Bill Summary – FastDemocracy

Enrolled Copy                                                                            H.B. 336
                   DEPARTMENT OF PUBLIC SAFETY AMENDMENTS
                                           2024 GENERAL SESSION
                                                STATE OF UTAH
                                     Chief Sponsor: Jefferson S. Burton Senate Sponsor: Don L. Ipson
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  LONG TITLE
  General Description:
      This bill amends provisions concerning the Department of Public Safety.
  Highlighted Provisions:
      This bill:
      ▸ amends provisions concerning certain fees in the Department of Public Safety Restricted
  Account;
      ▸ amends eligibility requirements for peace officer and dispatcher training and
  certification;
      ▸ modifies the circumstances under which the Peace Officer Standards and Training
  Council may discipline a peace officer or a dispatcher; and
      ▸ makes technical and conforming changes.
  Money Appropriated in this Bill:
      None
  Other Special Clauses:
      None
  Utah Code Sections Affected:
  AMENDS:
      53-3-106, as last amended by Laws of Utah 2023, Chapter 328
      53-6-203, as last amended by Laws of Utah 2022, Chapter 10
      53-6-211, as last amended by Laws of Utah 2023, Chapter 452
      53-6-302, as last amended by Laws of Utah 2021, First Special Session, Chapter 13
      53-6-309, as last amended by Laws of Utah 2020, Chapter 35
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  Be it enacted by the Legislature of the state of Utah:
     H.B. 336                                                                               Enrolled Copy
         Section 1. Section 53-3-106 is amended to read:
         53-3-106 . Disposition of revenues under this chapter -- Restricted account
   created -- Uses as provided by appropriation -- Nonlapsing.
   (1) There is created within the Transportation Fund a restricted account known as the
       "Department of Public Safety Restricted Account."
   (2) The account consists of money generated from the following revenue sources:
       (a) all money received under this chapter;
       (b) administrative fees received according to the fee schedule authorized under this
              chapter and Section 63J-1-504;
       (c) beginning on January 1, 2013, money received in accordance with Section
              41-1a-1201; and
       (d) any appropriations made to the account by the Legislature.
   (3) (a) The account shall earn interest.
       (b) All interest earned on account money shall be deposited into the account.
   (4) The expenses of the department in carrying out this chapter shall be provided for by
       legislative appropriation from this account.
   (5) The amount in excess of $45 of the fees collected under Subsection [53-3-105(25)]
       53-3-105(27) shall be appropriated by the Legislature from this account to the
       department to implement the provisions of Section 53-1-117, except that of the amount
       in excess of $45, $100 shall be deposited into the State Laboratory Drug Testing
       Account created in Section 26B-1-304.
   (6) All money received under Subsection [41-6a-1406(6)(c)(ii)] 41-6a-1406(6)(b)(ii) shall
       be appropriated by the Legislature from this account to the department to implement the
       provisions of Section 53-1-117.
   (7) Beginning in fiscal year 2009-10, the Legislature shall appropriate $100,000 annually
       from the account to the state medical examiner appointed under Section 26B-8-202 for
       use in carrying out duties related to highway crash deaths under Subsection 26B-8-205
       (1).
   (8) The division shall remit the fees collected under Subsection 53-3-105(31) to the Bureau
       of Criminal Identification to cover the costs for the services the Bureau of Criminal
       Identification provides under Section 53-3-205.5.
   (9) (a) Beginning on January 1, 2013, the Legislature shall appropriate all money
       received in the account under Section 41-1a-1201 to the Utah Highway Patrol
       Division for field operations.
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     Enrolled Copy                                                                                  H.B. 336
      (b) The Legislature may appropriate additional money from the account to the Utah
          Highway Patrol Division for law enforcement purposes.
  (10) Appropriations to the department from the account are nonlapsing.
  (11) The department shall report to the Department of Health and Human Services, on or
      before December 31, the amount the department expects to collect under Subsection [
      53-3-105(25)] 53-3-105(27) in the next fiscal year.
        Section 2. 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 United States national; or
          [(ii)] (iii) 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;
      (b) be at least:
          (i) 19 years old at the time of certification as a special function officer or correctional
              officer; or
          (ii) 21 years old at the time of certification as a law enforcement 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
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      H.B. 336                                                                                Enrolled Copy
       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 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 3. 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, or is convicted of, 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;
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      Enrolled Copy                                                                                    H.B. 336
      (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;
      (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).
  (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.
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      H.B. 336                                                                                 Enrolled Copy
       (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 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
            Subsections (1)(a) through (h) resigns, retires, or otherwise separates from the
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      Enrolled Copy                                                                                  H.B. 336
          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.
        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;
          (ii) a United States national; or
          [(ii)] (iii) 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;
      (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'