53-13-106 - Federal officers -- State law enforcement authority. - Utah Statutes

53-13-106. Federal officers -- State law enforcement authority.
(1) (a) "Federal officer" includes:
(i) a special agent of the Federal Bureau of Investigation;
(ii) a special agent of the United States Secret Service;
(iii) a special agent of the United States Department of Homeland Security, excluding acustoms inspector or detention removal officer;
(iv) a special agent of the Bureau of Alcohol, Tobacco and Firearms;
(v) a special agent of the Drug Enforcement Administration;
(vi) a United States marshal, deputy marshal, and special deputy United States marshal;and
(vii) a U.S. Postal Inspector of the United States Postal Inspection Service.
(b) (i) Federal officers listed in Subsection (1)(a) have statewide law enforcementauthority relating to felony offenses under the laws of this state. This Subsection (1)(b)(i) takesprecedence over Subsection (2).
(ii) Federal agencies and federal employees as defined in Subsection 53-13-106.5(1)may exercise law enforcement authority related to felony offenses under Utah law only asestablished by an agreement under Subsection 53-13-106.5(7). This Subsection (1)(b)(ii) takesprecedence over Subsection (2).
(c) The council may designate other federal peace officers, as necessary, if the officers:
(i) are persons employed full-time by the United States government as federallyrecognized law enforcement officers primarily responsible for the investigation and enforcementof the federal laws;
(ii) have successfully completed formal law enforcement training offered by an agency ofthe federal government consisting of not less than 400 hours; and
(iii) maintain in-service training in accordance with the standards set forth in Section53-13-103.
(2) Except as otherwise provided under Title 63L, Chapter 1, Federal Jurisdiction, andTitle 77, Chapter 9, Uniform Act on Fresh Pursuit, a federal officer may exercise state lawenforcement authority only if:
(a) the state law enforcement agencies and county sheriffs with jurisdiction enter into an agreement with the federal agency to be given authority; and
(b) except as provided in Subsection (3), each federal officer employed by the federalagency meets the waiver requirements set forth in Section 53-6-206.
(3) A federal officer working as such in the state on or before July 1, 1995, may exercisestate law enforcement authority without meeting the waiver requirement.
(4) At any time, consistent with any contract with a federal agency, a state or local lawenforcement authority may withdraw state law enforcement authority from any individual federalofficer by sending written notice to the federal agency and to the division.
(5) The authority of a federal officer under this section is limited to the jurisdiction of theauthorizing state or local agency, and may be further limited by the state or local agency toenforcing specific statutes, codes, or ordinances.

Amended by Chapter 411, 2010 General Session