As used in this section and in Sections 53-13-106.2 through 53-13-106.10:

(1)  “Exercise law enforcement authority” and “exercise of law enforcement authority” means:

Terms Used In Utah Code 53-13-106.1

  • Arrest: Taking physical custody of a person by lawful authority.
  • Department: means the Department of Public Safety created in Section 53-1-103. See Utah Code 53-1-102
  • 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.
  • Land: includes :Utah Code 68-3-12.5
  • Local law enforcement agency: means a law enforcement agency of any political subdivision of the state. See Utah Code 53-13-101
  • Person: means :Utah Code 68-3-12.5
  • 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
  • Statute: A law passed by a legislature.
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(a)  to take any action on private land, state-owned land, or federally managed land, to investigate, stop, serve process, search, arrest, cite, book, or incarcerate a person for a federal, state, or local criminal violation when the action is based on:

(i)  a federal statute, regulation, or rule;

(ii)  a state or local statute, ordinance, regulation, or rule; or

(iii)  a state or local statute, ordinance, regulation, or rule that is being enforced by a federal agency pursuant to the Assimilative Crimes Act, 18 U.S.C. § 13; or

(b)  to gain access to or use the correctional or communication facilities and equipment of any state or local law enforcement agency.

(2)  “Federal agency” means a federal agency that manages federally managed land or regulates activities on that land, including:

(a)  the United States Bureau of Land Management;

(b)  the United States Forest Service;

(c)  the National Park Service;

(d)  the United States Fish and Wildlife Service;

(e)  the United States Bureau of Reclamation;

(f)  the United States Environmental Protection Agency;

(g)  the United States Army Corps of Engineers; and

(h)  the Department of Veterans Affairs.

(3)  “Federal employee” means an employee or other agent of a federal agency, but does not include:

(a)  a special agent of the Federal Bureau of Investigation;

(b)  a special agent of the United States Secret Service;

(c)  a special agent of the United States Department of Homeland Security, unless the employee is a customs inspector or detention removal officer;

(d)  a special agent of the Bureau of Alcohol, Tobacco, Firearms, and Explosives;

(e)  a special agent of the United States Drug Enforcement Administration;

(f)  a United States marshal, deputy marshal, or special deputy United States marshal;

(g)  a United States postal inspector of the United States Postal Inspection Service; or

(h)  a police officer of the Department of Veterans Affairs.

(4)  “Federally managed land” means land managed by the following federal agencies:

(a)  the United States Bureau of Land Management;

(b)  the United States Forest Service;

(c)  the National Park Service;

(d)  the United States Fish and Wildlife Service;

(e)  the United States Bureau of Reclamation; and

(f)  the Department of Veterans Affairs.

(5)  “Proprietary jurisdiction federally managed land” means all federally managed land as defined in this section except:

(a)  buildings, installations, and other structures under the exclusive jurisdiction of the Congress of the United States pursuant to the United States Constitution, Article I, Section 8, Clause 17; and

(b)  parcels that constitute federal enclaves subject to the concurrent jurisdiction of the United States and the state of Utah.

Amended by Chapter 153, 2020 General Session

  Previous section
Next section  
 Chapter 13 Contents