United States — Utah Act or statute

United States — Utah legislation

Utah Code § 9-9-214, 2018

A presidential townsite with Indian land may enter an agreement allowing Bureau of Indian Affairs agents to enforce applicable state and local misdemeanor and felony offenses on all lands in the townsite, if specified…

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cross-deputizationinteragency agreementspeace officer training

Jurisdiction: United States — Utah
Status: In force
Official identity: Year 2018
Dates: Enacted 2018

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Dates: Enacted 2018

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Purpose and legislative effect

“A presidential townsite with Indian land may enter an agreement allowing Bureau of Indian Affairs agents to enforce applicable state and local misdemeanor and felony offenses on all lands in the townsite, if specified parties join the agreement and the agreement states its duration.”

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Law enforcement in presidential townsites.

Section 9-9-214

Subsection 9-9-214(1)(c)

"Indian land" means land that qualifies as "Indian country" under 18 U.S.C. Sec. 1151.

Section 9-9-214(1)(c)

Subsection 9-9-214(1)(f)(i)

The text states that this provision was created by presidential proclamation under specified federal statutes and an 1863 Act of Congress.

Section 9-9-214(1)(f)(i)

Subsection 9-9-214(2)(b)

Refers to the local county sheriff.

Section 9-9-214(2)(b)

Subsection 9-9-214(4)

Agents of the Bureau of Indian Affairs covered by a Subsection (2) agreement must complete an approved course on Utah criminal and constitutional law and process to qualify for cross-deputization.

Section 9-9-214(4)

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Source record from le.utah.gov · Enacted 2018

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Showing 17 of 17 provisions

Provision 17

Part 9-9-2

part 9-9-2 State and Tribal Jurisdiction

§ 9-9-214Law enforcement in presidential townsites.Provision

Source excerpt

Law enforcement in presidential townsites. As used in this section: "Agents of the Bureau of Indian Affairs" means individuals the Bureau of Indian Affairs has empowered to enforce federal statutes in Indian land under 25 U.S.C. Sec. 2802 or 25 U.S.C. Sec. 2804. "Bureau of Indian Affairs" means the Bureau of Indian Affairs within the United States Department of the Interior. "Indian land" means land that qualifies as "Indian country" under 18 U.S.C. Sec. 1151. "Indian tribe" or "tribe" means an Indian tribe included in the list of federally recognized Indian tribes under 25 U.S.C. Sec. 5131. "Non-Indian land" means land that does not qualify as "Indian country" under 18 U.S.C. Sec. 1151. "Presidential townsite with Indian land" means a municipality incorporated under the laws of the state: created by presidential proclamation pursuant to Sections 2380 and 2381 of the Revised Statutes of the United States, Act of Congress of March 3, 1863, 12 Stat. 754; and encompassing Indian land and non-Indian land within its municipal boundaries. A presidential townsite with Indian land may enter into an agreement that grants authority to agents of the Bureau of Indian Affairs to enforce all applicable state and local misdemeanor and felony offenses on all lands within the presidential townsite with Indian land, provided that each of the following shall be party to the agreement: the presidential townsite with Indian land; the local county sheriff; the Indian tribe with jurisdiction over Indian lands within the presidential townsite with Indian land; and the Bureau of Indian Affairs. An agreement entered into under Subsection (2) may be for any period of time and shall state the period of time that the agreement lasts. Agents of the Bureau of Indian Affairs who are granted authority to enforce state and local criminal misdemeanor offenses and felonies under an agreement entered into under Subsection (2) shall successfully complete a course focusing on Utah criminal and constitutional law and process specifically approved by the director of the Peace Officer Standards and Training Division created under Section 53-6-103 to qualify the individual for cross-deputization pursuant to this section.

Section 9-9-214Verify source

§ 9-9-214(1)Subsection 9-9-214(1)Provision

Source excerpt

This subsection defines several terms used in the section.

As used in this section: "Agents of the Bureau of Indian Affairs" means individuals the Bureau of Indian Affairs has empowered to enforce federal statutes in Indian land under 25 U.S.C. Sec. 2802 or 25 U.S.C. Sec. 2804. "Bureau of Indian Affairs" means the Bureau of Indian Affairs within the United States Department of the Interior. "Indian land" means land that qualifies as "Indian country" under 18 U.S.C. Sec. 1151. "Indian tribe" or "tribe" means an Indian tribe included in the list of federally recognized Indian tribes under 25 U.S.C. Sec. 5131. "Non-Indian land" means land that does not qualify as "Indian country" under 18 U.S.C. Sec. 1151. "Presidential townsite with Indian land" means a municipality incorporated under the laws of the state: created by presidential proclamation pursuant to Sections 2380 and 2381 of the Revised Statutes of the United States, Act of Congress of March 3, 1863, 12 Stat. 754; and encompassing Indian land and non-Indian land within its municipal boundaries.

Section 9-9-214(1)Verify source

§ 9-9-214(1)(a)Subsection 9-9-214(1)(a)Provision

Source excerpt

This provision defines “Agents of the Bureau of Indian Affairs” as individuals empowered by the Bureau of Indian Affairs to enforce federal statutes in Indian land under specified federal sections.

"Agents of the Bureau of Indian Affairs" means individuals the Bureau of Indian Affairs has empowered to enforce federal statutes in Indian land under 25 U.S.C. Sec. 2802 or 25 U.S.C. Sec. 2804.

Section 9-9-214(1)(a)Verify source

§ 9-9-214(1)(b)Subsection 9-9-214(1)(b)Provision

Source excerpt

"Bureau of Indian Affairs" means the Bureau of Indian Affairs within the United States Department of the Interior.

Section 9-9-214(1)(b)Verify source

§ 9-9-214(1)(c)Subsection 9-9-214(1)(c)Provision

Source excerpt

"Indian land" means land that qualifies as "Indian country" under 18 U.S.C. Sec. 1151.

Section 9-9-214(1)(c)Verify source

§ 9-9-214(1)(d)Subsection 9-9-214(1)(d)Provision

Source excerpt

"Indian tribe" or "tribe" means an Indian tribe on the federally recognized list under 25 U.S.C. Sec. 5131.

"Indian tribe" or "tribe" means an Indian tribe included in the list of federally recognized Indian tribes under 25 U.S.C. Sec. 5131.

Section 9-9-214(1)(d)Verify source

§ 9-9-214(1)(e)Subsection 9-9-214(1)(e)Provision

Source excerpt

“Non-Indian land” means land that does not qualify as “Indian country” under 18 U.S.C. Sec. 1151.

"Non-Indian land" means land that does not qualify as "Indian country" under 18 U.S.C. Sec. 1151.

Section 9-9-214(1)(e)Verify source

§ 9-9-214(1)(f)Subsection 9-9-214(1)(f)Provision

Source excerpt

Defines “Presidential townsite with Indian land” as a state-incorporated municipality created by presidential proclamation and including both Indian and non-Indian land within its boundaries.

"Presidential townsite with Indian land" means a municipality incorporated under the laws of the state: created by presidential proclamation pursuant to Sections 2380 and 2381 of the Revised Statutes of the United States, Act of Congress of March 3, 1863, 12 Stat. 754; and encompassing Indian land and non-Indian land within its municipal boundaries.

Section 9-9-214(1)(f)Verify source

§ 9-9-214(1)(f)(i)Subsection 9-9-214(1)(f)(i)Provision

Source excerpt

The text states that this provision was created by presidential proclamation under specified federal statutes and an 1863 Act of Congress.

created by presidential proclamation pursuant to Sections 2380 and 2381 of the Revised Statutes of the United States, Act of Congress of March 3, 1863, 12 Stat. 754; and

Section 9-9-214(1)(f)(i)Verify source

§ 9-9-214(1)(f)(ii)Subsection 9-9-214(1)(f)(ii)Provision

Source excerpt

encompassing Indian land and non-Indian land within its municipal boundaries.

Section 9-9-214(1)(f)(ii)Verify source

§ 9-9-214(2)Subsection 9-9-214(2)Provision

Source excerpt

A presidential townsite with Indian land may make an agreement allowing Bureau of Indian Affairs agents to enforce applicable state and local misdemeanor and felony offenses on all lands in the townsite, if the listed parties are included.

A presidential townsite with Indian land may enter into an agreement that grants authority to agents of the Bureau of Indian Affairs to enforce all applicable state and local misdemeanor and felony offenses on all lands within the presidential townsite with Indian land, provided that each of the following shall be party to the agreement: the presidential townsite with Indian land; the local county sheriff; the Indian tribe with jurisdiction over Indian lands within the presidential townsite with Indian land; and the Bureau of Indian Affairs.

Section 9-9-214(2)Verify source

§ 9-9-214(2)(a)Subsection 9-9-214(2)(a)Provision

Source excerpt

the presidential townsite with Indian land;

Section 9-9-214(2)(a)Verify source

§ 9-9-214(2)(b)Subsection 9-9-214(2)(b)Provision

Source excerpt

Refers to the local county sheriff.

the local county sheriff;

Section 9-9-214(2)(b)Verify source

§ 9-9-214(2)(c)Subsection 9-9-214(2)(c)Provision

Source excerpt

References the Indian tribe with jurisdiction over Indian lands within the presidential townsite with Indian land.

the Indian tribe with jurisdiction over Indian lands within the presidential townsite with Indian land; and

Section 9-9-214(2)(c)Verify source

§ 9-9-214(2)(d)Subsection 9-9-214(2)(d)Provision

Source excerpt

the Bureau of Indian Affairs.

Section 9-9-214(2)(d)Verify source

§ 9-9-214(3)Subsection 9-9-214(3)Provision

Source excerpt

An agreement under Subsection (2) may last for any period of time, and it must state how long it lasts.

An agreement entered into under Subsection (2) may be for any period of time and shall state the period of time that the agreement lasts.

Section 9-9-214(3)Verify source

§ 9-9-214(4)Subsection 9-9-214(4)Provision

Source excerpt

Agents of the Bureau of Indian Affairs covered by a Subsection (2) agreement must complete an approved course on Utah criminal and constitutional law and process to qualify for cross-deputization.

Agents of the Bureau of Indian Affairs who are granted authority to enforce state and local criminal misdemeanor offenses and felonies under an agreement entered into under Subsection (2) shall successfully complete a course focusing on Utah criminal and constitutional law and process specifically approved by the director of the Peace Officer Standards and Training Division created under Section 53-6-103 to qualify the individual for cross-deputization pursuant to this section.

Section 9-9-214(4)Verify source

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Utah Code § 9-9-214, 2018

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