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7 LONG TITLE
8 General Description:
9 This bill addresses provisions related to law enforcement officers.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ authorizes the Peace Officer Standards and Training Division to discipline a chief
14 executive who fails to report misconduct;
15 ▸ addresses law enforcement officer employment and background checks;
16 ▸ requires a law enforcement agency to use an early intervention system to determine
17 law enforcement officer performance under certain circumstances;
18 ▸ creates the Early Intervention System Grant Program; and
19 ▸ makes technical changes.
20 Money Appropriated in this Bill:
21 This bill appropriates for fiscal year 2024:
22 ▸ To the Department of Public Safety - Programs and Operations, as a one-time
23 appropriation:
24 • from the General Fund, One-time, $3,000,000.
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:
28 AMENDS:
29 53-6-211, as last amended by Laws of Utah 2021, Chapters 96, 311
30 53-14-101, as last amended by Laws of Utah 2021, Chapter 311
31 63G-7-201, as last amended by Laws of Utah 2021, Chapter 352
32 ENACTS:
33 53-14-102, Utah Code Annotated 1953
34 53-14-103, Utah Code Annotated 1953
35 53-14-201, Utah Code Annotated 1953
36 53-14-202, Utah Code Annotated 1953
37 53-14-203, Utah Code Annotated 1953
38
39 Be it enacted by the Legislature of the state of Utah:
40 Section 1. Section 53-6-211 is amended to read:
41 53-6-211. Suspension or revocation of certification -- Right to a hearing --
42 Grounds -- Notice to employer -- Reporting -- Judicial appeal.
43 (1) The council has the authority to issue a Letter of Caution, or suspend or revoke the
44 certification of a peace officer, if the peace officer:
45 (a) willfully falsifies any information to obtain certification;
46 (b) has any physical or mental disability affecting the peace officer's ability to perform
47 duties;
48 (c) engages in conduct constituting a state or federal criminal offense, but not including
49 a traffic offense that is a class C misdemeanor or infraction;
50 (d) refuses to respond, or fails to respond truthfully, to questions after having been
51 issued a warning issued based on Garrity v. New Jersey, 385 U.S. 493 (1967);
52 (e) engages in sexual conduct while on duty;
53 (f) is certified as a law enforcement peace officer, as defined in Section 53-13-102, and
54 is unable to possess a firearm under state or federal law;
55 (g) is found by a court or by a law enforcement agency to have knowingly engaged in
56 conduct that involves dishonesty or deception in violation of a policy of the peace officer's
57 employer or in violation of a state or federal law; [
58 (h) is found by a court or by a law enforcement agency to have knowingly engaged in
59 biased or prejudicial conduct against one or more individuals based on the individual's race,
60 color, sex, pregnancy, age, religion, national origin, disability, sexual orientation, or gender
61 identity; or
62 (i) is a chief, sheriff, or administrative officer of a law enforcement agency and fails to
63 comply with Subsection (6).
64 (2) The council may not issue a Letter of Caution or suspend or revoke the certification
65 of a peace officer for a violation of state or federal law or a violation of a law enforcement
66 agency's policies, general orders, or guidelines of operation that do not amount to a cause of
67 action under Subsection (1).
68 (3) (a) The division is responsible for investigating officers who are alleged to have
69 engaged in conduct in violation of Subsection (1).
70 (b) The division shall initiate all adjudicative proceedings under this section by
71 providing to the peace officer involved notice and an opportunity for a hearing before an
72 administrative law judge.
73 (c) All adjudicative proceedings under this section are civil actions, notwithstanding
74 whether the issue in the adjudicative proceeding is a violation of statute that may be prosecuted
75 criminally.
76 (d) (i) The burden of proof on the division in an adjudicative proceeding under this
77 section is by clear and convincing evidence.
78 (ii) If a peace officer asserts an affirmative defense, the peace officer has the burden of
79 proof to establish the affirmative defense by a preponderance of the evidence.
80 (e) If the administrative law judge issues findings of fact and conclusions of law stating
81 there is sufficient evidence to demonstrate that the officer engaged in conduct that is in
82 violation of Subsection (1), the division shall present the finding and conclusions issued by the
83 administrative law judge to the council.
84 (f) The division shall notify the chief, sheriff, or administrative officer of the police
85 agency which employs the involved peace officer of the investigation and shall provide any
86 information or comments concerning the peace officer received from that agency regarding the
87 peace officer to the council before a Letter of Caution is issued, or a peace officer's certification
88 may be suspended or revoked.
89 (g) If the administrative law judge finds that there is insufficient evidence to
90 demonstrate that the officer is in violation of Subsection (1), the administrative law judge shall
91 dismiss the adjudicative proceeding.
92 (4) (a) The council shall:
93 (i) accept the administrative law judge's findings of fact and conclusions of law, and
94 the information concerning the peace officer provided by the officer's employing agency; and
95 (ii) choose whether to issue a Letter of Caution, or suspend or revoke the officer's
96 certification.
97 (b) Before making a decision, the council may consider aggravating and mitigating
98 circumstances.
99 (c) A member of the council shall recuse him or herself from consideration of an issue
100 that is before the council if the council member:
101 (i) has a personal bias for or against the officer;
102 (ii) has a substantial pecuniary interest in the outcome of the proceeding and may gain
103 or lose some benefit from the outcome; or
104 (iii) employs, supervises, or works for the same law enforcement agency as the officer
105 whose case is before the council.
106 (5) (a) Termination of a peace officer, whether voluntary or involuntary, does not
107 preclude suspension or revocation of a peace officer's certification by the council if the peace
108 officer was terminated for any of the reasons under Subsection (1).
109 (b) Employment by another agency, or reinstatement of a peace officer by the original
110 employing agency after termination by that agency, whether the termination was voluntary or
111 involuntary, does not preclude suspension or revocation of a peace officer's certification by the
112 council if the peace officer was terminated for any of the reasons under Subsection (1).
113 (6) (a) A chief, sheriff, or administrative officer of a law enforcement agency who is
114 made aware of an allegation against a peace officer employed by that agency that involves
115 conduct in violation of [
116 administrative or internal investigation into the allegation and report the findings of the
117 investigation to the division if the allegation is substantiated.
118 (b) If a peace officer who is the subject of an internal or administrative investigation
119 into allegations that include any of the conditions or circumstances outlined in [
120 Subsections (1)(a) through (h) resigns, retires, or otherwise separates from the investigating law
121 enforcement agency before the conclusion of the investigation, the chief, sheriff, or
122 administrative officer of that law enforcement agency shall complete the investigation and
123 report the findings to the division.
124 (7) The council's issuance of a Letter of Caution, or suspension or revocation of an
125 officer's certification under Subsection (4) may be appealed under Title 63G, Chapter 4, Part 4,
126 Judicial Review.
127 Section 2. Section 53-14-101 is amended to read:
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130 53-14-101. Definitions.
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133 academy.
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136 (3) "POST" means the Peace Officer Standards and Training Division created in
137 Section 53-6-103.
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216 Section 3. Section 53-14-102 is enacted to read:
217 53-14-102. Background check for peace officer applicants.
218 A law enforcement agency may not employ a peace officer who is currently working, or
219 has previously worked, for another law enforcement agency unless the hiring law enforcement
220 agency:
221 (1) confirms that the peace officer is certified by POST or another comparable
222 certifying agency if the peace officer is currently employed, or has previously been employed,
223 by a law enforcement agency in a different state; and
224 (2) completes a background check that contains the information outlined in Subsection
225 53-14-103(3).
226 Section 4. Section 53-14-103 is enacted to read:
227 53-14-103. Law enforcement and training academy applicants -- Employer
228 background information -- Information required upon request.
229 (1) Except as provided in Subsection (4), an employer or director shall provide
230 available information regarding an individual in accordance with this section if the request for
231 the information:
232 (a) complies with Subsection (2); and
233 (b) is submitted by:
234 (i) if the individual is applying for employment, a law enforcement agency; or
235 (ii) if the individual is applying for admission under Section 53-6-203 to a training
236 academy, the director.
237 (2) A law enforcement agency or director requesting information under Subsection (1)
238 shall:
239 (a) make the request in writing;
240 (b) include with the request:
241 (i) an authorization signed by the applicant and notarized by a notary public, in which
242 the applicant consents to the release of the requested information and releases the employer or
243 training academy providing the information from liability; and
244 (ii) a signature by a sworn officer or other authorized representative of the requesting
245 law enforcement agency or the academy; and
246 (c) address the request to the employer or director.
247 (3) A law enforcement agency or director requesting information under Subsection (1)
248 shall request:
249 (a) the date on which the applicant's employment commenced and, if applicable, the
250 date on which the applicant's employment was terminated;
251 (b) a list of the compensation that the employer provided to the applicant during the
252 course of the employment;
253 (c) a copy of the application for a position of employment that the applicant submitted
254 to the employer;
255 (d) a written evaluation of the performance of the applicant;
256 (e) an attendance record of the applicant noting disciplinary action taken due to the
257 applicant being late or absent without permission;
258 (f) a record of disciplinary action taken against the applicant;
259 (g) a statement regarding whether the employer would rehire the applicant and, if the
260 employer would not rehire the applicant, the reasons why;
261 (h) if applicable, a record setting forth the reason that the employment of the applicant
262 was terminated and whether the termination was voluntary or involuntary;
263 (i) the record of any final action regarding an applicant's peace officer certification that
264 is based on an investigation concerning the applicant's qualification for certification; and
265 (j) notice of any pending or ongoing investigation regarding the applicant's certification
266 as a peace officer.
267 (4) (a) In the absence of fraud or malice, an employer or training academy is not
268 subject to any civil liability for any relevant cause of action by releasing employment
269 information requested under this section.
270 (b) This section does not abrogate or lessen the existing common law or statutory
271 privileges and immunities of an employer.
272 (c) An employer or training academy may not provide information under this section if
273 the disclosure of the information is prohibited under federal or state law.
274 (5) An employer's refusal to make available information to a law enforcement agency
275 in accordance with this section is grounds for a civil action by the requesting agency for
276 injunctive relief requiring disclosure on the part of the employer.
277 (6) (a) (i) A law enforcement agency may use the information received under this
278 section to determine the suitability of an applicant for employment.
279 (ii) A director may use the information received under this section to determine the
280 suitability of an applicant for acceptance at the training academy.
281 (b) Except as provided in Subsection (6)(c), the recipient law enforcement agency and
282 director shall maintain the confidentiality of information received under this section.
283 (c) (i) A law enforcement agency shall share information regarding an applicant that
284 the law enforcement agency is in possession of with another law enforcement agency if:
285 (A) the information is requested by the other law enforcement agency in accordance
286 with this section;
287 (B) the applicant is also an applicant for any employment position with the other law
288 enforcement agency; and
289 (C) the confidentiality of the information is otherwise maintained.
290 (ii) A director shall share information regarding an applicant that is received under this
291 section with another training academy if:
292 (A) the information is requested by the other training academy in accordance with this
293 section;
294 (B) the applicant is an applicant for acceptance at the other training academy; and
295 (C) the confidentiality of the information is otherwise maintained.
296 (iii) A director shall share information regarding an applicant, attendee, or graduate of
297 a training academy that is received under this section with a law enforcement agency if:
298 (A) the information is requested by the law enforcement agency in accordance with this
299 section;
300 (B) the applicant is applying for a position as a peace officer with the law enforcement
301 agency; and
302 (C) the confidentiality of the information is otherwise maintained.
303 Section 5. Section 53-14-201 is enacted to read:
304
305 53-14-201. Definitions.
306 As used in this part:
307 (1) "Early intervention system" means an electronic data-based police management tool
308 designed to track behaviors of a law enforcement officer based on performance factors.
309 (2) "Grant" means a grant awarded under this section.
310 (3) "Program" means the Early Intervention Grant Program created in section
311 53-14-203.
312 Section 6. Section 53-14-202 is enacted to read:
313 53-14-202. Early intervention system implementation.
314 (1) On or before January 1, 2025, a law enforcement agency shall use an early
315 intervention system.
316 (2) Information contained in an early intervention system is part of a law enforcement
317 officer's internal personnel file and may only be shared in accordance with Section 53-14-103.
318 (3) The department shall establish by rule, in accordance with Title 63G, Chapter 3,
319 Utah Administrative Rulemaking Act, the minimum standards that an early intervention system
320 is required to meet in order for a law enforcement agency to comply with Subsection (1).
321 Section 7. Section 53-14-203 is enacted to read:
322 53-14-203. Early Intervention System Grant Program.
323 (1) (a) There is created within the department the Early Intervention System Grant
324 Program.
325 (b) The purpose of the program is to award grants to law enforcement agencies to
326 initially establish an early intervention system.
327 (2) (a) A law enforcement agency that submits a proposal for a grant to the department
328 shall include in the proposal:
329 (i) the plan for establishing and cost of an early intervention system;
330 (ii) a statement that the early intervention system to be established complies with the
331 standards under Subsection 53-14-202(3);
332 (iii) any funding sources in addition to the grant for the proposal; and
333 (iv) other information the department determines necessary to evaluate the proposal.
334 (b) When evaluating a proposal for a grant, the department shall consider:
335 (i) whether the proposed early intervention system meets the standards under
336 Subsection 53-14-202(3);
337 (ii) the cost of the proposal;
338 (iii) the extent to which additional funding sources may benefit the proposal; and
339 (iv) the viability and sustainability of the proposal.
340 (3) Subject to Subsection (2), the department may, in accordance with Title 63G,
341 Chapter 3, Utah Administrative Rulemaking Act, make rules to establish:
342 (a) eligibility criteria for a grant;
343 (b) the form and process for submitting a proposal to the department for a grant;
344 (c) the method and formula for determining a grant amount; and
345 (d) reporting requirements for a grant recipient.
346 Section 8. Section 63G-7-201 is amended to read:
347 63G-7-201. Immunity of governmental entities and employees from suit.
348 (1) Except as otherwise provided in this chapter, each governmental entity and each
349 employee of a governmental entity are immune from suit for any injury that results from the
350 exercise of a governmental function.
351 (2) Notwithstanding the waiver of immunity provisions of Section 63G-7-301, a
352 governmental entity, its officers, and its employees are immune from suit:
353 (a) as provided in Section 78B-4-517; and
354 (b) for any injury or damage resulting from the implementation of or the failure to
355 implement measures to:
356 (i) control the causes of epidemic and communicable diseases and other conditions
357 significantly affecting the public health or necessary to protect the public health as set out in
358 Title 26A, Chapter 1, Local Health Departments;
359 (ii) investigate and control suspected bioterrorism and disease as set out in Title 26,
360 Chapter 23b, Detection of Public Health Emergencies Act;
361 (iii) respond to a national, state, or local emergency, a public health emergency as
362 defined in Section 26-23b-102, or a declaration by the President of the United States or other
363 federal official requesting public health related activities, including the use, provision,
364 operation, and management of:
365 (A) an emergency shelter;
366 (B) housing;
367 (C) a staging place; or
368 (D) a medical facility; and
369 (iv) adopt methods or measures, in accordance with Section 26-1-30, for health care
370 providers, public health entities, and health care insurers to coordinate among themselves to
371 verify the identity of the individuals they serve.
372 (3) A governmental entity, its officers, and its employees are immune from suit, and
373 immunity is not waived, for any injury if the injury arises out of or in connection with, or
374 results from:
375 (a) a latent dangerous or latent defective condition of:
376 (i) any highway, road, street, alley, crosswalk, sidewalk, culvert, tunnel, bridge, or
377 viaduct; or
378 (ii) another structure located on any of the items listed in Subsection (3)(a)(i); or
379 (b) a latent dangerous or latent defective condition of any public building, structure,
380 dam, reservoir, or other public improvement.
381 (4) A governmental entity, its officers, and its employees are immune from suit, and
382 immunity is not waived, for any injury proximately caused by a negligent act or omission of an
383 employee committed within the scope of employment, if the injury arises out of or in
384 connection with, or results from:
385 (a) the exercise or performance, or the failure to exercise or perform, a discretionary
386 function, whether or not the discretion is abused;
387 (b) except as provided in Subsections 63G-7-301(2)(j), (3), and (4), assault, battery,
388 false imprisonment, false arrest, malicious prosecution, intentional trespass, abuse of process,
389 libel, slander, deceit, interference with contract rights, infliction of mental anguish, or violation
390 of civil rights;
391 (c) the issuance, denial, suspension, or revocation of, or the failure or refusal to issue,
392 deny, suspend, or revoke, any permit, license, certificate, approval, order, or similar
393 authorization;
394 (d) a failure to make an inspection or making an inadequate or negligent inspection;
395 (e) the institution or prosecution of any judicial or administrative proceeding, even if
396 malicious or without probable cause;
397 (f) a misrepresentation by an employee whether or not the misrepresentation is
398 negligent or intentional;
399 (g) a riot, unlawful assembly, public demonstration, mob violence, or civil disturbance;
400 (h) the collection or assessment of taxes;
401 (i) an activity of the Utah National Guard;
402 (j) the incarceration of a person in a state prison, county or city jail, or other place of
403 legal confinement;
404 (k) a natural condition on publicly owned or controlled land;
405 (l) a condition existing in connection with an abandoned mine or mining operation;
406 (m) an activity authorized by the School and Institutional Trust Lands Administration
407 or the Division of Forestry, Fire, and State Lands;
408 (n) the operation or existence of a pedestrian or equestrian trail that is along a ditch,
409 canal, stream, or river, regardless of ownership or operation of the ditch, canal, stream, or river,
410 if:
411 (i) the trail is designated under a general plan adopted by a municipality under Section
412 10-9a-401 or by a county under Section 17-27a-401;
413 (ii) the trail right-of-way or the right-of-way where the trail is located is open to public
414 use as evidenced by a written agreement between:
415 (A) the owner or operator of the trail right-of-way or of the right-of-way where the trail
416 is located; and
417 (B) the municipality or county where the trail is located; and
418 (iii) the written agreement:
419 (A) contains a plan for operation and maintenance of the trail; and
420 (B) provides that an owner or operator of the trail right-of-way or of the right-of-way
421 where the trail is located has, at a minimum, the same level of immunity from suit as the
422 governmental entity in connection with or resulting from the use of the trail;
423 (o) research or implementation of cloud management or seeding for the clearing of fog;
424 (p) the management of flood waters, earthquakes, or natural disasters;
425 (q) the construction, repair, or operation of flood or storm systems;
426 (r) the operation of an emergency vehicle, while being driven in accordance with the
427 requirements of Section 41-6a-212;
428 (s) the activity of:
429 (i) providing emergency medical assistance;
430 (ii) fighting fire;
431 (iii) regulating, mitigating, or handling hazardous materials or hazardous wastes;
432 (iv) an emergency evacuation;
433 (v) transporting or removing an injured person to a place where emergency medical
434 assistance can be rendered or where the person can be transported by a licensed ambulance
435 service; or
436 (vi) intervening during a dam emergency;
437 (t) the exercise or performance, or the failure to exercise or perform, any function
438 pursuant to Title 73, Chapter 10, Board of Water Resources - Division of Water Resources;
439 (u) an unauthorized access to government records, data, or electronic information
440 systems by any person or entity;
441 (v) an activity of wildlife, as defined in Section 23-13-2, that arises during the use of a
442 public or private road; or
443 (w) a communication between employees of one or more law enforcement agencies
444 related to the employment, disciplinary history, character, professional competence, or physical
445 or mental health of a peace officer, or a former, current, or prospective employee of a law
446 enforcement agency, including any communication made in accordance with Section
447 [
448 Section 9. Appropriation.
449 The following sums of money are appropriated for the fiscal year beginning July 1,
450 2023, and ending June 30, 2024. These are additions to amounts previously appropriated for
451 fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
452 Act, the Legislature appropriates the following sums of money from the funds or accounts
453 indicated for the use and support of the government of the state of Utah.
454 ITEM 1
455 To Department of Public Safety - Programs and Operations
456 From General Fund, One-time
3,000,000
457 Schedule of Programs:
458 Highway Patrol - Special Services 3,000,000
459 The Legislature intends that:
460 (1) the appropriation under this item be used to award grants over a three-year period
461 under Title 53, Chapter 14, Part 2, Law Enforcement Early Intervention; and
462 (2) under Section 63J-1-603, the appropriation under this item not lapse at the close of
463 fiscal year 2024 and the use of any nonlapsing funds is limited to the purposes described in
464 Subsection (1) of this item.