Law Enforcement Bills
Passed:
HB 177 Forcible Entry Warrant Amendments modifies knock and announce warrants to allow officers to forcibly enter a premises if they have been near the premises for an extended amount of time and that individuals on the premises should know that an officer is present. We worked alongside Libertas on this bill to add language requiring an officer to announce their presence more than once before they are allowed to enter. Although this amendment doesn’t change most of our concerns, the sponsor was not open to further compromise and this version of the bill passed.
HB 211 Penalty for False Statement During Drug Arrest passed, creating the class B misdemeanor of an actor falsely stating to a law enforcement officer that they ingested drugs before arrest, if the officer takes the actor to a health care facility for medical treatment. We spoke with law enforcement about this being an issue, it was rarely encountered in the field. Ultimately we did not choose to make this a priority.
HB 259 Juvenile Interrogation Modifications passed. This bill increased protections for young people who are taken into custody and interrogated by requiring an interpreter for non-English speakers, allowing a parent/friendly adult to attend the interrogation virtually, and requiring all interrogation be recorded. This bill also clarified that violation of this section could result in statements being suppressed. We helped draft this bill and made amendments to accommodate law enforcement concerns. We also added language for a remedy for exclusion, and added to statute the requirement that all interrogations be videotaped.
HB 322 Sexual Assault Investigation Amendments passed, requiring POST to establish and annually review the best practices for investigating sexual assaults in consultation with the Utah Victim Services Commission's subcommittee on rape and sexual assault. We will attempt to learn when the model policy is created, but anyone handling these cases should be aware of, and ask for that policy when working their cases.
SB 109 Corrections Amendments passed, which clarifies the roles of county sheriffs and the Department of Corrections regarding the detention of probationers and parolees who have allegedly violated a condition of probation or parole. The bill contains provisions that permit county sheriffs to make findings and, in certain circumstances, conduct hearings. This language caused the defense bar concern, although representatives from the courts have clarified that it is already a part of Utah law.
Failed:
HB 93 Child Welfare Investigations Amendments did not pass, but would have required a child welfare caseworker to obtain a warrant before entering a private premises as well as requiring the removal of a child to be recorded. This bill was never heard in committee.
HB 547 Law Enforcement Quota Amendments was never heard in committee. This bill would have prohibited an agency from requiring or directing an officer to meet an arrest, citation, stop, or other quota or transferring, promoting, disciplining, or taking any other action against an officer for reasons relating to an arrest, citation, stop, or other quota. We discussed this bill with interested parties and urged them to push this bill and, although we had consensus, it ran out of time and did not receive a committee hearing.