1     
MUNICIPAL POLICE OVERSIGHT AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Mark A. Wheatley

5     
Senate Sponsor: ____________

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7     LONG TITLE
8     General Description:
9          This bill allows municipalities to create police oversight boards under certain
10     conditions.
11     Highlighted Provisions:
12          This bill:
13          ▸     allows for the municipal creation of a board with independent authority and related
14     powers over the chief of police.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          10-3-913, as last amended by Laws of Utah 2019, Chapter 472
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 10-3-913 is amended to read:
25          10-3-913. Authority of chief of police -- Oversight.
26          (1) The chief of police has the same authority as the sheriff within the boundaries of
27     the municipality of appointment. The chief has authority to:
28          (a) suppress riots, disturbances, and breaches of the peace;
29          (b) apprehend all persons violating state laws or city ordinances;
30          (c) diligently discharge his duties and enforce all ordinances of the city to preserve the
31     peace, good order, and protection of the rights and property of all persons;
32          (d) attend the municipal justice court located within the city when required, provide
33     security for the court, and obey its orders and directions; and
34          (e) create a child protection unit, as defined in Section 62A-4a-101.
35          (2) This section is not a limitation of a police chief's statewide authority as otherwise
36     provided by law.
37          (3) The chief of police shall adopt a written policy that prohibits the stopping,
38     detention, or search of any person when the action is solely motivated by considerations of
39     race, color, ethnicity, age, or gender.
40          (4) (a) [Notwithstanding Sections 10-3-918 and 10-3-919, a] A municipality may [not]
41     establish a board[, committee, or other entity] that:
42          (i) has authority independent of the chief of police; [and]
43          (ii) [(A)] has authority to overrule a hiring or appointment proposal of the chief of
44     police;
45          [(B)] (iii) is required to review or approve a police department's rules, regulations,
46     policies, or procedures in order for the rules, regulations, policies, or procedures to take effect;
47          [(C)] (iv) has authority to veto a new policy, or strike down an existing policy,
48     established under the authority of the chief of police;
49          [(D)] (v) is required to review or approve a police department's budget in order for the
50     budget to take effect; [or]
51          [(E)] (vi) has authority to review or approve a contract the police department makes
52     with a police union or other organization[.]; or
53          (vii) has any other authority or power designated by the municipality, subject to state
54     law.
55          (b) A member of a board established under Subsection (4)(a):
56          (i) shall be elected in a nonpartisan, municipal election; and
57          (ii) may not be a current or former law enforcement officer or the immediate family
58     member of a current or former law enforcement officer.
59          [(b) Nothing in this Subsection (4):]
60          [(i) limits the authority the Utah Code provides over the chief of police;]
61          [(ii) prohibits the municipal council or chief executive officer from taking a lawful
62     action described in Subsection (4)(a)(ii) that is allowed by law; or]
63          [(iii) limits the authority of a civil service commission established in accordance with
64     Title 10, Chapter 3, Part 10, Civil Service Commission.]
65          [(5) Subject to Subsection (4), a municipality may establish a board, committee, or
66     other entity that relates to the provision of law enforcement services and that has authority
67     independent of the chief of police if the municipality:]
68          [(a) directly appoints the board, committee, or other entity's members; and]
69          [(b) provides direct oversight of the board, committee, or other entity.]