1     
COMMUNITY AND POLICE RELATIONS COMMISSION

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Mark A. Wheatley

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill creates the Community and Police Relations Commission.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     creates the Community and Police Relations Commission;
14          ▸     provides for the appointment of members of the commission;
15          ▸     establishes procedures for the commission;
16          ▸     requires the commission to:
17               •     establish best practices and procedures for police conduct and practices,
18     improved relations between police and the community, data collection, public
19     access, and addressing systemic issues of inequality and racial disparities;
20               •     provide a forum for citizens to voice concerns and comments about police
21     conduct, practices, and policies; and
22               •     develop suggested guidelines for municipalities and law enforcement agencies,
23     state-wide policy changes, and proposed legislation;
24          ▸     requires the commission to provide a report to the governor and the Law
25     Enforcement and Criminal Justice Interim Committee; and
26          ▸     provides a sunset date for the commission.
27     Money Appropriated in this Bill:
28          None
29     Other Special Clauses:
30          None
31     Utah Code Sections Affected:
32     AMENDS:
33          63I-1-253, as last amended by Laws of Utah 2020, Chapters 154, 174, 214, 234, 242,
34     269, 335, and 354
35     ENACTS:
36          53-6a-101, Utah Code Annotated 1953
37          53-6a-102, Utah Code Annotated 1953
38          53-6a-103, Utah Code Annotated 1953
39          53-6a-104, Utah Code Annotated 1953
40     

41     Be it enacted by the Legislature of the state of Utah:
42          Section 1. Section 53-6a-101 is enacted to read:
43     
CHAPTER 6a. COMMUNITY AND POLICE RELATIONS COMMISSION

44          53-6a-101. Title.
45          This chapter is known as the "Community and Police Relations Commission."
46          Section 2. Section 53-6a-102 is enacted to read:
47          53-6a-102. Definitions.
48          As used in this chapter, "commission" means the Community and Police Relations
49     Commission created in Section 53-6a-103.
50          Section 3. Section 53-6a-103 is enacted to read:
51          53-6a-103. Creation of Community and Police Relations Commission -- Purpose --
52     Membership -- Quorum -- Meetings -- Compensation.
53          (1) There is created the Community and Police Relations Commission.
54          (2) The commission comprises the following members:
55          (a) the commissioner or the commissioner's designee;
56          (b) the director of the Utah Commission on Criminal and Juvenile Justice or the
57     director's designee;
58          (c) the director of the Utah Division of Multicultural Affairs or the director's designee;
59          (d) five members nominated by community, minority, or civil rights organizations and
60     appointed by the director of the Utah Division of Multicultural Affairs;
61          (e) two members of the House of Representatives, appointed by the speaker of the
62     House of Representatives, no more than one of whom may be from the same political party;
63          (f) two members of the Senate, appointed by the president of the Senate, no more than
64     one of whom may be from the same political party;
65          (g) the executive director of the Chiefs of Police Association or the executive director's
66     designee;
67          (h) the president of the Utah Sheriffs Association or the president's designee;
68          (i) one representative of the substance abuse or mental health community, appointed by
69     the executive director of the Department of Human Services;
70          (j) one representative of the faith community, appointed by the chair;
71          (k) one representative of the refugee community, appointed by the director of the Utah
72     Division of Multicultural Affairs;
73          (l) the director of the Utah Division of Indian Affairs or the director's designee;
74          (m) the president of the Utah Statewide Association of Prosecutors and Public
75     Attorneys or the president's designee;
76          (n) the president of the Utah Association of Criminal Defense Lawyers or the
77     president's designee; and
78          (o) one member who represents the Office of the Attorney General, appointed by the
79     attorney general.
80          (3) (a) Members of the commission shall be appointed to two-year terms.
81          (b) A member may be appointed for additional terms.
82          (c) When a vacancy occurs in the membership of the commission, the replacement
83     shall be appointed for the unexpired term.
84          (4) A member of the commission ceases to be a member:
85          (a) immediately upon the termination of the member's holding the office, membership,
86     or employment that was the basis for eligibility to membership on the board; or
87          (b) upon two unexcused absences in one year from regularly scheduled commission
88     meetings.
89          (5) (a) The commissioner or the commissioner's designee shall serve as chair of the
90     commission.
91          (b) The chair shall set the agenda for commission meetings.
92          (6) Attendance of a majority of the members constitutes a quorum for the transaction of
93     official commission business.
94          (7) Formal action by the commission requires a majority vote of a quorum present.
95          (8) (a) Meetings may be called by the chair and shall be called by the chair upon the
96     written request of six members.
97          (b) Meetings shall be held at the times and places determined by the commission.
98          (9) The commission shall meet at least four times per year.
99          (10) (a) Except as provided in Subsection (10)(b), a member may not receive
100     compensation, benefits, per diem, or travel expenses for the member's service.
101          (b) Compensation and expenses of a member who is a legislator are governed by
102     Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
103          (11) Membership on the commission does not disqualify any member from holding any
104     other public office or employment.
105          (12) The department shall provide staff support to the commission.
106          Section 4. Section 53-6a-104 is enacted to read:
107          53-6a-104. Commission duties -- Reports.
108          (1) The commission shall:
109          (a) research and identify best practices for:
110          (i) police conduct, practices, training, and policies;
111          (ii) improved relations between police and the community;
112          (iii) data collection and sharing;
113          (iv) public access to law enforcement information and investigations; and
114          (v) addressing systemic issues of inequality and racial disparities;
115          (b) provide a forum for citizens to voice concerns and comments about police conduct,
116     practices, and policies; and
117          (c) develop suggested guidelines for municipalities and law enforcement agencies,
118     state-wide policy changes, and proposed legislation regarding the subjects described in this
119     section.
120          (2) On or before November 30, 2022, the commission shall report on the commission's
121     progress to:
122          (a) the governor; and
123          (b) the Law Enforcement and Criminal Justice Interim Committee.
124          (3) On or before November 30, 2024, the commission shall provide a report, including
125     a summary of the commission's findings and recommendations with regard to the subjects
126     described in Subsection (1), to:
127          (a) the governor; and
128          (b) the Law Enforcement and Criminal Justice Interim Committee.
129          Section 5. Section 63I-1-253 is amended to read:
130          63I-1-253. Repeal dates, Titles 53 through 53G.
131          (1) Section 53-2a-105, which creates the Emergency Management Administration
132     Council, is repealed July 1, 2021.
133          (2) Sections 53-2a-1103 and 53-2a-1104, which create the Search and Rescue Advisory
134     Board, are repealed July 1, 2022.
135          (3) Section 53-5-703, which creates the Concealed Firearm Review Board, is repealed
136     July 1, 2023.
137          (4) Subsection 53-6-203(1)(b)(ii), regarding being 19 years old at certification, is
138     repealed July 1, 2027.
139          (5) Title 53, Chapter 6a, Community and Police Relations Commission, is repealed
140     January 1, 2025.
141          [(5)] (6) Subsection 53-13-104(6)(a), regarding being 19 years old at certification, is
142     repealed July 1, 2027.
143          [(6)] (7) Section 53B-6-105.5, which creates the Technology Initiative Advisory Board,
144     is repealed July 1, 2024.
145          [(7)] (8) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
146          [(8)] (9) Section 53B-17-1203, which creates the SafeUT and School Safety
147     Commission, is repealed January 1, 2025.
148          [(9)] (10) Section 53B-18-1501 is repealed July 1, 2021.
149          [(10)] (11) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1,
150     2028.
151          [(11)] (12) Title 53B, Chapter 24, Part 4, Rural Residency Training Program, is
152     repealed July 1, 2025.
153          [(12)] (13) Subsection 53C-3-203(4)(b)(vii), which provides for the distribution of
154     money from the Land Exchange Distribution Account to the Geological Survey for test wells
155     and other hydrologic studies in the West Desert, is repealed July 1, 2030.
156          [(13)] (14) Section 53E-3-515 is repealed January 1, 2023.
157          [(14)] (15) In relation to a standards review committee, on January 1, 2023:
158          (a) in Subsection 53E-4-202(8), the language "by a standards review committee and the
159     recommendations of a standards review committee established under Section 53E-4-203" is
160     repealed; and
161          (b) Section 53E-4-203 is repealed.
162          [(15)] (16) Subsections 53E-3-503(5) and (6), which create coordinating councils for
163     youth in custody, are repealed July 1, 2027.
164          [(16)] (17) Section 53E-4-402, which creates the State Instructional Materials
165     Commission, is repealed July 1, 2022.
166          [(17)] (18) Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory
167     Commission, is repealed July 1, 2023.
168          [(18)] (19) Subsection 53E-8-204(4), which creates the advisory council for the Utah
169     Schools for the Deaf and the Blind, is repealed July 1, 2021.
170          [(19) Section 53F-2-514 is repealed July 1, 2020.]
171          (20) Section 53F-5-203 is repealed July 1, 2024.
172          (21) Section 53F-5-212 is repealed July 1, 2024.
173          (22) Section 53F-5-213 is repealed July 1, 2023.
174          (23) Section 53F-5-214, in relation to a grant for professional learning, is repealed July
175     1, 2025.
176          (24) Section 53F-5-215, in relation to an elementary teacher preparation grant is
177     repealed July 1, 2025.
178          (25) Subsection 53F-9-203(7), which creates the Charter School Revolving Account
179     Committee, is repealed July 1, 2024.
180          (26) Section 53F-9-501 is repealed January 1, 2023.
181          (27) Subsections 53G-4-608(2)(b) and (4)(b), related to the Utah Seismic Safety
182     Commission, are repealed January 1, 2025.
183          (28) Subsection 53G-8-211(5), regarding referrals of a minor to court for a class C
184     misdemeanor, is repealed July 1, 2022.