53-5-711. Law enforcement officials, judges, and court commissioners exempt — Training requirements — Qualification — Revocation.
| (1) |
As used in this section and Section 76-10-523:
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Terms Used In Utah Code 53-5-711- Board: means the Concealed Firearm Review Board created in Section 53-5-703. See Utah Code 53-5-702
- Bureau: means the Bureau of Criminal Identification created in Section 53-10-201 within the Department of Public Safety. See Utah Code 53-5-702
- 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 the Department of Public Safety. See Utah Code 53-5-702
- 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.
- 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) |
“Court commissioner” means an individual appointed under Section 78A-5-107. |
| (b) |
| (i) |
“Judge” means a judge or justice of a court of record or a court not of record. |
| (ii) |
“Judge” does not include a judge pro tem or senior judge. |
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| (c) |
“Law enforcement official” means:
| (i) |
a member of the Board of Pardons and Parole; |
| (ii) |
a district attorney, deputy district attorney, county attorney or deputy county attorney of a county not in a prosecution district; |
| (iii) |
the attorney general; |
| (iv) |
an assistant attorney general designated as a criminal prosecutor; or |
| (v) |
a city attorney or a deputy city attorney designated as a criminal prosecutor. |
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| (2) |
To qualify for an exemption in Section 76-10-523, a law enforcement official, judge, or court commissioner shall complete the following training requirements:
| (b) |
successfully complete an additional course of training as established by the commissioner of public safety designed to assist them while carrying out their official law enforcement, judicial, or court commissioner duties as agents for the state or its political subdivisions. |
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| (3) |
Annual requalification requirements for law enforcement officials, judges, or court commissioners shall be established by the commissioner of public safety. Additional requalification requirements may be established by the:
| (a) |
Board of Pardons and Parole by rule for its members; |
| (b) |
Judicial Council by rule for judges and court commissioners; and |
| (c) |
the district attorney, county attorney in a county not in a prosecution district, the attorney general, or city attorney by policy for prosecutors under their jurisdiction. |
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| (4) |
The bureau may:
| (a) |
issue a certificate of qualification to a judge, law enforcement official, or court commissioner who has completed the requirements of Subsection (2), which certificate of qualification is valid until revoked; |
| (b) |
revoke the certificate of qualification of a judge, law enforcement official, or court commissioner who:
| (i) |
fails to meet the annual requalification criteria established pursuant to Subsection (3); |
| (ii) |
would be subject to revocation of a concealed firearm permit under Subsection 53-5-704(2)(a); or |
| (iii) |
is no longer employed as a judge, law enforcement official, or court commissioner as defined in Subsection (1); and |
|
| (c) |
certify instructors for the training requirements of this section. |
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Amended by Chapter 39, 2019 General Session
