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• 2015 General Session
• H.B. 361

H.B. 361 Investigation Protocols for Peace Officer Use of Force

• Bill Text
• Status
• Hearings/Debate

Bill Sponsor: Rep. Roberts, Marc K.

Floor Sponsor: Sen. Henderson, Deidre M.

• Drafting Attorney: Susan Creager Allred
• Fiscal Analyst: Gary R. Syphus

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• Bill Text
  • Introduced
  • Amended
    • Amended Pages Only
  • Enrolled (Currently Displayed)

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• Related Documents
  • Fiscal Note
  • House Transmittal Letter 1
  • House Transmittal Letter 2
  • Senate Transmittal Letter 1
  • Senate Transmittal Letter 2
  • House Committee Amendment 1
  • House Floor Amendment 2(passed)
  • Senate Committee Amendment 3

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• Information
  • Last Action: 25 Mar 2015, Governor Signed
  • Last Location: Lieutenant Governor's office for filing
  • Effective Date: 12 May 2015
  • Session Law Chapter: 178

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• Similar Bills
  • Peace Officer
  • Law Enforcement and Criminal Justice
  • Public Safety

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Enrolled

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H.B. 361

1     INVESTIGATION PROTOCOLS FOR PEACE OFFICER USE
2     OF FORCE
3     2015 GENERAL SESSION
4     STATE OF UTAH
5     Chief Sponsor: Marc K. Roberts
6     Senate Sponsor: Deidre M. Henderson
7     

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8     LONG TITLE
9     General Description:
10          This bill modifies the Utah Criminal Code regarding the investigation of peace officer
11     use of force.
12     Highlighted Provisions:
13          This bill:
14          ▸     requires the chief executive of a law enforcement agency to work with the district or
15     county attorney to designate an agency to investigate instances of a peace officer use
16     of force;
17          ▸     requires that the investigating agency not be the agency where the officer is
18     employed; and
19          ▸     requires each law enforcement agency to adopt and post by December 31, 2015:
20               •     the policies and procedures the agency has adopted to select the investigating
21     agency if an officer-involved critical incident occurs in its jurisdiction; and
22               •     the protocols the agency has adopted to ensure that any investigation of
23     officer-involved incidents occurring in its jurisdiction are conducted
24     professionally, thoroughly, and impartially.
25     Money Appropriated in this Bill:
26          None
27     Other Special Clauses:
28          None
29     Utah Code Sections Affected:

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30     ENACTS:
31          76-2-408, Utah Code Annotated 1953
32     

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33     Be it enacted by the Legislature of the state of Utah:
34          Section 1. Section 76-2-408 is enacted to read:
35          76-2-408. Peace officer use of force -- Investigations.
36          (1) As used in this section:
37          (a) "Dangerous weapon" is a firearm or an object that in the manner of its use or
38     intended use is capable of causing death or serious bodily injury.
39          (b) "Investigating agency" is a law enforcement agency, the county or district attorney's
40     office, or an interagency task force composed of officers from multiple law enforcement
41     agencies.
42          (c) "Officer" is a law enforcement officer as defined in Section 53-13-103.
43          (d) "Officer-involved critical incident" is any of the following:
44          (i) the use of a dangerous weapon by an officer against a person that causes injury to
45     any person;
46          (ii) a fatal injury to any person except the officer, resulting from the use of a motor
47     vehicle by an officer;
48          (iii) the death of a person who is in law enforcement custody, but not including deaths
49     that are the result of disease, natural causes, or conditions that have been medically diagnosed
50     prior to the person's death; or
51          (iv) a fatal injury to a person resulting from the efforts of an officer attempting to
52     prevent a person's escape from custody, make an arrest, or otherwise gain physical control of a
53     person.
54          (2) When an officer-involved critical incident occurs:
55          (a) upon receiving notice of the officer-involved critical incident, the law enforcement
56     agency having jurisdiction where the incident occurred shall, as soon as practical, notify the
57     county or district attorney having jurisdiction where the incident occurred; and

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58          (b) the chief executive of the law enforcement agency and the county or district
59     attorney having jurisdiction where the incident occurred shall:
60          (i) jointly designate an investigating agency for the officer-involved critical incident;
61     and
62          (ii) designate which agency is the lead investigative agency if the officer-involved
63     critical incident involves multiple investigations.
64          (3) The investigating agency under Subsection (2) may not be the law enforcement
65     agency employing the officer who is alleged to have caused or contributed to the
66     officer-involved critical incident.
67          (4) This section does not preclude the law enforcement agency employing an officer
68     alleged to have caused or contributed to the officer-involved critical incident from conducting
69     an internal administrative investigation.
70          (5) Each law enforcement agency that is part of or administered by the state or any of
71     its political subdivisions shall, by December 31, 2015, adopt and post on its publicly accessible
72     website:
73          (a) the policies and procedures the agency has adopted to select the investigating
74     agency if an officer-involved critical incident occurs in its jurisdiction and one of its officers is
75     alleged to have caused or contributed to the officer-involved incident; and
76          (b) the protocols the agency has adopted to ensure that any investigation of
77     officer-involved incidents occurring in its jurisdiction are conducted professionally,
78     thoroughly, and impartially.