Download Zipped Amended WordPerfect HB0146.ZIP
[Introduced][Status][Bill Documents][Fiscal Note][Bills Directory]
This document includes House Floor Amendments incorporated into the bill on Wed, Mar 3, 2010 at 11:57 AM by jeyring. --> This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Wed, Mar 10, 2010 at 5:56 PM by rday. --> 1
8 LONG TITLE
9 General Description:
10 This bill modifies the Public Safety Code regarding functions of federal officers within
12 Highlighted Provisions:
13 This bill:
14 . defines federally managed land H. ;
14a . defines federal employee as a person who works for an agency that manages
14b federal land;
14c . defines federal agency as an agency that manages federal land .H ;
15 . provides that unless specified under Utah law, federal employees may only exercise
16 law enforcement authority authorized by federal statute and consistent with the
17 United States Constitution;
18 . provides that Utah does not recognize federal H. [
18a authority beyond
19 that necessary to manage, use, and protect federally managed lands;
20 . provides that Utah does not authorize federal H. [
21 based on Utah law H. S. by federal agencies, as defined in this bill, .S , except as
21a authorized by S. [
21b agency .S .H ;
22 . authorizes state and local law enforcement agencies to assist in enforcing federal
23 law on federally managed lands by authorized contract;
24 . provides that agreements with H. [
24a agency S. , as defined in this bill, .S may not be for
25 longer than H. [
26 . provides that state and local law enforcement agencies may not allow federal H. [
28 the head of the state or local law enforcement agency; H. and .H
29 . requires the county sheriff to review the activities of any federal H. [
30 agency within the county and report to the county attorney H. [
31 . authorizes the attorney general and county and district attorneys to prosecute federal
32 law enforcement employees for acting:
33 . beyond the scope of federal law; or
34 . if the federal law is not consistent with the Constitution of the United States
35 Monies Appropriated in this Bill:
37 Other Special Clauses:
39 Utah Code Sections Affected:
41 53-13-102, as renumbered and amended by Laws of Utah 1998, Chapter 282
42 53-13-106, as last amended by Laws of Utah 2008, Chapter 382
44 53-13-106.5, Utah Code Annotated 1953
46 Be it enacted by the Legislature of the state of Utah:
47 Section 1. Section 53-13-102 is amended to read:
48 53-13-102. Peace officer classifications.
49 The following officers may exercise peace officer authority only as specifically
50 authorized by law:
51 (1) law enforcement officers;
52 (2) correctional officers;
53 (3) special function officers; and
54 (4) federal officers S. [
55 Section 2. Section 53-13-106 is amended to read:
56 53-13-106. Federal officers -- State law enforcement authority.
57 (1) (a) "Federal officer" includes:
58 (i) a special agent of the Federal Bureau of Investigation;
59 (ii) a special agent of the United States Secret Service;
60 (iii) a special agent of the United States Department of Homeland Security, excluding a
61 customs inspector or detention removal officer;
62 (iv) a special agent of the Bureau of Alcohol, Tobacco and Firearms;
63 (v) a special agent of the Drug Enforcement Administration;
64 (vi) a United States marshal, deputy marshal, and special deputy United States marshal;
66 (vii) a U.S. Postal Inspector of the United States Postal Inspection Service.
67 (b) S. [
67a Subsection (1)(a) have
68 S. [
68a this state
69 S. [
69a precedence over Subsection (2).
69c exercise law enforcement authority related to felony offenses under Utah law only as
69d established by an agreement under Subsection 53-13-106.5(7). This Subsection (1)(b)(ii) takes
69e precedence over Subsection (2). .S
70 (c) The council may designate other federal peace officers, as necessary S. [
71 by Section 53-13-106.5
72 (i) are persons employed full-time by the United States government as federally
73 recognized law enforcement officers primarily responsible for the investigation and
74 enforcement of the federal laws;
75 (ii) have successfully completed formal law enforcement training offered by an agency
76 of the federal government consisting of not less than 400 hours; and
77 (iii) maintain in-service training in accordance with the standards set forth in Section
78 53-13-103 .
79 (2) Except as otherwise provided under Title 63L, Chapter [
80 and Title 77, Chapter 9, Uniform Act on Fresh Pursuit, a federal officer may exercise state law
81 enforcement authority only if:
82 (a) the state law enforcement agencies and county sheriffs with jurisdiction enter into
83 an agreement with the federal agency to be given authority; and
84 (b) except as provided in Subsection (3), each federal officer employed by the federal
85 agency meets the waiver requirements set forth in Section 53-6-206 .
86 (3) A federal officer working as such in the state on or before July 1, 1995, may
87 exercise state law enforcement authority without meeting the waiver requirement.
88 (4) At any time, consistent with any contract with a federal agency, a state or local law
89 enforcement authority may withdraw state law enforcement authority from any individual
90 federal officer by sending written notice to the federal agency and to the division.
91 (5) The authority of a federal officer under this section is limited to the jurisdiction of
92 the authorizing state or local agency, and may be further limited by the state or local agency to
93 enforcing specific statutes, codes, or ordinances.
94 Section 3. Section 53-13-106.5 is enacted to read:
95 53-13-106.5. State limitations on functions of federal law enforcement officers.
96 (1) As used in this section H. [
96a (a) "Federal agency" means a federal agency that manages federally managed land.
96b (b) "Federal employee" means an employee of:
96c (i) the Bureau of Land Management;
96d (ii) the United States Forest Service; or
96e (iii) the National Park Service; and
96f (c) "Federally .H managed land" means land managed by the
97 following federal agencies:
98 H. [
99 H. [
100 H. [
101 (2) Unless otherwise provided by Utah law, federal employees performing their duties
102 in Utah:
103 (a) may not exercise law enforcement authority solely because the land on which they
104 exercise the authority is federally managed; and
105 (b) may exercise only law enforcement authority:
106 (i) expressly granted by federal statute; and
107 (ii) consistent with the Constitution of the United States.
108 (3) H. [
108a enforcement powers
109 to enforce the laws of Utah, either on or off federally managed land H. [
110 (b) This Subsection (3) takes precedence over any other Utah law.
110a under this section or other provisions of state statute. .H
111 (4) (a) Utah does not recognize the authority of employees or agents of the United
112 States Department of Interior to exercise law enforcement powers beyond those powers strictly
113 necessary for the management, use, and protection of federally managed lands, including
114 property located on these lands, as limited by 43 U.S.C. 1733(a) and 1733(c)(2).
115 (b) As required by Congress in 43 U.S.C. 1733(c)(1), when the Secretary of Interior
116 determines that state or local assistance is necessary in enforcing federal laws and regulations
117 relating to federally managed lands or the resources on those lands, the secretary shall offer a
118 contract to appropriate state or local law enforcement agencies of the state with the purpose of
119 achieving maximum feasible reliance upon state or local law enforcement officials in enforcing
120 the federal laws and regulations.
121 (5) Utah does not authorize federal employees to take action based on the Utah Code,
122 Utah Administrative Rules, or county or municipal ordinances as a basis to arrest S. [
122a S. [
124 (a) has been expressly granted by federal statute; and
125 (b) is consistent with the Constitution of the United States.
126 S. [
127 federal mandates which purport to require that state and local law enforcement agencies
128 enforce unconstitutional federal laws and related regulations, except as specifically provided in
129 Utah law and under Subsection (6)(b).
130 (b) This Subsection (6) does not prohibit state and local law enforcement agencies
131 from entering into contracts with the Secretary of Interior pursuant to 43 U.S.C. 1733(c)(1).
132a access to or
133 use of the S. correctional and communication .S facilities and equipment of any state or local
133a law enforcement agency without the
134 express written consent of the S. [
134a law enforcement agency.
135 S. [
135a agreements with
136 federal agencies granting concurrent authority to enforce federal laws and state and local laws,
137 S. [
137a years .H .
138 S. [
139 agencies that have law enforcement responsibilities and that are acting within the jurisdictional
140 area of the county to ascertain whether the federal agencies are acting consistently with this
142 (b) County sheriffs shall annually report to the county attorney or district attorney of
143 their jurisdiction the results of all reviews conducted under this Subsection S. [
144 H. [
145 prosecute federal employees under state law governing the unauthorized exercise of law
146 enforcement powers when the federal employees are found to be exercising law enforcement
148 (i) that exceed those authorized by federal law; and
149 (ii) that are not consistent with the Constitution of the United States.
Legislative Review Note
as of 11-16-09 6:41 AM