Utah Code § 53G-8-704 — Utah Code / Title 53G / Chapter 53G-8 / § 53G-8-704
§ 53G-8-704. Contracts between an LEA and a contract security company for armed school security guards.
Status: in_force

(1) As used in this section: (a) "Armed private security officer" means the same as that term is defined in Section 58-63-102. (b) "Armed school security guard" means: (i) an armed private security officer who: (A) is licensed as an armed private security officer under Title 58, Chapter 63, Security Personnel Licensing Act; and (B) has met the requirements described in Subsection (4)(a); or (ii) a special function officer. (c) "Contract security company" means: (i) for an armed private security officer, the same as that term is defined in Section 58-63-102; and (ii) for a special function officer, the special function officer's employing law enforcement agency. (d) "Deadly force" means the same as that term is defined in Section 76-2-408. (e) "Special function officer" means the same as that term is defined in Section 53-13-105. (f) "State security chief" means the same as that term is defined in Section 53-22-102. (2) (a) An LEA may use an armed school security guard to satisfy the school safety personnel requirements of Section 53G-8-701.5. (b) An LEA that uses an armed school security guard under Subsection (2)(a) shall have a contract with a contract security company or if a special function officer is used as an armed school security guard, a contract with the law enforcement agency employing the special function officer, in accordance with Section 53G-8-703, to provide armed school security guards at each school within the LEA. (3) The contract described in Subsection (2)(b) shall include a detailed description of: (a) the rights of a student under state and federal law with regard to: (i) searches; (ii) questioning; (iii) arrests; and (iv) information privacy; (b) job assignment and duties of an armed school security guard, including: (i) the school to which an armed school security guard will be assigned; (ii) the hours an armed school security guard is present at the school; (iii) the point of contact at the school that an armed school security guard will contact in case of an emergency; (iv) specific responsibilities for providing and receiving information; (v) types of records to be kept, and by whom; and (vi) training requirements; and (c) other expectations of the contract security company in relation to school security at the LEA. (4) (a) In addition to the requirements for licensure under Title 58, Chapter 63, Security Personnel Licensing Act, an armed private security officer may only serve as an armed school security guard under a contract described in Subsection (2)(b) if the armed private security officer: (i) has a valid concealed carry permit issued under Title 53, Chapter 5a, Part 3, Concealed Firearm Permits; (ii) has undergone training from a county security chief or local law enforcement agency regarding: (A) the safe loading, unloading, storage, and carrying of firearms in a school setting; (B) the role of armed security guards in a school setting; and (C) coordination with law enforcement and school officials during an active threat; (iii) completes an initial "fit to carry" assessment the Department of Health and Human Services approves and a provider administers; and (iv) maintains compliance with mental health screening requirements consistent with law enforcement standards. (b) An armed school security guard that meets the requirements of Subsection (4)(a) shall, in order to remain eligible to be assigned as an armed school security guard at any school under a contract described in Subsection (2)(b), participate in and satisfy the training requirements of the initial, annual, and biannual trainings as defined in Section 53-22-105. (5) An armed school security guard may conceal or openly carry a firearm at the school at which the armed school security guard is employed under the contract described in Subsection (2)(b). (6) An LEA that enters a contract under this section shall inform the state security chief and the relevant county security chief of the contract and provide the contact information of the contract security company employing the armed security guard for use during an emergency. (7) The state security chief shall: (a) for each LEA that contracts with a contract security company under this section, track each contract security company providing armed school security guards by name and the contact information for use in case of an emergency; and (b) make the information described in Subsection (7)(a) readily available to each law enforcement agency in the state by school. (8) An armed school security guard shall file a report described in Subsection (9) if, during the performance of the armed school security guard's duties, the armed school security guard: (a) points a firearm at an individual; or (b) aims a conductive energy device at an individual and displays the electrical current. (9) (a) A report described in Subsection (8) shall include: (i) a description of the incident; (ii) the identification of the individuals involved in the incident; and (iii) any other information required by the state security chief. (b) An armed school security guard shall submit a report required under Subsection (8) to the school administrator, school safety and security director, and the state security chief within 48 hours after the incident. (c) The school administrator, school safety and security director, and the state security chief shall consult and review the report submitted under Subsection (9)(b). (10) If an armed school security guard uses deadly force, the armed school security guard: (a) shall be placed on administrative leave pending investigation; (b) may not be required to provide a written report described in Subsections (8) and (9); (c) (i) may not be required to participate in a voluntary interview; and (ii) if the armed school security guard chooses to participate in an interview, the interview may not be sooner than two sleep cycles after the incident; and (d) (i) shall be subject to investigation by the law enforcement agency with primary jurisdiction over the school's location; and (ii) if the involved party is a special function officer employed by a law enforcement agency, shall follow the same protocol established for officer-involved shootings under Section 76-2-408.