(1) 

Terms Used In Utah Code 53-13-105

  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • 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.
  • 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
  • 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. See Utah Code 53-13-101
  • Council: means the Peace Officer Standards and Training Council created in Section 53-6-106. See Utah Code 53-13-101
  • Department: means the Department of Public Safety created in Section 53-1-103. See Utah Code 53-1-102
  • 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
  • Law enforcement officer: means the same as that term is defined in Section 53-13-103. 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
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Spectrum: means that which encompasses the scope of authority. See Utah Code 53-13-101
  • 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
  • Statute: A law passed by a legislature.
  • 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
  • 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. See Utah Code 53-13-101
(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 26B-5-303;

(vii)  Utah State Developmental Center security officers designated pursuant to Section 26B-6-506;

(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 17-30a-104, 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 special function 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.

(5) 

(a)  An individual shall be 19 years old or older before being certified or employed as a special function officer.

(b)  A special function officer who is under 21 years old may only work as a correctional officer in accordance with Section 53-13-104.

Amended by Chapter 328, 2023 General Session

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