A peace officer may engage in off-duty employment as a security officer under Section 58-63-304 only if:

(1)  the law enforcement agency employing the peace officer:

Terms Used In Utah Code 53-13-114

  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • 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
  • 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)  has a written policy regarding peace officer employees working while off-duty as security officers; and

    (b)  the policy under Subsection (1)(a) is:

    (i)  posted and publicly available on the appropriate city, county, or state website; or

    (ii)  posted on the Utah Public Notice Website created in Section 63A-16-601 if the law enforcement agency does not have access to a website under Subsection (1)(b)(i).

    (2)  the agency’s chief administrative officer, or that officer’s designee, provides written authorization for an off-duty peace officer to work as a security officer; and

    (3)  the business or entity employing the off-duty peace officer to work as a security officer complies with state and federal income reporting and withholding requirements regarding the off-duty officer’s wages.

    Amended by Chapter 84, 2021 General Session
    Amended by Chapter 345, 2021 General Session

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