Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 73 First Substitute (2022GS)

Sponsor

Rep. Stoddard, A.

Final action

House/ filed 3/4/2022

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• allows the council to take certain action if a peace officer violates minimum use of force standards; and
• makes technical changes.

Every vote on this bill

Bill text

POST CERTIFICATION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Andrew Stoddard
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill modifies the authority of the Peace Officer Standards and Training Council
(council) in relation to certain peace officer misconduct.
Highlighted Provisions:
This bill:
▸ allows the council to take certain action if a peace officer violates minimum use of
force standards; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-6-211
, as last amended by Laws of Utah 2021, Chapters 96 and 311
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-6-211
 is amended to read:
53-6-211.
Suspension or revocation of certification -- Right to a hearing --
Grounds -- Notice to employer -- Reporting -- Judicial appeal.
(1) The council has the authority to issue a Letter of Caution, or suspend or revoke the
certification of a peace officer, if the peace officer:
(a) willfully falsifies any information to obtain certification;
(b) has any physical or mental disability affecting the peace officer's ability to perform
duties;
(c) engages in conduct constituting a state or federal criminal offense, but not including
a traffic offense that is a class C misdemeanor or infraction;
(d) refuses to respond, or fails to respond truthfully, to questions after having been
issued a warning issued based on Garrity v. New Jersey, 385 U.S. 493 (1967);
(e) engages in sexual conduct while on duty;
(f) is certified as a law enforcement peace officer, as defined in Section 
53-13-102
, and
is unable to possess a firearm under state or federal law;
(g) is found by a court or [
by a
] law enforcement agency to have knowingly engaged in
conduct that involves dishonesty or deception in violation of a policy of the peace officer's
employer or in violation of a state or federal law; [
or
]
(h) is found by a court or [
by a
] law enforcement agency to have knowingly engaged in
biased or prejudicial conduct against one or more individuals based on the individual's race,
color, sex, pregnancy, age, religion, national origin, disability, sexual orientation, or gender
identity[
.
]
; or
(i) is found by a court or law enforcement agency to have knowingly engaged in
conduct in violation of the minimum use of force standards created under Subsection
53-6-107
(1)(e) and mandated under Section 
53-6-109
.
(2) The council may not issue a Letter of Caution or suspend or revoke the certification
of a peace officer for a violation of state or federal law or a violation of a law enforcement
agency's policies, general orders, or guidelines of operation that do not amount to a cause of
action under Subsection (1).
(3) (a) The division is responsible for investigating officers who are alleged to have
engaged in conduct in violation of Subsection (1).
(b) The division shall initiate all adjudicative proceedings under this section by
providing to the peace officer involved notice and an opportunity for a hearing before an
administrative law judge.
(c) All adjudicative proceedings under this section are civil actions, notwithstanding
whether the issue in the adjudicative proceeding is a violation of statute that may be prosecuted
criminally.
(d) (i) The burden of proof on the division in an adjudicative proceeding under this
section is by clear and convincing evidence.
(ii) If a peace officer asserts an affirmative defense, the peace officer has the burden of
proof to establish the affirmative defense by a preponderance of the evidence.
(e) If the administrative law judge issues findings of fact and conclusions of law stating
there is sufficient evidence to demonstrate that the officer engaged in conduct that is in
violation of Subsection (1), the division shall present the finding and conclusions issued by the
administrative law judge to the council.
(f) The division shall notify the chief, sheriff, or administrative officer of the police
agency which employs the involved peace officer of the investigation and shall provide any
information or comments concerning the peace officer received from that agency regarding the
peace officer to the council before a Letter of Caution is issued, or a peace officer's certification
may be suspended or revoked.
(g) If the administrative law judge finds that there is insufficient evidence to
demonstrate that the officer is in violation of Subsection (1), the administrative law judge shall
dismiss the adjudicative proceeding.
(4) (a) The council shall:
(i) accept the administrative law judge's findings of fact and conclusions of law, and
the information concerning the peace officer provided by the officer's employing agency; and
(ii) choose whether to issue a Letter of Caution, or suspend or revoke the officer's
certification.
(b) Before making a decision, the council may consider aggravating and mitigating
circumstances.
(c) A member of the council shall recuse him or herself from consideration of an issue
that is before the council if the council member:
(i) has a personal bias for or against the officer;
(ii) has a substantial pecuniary interest in the outcome of the proceeding and may gain
or lose some benefit from the outcome; or
(iii) employs, supervises, or works for the same law enforcement agency as the officer
whose case is before the council.
(5) (a) Termination of a peace officer, whether voluntary or involuntary, does not
preclude suspension or revocation of a peace officer's certification by the council if the peace
officer was terminated for any of the reasons under Subsection (1).
(b) Employment by another agency, or reinstatement of a peace officer by the original
employing agency after termination by that agency, whether the termination was voluntary or
involuntary, does not preclude suspension or revocation of a peace officer's certification by the
council if the peace officer was terminated for any of the reasons under Subsection (1).
(6) (a) A chief, sheriff, or administrative officer of a law enforcement agency who is
made aware of an allegation against a peace officer employed by that agency that involves
conduct in violation of Subsection (1) shall conduct an administrative or internal investigation
into the allegation and report the findings of the investigation to the division if the allegation is
substantiated.
(b) If a peace officer who is the subject of an internal or administrative investigation
into allegations that include any of the conditions or circumstances outlined in Subsection (1)
resigns, retires, or otherwise separates from the investigating law enforcement agency before
the conclusion of the investigation, the chief, sheriff, or administrative officer of that law
enforcement agency shall complete the investigation and report the findings to the division.
(7) The council's issuance of a Letter of Caution, or suspension or revocation of an
officer's certification under Subsection (4) may be appealed under Title 63G, Chapter 4, Part 4,
Judicial Review.