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[Utah Code Table of Contents]
[TITLE 53. Table of Contents]
53-13-101 Definitions.
As used in this chapter:
(1) "Auxiliary officer" means a sworn, certified, and supervised special function officer, as described by Section 53-13-112 .
(2) "Certified" means recognized and accepted by the division as having successfully met and maintained the standards and training requirements set and approved by the director of the division with the advice and consent of the council.
(3) "Collateral duty" means a duty to corroborate and support a peace officer function that is secondary and supplemental to the primary duty of the position.
(4) "Council" means the Peace Officer Standards and Training Council created in Section 53-6-106 .
(5) "Director" means the director of the Peace Officer Standards and Training Division appointed under Section 53-6-104 .
(6) "Division" means the Peace Officer Standards and Training Division created in Section 53-6-103 .
(7) "Local law enforcement agency" means a law enforcement agency of any political subdivision of the state.
(8) "Primary duties" means those duties which come first in degree of effort and importance.
(9) "Principal duties" means those duties which are the highest and foremost in responsibility.
(10) "Reserve officer" means a sworn and certified peace officer, whether paid or voluntary, who:
(a) is serving in a reserve capacity for a law enforcement agency that is part of or administered by the state or any of its political subdivisions; and
(b) meets the basic and in-service training requirements of the peace officer classification in which the officer will function.
(11) "Spectrum" means that which encompasses the scope of authority. " Full spectrum" encompasses total 24-hour authority; while anything less than full authority is contained or restricted within certain limits as set forth by statute, ordinance, policy, or rule.
(12) "Sworn" means having taken the oath of office set forth in Utah Constitution Article IV, Section 10, administered by the law enforcement agency for whom a peace officer works.
(13) "Volunteer" means an officer who donates service without pay or other compensation except expenses actually and reasonably incurred as approved by the supervising agency.
(14) (a) "While on duty" means while an officer is actually performing the job duties and work activities assigned by the employing agency and for which the officer is trained and certified, and may include time spent outside those duties and activities if that additional time involves an activity that is an integral and necessary part of the job, and is spent for the benefit, and under the direction of, the employing agency.
(b) "While on duty" does not include the time an officer
spends commuting between the officer's home and place of
employment unless that time involves an activity in Subsection
(14)(a).
1999
53-13-102 Peace officer classifications.
The following officers may exercise peace officer authority only as specifically authorized by law:
(1) law enforcement officers;
(2) correctional officers;
(3) special function officers; and
(4) federal officers.
1998
53-13-103 Law enforcement officer.
(1) (a) "Law enforcement officer" means a sworn and certified peace officer who is an employee of a law enforcement agency that is part of or administered by the state or any of its political subdivisions, and whose primary and principal duties consist of the prevention and detection of crime and the enforcement of criminal statutes or ordinances of this state or any of its political subdivisions.
(b) "Law enforcement officer" specifically includes the following:
(i) any sheriff or deputy sheriff, chief of police, police officer, or marshal of any county, city, or town;
(ii) the commissioner of public safety and any member of the Department of Public Safety certified as a peace officer;
(iii) all persons specified in Sections 23-20-1.5 and 63-11-17.2 ;
(iv) any police officer employed by any college or university;
(v) investigators for the Motor Vehicle Enforcement Division;
(vi) special agents or investigators employed by the attorney general, district attorneys, and county attorneys;
(vii) employees of the Department of Natural Resources designated as peace officers by law;
(viii) school district police officers as designated by the board of education for the school district;
(ix) the executive director of the Department of Corrections and any correctional enforcement or investigative officer designated by the executive director and approved by the commissioner of public safety and certified by the division;
(x) correctional enforcement, investigative, or adult probation and parole officers employed by the Department of Corrections serving on or before July 1, 1993;
(xi) members of a law enforcement agency established by a private college or university provided that the college or university has been certified by the commissioner of public safety according to rules of the Department of Public Safety; and
(xii) airport police officers of any airport owned or operated by the state or any of its political subdivisions.
(2) Law enforcement officers may serve criminal process and arrest violators of any law of this state and have the right to require aid in executing their lawful duties.
(3) (a) A law enforcement officer has statewide full-spectrum peace officer authority, but the authority extends to other counties, cities, or towns only when the officer is acting under Title 77, Chapter 9, Uniform Act on Fresh Pursuit, unless the law enforcement officer is employed by the state.
(b) (i) A local law enforcement agency may limit the jurisdiction in which its law enforcement officers may exercise their peace officer authority to a certain geographic area.
(ii) Notwithstanding Subsection (3)(b)(i), a law enforcement officer may exercise his authority outside of the limited geographic area, pursuant to Title 77, Chapter 9, Uniform Act on Fresh Pursuit, if the officer is pursuing an offender for an offense that occurred within the limited geographic area.
(c) The authority of law enforcement officers employed by the Department of Corrections is regulated by Title 64, Chapter 13, Department of Corrections - State Prison.
(4) A law enforcement officer shall, prior to exercising peace officer authority, satisfactorily complete:
(a) the basic course at a certified law enforcement officer training academy or pass a certification examination as provided in Section 53-6-206 , and be certified; and
(b) annual certified training of at least 40 hours per
year as directed by the director of the division, with the
advice and consent of the council.
2001
53-13-104 Correctional officer.
(1) (a) "Correctional officer" means a sworn and certified officer employed by the Department of Corrections, any political subdivision of the state, or any private entity which contracts with the state or its political subdivisions to incarcerate inmates who is charged with the primary duty of providing community protection.
(b) "Correctional officer" includes an individual assigned to carry out any of the following types of functions:
(i) controlling, transporting, supervising, and taking into custody of persons arrested or convicted of crimes;
(ii) supervising and preventing the escape of persons in state and local incarceration facilities;
(iii) guarding and managing inmates and providing security and enforcement services at a correctional facility; and
(iv) employees of the Board of Pardons and Parole serving on or before September 1, 1993, whose primary responsibility is to prevent and detect crime, enforce criminal statutes, and provide security to the Board of Pardons and Parole, and who are designated by the Board of Pardons and Parole, approved by the commissioner of public safety, and certified by the Peace Officer Standards and Training Division.
(2) (a) Correctional officers have peace officer authority only while on duty. The authority of correctional officers employed by the Department of Corrections is regulated by Title 64, Chapter 13, Department of Corrections - State Prison.
(b) Correctional officers may carry firearms only if authorized by and under conditions specified by the director of the Department of Corrections or the chief law enforcement officer of the employing agency.
(3) (a) An individual may not exercise the authority of an adult correctional officer until the individual has satisfactorily completed a basic training program for correctional officers and the director of the Department of Corrections has certified the completion of training to the director of the division.
(b) An individual may not exercise the authority of a county correctional officer until:
(i) the individual has satisfactorily completed a basic training program for correctional officers and any other specialized training required by the local law enforcement agency; and
(ii) the chief administrator of the local law enforcement agency has certified the completion of training to the director of the division.
(4) (a) The Department of Corrections of the state shall establish and maintain a correctional officer basic course and in-service training programs as approved by the director of the division with the advice and consent of the council.
(b) The in-service training shall:
(i) consist of no fewer than 40 hours per year; and
(ii) be conducted by the agency's own staff or other agencies.
(5) The local law enforcement agencies may establish correctional
officer basic, advanced, or in-service training programs
as approved by the director of the division with the advice
and consent of the council.
1999
53-13-105 Special function officer.
(1) (a) "Special function officer" means a sworn and certified peace officer performing specialized investigations, service of legal process, security functions, or specialized ordinance, rule, or regulatory functions.
(b) "Special function officer" includes:
(i) state military police;
(ii) constables;
(iii) port-of-entry agents as defined in Section 72-1-102 ;
(iv) authorized employees or agents of the Department of Transportation assigned to administer and enforce the provisions of Title 72, Chapter 9, Motor Carrier Safety Act;
(v) school district security officers;
(vi) Utah State Hospital security officers designated pursuant to Section 62A-15-603 ;
(vii) Utah State Developmental Center security officers designated pursuant to Subsection 62A-5-206 (9);
(viii) fire arson investigators for any political subdivision of the state;
(ix) ordinance enforcement officers employed by municipalities or counties may be special function officers;
(x) employees of the Department of Natural Resources who have been designated to conduct supplemental enforcement functions as a collateral duty;
(xi) railroad special agents deputized by a county sheriff under Section 17-30-2 , or appointed pursuant to Section 56-1-21.5 ;
(xii) auxiliary officers, as described by Section 53-13-112 ;
(xiii) special agents, process servers, and investigators employed by city attorneys;
(xiv) criminal tax investigators designated under Section 59-1-206 ; and
(xv) all other persons designated by statute as having special function officer authority or limited peace officer authority.
(2) (a) A special function officer may exercise that spectrum of peace officer authority that has been designated by statute to the employing agency, and only while on duty, and not for the purpose of general law enforcement.
(b) If the special function officer is charged with security functions respecting facilities or property, the powers may be exercised only in connection with acts occurring on the property where the officer is employed or when required for the protection of the employer's interest, property, or employees.
(c) A special function officer may carry firearms only while on duty, and only if authorized and under conditions specified by the officer's employer or chief administrator.
(3) (a) A special function officer may not exercise the authority of a peace officer until:
(i) the officer has satisfactorily completed an approved basic training program for special function officers as provided under Subsection (4); and
(ii) the chief law enforcement officer or administrator has certified this fact to the director of the division.
(b) City and county constables and their deputies shall certify their completion of training to the legislative governing body of the city or county they serve.
(4) (a) The agency that the special function officer serves may establish and maintain a basic special function course and in-service training programs as approved by the director of the division with the advice and consent of the council.
(b) The in-service training shall consist of no fewer
than 40 hours per year and may be conducted by the agency's
own staff or by other agencies.
2002
53-13-106 Federal officers - State law enforcement authority - Federal Olympic Officer.
(1) (a) "Federal officer" includes:
(i) a special agent of the Federal Bureau of Investigation;
(ii) a special agent of the United States Secret Service;
(iii) a special agent of the United States Customs Service, excluding a customs inspector;
(iv) a special agent of the Bureau of Alcohol, Tobacco and Firearms;
(v) a special agent of the Federal Drug Enforcement Agency;
(vi) a United States marshal, deputy marshal, and special deputy United States marshal; and
(vii) a U.S. Postal Inspector of the United States Postal Inspection Service.
(b) Notwithstanding Subsection (2), federal officers listed in Subsection (1)(a) have statewide law enforcement authority relating to felony offenses under the laws of this state.
(c) The council may designate other federal peace officers, as necessary, if the officers:
(i) are persons employed full-time by the United States government as federally recognized law enforcement officers primarily responsible for the investigation and enforcement of the federal laws;
(ii) have successfully completed formal law enforcement training offered by an agency of the federal government consisting of not less than 400 hours; and
(iii) maintain in-service training in accordance with the standards set forth in Section 53-13-103 .
(2) Except as otherwise provided under Title 63, Chapter 8, Federal Jurisdiction, and Title 77, Chapter 9, Uniform Act on Fresh Pursuit, a federal officer may exercise state law enforcement authority only if:
(a) the state law enforcement agencies and county sheriffs with jurisdiction enter into an agreement with the federal agency to be given authority; and
(b) except as provided in Subsection (3) of this section, each federal officer employed by the federal agency meets the waiver requirements set forth in Section 53-6-206 .
(3) A federal officer working as such in the state on or before July 1, 1995, may exercise state law enforcement authority without meeting the waiver requirement.
(4) At any time, consistent with any contract with a federal agency, a state or local law enforcement authority may withdraw state law enforcement authority from any individual federal officer by sending written notice to the federal agency and to the division.
(5) The authority of a federal officer under this section is limited to the jurisdiction of the authorizing state or local agency, and may be further limited by the state or local agency to enforcing specific statutes, codes, or ordinances.
(6) (a) As used in this section, "Federal Olympic Officer" means any federally sworn law enforcement officer operating under the control of the United States Secret Service or the Olympic Public Safety Command created in Section 53-12-201 , beginning on January 1, 2002, and ending at midnight on March 30, 2002.
(b) Federal Olympic Officers are exempt from the application of the provisions in Subsection (1)(c), Subsection (2), and Subsection (3) of this section.
(c) To the extent permitted by federal law or regulation,
and not withstanding any other provision of this section,
Federal Olympic Officers shall have full-spectrum peace officer
authority in Utah as though the officer or agent were an
employee of the state, as provided in Subsection
53-13-103
(3)(b).
2001
53-13-107 Basic training requirements for position - Peace officers temporarily in the state.
(1) (a) Any person who has satisfactorily completed, before the effective date of this chapter, an approved basic training program required of the person's position may act in a certified capacity without completion of an additional basic training program.
(b) Any person hired, appointed, or elected to any position designated in this chapter, except federal officer, shall satisfactorily complete the required basic training required of that position before the person is authorized to exercise peace officer powers under this chapter.
(2) Any peace officer employed by a law enforcement agency of another state and functioning in that capacity within Utah on a temporary basis is considered certified under Utah law:
(a) while functioning as a peace officer within the state at the request of a Utah law enforcement agency;
(b) when conducting business as a representative of a law enforcement agency from another state; or
(c) while functioning in a law enforcement capacity under
the jurisdiction of the Olympic Public Safety Command created
in Section
53-12-201
beginning January 1, 2002, and ending at midnight
on March 30, 2002.
2001
53-13-108 Retirement.
Eligibility for coverage under the Public Safety Contributory
Retirement System or Public Safety Noncontributory Retirement
System for persons and political subdivisions included in
this chapter is governed by Title 49, Chapter 14, Public
Safety Contributory Retirement Act, and Chapter 15, Public
Safety Noncontributory Retirement Act.
2002
53-13-109 References in other provisions.
When the term peace officer is used in any other provision
of law, the term includes anyone authorized to exercise authority
as provided in this chapter, except federal officers.
1998
53-13-110 Duties to investigate specified instances of abuse or neglect.
In accordance with the requirements of Section
62A-4a-202.5
, 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 Human Services.
1998
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.
1999
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.
1999
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.
2000
