Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 1004 (2021S1)

Sponsor

Sen. Mayne, K.

Final action

Governor Signed 5/28/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends requirements a non-citizen applicant is required to meet to become a peace officer or dispatcher; and
• makes technical changes.

Every vote on this bill

Bill text

PEACE OFFICER TRAINING QUALIFICATIONS
AMENDMENTS
FIRST SPECIAL SESSION
STATE OF UTAH
Chief Sponsor: Karen Mayne
House Sponsor: 
Paul Ray
LONG TITLE
General Description:
This bill amends requirements for certain peace officer and dispatcher applicants.
Highlighted Provisions:
This bill:
▸ amends requirements a non-citizen applicant is required to meet to become a peace
officer or dispatcher; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
17-30-7
, as enacted by Statewide Initiative A, Nov. 8, 1960
17-30a-303
, as enacted by Laws of Utah 2014, Chapter 366
53-6-203
, as last amended by Laws of Utah 2021, Chapter 233
53-6-302
, as last amended by Laws of Utah 2021, Chapter 233
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
17-30-7
 is amended to read:
17-30-7.
Disqualification of applicant for examination -- Appeal to commission.
(1) The commission shall disqualify an applicant for examination who:
(a) [
Does
] 
does
 not meet advertised qualifications[
.
]
;
(b) [
Has
] 
has
 been convicted of a criminal offense inimical to the public service, or
involving moral turpitude[
.
]
;
(c) [
Has
] 
has
 practiced or attempted deception or fraud in [
his
] 
the applicant's
application or examination, or in securing eligibility for appointment[
.
]
; or
(d) [
Is
] 
is
 not
:
(i)
 a citizen of the United States[
.
]
; or
(ii) a lawful permanent resident of the United States who:
(A) has been in the United States legally for the five years immediately before the day
on which the application is made; and
(B) has legal authorization to work in the United States.
(2) If an applicant is rejected, [
he
] 
the applicant
 shall be notified by mail at [
his
] 
the
applicant's
 last known address.
(3)
 At any time [
prior to the date of
] 
before the day on which the
 examination 
is held,
an applicant may correct a defect in [
his
] 
the applicant's
 application, or appeal in writing to the
commission.
Section 2. Section 
17-30a-303
 is amended to read:
17-30a-303.
Disqualification of applicant for examination -- Appeal to
commission.
(1) In accordance with this section and rules adopted by the commission, an applicant
may be disqualified if the applicant:
(a) does not meet minimum qualifications;
(b) has been convicted of a criminal offense inimical to the public service or involving
moral turpitude;
(c) has practiced or attempted deception or fraud in the application or examination
process or in securing eligibility for appointment; or
(d) is not
:
(i)
 a citizen of the United States[
.
]
; or
(ii) a lawful permanent resident of the United States who:
(A) has been in the United States legally for the five years immediately before the day
on which the application is made; and
(B) has legal authorization to work in the United States.
(2) If an applicant is rejected, the applicant shall be promptly notified.
(3) At any time [
prior to the date of
] 
before the day on which the
 examination 
is held
,
an applicant may correct a defect in the applicant's application.
(4) An applicant may file a written appeal regarding the application process with the
commission at any time before the [
date of the exam
] 
day on which the examination is held
.
Section 3. 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 either:
(i) a United States citizen; or
(ii) a lawful 
permanent
 resident of the United States who:
(A) has been in the United States legally for [
at least
] 
the
 five years 
immediately before
the day on which the application is made
; and
(B) has legal authorization to work in the United States;
(b) be at least:
(i) 21 years old at the time of certification as a special function officer; or
(ii) as of July 1, 2019, 19 years 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;
(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
] 
under
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 4. 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 either:
(i) a United States citizen; or
(ii) a lawful 
permanent
 resident of the United States who:
(A) has been in the United States legally for [
at least
] 
the
 five years 
immediately before
the day on which the application is made
; and
(B) has legal authorization to work in the United States;
(b) be 18 years 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;
(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
] 
under
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 5. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.