1     
PEACE OFFICER TRAINING MODIFICATIONS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Karen Kwan

5     
House Sponsor: Tyler Clancy

6     

7     LONG TITLE
8     General Description:
9          This bill requires a portion of a peace officer's basic training to include certain subjects
10     involving victim targeting.
11     Highlighted Provisions:
12          This bill:
13          ▸     requires under certain conditions a peace officer's basic training to include training
14     on identifying, responding to, and reporting a criminal offense that is motivated by
15     certain personal attributes; and
16          ▸     makes technical and conforming changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          53-6-202, as last amended by Laws of Utah 2021, First Special Session, Chapter 1
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 53-6-202 is amended to read:
27          53-6-202. Basic training course -- Completion required -- Annual training --

28     Prohibition from exercising powers -- Reinstatement.
29          (1) (a) The director shall:
30          (i) (A) suggest and prepare subject material; and
31          (B) schedule instructors for basic training courses; or
32          (ii) review the material and instructor choices submitted by a certified academy.
33          (b) The subject material, instructors, and schedules shall be approved or disapproved
34     by a majority vote of the council.
35          (2) The materials shall be reviewed and approved by the council on or before July 1st
36     of each year and may from time to time be changed or amended by majority vote of the council.
37          (3) The basic training in a certified academy:
38          (a) shall be appropriate for the basic training of peace officers in the techniques of law
39     enforcement in the discretion of the director; and
40          (b) may not include the use of chokeholds, carotid restraints, or any act that impedes
41     the breathing or circulation of blood likely to produce a loss of consciousness, as a valid
42     method of restraint.
43          (4) (a) All peace officers shall satisfactorily complete the basic training course or the
44     waiver process provided for in this chapter as well as annual certified training of not less than
45     40 hours as the director, with the advice and consent of the council, directs.
46          (b) A peace officer who fails to satisfactorily complete the annual training shall
47     automatically be prohibited from exercising peace officer powers until any deficiency is made
48     up.
49          (c) (i) Beginning July 1, 2021, the annual training shall include no less than 16 hours of
50     training focused on mental health and other crisis intervention responses, arrest control, and
51     de-escalation training.
52          (ii) Standards for the training shall be determined by each law enforcement agency or
53     department and approved by the director or designee.
54          (iii) Each law enforcement agency or department shall include a breakdown of the 16
55     hours within the annual audit submitted to the division.
56          (5) Beginning July 1, 2021, the director shall ensure that annual training covers
57     intervention responses for mental illnesses, autism spectrum disorder, and other neurological
58     and developmental disorders.

59          (6) Beginning July 1, 2023, the director shall, subject to approval by a majority vote of
60     the council, ensure that the basic training curriculum covers instruction on identifying,
61     responding to, and reporting a criminal offense that is motivated by a personal attribute, as that
62     term is defined in Section 76-3-203.14, victim targeting penalty enhancement.