1     
LAW ENFORCEMENT OFFICER INVESTIGATION

2     
AMENDMENTS

3     
2016 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Paul Ray

6     
Senate Sponsor: ____________

7     

8     LONG TITLE
9     General Description:
10          This bill modifies the Public Safety Code regarding law enforcement officers.
11     Highlighted Provisions:
12          This bill:
13          ▸     provides policies and procedures for the investigation and interrogation of any law
14     enforcement officer;
15          ▸     provides that the specified personal information of an officer being investigated may
16     not be released to anyone who is not part of the investigation, without written
17     consent of the officer being investigated or other representatives, as specified;
18          ▸     establishes the process by which information may be recorded in an officer's
19     personnel file and the process by which an officer can respond to that information;
20     and
21          ▸     provides that an officer cannot be penalized or threatened with a penalty for
22     exercising the officer's specified rights.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:

28     ENACTS:
29          53-6a-101, Utah Code Annotated 1953
30          53-6a-102, Utah Code Annotated 1953
31          53-6a-103, Utah Code Annotated 1953
32          53-6a-104, Utah Code Annotated 1953
33          53-6a-105, Utah Code Annotated 1953
34          53-6a-106, Utah Code Annotated 1953
35          53-6a-107, Utah Code Annotated 1953
36          53-6a-108, Utah Code Annotated 1953
37     

38     Be it enacted by the Legislature of the state of Utah:
39          Section 1. Section 53-6a-101 is enacted to read:
40     
CHAPTER 6a. INVESTIGATION OF LAW ENFORCEMENT OFFICER

41          53-6a-101. Title.
42          This chapter is known as "Investigation of Law Enforcement Officer."
43          Section 2. Section 53-6a-102 is enacted to read:
44          53-6a-102. Disciplinary investigations of law enforcement officers.
45          The provisions of this chapter apply only to law enforcement officers, as defined by
46     Section 53-13-103, who are under investigation for possible suspension, demotion, or
47     dismissal.
48          Section 3. Section 53-6a-103 is enacted to read:
49          53-6a-103. Minimum standards -- Interrogations and investigations.
50          (1) When a law enforcement officer is being investigated, the following minimum
51     standards apply:
52          (a) the law enforcement officer shall be informed of the following, when notified of
53     any investigation:
54          (i) the nature of the investigation;
55          (ii) the identity and authority of the person conducting the investigation; and
56          (iii) the identity of all persons present during any interrogation; and
57          (b) the law enforcement officer shall be allowed to make handwritten or electronic
58     notes.

59          (2) Any interrogation of a law enforcement officer in connection with an investigation
60     shall be for a reasonable period of time and allow for rest and personal necessity breaks.
61          (3) (a) All interrogations of any law enforcement officer in connection with the
62     investigation shall be recorded.
63          (b) The law enforcement officer shall be provided a copy of the recording or transcript
64     of the recording of the interrogation upon written request.
65          (4) (a) Any law enforcement officer being questioned in an administrative investigation
66     has the right to be represented by counsel or a representative of the officer's choosing.
67          (b) The law enforcement officer may request counsel or representation at any time
68     during an investigation and shall be granted up to 48 hours to secure representation prior to
69     being required to answer questions.
70          (5) If an officer is being questioned or accused of criminal, or potential criminal
71     wrongdoing, the officer shall be given a proper admonition as defined in Garrity v. New Jersey,
72     385 U.S. 493 (1967).
73          Section 4. Section 53-6a-104 is enacted to read:
74          53-6a-104. Complaints filed against a law enforcement officer -- Process and
75     hearings.
76          (1) When a formal written complaint is made against a law enforcement officer, any
77     investigation shall be conducted in a reasonable amount of time.
78          (2) The investigation shall be considered complete upon:
79          (a) notice to the law enforcement officer being investigated of a pre-disciplinary
80     hearing; or
81          (b) a determination that the complaint is unfounded or unsubstantiated.
82          (3) Complaints determined to be unfounded or unsubstantiated may not be released to
83     the public.
84          (4) The results of a substantiated complaint may only be released to involved parties or
85     the person who filed the complaint.
86          (5) This section does not limit any investigation of alleged criminal activity.
87          Section 5. Section 53-6a-105 is enacted to read:
88          53-6a-105. Release of personal information.
89          (1) When a law enforcement officer is being investigated, the release of the following

90     information to anyone not involved in the investigation is prohibited without written consent
91     from the law enforcement officer who is the subject of the investigation:
92          (a) a law enforcement officer's home address;
93          (b) a law enforcement officer's photograph; or
94          (c) any information that may be considered confidential.
95          (2) In the event of an officer-involved critical incident, as defined in Section 76-2-408,
96     the name of any law enforcement officer involved may be released only after the law
97     enforcement officer has been notified.
98          Section 6. Section 53-6a-106 is enacted to read:
99          53-6a-106. Personnel files of law enforcement officers.
100          (1) An officer shall be given notification if the agency enters the following information
101     into the officer's personnel file:
102          (a) information regarding an investigation; or
103          (b) proposed discipline and a copy of the documents.
104          (2) A law enforcement officer being investigated has 30 days within which to file a
105     written response to any comment entered into the officer's personnel file. The written response
106     shall be attached to and shall accompany the comment.
107          Section 7. Section 53-6a-107 is enacted to read:
108          53-6a-107. Retaliation for exercising rights.
109          A law enforcement officer may not be penalized or threatened with a penalty for
110     exercising the law enforcement officer's rights under this chapter.
111          Section 8. Section 53-6a-108 is enacted to read:
112          53-6a-108. Discipline.
113          (1) The provisions of this part do not apply to a law enforcement officer in a
114     probationary employment status at the time a complaint is filed.
115          (2) In a dismissal hearing, the hearing officer shall be independent and not connected
116     with either the officer being investigated or the agency conducting the investigation.
117          (3) If a termination hearing is convened by the agency:
118          (a) an independent hearing officer or board shall be convened to determine if
119     termination is warranted; and
120          (b) both parties may provide any of the following to substantiate the guilt or innocence

121     of the officer:
122          (i) documents;
123          (ii) evidence; and
124          (iii) witnesses.






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