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7 LONG TITLE
8 General Description:
9 This bill concerns the release of an alien within the state by a federal officer.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms; and
13 ▸ requires a federal officer to follow certain procedures before releasing an alien
14 within the state.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 ENACTS:
21 53-13-106.13, Utah Code Annotated 1953
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23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 53-13-106.13 is enacted to read:
25 53-13-106.13. Notification requirement for federal officers before the release of an
26 alien within the state.
27 (1) As used in this section:
28 (a) (i) "Alien" means an individual who is illegally present in the United States.
29 (ii) "Alien" does not include a permit holder as that term is defined in Section
30 63G-12-102.
31 (b) "Custody" means in the physical and legal custody of a federal law enforcement
32 agency.
33 (c) "Federal law enforcement agency" means an entity or division of the federal
34 government that exists primarily to:
35 (i) prevent and detect crime and enforce criminal laws, statutes, and ordinances; or
36 (ii) enforce federal immigration laws.
37 (d) "Federal officer" means an individual:
38 (i) who works for a federal law enforcement agency; and
39 (ii) whose duties consist of the investigation and enforcement of federal laws.
40 (2) A federal officer may not release an alien from custody within the state unless the
41 federal officer provides written notice three business days before the release to:
42 (a) the attorney general or the attorney general's designee; and
43 (b) the county sheriff or the county sheriff's designee of the county in which the release
44 is to take place.
45 (3) In providing the written notice under Subsection (2)(b), the federal officer shall also
46 provide:
47 (a) the specific address or location where the alien will be released;
48 (b) the date and time at which the alien will be released; and
49 (c) whether the federal officer is aware of any outstanding criminal warrants
50 concerning the alien who will be released.
51 Section 2. Effective date.
52 This bill takes effect on May 1, 2024.