1     
APPOINTMENT OF CONSTABLES AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Logan Wilde

5     
Senate Sponsor: Kirk A. Cullimore

6     

7     LONG TITLE
8     General Description:
9          This bill enacts authority for certain counties and cities to appoint constables.
10     Highlighted Provisions:
11          This bill:
12          ▸     enacts authority and provides a process for counties of the third through sixth class
13     and cities of the third through sixth class to appoint constables;
14          ▸     amends the term of constables;
15          ▸     allows certain currently serving constables to complete the current term under the
16     amended term limit; and
17          ▸     makes technical and conforming changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          17-25a-1, as last amended by Laws of Utah 1993, Chapters 38 and 234
25          17-25a-3, as last amended by Laws of Utah 2012, Chapter 48
26     

27     Be it enacted by the Legislature of the state of Utah:
28          Section 1. Section 17-25a-1 is amended to read:
29          17-25a-1. Constables -- Nomination -- Appointment -- Authority.
30          (1) (a) (i) The legislative governing bodies of counties and cities [of the first or second
31     class] shall determine whether to appoint constables.
32          (ii) If a county or city [of the first or second class] decides to appoint constables, [they]
33     the county or city shall [be nominated and appointed under] nominate and appoint constables in
34     accordance with this chapter.
35          (b) (i) [However] Notwithstanding Subsection (1)(a), a constable holding office on
36     [April 23, 1990] July 1, 2019, may complete [his] the constable's term.
37          (ii) [Any] A constable shall serve any subsequent terms [he] the constable may serve
38     [shall be] in accordance with this chapter.
39          (2) To nominate a constable, the legislative body of a county of the first or second class
40     or the legislative body of a city of the first or second class shall establish a nominating
41     commission.
42          (a) The county nominating commission shall consist of:
43          (i) one member of the county legislative governing body[,] or the member's designee;
44          (ii) one judge[,] or the judge's designee;
45          (iii) the county attorney[,] or the county attorney's designee;
46          (iv) the district attorney[,] or the district attorney's designee;
47          (v) the sheriff of the county[, or their designees,] or the sheriff's designee; and
48          (vi) one private citizen.
49          (b) The city nominating commission shall consist of:
50          (i) one member of the city legislative governing body[,];
51          (ii) one judge[,];
52          (iii) the city attorney[,];
53          (iv) the chief of police[, or their designees,]; and
54          (v) one private citizen.
55          (c) The nominating commission described in this Subsection (2) shall review each
56     applicant's credentials and, by majority vote, recommend to the legislative governing body of
57     the county or city the nominees [it] the nominating commission finds most qualified [by
58     majority vote].
59          [(3)] (d) The county or city legislative governing body shall either appoint or reject any
60     nominee that the nominating commission recommends under Subsection (2)(c).
61          (3) The legislative body of a county of the third, fourth, fifth, or sixth class or the
62     legislative body of a city of the third, fourth, or fifth class may appoint a constable on a
63     recommendation from:
64          (a) the county sheriff and the county attorney; or
65          (b) the chief of police.
66          (4) [The] A county or city legislative governing body that appoints a constable under
67     this section may withdraw the authority of [a] the constable [may be withdrawn by the county
68     or city legislative governing body] for cause, including if the constable's peace officer
69     certification is suspended or revoked under Section 53-6-211.
70          Section 2. Section 17-25a-3 is amended to read:
71          17-25a-3. County and city constables -- Terms -- Authority -- Deputies.
72          (1) (a) Constables appointed by a county or city are appointed for terms of [four] six
73     years and may serve more than one term if reappointed by the appointing body.
74          (b) Notwithstanding the law in place at the time a constable was appointed, the term of
75     a constable appointed on or after July 1, 2018, expires six years after the day on which the term
76     began.
77          (2) (a) Constables serving process outside the county in which they are appointed shall
78     contact the sheriff's office or police department of the jurisdiction prior to serving executions or
79     seizing any property.
80          (b) A constable or deputy constable shall notify the agency of jurisdiction by contacting
81     the sheriff's office or police department of jurisdiction before serving a warrant of arrest.
82          (3) The appointed constable may, upon approval of the appointing county or city,
83     employ and deputize persons who are certified as special function peace officers to function as
84     deputy constables.
85          (4) If the county or city appointing body withdraws the authority of a constable, the
86     authority of all deputy constables is also withdrawn.
87          (5) If the authority of a constable or deputy constable is withdrawn, notification of the
88     Peace Officer Standards and Training Division of the Department of Public Safety shall be
89     made pursuant to Section 53-6-209.