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H.B. 347 Law Enforcement Agreements

  • Drafting Attorney: Patricia Owen
  • Fiscal Analyst: Gary R. Syphus



  • 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


H.B. 347

1     
LAW ENFORCEMENT AGREEMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Christine F. Watkins

5     
Senate 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.
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
DateActionLocationVote
2/7/2018 Bill Numbered but not DistributedLegislative Research and General Counsel
2/7/2018 Numbered Bill Publicly DistributedLegislative Research and General Counsel
2/7/2018 LFA/ bill sent to agencies for fiscal inputLegislative Research and General Counsel
2/7/2018 House/ received bill from Legislative ResearchClerk of the House
2/7/2018 House/ 1st reading (Introduced)House Rules Committee
2/12/2018 LFA/ fiscal note sent to sponsorHouse Rules Committee
2/13/2018 LFA/ fiscal note publicly availableHouse Rules Committee
2/13/2018 House/ received fiscal note from Fiscal AnalystHouse Rules Committee
2/14/2018 House/ to standing committeeHouse Law Enforcement and Criminal Justice Committee
2/16/2018 House Comm - Favorable RecommendationHouse Law Enforcement and Criminal Justice Committee8 0 3
2/20/2018 (10:20:47 AM)House/ committee report favorableHouse Law Enforcement and Criminal Justice Committee
2/20/2018 (10:20:48 AM)House/ 2nd readingHouse 3rd Reading Calendar for House bills
2/27/2018 (11:41:33 AM)House/ 3rd readingHouse 3rd Reading Calendar for House bills
2/27/2018 (11:45:12 AM)House/ passed 3rd readingSenate Secretary71 0 4
2/27/2018 (11:45:14 AM)House/ to SenateSenate Secretary
2/27/2018 Senate/ received from HouseWaiting for Introduction in the Senate
2/27/2018 Senate/ 1st reading (Introduced)Senate Rules Committee
2/27/2018 Senate/ to standing committeeSenate Judiciary, Law Enforcement, and Criminal Justice Committee
3/1/2018 Senate Comm - Not ConsideredSenate Judiciary, Law Enforcement, and Criminal Justice Committee
3/5/2018 Senate Comm - Amendment Recommendation # 2Senate Judiciary, Law Enforcement, and Criminal Justice Committee4 0 3
3/5/2018 Senate Comm - Favorable RecommendationSenate Judiciary, Law Enforcement, and Criminal Justice Committee3 0 4
3/5/2018 Senate Comm - Consent Calendar RecommendationSenate Judiciary, Law Enforcement, and Criminal Justice Committee3 0 4
3/5/2018 (2:24:58 PM)Senate/ comm rpt/ amended/ placed on Consent CalSenate Judiciary, Law Enforcement, and Criminal Justice Committee
3/5/2018 (2:24:59 PM)Senate/ 2nd readingSenate Consent Calendar
3/8/2018 (9:18:33 AM)Senate/ 3rd readingSenate Consent Calendar
3/8/2018 (9:20:09 AM)Senate/ passed 3rd readingClerk of the House24 0 5
3/8/2018 (9:20:10 AM)Senate/ to House with amendmentsClerk of the House
3/8/2018 (10:35:44 AM)House/ received from SenateClerk of the House
3/8/2018 (10:35:45 AM)House/ placed on Concurrence CalendarHouse Concurrence Calendar
3/8/2018 (2:14:03 PM)House/ concurs with Senate amendmentSenate President64 0 11
3/8/2018 (2:14:04 PM)House/ to SenateSenate President
3/8/2018 Senate/ received from HouseSenate President
3/8/2018 Senate/ signed by President/ returned to HouseHouse Speaker
3/8/2018 Senate/ to HouseHouse Speaker
3/8/2018 House/ received from SenateHouse Speaker
3/8/2018 House/ signed by Speaker/ sent for enrollingLegislative Research and General Counsel / Enrolling
3/15/2018 Bill Received from House for EnrollingLegislative Research and General Counsel / Enrolling
3/15/2018 Draft of Enrolled Bill PreparedLegislative Research and General Counsel / Enrolling
3/16/2018 Enrolled Bill Returned to House or SenateClerk of the House
3/16/2018 House/ enrolled bill to PrintingClerk of the House
3/16/2018 House/ to GovernorExecutive Branch - Governor
3/19/2018 Governor SignedLieutenant Governor's office for filing