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7 LONG TITLE
8 General Description:
9 This bill provides immunity for law enforcement agencies to disclose information to
10 other law enforcement agencies regarding law enforcement officers.
11 Highlighted Provisions:
12 This bill:
13 ▸ provides immunity for an employing law enforcement agency or training academy
14 providing information to a prospective employer upon request; and
15 ▸ provides immunity for information provided by authorized officers of law
16 enforcement agencies to prospective employers or training academies.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 63G-7-201, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 10
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25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 63G-7-201 is amended to read:
27 63G-7-201. Immunity of governmental entities and employees from suit.
28 (1) Except as otherwise provided in this chapter, each governmental entity and each
29 employee of a governmental entity are immune from suit for any injury that results from the
30 exercise of a governmental function.
31 (2) Notwithstanding the waiver of immunity provisions of Section 63G-7-301, a
32 governmental entity, its officers, and its employees are immune from suit:
33 (a) as provided in Section 78B-4-517; and
34 (b) for any injury or damage resulting from the implementation of or the failure to
35 implement measures to:
36 (i) control the causes of epidemic and communicable diseases and other conditions
37 significantly affecting the public health or necessary to protect the public health as set out in
38 Title 26A, Chapter 1, Local Health Departments;
39 (ii) investigate and control suspected bioterrorism and disease as set out in Title 26,
40 Chapter 23b, Detection of Public Health Emergencies Act;
41 (iii) respond to a national, state, or local emergency, a public health emergency as
42 defined in Section 26-23b-102, or a declaration by the President of the United States or other
43 federal official requesting public health related activities, including the use, provision,
44 operation, and management of:
45 (A) an emergency shelter;
46 (B) housing;
47 (C) a staging place; or
48 (D) a medical facility; and
49 (iv) adopt methods or measures, in accordance with Section 26-1-30, for health care
50 providers, public health entities, and health care insurers to coordinate among themselves to
51 verify the identity of the individuals they serve.
52 (3) A governmental entity, its officers, and its employees are immune from suit, and
53 immunity is not waived, for any injury if the injury arises out of or in connection with, or
54 results from:
55 (a) a latent dangerous or latent defective condition of:
56 (i) any highway, road, street, alley, crosswalk, sidewalk, culvert, tunnel, bridge, or
57 viaduct; or
58 (ii) another structure located on any of the items listed in Subsection (3)(a)(i); or
59 (b) a latent dangerous or latent defective condition of any public building, structure,
60 dam, reservoir, or other public improvement.
61 (4) A governmental entity, its officers, and its employees are immune from suit, and
62 immunity is not waived, for any injury proximately caused by a negligent act or omission of an
63 employee committed within the scope of employment, if the injury arises out of or in
64 connection with, or results from:
65 (a) the exercise or performance, or the failure to exercise or perform, a discretionary
66 function, whether or not the discretion is abused;
67 (b) except as provided in Subsections 63G-7-301(2)(j), (3), and (4), assault, battery,
68 false imprisonment, false arrest, malicious prosecution, intentional trespass, abuse of process,
69 libel, slander, deceit, interference with contract rights, infliction of mental anguish, or violation
70 of civil rights;
71 (c) the issuance, denial, suspension, or revocation of, or the failure or refusal to issue,
72 deny, suspend, or revoke, any permit, license, certificate, approval, order, or similar
73 authorization;
74 (d) a failure to make an inspection or making an inadequate or negligent inspection;
75 (e) the institution or prosecution of any judicial or administrative proceeding, even if
76 malicious or without probable cause;
77 (f) a misrepresentation by an employee whether or not the misrepresentation is
78 negligent or intentional;
79 (g) a riot, unlawful assembly, public demonstration, mob violence, or civil disturbance;
80 (h) the collection or assessment of taxes;
81 (i) an activity of the Utah National Guard;
82 (j) the incarceration of a person in a state prison, county or city jail, or other place of
83 legal confinement;
84 (k) a natural condition on publicly owned or controlled land;
85 (l) a condition existing in connection with an abandoned mine or mining operation;
86 (m) an activity authorized by the School and Institutional Trust Lands Administration
87 or the Division of Forestry, Fire, and State Lands;
88 (n) the operation or existence of a pedestrian or equestrian trail that is along a ditch,
89 canal, stream, or river, regardless of ownership or operation of the ditch, canal, stream, or river,
90 if:
91 (i) the trail is designated under a general plan adopted by a municipality under Section
92 10-9a-401 or by a county under Section 17-27a-401;
93 (ii) the trail right-of-way or the right-of-way where the trail is located is open to public
94 use as evidenced by a written agreement between:
95 (A) the owner or operator of the trail right-of-way or of the right-of-way where the trail
96 is located; and
97 (B) the municipality or county where the trail is located; and
98 (iii) the written agreement:
99 (A) contains a plan for operation and maintenance of the trail; and
100 (B) provides that an owner or operator of the trail right-of-way or of the right-of-way
101 where the trail is located has, at a minimum, the same level of immunity from suit as the
102 governmental entity in connection with or resulting from the use of the trail;
103 (o) research or implementation of cloud management or seeding for the clearing of fog;
104 (p) the management of flood waters, earthquakes, or natural disasters;
105 (q) the construction, repair, or operation of flood or storm systems;
106 (r) the operation of an emergency vehicle, while being driven in accordance with the
107 requirements of Section 41-6a-212;
108 (s) the activity of:
109 (i) providing emergency medical assistance;
110 (ii) fighting fire;
111 (iii) regulating, mitigating, or handling hazardous materials or hazardous wastes;
112 (iv) an emergency evacuation;
113 (v) transporting or removing an injured person to a place where emergency medical
114 assistance can be rendered or where the person can be transported by a licensed ambulance
115 service; or
116 (vi) intervening during a dam emergency;
117 (t) the exercise or performance, or the failure to exercise or perform, any function
118 pursuant to Title 73, Chapter 10, Board of Water Resources - Division of Water Resources;
119 (u) an unauthorized access to government records, data, or electronic information
120 systems by any person or entity; [
121 (v) an activity of wildlife, as defined in Section 23-13-2, that arises during the use of a
122 public or private road[
123 (w) a communication between employees of one or more law enforcement agencies
124 related to the employment, disciplinary history, character, professional competence, or physical
125 or mental health of a peace officer, or a former, current, or prospective employee of a law
126 enforcement agency, including any communication made in accordance with Section
127 53-14-101.