transit
54 vehicles.

Legislative Review Note
as of 2-1-06 11:30 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel