Bill Summary – FastDemocracy

Enrolled Copy                                                                      S.B. 1004
                      PEACE OFFICER TRAINING QUALIFICATIONS
                                           AMENDMENTS
                                   2021 FIRST SPECIAL SESSION
                                           STATE OF UTAH
                                 Chief Sponsor: Karen Mayne
                                     House Sponsor: Paul Ray
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 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
26
 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.
       S.B. 1004                                                                        Enrolled Copy
        (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:
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       Enrolled Copy                                                                           S.B. 1004
        (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
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        S.B. 1004                                                                       Enrolled Copy
 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:
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        Enrolled Copy                                                                          S.B. 1004
         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
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        S.B. 1004                                                                       Enrolled Copy
 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.
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Statutes affected: 
Introduced: 17-30-7, 53-6-203, 53-6-302
Enrolled: 17-30-7, 53-6-203, 53-6-302