(1) 

Terms Used In Utah Code 53-13-103

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Arrest: Taking physical custody of a person by lawful authority.
  • 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. See Utah Code 53-13-101
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Commissioner: means the commissioner of public safety appointed under Section 53-1-107. See Utah Code 53-1-102
  • Council: means the Peace Officer Standards and Training Council created in Section 53-6-106. See Utah Code 53-13-101
  • Director: means the director of the Peace Officer Standards and Training Division appointed under Section 53-6-104. See Utah Code 53-13-101
  • Division: means the Peace Officer Standards and Training Division created in Section 53-6-103. See Utah Code 53-13-101
  • Fraud: Intentional deception resulting in injury to another.
  • 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 has been certified by the commissioner; and
(ii) that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances. See Utah Code 53-1-102
  • Law enforcement officer: means the same as that term is defined in Section 53-13-103. See Utah Code 53-1-102
  • Local law enforcement agency: means a law enforcement agency of any political subdivision of the state. See Utah Code 53-13-101
  • Motor vehicle: means every self-propelled vehicle and every vehicle propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except motorized wheel chairs and vehicles moved solely by human power. See Utah Code 53-1-102
  • Peace officer: means any officer certified in accordance with Title 53, Chapter 13, Peace Officer Classifications. See Utah Code 53-1-102
  • Principal duties: means those duties which are the highest and foremost in responsibility. See Utah Code 53-13-101
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • 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
  • 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. See Utah Code 53-13-101
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • (a)  “Law enforcement officer” means a sworn and certified peace officer:

    (i)  who is an employee of a law enforcement agency; and

    (ii)  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” 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 79-4-501;

    (iv)  any police officer employed by any college or university;

    (v)  investigators for the Motor Vehicle Enforcement Division;

    (vi)  investigators for the Department of Insurance, Fraud Division;

    (vii)  special agents or investigators employed by the attorney general, district attorneys, and county attorneys;

    (viii)  employees of the Department of Natural Resources designated as peace officers by law;

    (ix)  school district police officers as designated by the board of education for the school district;

    (x)  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;

    (xi)  correctional enforcement, investigative, or adult probation and parole officers employed by the Department of Corrections serving on or before July 1, 1993;

    (xii)  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;

    (xiii)  airport police officers of any airport owned or operated by the state or any of its political subdivisions; and

    (xiv)  transit police officers designated under Section 17B-2a-822.

    (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 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:

    (a) 

    (i)  have satisfactorily completed the requirements of Section 53-6-205; or

    (ii)  have met the waiver requirements in Section 53-6-206; and

    (b)  have satisfactorily completed 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.

    Amended by Chapter 280, 2019 General Session