1     
PEACE OFFICER TRAINING QUALIFICATIONS

2     
AMENDMENTS

3     
2021 FIRST SPECIAL 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 amends requirements for certain peace officer and dispatcher applicants.
11     Highlighted Provisions:
12          This bill:
13          ▸     amends requirements a non-citizen applicant is required to meet to become a peace
14     officer or dispatcher; and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          This bill provides a special effective date.
20     Utah Code Sections Affected:
21     AMENDS:
22          17-30-7, as enacted by Statewide Initiative A, Nov. 8, 1960
23          17-30a-303, as enacted by Laws of Utah 2014, Chapter 366
24          53-6-203, as last amended by Laws of Utah 2021, Chapter 233
25          53-6-302, as last amended by Laws of Utah 2021, Chapter 233
26     

27     Be it enacted by the Legislature of the state of Utah:

28          Section 1. Section 17-30-7 is amended to read:
29          17-30-7. Disqualification of applicant for examination -- Appeal to commission.
30          (1) The commission shall disqualify an applicant for examination who:
31          (a) [Does] does not meet advertised qualifications[.];
32          (b) [Has] has been convicted of a criminal offense inimical to the public service, or
33     involving moral turpitude[.];
34          (c) [Has] has practiced or attempted deception or fraud in [his] the applicant's
35     application or examination, or in securing eligibility for appointment[.]; or
36          (d) [Is] is not:
37          (i) a citizen of the United States[.]; or
38          (ii) a lawful permanent resident of the United States who:
39          (A) has been in the United States legally for the five years immediately before the day
40     on which the application is made; and
41          (B) has legal authorization to work in the United States.
42          (2) If an applicant is rejected, [he] the applicant shall be notified by mail at [his] the
43     applicant's last known address.
44          (3) At any time [prior to the date of] before the day on which the examination is held,
45     an applicant may correct a defect in [his] the applicant's application, or appeal in writing to the
46     commission.
47          Section 2. Section 17-30a-303 is amended to read:
48          17-30a-303. Disqualification of applicant for examination -- Appeal to
49     commission.
50          (1) In accordance with this section and rules adopted by the commission, an applicant
51     may be disqualified if the applicant:
52          (a) does not meet minimum qualifications;
53          (b) has been convicted of a criminal offense inimical to the public service or involving
54     moral turpitude;
55          (c) has practiced or attempted deception or fraud in the application or examination
56     process or in securing eligibility for appointment; or
57          (d) is not:
58          (i) a citizen of the United States[.]; or

59          (ii) a lawful permanent resident of the United States who:
60          (A) has been in the United States legally for the five years immediately before the day
61     on which the application is made; and
62          (B) has legal authorization to work in the United States.
63          (2) If an applicant is rejected, the applicant shall be promptly notified.
64          (3) At any time [prior to the date of] before the day on which the examination is held,
65     an applicant may correct a defect in the applicant's application.
66          (4) An applicant may file a written appeal regarding the application process with the
67     commission at any time before the [date of the exam] day on which the examination is held.
68          Section 3. Section 53-6-203 is amended to read:
69          53-6-203. Applicants for admission to training programs or for certification
70     examination -- Requirements.
71          (1) Before being accepted for admission to the training programs conducted by a
72     certified academy, and before being allowed to take a certification examination, each applicant
73     for admission or certification examination shall meet the following requirements:
74          (a) be either:
75          (i) a United States citizen; or
76          (ii) a lawful permanent resident of the United States who:
77          (A) has been in the United States legally for [at least] the five years immediately before
78     the day on which the application is made; and
79          (B) has legal authorization to work in the United States;
80          (b) be at least:
81          (i) 21 years old at the time of certification as a special function officer; or
82          (ii) as of July 1, 2019, 19 years old at the time of certification as a correctional officer;
83          (c) be a high school graduate or furnish evidence of successful completion of an
84     examination indicating an equivalent achievement;
85          (d) have not been convicted of a crime for which the applicant could have been
86     punished by imprisonment in a federal penitentiary or by imprisonment in the penitentiary of
87     this or another state;
88          (e) have demonstrated good moral character, as determined by a background
89     investigation;

90          (f) be free of any physical, emotional, or mental condition that might adversely affect
91     the performance of the applicant's duties as a peace officer; and
92          (g) meet all other standards required by POST.
93          (2) (a) An application for admission to a training program shall be accompanied by a
94     criminal history background check of local, state, and national criminal history files and a
95     background investigation.
96          (b) The costs of the background check and investigation shall be borne by the applicant
97     or the applicant's employing agency.
98          (3) (a) Notwithstanding any expungement statute or rule of any other jurisdiction, any
99     conviction obtained in this state or other jurisdiction, including a conviction that has been
100     expunged, dismissed, or treated in a similar manner to either of these procedures, may be
101     considered for purposes of this section.
102          (b) This provision applies to convictions entered both before and after the effective
103     date of this section.
104          (4) Any background check or background investigation performed [pursuant to] under
105     the requirements of this section shall be to determine eligibility for admission to training
106     programs or qualification for certification examinations and may not be used as a replacement
107     for any background investigations that may be required of an employing agency.
108          (5) An applicant shall be considered to be of good moral character under Subsection
109     (1)(e) if the applicant has not engaged in conduct that would be a violation of Subsection
110     53-6-211(1).
111          (6) An applicant seeking certification as a law enforcement officer, as defined in
112     Section 53-13-103, shall be qualified to possess a firearm under state and federal law.
113          Section 4. Section 53-6-302 is amended to read:
114          53-6-302. Applicants for certification examination -- Requirements.
115          (1) Before being allowed to take a dispatcher certification examination, each applicant
116     shall meet the following requirements:
117          (a) be either:
118          (i) a United States citizen; or
119          (ii) a lawful permanent resident of the United States who:
120          (A) has been in the United States legally for [at least] the five years immediately before

121     the day on which the application is made; and
122          (B) has legal authorization to work in the United States;
123          (b) be 18 years old or older at the time of employment as a dispatcher;
124          (c) be a high school graduate or have a G.E.D. equivalent;
125          (d) have not been convicted of a crime for which the applicant could have been
126     punished by imprisonment in a federal penitentiary or by imprisonment in the penitentiary of
127     this or another state;
128          (e) have demonstrated good moral character, as determined by a background
129     investigation;
130          (f) be free of any physical, emotional, or mental condition that might adversely affect
131     the performance of the applicant's duty as a dispatcher; and
132          (g) meet all other standards required by POST.
133          (2) (a) An application for certification shall be accompanied by a criminal history
134     background check of local, state, and national criminal history files and a background
135     investigation.
136          (b) The costs of the background check and investigation shall be borne by the applicant
137     or the applicant's employing agency.
138          (3) (a) Notwithstanding Title 77, Chapter 40, Utah Expungement Act, regarding
139     expungements, or a similar statute or rule of any other jurisdiction, any conviction obtained in
140     this state or other jurisdiction, including a conviction that has been expunged, dismissed, or
141     treated in a similar manner to either of these procedures, may be considered for purposes of this
142     section.
143          (b) Subsection (3)(a) applies to convictions entered both before and after May 1, 1995.
144          (4) Any background check or background investigation performed [pursuant to] under
145     the requirements of this section shall be to determine eligibility for admission to training
146     programs or qualification for certification examinations and may not be used as a replacement
147     for any background investigations that may be required of an employing agency.
148          (5) An applicant is considered to be of good moral character under Subsection (1)(e) if
149     the applicant has not engaged in conduct that would be a violation of Subsection 53-6-309(1).
150          Section 5. Effective date.
151          If approved by two-thirds of all the members elected to each house, this bill takes effect

152     upon approval by the governor, or the day following the constitutional time limit of Utah
153     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
154     the date of veto override.