11-13-203.5. Powers, immunities, and privileges of law enforcement officers under an agreement for law enforcement -- Requirements for out-of-state officers.
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Effective 5/3/2023
11-13-203.5. Powers, immunities, and privileges of law enforcement officers under an agreement for law enforcement -- Requirements for out-of-state officers.
(1)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:
(a)all law enforcement powers that the officer possesses within the officer's own jurisdiction, including the power to arrest; and
(b)the same immunities and privileges as if the duties were performed within the officer's own jurisdiction.
(2)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:
(a)to be certified as a peace officer in the state of the out-of-state public agency; and
(b)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.
(3)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:
(a)only provides for aid or assistance to be given by an out-of-state peace officer to a peace officer of this state:
(i)during an emergency; or
(ii)when aid or assistance is requested by the public agency of this state; and
(b)does not include a provision allowing an out-of-state officer to be regularly assigned to law enforcement duties in this state.
Amended by Chapter 452 , 2023 General Session