Section 104 – Remedies for failure to preserve evidence.
Effective 5/4/2022 53-20-104. Remedies for failure to preserve evidence. (1) (a) Except as provided in Subsections (1)(b) and (2), if a court finds that biological evidence that reasonably could have been found to be exculpatory in a defendant’s criminal case was not preserved in accordance with this chapter, the court may impose sanctions and remedies […]
Section 102 – Mental health services — Requirement to provide — Confidentiality.
Effective 5/4/2022 53-21-102. Mental health services — Requirement to provide — Confidentiality. (1) Every first responder agency within the state shall provide or make available mental health resources to: (a) all first responders; (b) the spouse and children of first responders; (c) surviving spouses of first responders whose death is classified as a line-of-duty death […]
Section 103 – Grants to first responder agencies — Rulemaking.
Effective 5/4/2022 53-21-103. Grants to first responder agencies — Rulemaking. (1) The department may award grants to first responder agencies to provide mental health resources in response to a: (a) request for proposal; (b) request for qualifications; or (c) program description that meets the criteria in Subsection (2). (2) The request for proposal, request for […]
Section 203 – Policies and procedures — Approval — Modification.
Effective 5/5/2021 53-19-203. Policies and procedures — Approval — Modification. (1) A private law enforcement agency shall: (a) develop a policies and procedures manual that: (i) includes clear definitions and clearly and fully explains the policies and procedures; (ii) complies with the requirements of law and administrative rules; (iii) reflects best practices for a private […]
Section 204 – Audits.
Effective 5/5/2021 53-19-204. Audits. (1) The commissioner or the commissioner’s designee may conduct periodic audits of a private law enforcement agency to ensure compliance with the requirements of this chapter. (2) The legislative auditor general or the state auditor may conduct an audit of a private law enforcement agency. (3) A private law enforcement agency […]
Section 301 – Violation by private law enforcement agency — Action by commissioner.
Effective 5/5/2021 53-19-301. Violation by private law enforcement agency — Action by commissioner. (1) If a private law enforcement agency is in violation of, or has violated, a provision of this chapter, the commissioner may: (a) take informal action to remedy the violation; (b) place the private law enforcement agency on probation if the violation […]
Section 302 – Formal action against a private law enforcement agency.
Effective 5/5/2021 53-19-302. Formal action against a private law enforcement agency. (1) If the commissioner determines that a private law enforcement agency violated a provision of this chapter or a requirement of probation, the commissioner may take formal action against the private law enforcement agency in accordance with this section. (2) Before placing a private […]
Section 102 – Preservation of evidence — Procedures — Inventory request.
Effective 5/4/2022 53-20-102. Preservation of evidence — Procedures — Inventory request. (1) Except as provided in Section 53-20-103, an evidence collecting or retaining entity shall preserve biological evidence: (a) for the longer of: (i) the length of the statute of limitations for the violent felony offense if: (A) no charges are filed for the violent […]
Section 103 – Exceptions.
Effective 5/4/2022 53-20-103. Exceptions. (1) As used in this section, “offense concerning driving under the influence” means: (a) Section 41-6a-502; (b) Section 41-6a-502.5; (c) Section 41-6a-517; (d) Section 41-6a-530; (e) Section 76-5-102.1; (f) Section 76-5-207; and (g) a local ordinance similar to the offenses described in this Subsection (1). (2) Section 53-20-102 does not apply […]
Section 201 – Certification of private law enforcement agency.
Effective 5/5/2021 53-19-201. Certification of private law enforcement agency. (1) A private institution of higher education may operate a private law enforcement agency if the private law enforcement agency is certified by the commissioner. (2) A private law enforcement agency certified before May 5, 2021: (a) is not required to apply for an initial certification […]