Effective 5/5/2021
53-19-202. Authority of private law enforcement agency — Requirements — Delegation of internal investigation.
53-19-202. Authority of private law enforcement agency — Requirements — Delegation of internal investigation.
- (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:
- (a) prevent, detect, and investigate crime; and
- (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:- (a) under Subsection 53-13-103(3); or
- (b) pursuant to an interagency agreement with another law enforcement agency.
- (3) A private law enforcement agency shall:
- (a) comply with:
- (i) the requirements of this chapter;
- (ii) rules made under Section 53-19-103; and
- (iii) all other requirements of state and federal law;
- (b) comply with and enforce the provisions of Sections 53-6-209, 53-6-211, 53-6-307, and 53-6-309;
- (c) only employ peace officers and dispatchers who are certified under this title;
- (d) if the private law enforcement agency is placed on probation, comply with requirements imposed during the period of probation;
- (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
- (f) cooperate with an audit described in Section 53-19-204.
- (a) comply with:
- (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:
- (a) the chief requests the commissioner’s consent in writing; and
- (b) the request is made to avoid:
- (i) an actual or potential conflict of interest; or
- (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:
- (a) the division, in accordance with Section 53-6-211;
- (b) the private law enforcement agency; and
- (c) the commissioner, if the investigation is conducted by a designee of the commissioner.
Enacted by Chapter 349, 2021 General Session