Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 38 (2021GS)

Sponsor

Sen. Thatcher, D.

Final action

Governor Signed 3/16/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends the liability provision for dog bites relating to law enforcement activities to require certification of dogs and handlers, a written policy on the use of dogs, and compliance with the policy; and
• enacts the Law Enforcement Canine Team Certification Act, to require certification and training of dogs and handlers.

Every vote on this bill

Bill text

K-9 POLICY REQUIREMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Daniel W. Thatcher
House Sponsor: 
Candice B. Pierucci
LONG TITLE
General Description:
This bill amends the liability provisions for dog bites relating to law enforcement
activities and requires the annual certification of law enforcement canines and handlers.
Highlighted Provisions:
This bill:
▸ amends the liability provision for dog bites relating to law enforcement activities to
require certification of dogs and handlers, a written policy on the use of dogs, and
compliance with the policy; and
▸ enacts the Law Enforcement Canine Team Certification Act, to require certification
and training of dogs and handlers.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
18-1-1
, as last amended by Laws of Utah 2019, Chapter 92
ENACTS:
53-6-401
, Utah Code Annotated 1953
53-6-402
, Utah Code Annotated 1953
53-6-403
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
18-1-1
 is amended to read:
18-1-1.
Liability and damages for dog injury -- Dogs used in law enforcement.
(1) (a) Except as provided in Subsection (2), a person who owns or keeps a dog is
liable for an injury caused by the dog, regardless of whether:
(i) the dog is vicious or mischievous; or
(ii) the owner knows the dog is vicious or mischievous.
(b) Damages for an injury described in Subsection (1)(a) shall be determined in
accordance with Section 
78B-5-818
.
(2) Neither the state nor any county, city, metro township, or town in the state nor any
peace officer employed by the state, a county, a city, a metro township, or a town shall be liable
in damages for an injury caused by a dog, if:
(a) the dog [
has been trained
] 
and the dog's law enforcement handler are trained
 to
assist in law enforcement[
;
] and 
are certified according to the standards adopted in Title 53,
Chapter 6, Part 4, Law Enforcement Canine Team Certification Act;
(b) the governmental agency has adopted a written policy on the necessary and
appropriate use of dogs in official law enforcement duties;
(c) the actions of the dog's handler do not violate the agency's written policy; and
[
(b)
] 
(d)
 the injury occurs while the dog is reasonably and carefully being used in the
apprehension, arrest, or location of a suspected offender or in maintaining or controlling the
public order.
Section 2. Section 
53-6-401
 is enacted to read:
Part 4. Law Enforcement Canine Team Certification Act
 53-6-401.
Definitions.
As used in this part:
(1) "Council" means the Peace Officer Standards and Training Council created in
Section 
53-6-106
.
(2) "Qualifying canine certifying entity" means an entity that certifies law enforcement
canines and law enforcement canine handlers in accordance with the standards developed under
Section 
53-6-403
.
Section 3. Section 
53-6-402
 is enacted to read:
 53-6-402.
Law enforcement canine and handler certification.
(1) Each law enforcement canine in the state shall be initially certified and annually
recertified by a qualifying canine certifying entity.
(2) Each law enforcement canine handler in the state shall be initially certified and
annually recertified by a qualifying canine certifying entity.
Section 4. Section 
53-6-403
 is enacted to read:
 53-6-403.
Canine and handler certification standards and criteria--Rules.
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
council shall establish and maintain required standards for the training, certification, and
recertification of:
(1) law enforcement canines; and
(2) law enforcement canine handlers.