This document includes House Floor Amendments incorporated into the bill on Wed, Feb 17, 2021 at 12:19 PM by lfindlay.
Senator Karen Mayne proposes the following substitute bill:


1     
PEACE OFFICER TRAINING QUALIFICATIONS

2     
AMENDMENTS

3     
2021 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Karen Mayne

6     
House Sponsor: Paul Ray

7     

8     LONG TITLE
9     General Description:
10          This bill permits some lawful permanent residents to apply to become peace officers or
11     dispatchers.
12     Highlighted Provisions:
13          This bill:
14          ▸     permits lawful permanent residents who meet certain requirements to apply to
15     become peace officers or dispatchers.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          53-6-203, as last amended by Laws of Utah 2019, Chapter 90
23          53-6-302, as last amended by Laws of Utah 2011, Chapter 258
24          63I-1-253, as last amended by Laws of Utah 2020, Chapters 154, 174, 214, 234, 242,
25     269, 335, and 354
26     

27     Be it enacted by the Legislature of the state of Utah:
28          Section 1. Section 53-6-203 is amended to read:
29          53-6-203. Applicants for admission to training programs or for certification
30     examination -- Requirements.
31          (1) Before being accepted for admission to the training programs conducted by a
32     certified academy, and before being allowed to take a certification examination, each applicant
33     for admission or certification examination shall meet the following requirements:
34          [(a) be a United States citizen;]
35          (a) be either:
36          (i) a United States citizen; or
37          (ii) a lawful Ĥ→ [permanent] ←Ĥ resident of the United States who:
38          (A) has been in the United States legally for at least five years; and
39          (B) has legal authorization to work in the United States;
40          (b) be at least:
41          (i) 21 years [of age] old at the time of certification as a special function officer; or
42          (ii) as of July 1, 2019, 19 years [of age] old at the time of certification as a correctional
43     officer;
44          (c) be a high school graduate or furnish evidence of successful completion of an
45     examination indicating an equivalent achievement;
46          (d) have not been convicted of a crime for which the applicant could have been
47     punished by imprisonment in a federal penitentiary or by imprisonment in the penitentiary of
48     this or another state;
49          (e) have demonstrated good moral character, as determined by a background
50     investigation; [and]
51          (f) be free of any physical, emotional, or mental condition that might adversely affect
52     the performance of the applicant's duties as a peace officer[.]; and
53          (g) meet all other standards required by POST.
54          (2) (a) An application for admission to a training program shall be accompanied by a
55     criminal history background check of local, state, and national criminal history files and a
56     background investigation.
57          (b) The costs of the background check and investigation shall be borne by the applicant
58     or the applicant's employing agency.
59          (3) (a) Notwithstanding any expungement statute or rule of any other jurisdiction, any
60     conviction obtained in this state or other jurisdiction, including a conviction that has been
61     expunged, dismissed, or treated in a similar manner to either of these procedures, may be
62     considered for purposes of this section.
63          (b) This provision applies to convictions entered both before and after the effective
64     date of this section.
65          (4) Any background check or background investigation performed pursuant to the
66     requirements of this section shall be to determine eligibility for admission to training programs
67     or qualification for certification examinations and may not be used as a replacement for any
68     background investigations that may be required of an employing agency.
69          (5) An applicant shall be considered to be of good moral character under Subsection
70     (1)(e) if the applicant has not engaged in conduct that would be a violation of Subsection
71     53-6-211(1).
72          (6) An applicant seeking certification as a law enforcement officer, as defined in
73     Section 53-13-103, shall be qualified to possess a firearm under state and federal law.
74          Section 2. Section 53-6-302 is amended to read:
75          53-6-302. Applicants for certification examination -- Requirements.
76          (1) Before being allowed to take a dispatcher certification examination, each applicant
77     shall meet the following requirements:
78          [(a) be a United States citizen;]
79          (a) be either:
80          (i) a United States citizen; or
81          (ii) a lawful Ĥ→ [permanent] ←Ĥ resident of the United States who:
82          (A) has been in the United States legally for at least five years; and
83          (B) has legal authorization to work in the United States;
84          (b) be 18 years [of age] old or older at the time of employment as a dispatcher;
85          (c) be a high school graduate or have a G.E.D. equivalent;
86          (d) have not been convicted of a crime for which the applicant could have been
87     punished by imprisonment in a federal penitentiary or by imprisonment in the penitentiary of
88     this or another state;
89          (e) have demonstrated good moral character, as determined by a background
90     investigation; [and]
91          (f) be free of any physical, emotional, or mental condition that might adversely affect
92     the performance of the applicant's duty as a dispatcher[.]; and
93          (g) meet all other standards required by POST.
94          (2) (a) An application for certification shall be accompanied by a criminal history
95     background check of local, state, and national criminal history files and a background
96     investigation.
97          (b) The costs of the background check and investigation shall be borne by the applicant
98     or the applicant's employing agency.
99          (3) (a) Notwithstanding Title 77, Chapter 40, Utah Expungement Act, regarding
100     expungements, or a similar statute or rule of any other jurisdiction, any conviction obtained in
101     this state or other jurisdiction, including a conviction that has been expunged, dismissed, or
102     treated in a similar manner to either of these procedures, may be considered for purposes of this
103     section.
104          (b) Subsection (3)(a) applies to convictions entered both before and after May 1, 1995.
105          (4) Any background check or background investigation performed pursuant to the
106     requirements of this section shall be to determine eligibility for admission to training programs
107     or qualification for certification examinations and may not be used as a replacement for any
108     background investigations that may be required of an employing agency.
109          (5) An applicant is considered to be of good moral character under Subsection (1)(e) if
110     the applicant has not engaged in conduct that would be a violation of Subsection 53-6-309(1).
111          Section 3. Section 63I-1-253 is amended to read:
112          63I-1-253. Repeal dates, Titles 53 through 53G.
113          (1) Section 53-2a-105, which creates the Emergency Management Administration
114     Council, is repealed July 1, 2021.
115          (2) Sections 53-2a-1103 and 53-2a-1104, which create the Search and Rescue Advisory
116     Board, are repealed July 1, 2022.
117          (3) Section 53-5-703, which creates the Concealed Firearm Review Board, is repealed
118     July 1, 2023.
119          (4) Subsection 53-6-203(1)[(b)](a)(ii), regarding being 19 years old at certification, is
120     repealed July 1, 2027.
121          (5) Subsection 53-13-104(6)(a), regarding being 19 years old at certification, is
122     repealed July 1, 2027.
123          (6) Section 53B-6-105.5, which creates the Technology Initiative Advisory Board, is
124     repealed July 1, 2024.
125          (7) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
126          (8) Section 53B-17-1203, which creates the SafeUT and School Safety Commission, is
127     repealed January 1, 2025.
128          (9) Section 53B-18-1501 is repealed July 1, 2021.
129          (10) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1, 2028.
130          (11) Title 53B, Chapter 24, Part 4, Rural Residency Training Program, is repealed July
131     1, 2025.
132          (12) Subsection 53C-3-203(4)(b)(vii), which provides for the distribution of money
133     from the Land Exchange Distribution Account to the Geological Survey for test wells and other
134     hydrologic studies in the West Desert, is repealed July 1, 2030.
135          (13) Section 53E-3-515 is repealed January 1, 2023.
136          (14) In relation to a standards review committee, on January 1, 2023:
137          (a) in Subsection 53E-4-202(8), the language "by a standards review committee and the
138     recommendations of a standards review committee established under Section 53E-4-203" is
139     repealed; and
140          (b) Section 53E-4-203 is repealed.
141          (15) Subsections 53E-3-503(5) and (6), which create coordinating councils for youth in
142     custody, are repealed July 1, 2027.
143          (16) Section 53E-4-402, which creates the State Instructional Materials Commission, is
144     repealed July 1, 2022.
145          (17) Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory Commission, is
146     repealed July 1, 2023.
147          (18) Subsection 53E-8-204(4), which creates the advisory council for the Utah Schools
148     for the Deaf and the Blind, is repealed July 1, 2021.
149          [(19) Section 53F-2-514 is repealed July 1, 2020.]
150          [(20)] (19) Section 53F-5-203 is repealed July 1, 2024.
151          [(21)] (20) Section 53F-5-212 is repealed July 1, 2024.
152          [(22)] (21) Section 53F-5-213 is repealed July 1, 2023.
153          [(23)] (22) Section 53F-5-214, in relation to a grant for professional learning, is
154     repealed July 1, 2025.
155          [(24)] (23) Section 53F-5-215, in relation to an elementary teacher preparation grant is
156     repealed July 1, 2025.
157          [(25)] (24) Subsection 53F-9-203(7), which creates the Charter School Revolving
158     Account Committee, is repealed July 1, 2024.
159          [(26)] (25) Section 53F-9-501 is repealed January 1, 2023.
160          [(27)] (26) Subsections 53G-4-608(2)(b) and (4)(b), related to the Utah Seismic Safety
161     Commission, are repealed January 1, 2025.
162          [(28)] (27) Subsection 53G-8-211(5), regarding referrals of a minor to court for a class
163     C misdemeanor, is repealed July 1, 2022.