53-13-106.1. State and local law enforcement officers and federal employees -- Definitions.
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/ut/title-53/chapter-13/53-13-106-1A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 3/24/2020
53-13-106.1. State and local law enforcement officers and federal employees -- Definitions.
As used in this section and in Sections 53-13-106.2 through 53-13-106.10 :
(1)"Exercise law enforcement authority" and "exercise of law enforcement authority" means:
(a)to take any action on private land, state-owned land, or federally managed land, to investigate, stop, serve process, search, arrest, cite, book, or incarcerate a person for a federal, state, or local criminal violation when the action is based on:
(i)a federal statute, regulation, or rule;
(ii)a state or local statute, ordinance, regulation, or rule; or
(iii)a state or local statute, ordinance, regulation, or rule that is being enforced by a federal agency pursuant to the Assimilative Crimes Act, 18 U.S.C. Sec. 13; or
(b)to gain access to or use the correctional or communication facilities and equipment of any state or local law enforcement agency.
(2)"Federal agency" means a federal agency that manages federally managed land or regulates activities on that land, including:
(a)the United States Bureau of Land Management;
(b)the United States Forest Service;
(c)the National Park Service;
(d)the United States Fish and Wildlife Service;
(e)the United States Bureau of Reclamation;
(f)the United States Environmental Protection Agency;
(g)the United States Army Corps of Engineers; and
(h)the Department of Veterans Affairs.
(3)"Federal employee" means an employee or other agent of a federal agency, but does not include:
(a)a special agent of the Federal Bureau of Investigation;
(b)a special agent of the United States Secret Service;
(c)a special agent of the United States Department of Homeland Security, unless the employee is a customs inspector or detention removal officer;
(d)a special agent of the Bureau of Alcohol, Tobacco, Firearms, and Explosives;
(e)a special agent of the United States Drug Enforcement Administration;
(f)a United States marshal, deputy marshal, or special deputy United States marshal;
(g)a United States postal inspector of the United States Postal Inspection Service; or
(h)a police officer of the Department of Veterans Affairs.
(4)"Federally managed land" means land managed by the following federal agencies:
(a)the United States Bureau of Land Management;
(b)the United States Forest Service;
(c)the National Park Service;
(d)the United States Fish and Wildlife Service;
(e)the United States Bureau of Reclamation; and
(f)the Department of Veterans Affairs.
(5)"Proprietary jurisdiction federally managed land" means all federally managed land as defined in this section except:
(a)buildings, installations, and other structures under the exclusive jurisdiction of the Congress of the United States pursuant to the United States Constitution, Article I, Section 8, Clause 17; and
(b)parcels that constitute federal enclaves subject to the concurrent jurisdiction of the United States and the state of Utah.
Amended by Chapter 153 , 2020 General Session