Old | New | Differences | |
---|---|---|---|
1 | - | 02- | |
1 | + | 02-18 18:27 3rd Sub. (Ivory) S.B. 243 | |
2 | 2 | Todd Weiler proposes the following substitute bill: | |
3 | 3 | 1 | |
4 | 4 | Law Enforcement Quota Amendments | |
5 | 5 | 2025 GENERAL SESSION | |
6 | 6 | STATE OF UTAH | |
7 | 7 | Chief Sponsor: Todd Weiler | |
8 | 8 | House Sponsor: | |
9 | 9 | 2 | |
10 | 10 | ||
11 | 11 | 3 | |
12 | 12 | LONG TITLE | |
13 | 13 | 4 | |
14 | 14 | General Description: | |
15 | 15 | 5 | |
16 | 16 | This bill concerns impermissible law enforcement quotas. | |
17 | 17 | 6 | |
18 | 18 | Highlighted Provisions: | |
19 | 19 | 7 | |
20 | 20 | This bill: | |
21 | 21 | 8 | |
22 | - | ▸ | |
22 | + | ▸ restricts the State Commission on Criminal and Juvenile Justice from awarding a grant of | |
23 | 23 | 9 | |
24 | - | ||
24 | + | state funds to an entity that violates the impermissible law enforcement quota | |
25 | 25 | 10 | |
26 | - | ||
26 | + | prohibition; | |
27 | 27 | 11 | |
28 | + | ▸ requires the attorney general to investigate potential impermissible law enforcement quota | |
29 | + | 12 | |
30 | + | violations; | |
31 | + | 13 | |
28 | 32 | ▸ prohibits a political subdivision or law enforcement agency from: | |
29 | - | ||
33 | + | 14 | |
30 | 34 | ● requiring or directing a peace officer to meet an impermissible quota; or | |
31 | - | ||
35 | + | 15 | |
32 | 36 | ● transferring, promoting, disciplining, or taking any other action against a peace officer | |
33 | - | ||
37 | + | 16 | |
34 | 38 | for reasons relating to an impermissible quota; and | |
35 | - | ||
39 | + | 17 | |
36 | 40 | ▸ makes technical and conforming changes. | |
37 | - | ||
41 | + | 18 | |
38 | 42 | Money Appropriated in this Bill: | |
39 | - | 17 | |
40 | - | None | |
41 | - | 18 | |
42 | - | Other Special Clauses: | |
43 | 43 | 19 | |
44 | 44 | None | |
45 | 45 | 20 | |
46 | + | Other Special Clauses: | |
47 | + | 21 | |
48 | + | None | |
49 | + | 22 | |
46 | 50 | Utah Code Sections Affected: | |
47 | - | ||
51 | + | 23 | |
48 | 52 | AMENDS: | |
49 | - | 22 | |
50 | - | 63M-7-204, as last amended by Laws of Utah 2024, Chapter 345 | |
51 | - | 23 | |
53 | + | 24 | |
54 | + | 63M-7-218, as last amended by Laws of Utah 2024, Chapter 345 | |
55 | + | 25 | |
56 | + | 67-5-1, as last amended by Laws of Utah 2024, Chapters 2, 74 and 348 | |
57 | + | 26 | |
52 | 58 | 77-7-27, as enacted by Laws of Utah 2018, Chapter 289 | |
53 | - | ||
59 | + | 27 | |
54 | 60 | ||
55 | - | ||
61 | + | 28 | |
56 | 62 | Be it enacted by the Legislature of the state of Utah: | |
57 | - | 26 | |
58 | - | Section 1. Section 63M-7-204 is amended to read: | |
59 | - | 27 | |
60 | - | 63M-7-204 . Duties of commission. | |
61 | - | 28 | |
62 | - | (1) The commission shall: | |
63 | + | 3rd Sub. S.B. 243 3rd Sub. (Ivory) S.B. 243 02-18 18:27 | |
63 | 64 | 29 | |
64 | - | (a) promote the commission's purposes as enumerated in Section 63M-7-201; | |
65 | - | 4th Sub. S.B. 243 4th Sub. (Pumpkin) S.B. 243 02-28 15:16 | |
65 | + | Section 1. Section 63M-7-218 is amended to read: | |
66 | 66 | 30 | |
67 | - | ||
67 | + | 63M-7-218 . State grant requirements. | |
68 | 68 | 31 | |
69 | - | ||
69 | + | (1) Except as provided in Subsection (2), the commission may not award a grant of state | |
70 | 70 | 32 | |
71 | - | ||
71 | + | funds to an entity subject to, and not in compliance with, the reporting requirements in | |
72 | 72 | 33 | |
73 | - | ||
73 | + | Subsection 63A-16-1002(4). | |
74 | 74 | 34 | |
75 | - | ||
75 | + | (2) The commission may award a grant to an entity under Section 63A-16-1003 even if the | |
76 | 76 | 35 | |
77 | - | ||
77 | + | entity is not in compliance with the reporting requirements described in Subsection | |
78 | 78 | 36 | |
79 | - | ||
79 | + | 63A-16-1002(4). | |
80 | 80 | 37 | |
81 | - | ||
81 | + | (3) Beginning July 1, 2025, the commission may not award any grant of state funds to an | |
82 | 82 | 38 | |
83 | - | ||
83 | + | entity: | |
84 | 84 | 39 | |
85 | - | ||
85 | + | (a) [ ]subject to the requirements under Sections 53-21-102 and 53-21-104.3, if the | |
86 | 86 | 40 | |
87 | - | ||
87 | + | commission has determined under Subsection 63M-7-204(1)(aa) that the entity is | |
88 | 88 | 41 | |
89 | - | ||
89 | + | currently not eligible to receive state grant funds under this section[.] ; or | |
90 | 90 | 42 | |
91 | - | ||
91 | + | (b) subject to, and in violation of, Section 77-7-27, impermissible law enforcement | |
92 | 92 | 43 | |
93 | - | ||
93 | + | quota prohibition, as reported to the commission by the attorney general under | |
94 | 94 | 44 | |
95 | - | ||
95 | + | Sections 67-5-1 and 77-7-27. | |
96 | 96 | 45 | |
97 | - | ||
97 | + | Section 2. Section 67-5-1 is amended to read: | |
98 | 98 | 46 | |
99 | - | ||
99 | + | 67-5-1 . General duties -- Restrictions. | |
100 | 100 | 47 | |
101 | - | ||
101 | + | (1) The attorney general shall: | |
102 | 102 | 48 | |
103 | - | ( | |
103 | + | (a) perform all duties in a manner consistent with the attorney-client relationship under | |
104 | 104 | 49 | |
105 | - | ||
105 | + | Section 67-5-17; | |
106 | 106 | 50 | |
107 | - | ( | |
107 | + | (b) except as provided in Sections 10-3-928 and 17-18a-403, attend the Supreme Court | |
108 | 108 | 51 | |
109 | - | ||
109 | + | and the Court of Appeals of this state, and all courts of the United States, and | |
110 | 110 | 52 | |
111 | - | ||
111 | + | prosecute or defend all causes to which the state or any officer, board, or commission | |
112 | 112 | 53 | |
113 | - | ||
113 | + | of the state in an official capacity is a party, and take charge, as attorney, of all civil | |
114 | 114 | 54 | |
115 | - | ||
115 | + | legal matters in which the state is interested; | |
116 | 116 | 55 | |
117 | - | ( | |
117 | + | (c) after judgment on any cause referred to in Subsection (1)(b), direct the issuance of | |
118 | 118 | 56 | |
119 | - | ||
119 | + | process as necessary to execute the judgment; | |
120 | 120 | 57 | |
121 | - | ||
121 | + | (d) account for, and pay over to the proper officer, all money that comes into the | |
122 | 122 | 58 | |
123 | - | ||
123 | + | attorney general's possession that belongs to the state; | |
124 | 124 | 59 | |
125 | - | ||
125 | + | (e) keep a file of all cases in which the attorney general is required to appear, including | |
126 | 126 | 60 | |
127 | - | ||
127 | + | any documents and papers showing the court in which the cases have been instituted | |
128 | 128 | 61 | |
129 | - | ||
129 | + | and tried, and whether they are civil or criminal, and: | |
130 | 130 | 62 | |
131 | - | justice agencies; | |
131 | + | (i) if civil, the nature of the demand, the stage of proceedings, and, when prosecuted | |
132 | + | - 2 - 02-18 18:27 3rd Sub. (Ivory) S.B. 243 | |
132 | 133 | 63 | |
133 | - | (ii) annually performing audits of criminal history record information maintained by | |
134 | - | - 2 - 02-28 15:16 4th Sub. (Pumpkin) S.B. 243 | |
134 | + | to judgment, a memorandum of the judgment and of any process issued if | |
135 | 135 | 64 | |
136 | - | ||
136 | + | satisfied, and if not satisfied, documentation of the return of the sheriff; | |
137 | 137 | 65 | |
138 | - | ||
138 | + | (ii) if criminal, the nature of the crime, the mode of prosecution, the stage of | |
139 | 139 | 66 | |
140 | - | ||
140 | + | proceedings, and, when prosecuted to sentence, a memorandum of the sentence | |
141 | 141 | 67 | |
142 | - | ||
142 | + | and of the execution, if the sentence has been executed, and, if not executed, the | |
143 | 143 | 68 | |
144 | - | ||
144 | + | reason for the delay or prevention; and | |
145 | 145 | 69 | |
146 | - | ( | |
146 | + | (iii) deliver this information to the attorney general's successor in office; | |
147 | 147 | 70 | |
148 | - | ||
148 | + | (f) exercise supervisory powers over the district and county attorneys of the state in all | |
149 | 149 | 71 | |
150 | - | ||
150 | + | matters pertaining to the duties of the district and county attorneys' offices, including | |
151 | 151 | 72 | |
152 | - | ( | |
152 | + | the authority described in Subsection (2); | |
153 | 153 | 73 | |
154 | - | ||
154 | + | (g) give the attorney general's opinion in writing and without fee, when required, upon | |
155 | 155 | 74 | |
156 | - | ||
156 | + | any question of law relating to the office of the requester: | |
157 | 157 | 75 | |
158 | - | to | |
158 | + | (i) in accordance with Section 67-5-1.1, to the Legislature or either house; | |
159 | 159 | 76 | |
160 | - | ( | |
160 | + | (ii) to any state officer, board, or commission; and | |
161 | 161 | 77 | |
162 | - | ||
162 | + | (iii) to any county attorney or district attorney; | |
163 | 163 | 78 | |
164 | - | ||
164 | + | (h) when required by the public service or directed by the governor, assist any county, | |
165 | 165 | 79 | |
166 | - | ||
166 | + | district, or city attorney in the discharge of county, district, or city attorney's duties; | |
167 | 167 | 80 | |
168 | - | ( | |
168 | + | (i) purchase in the name of the state, under the direction of the state Board of Examiners, | |
169 | 169 | 81 | |
170 | - | ||
170 | + | any property offered for sale under execution issued upon judgments in favor of or | |
171 | 171 | 82 | |
172 | - | ||
172 | + | for the use of the state, and enter satisfaction in whole or in part of the judgments as | |
173 | 173 | 83 | |
174 | - | ||
174 | + | the consideration of the purchases; | |
175 | 175 | 84 | |
176 | - | ( | |
176 | + | (j) when the property of a judgment debtor in any judgment mentioned in Subsection | |
177 | 177 | 85 | |
178 | - | ||
178 | + | (1)(i) has been sold under a prior judgment, or is subject to any judgment, lien, or | |
179 | 179 | 86 | |
180 | - | ||
180 | + | encumbrance taking precedence of the judgment in favor of the state, redeem the | |
181 | 181 | 87 | |
182 | - | ||
182 | + | property, under the direction of the state Board of Examiners, from the prior | |
183 | 183 | 88 | |
184 | - | ||
184 | + | judgment, lien, or encumbrance, and pay all money necessary for the redemption, | |
185 | 185 | 89 | |
186 | - | ||
186 | + | upon the order of the state Board of Examiners, out of any money appropriated for | |
187 | 187 | 90 | |
188 | - | ||
188 | + | these purposes; | |
189 | 189 | 91 | |
190 | - | ( | |
190 | + | (k) when in the attorney general's opinion it is necessary for the collection or | |
191 | 191 | 92 | |
192 | - | ||
192 | + | enforcement of any judgment, institute and prosecute on behalf of the state any action | |
193 | 193 | 93 | |
194 | - | ||
194 | + | or proceeding necessary to set aside and annul all conveyances fraudulently made by | |
195 | 195 | 94 | |
196 | - | ||
196 | + | the judgment debtors, and pay the cost necessary to the prosecution, when allowed by | |
197 | 197 | 95 | |
198 | - | the | |
198 | + | the state Board of Examiners, out of any money not otherwise appropriated; | |
199 | 199 | 96 | |
200 | - | Initiative: | |
200 | + | (l) discharge the duties of a member of all official boards of which the attorney general | |
201 | + | - 3 - 3rd Sub. (Ivory) S.B. 243 02-18 18:27 | |
201 | 202 | 97 | |
202 | - | (i) ensuring oversight and accountability; | |
203 | - | - 3 - 4th Sub. (Pumpkin) S.B. 243 02-28 15:16 | |
203 | + | is or may be made a member by the Utah Constitution or by the laws of the state, and | |
204 | 204 | 98 | |
205 | - | ||
205 | + | other duties prescribed by law; | |
206 | 206 | 99 | |
207 | - | ( | |
207 | + | (m) institute and prosecute proper proceedings in any court of the state or of the United | |
208 | 208 | 100 | |
209 | - | ||
209 | + | States to restrain and enjoin corporations organized under the laws of this or any | |
210 | 210 | 101 | |
211 | - | ||
211 | + | other state or territory from acting illegally or in excess of their corporate powers or | |
212 | 212 | 102 | |
213 | - | ||
213 | + | contrary to public policy, and in proper cases forfeit their corporate franchises, | |
214 | 214 | 103 | |
215 | - | ||
215 | + | dissolve the corporations, and wind up their affairs; | |
216 | 216 | 104 | |
217 | - | ||
217 | + | (n) institute investigations for the recovery of all real or personal property that may have | |
218 | 218 | 105 | |
219 | - | ||
219 | + | escheated or should escheat to the state, and for that purpose, subpoena any persons | |
220 | 220 | 106 | |
221 | - | ||
221 | + | before any of the district courts to answer inquiries and render accounts concerning | |
222 | 222 | 107 | |
223 | - | ||
223 | + | any property, examine all books and papers of any corporations, and when any real or | |
224 | 224 | 108 | |
225 | - | ||
225 | + | personal property is discovered that should escheat to the state, institute suit in the | |
226 | 226 | 109 | |
227 | - | ||
227 | + | district court of the county where the property is situated for its recovery, and escheat | |
228 | 228 | 110 | |
229 | - | ||
229 | + | that property to the state; | |
230 | 230 | 111 | |
231 | - | ( | |
231 | + | (o) administer the Children's Justice Center as a program to be implemented in various | |
232 | 232 | 112 | |
233 | - | ||
233 | + | counties pursuant to Sections 67-5b-101 through 67-5b-107; | |
234 | 234 | 113 | |
235 | - | ( | |
235 | + | (p) assist the Constitutional Defense Council as provided in Title 63C, Chapter 4a, | |
236 | 236 | 114 | |
237 | - | ||
237 | + | Constitutional and Federalism Defense Act; | |
238 | 238 | 115 | |
239 | - | ( | |
239 | + | (q) pursue any appropriate legal action to implement the state's public lands policy | |
240 | 240 | 116 | |
241 | - | ||
241 | + | established in Section 63C-4a-103; | |
242 | 242 | 117 | |
243 | - | ||
243 | + | (r) investigate and prosecute violations of all applicable state laws relating to fraud in | |
244 | 244 | 118 | |
245 | - | ||
245 | + | connection with the state Medicaid program and any other medical assistance | |
246 | 246 | 119 | |
247 | - | ||
247 | + | program administered by the state, including violations of Title 26B, Chapter 3, Part | |
248 | 248 | 120 | |
249 | - | ||
249 | + | 11, Utah False Claims Act; | |
250 | 250 | 121 | |
251 | - | ||
251 | + | (s) investigate and prosecute complaints of abuse, neglect, or exploitation of patients: | |
252 | 252 | 122 | |
253 | - | ||
253 | + | (i) in health care facilities that receive payments under the state Medicaid program; | |
254 | 254 | 123 | |
255 | - | ||
255 | + | (ii) in board and care facilities, as defined in the federal Social Security Act, 42 | |
256 | 256 | 124 | |
257 | - | ( | |
257 | + | U.S.C. Sec. 1396b(q)(4)(B), regardless of the source of payment to the board and | |
258 | 258 | 125 | |
259 | - | ||
259 | + | care facility; and | |
260 | 260 | 126 | |
261 | - | ||
261 | + | (iii) who are receiving medical assistance under the Medicaid program as defined in | |
262 | 262 | 127 | |
263 | - | ||
263 | + | Section 26B-3-101 in a noninstitutional or other setting; | |
264 | 264 | 128 | |
265 | - | ( | |
265 | + | (t)(i) report at least twice per year to the Legislative Management Committee on any | |
266 | 266 | 129 | |
267 | - | ||
267 | + | pending or anticipated lawsuits, other than eminent domain lawsuits, that might: | |
268 | 268 | 130 | |
269 | - | (b) If the commission designates an entity under Subsection (2)(a), the commission shall | |
269 | + | (A) cost the state more than $500,000; or | |
270 | + | - 4 - 02-18 18:27 3rd Sub. (Ivory) S.B. 243 | |
270 | 271 | 131 | |
271 | - | ensure that the membership of the designated entity includes representation from | |
272 | - | - 4 - 02-28 15:16 4th Sub. (Pumpkin) S.B. 243 | |
272 | + | (B) require the state to take legally binding action that would cost more than | |
273 | 273 | 132 | |
274 | - | ||
274 | + | $500,000 to implement; and | |
275 | 275 | 133 | |
276 | - | ||
276 | + | (ii) if the meeting is closed, include an estimate of the state's potential financial or | |
277 | 277 | 134 | |
278 | - | ||
278 | + | other legal exposure in that report; | |
279 | 279 | 135 | |
280 | - | ||
280 | + | (u)(i) submit a written report to the committees described in Subsection (1)(u)(ii) that | |
281 | 281 | 136 | |
282 | - | ||
282 | + | summarizes any lawsuit or decision in which a court or the Office of the Attorney | |
283 | 283 | 137 | |
284 | - | ||
284 | + | General has determined that a state statute is unconstitutional or unenforceable | |
285 | 285 | 138 | |
286 | - | ||
286 | + | since the attorney general's last report under this Subsection (1)(u), including any: | |
287 | 287 | 139 | |
288 | + | (A) settlements reached; | |
289 | + | 140 | |
290 | + | (B) consent decrees entered; | |
291 | + | 141 | |
292 | + | (C) judgments issued; | |
293 | + | 142 | |
294 | + | (D) preliminary injunctions issued; | |
295 | + | 143 | |
296 | + | (E) temporary restraining orders issued; or | |
297 | + | 144 | |
298 | + | (F) formal or informal policies of the Office of the Attorney General to not | |
299 | + | 145 | |
300 | + | enforce a law; and | |
301 | + | 146 | |
302 | + | (ii) at least 30 days before the Legislature's May and November interim meetings, | |
303 | + | 147 | |
304 | + | submit the report described in Subsection (1)(u)(i) to: | |
305 | + | 148 | |
306 | + | (A) the Legislative Management Committee; | |
307 | + | 149 | |
308 | + | (B) the Judiciary Interim Committee; and | |
309 | + | 150 | |
310 | + | (C) the Law Enforcement and Criminal Justice Interim Committee; | |
311 | + | 151 | |
312 | + | (v) if the attorney general operates the Office of the Attorney General or any portion of | |
313 | + | 152 | |
314 | + | the Office of the Attorney General as an internal service fund agency in accordance | |
315 | + | 153 | |
316 | + | with Section 67-5-4, submit to the rate committee established in Section 67-5-34: | |
317 | + | 154 | |
318 | + | (i) a proposed rate and fee schedule in accordance with Subsection 67-5-34(4); and | |
319 | + | 155 | |
320 | + | (ii) any other information or analysis requested by the rate committee; | |
321 | + | 156 | |
322 | + | (w) before the end of each calendar year, create an annual performance report for the | |
323 | + | 157 | |
324 | + | Office of the Attorney General and post the report on the attorney general's website; | |
325 | + | 158 | |
326 | + | (x) ensure that any training required under this chapter complies with Title 63G, Chapter | |
327 | + | 159 | |
328 | + | 22, State Training and Certification Requirements; | |
329 | + | 160 | |
330 | + | (y) notify the legislative general counsel in writing within three business days after the | |
331 | + | 161 | |
332 | + | day on which the attorney general is officially notified of a claim, regardless of | |
333 | + | 162 | |
334 | + | whether the claim is filed in state or federal court, that challenges: | |
335 | + | 163 | |
336 | + | (i) the constitutionality of a state statute; | |
337 | + | 164 | |
338 | + | (ii) the validity of legislation; or | |
339 | + | - 5 - 3rd Sub. (Ivory) S.B. 243 02-18 18:27 | |
340 | + | 165 | |
341 | + | (iii) any action of the Legislature; | |
342 | + | 166 | |
343 | + | (z)(i) notwithstanding Title 63G, Chapter 6a, Utah Procurement Code, provide a | |
344 | + | 167 | |
345 | + | special advisor to the Office of the Governor and the Office of the Attorney | |
346 | + | 168 | |
347 | + | General in matters relating to Native American and tribal issues to: | |
348 | + | 169 | |
349 | + | (A) establish outreach to the tribes and affected counties and communities; and | |
350 | + | 170 | |
351 | + | (B) foster better relations and a cooperative framework; and | |
352 | + | 171 | |
353 | + | (ii) annually report to the Executive Offices and Criminal Justice Appropriations | |
354 | + | 172 | |
355 | + | Subcommittee regarding: | |
356 | + | 173 | |
357 | + | (A) the status of the work of the special advisor described in Subsection (1)(z)(i); | |
358 | + | 174 | |
359 | + | and | |
360 | + | 175 | |
361 | + | (B) whether the need remains for the ongoing appropriation to fund the special | |
362 | + | 176 | |
363 | + | advisor described in Subsection (1)(z)(i);[ and] | |
364 | + | 177 | |
365 | + | (aa)(i) enforce compliance with Title 63G, Chapter 31, Distinctions on the Basis of | |
366 | + | 178 | |
367 | + | Sex, in accordance with Section 63G-31-401; and | |
368 | + | 179 | |
369 | + | (ii) report to the Legislative Management Committee, upon request, regarding the | |
370 | + | 180 | |
371 | + | attorney general's enforcement under this Subsection (1)(aa)[.] ; | |
372 | + | 181 | |
373 | + | (bb) ensure compliance with Title 53B, Chapter 27, Part 6, Student Legal | |
374 | + | 182 | |
375 | + | Representation, by: | |
376 | + | 183 | |
377 | + | (i) establishing a process to track the number of complaints submitted by students; | |
378 | + | 184 | |
379 | + | (ii) pursuing civil action to enforce statutory protections; and | |
380 | + | 185 | |
381 | + | (iii) no later than November 1 each year, reporting to the Judiciary Interim | |
382 | + | 186 | |
383 | + | Committee regarding the attorney general's enforcement under this Subsection [ | |
384 | + | 187 | |
385 | + | (1)(aa)] (1)(bb); and | |
386 | + | 188 | |
387 | + | (cc) investigate complaints of a violation of Section 77-7-27, impermissible law | |
388 | + | 189 | |
389 | + | enforcement quota prohibition, and report a substantiated violation to the State | |
390 | + | 190 | |
391 | + | Commission on Criminal and Juvenile Justice under Section 63M-7-218. | |
392 | + | 191 | |
393 | + | (2)(a) The attorney general may require a district attorney or county attorney of the state | |
394 | + | 192 | |
395 | + | to, upon request, report on the status of public business entrusted to the district or | |
396 | + | 193 | |
397 | + | county attorney's charge. | |
398 | + | 194 | |
399 | + | (b) The attorney general may review investigation results de novo and file criminal | |
400 | + | 195 | |
401 | + | charges, if warranted, in any case involving a first degree felony, if: | |
402 | + | 196 | |
403 | + | (i) a law enforcement agency submits investigation results to the county attorney or | |
404 | + | 197 | |
405 | + | district attorney of the jurisdiction where the incident occurred and the county | |
406 | + | 198 | |
407 | + | attorney or district attorney: | |
408 | + | - 6 - 02-18 18:27 3rd Sub. (Ivory) S.B. 243 | |
409 | + | 199 | |
410 | + | (A) declines to file criminal charges; or | |
411 | + | 200 | |
412 | + | (B) fails to screen the case for criminal charges within six months after the law | |
413 | + | 201 | |
414 | + | enforcement agency's submission of the investigation results; and | |
415 | + | 202 | |
416 | + | (ii) after consultation with the county attorney or district attorney of the jurisdiction | |
417 | + | 203 | |
418 | + | where the incident occurred, the attorney general reasonably believes action by the | |
419 | + | 204 | |
420 | + | attorney general would not interfere with an ongoing investigation or prosecution | |
421 | + | 205 | |
422 | + | by the county attorney or district attorney of the jurisdiction where the incident | |
423 | + | 206 | |
424 | + | occurred. | |
425 | + | 207 | |
426 | + | (c) If the attorney general decides to conduct a review under Subsection (2)(b), the | |
427 | + | 208 | |
428 | + | district attorney, county attorney, and law enforcement agency shall, within 14 days | |
429 | + | 209 | |
430 | + | after the day on which the attorney general makes a request, provide the attorney | |
431 | + | 210 | |
432 | + | general with: | |
433 | + | 211 | |
434 | + | (i) all information relating to the investigation, including all reports, witness lists, | |
435 | + | 212 | |
436 | + | witness statements, and other documents created or collected in relation to the | |
437 | + | 213 | |
438 | + | investigation; | |
439 | + | 214 | |
440 | + | (ii) all recordings, photographs, and other physical or digital media created or | |
441 | + | 215 | |
442 | + | collected in relation to the investigation; | |
443 | + | 216 | |
444 | + | (iii) access to all evidence gathered or collected in relation to the investigation; and | |
445 | + | 217 | |
446 | + | (iv) the identification of, and access to, all officers or other persons who have | |
447 | + | 218 | |
448 | + | information relating to the investigation. | |
449 | + | 219 | |
450 | + | (d) If a district attorney, county attorney, or law enforcement agency fails to timely | |
451 | + | 220 | |
452 | + | comply with Subsection (2)(c), the attorney general may seek a court order | |
453 | + | 221 | |
454 | + | compelling compliance. | |
455 | + | 222 | |
456 | + | (e) If the attorney general seeks a court order under Subsection (2)(d), the court shall | |
457 | + | 223 | |
458 | + | grant the order unless the district attorney, county attorney, or law enforcement | |
459 | + | 224 | |
460 | + | agency shows good cause and a compelling interest for not complying with | |
461 | + | 225 | |
462 | + | Subsection (2)(c). | |
463 | + | 226 | |
464 | + | (3) The attorney general: | |
465 | + | 227 | |
466 | + | (a) is a full-time employee of the state; and | |
467 | + | 228 | |
468 | + | (b) may not engage in the private practice of law. | |
469 | + | 229 | |
470 | + | Section 3. Section 77-7-27 is amended to read: | |
471 | + | 230 | |
288 | 472 | 77-7-27 . Impermissible law enforcement quota prohibition. | |
289 | - | ||
473 | + | 231 | |
290 | 474 | (1) As used in this section: | |
291 | - | ||
475 | + | 232 | |
292 | 476 | (a)(i) "Impermissible quota" means any requirement or minimum standard regarding | |
293 | - | 142 | |
477 | + | - 7 - 3rd Sub. (Ivory) S.B. 243 02-18 18:27 | |
478 | + | 233 | |
294 | 479 | the number or percentage of citations made by a law enforcement officer. | |
295 | - | ||
480 | + | 234 | |
296 | 481 | (ii) "Impermissible quota" does not include targeted overtime shifts for which the law | |
297 | - | ||
482 | + | 235 | |
298 | 483 | enforcement agency receives grant money or other reimbursement. | |
299 | - | ||
484 | + | 236 | |
300 | 485 | (b) "Law enforcement agency" means an entity of the state, or a political subdivision of | |
301 | - | ||
486 | + | 237 | |
302 | 487 | the state, that exists primarily to prevent and detect crime and enforce criminal laws, | |
303 | - | ||
488 | + | 238 | |
304 | 489 | statutes, or ordinances. | |
305 | - | ||
490 | + | 239 | |
306 | 491 | [(b) "Law enforcement quota" means any requirement or minimum standard regarding | |
307 | - | ||
492 | + | 240 | |
308 | 493 | the number or percentage of citations or arrests made by a law enforcement officer.] | |
309 | - | ||
494 | + | 241 | |
310 | 495 | (2) A political subdivision or law enforcement agency employing a peace officer may not: | |
311 | - | ||
496 | + | 242 | |
312 | 497 | (a) require or direct that a peace officer meet [a law enforcement] an impermissible quota; | |
313 | - | ||
498 | + | 243 | |
314 | 499 | (b) evaluate, promote, compensate, reward, or discipline a peace officer on the basis of | |
315 | - | ||
500 | + | 244 | |
316 | 501 | an impermissible quota; or | |
317 | - | ||
502 | + | 245 | |
318 | 503 | (c) transfer a peace officer from an employment assignment on the basis of an | |
319 | - | ||
504 | + | 246 | |
320 | 505 | impermissible quota. | |
321 | - | ||
506 | + | 247 | |
322 | 507 | (3) Subsection (2) does not prohibit a political subdivision or law enforcement agency from | |
323 | - | ||
508 | + | 248 | |
324 | 509 | including a peace officer's engagement with the community or enforcement activity, | |
325 | - | ||
510 | + | 249 | |
326 | 511 | including a metric based on the peace officer's interactions with members of the | |
327 | - | ||
512 | + | 250 | |
328 | 513 | community, as part of an overall determination of the peace officer's performance. | |
329 | - | ||
330 | - | (4) | |
331 | - | ||
332 | - | ||
333 | - | ||
334 | - | Section | |
335 | - | ||
514 | + | 251 | |
515 | + | (4) The attorney general shall investigate an alleged violation of this section in accordance | |
516 | + | 252 | |
517 | + | with Section 67-5-1. | |
518 | + | 253 | |
519 | + | Section 4. Effective Date. | |
520 | + | 254 | |
336 | 521 | This bill takes effect on May 7, 2025. | |
337 | - | - | |
522 | + | - 8 - |