7 LONG TITLE
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:
17 Other Special Clauses:
19 Utah Code Sections Affected:
21 76-2-404, as last amended by Laws of Utah 2021, Chapters 150 and 260
22 76-2-408, as last amended by Laws of Utah 2021, Chapter 150
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 76-2-404 is amended to read:
26 76-2-404. Law enforcement officer use of deadly force.
27 (1) As used in this section:
28 (a) "Deadly force" means force that creates or is likely to create, or that the individual
29 using the force intends to create, a substantial likelihood of death or serious bodily injury to an
31 (b) "Officer" means an officer described in Section 53-13-102.
32 (c) "Serious bodily injury" means the same as that term is defined in Section 76-1-601.
33 (2) The defense of justification applies to the use of deadly force by an officer, or an
34 individual acting by the officer's command in providing aid and assistance, when:
35 (a) the officer is acting in obedience to and in accordance with the judgment of a
36 competent court in executing a penalty of death under Subsection 77-18-113(2), (3), or (4);
37 (b) effecting an arrest or preventing an escape from custody following an arrest, if:
38 (i) the officer reasonably believes that deadly force is necessary to prevent the arrest
39 from being defeated by escape; and
40 (ii) (A) the officer has probable cause to believe that the suspect has committed a
41 felony offense involving the infliction or threatened infliction of death or serious bodily injury;
43 (B) the officer has probable cause to believe the suspect poses a threat of death or
44 serious bodily injury to the officer or to an individual other than the suspect if apprehension is
45 delayed; or
46 (c) the officer reasonably believes that the use of deadly force is necessary to prevent
47 death or serious bodily injury to the officer or an individual other than the suspect.
48 (3) If feasible, [
49 deadly force under Subsection (2)(b) or (2)(c), a peace officer shall identify himself or herself
50 as a peace officer and give a clear oral warning of his or her intent to use a firearm or other
51 physical force.
52 Section 2. Section 76-2-408 is amended to read:
53 76-2-408. Officer use of force -- Investigations.
54 (1) As used in this section:
55 (a) "Dangerous weapon" means a firearm or an object that in the manner of its use or
56 intended use is capable of causing death or serious bodily injury to [
57 (b) "Deadly force" means a force that creates or is likely to create, or that the [
58 individual using the force intends to create, a substantial likelihood of death or serious bodily
59 injury to [
60 (c) "In custody" means in the legal custody of a state prison, county jail, or other
61 correctional facility, including custody that results from:
62 (i) a detention to secure attendance as a witness in a criminal case;
63 (ii) an arrest for or charging with a crime and committing for trial;
64 (iii) committing for contempt, upon civil process, or by other authority of law; or
65 (iv) sentencing to imprisonment on conviction of a crime.
66 (d) "Investigating agency" means a law enforcement agency, the county or district
67 attorney's office, or an interagency task force composed of officers from multiple law
68 enforcement agencies.
69 (e) "Officer" means an officer described in Section 53-13-102.
70 (f) "Officer-involved critical incident" means any of the following:
71 (i) an officer's use of deadly force;
72 (ii) an officer's use of a dangerous weapon against [
73 injury to any [
74 (iii) death or serious bodily injury to any [
75 resulting from an officer's:
76 (A) use of a motor vehicle while the officer is on duty; or
77 (B) use of a government vehicle while the officer is off duty;
78 (iv) the death of [
79 is the result of disease, natural causes, or conditions that have been medically diagnosed prior
80 to the [
81 (v) the death of or serious bodily injury to [
82 than an officer, resulting from an officer's attempt to prevent [
83 from custody, to make an arrest, or otherwise to gain physical control of [
85 (g) "Serious bodily injury" means the same as that term is defined in Section 76-1-601.
86 (2) When an officer-involved critical incident occurs:
87 (a) upon receiving notice of the officer-involved critical incident, the law enforcement
88 agency having jurisdiction where the incident occurred shall, as soon as practical, notify the
89 county or district attorney having jurisdiction where the incident occurred; and
90 (b) the chief executive of the law enforcement agency and the county or district
91 attorney having jurisdiction where the incident occurred shall:
92 (i) jointly designate an investigating agency for the officer-involved critical incident;
94 (ii) designate which agency is the lead investigative agency if the officer-involved
95 critical incident involves multiple investigations.
96 (3) The investigating agency under Subsection (2) may not be the law enforcement
97 agency employing the officer who is alleged to have caused or contributed to the
98 officer-involved critical incident.
99 (4) This section does not preclude the law enforcement agency employing an officer
100 alleged to have caused or contributed to the officer-involved critical incident from conducting
101 an internal administrative investigation.
102 (5) Each law enforcement agency that is part of or administered by the state or any of
103 the state's political subdivisions shall adopt and post on the agency's publicly accessible
105 (a) the policies and procedures the agency has adopted to select the investigating
106 agency if an officer-involved critical incident occurs in the agency's jurisdiction and one of the
107 agency's officers is alleged to have caused or contributed to the officer-involved incident; and
108 (b) the protocols the agency has adopted to ensure that any investigation of
109 officer-involved incidents occurring in the agency's jurisdiction are conducted professionally,
110 thoroughly, and impartially.
111 (6) Once a criminal investigation is turned over from law enforcement, all
112 investigations into an officer's use of force shall be completed within 180 days of the incident
113 occurring. If an investigation is not completed within 180 days, the county or district attorney
114 shall post a public statement on the county or district attorney's website stating a reasonable
115 estimate when the investigation will be complete and the reason for the delay.
116 (7) Subject to the requirements of Title 63G, Chapter 2, Government Records Access
117 and Management Act, all investigative reports and any resulting findings or analyses shall be
118 published on the county or district attorney's website within five business days of completion.