reglab/statecodes huggingface dataset:
2023 Utah Code › Title 53 - Public Safety Code › Chapter 13 - Peace Officer Classifications › Section 110 - Duties to investigate specified instances of abuse or neglect.

Effective 5/3/2023
53-13-110.
Duties to investigate specified instances of abuse or neglect.
In accordance with the requirements of Section 80-2-703, law enforcement officers shall investigate alleged instances of abuse or neglect of a child that occur while the child is in the custody of the Division of Child and Family Services, within the Department of Health and Human Services.
Amended by Chapter 328, 2023 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 13 - Peace Officer Classifications › Section 110.5 - Retention of records of interviews of minors.

Effective 5/4/2022
53-13-110.5.
Retention of records of interviews of minors.
If a peace officer, or the officer's employing agency, records an interview of a minor during an investigation of a violation of Section 76-5-402.1, 76-5-402.3, 76-5-403.1, 76-5-404.1, or 76-5-404.3, the agency shall retain a copy of the recording for 18 years after the day on which the last recording of the interview is made, unless the prosecuting attorney requests in writing that the recording be retained for an additional period of time.
Amended by Chapter 430, 2022 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 13 - Peace Officer Classifications › Section 111 - Peace officers serving in a reserve or auxiliary capacity.

53-13-111.
Peace officers serving in a reserve or auxiliary capacity.
(1)
(a) Nothing in this chapter shall preclude any law enforcement agency of the state or any of its political subdivisions from utilizing a sworn and certified peace officer in a reserve or auxiliary capacity.
(b) A reserve or auxiliary officer has peace officer authority only while engaged in the reserve or auxiliary activities authorized by the chief or administrator of the agency the officer serves and shall only exercise that spectrum of peace officer authority:
(i) that the supervising agency is empowered to delegate; and
(ii) for which the officer has been trained and certified.
(2) While serving as a nonpaid volunteer in a reserve or auxiliary capacity, or working part-time for fewer hours than that which would qualify the officer as an "employee" under state or federal law, a peace officer is entitled to benefits in accordance with Title 67, Chapter 20, Volunteer Government Workers Act.
(3) The agency the reserve or auxiliary officer serves shall ensure that the officer meets the basic and in-service training requirements of the peace officer classification in which the officer will function.
Amended by Chapter 92, 1999 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 13 - Peace Officer Classifications › Section 112 - Auxiliary officer.

53-13-112.
Auxiliary officer.
(1) An auxiliary officer is a specific category of special function officer and is required to have the level of training of a special function officer as provided in Section 53-13-105, including no fewer than 40 hours per year of in-service training.
(2) An auxiliary officer:
(a) shall work under the direction and immediate supervision of a certified law enforcement officer as defined in Section 53-13-103;
(b) is limited to the role of back-up officer to a law enforcement officer;
(c) may not initiate any action authorized for a law enforcement officer in Section 53-13-103; and
(d) may be separated from a law enforcement officer only under exigent circumstances or when engaged in functions not exclusive to law enforcement, which functions are defined by the division by rule.
Enacted by Chapter 92, 1999 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 13 - Peace Officer Classifications › Section 113 - Authority of peace officers to administer oaths.

53-13-113.
Authority of peace officers to administer oaths.
A peace officer, as defined in Section 53-1-102, who is acting within the scope of his or her official duties may administer oaths.
Enacted by Chapter 127, 2000 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 13 - Peace Officer Classifications › Section 114 - Off-duty peace officer working as a security officer.

Effective 7/1/2021
53-13-114.
Off-duty peace officer working as a security officer.
A peace officer may engage in off-duty employment as a security officer under Section 58-63-304 only if:
(1) the law enforcement agency employing the peace officer:
(a) has a written policy regarding peace officer employees working while off-duty as security officers; and
(b) the policy under Subsection (1)(a) is:
(i) posted and publicly available on the appropriate city, county, or state website; or
(ii) posted on the Utah Public Notice Website created in Section 63A-16-601 if the law enforcement agency does not have access to a website under Subsection (1)(b)(i).
(2) the agency's chief administrative officer, or that officer's designee, provides written authorization for an off-duty peace officer to work as a security officer; and
(3) the business or entity employing the off-duty peace officer to work as a security officer complies with state and federal income reporting and withholding requirements regarding the off-duty officer's wages.
Amended by Chapter 84, 2021 General Session
Amended by Chapter 345, 2021 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 13 - Peace Officer Classifications › Section 115 - Peace officer restraint prohibition.

Effective 6/25/2020
53-13-115.
Peace officer restraint prohibition.
(1) A peace officer may not restrain a person by the application of a knee applying pressure to the neck or throat of a person.
(2) A violation of this section shall be referred separately to the county or district attorney for review, and to the Peace Officer Standards and Training Council for investigation.
(3) A violation of this section is a third degree felony.
(4) If the violation results in:
(a) serious bodily injury or loss of consciousness, it is a second degree felony; or
(b) death, it is a first degree felony.
Enacted by Chapter 6, 2020 Special Session 5
2023 Utah Code › Title 53 - Public Safety Code › Chapter 13 - Peace Officer Classifications › Section 116 - Report required after pointing a firearm at an individual.

Effective 5/5/2021
53-13-116.
Report required after pointing a firearm at an individual.
(1) As used in this section:
(a) "Conductive energy device" means a weapon that uses electrical current to disrupt voluntary control of muscles.
(b) "Firearm" means the same as that term is defined in Section 76-10-501.
(c) "Law enforcement officer" means the same as that term is defined in Section 53-13-103.
(d) "Officer-involved critical incident" means the same as that term is defined in Section 76-2-408.
(2) A law enforcement officer shall file a report described in Subsection (3) if, during the performance of the officer's duties:
(a) the officer points a firearm at an individual; or
(b) the officer aims a conductive energy device at an individual and displays the electrical current.
(3)
(a) A report described in Subsection (2) 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 law enforcement agency.
(b) A law enforcement officer shall submit a report required under Subsection (2) to the officer's law enforcement agency within 48 hours after the incident.
(4) A supervisory law enforcement officer shall review a report submitted under Subsection (3)(b).
(5) This section does not apply to:
(a) law enforcement training exercises; or
(b) an officer who, as part of an officer-involved critical incident, engaged in conduct described under Subsection (2)(a) or (2)(b).
Enacted by Chapter 164, 2021 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 14 - Peace Officer Information › Part 1 - Peace Officer Background Checks › Section 101 - Law enforcement and training academy applicants -- Employer background information.

Effective 5/3/2023
53-14-101.
Definitions.
As used in this part:
(1) "Director" means the director of a training academy.
(2) "Employer" means a public employer or private employer.
(3) "POST" means the Peace Officer Standards and Training Division created in Section 53-6-103.
(4) "Training academy" means a peace officer training institution certified in accordance with the standards developed under Section 53-6-105.
Amended by Chapter 452, 2023 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 14 - Peace Officer Information › Part 1 - Peace Officer Background Checks › Section 102 - Background check for peace officer applicants.

Effective 5/3/2023
53-14-102.
Background check for peace officer applicants.
A law enforcement agency may not employ a peace officer who is currently working, or has previously worked, for another law enforcement agency unless the hiring law enforcement agency:
(1) confirms that the peace officer is certified by POST or another comparable certifying agency if the peace officer is currently employed, or has previously been employed, by a law enforcement agency in a different state; and
(2) completes a background check that contains the information outlined in Subsection 53-14-103(3).
Enacted by Chapter 452, 2023 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 14 - Peace Officer Information › Part 2 - Law Enforcement Early Intervention › Section 201 - Definitions.

Effective 5/3/2023
53-14-201.
Definitions.
As used in this part:
(1) "Early intervention system" means an electronic data-based police management tool designed to track behaviors of a law enforcement officer based on performance factors.
(2) "Grant" means a grant awarded under this part.
(3) "Program" means the Early Intervention Grant Program created in section 53-14-203.
Enacted by Chapter 452, 2023 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 14 - Peace Officer Information › Part 2 - Law Enforcement Early Intervention › Section 202 - Early intervention system implementation.

Effective 5/3/2023
53-14-202.
Early intervention system implementation.
(1) On or before January 1, 2025, a law enforcement agency shall use an early intervention system.
(2) Information contained in an early intervention system is part of a law enforcement officer's internal personnel file and may only be shared in accordance with Section 53-14-103.
(3) The department shall establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the minimum standards that an early intervention system is required to meet in order for a law enforcement agency to comply with Subsection (1).
Enacted by Chapter 452, 2023 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 14 - Peace Officer Information › Part 2 - Law Enforcement Early Intervention › Section 203 - Early Intervention System Grant Program.

Effective 5/3/2023
53-14-203.
Early Intervention System Grant Program.
(1)
(a) There is created within the department the Early Intervention System Grant Program.
(b) The purpose of the program is to award grants to law enforcement agencies to initially establish an early intervention system.
(2)
(a) A law enforcement agency that submits a proposal for a grant to the department shall include in the proposal:
(i) the plan for establishing and cost of an early intervention system;
(ii) a statement that the early intervention system to be established complies with the standards under Subsection 53-14-202(3);
(iii) any funding sources in addition to the grant for the proposal; and
(iv) other information the department determines necessary to evaluate the proposal.
(b) When evaluating a proposal for a grant, the department shall consider:
(i) whether the proposed early intervention system meets the standards under Subsection 53-14-202(3);
(ii) the cost of the proposal;
(iii) the extent to which additional funding sources may benefit the proposal; and
(iv) the viability and sustainability of the proposal.
(3) Subject to Subsection (2), the department may, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules to establish:
(a) eligibility criteria for a grant;
(b) the form and process for submitting a proposal to the department for a grant;
(c) the method and formula for determining a grant amount; and
(d) reporting requirements for a grant recipient.
Enacted by Chapter 452, 2023 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 15 - Mcgruff Safe House Act › Part 1 - General Provisions › Section 102 - Purpose.

53-15-102.
Purpose.
(1) The Legislature recognizes that children are often in dangerous situations that may be threatening or frightening to them and that there is a need for "safe homes" in our neighborhoods where a child may go for help.
(2) The Legislature also recognizes that along with the need for "safe homes" that children can recognize easily, there is needed a method by which these homes can be identified.
(3) The purpose of this chapter is to:
(a) provide and designate a recognizable symbol for those "safe homes" that children can readily identify; and
(b) establish a method by which local law enforcement agencies can identify and train volunteers who are willing to make their homes "safe homes".
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 15 - Mcgruff Safe House Act › Part 2 - Mcgruff House Network Program › Section 201 - Designation -- Administration.

53-15-201.
Designation -- Administration.
(1) The National McGruff House Network Program is hereby designated as the officially recognized statewide "safe house" program for Utah.
(2) The program shall be administered through the Department of Public Safety by the Utah Council for Crime Prevention.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 15 - Mcgruff Safe House Act › Part 2 - Mcgruff House Network Program › Section 202 - Program requirements.

53-15-202.
Program requirements.
(1) The statewide program administrator shall:
(a) provide support and training upon request to local law enforcement agencies interested in implementing the program in their area;
(b) provide local programs with signs for display in approved "safe homes"; and
(c) maintain a register of all "safe homes" that includes, at a minimum, the address of the home and the names of all persons living in the home.
(2) The local program shall:
(a) recruit volunteer "safe homes" in neighborhoods with the help of local community groups;
(b) provide training and education to volunteers regarding the program and its use;
(c) provide for an application process for volunteers;
(d) conduct criminal history background checks on volunteers and members of their households;
(e) approve or disapprove applications for "safe homes";
(f) provide education through community programs for parents and children on the program and the proper use of "safe homes";
(g) provide approved "safe homes" with signs for display;
(h) provide procedures by which a "safe home" may be removed from the register; and
(i) provide for a method of renewal of the "safe home" designation in order to keep the registry current and provide for the periodic review of the "safe home", the volunteer, and all members of the household.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 17 - Public Safety Officer and Firefighter Line-of-duty Death Act › Part 1 - General Provisions › Section 101 - Title.

Effective 7/1/2015
53-17-101.
Title.
This chapter is known as the "Public Safety Officer and Firefighter Line-of-Duty Death Act."
Enacted by Chapter 166, 2015 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 17 - Public Safety Officer and Firefighter Line-of-duty Death Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 7/1/2018
53-17-102.
Definitions.
As used in this chapter:
(1) "Board" means Local Public Safety and Firefighter Surviving Spouse Trust Fund Board of Trustees created in Section 53-17-402.
(2) "Child" or "children" means a child of a member, including a stepchild and a legally adopted child who is under the age of 26.
(3) "Employer" means a law enforcement agency or other state or local government agency that:
(a) is a participating employer; and
(b) employs one or more public safety service employees or firefighter service employees who are eligible to earn service credit in a Utah Retirement System under Title 49, Utah State Retirement and Insurance Benefit Act.
(4) "Firefighter service employee" means the same as that term is defined in Section 49-16-102 or 49-23-102.
(5) "Member" means the same as that term is defined in Section 49-11-102.
(6) "Participating employer" means the same as that term is defined in Section 49-11-102.
(7) "Public safety service employee" means the same as that term is defined in Section 49-14-102, 49-15-102, or 49-23-102.
(8) "Trust Fund" means the Local Public Safety and Firefighter Surviving Spouse Trust Fund created in Section 53-17-301.
Amended by Chapter 303, 2018 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 17 - Public Safety Officer and Firefighter Line-of-duty Death Act › Part 2 - Health Coverage for a Surviving Spouse › Section 201 - Surviving spouse and children health coverage for line-of-duty death.

Effective 7/1/2018
53-17-201.
Surviving spouse and children health coverage for line-of-duty death.
(1)
(a) Subject to Subsection (1)(b), and in accordance with this section, an employer shall allow the surviving spouse and children of a member whose death is classified by the Utah State Retirement Office as a line-of-duty death under the provisions of Title 49, Utah State Retirement and Insurance Benefit Act, to remain eligible for health coverage under the employer's group health plan as if the surviving spouse was an employee of the employer.
(b) The employer shall pay 100% of the premium costs and, if the health coverage is a high-deductible plan, the employer share of any contribution into a health savings account for the surviving spouse and dependent children as described under Subsections (1)(a) and (2), and may not require payment from the surviving spouse for premium costs or health savings account contributions as a condition of qualifying to continue to receive the health coverage.
(c) For the first 12 months after the line-of-duty death, the employer shall pay the amount specified under Subsection (1)(b).
(d) Beginning 13 months after the line-of-duty death, an employer may pay the amount specified under Subsection (1)(b) through a cost-sharing agreement under Section 53-17-301 associated with the trust fund created under Section 53-17-401.
(2) An employer shall allow a surviving spouse and children to remain eligible to receive health coverage from the employer under this section at the option of the surviving spouse:
(a) for health coverage for the surviving spouse, until the surviving spouse becomes eligible for Medicare; and
(b) for health coverage of a child, until the child reaches the age of 26.
(3) This section does not apply to a member who:
(a) does not qualify for a line-of-duty death benefit under Title 49, Utah State Retirement and Insurance Benefit Act;
(b) at the time of death, did not receive or qualify to receive employer group health coverage; or
(c) is covered under Section 49-20-406.
Amended by Chapter 269, 2017 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 17 - Public Safety Officer and Firefighter Line-of-duty Death Act › Part 4 - Local Public Safety and Firefighter Surviving Spouse Trust Fund › Section 401 - Local Public Safety and Firefighter Surviving Spouse Trust Fund.

Effective 7/1/2018
53-17-401.
Local Public Safety and Firefighter Surviving Spouse Trust Fund.
(1) There is created a private purpose trust fund entitled the "Local Public Safety and Firefighter Surviving Spouse Trust Fund."
(2) The trust fund consists of:
(a) fees established in Subsection 53-17-402(2)(a);
(b) appropriations made to the fund by the Legislature, if any;
(c) private donations and grants; and
(d) other revenue received from other sources.
(3) The Department of Public Safety:
(a) shall account for the receipt and expenditures of trust fund money; or
(b) may enter into contract with a third-party administrator to administer the fund and account for the receipt and expenditure of trust fund money.
(4) The trust fund shall earn interest.
(5) The revenue and interest in the account, less actual administrative costs to the department, shall be used to lower fees paid by an employer under Section 53-17-201.
(6) The board of trustees created in Section 53-17-402 may expend money from the trust fund:
(a) for health coverage for a surviving spouse and children under Subsection 53-17-201(1)(d) by paying:
(i) premium costs; or
(ii) if the health coverage is a high-deductible plan, premium costs and the employer contribution to a health savings account; and
(b) reasonable administrative costs that the department and the board of trustees incur in performing their duties for administering the trust fund.
(7) Money deposited into the trust fund is irrevocable and is expended only for the purposes described in this chapter.
(8) Assets of the trust fund are dedicated for the purposes established by statute and administrative rule.
(9) Creditors of the board of trustees and of employers liable for the benefits paid under this chapter may not seize, attach, or otherwise obtain assets of the trust fund.
Amended by Chapter 269, 2017 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 17 - Public Safety Officer and Firefighter Line-of-duty Death Act › Part 4 - Local Public Safety and Firefighter Surviving Spouse Trust Fund › Section 402 - Local Public Safety and Firefighter Surviving Spouse Trust Fund Board of Trustees -- Quorum -- Duties -- Establish rates.

Effective 7/1/2021
53-17-402.
Local Public Safety and Firefighter Surviving Spouse Trust Fund Board of Trustees -- Quorum -- Duties -- Establish rates.
(1)
(a) There is created the Local Public Safety and Firefighter Surviving Spouse Trust Fund Board of Trustees composed of four members:
(i) the commissioner of public safety or the commissioner's designee;
(ii) the executive director of the Governor's Office of Planning and Budget or the executive director's designee;
(iii) one person representing municipalities, designated by the Utah League of Cities and Towns; and
(iv) one person representing counties, designated by the Utah Association of Counties.
(b) The commissioner of public safety, or the commissioner's designee, is chair of the board.
(c) Three members of the board are a quorum.
(d) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(i) Section 63A-3-106;
(ii) Section 63A-3-107; and
(iii) rules made by the Division of Finance according to Sections 63A-3-106 and 63A-3-107.
(e)
(i) The Department of Public Safety shall staff the board of trustees.
(ii) The department shall provide accounting services for the trust fund.
(2) The board shall:
(a) establish rates to charge each employer based on the number of public safety service employees and firefighter service employees who are eligible for the health coverage under this chapter;
(b) act as trustee of the trust fund and exercise the state's fiduciary responsibilities;
(c) meet at least once per year;
(d) review and approve all policies, projections, rules, criteria, procedures, forms, standards, performance goals, and actuarial reports;
(e) review and approve the budget for the trust fund;
(f) review financial records of the trust fund, including trust fund receipts, expenditures, and investments;
(g) commission and obtain financial or actuarial studies of the liabilities for the trust fund;
(h) calculate and approve administrative expenses of the trust fund; and
(i) do any other things necessary to perform the fiduciary obligations under the trust.
Amended by Chapter 382, 2021 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 17 - Public Safety Officer and Firefighter Line-of-duty Death Act › Part 5 - Death Benefit Assistance › Section 501 - Death benefit assistance.

Effective 7/1/2015
53-17-501.
Death benefit assistance.
(1) An employer shall notify the governor's office of the line-of-duty death of an active member.
(2) The governor's office shall ensure that the spouse, at the time of death of the active member, or the beneficiary are provided assistance to understand and apply for any death benefit for which the surviving spouse or beneficiaries may be eligible under this chapter, other Utah law, federal law, or local policy or ordinance.
Enacted by Chapter 166, 2015 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 18 - Protection of Personal Information of Public Safety Employees › Section 102 - Definitions.

Effective 5/4/2022
53-18-102.
Definitions.
As used in this chapter:
(1) "Access software provider" means a provider of software, including client or server software, or enabling tools that do any one or more of the following:
(a) filter, screen, allow, or disallow content;
(b) pick, choose, analyze, or digest content; or
(c) transmit, receive, display, forward, cache, search, subset, organize, reorganize, or translate content.
(2) "Correctional facility" means the same as that term is defined in Section 77-16b-102.
(3) "Dispatcher" means the same as that term is defined in Section 53-6-102.
(4) "Immediate family member" means a public safety employee's spouse, child, parent, or grandparent who resides with the public safety employee.
(5) "Interactive computer service" means the same as that term is defined in Subsection 47 U.S.C. 230(f).
(6) "Law enforcement officer" or "officer":
(a) means the same as that term is defined in Section 53-13-103;
(b) includes correctional officers as defined in Section 53-13-104; and
(c) refers only to officers who are currently employed by, retired from, or were killed in the line of duty while in the employ of a state or local governmental law enforcement agency.
(7)
(a) "Personal information" means a public safety employee's or a public safety employee's immediate family member's home address, home telephone number, personal mobile telephone number, personal pager number, personal email address, or personal photograph, directions to locate the public safety employee's home, or photographs of the public safety employee's or the public safety employee's immediate family member's home or vehicle.
(b) "Personal information" includes a record or a part of a record that:
(i) a public safety employee who qualifies as an at-risk government employee under Section 63G-2-303 requests to be classified as private under Subsection 63G-2-302(1)(h); and
(ii) is classified as private under Title 63G, Chapter 2, Government Records Access and Management Act.
(8) "Public safety employee" means:
(a) a law enforcement officer;
(b) a dispatcher; or
(c) a current or retired employee or contractor of:
(i) a law enforcement agency; or
(ii) a correctional facility.
(9) "Publicly post" or "publicly display" means to intentionally communicate or otherwise make available to the general public.
Amended by Chapter 367, 2022 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 18 - Protection of Personal Information of Public Safety Employees › Section 104 - Protection of constitutional rights.

Effective 5/9/2017
53-18-104.
Protection of constitutional rights.
This chapter does not affect, limit, or apply to, any conduct or activities that are protected by the constitution or laws of the state or by the constitution or laws of the United States.
Enacted by Chapter 266, 2017 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 19 - Certification of Private Law Enforcement Agency › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/5/2021
53-19-102.
Definitions.
As used in this chapter:
(1) "Division" means the Peace Officer Standards and Training Division created in Section 53-6-103.
(2) "Formal action" against a private law enforcement agency includes:
(a) placing a private law enforcement agency on probation;
(b) extending the probation of a private law enforcement agency; or
(c) revoking the certification of a private law enforcement agency.
(3) "Informal action" against a private law enforcement agency includes:
(a) an oral or written warning;
(b) a written reprimand; or
(c) a written order to remedy noncompliance with a provision of this chapter, which may include a deadline for compliance and verification of compliance.
(4) "Private law enforcement agency" means a law enforcement agency operated by, and at, a private institution of higher education.
Enacted by Chapter 349, 2021 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 19 - Certification of Private Law Enforcement Agency › Part 1 - General Provisions › Section 103 - Rulemaking authority.

Effective 5/5/2021
53-19-103.
Rulemaking authority.
The commissioner shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing:
(1) the forms and process to apply for certification of a private law enforcement agency;
(2) methods for the commissioner, the department, or the division to obtain, review, use, and protect, any and all records of, or directly related to, a private law enforcement agency;
(3) requirements for the conduct of a formal hearing under Part 3, Enforcement, including requirements for proceedings, discovery, subpoenas, and witnesses;
(4) requirements for verifying compliance with the terms of probation;
(5) audit procedures;
(6) requirements for the contents of a policies and procedures manual of a private law enforcement agency; and
(7) requirements for the operation of a private law enforcement agency.
Enacted by Chapter 349, 2021 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 19 - Certification of Private Law Enforcement Agency › Part 2 - Private Law Enforcement Agencies › Section 202 - Authority of private law enforcement agency -- Requirements -- Delegation of internal investigation.

Effective 5/5/2021
53-19-202.
Authority of private law enforcement agency -- Requirements -- Delegation of internal investigation.
(1) A certified private law enforcement agency may function as a law enforcement agency under the authority of the state, within the confines of the campus of the private institution of higher education, to:
(a) prevent, detect, and investigate crime; and
(b) enforce traffic laws and criminal statutes and ordinances.
(2) The authority of a private law enforcement agency does not extend beyond the
confines of the campus of the private institution of higher education, except as provided:
(a) under Subsection 53-13-103(3); or
(b) pursuant to an interagency agreement with another law enforcement agency.
(3) A private law enforcement agency shall:
(a) comply with:
(i) the requirements of this chapter;
(ii) rules made under Section 53-19-103; and
(iii) all other requirements of state and federal law;
(b) comply with and enforce the provisions of Sections 53-6-209, 53-6-211, 53-6-307, and 53-6-309;
(c) only employ peace officers and dispatchers who are certified under this title;
(d) if the private law enforcement agency is placed on probation, comply with requirements imposed during the period of probation;
(e) provide any and all records of, or directly related to, the private law enforcement agency that are requested by the commissioner, the department, or the division; and
(f) cooperate with an audit described in Section 53-19-204.
(4) The chief of a private law enforcement agency may, with the consent of the commissioner, delegate the duty to conduct an administrative or internal investigation under Section 53-6-211 to the commissioner or the commissioner's designee if:
(a) the chief requests the commissioner's consent in writing; and
(b) the request is made to avoid:
(i) an actual or potential conflict of interest; or
(ii) an actual or potential allegation of bias.
(5) If the commissioner or the commissioner's designee conducts an administrative or internal investigation under Subsection (4), the commissioner or the commissioner's designee shall report the findings of the investigation to:
(a) the division, in accordance with Section 53-6-211;
(b) the private law enforcement agency; and
(c) the commissioner, if the investigation is conducted by a designee of the commissioner.
Enacted by Chapter 349, 2021 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 19 - Certification of Private Law Enforcement Agency › Part 2 - Private Law Enforcement Agencies › Section 203 - Policies and procedures -- Approval -- Modification.

Effective 5/5/2021
53-19-203.
Policies and procedures -- Approval -- Modification.
(1) A private law enforcement agency shall:
(a) develop a policies and procedures manual that:
(i) includes clear definitions and clearly and fully explains the policies and procedures;
(ii) complies with the requirements of law and administrative rules;
(iii) reflects best practices for a private law enforcement agency; and
(iv) includes all policies and procedures of the private law enforcement agency;
(b) review, and revise and update as needed, the policies and procedures manual on at least an annual basis; and
(c) maintain, and uniformly apply and enforce, the policies and procedures contained in the manual.
(2) A private law enforcement agency shall:
(a) if the private law enforcement agency was certified before May 5, 2021, submit the private law enforcement agency's policies and procedures manual to the commissioner for approval:
(i) on or before July 1, 2021;
(ii) beginning in 2022, on an annual basis; and
(iii) in addition to the times described in Subsections (2)(a)(i) and (ii), within 14 days after the day on which the commissioner submits a written request for a copy of the manual; or
(b) if the private law enforcement agency is certified on or after May 5, 2021, submit the private law enforcement agency's policies and procedures manual:
(i) for initial approval in accordance with Subsection 53-19-201(4)(c);
(ii) on an annual basis; and
(iii) in addition to the times described in Subsections (2)(b)(i) and (ii), within 14 days after the day on which the commissioner submits a written request for a copy of the manual.
Enacted by Chapter 349, 2021 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 19 - Certification of Private Law Enforcement Agency › Part 2 - Private Law Enforcement Agencies › Section 204 - Audits.

Effective 5/5/2021
53-19-204.
Audits.
(1) The commissioner or the commissioner's designee may conduct periodic audits of a private law enforcement agency to ensure compliance with the requirements of this chapter.
(2) The legislative auditor general or the state auditor may conduct an audit of a private law enforcement agency.
(3) A private law enforcement agency shall fully cooperate with an audit conducted under this section.
Enacted by Chapter 349, 2021 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 19 - Certification of Private Law Enforcement Agency › Part 3 - Enforcement › Section 301 - Violation by private law enforcement agency -- Action by commissioner.

Effective 5/5/2021
53-19-301.
Violation by private law enforcement agency -- Action by commissioner.
(1) If a private law enforcement agency is in violation of, or has violated, a provision of this chapter, the commissioner may:
(a) take informal action to remedy the violation;
(b) place the private law enforcement agency on probation if the violation is a material violation; or
(c) revoke the certification of the private law enforcement agency if:
(i) the violation is so egregious that it constitutes a violation of public trust;
(ii)
(A) the violation is a material violation;
(B) the private law enforcement agency has committed the same violation on a previous occasion; and
(C) the private law enforcement agency was placed probation or had the certification of the private law enforcement agency revoked for the same violation; or
(iii) after committing a material violation:
(A) the commissioner provides the private law enforcement agency with a written notice described in Subsection (2); and
(B) after the commissioner complies with Subsection (1)(c)(iii)(A), the private law enforcement agency commits the same violation or fails to take the corrective action described in the written notice described in Subsection (2).
(2) The written notice required under Subsection (1)(c)(iii)(A) shall include:
(a) a detailed description of the violation;
(b) a statement that the violation constitutes a material violation;
(c) a detailed description of the action the private law enforcement agency is required to take to remedy the violation; and
(d) a specified, reasonable deadline for taking the action required to remedy the violation.
(3) If a private law enforcement agency on probation is in violation of, or has violated, a material provision of probation, the commissioner may:
(a) take informal action to remedy the violation;
(b) extend an existing period of probation; or
(c) revoke the certification of the private law enforcement agency.
(4) If the commissioner takes action to revoke the certification of a private law enforcement agency, the certification remains in effect until all timely challenges or appeals are concluded and the action of the commissioner becomes final.
(5) The certification of a private law enforcement agency remains in effect while the private law enforcement agency is on probation, unless the certification is revoked in accordance with the provisions of this chapter.
Enacted by Chapter 349, 2021 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 21 - Mental Health Resources for First Responders › Section 101 - Definitions.

Effective 5/3/2023
Superseded 7/1/2024
53-21-101.
Definitions.
As used in this chapter:
(1) "Crime scene investigator technician" means an individual employed by a law enforcement agency to collect and analyze evidence from crime scenes and crime-related incidents.
(2) "Department" means the Department of Public Safety.
(3) "First responder" means:
(a) a law enforcement officer, as defined in Section 53-13-103;
(b) an emergency medical technician, as defined in Section 26B-4-137;
(c) an advanced emergency medical technician, as defined in Section 26B-4-137;
(d) a paramedic, as defined in Section 26B-4-137;
(e) a firefighter, as defined in Section 34A-3-113;
(f) a dispatcher, as defined in Section 53-6-102;
(g) a correctional officer, as defined in Section 53-13-104;
(h) a special function officer, as defined in Section 53-13-105, employed by a local sheriff;
(i) a search and rescue worker under the supervision of a local sheriff;
(j) a forensic interviewer or victim advocate employed by a children's justice center established in accordance with Section 67-5b-102;
(k) a credentialed criminal justice system victim advocate as defined in Section 77-38-403 who responds to incidents with a law enforcement officer;
(l) a crime scene investigator technician;
(m) a wildland firefighter; or
(n) an investigator or prosecutor of cases involving sexual crimes against children.
(4) "First responder agency" means:
(a) a special district, municipality, interlocal entity, or other political subdivision that employs a first responder to provide fire protection, paramedic, law enforcement, or emergency services; or
(b) a certified private law enforcement agency as defined in Section 53-19-102.
(5) "Mental health resources" means:
(a) an assessment to determine appropriate mental health treatment that is performed by a mental health therapist;
(b) outpatient mental health treatment provided by a mental health therapist; or
(c) peer support services provided by a peer support specialist who is qualified to provide peer support services under Subsection 26B-5-102(2)(h).
(6) "Mental health therapist" means the same as that term is defined in Section 58-60-102.
(7) "Plan" means a plan to implement or expand a program that provides mental health resources to first responders for which the division awards a grant under this chapter.
(8) "Retired" means the status of an individual who has become eligible, applies for, and may receive an allowance under Title 49, Utah State Retirement and Insurance Benefit Act.
(9) "Separated" means the status of an individual who has separated from employment as a first responder from a first responder agency as a result of a critical incident involving the first responder.
Amended by Chapter 16, 2023 General Session
Amended by Chapter 19, 2023 General Session
Amended by Chapter 328, 2023 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 21 - Mental Health Resources for First Responders › Section 101 - Definitions.

Effective 7/1/2024
53-21-101.
Definitions.
As used in this chapter:
(1) "Crime scene investigator technician" means an individual employed by a law enforcement agency to collect and analyze evidence from crime scenes and crime-related incidents.
(2) "Department" means the Department of Public Safety.
(3) "First responder" means:
(a) a law enforcement officer, as defined in Section 53-13-103;
(b) an emergency medical technician, as defined in Section 53-2e-101;
(c) an advanced emergency medical technician, as defined in Section 53-2e-101;
(d) a paramedic, as defined in Section 53-2e-101;
(e) a firefighter, as defined in Section 34A-3-113;
(f) a dispatcher, as defined in Section 53-6-102;
(g) a correctional officer, as defined in Section 53-13-104;
(h) a special function officer, as defined in Section 53-13-105, employed by a local sheriff;
(i) a search and rescue worker under the supervision of a local sheriff;
(j) a forensic interviewer or victim advocate employed by a children's justice center established in accordance with Section 67-5b-102;
(k) a credentialed criminal justice system victim advocate as defined in Section 77-38-403 who responds to incidents with a law enforcement officer;
(l) a crime scene investigator technician;
(m) a wildland firefighter ; or
(n) an investigator or prosecutor of cases involving sexual crimes against children.
(4) "First responder agency" means:
(a) a special district, municipality, interlocal entity, or other political subdivision that employs a first responder to provide fire protection, paramedic, law enforcement, or emergency services ; or
(b) a certified private law enforcement agency as defined in Section 53-19-102.
(5) "Mental health resources" means:
(a) an assessment to determine appropriate mental health treatment that is performed by a mental health therapist;
(b) outpatient mental health treatment provided by a mental health therapist; or
(c) peer support services provided by a peer support specialist who is qualified to provide peer support services under Subsection 26B-5-102(2)(h).
(6) "Mental health therapist" means the same as that term is defined in Section 58-60-102.
(7) "Plan" means a plan to implement or expand a program that provides mental health resources to first responders for which the division awards a grant under this chapter.
(8) "Retired" means the status of an individual who has become eligible, applies for, and may receive an allowance under Title 49, Utah State Retirement and Insurance Benefit Act.
(9) "Separated" means the status of an individual who has separated from employment as a first responder from a first responder agency as a result of a critical incident involving the first responder.
Amended by Chapter 16, 2023 General Session
Amended by Chapter 19, 2023 General Session
Amended by Chapter 310, 2023 General Session
Amended by Chapter 328, 2023 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 21 - Mental Health Resources for First Responders › Section 102 - Mental health services -- Requirement to provide --- Confidentiality.

Effective 3/1/2023
53-21-102.
Mental health services -- Requirement to provide --- Confidentiality.
(1) Every first responder agency within the state shall provide or make available mental health resources to:
(a) all first responders;
(b) the spouse and children of first responders;
(c) surviving spouses of first responders whose death is classified as a line-of-duty death under Title 49, Utah State Retirement and Insurance Benefit Act;
(d) retired or separated first responders for at least three years from the date that the retired or separated first responder requests mental health resources; and
(e) spouses of retired or separated first responders for a least three years from the date that the spouse of the retired or separated first responder requests mental health resources.
(2) All access by first responders and their families to mental health resources shall be kept confidential.
Amended by Chapter 19, 2023 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 22 - School Security Act › Section 101 - School Security Act -- Definitions.

Effective 5/3/2023
53-22-101.
School Security Act -- Definitions.
As used in this chapter:
(1) "Public school" means the same as that term is defined in Section 53G-9-205.1.
(2) "School resource officer" or "SRO" means a law enforcement officer hired by a public school in accordance with Section 53G-8-703.
(3) "State security chief" means an individual appointed by the commissioner under Section 53-22-102.
Enacted by Chapter 383, 2023 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 22 - School Security Act › Section 102 - State security chief -- Creation -- Appointment.

Effective 5/3/2023
53-22-102.
State security chief -- Creation -- Appointment.
(1) There is created within the department a state security chief.
(2) The state security chief:
(a) is appointed by the commissioner with the approval of the governor;
(b) is subject to the supervision and control of the commissioner;
(c) may be removed at the will of the commissioner;
(d) shall be qualified by experience and education to:
(i) enforce the laws of this state relating to school safety;
(ii) perform duties prescribed by the commissioner; and
(iii) enforce rules made under this chapter.
(3) The duties and responsibilities of the state security chief shall be determined by the Commissioner of Public Safety in conjunction with the School Security Task Force created in Section 53-22-104.
Enacted by Chapter 383, 2023 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 22 - School Security Act › Section 103 - County sheriff responsibilities -- Coordination.

Effective 5/3/2023
53-22-103.
County sheriff responsibilities -- Coordination.
Each county sheriff shall identify an individual within the sheriff's office to coordinate security responsibilities between the state security chief, the county sheriff's office, and the corresponding police chiefs whose jurisdiction includes a public school within the county.
Enacted by Chapter 383, 2023 General Session