Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 102 First Substitute (2021GS)

Sponsor

Sen. Mayne, K.

Final action

Governor Signed 3/16/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• permits lawful permanent residents who meet certain requirements to apply to become peace officers or dispatchers.

Every vote on this bill

Bill text

PEACE OFFICER TRAINING QUALIFICATIONS
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karen Mayne
House Sponsor: 
Paul Ray
LONG TITLE
General Description:
This bill permits some lawful permanent residents to apply to become peace officers or
dispatchers.
Highlighted Provisions:
This bill:
▸ permits lawful permanent residents who meet certain requirements to apply to
become peace officers or dispatchers.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-6-203
, as last amended by Laws of Utah 2019, Chapter 90
53-6-302
, as last amended by Laws of Utah 2011, Chapter 258
63I-1-253
, as last amended by Laws of Utah 2020, Chapters 154, 174, 214, 234, 242,
269, 335, and 354
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-6-203
 is amended to read:
53-6-203.
Applicants for admission to training programs or for certification
examination -- Requirements.
(1) Before being accepted for admission to the training programs conducted by a
certified academy, and before being allowed to take a certification examination, each applicant
for admission or certification examination shall meet the following requirements:
[
(a) be a United States citizen;
]
(a) be either:
(i) a United States citizen; or
(ii) a lawful resident of the United States who:
(A) has been in the United States legally for at least five years; and
(B) has legal authorization to work in the United States;
(b) be at least:
(i) 21 years [
of age
] 
old
 at the time of certification as a special function officer; or
(ii) as of July 1, 2019, 19 years [
of age
] 
old
 at the time of certification as a correctional
officer;
(c) be a high school graduate or furnish evidence of successful completion of an
examination indicating an equivalent achievement;
(d) have not been convicted of a crime for which the applicant could have been
punished by imprisonment in a federal penitentiary or by imprisonment in the penitentiary of
this or another state;
(e) have demonstrated good moral character, as determined by a background
investigation; [
and
]
(f) be free of any physical, emotional, or mental condition that might adversely affect
the performance of the applicant's duties as a peace officer[
.
]
; and
(g) meet all other standards required by POST.
(2) (a) An application for admission to a training program shall be accompanied by a
criminal history background check of local, state, and national criminal history files and a
background investigation.
(b) The costs of the background check and investigation shall be borne by the applicant
or the applicant's employing agency.
(3) (a) Notwithstanding any expungement statute or rule of any other jurisdiction, any
conviction obtained in this state or other jurisdiction, including a conviction that has been
expunged, dismissed, or treated in a similar manner to either of these procedures, may be
considered for purposes of this section.
(b) This provision applies to convictions entered both before and after the effective
date of this section.
(4) Any background check or background investigation performed pursuant to the
requirements of this section shall be to determine eligibility for admission to training programs
or qualification for certification examinations and may not be used as a replacement for any
background investigations that may be required of an employing agency.
(5) An applicant shall be considered to be of good moral character under Subsection
(1)(e) if the applicant has not engaged in conduct that would be a violation of Subsection
53-6-211
(1).
(6) An applicant seeking certification as a law enforcement officer, as defined in
Section 
53-13-103
, shall be qualified to possess a firearm under state and federal law.
Section 2. Section 
53-6-302
 is amended to read:
53-6-302.
Applicants for certification examination -- Requirements.
(1) Before being allowed to take a dispatcher certification examination, each applicant
shall meet the following requirements:
[
(a) be a United States citizen;
]
(a) be either:
(i) a United States citizen; or
(ii) a lawful resident of the United States who:
(A) has been in the United States legally for at least five years; and
(B) has legal authorization to work in the United States;
(b) be 18 years [
of age
] 
old
 or older at the time of employment as a dispatcher;
(c) be a high school graduate or have a G.E.D. equivalent;
(d) have not been convicted of a crime for which the applicant could have been
punished by imprisonment in a federal penitentiary or by imprisonment in the penitentiary of
this or another state;
(e) have demonstrated good moral character, as determined by a background
investigation; [
and
]
(f) be free of any physical, emotional, or mental condition that might adversely affect
the performance of the applicant's duty as a dispatcher[
.
]
; and
(g) meet all other standards required by POST.
(2) (a) An application for certification shall be accompanied by a criminal history
background check of local, state, and national criminal history files and a background
investigation.
(b) The costs of the background check and investigation shall be borne by the applicant
or the applicant's employing agency.
(3) (a) Notwithstanding Title 77, Chapter 40, Utah Expungement Act, regarding
expungements, or a similar statute or rule of any other jurisdiction, any conviction obtained in
this state or other jurisdiction, including a conviction that has been expunged, dismissed, or
treated in a similar manner to either of these procedures, may be considered for purposes of this
section.
(b) Subsection (3)(a) applies to convictions entered both before and after May 1, 1995.
(4) Any background check or background investigation performed pursuant to the
requirements of this section shall be to determine eligibility for admission to training programs
or qualification for certification examinations and may not be used as a replacement for any
background investigations that may be required of an employing agency.
(5) An applicant is considered to be of good moral character under Subsection (1)(e) if
the applicant has not engaged in conduct that would be a violation of Subsection 
53-6-309
(1).
Section 3. Section 
63I-1-253
 is amended to read:
63I-1-253.
Repeal dates, Titles 53 through 53G.
(1) Section 
53-2a-105
, which creates the Emergency Management Administration
Council, is repealed July 1, 2021.
(2) Sections 
53-2a-1103
 and 
53-2a-1104
, which create the Search and Rescue Advisory
Board, are repealed July 1, 2022.
(3) Section 
53-5-703
, which creates the Concealed Firearm Review Board, is repealed
July 1, 2023.
(4) Subsection 
53-6-203
(1)(b)(ii), regarding being 19 years old at certification, is
repealed July 1, 2027.
(5) Subsection 
53-13-104
(6)(a), regarding being 19 years old at certification, is
repealed July 1, 2027.
(6) Section 
53B-6-105.5
, which creates the Technology Initiative Advisory Board, is
repealed July 1, 2024.
(7) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
(8) Section 
53B-17-1203
, which creates the SafeUT and School Safety Commission, is
repealed January 1, 2025.
(9) Section 
53B-18-1501
 is repealed July 1, 2021.
(10) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1, 2028.
(11) Title 53B, Chapter 24, Part 4, Rural Residency Training Program, is repealed July
1, 2025.
(12) Subsection 
53C-3-203
(4)(b)(vii), which provides for the distribution of money
from the Land Exchange Distribution Account to the Geological Survey for test wells and other
hydrologic studies in the West Desert, is repealed July 1, 2030.
(13) Section 
53E-3-515
 is repealed January 1, 2023.
(14) In relation to a standards review committee, on January 1, 2023:
(a) in Subsection 
53E-4-202
(8), the language "by a standards review committee and the
recommendations of a standards review committee established under Section 
53E-4-203
" is
repealed; and
(b) Section 
53E-4-203
 is repealed.
(15) Subsections 
53E-3-503
(5) and (6), which create coordinating councils for youth in
custody, are repealed July 1, 2027.
(16) Section 
53E-4-402
, which creates the State Instructional Materials Commission, is
repealed July 1, 2022.
(17) Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory Commission, is
repealed July 1, 2023.
(18) Subsection 
53E-8-204
(4), which creates the advisory council for the Utah Schools
for the Deaf and the Blind, is repealed July 1, 2021.
[
(19) Section 
53F-2-514
 is repealed July 1, 2020.
]
[
(20)
] 
(19)
 Section 
53F-5-203
 is repealed July 1, 2024.
[
(21)
] 
(20)
 Section 
53F-5-212
 is repealed July 1, 2024.
[
(22)
] 
(21)
 Section 
53F-5-213
 is repealed July 1, 2023.
[
(23)
] 
(22)
 Section 
53F-5-214
, in relation to a grant for professional learning, is
repealed July 1, 2025.
[
(24)
] 
(23)
 Section 
53F-5-215
, in relation to an elementary teacher preparation grant is
repealed July 1, 2025.
[
(25)
] 
(24)
 Subsection 
53F-9-203
(7), which creates the Charter School Revolving
Account Committee, is repealed July 1, 2024.
[
(26)
] 
(25)
 Section 
53F-9-501
 is repealed January 1, 2023.
[
(27)
] 
(26)
 Subsections 
53G-4-608
(2)(b) and (4)(b), related to the Utah Seismic Safety
Commission, are repealed January 1, 2025.
[
(28)
] 
(27)
 Subsection 
53G-8-211
(5), regarding referrals of a minor to court for a class
C misdemeanor, is repealed July 1, 2022.