H.B. 305

1

COUNTY SHERIFF QUALIFICATION
2 AMENDMENTS
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Richard A. Greenwood
6 Senate Sponsor: Scott K. Jenkins
7
8 LONG TITLE
9 General Description:
10 This bill modifies provisions relating to the qualifications of a county sheriff.
11 Highlighted Provisions:
12 This bill:
13 . requires a person filing a declaration of candidacy for county sheriff to submit a
14 certificate issued by the Peace Officer Standards and Training Division that the
15 candidate has:
16 . successfully met the standards and training requirements established for peace
17 officers in Title 53, Chapter 6, Part 2, Peace Officer Training and Certification
18 Act and is certified as a law enforcement officer, as defined in Section
19 53-13-103 ;
20 . requires an elected county sheriff at the time of taking office to be certified as a
21 correctional officer, as defined in Section 53-13-104 ; and
22 . requires a county sheriff to remain certified as a law enforcement officer and
23 correctional officer during the sheriff's term of office.
24 Monies Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None

28 Utah Code Sections Affected:
29 AMENDS:
30 17-22-1.5, as last amended by Laws of Utah 2003, Chapter 140
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 17-22-1.5 is amended to read:
34 17-22-1.5. County sheriff qualifications.
35 (1) Each person filing a declaration of candidacy for the office of county sheriff shall
36 submit to the county clerk, at the time of filing a declaration of candidacy, a certificate issued
37 by the Peace Officer Standards and Training Division created under Section 53-6-103 stating
38 that the candidate has:
39 (a) (i) [have] successfully met the standards and training requirements established for
40 [law enforcement] peace officers under Title 53, Chapter 6, Part 2, Peace Officer Training and
41 Certification Act; or
42 (ii) [have] passed a certification examination as provided in Section 53-6-206 ; and
43 (b) [be] qualified to be certified as a law enforcement officer, as defined in Section
44 53-13-103 .
45 (2) In addition to the general qualifications required of county officers by Title 17,
46 Chapter 16, County Officers, each county sheriff shall:
47 (a) at the time of taking office:
48 (i) (A) have successfully met the standards and training requirements established for
49 [law enforcement] peace officers under Title 53, Chapter 6, Part 2, Peace Officer Training and
50 Certification Act; or
51 (B) have passed a certification examination as provided in Section 53-6-206 ; and
52 (ii) be qualified to be certified as:
53 (A) a law enforcement officer, as defined in Section 53-13-103 ; and
54 (B) a correctional officer, as defined in Section 53-13-104 ; and
55 (b) satisfactorily complete annual certified training as required in Section 53-13-103 ;
56 and
57 (c) after certification as provided in Subsection (2)(a), remain certified as a law
58 enforcement officer and correctional officer during the sheriff's term of office.

59 (3) The county legislative body shall declare the office of sheriff to be vacant if at any
60 time the incumbent sheriff fails to meet the [legal] qualifications for office under Subsection
61 (2).




Legislative Review Note
as of 1-11-08 12:35 PM

Office of Legislative Research and General Counsel