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7 LONG TITLE
8 General Description:
9 This bill amends the liability provisions for dog bites relating to law enforcement
10 activities and requires the annual certification of law enforcement canines and handlers.
11 Highlighted Provisions:
12 This bill:
13 ▸ amends the liability provision for dog bites relating to law enforcement activities to
14 require certification of dogs and handlers, a written policy on the use of dogs, and
15 compliance with the policy; and
16 ▸ enacts the Law Enforcement Canine Team Certification Act, to require certification
17 and training of dogs and handlers.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 18-1-1, as last amended by Laws of Utah 2019, Chapter 92
25 ENACTS:
26 53-6-401, Utah Code Annotated 1953
27 53-6-402, Utah Code Annotated 1953
28 53-6-403, Utah Code Annotated 1953
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30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 18-1-1 is amended to read:
32 18-1-1. Liability and damages for dog injury -- Dogs used in law enforcement.
33 (1) (a) Except as provided in Subsection (2), a person who owns or keeps a dog is
34 liable for an injury caused by the dog, regardless of whether:
35 (i) the dog is vicious or mischievous; or
36 (ii) the owner knows the dog is vicious or mischievous.
37 (b) Damages for an injury described in Subsection (1)(a) shall be determined in
38 accordance with Section 78B-5-818.
39 (2) Neither the state nor any county, city, metro township, or town in the state nor any
40 peace officer employed by the state, a county, a city, a metro township, or a town shall be liable
41 in damages for an injury caused by a dog, if:
42 (a) the dog [
43 assist in law enforcement[
44 Chapter 6, Part 4, Law Enforcement Canine Team Certification Act;
45 (b) the governmental agency has adopted a written policy on the necessary and
46 appropriate use of dogs in official law enforcement duties;
47 (c) the actions of the dog's handler do not violate the agency's written policy; and
48 [
49 apprehension, arrest, or location of a suspected offender or in maintaining or controlling the
50 public order.
51 Section 2. Section 53-6-401 is enacted to read:
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53 53-6-401. Definitions.
54 As used in this part:
55 (1) "Council" means the Peace Officer Standards and Training Council created in
56 Section 53-6-106.
57 (2) "Qualifying canine certifying entity" means an entity that certifies law enforcement
58 canines and law enforcement canine handlers in accordance with the standards developed under
59 Section 53-6-403.
60 Section 3. Section 53-6-402 is enacted to read:
61 53-6-402. Law enforcement canine and handler certification.
62 (1) Each law enforcement canine in the state shall be initially certified and annually
63 recertified by a qualifying canine certifying entity.
64 (2) Each law enforcement canine handler in the state shall be initially certified and
65 annually recertified by a qualifying canine certifying entity.
66 Section 4. Section 53-6-403 is enacted to read:
67 53-6-403. Canine and handler certification standards and criteria--Rules.
68 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
69 council shall establish and maintain required standards for the training, certification, and
70 recertification of:
71 (1) law enforcement canines; and
72 (2) law enforcement canine handlers.