Utah Code § 53-13-106.1

Current through the 2024 Fourth Special Session

Section 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.

Utah Code § 53-13-106.1

Amended by Chapter 153, 2020 General Session ,§ 2, eff. 3/24/2020.

Added by Chapter 317, 2014 General Session ,§ 1, eff. 5/13/2014.