§ 53-19-202 — Authority of private law enforcement agency -- Requirements -- Delegation of internal investigation.

Utah § 53-19-202

• Jurisdiction: Utah
• Title 53: Public Safety Code
• Ch. 53-19: Certification of Private Law Enforcement Agency
• Part 53-19-2: Private Law Enforcement Agencies

Text

(1) A certified private law enforcement agency may function as a law enforcement agency under the authority of the state, within the confines of the campus of the private institution of higher education, to:

(1)(a) prevent, detect, and investigate crime; and
(1)(b) enforce traffic laws and criminal statutes and ordinances.
(2) The authority of a private law enforcement agency does not extend beyond the confines of the campus of the private institution of higher education, except as provided:

(2)(a) under Subsection 53-13-103(3); or
(2)(b) pursuant to an interagency agreement with another law enforcement agency.
(3) A private law enforcement agency shall:

(3)(a) comply with:
(3)(a)(i) the requirements of this chapter;
(3)(a)(ii) rules made under Section 53-19-103; and
(3)(a)(iii) all other requirements of state and federal law;
(3)(b) comply with and enforce the provisions of Sections 53-6-209, 53-6-211, 53-6-307, and 53-6-309;
(3)(c) only employ peace officers and dispatchers who are certified under this title;
(3)(d) if the private law enforcement agency is placed on probation, comply with requirements imposed during the period of probation;
(3)(e) provide any and all records of, or directly related to, the private law enforcement agency that are requested by the commissioner, the department, or the division; and
(3)(f) cooperate with an audit described in Section 53-19-204.
(4) The chief of a private law enforcement agency may, with the consent of the commissioner, delegate the duty to conduct an administrative or internal investigation under Section 53-6-211 to the commissioner or the commissioner's designee if:

(4)(a) the chief requests the commissioner's consent in writing; and
(4)(b) the request is made to avoid:
(4)(b)(i) an actual or potential conflict of interest; or
(4)(b)(ii) an actual or potential allegation of bias.
(5) If the commissioner or the commissioner's designee conducts an administrative or internal investigation under Subsection (4), the commissioner or the commissioner's designee shall report the findings of the investigation to:

(5)(a) the division, in accordance with Section 53-6-211;
(5)(b) the private law enforcement agency; and
(5)(c) the commissioner, if the investigation is conducted by a designee of the commissioner.

Legislative History

Enacted by Chapter 349, 2021 General Session