Utah Code 11-13-203.5. Powers, immunities, and privileges of law enforcement officers under an agreement for law enforcement — Requirements for out-of-state officers
11-13-203.5. Powers, immunities, and privileges of law enforcement officers under an agreement for law enforcement — Requirements for out-of-state officers.
(1)
While performing duties under an agreement for law enforcement services under Subsection 11-13-202(1)(d), whether inside or outside the law enforcement officer’s own jurisdiction, each law enforcement officer shall possess:
Terms Used In Utah Code 11-13-203.5
Arrest: Taking physical custody of a person by lawful authority.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Out-of-state public agency: means a public agency as defined in Subsection (19)(c), (d), or (e). See Utah Code 11-13-103
Public agency: means :
(a)
a city, town, county, school district, special district, special service district, an interlocal entity, or other political subdivision of the state;
(b)
the state or any department, division, or agency of the state;
(c)
any agency of the United States;
(d)
any political subdivision or agency of another state or the District of Columbia including any interlocal cooperation or joint powers agency formed under the authority of the law of the other state or the District of Columbia; or
(e)
any Indian tribe, band, nation, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. See Utah Code 11-13-103
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)
all law enforcement powers that the officer possesses within the officer’s own jurisdiction, including the power to arrest; and
(b)
the same immunities and privileges as if the duties were performed within the officer’s own jurisdiction.
(2)
Except as provided in Subsection (3), an agreement between a public agency in this state and an out-of-state public agency providing for reciprocal law enforcement services under Subsection 11-13-202(1)(d) shall require each individual from the out-of-state public agency assigned to law enforcement duty in this state:
(a)
to be certified as a peace officer in the state of the out-of-state public agency; and
(b)
to apply to the Peace Officer Standards and Training Council, created in Section 53-6-106, for recognition before undertaking duties in this state under the agreement.
(3)
The requirements under Subsection (2)(b) do not apply to an agreement between a public agency of this state and an out-of-state public agency to provide reciprocal law enforcement services under Subsection 11-13-202(1)(d) if the agreement:
(a)
only provides for aid or assistance to be given by an out-of-state peace officer to a peace officer of this state:
(i)
during an emergency; or
(ii)
when aid or assistance is requested by the public agency of this state; and
(b)
does not include a provision allowing an out-of-state officer to be regularly assigned to law enforcement duties in this state.
