53-10-211.  Notice required of arrest of school employee for controlled substance or sex offense.

(1)  The chief administrative officer of the law enforcement agency making the arrest or receiving notice under Subsection (2) shall immediately notify:

Terms Used In Utah Code 53-10-211

  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • 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.
  • Law enforcement agency: means an entity or division of:
(i) 
(A) the federal government, a state, or a political subdivision of a state;
(B) a state institution of higher education; or
(C) a private institution of higher education, if the entity or division is certified by the commissioner under Title 53, Chapter 19, Certification of Private Law Enforcement Agency; and
(ii) that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances. See Utah Code 53-1-102
  • 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)  the State Board of Education; and

    (b)  the superintendent of schools of the employing public school district or, if the offender is an employee of a private school, the administrator of that school.

    (2)  Subsection (1) applies upon:

    (a)  the arrest of any school employee for any offense:

    (i)  in Section 58-37-8;

    (ii)  in 4; or

    (iii)  involving sexual conduct; or

    (b)  upon receiving notice from any other jurisdiction that a school employee has committed an act which would, if committed in Utah, be an offense under Subsection (2)(a).

    Amended by Chapter 144, 2016 General Session