This document includes House Committee Amendments incorporated into the bill on Mon, Mar 1, 2021 at 10:40 AM by pflowers.
This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Fri, Mar 5, 2021 at 8:44 PM by lpoole.
Representative Kera Birkeland proposes the following substitute bill:


1     
USE OF FORCE REVISIONS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Kera Birkeland

5     
Senate Sponsor: Derek L. Kitchen

6     

7     LONG TITLE
8     General Description:
9          This bill addresses the use of force by peace officers.
10     Highlighted Provisions:
11          This bill:
12          ▸     sets a timeline for completion of investigations into an officer's use of force;
13          ▸     requires that certain information be posted online; and
14          ▸     makes technical corrections.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          76-2-404, as last amended by Laws of Utah 2015, Chapter 47
22          76-2-408, as last amended by Laws of Utah 2019, Chapter 395
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 76-2-404 is amended to read:
26          76-2-404. Peace officer's use of deadly force.
27          (1) A peace officer, or any [person] individual acting by the officer's command in
28     providing aid and assistance, is justified in using deadly force when:
29          (a) the officer is acting in obedience to and in accordance with the judgment of a
30     competent court in executing a penalty of death under Subsection 77-18-5.5(2), (3), or (4);
31          (b) effecting an arrest or preventing an escape from custody following an arrest, where
32     the officer reasonably believes that deadly force is necessary to prevent the arrest from being
33     defeated by escape; and
34          (i) the officer has probable cause to believe that the suspect has committed a felony
35     offense involving the infliction Ĥ→ [[] or threatened infliction []] ←Ĥ of death Ĥ→ [[] or
35a     serious bodily injury []] ←Ĥ ; or
36          (ii) the officer has probable cause to believe the suspect poses a threat of death or
37     serious bodily injury to the officer or to [others] an individual other than the suspect if
38     apprehension is delayed; or
39          (c) the officer reasonably believes that the use of deadly force is necessary to prevent
40     death or serious bodily injury to the officer or [another person] an individual other than the
41     suspect.
42          (2) If feasible, [a verbal warning should be given by the officer] prior to any use of
43     deadly force [under Subsection (1)(b) or (1)(c).], a peace officer should identify himself or
44     herself as a peace officer and give a clear oral warning of his or her intent to use a firearm or
45     other physical force.
46          Section 2. Section 76-2-408 is amended to read:
47          76-2-408. Peace officer use of force -- Investigations.
48          (1) As used in this section:
49          (a) "Dangerous weapon" means a firearm or an object that in the manner of its use or
50     intended use is capable of causing death or serious bodily injury to [a person] an individual.
51          (b) "Deadly force" means a force that creates or is likely to create, or that the [person]
52     individual using the force intends to create, a substantial likelihood of death or serious bodily
53     injury to [a person] an individual.
54          (c) "In custody" means in the legal custody of a state prison, county jail, or other
55     correctional facility, including custody that results from:
56          (i) a detention to secure attendance as a witness in a criminal case;
57          (ii) an arrest for or charging with a crime and committing for trial;
58          (iii) committing for contempt, upon civil process, or by other authority of law; or
59          (iv) sentencing to imprisonment on conviction of a crime.
60          (d) "Investigating agency" means a law enforcement agency, the county or district
61     attorney's office, or an interagency task force composed of officers from multiple law
62     enforcement agencies.
63          (e) "Officer" means the same as the term "law enforcement officer" as that term is
64     defined in Section 53-13-103.
65          (f) "Officer-involved critical incident" means any of the following:
66          (i) an officer's use of deadly force;
67          (ii) an officer's use of a dangerous weapon against [a person] an individual that causes
68     injury to any [person] individual;
69          (iii) death or serious bodily injury to any [person] individual, other than the officer,
70     resulting from an officer's:
71          (A) use of a motor vehicle while the officer is on duty; or
72          (B) use of a government vehicle while the officer is off duty;
73          (iv) the death of [a person] an individual who is in custody, but excluding a death that
74     is the result of disease, natural causes, or conditions that have been medically diagnosed prior
75     to the [person's] individual's death; or
76          (v) the death of or serious bodily injury to [a person] an individual not in custody, other
77     than an officer, resulting from an officer's attempt to prevent [a person's] an individual's escape
78     from custody, to make an arrest, or otherwise to gain physical control of [a person] an
79     individual.
80          (g) "Serious bodily injury" means the same as that term is defined in Section 76-1-601.
81          (2) When an officer-involved critical incident occurs:
82          (a) upon receiving notice of the officer-involved critical incident, the law enforcement
83     agency having jurisdiction where the incident occurred shall, as soon as practical, notify the
84     county or district attorney having jurisdiction where the incident occurred; and
85          (b) the chief executive of the law enforcement agency and the county or district
86     attorney having jurisdiction where the incident occurred shall:
87          (i) jointly designate an investigating agency for the officer-involved critical incident;
88     and
89          (ii) designate which agency is the lead investigative agency if the officer-involved
90     critical incident involves multiple investigations.
91          (3) The investigating agency under Subsection (2) may not be the law enforcement
92     agency employing the officer who is alleged to have caused or contributed to the
93     officer-involved critical incident.
94          (4) This section does not preclude the law enforcement agency employing an officer
95     alleged to have caused or contributed to the officer-involved critical incident from conducting
96     an internal administrative investigation.
97          (5) Each law enforcement agency that is part of or administered by the state or any of
98     its political subdivisions shall[, by December 31, 2015,] adopt and post on its publicly
99     accessible website:
100          (a) the policies and procedures the agency has adopted to select the investigating
101     agency if an officer-involved critical incident occurs in its jurisdiction and one of its officers is
102     alleged to have caused or contributed to the officer-involved incident; and
103          (b) the protocols the agency has adopted to ensure that any investigation of
104     officer-involved incidents occurring in its jurisdiction are conducted professionally,
105     thoroughly, and impartially.
106          (6) Once a criminal investigation is turned over from law enforcement, all
107     investigations into an officer's use of force shall be completed within Ŝ→ [120] 180 ←Ŝ days Ŝ→
107a      of the incident occurring ←Ŝ Ĥ→ [of the incident
108     occurring] ←Ĥ . If an investigation is not completed within Ŝ→ [120] 180 ←Ŝ days, the county or
108a     district attorney
109     shall post a public statement on the county or district attorney's website stating a reasonable
110     estimate when the investigation will be complete and the reason for the delay.
111          (7) Ŝ→ [All] Subject to the requirements of Title 63G, Chapter 2, Government Records
111a     Access and Management Act, ←Ŝ investigative reports and any resulting findings or analyses shall
111b     be published
112     on the county or district attorney's website within five business days of completion.