Bill Summary – FastDemocracy

Enrolled Copy                                                                       S.B. 124
                      LAW ENFORCEMENT OFFICER AMENDMENTS
                                      2023 GENERAL SESSION
                                           STATE OF UTAH
                                 Chief Sponsor: Luz Escamilla
                                 House Sponsor: Ryan D. Wilcox
 6
 LONG TITLE
 General Description:
        This bill addresses provisions related to law enforcement officers.
 Highlighted Provisions:
        This bill:
        < defines terms;
        < amends the requirements regarding when an out-of-state law enforcement officer
 may respond to an emergency or a request for assistance in this state;
        < authorizes the Peace Officer Standards and Training Division to discipline a chief
 executive who fails to report misconduct;
        < addresses law enforcement officer employment and background checks;
        < requires a law enforcement agency to use an early intervention system to determine
 law enforcement officer performance under certain circumstances;
        < creates the Early Intervention System Grant Program; and
        < makes technical changes.
 Money Appropriated in this Bill:
        This bill appropriates for fiscal year 2024:
        < To the Department of Public Safety - Programs and Operations, as a one-time
 appropriation:
            C     from the General Fund, One-time, $3,000,000.
 Other Special Clauses:
        None
       S.B. 124
                                                                                    Enrolled Copy
 Utah Code Sections Affected:
 AMENDS:
        11-13-203.5, as enacted by Laws of Utah 2003, Chapter 38
        53-2a-506, as renumbered and amended by Laws of Utah 2013, Chapter 295
        53-6-211, as last amended by Laws of Utah 2021, Chapters 96, 311
        53-14-101, as last amended by Laws of Utah 2021, Chapter 311
        63G-7-201, as last amended by Laws of Utah 2021, Chapter 352
 ENACTS:
        53-14-102, Utah Code Annotated 1953
        53-14-103, Utah Code Annotated 1953
        53-14-201, Utah Code Annotated 1953
        53-14-202, Utah Code Annotated 1953
        53-14-203, Utah Code Annotated 1953
42
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 11-13-203.5 is amended to read:
        11-13-203.5. Powers, immunities, and privileges of law enforcement officers
 under an agreement for law enforcement -- Requirements for out-of-state officers.
        (1) While performing duties under an agreement for law enforcement services under
 Subsection 11-13-202(1)(d), whether inside or outside the law enforcement officer's own
 jurisdiction, each law enforcement officer shall possess:
        (a) all law enforcement powers that the officer possesses within the officer's own
 jurisdiction, including the power to arrest; and
        (b) the same immunities and privileges as if the duties were performed within the
 officer's own jurisdiction.
        (2) [Each] Except as provided in Subsection (3), an agreement between a [Utah] public
 agency in this state and an out-of-state public agency [under Subsection 11-13-202(1)(d)]
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       Enrolled Copy                                                                             S.B. 124
 providing for reciprocal law enforcement services under Subsection 11-13-202(1)(d) shall
 require each [person] individual from the [other state] out-of-state public agency assigned to
 law enforcement duty in this state:
         (a) to be certified as a peace officer in the state of the out-of-state public agency; and
         (b) to apply to the Peace Officer Standards and Training Council, created in Section
 53-6-106, for recognition before undertaking duties in this state under the agreement.
         (3) The requirements under Subsection (2)(b) do not apply to an agreement between a
 public agency of this state and an out-of-state public agency to provide reciprocal law
 enforcement services under Subsection 11-13-202(1)(d) if the agreement:
         (a) only provides for aid or assistance to be given by an out-of-state peace officer to a
 peace officer of this state:
         (i) during an emergency; or
         (ii) when aid or assistance is requested by the public agency of this state; and
         (b) does not include a provision allowing an out-of-state officer to be regularly
 assigned to law enforcement duties in this state.
         Section 2. Section 53-2a-506 is amended to read:
         53-2a-506. Privileges and immunities of emergency responders.
         (1) [Any] An emergency responder from another state who enters into this state has the
 same authority to act as an emergency responder of this state while:
         (a) responding to an emergency [has the same authority to act], including providing
 care[, as does any emergency responder of this state]; or
         (b) providing aid or assistance at the request of a public agency in this state.
         (2) All privileges and immunities from liability, exemption from law, ordinances, and
 rules, and any other benefits, which apply to an emergency responder while performing duties
 in the responder's state of residence or state of employment as a responder, apply when the
 emergency responder is acting as an emergency responder in [Utah] this state.
         Section 3. Section 53-6-211 is amended to read:
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           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 a chief, sheriff, or administrative officer of a law enforcement agency and fails to
 comply with Subsection (6).
           (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).
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        Enrolled Copy                                                                              S.B. 124
        (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
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         (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)] Subsections (1)(a) through (h) 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)]
 Subsections (1)(a) through (h) resigns, retires, or otherwise separates from the investigating law
 enforcement agency before the conclusion of the investigation, the chief, sheriff, or
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        Enrolled Copy                                                                          S.B. 124
 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.
        Section 4. Section 53-14-101 is amended to read:
                          CHAPTER 14. PEACE OFFICER INFORMATION
                                Part 1. Peace Officer Background Checks
        53-14-101. Definitions.
        [(1)] As used in this [section] part:
        [(a)] (1) "Director" means the director of a [certified law enforcement officer] training
 academy.
        [(b)] (2) "Employer" [includes] means a public employer [and a] or private employer
 [and includes the human resource officer for the employer].
        (3) "POST" means the Peace Officer Standards and Training Division created in
 Section 53-6-103.
        [(c) "Law enforcement agency" has the same definition as in Section 53-1-102.]
        [(d) "Law enforcement officer" has the same definition as in Section 53-13-103, and
 includes those officers in administrative positions.]
        [(e)] (4) "Training academy" means a peace officer training institution certified in
 accordance with the standards developed under Section 53-6-105.
        [(2) A current or former employer and the director of any training academy an
 applicant has attended or graduated from shall provide all available information in accordance
 with this section regarding an applicant if the request complies with Subsection (3) and is
 submitted by:]
        [(a) a law enforcement agency regarding an applicant for an employment position; or]
        [(b) the director of a law enforcement training academy for which the applicant
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        S.B. 124
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 requests admission under Section 53-6-203.]
         [(3) The request for information pursuant to Subsection (2) shall be:]
         [(a) in writing;]
         [(b) accompanied by an authorization signed by the applicant and notarized by a notary
 public, in which the applicant consents to the release of the requested information and releases
 the employer or training academy providing the information from liability; and]
         [(c) addressed to the employer or director and signed by a sworn officer or other
 authorized representative of the requesting law enforcement agency or the academy.]
         [(4) The information that a law enforcement agency or the director of an academy shall
 request pursuant to Subsection (2) includes:]
         [(a) the date on which the applicant's employment commenced and, if applicable, the
 date on which applicant's employment was terminated;]
         [(b) a list of the compensation that the employer provided to the applicant during the
 course of the employment;]
         [(c) a copy of the application for a position of employment that the applicant submitted
 to the employer;]
         [(d) a written evaluation of the performance of the applicant;]
         [(e) a record of the attendance of the applicant;]
         [(f) a record of disciplinary action taken against the applicant;]
         [(g) a statement regarding whether the employer would rehire the applicant and, if the
 employer would not rehire the applicant, the reasons why;]
         [(h) if applicable, a record setting forth the reason that the employment of the applicant
 was terminated and whether the termination was voluntary or involuntary;]
         [(i) the record of any final action regarding an applicant's peace officer certification
 that is based on an investigation concerning the applicant's qualification for certification; and]
         [(j) notice of any pending or ongoing investigation regarding the applicant's
 certification as a peace officer.]
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        Enrolled Copy                                                                           S.B. 124
         [(5) (a) In the absence of fraud or malice, an employer or training academy is not
 subject to any civil liability for any relevant cause of action by releasing employment
 information requested under this section.]
         [(b) This section does not in any way or manner abrogate or lessen the existing
 common law or statutory privileges and immunities of an employer.]
         [(c) An employer or training academy may not provide information pursuant to
 Subsection (2) if the disclosure of the information is prohibited pursuant to federal or state
 law.]
         [(6) An employer's refusal to disclose information to a law enforcement agency in
 accordance with this section constitutes grounds for a civil action by the requesting agency for
 injunctive relief requiring disclosure on the part