Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 237 Third Substitute (2021GS)

Sponsor

Rep. Dailey-Provost, J.

Final action

Governor Signed 3/16/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• describes when an officer may use deadly force; and
• makes technical changes.

Every vote on this bill

Bill text

LETHAL FORCE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jennifer Dailey-Provost
Senate Sponsor: 
Evan J. Vickers
LONG TITLE
General Description:
This bill addresses when a peace officer may use deadly force.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ describes when an officer may use deadly force; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-2-404
, as last amended by Laws of Utah 2015, Chapter 47
76-2-408
, as last amended by Laws of Utah 2019, Chapter 395
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-2-404
 is amended to read:
76-2-404.
Law enforcement officer use of deadly force.
[
(1) A peace officer, or any person acting by the officer's command in providing aid
and assistance, is justified in using deadly force when:
]
(1) As used in this section:
(a) "Deadly force" means force that creates or is likely to create, or that the individual
using the force intends to create, a substantial likelihood of death or serious bodily injury to an
individual.
(b) "Officer" means an officer described in Section 
53-13-102
.
(c) "Serious bodily injury" means the same as that term is defined in Section 
76-1-601
.
(2) The defense of justification applies to the use of deadly force by an officer, or an
individual acting by the officer's command in providing aid and assistance, when:
(a) the officer is acting in obedience to and in accordance with the judgment of a
competent court in executing a penalty of death under Subsection 
77-18-5.5
(2), (3), or (4);
(b) effecting an arrest or preventing an escape from custody following an arrest,
[
where
] 
if:
(i)
 the officer reasonably believes that deadly force is necessary to prevent the arrest
from being defeated by escape; and
[
(i)
] 
(ii) (A)
 the officer has probable cause to believe that the suspect has committed a
felony offense involving the infliction or threatened infliction of death or serious bodily injury;
or
[
(ii)
] 
(B)
 the officer has probable cause to believe the suspect poses a threat of death or
serious bodily injury to the officer or to [
others
] 
an individual other than the suspect
 if
apprehension is delayed; or
(c) the officer reasonably believes that the use of deadly force is necessary to prevent
death or serious bodily injury to the officer or [
another person
] 
an individual other than the
suspect
.
[
(2)
] 
(3)
 If feasible, a verbal warning should be given by the officer prior to any use of
deadly force under Subsection [
(1)
] 
(2)
(b) or [
(1)
] 
(2)
(c).
Section 2. Section 
76-2-408
 is amended to read:
76-2-408.
Officer use of force -- Investigations.
(1) As used in this section:
(a) "Dangerous weapon" means a firearm or an object that in the manner of its use or
intended use is capable of causing death or serious bodily injury to a person.
(b) "Deadly force" means a force that creates or is likely to create, or that the person
using the force intends to create, a substantial likelihood of death or serious bodily injury to a
person.
(c) "In custody" means in the legal custody of a state prison, county jail, or other
correctional facility, including custody that results from:
(i) a detention to secure attendance as a witness in a criminal case;
(ii) an arrest for or charging with a crime and committing for trial;
(iii) committing for contempt, upon civil process, or by other authority of law; or
(iv) sentencing to imprisonment on conviction of a crime.
(d) "Investigating agency" means a law enforcement agency, the county or district
attorney's office, or an interagency task force composed of officers from multiple law
enforcement agencies.
(e) "Officer" means [
the same as the term "law enforcement officer" as that term is
defined in Section 
53-13-103
] 
an officer described in Section 
53-13-102
.
(f) "Officer-involved critical incident" means any of the following:
(i) an officer's use of deadly force;
(ii) an officer's use of a dangerous weapon against a person [
that
] 
who
 causes injury to
any person;
(iii) death or serious bodily injury to any person, other than the officer, resulting from
an officer's:
(A) use of a motor vehicle while the officer is on duty; or
(B) use of a government vehicle while the officer is off duty;
(iv) the death of a person who is in custody, but excluding a death that is the result of
disease, natural causes, or conditions that have been medically diagnosed prior to the person's
death; or
(v) the death of or serious bodily injury to a person not in custody, other than an
officer, resulting from an officer's attempt to prevent a person's escape from custody, to make
an arrest, or otherwise to gain physical control of a person.
(g) "Serious bodily injury" means the same as that term is defined in Section 
76-1-601
.
(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
] 
the state's
 political subdivisions shall[
, by December 31, 2015,
] adopt and post on [
its
] 
the
agency's
 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
] 
the agency's
 jurisdiction and one of
[
its
] 
the agency's
 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
] 
the agency's
 jurisdiction are conducted
professionally, thoroughly, and impartially.