United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-3-913

The chief of police has authority within the municipality and must adopt a written policy banning stops, detentions, or searches based solely on race, color, ethnicity, age, or gender.

Source excerpt

department governancelaw enforcement administrationmunicipal governancepolice oversight

Jurisdiction: United States — Utah
Status: In force
Dates: Legal dates not recorded

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“The chief of police has authority within the municipality and must adopt a written policy banning stops, detentions, or searches based solely on race, color, ethnicity, age, or gender.”

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Authority of chief of police -- Oversight.

The chief of police has authority within the municipality and must adopt a written policy banning stops, detentions, or searches based solely on race, color, ethnicity, age, or gender.

Section 10-3-913

Subsection 10-3-913(1)(e)

Law enforcement must select a representative to serve on a child protection team.

Section 10-3-913(1)(e)

Subsection 10-3-913(4)(a)(ii)

An authority or office-holder may overrule hiring or appointment proposals by the chief of police and may review, approve, veto, or strike down certain police department rules, policies, budgets, and contracts.

Section 10-3-913(4)(a)(ii)

Subsection 10-3-913(4)(b)

This subsection says nothing here limits the Utah Code’s authority over the chief of police, bars the municipal council or chief executive officer from a lawful action allowed by law, or limits a civil service commission’s authority.

Section 10-3-913(4)(b)

Subsection 10-3-913(5)(b)

provides direct oversight of the board, committee, or other entity.

Section 10-3-913(5)(b)

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Source record from le.utah.gov · Legal dates not recorded

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Showing 25 of 25 provisions

Provision 25

Part 10-3-9

part 10-3-9 Appointed Officials and Their Duties

§ 10-3-913Authority of chief of police -- Oversight.Provision

Source excerpt

The chief of police has authority within the municipality and must adopt a written policy banning stops, detentions, or searches based solely on race, color, ethnicity, age, or gender.

Authority of chief of police -- Oversight. The chief of police has the same authority as the sheriff within the boundaries of the municipality of appointment. The chief has authority to: suppress riots, disturbances, and breaches of the peace; apprehend all persons violating state laws or city ordinances; diligently discharge his duties and enforce all ordinances of the city to preserve the peace, good order, and protection of the rights and property of all persons; attend the municipal justice court located within the city when required, provide security for the court, and obey its orders and directions; and select a representative of law enforcement to serve as a member of a child protection team, as defined in Section 80-1-102 . This section is not a limitation of a police chief's statewide authority as otherwise provided by law. The chief of police shall adopt a written policy that prohibits the stopping, detention, or search of any person when the action is solely motivated by considerations of race, color, ethnicity, age, or gender. Notwithstanding Sections 10-3-918 and 10-3-919 , a municipality may not establish a board, committee, or other entity that: has authority independent of the chief of police; and has authority to overrule a hiring or appointment proposal of the chief of police; is required to review or approve a police department's rules, regulations, policies, or procedures in order for the rules, regulations, policies, or procedures to take effect; has authority to veto a new policy, or strike down an existing policy, established under the authority of the chief of police; is required to review or approve a police department's budget in order for the budget to take effect; or has authority to review or approve a contract the police department makes with a police union or other organization. Nothing in this Subsection (4) : limits the authority the Utah Code provides over the chief of police; prohibits the municipal council or chief executive officer from taking a lawful action described in Subsection (4)(a)(ii) that is allowed by law; or limits the authority of a civil service commission established in accordance with Title 10, Chapter 3, Part 10, Civil Service Commission . Subject to Subsection (4) , a municipality may establish a board, committee, or other entity that relates to the provision of law enforcement services and that has authority independent of the chief of police if the municipality: directly appoints the board, committee, or other entity's members; and provides direct oversight of the board, committee, or other entity.

Section 10-3-913Verify source

§ 10-3-913(1)Subsection 10-3-913(1)Provision

Source excerpt

The chief of police has the same authority as the sheriff within the municipality, including powers to suppress disturbances, apprehend violators, attend and secure the municipal justice court when required, and appoint a law-enforcement representative to a child protection team.

The chief of police has the same authority as the sheriff within the boundaries of the municipality of appointment. The chief has authority to: suppress riots, disturbances, and breaches of the peace; apprehend all persons violating state laws or city ordinances; diligently discharge his duties and enforce all ordinances of the city to preserve the peace, good order, and protection of the rights and property of all persons; attend the municipal justice court located within the city when required, provide security for the court, and obey its orders and directions; and select a representative of law enforcement to serve as a member of a child protection team, as defined in Section 80-1-102 .

Section 10-3-913(1)Verify source

§ 10-3-913(1)(a)Subsection 10-3-913(1)(a)Provision

Source excerpt

An unnamed actor must suppress riots, disturbances, and breaches of the peace.

suppress riots, disturbances, and breaches of the peace;

Section 10-3-913(1)(a)Verify source

§ 10-3-913(1)(b)Subsection 10-3-913(1)(b)Provision

Source excerpt

Apprehend all persons violating state laws or city ordinances.

apprehend all persons violating state laws or city ordinances;

Section 10-3-913(1)(b)Verify source

§ 10-3-913(1)(c)Subsection 10-3-913(1)(c)Provision

Source excerpt

He must diligently discharge his duties and enforce city ordinances.

diligently discharge his duties and enforce all ordinances of the city to preserve the peace, good order, and protection of the rights and property of all persons;

Section 10-3-913(1)(c)Verify source

§ 10-3-913(1)(d)Subsection 10-3-913(1)(d)Provision

Source excerpt

The municipal justice court, when required, must attend court within the city, provide security for the court, and obey the court’s orders and directions.

attend the municipal justice court located within the city when required, provide security for the court, and obey its orders and directions; and

Section 10-3-913(1)(d)Verify source

§ 10-3-913(1)(e)Subsection 10-3-913(1)(e)Provision

Source excerpt

Law enforcement must select a representative to serve on a child protection team.

select a representative of law enforcement to serve as a member of a child protection team, as defined in Section 80-1-102 .

Section 10-3-913(1)(e)Verify source

§ 10-3-913(2)Subsection 10-3-913(2)Provision

Source excerpt

This section is not a limitation of a police chief's statewide authority as otherwise provided by law.

Section 10-3-913(2)Verify source

§ 10-3-913(3)Subsection 10-3-913(3)Provision

Source excerpt

The chief of police must adopt a written policy banning stops, detention, or searches based solely on race, color, ethnicity, age, or gender.

The chief of police shall adopt a written policy that prohibits the stopping, detention, or search of any person when the action is solely motivated by considerations of race, color, ethnicity, age, or gender.

Section 10-3-913(3)Verify source

§ 10-3-913(4)Subsection 10-3-913(4)Provision

Source excerpt

A municipality may not create a board, committee, or similar entity with specified powers over the chief of police, police hiring, police rules, policy, budget, or police-union contracts.

Notwithstanding Sections 10-3-918 and 10-3-919 , a municipality may not establish a board, committee, or other entity that: has authority independent of the chief of police; and has authority to overrule a hiring or appointment proposal of the chief of police; is required to review or approve a police department's rules, regulations, policies, or procedures in order for the rules, regulations, policies, or procedures to take effect; has authority to veto a new policy, or strike down an existing policy, established under the authority of the chief of police; is required to review or approve a police department's budget in order for the budget to take effect; or has authority to review or approve a contract the police department makes with a police union or other organization. Nothing in this Subsection (4) : limits the authority the Utah Code provides over the chief of police; prohibits the municipal council or chief executive officer from taking a lawful action described in Subsection (4)(a)(ii) that is allowed by law; or limits the authority of a civil service commission established in accordance with Title 10, Chapter 3, Part 10, Civil Service Commission .

Section 10-3-913(4)Verify source

§ 10-3-913(4)(a)Subsection 10-3-913(4)(a)Provision

Source excerpt

A municipality may not establish certain police oversight bodies with specified independent review, veto, approval, or override powers.

Section 10-3-913(4)(a)Verify source

§ 10-3-913(4)(a)(i)Subsection 10-3-913(4)(a)(i)Provision

Source excerpt

Someone has authority independent of the chief of police.

has authority independent of the chief of police; and

Section 10-3-913(4)(a)(i)Verify source

§ 10-3-913(4)(a)(ii)Subsection 10-3-913(4)(a)(ii)Provision

Source excerpt

has authority to overrule a hiring or appointment proposal of the chief of police; is required to review or approve a police department's rules, regulations, policies, or procedures in order for the rules, regulations, policies, or procedures to take effect; has authority to veto a new policy, or strike down an existing policy, established under the authority of the chief of police; is required to review or approve a police department's budget in order for the budget to take effect; or has authority to review or approve a contract the police department makes with a police union or other organization.

Section 10-3-913(4)(a)(ii)Verify source

§ 10-3-913(4)(a)(ii)(A)Subsection 10-3-913(4)(a)(ii)(A)Provision

Source excerpt

An unspecified authority may overrule a chief of police hiring or appointment proposal.

has authority to overrule a hiring or appointment proposal of the chief of police;

Section 10-3-913(4)(a)(ii)(A)Verify source

§ 10-3-913(4)(a)(ii)(B)Subsection 10-3-913(4)(a)(ii)(B)Provision

Source excerpt

A review or approval is required before a police department’s rules, regulations, policies, or procedures may take effect.

is required to review or approve a police department's rules, regulations, policies, or procedures in order for the rules, regulations, policies, or procedures to take effect;

Section 10-3-913(4)(a)(ii)(B)Verify source

§ 10-3-913(4)(a)(ii)(C)Subsection 10-3-913(4)(a)(ii)(C)Provision

Source excerpt

An unidentified holder has authority to veto a new policy or strike down an existing policy made under the chief of police’s authority.

has authority to veto a new policy, or strike down an existing policy, established under the authority of the chief of police;

Section 10-3-913(4)(a)(ii)(C)Verify source

§ 10-3-913(4)(a)(ii)(D)Subsection 10-3-913(4)(a)(ii)(D)Provision

Source excerpt

is required to review or approve a police department's budget in order for the budget to take effect; or

Section 10-3-913(4)(a)(ii)(D)Verify source

§ 10-3-913(4)(a)(ii)(E)Subsection 10-3-913(4)(a)(ii)(E)Provision

Source excerpt

Someone has authority to review or approve a contract between the police department and a police union or other organization.

has authority to review or approve a contract the police department makes with a police union or other organization.

Section 10-3-913(4)(a)(ii)(E)Verify source

§ 10-3-913(4)(b)Subsection 10-3-913(4)(b)Provision

Source excerpt

Nothing in this Subsection (4) : limits the authority the Utah Code provides over the chief of police; prohibits the municipal council or chief executive officer from taking a lawful action described in Subsection (4)(a)(ii) that is allowed by law; or limits the authority of a civil service commission established in accordance with Title 10, Chapter 3, Part 10, Civil Service Commission .

Section 10-3-913(4)(b)Verify source

§ 10-3-913(4)(b)(i)Subsection 10-3-913(4)(b)(i)Provision

Source excerpt

limits the authority the Utah Code provides over the chief of police;

Section 10-3-913(4)(b)(i)Verify source

§ 10-3-913(4)(b)(ii)Subsection 10-3-913(4)(b)(ii)Provision

Source excerpt

prohibits the municipal council or chief executive officer from taking a lawful action described in Subsection (4)(a)(ii) that is allowed by law; or

Section 10-3-913(4)(b)(ii)Verify source

§ 10-3-913(4)(b)(iii)Subsection 10-3-913(4)(b)(iii)Provision

Source excerpt

limits the authority of a civil service commission established in accordance with Title 10, Chapter 3, Part 10, Civil Service Commission .

Section 10-3-913(4)(b)(iii)Verify source

§ 10-3-913(5)Subsection 10-3-913(5)Provision

Source excerpt

A municipality may create a law-enforcement-related board, committee, or other entity with authority independent of the chief of police if it directly appoints the members and provides direct oversight, subject to Subsection (4).

Subject to Subsection (4) , a municipality may establish a board, committee, or other entity that relates to the provision of law enforcement services and that has authority independent of the chief of police if the municipality: directly appoints the board, committee, or other entity's members; and provides direct oversight of the board, committee, or other entity.

Section 10-3-913(5)Verify source

§ 10-3-913(5)(a)Subsection 10-3-913(5)(a)Provision

Source excerpt

directly appoints the board, committee, or other entity's members; and

Section 10-3-913(5)(a)Verify source

§ 10-3-913(5)(b)Subsection 10-3-913(5)(b)Provision

Source excerpt

provides direct oversight of the board, committee, or other entity.

Section 10-3-913(5)(b)Verify source

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Utah Code § 10-3-913

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