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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 11-13-203.5, 2003

Law enforcement officers acting under a covered agreement keep their arrest powers, immunities, and privileges, and out-of-state officers assigned in Utah must be certified in their home state and seek recognition before…

Source excerpt

Jurisdiction
United States — Utah
Status
In force
Official identity
Year 2003
Dates
Enacted 2003
More statute details
Dates
Enacted 2003
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01

Purpose and legislative effect

“Law enforcement officers acting under a covered agreement keep their arrest powers, immunities, and privileges, and out-of-state officers assigned in Utah must be certified in their home state and seek recognition before working here unless a narrow emergency/requested-assistance exception applies.”

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02

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Subsection 11-13-203.5(1)(b)

The duties are treated as if performed within the officer’s own jurisdiction for purposes of immunities and privileges.

Section 11-13-203.5(1)(b)

Subsection 11-13-203.5(2)(b)

A person must apply to the Peace Officer Standards and Training Council for recognition before undertaking duties in this state under the agreement.

Section 11-13-203.5(2)(b)

Subsection 11-13-203.5(3)(a)

only provides for aid or assistance to be given by an out-of-state peace officer to a peace officer of this state: during an emergency; or when aid or assistance is requested by the public agency of this state; and

Section 11-13-203.5(3)(a)

Subsection 11-13-203.5(3)(b)

does not include a provision allowing an out-of-state officer to be regularly assigned to law enforcement duties in this state.

Section 11-13-203.5(3)(b)

04

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In force source record

Source record from le.utah.gov · Enacted 2003

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Showing 12 of 12 provisions

Provision 12

Part 11-13-2

part 11-13-2 Public Agencies' Joint Exercise of Powers

§ 11-13-203.5Powers, immunities, and privileges of law enforcement officers under an agreement for law enforcement -- Requirements for out-of-state officers.Provision

Source excerpt

Law enforcement officers acting under a covered agreement keep their arrest powers, immunities, and privileges, and out-of-state officers assigned in Utah must be certified in their home state and seek recognition before working here unless a narrow emergency/requested-assistance exception applies.

Powers, immunities, and privileges of law enforcement officers under an agreement for law enforcement -- Requirements for out-of-state officers. While performing duties under an agreement for law enforcement services under Subsection 11-13-202(1)(d) , whether inside or outside the law enforcement officer's own jurisdiction, each law enforcement officer shall possess: all law enforcement powers that the officer possesses within the officer's own jurisdiction, including the power to arrest; and the same immunities and privileges as if the duties were performed within the officer's own jurisdiction. Except as provided in Subsection (3) , an agreement between a public agency in this state and an out-of-state public agency providing for reciprocal law enforcement services under Subsection 11-13-202(1)(d) shall require each individual from the out-of-state public agency assigned to law enforcement duty in this state: to be certified as a peace officer in the state of the out-of-state public agency; and to apply to the Peace Officer Standards and Training Council, created in Section 53-6-106 , for recognition before undertaking duties in this state under the agreement. The requirements under Subsection (2)(b) do not apply to an agreement between a public agency of this state and an out-of-state public agency to provide reciprocal law enforcement services under Subsection 11-13-202(1)(d) if the agreement: only provides for aid or assistance to be given by an out-of-state peace officer to a peace officer of this state: during an emergency; or when aid or assistance is requested by the public agency of this state; and does not include a provision allowing an out-of-state officer to be regularly assigned to law enforcement duties in this state.
Section 11-13-203.5Verify source
§ 11-13-203.5(1)Subsection 11-13-203.5(1)Provision

Source excerpt

When a law enforcement officer is performing duties under a qualifying law-enforcement-services agreement, the officer has the same law enforcement powers, including arrest power, and the same immunities and privileges as in the officer's own jurisdiction.

While performing duties under an agreement for law enforcement services under Subsection 11-13-202(1)(d) , whether inside or outside the law enforcement officer's own jurisdiction, each law enforcement officer shall possess: all law enforcement powers that the officer possesses within the officer's own jurisdiction, including the power to arrest; and the same immunities and privileges as if the duties were performed within the officer's own jurisdiction.
Section 11-13-203.5(1)Verify source
§ 11-13-203.5(1)(a)Subsection 11-13-203.5(1)(a)Provision

Source excerpt

The officer has law enforcement powers within the officer's own jurisdiction, including the power to arrest.

all law enforcement powers that the officer possesses within the officer's own jurisdiction, including the power to arrest; and
Section 11-13-203.5(1)(a)Verify source
§ 11-13-203.5(1)(b)Subsection 11-13-203.5(1)(b)Provision

Source excerpt

The duties are treated as if performed within the officer’s own jurisdiction for purposes of immunities and privileges.

the same immunities and privileges as if the duties were performed within the officer's own jurisdiction.
Section 11-13-203.5(1)(b)Verify source
§ 11-13-203.5(2)Subsection 11-13-203.5(2)Provision

Source excerpt

An out-of-state law enforcement officer assigned to duty in this state must be certified as a peace officer in the other state and must apply to the Peace Officer Standards and Training Council for recognition before starting duties, unless Subsection (3) applies.

Except as provided in Subsection (3) , an agreement between a public agency in this state and an out-of-state public agency providing for reciprocal law enforcement services under Subsection 11-13-202(1)(d) shall require each individual from the out-of-state public agency assigned to law enforcement duty in this state: to be certified as a peace officer in the state of the out-of-state public agency; and to apply to the Peace Officer Standards and Training Council, created in Section 53-6-106 , for recognition before undertaking duties in this state under the agreement.
Section 11-13-203.5(2)Verify source
§ 11-13-203.5(2)(a)Subsection 11-13-203.5(2)(a)Provision

Source excerpt

The text refers to certification as a peace officer in the state for the out-of-state public agency.

to be certified as a peace officer in the state of the out-of-state public agency; and
Section 11-13-203.5(2)(a)Verify source
§ 11-13-203.5(2)(b)Subsection 11-13-203.5(2)(b)Provision

Source excerpt

A person must apply to the Peace Officer Standards and Training Council for recognition before undertaking duties in this state under the agreement.

to apply to the Peace Officer Standards and Training Council, created in Section 53-6-106 , for recognition before undertaking duties in this state under the agreement.
Section 11-13-203.5(2)(b)Verify source
§ 11-13-203.5(3)Subsection 11-13-203.5(3)Provision

Source excerpt

Subsection (2)(b) does not apply to certain reciprocal law-enforcement agreements between a state public agency and an out-of-state public agency if specific conditions are met.

The requirements under Subsection (2)(b) do not apply to an agreement between a public agency of this state and an out-of-state public agency to provide reciprocal law enforcement services under Subsection 11-13-202(1)(d) if the agreement: only provides for aid or assistance to be given by an out-of-state peace officer to a peace officer of this state: during an emergency; or when aid or assistance is requested by the public agency of this state; and does not include a provision allowing an out-of-state officer to be regularly assigned to law enforcement duties in this state.
Section 11-13-203.5(3)Verify source
§ 11-13-203.5(3)(a)Subsection 11-13-203.5(3)(a)Provision

Source excerpt

only provides for aid or assistance to be given by an out-of-state peace officer to a peace officer of this state: during an emergency; or when aid or assistance is requested by the public agency of this state; and

only provides for aid or assistance to be given by an out-of-state peace officer to a peace officer of this state: during an emergency; or when aid or assistance is requested by the public agency of this state; and
Section 11-13-203.5(3)(a)Verify source
§ 11-13-203.5(3)(a)(i)Subsection 11-13-203.5(3)(a)(i)Provision

Source excerpt

during an emergency; or

during an emergency; or
Section 11-13-203.5(3)(a)(i)Verify source
§ 11-13-203.5(3)(a)(ii)Subsection 11-13-203.5(3)(a)(ii)Provision

Source excerpt

when aid or assistance is requested by the public agency of this state; and

when aid or assistance is requested by the public agency of this state; and
Section 11-13-203.5(3)(a)(ii)Verify source
§ 11-13-203.5(3)(b)Subsection 11-13-203.5(3)(b)Provision

Source excerpt

does not include a provision allowing an out-of-state officer to be regularly assigned to law enforcement duties in this state.

does not include a provision allowing an out-of-state officer to be regularly assigned to law enforcement duties in this state.
Section 11-13-203.5(3)(b)Verify source

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