1     
LAW ENFORCEMENT INTERNAL INVESTIGATION

2     
REQUIREMENTS

3     
2021 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Jani Iwamoto

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House Sponsor: ____________

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8     LONG TITLE
9     Committee Note:
10          The Law Enforcement and Criminal Justice Interim Committee recommended this bill.
11               Legislative Vote:     15 voting for     0 voting against     1 absent
12     General Description:
13          This bill provides direction for investigations into officer misconduct if the officer
14     leaves the department.
15     Highlighted Provisions:
16          This bill:
17          ▸     requires that an employing agency notify the Peace Officer Standards and Training
18     Division if a peace officer separates from the agency while an investigation is in
19     progress;
20          ▸     provides that if an officer separates from an agency while an investigation is in
21     progress, the agency shall notify the Peace Officer Standards and Training Division
22     of the investigation; and
23          ▸     requires that the agency investigation be turned over to the division under certain
24     circumstances.
25     Money Appropriated in this Bill:
26          None
27     Other Special Clauses:
28          None
29     Utah Code Sections Affected:
30     AMENDS:
31          53-6-209, as renumbered and amended by Laws of Utah 1993, Chapter 234
32          53-6-211, as last amended by Laws of Utah 2020, Chapter 35
33     

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 53-6-209 is amended to read:
36          53-6-209. Termination of employment -- Change of status form.
37          (1) When a peace officer's employment terminates, the employing agency shall submit
38     a change of status form noting the termination of the peace officer to the division.
39          (2) The change of status form shall:
40          (a) be completed and submitted within [seven] 30 days of the peace officer's
41     termination date;
42          (b) identify the circumstances of the peace officer's status change by indicating that the
43     peace officer has resigned, retired, terminated, transferred, deceased, or that the peace officer's
44     name has changed;
45          (c) indicate the effective date of action; and
46          (d) indicate the name of the new employer, if the status change is due to a transfer.
47          (3) If a peace officer's employment terminates during an open internal investigation
48     regarding that peace officer, the employing agency shall notify the division of the investigation
49     within 30 days of the peace officer's termination date and provide a reasonable estimated date
50     of completion for the investigation.
51          (a) If the internal investigation involves an alleged violation of internal agency policies,
52     the employing agency shall notify the division within seven days of completion of the
53     investigation that the investigation has been completed.
54          (b) If the internal investigation involves an alleged violation of Subsection
55     53-6-211(1), the employing agency shall notify the division in accordance with Subsection
56     53-6-211(6).
57          [(3)] (4) Any person or agency who intentionally falsifies, misrepresents, or fails to
58     give notice of the change of status of a peace officer is liable to the division for any damages
59     that may be sustained by the failure to make the notification.
60          Section 2. Section 53-6-211 is amended to read:
61          53-6-211. Suspension or revocation of certification -- Right to a hearing --
62     Grounds -- Notice to employer -- Reporting -- Judicial appeal.
63          (1) The council has the authority to issue a Letter of Caution, or suspend or revoke the
64     certification of a peace officer, if the peace officer:
65          (a) willfully falsifies any information to obtain certification;
66          (b) has any physical or mental disability affecting the peace officer's ability to perform
67     duties;
68          [(c) is addicted to alcohol or any controlled substance, unless the peace officer reports
69     the addiction to the employer and to the director as part of a departmental early intervention
70     process;]
71          [(d)] (c) engages in conduct constituting a state or federal criminal offense, but not
72     including a traffic offense that is a class C misdemeanor or infraction;
73          [(e)] (d) refuses to respond, or fails to respond truthfully, to questions after having been
74     issued a warning issued based on Garrity v. New Jersey, 385 U.S. 493 (1967);
75          [(f)] (e) engages in sexual conduct while on duty; or
76          [(g)] (f) is certified as a law enforcement peace officer, as defined in Section
77     53-13-102, and is unable to possess a firearm under state or federal law.
78          (2) The council may not issue a Letter of Caution, or suspend or revoke the
79     certification of a peace officer for a violation of a law enforcement agency's policies, general
80     orders, or guidelines of operation that do not amount to a cause of action under Subsection (1).
81          (3) (a) The division is responsible for investigating officers who are alleged to have
82     engaged in conduct in violation of Subsection (1).
83          (b) The division shall initiate all adjudicative proceedings under this section by
84     providing to the peace officer involved notice and an opportunity for a hearing before an
85     administrative law judge.
86          (c) All adjudicative proceedings under this section are civil actions, notwithstanding
87     whether the issue in the adjudicative proceeding is a violation of statute that may be prosecuted
88     criminally.
89          (d) (i) The burden of proof on the division in an adjudicative proceeding under this
90     section is by clear and convincing evidence.
91          (ii) If a peace officer asserts an affirmative defense, the peace officer has the burden of
92     proof to establish the affirmative defense by a preponderance of the evidence.
93          (e) If the administrative law judge issues findings of fact and conclusions of law stating
94     there is sufficient evidence to demonstrate that the officer engaged in conduct that is in
95     violation of Subsection (1), the division shall present the finding and conclusions issued by the
96     administrative law judge to the council.
97          (f) The division shall notify the chief, sheriff, or administrative officer of the police
98     agency which employs the involved peace officer of the investigation and shall provide any
99     information or comments concerning the peace officer received from that agency regarding the
100     peace officer to the council before a Letter of Caution is issued, or a peace officer's certification
101     may be suspended or revoked.
102          (g) If the administrative law judge finds that there is insufficient evidence to
103     demonstrate that the officer is in violation of Subsection (1), the administrative law judge shall
104     dismiss the adjudicative proceeding.
105          (4) (a) The council shall:
106          (i) accept the administrative law judge's findings of fact and conclusions of law, and
107     the information concerning the peace officer provided by the officer's employing agency; and
108          (ii) choose whether to issue a Letter of Caution, or suspend or revoke the officer's
109     certification.
110          (b) Before making a decision, the council may consider aggravating and mitigating
111     circumstances.
112          (c) A member of the council shall recuse him or herself from consideration of an issue
113     that is before the council if the council member:
114          (i) has a personal bias for or against the officer;
115          (ii) has a substantial pecuniary interest in the outcome of the proceeding and may gain
116     or lose some benefit from the outcome; or
117          (iii) employs, supervises, or works for the same law enforcement agency as the officer
118     whose case is before the council.
119          (5) (a) Termination of a peace officer, whether voluntary or involuntary, does not
120     preclude suspension or revocation of a peace officer's certification by the council if the peace
121     officer was terminated for any of the reasons under Subsection (1).
122          (b) Employment by another agency, or reinstatement of a peace officer by the original
123     employing agency after termination by that agency, whether the termination was voluntary or
124     involuntary, does not preclude suspension or revocation of a peace officer's certification by the
125     council if the peace officer was terminated for any of the reasons under Subsection (1).
126          (6) (a) A chief, sheriff, or administrative officer of a law enforcement agency who is
127     made aware of an allegation against a peace officer employed by that agency that involves
128     conduct in violation of Subsection (1) shall investigate the allegation and report the allegation
129     to the division [if the allegation is found to be true] upon completion of the investigation,
130     unless Subsection (b) applies.
131          (b) If a peace officer who is the subject of an internal or administrative investigation
132     into allegations that include any of the conditions or circumstances outlined in Subsection (1)
133     resigns, retires, or otherwise separates from the investigating law enforcement agency before
134     the conclusion of the investigation, the chief, sheriff, or administrative officer of that law
135     enforcement agency shall report the allegations and [any] provide all investigation [results]
136     files on the allegations to the division within 30 days of the peace officer's termination date.
137          (7) The council's issuance of a Letter of Caution, or suspension or revocation of an
138     officer's certification under Subsection (4) may be appealed under Title 63G, Chapter 4, Part 4,
139     Judicial Review.