H.B. 347 Law Enforcement Agreements
Bill Sponsor: ![]() Rep. Watkins, Christine F | Floor Sponsor: ![]() Sen. Van Tassell, Kevin T. |
- Drafting Attorney: Patricia Owen
- Fiscal Analyst: Gary R. Syphus
- Bill Text
- Introduced
- Amended
- Enrolled
(Currently Displayed)
- Introduced
- Related Documents
- Information
- Last Action: 19 Mar 2018, Governor Signed
- Last Location: Lieutenant Governor's office for filing
- Effective Date: 8 May 2018
- Session Law Chapter: 237
Enrolled
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H.B. 347
1 LAW ENFORCEMENT AGREEMENTS
22018 GENERAL SESSION
3STATE OF UTAH
4Chief Sponsor: Christine F. Watkins
5Senate Sponsor: Kevin T. Van Tassell
6
7 LONG TITLE
8 General Description:
9 This bill modifies state and tribal jurisdiction provisions.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ provides that a presidential townsite with Indian land may enter into an agreement
14 with the local county sheriff, an Indian tribe, and the Bureau of Indian Affairs;
15 ▸ provides that the agreement shall grant authority to individuals certified by the
16 Bureau of Indian Affairs to enforce state and local misdemeanor and felony offenses
17 on lands within the presidential townsite with Indian land;
18 ▸ includes training requirements; and
19 ▸ makes technical corrections.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 ENACTS:
26 9-9-214, Utah Code Annotated 1953
27
28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 9-9-214 is enacted to read:
30 9-9-214. Law enforcement in presidential townsites.
31 (1) As used in this section:
32 (a) "Agents of the Bureau of Indian Affairs" means individuals the Bureau of Indian
33 Affairs has empowered to enforce federal statutes in Indian land under 25 U.S.C. Sec. 2802 or
34 25 U.S.C. Sec. 2804.
35 (b) "Bureau of Indian Affairs" means the Bureau of Indian Affairs within the United
36 States Department of the Interior.
37 (c) "Indian land" means land that qualifies as "Indian country" under 18 U.S.C. Sec.
38 1151.
39 (d) "Indian tribe" or "tribe" means an Indian tribe included in the list of federally
40 recognized Indian tribes under 25 U.S.C. Sec. 5131.
41 (e) "Non-Indian land" means land that does not qualify as "Indian country" under 18
42 U.S.C. Sec. 1151.
43 (f) "Presidential townsite with Indian land" means a municipality incorporated under
44 the laws of the state:
45 (i) created by presidential proclamation pursuant to Sections 2380 and 2381 of the
46 Revised Statutes of the United States, Act of Congress of March 3, 1863, 12 Stat. 754; and
47 (ii) encompassing Indian land and non-Indian land within its municipal boundaries.
48 (2) A presidential townsite with Indian land may enter into an agreement that grants
49 authority to agents of the Bureau of Indian Affairs to enforce all applicable state and local
50 misdemeanor and felony offenses on all lands within the presidential townsite with Indian land,
51 provided that each of the following shall be party to the agreement:
52 (a) the presidential townsite with Indian land;
53 (b) the local county sheriff;
54 (c) the Indian tribe with jurisdiction over Indian lands within the presidential townsite
55 with Indian land; and
56 (d) the Bureau of Indian Affairs.
57 (3) An agreement entered into under Subsection (2) may be for any period of time and
58 shall state the period of time that the agreement lasts.
59 (4) Agents of the Bureau of Indian Affairs who are granted authority to enforce state
60 and local criminal misdemeanor offenses and felonies under an agreement entered into under
61 Subsection (2) shall successfully complete a course focusing on Utah criminal and
62 constitutional law and process specifically approved by the director of the Peace Officer
63 Standards and Training Division created under Section 53-6-103 to qualify the individual for
64 cross-deputization pursuant to this section.
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill modifies state and tribal jurisdiction provisions.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ provides that a presidential townsite with Indian land may enter into an agreement
14 with the local county sheriff, an Indian tribe, and the Bureau of Indian Affairs;
15 ▸ provides that the agreement shall grant authority to individuals certified by the
16 Bureau of Indian Affairs to enforce state and local misdemeanor and felony offenses
17 on lands within the presidential townsite with Indian land;
18 ▸ includes training requirements; and
19 ▸ makes technical corrections.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 ENACTS:
26 9-9-214, Utah Code Annotated 1953
27
28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 9-9-214 is enacted to read:
30 9-9-214. Law enforcement in presidential townsites.
31 (1) As used in this section:
32 (a) "Agents of the Bureau of Indian Affairs" means individuals the Bureau of Indian
33 Affairs has empowered to enforce federal statutes in Indian land under 25 U.S.C. Sec. 2802 or
34 25 U.S.C. Sec. 2804.
35 (b) "Bureau of Indian Affairs" means the Bureau of Indian Affairs within the United
36 States Department of the Interior.
37 (c) "Indian land" means land that qualifies as "Indian country" under 18 U.S.C. Sec.
38 1151.
39 (d) "Indian tribe" or "tribe" means an Indian tribe included in the list of federally
40 recognized Indian tribes under 25 U.S.C. Sec. 5131.
41 (e) "Non-Indian land" means land that does not qualify as "Indian country" under 18
42 U.S.C. Sec. 1151.
43 (f) "Presidential townsite with Indian land" means a municipality incorporated under
44 the laws of the state:
45 (i) created by presidential proclamation pursuant to Sections 2380 and 2381 of the
46 Revised Statutes of the United States, Act of Congress of March 3, 1863, 12 Stat. 754; and
47 (ii) encompassing Indian land and non-Indian land within its municipal boundaries.
48 (2) A presidential townsite with Indian land may enter into an agreement that grants
49 authority to agents of the Bureau of Indian Affairs to enforce all applicable state and local
50 misdemeanor and felony offenses on all lands within the presidential townsite with Indian land,
51 provided that each of the following shall be party to the agreement:
52 (a) the presidential townsite with Indian land;
53 (b) the local county sheriff;
54 (c) the Indian tribe with jurisdiction over Indian lands within the presidential townsite
55 with Indian land; and
56 (d) the Bureau of Indian Affairs.
57 (3) An agreement entered into under Subsection (2) may be for any period of time and
58 shall state the period of time that the agreement lasts.
59 (4) Agents of the Bureau of Indian Affairs who are granted authority to enforce state
60 and local criminal misdemeanor offenses and felonies under an agreement entered into under
61 Subsection (2) shall successfully complete a course focusing on Utah criminal and
62 constitutional law and process specifically approved by the director of the Peace Officer
63 Standards and Training Division created under Section 53-6-103 to qualify the individual for
64 cross-deputization pursuant to this section.
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
Date | Action | Location | Vote |
2/7/2018 | Bill Numbered but not Distributed | Legislative Research and General Counsel | |
2/7/2018 | Numbered Bill Publicly Distributed | Legislative Research and General Counsel | |
2/7/2018 | LFA/ bill sent to agencies for fiscal input | Legislative Research and General Counsel | |
2/7/2018 | House/ received bill from Legislative Research | Clerk of the House | |
2/7/2018 | House/ 1st reading (Introduced) | House Rules Committee | |
2/12/2018 | LFA/ fiscal note sent to sponsor | House Rules Committee | |
2/13/2018 | LFA/ fiscal note publicly available | House Rules Committee | |
2/13/2018 | House/ received fiscal note from Fiscal Analyst | House Rules Committee | |
2/14/2018 | House/ to standing committee | House Law Enforcement and Criminal Justice Committee | |
2/16/2018 | House Comm - Favorable Recommendation | House Law Enforcement and Criminal Justice Committee | 8 0 3 |
2/20/2018 (10:20:47 AM) | House/ committee report favorable | House Law Enforcement and Criminal Justice Committee | |
2/20/2018 (10:20:48 AM) | House/ 2nd reading | House 3rd Reading Calendar for House bills | |
2/27/2018 (11:41:33 AM) | House/ 3rd reading | House 3rd Reading Calendar for House bills | |
2/27/2018 (11:45:12 AM) | House/ passed 3rd reading | Senate Secretary | 71 0 4 |
2/27/2018 (11:45:14 AM) | House/ to Senate | Senate Secretary | |
2/27/2018 | Senate/ received from House | Waiting for Introduction in the Senate | |
2/27/2018 | Senate/ 1st reading (Introduced) | Senate Rules Committee | |
2/27/2018 | Senate/ to standing committee | Senate Judiciary, Law Enforcement, and Criminal Justice Committee | |
3/1/2018 | Senate Comm - Not Considered | Senate Judiciary, Law Enforcement, and Criminal Justice Committee | |
3/5/2018 | Senate Comm - Amendment Recommendation # 2 | Senate Judiciary, Law Enforcement, and Criminal Justice Committee | 4 0 3 |
3/5/2018 | Senate Comm - Favorable Recommendation | Senate Judiciary, Law Enforcement, and Criminal Justice Committee | 3 0 4 |
3/5/2018 | Senate Comm - Consent Calendar Recommendation | Senate Judiciary, Law Enforcement, and Criminal Justice Committee | 3 0 4 |
3/5/2018 (2:24:58 PM) | Senate/ comm rpt/ amended/ placed on Consent Cal | Senate Judiciary, Law Enforcement, and Criminal Justice Committee | |
3/5/2018 (2:24:59 PM) | Senate/ 2nd reading | Senate Consent Calendar | |
3/8/2018 (9:18:33 AM) | Senate/ 3rd reading | Senate Consent Calendar | |
3/8/2018 (9:20:09 AM) | Senate/ passed 3rd reading | Clerk of the House | 24 0 5 |
3/8/2018 (9:20:10 AM) | Senate/ to House with amendments | Clerk of the House | |
3/8/2018 (10:35:44 AM) | House/ received from Senate | Clerk of the House | |
3/8/2018 (10:35:45 AM) | House/ placed on Concurrence Calendar | House Concurrence Calendar | |
3/8/2018 (2:14:03 PM) | House/ concurs with Senate amendment | Senate President | 64 0 11 |
3/8/2018 (2:14:04 PM) | House/ to Senate | Senate President | |
3/8/2018 | Senate/ received from House | Senate President | |
3/8/2018 | Senate/ signed by President/ returned to House | House Speaker | |
3/8/2018 | Senate/ to House | House Speaker | |
3/8/2018 | House/ received from Senate | House Speaker | |
3/8/2018 | House/ signed by Speaker/ sent for enrolling | Legislative Research and General Counsel / Enrolling | |
3/15/2018 | Bill Received from House for Enrolling | Legislative Research and General Counsel / Enrolling | |
3/15/2018 | Draft of Enrolled Bill Prepared | Legislative Research and General Counsel / Enrolling | |
3/16/2018 | Enrolled Bill Returned to House or Senate | Clerk of the House | |
3/16/2018 | House/ enrolled bill to Printing | Clerk of the House | |
3/16/2018 | House/ to Governor | Executive Branch - Governor | |
3/19/2018 | Governor Signed | Lieutenant Governor's office for filing |
Committee Hearings/Floor Debate
- Committee Hearings