Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 191 Second Substitute (2021GS)

Sponsor

Sen. Bramble, C.

Final action

Governor Signed 3/17/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• addresses disciplinary charges against a peace officer;
• addresses the regulation and authority of a law enforcement agency established by a private institution of higher education;
• establishes a process and requirements for certification of a law enforcement agency established by a private institution of higher education (a private law enforcement agency);
• describes the authority of a private law enforcement agency;
• describes policy and procedure requirements for a private law enforcement agency;
• provides for access to records of, and periodic audits of, a private law enforcement agency;
• provides for enforcement of the provisions of this bill, including informal and formal action;
• establishes due process procedures for taking formal action against a private law enforcement agency, including placing the private law enforcement agency on probation or revoking a private law enforcement agency's certification; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

LAW ENFORCEMENT MODIFICATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Curtis S. Bramble
House Sponsor: 
Candice B. Pierucci
LONG TITLE
General Description:
This bill amends provisions relating to law enforcement.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ addresses disciplinary charges against a peace officer;
▸ addresses the regulation and authority of a law enforcement agency established by a
private institution of higher education;
▸ establishes a process and requirements for certification of a law enforcement agency
established by a private institution of higher education (a private law enforcement
agency);
▸ describes the authority of a private law enforcement agency;
▸ describes policy and procedure requirements for a private law enforcement agency;
▸ provides for access to records of, and periodic audits of, a private law enforcement
agency;
▸ provides for enforcement of the provisions of this bill, including informal and
formal action;
▸ establishes due process procedures for taking formal action against a private law
enforcement agency, including placing the private law enforcement agency on
probation or revoking a private law enforcement agency's certification; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
17-30a-403
, as enacted by Laws of Utah 2014, Chapter 366
53-1-102
, as last amended by Laws of Utah 2019, Chapter 280
53-13-103
, as last amended by Laws of Utah 2019, Chapter 280
ENACTS:
53-19-101
, Utah Code Annotated 1953
53-19-102
, Utah Code Annotated 1953
53-19-103
, Utah Code Annotated 1953
53-19-201
, Utah Code Annotated 1953
53-19-202
, Utah Code Annotated 1953
53-19-203
, Utah Code Annotated 1953
53-19-204
, Utah Code Annotated 1953
53-19-301
, Utah Code Annotated 1953
53-19-302
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
17-30a-403
 is amended to read:
17-30a-403.
Disciplinary charges -- Appeal to commission -- Hearing -- Findings.
(1) The appointing authority:
(a) may impose disciplinary charges in accordance with a rule, policy, ordinance, or
law; and
(b) shall serve the merit system officer to be disciplined with a copy of the written
charges.
(2) (a) A disciplined merit system officer may file an appeal of the disciplinary charges
with the department, which shall conduct the appeal internally.
(b) The department shall conduct an appeal in accordance with rules or policies
adopted by the appointing authority.
(3) If the disciplinary charges are sustained on internal appeal, the merit system officer
may appeal to the commission in accordance with the provisions of this section and
commission rule.
(4) (a) A merit system officer disciplined in accordance with Subsection (1) may,
within 10 calendar days after the internal department appeal decision described in Subsection
(2), make an appeal in writing to the commission.
(b) If the merit system officer fails to make an internal appeal of the disciplinary action,
the officer may not appeal to the commission.
(5) The commission may hear appeals regarding demotion, reduction in pay,
suspension, or discharge of a merit system officer for any cause provided in Section
17-30a-402
.
[
(6) In the absence of an appeal, a copy of the charges under Subsection (1) may not be
made public without the consent of the officer charged.
]
[
(7)
] 
(6)
 (a) The commission shall:
(i) fix a time and place for a hearing on the appeal; and
(ii) give notice of the hearing to the parties.
(b) (i) Except as provided in Subsection [
(7)
] 
(6)
(b)(ii), the commission shall hold a
hearing under this Subsection [
(7)
] 
(6)
 no less than 10 and no more than 90 days after an appeal
is filed.
(ii) The commission may hold a hearing more than 90 days after an appeal is filed if:
(A) the parties agree; or
(B) the commission finds that the delay is for good cause.
[
(8)
] 
(7)
 (a) The commission shall hold the hearing in accordance with Title 52,
Chapter 4, Open and Public Meetings Act.
(b) Notwithstanding Subsection [
(8)
] 
(7)
(a), if the commission proposes to and is
authorized to close the hearing to the public in accordance with Title 52, Chapter 4, Open and
Public Meetings Act, the commission shall open the meeting to the public if the aggrieved
officer requests that the commission open the hearing.
[
(9)
] 
(8)
 The parties may be represented by counsel at the hearing.
[
(10)
] 
(9)
 The commission, on its own motion or at the request of the appointing
authority, may dismiss an appeal for unjustified delay, removal to a court or other venue, or for
other good cause shown.
[
(11)
] 
(10)
 In resolving an appeal, the commission may sustain, modify, or vacate a
decision of the appointing authority.
[
(12)
] 
(11)
 After the hearing, the commission shall publish a written decision,
including findings of fact and conclusions of law, and shall notify each party.
Section 2. Section 
53-1-102
 is amended to read:
53-1-102.
Definitions.
(1) As used in this title:
(a) "Commissioner" means the commissioner of public safety appointed under Section
53-1-107
.
(b) "Department" means the Department of Public Safety created in Section 
53-1-103
.
(c) "Law enforcement agency" means an entity or division of:
(i) (A) the federal government, a state, or a political subdivision of a state;
(B) a state institution of higher education; or
(C) a private institution of higher education, if the entity or division [
has been
] 
is
certified by the commissioner 
under Title 53, Chapter 19, Certification of Private Law
Enforcement Agency
; and
(ii) that exists primarily to prevent and detect crime and enforce criminal laws, statutes,
and ordinances.
(d) "Law enforcement officer" means the same as that term is defined in Section
53-13-103
.
(e) "Motor vehicle" means every self-propelled vehicle and every vehicle propelled by
electric power obtained from overhead trolley wires, but not operated upon rails, except
motorized wheel chairs and vehicles moved solely by human power.
(f) "Peace officer" means any officer certified in accordance with Title 53, Chapter 13,
Peace Officer Classifications.
(g) "State institution of higher education" means the same as that term is defined in
Section 
53B-3-102
.
(h) "Vehicle" means every device in, upon, or by which any person or property is or
may be transported or drawn upon a highway, excepting devices used exclusively upon
stationary rails or tracks.
(2) The definitions provided in Subsection (1) are to be applied throughout this title in
addition to definitions that are applicable to specific chapters or parts.
Section 3. Section 
53-13-103
 is amended to read:
53-13-103.
Law enforcement officer.
(1) (a) "Law enforcement officer" means a sworn and certified peace officer:
(i) who is an employee of a law enforcement agency; and
(ii) whose primary and principal duties consist of the prevention and detection of crime
and the enforcement of criminal statutes or ordinances of this state or any of its political
subdivisions.
(b) "Law enforcement officer" includes the following:
(i) [
any
] 
a
 sheriff or deputy sheriff, chief of police, police officer, or marshal of any
county, city, or town;
(ii) the commissioner of public safety and any member of the Department of Public
Safety certified as a peace officer;
(iii) all persons specified in Sections 
23-20-1.5
 and 
79-4-501
;
(iv) [
any
] 
a
 police officer employed by [
any college or university
] 
a state institution of
higher education
;
(v) investigators for the Motor Vehicle Enforcement Division;
(vi) investigators for the Department of Insurance, Fraud Division;
(vii) special agents or investigators employed by the attorney general, district attorneys,
and county attorneys;
(viii) employees of the Department of Natural Resources designated as peace officers
by law;
(ix) school district police officers as designated by the board of education for the
school district;
(x) the executive director of the Department of Corrections and any correctional
enforcement or investigative officer designated by the executive director and approved by the
commissioner of public safety and certified by the division;
(xi) correctional enforcement, investigative, or adult probation and parole officers
employed by the Department of Corrections serving on or before July 1, 1993;
(xii) members of a law enforcement agency established by a private college or
university [
provided that the college or university has been
] 
if the agency is
 certified by the
commissioner [
of public safety according to rules of the Department of Public Safety
] 
under
Title 53, Chapter 19, Certification of Private Law Enforcement Agency
;
(xiii) airport police officers of any airport owned or operated by the state or any of its
political subdivisions; and
(xiv) transit police officers designated under Section 
17B-2a-822
.
(2) Law enforcement officers may serve criminal process and arrest violators of any
law of this state and have the right to require aid in executing their lawful duties.
(3) (a) A law enforcement officer has statewide full-spectrum peace officer authority,
but the authority extends to other counties, cities, or towns only when the officer is acting
under Title 77, Chapter 9, Uniform Act on Fresh Pursuit, unless the law enforcement officer is
employed by the state.
(b) (i) A local law enforcement agency may limit the jurisdiction in which its law
enforcement officers may exercise their peace officer authority to a certain geographic area.
(ii) Notwithstanding Subsection (3)(b)(i), a law enforcement officer may exercise
authority outside of the limited geographic area, pursuant to Title 77, Chapter 9, Uniform Act
on Fresh Pursuit, if the officer is pursuing an offender for an offense that occurred within the
limited geographic area.
(c) The authority of law enforcement officers employed by the Department of
Corrections is regulated by Title 64, Chapter 13, Department of Corrections - State Prison.
(4) A law enforcement officer shall, prior to exercising peace officer authority:
(a) (i) have satisfactorily completed the requirements of Section 
53-6-205
; or
(ii) have met the waiver requirements in Section 
53-6-206
; and
(b) have satisfactorily completed annual certified training of at least 40 hours per year
as directed by the director of the division, with the advice and consent of the council.
Section 4. Section 
53-19-101
 is enacted to read:
CHAPTER 19. CERTIFICATION OF PRIVATE LAW ENFORCEMENT 
AGENCY
Part 1. General Provisions
 53-19-101.
Title.
This chapter is known as "Certification of Private Law Enforcement Agency."
Section 5. Section 
53-19-102
 is enacted to read:
 53-19-102.
Definitions.
As used in this chapter:
(1) "Division" means the Peace Officer Standards and Training Division created in
Section 
53-6-103
.
(2) "Formal action" against a private law enforcement agency includes:
(a) placing a private law enforcement agency on probation;
(b) extending the probation of a private law enforcement agency; or
(c) revoking the certification of a private law enforcement agency.
(3) "Informal action" against a private law enforcement agency includes:
(a) an oral or written warning;
(b) a written reprimand; or
(c) a written order to remedy noncompliance with a provision of this chapter, which
may include a deadline for compliance and verification of compliance.
(4) "Private law enforcement agency" means a law enforcement agency operated by,
and at, a private institution of higher education.
Section 6. Section 
53-19-103
 is enacted to read:
 53-19-103.
Rulemaking authority.
The commissioner shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, establishing:
(1) the forms and process to apply for certification of a private law enforcement
agency;
(2) methods for the commissioner, the department, or the division to obtain, review,
use, and protect, any and all records of, or directly related to, a private law enforcement agency;
(3) requirements for the conduct of a formal hearing under Part 3, Enforcement,
including requirements for proceedings, discovery, subpoenas, and witnesses;
(4) requirements for verifying compliance with the terms of probation;
(5) audit procedures;
(6) requirements for the contents of a policies and procedures manual of a private law
enforcement agency; and
(7) requirements for the operation of a private law enforcement agency.
Section 7. Section 
53-19-201
 is enacted to read:
Part 2. Private Law Enforcement Agencies
 53-19-201.
Certification of private law enforcement agency.
(1) A private institution of higher education may operate a private law enforcement
agency if the private law enforcement agency is certified by the commissioner.
(2) A private law enforcement agency certified before May 5, 2021:
(a) is not required to apply for an initial certification under Subsection (4); and
(b) retains the private law enforcement agency's certification, unless the commissioner
revokes the certification in accordance with this chapter.
(3) A private law enforcement agency that is not certified before May 5, 2021:
(a) is required to apply for initial certification under Subsection (4); and
(b) retains the private law enforcement agency's certification, unless the commissioner
revokes the certification in accordance with this chapter.
(4) To receive initial certification for a private law enforcement agency, the private
institution of higher education seeking the certification shall submit to the department an
application for certification, designed by the department, that includes:
(a) a description of the proposed private law enforcement agency, including the number
of officers that the private law enforcement agency intends to initially employ;
(b) the command structure for the proposed private law enforcement agency;
(c) the private law enforcement agency's proposed policies and procedures manual; and
(d) any other information required by the commissioner, by a rule described in Section
53-19-103
.
(5) The department shall, within 90 days after the day on which the department
receives a completed application for certification described in Subsection (4), grant or deny the
application.
(6) The commissioner shall:
(a) grant an application for certification of a private law enforcement agency, if:
(i) the application is complete;
(ii) the proposed policies and procedures manual complies with Section 
53-19-203
,
including the rules described in Section 
53-19-103
;
(iii) the proposed private law enforcement agency will be organized and operated in a
manner that is consistent with the requirements of law, the requirements of administrative
rules, and best practices; and
(iv) the private institution of higher education submitting the application has never had
certification of a private law enforcement agency revoked by the commissioner; and
(b) advise and consult with the applicant to cure any barriers to obtaining certification.
(7) The commissioner shall grant an application for certification of a private law
enforcement agency whose certification was previously revoked if:
(a) the private institution of higher education applying for certification:
(i) complies with the provisions described in Subsections (6)(a)(i) through (iii); and
(ii) proves, by clear and convincing evidence, that the reasons for the previous
revocation will not reoccur; and
(b) the application is filed at least one year after the day on which the certification was
revoked.
Section 8. Section 
53-19-202
 is enacted to read:
 53-19-202.
Authority of private law enforcement agency -- Requirements --
Delegation of internal investigation.
(1) A certified private law enforcement agency may function as a law enforcement
agency under the authority of the state, within the confines of the campus of the private
institution of higher education, to:
(a) prevent, detect, and investigate crime; and
(b) enforce traffic laws and criminal statutes and ordinances.
(2) The authority of a private law enforcement agency does not extend beyond the
confines of the campus of the private institution of higher education, except as
provided:
(a) under Subsection 
53-13-103
(3); or
(b) pursuant to an interagency agreement with another law enforcement agency.
(3) A private law enforcement agency shall:
(a) comply with:
(i) the requirements of this chapter;
(ii) rules made under Section 
53-19-103
; and
(iii) all other requirements of state and federal law;
(b) comply with and enforce the provisions of Sections 
53-6-209
, 
53-6-211
, 
53-6-307
,
and 
53-6-309
;
(c) only employ peace officers and dispatchers who are certified under this title;
(d) if the private law enforcement agency is placed on probation, comply with
requirements imposed during the period of probation;
(e) provide any and all records of, or directly related to, the private law enforcement
agency that are requested by the commissioner, the department, or the division; and
(f) cooperate with an audit described in Section 
53-19-204
.
(4) The chief of a private law enforcement agency may, with the consent of the
commissioner, delegate the duty to conduct an administrative or internal investigation under
Section 
53-6-211
 to the commissioner or the commissioner's designee if:
(a) the chief requests the commissioner's consent in writing; and
(b) the request is made to avoid:
(i) an actual or potential conflict of interest; or
(ii) an actual or potential allegation of bias.
(5) If the commissioner or the commissioner's designee conducts an administrative or
internal investigation under Subsection (4), the commissioner or the commissioner's designee
shall report the findings of the investigation to:
(a) the division, in accordance with Section 
53-6-211
;
(b) the private law enforcement agency; and
(c) the commissioner, if the investigation is conducted by a designee of the
commissioner.
Section 9. Section 
53-19-203
 is enacted to read:
 53-19-203.
Policies and procedures -- Approval -- Modification.
(1) A private law enforcement agency shall:
(a) develop a policies and procedures manual that:
(i) includes clear definitions and clearly and fully explains the policies and procedures;
(ii) complies with the requirements of law and administrative rules;
(iii) reflects best practices for a private law enforcement agency; and
(iv) includes all policies and procedures of the private law enforcement agency;
(b) review, and revise and update as needed, the policies and procedures manual on at
least an annual basis; and
(c) maintain, and uniformly apply and enforce, the policies and procedures contained in
the manual.
(2) A private law enforcement agency shall:
(a) if the private law enforcement agency was certified before May 5, 2021, submit the
private law enforcement agency's policies and procedures manual to the commissioner for
approval:
(i) on or before July 1, 2021;
(ii) beginning in 2022, on an annual basis; and
(iii) in addition to the times described in Subsections (2)(a)(i) and (ii), within 14 days
after the day on which the commissioner submits a written request for a copy of the manual; or
(b) if the private law enforcement agency is certified on or after May 5, 2021, submit
the private law enforcement agency's policies and procedures manual:
(i) for initial approval in accordance with Subsection 
53-19-201
(4)(c);
(ii) on an annual basis; and
(iii) in addition to the times described in Subsections (2)(b)(i) and (ii), within 14 days
after the day on which the commissioner submits a written request for a copy of the manual.
Section 10. Section 
53-19-204
 is enacted to read:
 53-19-204.
Audits.
(1) The commissioner or the commissioner's designee may conduct periodic audits of a
private law enforcement agency to ensure compliance with the requirements of this chapter.
(2) The legislative auditor general or the state auditor may conduct an audit of a private
law enforcement agency.
(3) A private law enforcement agency shall fully cooperate with an audit conducted
under this section.
Section 11. Section 
53-19-301
 is enacted to read:
Part 3. Enforcement
 53-19-301.
Violation by private law enforcement agency -- Action by
commissioner.
(1) If a private law enforcement agency is in violation of, or has violated, a provision
of this chapter, the commissioner may:
(a) take informal action to remedy the violation;
(b) place the private law enforcement agency on probation if the violation is a material
violation; or
(c) revoke the certification of the private law enforcement agency if:
(i) the violation is so egregious that it constitutes a violation of public trust;
(ii) (A) the violation is a material violation;
(B) the private law enforcement agency has committed the same violation on a
previous occasion; and
(C) the private law enforcement agency was placed probation or had the certification of
the private law enforcement agency revoked for the same violation; or
(iii) after committing a material violation:
(A) the commissioner provides the private law enforcement agency with a written
notice described in Subsection (2); and
(B) after the commissioner complies with Subsection (1)(c)(iii)(A), the private law
enforcement agency commits the same violation or fails to take the corrective action described
in the written notice described in Subsection (2).
(2) The written notice required under Subsection (1)(c)(iii)(A) shall include:
(a) a detailed description of the violation;
(b) a statement that the violation constitutes a material violation;
(c) a detailed description of the action the private law enforcement agency is required
to take to remedy the violation; and
(d) a specified, reasonable deadline for taking the action required to remedy the
violation.
(3) If a private law enforcement agency on probation is in violation of, or has violated,
a material provision of probation, the commissioner may:
(a) take informal action to remedy the violation;
(b) extend an existing period of probation; or
(c) revoke the certification of the private law enforcement agency.
(4) If the commissioner takes action to revoke the certification of a private law
enforcement agency, the certification remains in effect until all timely challenges or appeals are
concluded and the action of the commissioner becomes final.
(5) The certification of a private law enforcement agency remains in effect while the
private law enforcement agency is on probation, unless the certification is revoked in
accordance with the provisions of this chapter.
Section 12. Section 
53-19-302
 is enacted to read:
 53-19-302.
Formal action against a private law enforcement agency.
(1) If the commissioner determines that a private law enforcement agency violated a
provision of this chapter or a requirement of probation, the commissioner may take formal
action against the private law enforcement agency in accordance with this section.
(2) Before placing a private law enforcement agency on probation or extending the
existing probation period, the commissioner shall provide written notice to the private law
enforcement agency that the commissioner intends to take formal action against the private law
enforcement agency, that includes:
(a) a statement that the commissioner intends to place the private law enforcement
agency on probation or extend an existing period of probation;
(b) a description of the material violations upon which the formal action is based;
(c) a description of the probation period or extended probation period;
(d) a description of the terms of probation;
(e) a statement that the private law enforcement agency has the right to request a
formal hearing on the action before an administrative law judge selected by the commissioner;
and
(f) information regarding the process and deadline for requesting a hearing.
(3) Within 30 days after the day on which the commissioner provides the notice
described in Subsection (2), the private law enforcement agency may request a formal hearing
before an administrative law judge selected by the commissioner by submitting the request, in
writing, to the commissioner.
(4) If the private law enforcement agency fails to timely request a formal hearing under
Subsection (3):
(a) the commissioner may take the action described in Subsection (2)(a); and
(b) the action of the commissioner is final.
(5) If a private law enforcement agency timely requests a formal hearing under
Subsection (3), an administrative law judge shall conduct a formal hearing on the action in
accordance with Title 63G, Chapter 4, Administrative Procedures Act.
(6) The formal hearing shall be recorded and shall address the issue of whether the
private law enforcement agency committed the violations included in the notice described in
Subsection (2)(b).
(7) If, after the hearing, the administrative law judge issues findings of fact and
conclusions of law stating that there is sufficient evidence to demonstrate that the private law
enforcement agency committed one or more of the material violations included in the notice
described in Subsection (2)(b), the commissioner shall review the findings and may:
(a) place the private law enforcement agency on probation; or
(b) extend an existing period of probation.
(8) If the administrative law judge finds that there is insufficient evidence to
demonstrate that the private law enforcement agency committed any of the violations included
in the notice described in Subsection (2)(b), the administrative law judge shall dismiss the
formal action sought by the commissioner.
(9) A private law enforcement agency may appeal the decision of the administrative
law judge and the action taken by the commissioner under Subsection (7), under Title 63G,
Chapter 4, Part 4, Judicial Review.
(10) The commissioner may appeal the decision of the administrative law judge under
Title 63G, Chapter 4, Part 4, Judicial Review.
(11) Before revoking the certification of a private law enforcement agency, the
commissioner shall provide written notice to the private law enforcement agency that the
commissioner intends to take formal action against the private law enforcement agency, that
includes:
(a) a statement that the commissioner intends to revoke the certification of the private
law enforcement agency;
(b) the date that the revocation is scheduled to occur, which date may not be sooner
than 180 days after the day on which the commissioner provides the notice described in this
Subsection (11);
(c) a detailed description of the violations upon which the formal action is based;
(d) a description of the basis, described in Subsection 
53-19-301
(1)(c), for seeking
revocation of the private law enforcement agency's certification; and
(e) a statement that the private law enforcement agency has the right to demand a
judicial determination on the issue of revocation by filing an action in the third district court
within 30 days after the day on which the commissioner provides the notice described in this
Subsection (11).
(12) If the private law enforcement agency fails to file an action described in
Subsection (11)(a) in the third district court within 30 days after the day on which the
commissioner provides the notice described in Subsection (11), the private law enforcement
agency's certification is revoked on the date described in Subsection (11)(b).
(13) If the private law enforcement agency timely files an action described in
Subsection (11)(e), the district court:
(a) shall allow discovery, and otherwise conduct the proceedings, in accordance with
the Utah Rules of Civil Procedure;
(b) shall conduct the proceedings as a new action and not as an appellate review;
(c) shall require that the commissioner prove, by a preponderance of the evidence, that
the violations described in Subsection (11)(c) occurred;
(d) shall require that, if the court finds that one or more the violations described in
Subsection (11)(c) occurred, the commissioner prove, by a preponderance of the evidence, that
the violations proven constitute sufficient grounds, under Subsection 
53-19-301
(1)(c), to
revoke certification; and
(e) may not grant any deference to the decisions or findings of the commissioner.
(14) The court shall order revocation of the certification of the private law enforcement
agency if the court finds that:
(a) one or more the violations described in Subsection (11)(c) occurred; and
(b) the violations that occurred constitute sufficient grounds, under Subsection
53-19-301
(1)(c), to revoke certification.
(15) The court may order that the commissioner may place the private law enforcement
agency on probation or extend an existing period of probation, if the court finds that:
(a) one or more violations described in Subsection (11)(c) occurred; and
(b) the violations do not constitute sufficient grounds, under Subsection
53-19-301
(1)(c), to revoke certification.