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7 LONG TITLE
8 General Description:
9 This bill enacts provisions related to certain internal investigations by government
10 entities.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms; and
14 ▸ requires certain government entities to use an independent law enforcement agency
15 or prosecutorial agency to conduct certain internal investigations of criminal
16 misconduct.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 ENACTS:
23 63G-27-101, Utah Code Annotated 1953
24 63G-27-102, Utah Code Annotated 1953
25 63G-27-103, Utah Code Annotated 1953
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27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 63G-27-101 is enacted to read:
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30 63G-27-101. Title.
31 This chapter is known as "Investigation Requirements."
32 Section 2. Section 63G-27-102 is enacted to read:
33 63G-27-102. Definitions.
34 As used in this chapter:
35 (1) "Investigatory agency" means:
36 (a) a law enforcement agency;
37 (b) a local education agency;
38 (c) a prosecutorial agency; or
39 (d) a state institution of higher education, as defined in Section 53B-3-102.
40 (2) "Law enforcement agency" means the same as that term is defined in Section
41 53-1-102.
42 (3) "Local education agency" means a school district or a charter school.
43 (4) "Prosecutorial agency" means:
44 (a) the Office of the Attorney General; or
45 (b) when acing as a public prosecutor, a city, county, or district attorney.
46 Section 3. Section 63G-27-103 is enacted to read:
47 63G-27-103. Internal investigations.
48 (1) An investigatory agency may not investigate a criminal allegation against a member
49 or employee of:
50 (a) the same investigatory agency; or
51 (b) an entity that oversees the investigatory agency.
52 (2) If a criminal allegation described in Subsection (1) arises, the investigatory agency
53 shall request an independent law enforcement agency or an independent prosecutorial agency
54 investigate the allegation.