(1) 

Terms Used In Utah Code 53-13-111

  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Auxiliary officer: means a sworn, certified, and supervised special function officer, as described by Section 53-13-112. See Utah Code 53-13-101
  • 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
  • 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
  • Peace officer: means any officer certified in accordance with Title 53, Chapter 13, Peace Officer Classifications. See Utah Code 53-1-102
  • 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
  • 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
  • Volunteer: means an officer who donates service without pay or other compensation except expenses actually and reasonably incurred as approved by the supervising agency. See Utah Code 53-13-101
  • (a)  Nothing in this chapter shall preclude any law enforcement agency of the state or any of its political subdivisions from utilizing a sworn and certified peace officer in a reserve or auxiliary capacity.

    (b)  A reserve or auxiliary officer has peace officer authority only while engaged in the reserve or auxiliary activities authorized by the chief or administrator of the agency the officer serves and shall only exercise that spectrum of peace officer authority:

    (i)  that the supervising agency is empowered to delegate; and

    (ii)  for which the officer has been trained and certified.

    (2)  While serving as a nonpaid volunteer in a reserve or auxiliary capacity, or working part-time for fewer hours than that which would qualify the officer as an “employee” under state or federal law, a peace officer is entitled to benefits in accordance with Title 67, Chapter 20, Volunteer Government Workers Act.

    (3)  The agency the reserve or auxiliary officer serves shall ensure that the officer meets the basic and in-service training requirements of the peace officer classification in which the officer will function.

    Amended by Chapter 92, 1999 General Session