1     
INTERNAL INVESTIGATION AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Craig Hall

5     
Senate Sponsor: ____________

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7     LONG TITLE
8     General Description:
9          This bill prohibits certain entities from investigating their own employees or members.
10     Highlighted Provisions:
11          This bill:
12          ▸     prohibits law enforcement, schools, and prosecutorial agencies from investigating
13     themselves or an entity that oversees them; and
14          ▸     requires that those agencies request that another agency investigate when a member
15     or employee is accused of a crime.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     ENACTS:
22          63G-24-101, Utah Code Annotated 1953
23          63G-24-102, Utah Code Annotated 1953
24          63G-24-103, Utah Code Annotated 1953
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 63G-24-101 is enacted to read:

28     
CHAPTER 24. INVESTIGATION REQUIREMENTS

29          63G-24-101. Title.
30          This chapter is known as "Investigation Requirements."
31          Section 2. Section 63G-24-102 is enacted to read:
32          63G-24-102. Definitions.
33          As used in this chapter:
34          (1) "Institution of higher education" includes all institutions listed in Section
35     53B-1-102.
36          (2) "Law enforcement agency" means the same as that term is defined in Section
37     53-1-102.
38          (3) "Local education agency" means a school district or charter school.
39          (4) "Prosecutorial agency" means the Office of the Attorney General and any city,
40     county, or district attorney acting as a public prosecutor.
41          Section 3. Section 63G-24-103 is enacted to read:
42          63G-24-103. Investigation requirements -- Employees and members --
43     Subordinate entities.
44          (1) A law enforcement agency, prosecutorial agency, local education agency, or
45     institution of higher education may not investigate criminal allegations against any of its
46     members, employees, or members or employees of any entity that oversees it.
47          (2) A law enforcement agency, prosecutorial agency, local education agency, or
48     institution of higher education shall request another law enforcement or prosecutorial agency
49     investigate allegations of criminal activity by a member, employee, or any members or
50     employees of an entity that oversees the law enforcement agency, prosecutorial agency, local
51     education agency, or institution of higher education.