H.B. 270
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7 LONG TITLE
8 General Description:
9 This bill modifies the Peace Officer Standards and Training Act regarding certification
10 of peace officers.
11 Highlighted Provisions:
12 This bill:
13 . clarifies that a peace officer certification becomes inactive if a peace officer has not
14 been actively engaged in performing the duties as a certified and sworn peace
15 officer for 18 consecutive months;
16 . provides that a peace officer certification be designated as lapsed if a peace officer
17 has not been actively engaged in performing the duties as a certified and sworn
18 peace officer for four continuous years; and
19 . makes a technical correction.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 53-6-208 , as last amended by Laws of Utah 2011, Chapter 58
27 53-6-211.5 , as enacted by Laws of Utah 2010, Chapter 313
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29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 53-6-208 is amended to read:
31 53-6-208. Inactive certificates -- Lapse of certificate -- Reinstatement.
32 (1) (a) The certificate of a peace officer who has not been actively engaged in
33 performing the duties [
34 more, but less than four consecutive years, is designated "inactive."
35 (b) A peace officer whose certificate is inactive shall pass the certification examination
36 and a physical fitness test before the certificate may be reissued or reinstated.
37 (2) (a) The certificate of a peace officer who has not been actively engaged in
38 performing the duties [
39 more is designated as "lapsed."
40 (b) A peace officer whose certificate is lapsed shall pass the basic training course at a
41 certified academy, the certification examination, and a physical fitness test before the
42 certificate may be reissued or reinstated.
43 Section 2. Section 53-6-211.5 is amended to read:
44 53-6-211.5. Voluntary relinquishment of peace officer certification.
45 (1) A peace officer may voluntarily relinquish the peace officer's certification to the
46 division at any time when a disciplinary issue regarding the peace officer has been referred to
47 the division.
48 (2) (a) A peace officer who voluntarily relinquishes certification under this section may
49 not subsequently be certified as a peace officer in this state.
50 (b) This section does not apply to a peace officer whose certification has become
51 inactive or has lapsed as provided in Section 53-6-208 .
Legislative Review Note
as of 1-17-14 1:18 PM