H.B. 12 Enrolled

1

COUNTY SHERIFF QUALIFICATION
2 AMENDMENTS
3 2009 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 in Title 17, Counties, relating to the qualifications of a
11 county sheriff.
12 Highlighted Provisions:
13 This bill:
14 . provides new certification requirements for county sheriffs elected after the 2008
15 regular general election;
16 . requires a person filing a declaration of candidacy for county sheriff to submit a
17 certificate issued by the Peace Officer Standards and Training Division stating that
18 the candidate:
19 . has successfully met the standards and training requirements established for
20 law enforcement officers in Title 53, Chapter 6, Part 2, Peace Officer Training
21 and Certification Act; and
22 . has qualified to be certified as a law enforcement officer, as defined in Section
23 53-13-103 ;
24 . requires an elected county sheriff to be certified at the time of taking office as:
25 . a correctional officer, as defined in Section 53-13-104 ; or
26 . a correctional facility manager by having completed a correctional facility
27 management course approved by the POST Council; and
28 . requires a county sheriff to remain certified as a law enforcement officer and as a
29 correctional officer or correctional facility manager during the sheriff's term of

30 office.
31 Monies Appropriated in this Bill:
32 None
33 Other Special Clauses:
34 This bill provides an immediate effective date.
35 Utah Code Sections Affected:
36 AMENDS:
37 17-22-1.5, as last amended by Laws of Utah 2008, Chapter 338
38
39 Be it enacted by the Legislature of the state of Utah:
40 Section 1. Section 17-22-1.5 is amended to read:
41 17-22-1.5. County sheriff qualifications.
42 (1) Each person filing a declaration of candidacy for the office of county sheriff shall
43 submit to the county clerk, at the time of filing a declaration of candidacy, a certificate issued
44 by the Peace Officer Standards and Training Division created under Section 53-6-103 stating
45 that the candidate has:
46 (a) (i) successfully met the standards and training requirements established for peace
47 officers under Title 53, Chapter 6, Part 2, Peace Officer Training and Certification Act; or
48 (ii) passed a certification examination as provided in Section 53-6-206 ; and
49 (b) [qualified] met the qualifications to be certified as a law enforcement officer, as
50 defined in Section 53-13-103 .
51 (2) In addition to the general qualifications required of county officers by Title 17,
52 Chapter 16, County Officers, each county sheriff shall:
53 (a) at the time of taking office:
54 (i) (A) have successfully met the standards and training requirements established for
55 peace officers under Title 53, Chapter 6, Part 2, Peace Officer Training and Certification Act;
56 or
57 (B) have passed a certification examination as provided in Section 53-6-206 ; and

58 (ii) be qualified to be certified as:
59 (A) a law enforcement officer, as defined in Section 53-13-103 ; and
60 (B) if the person is elected to the office of county sheriff in any election held after the
61 2008 general election:
62 [(B)] (I) a correctional officer, as defined in Section 53-13-104 ; [and] or
63 (II) a correctional facility manager by having successfully completed a correctional
64 facility management course that is offered by a certified academy in both an online web-based
65 format and in a classroom format and that is approved by the Peace Officer Standards and
66 Training Council created in Section 53-6-106 ;
67 (b) satisfactorily complete annual certified training as required in Section 53-13-103 ;
68 and
69 (c) after certification as provided in Subsection (2)(a), remain certified during the
70 sheriff's term of office as:
71 (i) a law enforcement officer [and correctional officer during the sheriff's term of
72 office.]; and
73 (ii) if the person is elected to the office of county sheriff in any election held after the
74 2008 general election:
75 (A) a correctional officer; or
76 (B) a correctional facility manager by having completed a correctional facility
77 management course approved by the Peace Officer Standards and Training Council.
78 (3) If a sheriff resigns, retires, dies, or otherwise does not complete the term of office,
79 the person appointed to serve for the remainder of the term shall within 60 days after the date
80 of appointment complete the training and exam required under Subsection (2)(a)(ii)(B).
81 [(3)] (4) The county legislative body shall declare the office of sheriff to be vacant if at
82 any time the incumbent sheriff fails to meet the qualifications for office under Subsection (2).
83 Section 2. Effective date.
84 If approved by two-thirds of all the members elected to each house, this bill takes effect
85 upon approval by the governor, or the day following the constitutional time limit of Utah

86 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
87 the date of veto override.