1     
LAW ENFORCEMENT AGENCY CERTIFICATION

2     
AMENDMENTS

3     
2020 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Lee B. Perry

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Senate Sponsor: Karen Mayne

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8     LONG TITLE
9     General Description:
10          This bill adds officers from the United States Department of Veterans Affairs to the list
11     of federal officers with state law enforcement authority.
12     Highlighted Provisions:
13          This bill:
14          ▸     adds the United States Department of Veterans Affairs and its officers to the list of
15     federal officers with state law enforcement authority.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          53-13-106, as last amended by Laws of Utah 2014, Chapter 228 and last amended by
23     Coordination Clause, Laws of Utah 2014, Chapter 228
24          53-13-106.1, as enacted by Laws of Utah 2014, Chapter 317
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 53-13-106 is amended to read:

28          53-13-106. Federal officers -- State law enforcement authority.
29          (1) (a) "Federal agency" means:
30          (i) the United States Bureau of Land Management;
31          (ii) the United States Forest Service;
32          (iii) the National Park Service;
33          (iv) the United States Fish and Wildlife Service;
34          (v) the United States Bureau of Reclamation;
35          (vi) the United States Environmental Protection Agency; [and]
36          (vii) the United States Army Corps of Engineers; and
37          (viii) the Department of Veterans Affairs.
38          (b) "Federal employee" means an employee of a federal agency.
39          (c) "Federal officer" includes:
40          (i) a special agent of the Federal Bureau of Investigation;
41          (ii) a special agent of the United States Secret Service;
42          (iii) a special agent of the United States Department of Homeland Security, excluding a
43     customs inspector or detention removal officer;
44          (iv) a special agent of the Bureau of Alcohol, Tobacco and Firearms;
45          (v) a special agent of the Drug Enforcement Administration;
46          (vi) a United States marshal, deputy marshal, and special deputy United States marshal;
47     [and]
48          (vii) a U.S. postal inspector of the United States Postal Inspection Service; and
49          (viii) a police officer of the Department of Veterans Affairs.
50          (d) (i) Federal officers listed in Subsection (1)(c) have statewide law enforcement
51     authority relating to felony offenses under the laws of this state. This Subsection (1)(d)(i) takes
52     precedence over Subsection (2).
53          (ii) Federal agencies and federal employees may exercise law enforcement authority
54     related to misdemeanor and felony offenses under Utah law only as established by an
55     agreement as provided in Subsection (1)(d)(iii) and as provided in Section 53-13-106.9 or
56     pursuant to Section 53-13-106.7. This Subsection (1)(d)(ii) takes precedence over Subsection
57     (2).
58          (iii) Consistent with Section 53-13-106.9, county sheriffs may enter into agreements

59     with federal agencies that allow concurrent authority to enforce federal laws and state and local
60     laws, provided that:
61          (A) the agreement is limited to a term of not more than two years; and
62          (B) the officers granted authority under the agreement have completed a 20-hour
63     training course that is focused on Utah criminal law and procedure and that is approved by the
64     director of the Peace Officer Standards and Training Division.
65          (e) The council may designate other federal peace officers, as necessary, if the officers:
66          (i) are persons employed full-time by the United States government as federally
67     recognized law enforcement officers primarily responsible for the investigation and
68     enforcement of the federal laws;
69          (ii) have successfully completed formal law enforcement training offered by an agency
70     of the federal government consisting of not less than 400 hours; and
71          (iii) maintain in-service training in accordance with the standards set forth in Section
72     53-13-103.
73          (2) Except as otherwise provided under Title 63L, Chapter 1, Federal Jurisdiction, and
74     Title 77, Chapter 9, Uniform Act on Fresh Pursuit, a federal officer may exercise state law
75     enforcement authority only if:
76          (a) the state law enforcement agencies and county sheriffs with jurisdiction enter into
77     an agreement with the federal agency to be given authority; and
78          (b) except as provided in Subsection (3), each federal officer employed by the federal
79     agency meets the waiver requirements set forth in Section 53-6-206.
80          (3) A federal officer working as such in the state on or before July 1, 1995, may
81     exercise state law enforcement authority without meeting the waiver requirement.
82          (4) At any time, consistent with any contract with a federal agency, a state or local law
83     enforcement authority may withdraw state law enforcement authority from any individual
84     federal officer by sending written notice to the federal agency and to the division.
85          (5) The authority of a federal officer under this section is limited to the jurisdiction of
86     the authorizing state or local agency, and may be further limited by the state or local agency to
87     enforcing specific statutes, codes, or ordinances.
88          Section 2. Section 53-13-106.1 is amended to read:
89          53-13-106.1. State and local law enforcement officers and federal employees --

90     Definitions.
91          As used in this section and in Sections 53-13-106.2 through 53-13-106.10:
92          (1) "Exercise law enforcement authority" and "exercise of law enforcement authority"
93     means:
94          (a) to take any action on private land, state-owned land, or federally managed land, to
95     investigate, stop, serve process, search, arrest, cite, book, or incarcerate a person for a federal,
96     state, or local criminal violation when the action is based on:
97          (i) a federal statute, regulation, or rule;
98          (ii) a state or local statute, ordinance, regulation, or rule; or
99          (iii) a state or local statute, ordinance, regulation, or rule that is being enforced by a
100     federal agency pursuant to the Assimilative Crimes Act, 18 U.S.C. Sec. 13; or
101          (b) to gain access to or use the correctional or communication facilities and equipment
102     of any state or local law enforcement agency.
103          (2) "Federal agency" means a federal agency that manages federally managed land or
104     regulates activities on that land, including:
105          (a) the United States Bureau of Land Management;
106          (b) the United States Forest Service;
107          (c) the National Park Service;
108          (d) the United States Fish and Wildlife Service;
109          (e) the United States Bureau of Reclamation;
110          (f) the United States Environmental Protection Agency; [and]
111          (g) the United States Army Corps of Engineers; and
112          (h) the Department of Veterans Affairs.
113          (3) "Federal employee" means an employee or other agent of a federal agency, but does
114     not include:
115          (a) a special agent of the Federal Bureau of Investigation;
116          (b) a special agent of the United States Secret Service;
117          (c) a special agent of the United States Department of Homeland Security, unless the
118     employee is a customs inspector or detention removal officer;
119          (d) a special agent of the Bureau of Alcohol, Tobacco, Firearms, and Explosives;
120          (e) a special agent of the United States Drug Enforcement Administration;

121          (f) a United States marshal, deputy marshal, or special deputy United States marshal;
122     [or]
123          (g) a United States postal inspector of the United States Postal Inspection Service; or
124          (h) a police officer of the Department of Veterans Affairs.
125          (4) "Federally managed land" means land managed by the following federal agencies:
126          (a) the United States Bureau of Land Management;
127          (b) the United States Forest Service;
128          (c) the National Park Service;
129          (d) the United States Fish and Wildlife Service; [and]
130          (e) the United States Bureau of Reclamation; and
131          (f) the Department of Veterans Affairs.
132          (5) "Proprietary jurisdiction federally managed land" means all federally managed land
133     as defined in this section except:
134          (a) buildings, installations, and other structures under the exclusive jurisdiction of the
135     Congress of the United States pursuant to the United States Constitution, Article I, Section 8,
136     Clause 17; and
137          (b) parcels that constitute federal enclaves subject to the concurrent jurisdiction of the
138     United States and the state of Utah.