1     
PRIVATE SECURITY AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Lee B. Perry

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the Public Safety Code regarding peace officers.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies requirements regarding the employment of an off-duty peace officer by a
13     security company.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          53-13-114, as last amended by Laws of Utah 2012, Chapter 196
21          58-63-304, as last amended by Laws of Utah 2013, Chapter 436
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 53-13-114 is amended to read:
25          53-13-114. Off-duty peace officer working as a security officer.
26          A peace officer may engage in off-duty employment as a peace officer or a security
27     officer under Section 58-63-304 only if:

28          (1) the law enforcement agency employing the peace officer:
29          (a) has a written policy regarding peace officer employees working while off-duty as
30     peace officers or security officers as required in Subsection 58-63-304(2); and
31          (b) the policy under Subsection (1)(a) is:
32          (i) posted and publicly available on the appropriate city, county, or state website; or
33          (ii) posted on the Utah Public Notice Website created in Section 63F-1-701 if the law
34     enforcement agency does not have access to a website under Subsection (1)(b)(i)[.];
35          (2) the agency's chief administrative officer, or that officer's designee, provides written
36     authorization for an off-duty peace officer to work as a peace officer or a security officer; and
37          (3) the business or entity employing the off-duty peace officer to work as a peace
38     officer or a security officer complies with state and federal income reporting and withholding
39     requirements regarding the off-duty officer's wages.
40          Section 2. Section 58-63-304 is amended to read:
41          58-63-304. Exemptions from licensure -- Off-duty peace officers.
42          (1) In addition to the exemptions from licensure in Section 58-1-307, an individual
43     may engage in acts regulated under this chapter without being licensed under this chapter if the
44     individual is:
45          (a) a peace officer employed by[, or licensed as,] a contract security company, as
46     provided in Subsection (2); or
47          (b) employed by a contract security company for the sole purpose of operating or
48     staffing security apparatus, including a magnetometer, magnetometer wand, x-ray viewing
49     device, or other device approved by rule of the division.
50          (2) A peace officer may only engage in off-duty employment as a peace officer or as a
51     security officer if:
52          (a) the law enforcement agency employing the peace officer has a written policy
53     regarding peace officer employees working while off duty as a peace officer or as a security
54     officer, and the written policy [addresses the issue of financial responsibility]:
55          (i) requires that the employer demonstrate documentation of the employer's financial
56     responsibility, including the employer's tax identification, and workers' compensation
57     compliance;
58          (ii) requires that the off-duty peace officer and the employer establish, by contract, a

59     liability indemnity agreement as required by the law enforcement agency; and
60          (iii) is available to the public as required under Subsection 53-13-114(1)(b);
61          (b) the agency's chief administrative officer, or that officer's designee, provides written
62     authorization for an off-duty peace officer to work as a peace officer or as a security officer;
63     and
64          (c) the business or entity employing the off-duty peace officer to work as a peace
65     officer or a security officer complies with state and federal income reporting and withholding
66     requirements regarding the off-duty officer's wages.
67          (3) In addition to the exemptions from licensure in Section 58-1-307, an individual
68     holding a valid license as an armed private security officer under this chapter may also function
69     as an unarmed private security officer without the additional license.
70          (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
71     division may make rules approving security apparatus under Subsection (1)(b).






Legislative Review Note
Office of Legislative Research and General Counsel