Chief Sponsor: Kera Birkeland

Senate Sponsor: Daniel McCay


8     General Description:
9          This bill addresses the use of force by peace officers.
10     Highlighted Provisions:
11          This bill:
12          ▸     sets a timeline for completion of investigations into an officer's use of force;
13          ▸     requires that certain information be posted online; and
14          ▸     makes technical corrections.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          76-2-408, as last amended by Laws of Utah 2021, Chapter 150

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 76-2-408 is amended to read:
25          76-2-408. Officer use of force -- Investigations.
26          (1) As used in this section:
27          (a) "Dangerous weapon" means a firearm or an object that in the manner of its use or
28     intended use is capable of causing death or serious bodily injury to [a person] an individual.
29          (b) "Deadly force" means a force that creates or is likely to create, or that the [person]

30     individual using the force intends to create, a substantial likelihood of death or serious bodily
31     injury to [a person] an individual.
32          (c) "In custody" means in the legal custody of a state prison, county jail, or other
33     correctional facility, including custody that results from:
34          (i) a detention to secure attendance as a witness in a criminal case;
35          (ii) an arrest for or charging with a crime and committing for trial;
36          (iii) committing for contempt, upon civil process, or by other authority of law; or
37          (iv) sentencing to imprisonment on conviction of a crime.
38          (d) "Investigating agency" means a law enforcement agency, the county or district
39     attorney's office, or an interagency task force composed of officers from multiple law
40     enforcement agencies.
41          (e) "Officer" means an officer described in Section 53-13-102.
42          (f) "Officer-involved critical incident" means any of the following:
43          (i) an officer's use of deadly force;
44          (ii) an officer's use of a dangerous weapon against [a person] an individual who causes
45     injury to any [person] individual;
46          (iii) death or serious bodily injury to any [person] individual, other than the officer,
47     resulting from an officer's:
48          (A) use of a motor vehicle while the officer is on duty; or
49          (B) use of a government vehicle while the officer is off duty;
50          (iv) the death of [a person] an individual who is in custody, but excluding a death that
51     is the result of disease, natural causes, or conditions that have been medically diagnosed prior
52     to the [person's] individual's death; or
53          (v) the death of or serious bodily injury to [a person] an individual not in custody, other
54     than an officer, resulting from an officer's attempt to prevent [a person's] an individual's escape
55     from custody, to make an arrest, or otherwise to gain physical control of [a person] an
56     individual.
57          (g) "Serious bodily injury" means the same as that term is defined in Section 76-1-601.

58          (2) When an officer-involved critical incident occurs:
59          (a) upon receiving notice of the officer-involved critical incident, the law enforcement
60     agency having jurisdiction where the incident occurred shall, as soon as practical, notify the
61     county or district attorney having jurisdiction where the incident occurred; and
62          (b) the chief executive of the law enforcement agency and the county or district
63     attorney having jurisdiction where the incident occurred shall:
64          (i) jointly designate an investigating agency for the officer-involved critical incident;
65     and
66          (ii) designate which agency is the lead investigative agency if the officer-involved
67     critical incident involves multiple investigations.
68          (3) The investigating agency under Subsection (2) may not be the law enforcement
69     agency employing the officer who is alleged to have caused or contributed to the
70     officer-involved critical incident.
71          (4) This section does not preclude the law enforcement agency employing an officer
72     alleged to have caused or contributed to the officer-involved critical incident from conducting
73     an internal administrative investigation.
74          (5) Each law enforcement agency that is part of or administered by the state or any of
75     the state's political subdivisions shall adopt and post on the agency's publicly accessible
76     website:
77          (a) the policies and procedures the agency has adopted to select the investigating
78     agency if an officer-involved critical incident occurs in the agency's jurisdiction and one of the
79     agency's officers is alleged to have caused or contributed to the officer-involved incident; and
80          (b) the protocols the agency has adopted to ensure that any investigation of
81     officer-involved incidents occurring in the agency's jurisdiction are conducted professionally,
82     thoroughly, and impartially.
83          (6) Once a criminal investigation is turned over from law enforcement, the county or
84     district attorney's findings or analyses into an officer's use of force shall be completed within
85     180 days of the turnover. If the findings or analyses is not published within 180 days of the

86     turnover, the county or district attorney shall post a public statement on the county or district
87     attorney's website stating a reasonable estimate when the findings or analyses will be complete
88     and the reason for the delay.
89          (7) Subject to the requirements of Title 63G, Chapter 2, Government Records Access
90     and Management Act, the county or district attorney's resulting findings or analyses shall be
91     published on the county or district attorney's website within five business days of completion.