Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 361 (2015GS)

Sponsor

Rep. Roberts, M.

Final action

Governor Signed 3/25/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• requires the chief executive of a law enforcement agency to work with the district or county attorney to designate an agency to investigate instances of a peace officer use of force;
• requires that the investigating agency not be the agency where the officer is employed; and
• requires each law enforcement agency to adopt and post by December 31, 2015:
• the policies and procedures the agency has adopted to select the investigating agency if an officer-involved critical incident occurs in its jurisdiction; and
• the protocols the agency has adopted to ensure that any investigation of officer-involved incidents occurring in its jurisdiction are conducted professionally, thoroughly, and impartially.

Every vote on this bill

Bill text

INVESTIGATION PROTOCOLS FOR PEACE OFFICER USE
OF FORCE
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Marc K. Roberts
Senate Sponsor: 
Deidre M. Henderson
LONG TITLE
General Description:
This bill modifies the Utah Criminal Code regarding the investigation of peace officer
use of force.
Highlighted Provisions:
This bill:
▸ requires the chief executive of a law enforcement agency to work with the district or
county attorney to designate an agency to investigate instances of a peace officer use
of force;
▸ requires that the investigating agency not be the agency where the officer is
employed; and
▸ requires each law enforcement agency to adopt and post by December 31, 2015:
• the policies and procedures the agency has adopted to select the investigating
agency if an officer-involved critical incident occurs in its jurisdiction; and
• the protocols the agency has adopted to ensure that any investigation of
officer-involved incidents occurring in its jurisdiction are conducted
professionally, thoroughly, and impartially.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
76-2-408
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-2-408
 is enacted to read:
 76-2-408.
Peace officer use of force -- Investigations.
(1) As used in this section:
(a) "Dangerous weapon" is a firearm or an object that in the manner of its use or
intended use is capable of causing death or serious bodily injury.
(b) "Investigating agency" is a law enforcement agency, the county or district attorney's
office, or an interagency task force composed of officers from multiple law enforcement
agencies.
(c) "Officer" is a law enforcement officer as defined in Section 
53-13-103
.
(d) "Officer-involved critical incident" is any of the following:
(i) the use of a dangerous weapon by an officer against a person that causes injury to
any person;
(ii) a fatal injury to any person except the officer, resulting from the use of a motor
vehicle by an officer;
(iii) the death of a person who is in law enforcement custody, but not including deaths
that are the result of disease, natural causes, or conditions that have been medically diagnosed
prior to the person's death; or
(iv) a fatal injury to a person resulting from the efforts of an officer attempting to
prevent a person's escape from custody, make an arrest, or otherwise gain physical control of a
person.
(2) When an officer-involved critical incident occurs:
(a) upon receiving notice of the officer-involved critical incident, the law enforcement
agency having jurisdiction where the incident occurred shall, as soon as practical, notify the
county or district attorney having jurisdiction where the incident occurred; and
(b) the chief executive of the law enforcement agency and the county or district
attorney having jurisdiction where the incident occurred shall:
(i) jointly designate an investigating agency for the officer-involved critical incident;
and
(ii) designate which agency is the lead investigative agency if the officer-involved
critical incident involves multiple investigations.
(3) The investigating agency under Subsection (2) may not be the law enforcement
agency employing the officer who is alleged to have caused or contributed to the
officer-involved critical incident.
(4) This section does not preclude the law enforcement agency employing an officer
alleged to have caused or contributed to the officer-involved critical incident from conducting
an internal administrative investigation.
(5) Each law enforcement agency that is part of or administered by the state or any of
its political subdivisions shall, by December 31, 2015, adopt and post on its publicly accessible
website:
(a) the policies and procedures the agency has adopted to select the investigating
agency if an officer-involved critical incident occurs in its jurisdiction and one of its officers is
alleged to have caused or contributed to the officer-involved incident; and
(b) the protocols the agency has adopted to ensure that any investigation of
officer-involved incidents occurring in its jurisdiction are conducted professionally,
thoroughly, and impartially.