Chief Sponsor: Eric K. Hutchings

Senate Sponsor: Deidre M. Henderson


8     General Description:
9          This bill modifies provisions relating to a law enforcement agency's report of a
10     reportable incident.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines "deployment";
14          ▸     amends the definition of terms to include the deployment of an armored vehicle in
15     the definition of "reportable incident";
16          ▸     requires the Commission on Criminal and Juvenile Justice to submit certain
17     information reported by law enforcement agencies to the Department of Technology
18     Services for inclusion on the state's open government website; and
19          ▸     makes technical changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          77-7-8.5, as enacted by Laws of Utah 2014, Chapter 106

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 77-7-8.5 is amended to read:
30          77-7-8.5. Use of tactical groups -- Reporting requirements.
31          (1) As used in this section:
32          (a) "Deployment" means the use of personnel or a resource by a law enforcement
33     agency, regardless of whether the personnel or resource is:
34          (i) owned, leased, rented, or borrowed by the law enforcement agency; or
35          (ii) used by or provided to the law enforcement agency in response to a request for
36     assistance made by the law enforcement agency.
37          [(a)] (b) (i) "Reportable incident" means:
38          (A) the deployment of a tactical group, if a member of the tactical group arrives at the
39     location to which the tactical group is deployed; [or]
40          (B) law enforcement officers who serve a search warrant after using forcible entry[.];
41     or
42          (C) the deployment of an armored vehicle for a law enforcement purpose.
43          (ii) "Reportable incident" does not [mean] include a forced cell entry at a corrections
44     facility.
45          [(b)] (c) "Tactical group" means a special unit, within a law enforcement agency,
46     specifically trained and equipped to respond to critical, high-risk situations.
47          (2) On and after January 1, 2015, every state, county, municipal, or other law
48     enforcement agency shall annually on or before April 30 report to the Commission on Criminal
49     and Juvenile Justice the following information for the previous calendar year:
50          (a) whether the law enforcement agency conducted one or more reportable incidents;
51          (b) the following information regarding each reportable incident:
52          (i) the organizational title of the agency, task force, or tactical group deployed;
53          (ii) the city, county, and zip code of the location where the reportable incident
54     occurred;
55          (iii) the reason for the deployment;
56          (iv) the type of warrant obtained, if any;
57          (v) if a threat assessment was completed;
58          (vi) if a warrant was obtained, the name of the judge or magistrate who authorized the

59     warrant;
60          (vii) the number of arrests made, if any;
61          (viii) if any evidence was seized;
62          (ix) if any property was seized, other than property that was seized as evidence;
63          (x) if a forcible entry was made;
64          (xi) if a firearm was discharged by a law enforcement officer, and, if so, approximately
65     how many shots were fired by each officer;
66          (xii) if a weapon was brandished by a person other than the law enforcement officers;
67          (xiii) if a weapon was used by a person against the law enforcement officers and, if a
68     firearm was used, the number or approximate number of shots fired by the person;
69          (xiv) the identity of any law enforcement agencies that participated or provided
70     resources for the deployment;
71          (xv) if a person or domestic animal was injured or killed by a law enforcement officer;
72     and
73          (xvi) if a law enforcement officer was injured or killed; and
74          (c) the number of arrest warrants served that required a forced entry as provided by
75     Section 77-7-8 and were not served in conjunction with a search warrant that resulted in a
76     reportable incident.
77          (3) If a warrant is served by a multijurisdictional team of law enforcement officers, the
78     reporting requirement in this section shall be the responsibility of the commanding agency or
79     governing authority of the multijurisdictional team.
80          (4) The Commission on Criminal and Juvenile Justice shall develop a standardized
81     format that each law enforcement agency shall use in reporting the data required in Subsection
82     (2).
83          (5) A law enforcement agency shall:
84          (a) compile the data described in Subsection (2) for each year as a report in the format
85     required under Subsection (4); and
86          (b) submit the report to:
87          (i) the Commission on Criminal and Juvenile Justice; and
88          (ii) the local governing body of the jurisdiction served by the law enforcement agency.
89          (6) (a) The Commission on Criminal and Juvenile Justice shall summarize the yearly

90     reports of law enforcement agencies submitted under Subsection (2).
91          (b) Before August 1 of each year, the Commission on Criminal and Juvenile Justice
92     shall submit:
93          (i) a report of the summaries described in Subsection (6)(a) to:
94          [(i)] (A) the attorney general;
95          [(ii)] (B) the speaker of the House of Representatives, for referral to any house standing
96     or interim committees with oversight of law enforcement and criminal justice;
97          [(iii)] (C) the president of the Senate, for referral to any Senate standing or interim
98     committees with oversight of law enforcement and criminal justice; [and]
99          [(iv)] (D) each law enforcement agency[.]; and
100          [(c) The report described in Subsection (6)(b) shall be published on the Utah Open
101     Government website, open.utah.gov, before August 15 of each year.]
102          (E) the Department of Technology Services; and
103          (ii) the information reported to the commission under Subsection (2) to the Department
104     of Technology Services.
105          (c) Before August 15 of each year, the Department of Technology Services shall
106     publish, on the open government website maintained by the department, the report and
107     information submitted to the department under Subsection (6)(b).
108          (7) (a) If a law enforcement agency fails to comply with the reporting requirements
109     listed in Subsection (2), the Commission on Criminal and Juvenile Justice shall contact the law
110     enforcement agency and request that the agency comply with the required reporting provisions.
111          (b) If a law enforcement agency fails to comply with the reporting requirements listed
112     in Subsection (2) within 30 days after being contacted by the Commission on Criminal and
113     Juvenile Justice with a request to comply, the Commission on Criminal and Juvenile Justice
114     shall report the noncompliance to the attorney general, the speaker of the House of
115     Representatives, and the president of the Senate.

Legislative Review Note
Office of Legislative Research and General Counsel