H.B. 232

1

SHERIFF QUALIFICATIONS
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Kerry W. Gibson
5 Senate Sponsor: Gregory S. Bell
6
7 LONG TITLE
8 General Description:
9 This bill modifies a provision relating to the qualifications of a sheriff.
10 Highlighted Provisions:
11 This bill:
12 . requires a person filing a declaration of candidacy for sheriff to submit a certificate
13 that the candidate has met applicable standards or qualifications;
14 . requires sheriffs and candidates for sheriff to be certified as a correctional officer;
15 and
16 . modifies the standards and training requirements applicable to sheriffs and
17 candidates for sheriff from those of a law enforcement officer to those of a peace
18 officer.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 17-22-1.5, as last amended by Chapter 140, Laws of Utah 2003
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 17-22-1.5 is amended to read:
29 17-22-1.5. County sheriff qualifications.
30 (1) Each person filing a declaration of candidacy for the office of county sheriff shall
31 submit to the county clerk, at the time of filing a declaration of candidacy, a certificate issued
32 by the Peace Officer Standards and Training Division created under Section 53-6-103 that the
33 candidate has:
34 (a) (i) [have] successfully met the standards and training requirements established for
35 [law enforcement] peace officers under Title 53, Chapter 6, Part 2, Peace Officer Training and
36 Certification Act; or
37 (ii) [have] passed a certification examination as provided in Section 53-6-206 ; and
38 (b) [be] qualified to be certified as:
39 (i) a law enforcement officer, as defined in Section 53-13-103 ; and
40 (ii) a correctional officer, as defined in Section 53-13-104 .
41 (2) In addition to the general qualifications required of county officers by Title 17,
42 Chapter 16, County Officers, each county sheriff shall:
43 (a) at the time of taking office:
44 (i) (A) have successfully met the standards and training requirements established for
45 [law enforcement] peace officers under Title 53, Chapter 6, Part 2, Peace Officer Training and
46 Certification Act; or
47 (B) have passed a certification examination as provided in Section 53-6-206 ; and
48 (ii) be qualified to be certified as:
49 (A) a law enforcement officer, as defined in Section 53-13-103 ; and
50 (B) a correctional officer, as defined in Section 53-13-104 ; and
51 (b) satisfactorily complete annual certified training as required in Section 53-13-103 ;
52 and
53 (c) after certification as provided in Subsection (2)(a), remain certified as a law
54 enforcement officer and correctional officer during the sheriff's term of office.
55 (3) The county legislative body shall declare the office of sheriff to be vacant if at any
56 time the incumbent sheriff fails to meet the legal qualifications for office under Subsection (2).

Legislative Review Note
as of 12-6-06 7:31 AM

Office of Legislative Research and General Counsel