Utah Code 53-13-106.1. State and local law enforcement officers and federal employees — Definitions
Current as of: 2024 | Check for updates
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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:
Terms Used In Utah Code 53-13-106.1
- Arrest: Taking physical custody of a person by lawful authority.
- Department: means the Department of Public Safety created in Section
53-1-103 . See Utah Code 53-1-102 - Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Land: includes :(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5
- Local law enforcement agency: means a law enforcement agency of any political subdivision of the state. See Utah Code 53-13-101
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Statute: A law passed by a legislature.
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(1)(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:(1)(a)(i) a federal statute, regulation, or rule;(1)(a)(ii) a state or local statute, ordinance, regulation, or rule; or(1)(a)(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. § 13; or(1)(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:(2)(a) the United States Bureau of Land Management;(2)(b) the United States Forest Service;(2)(c) the National Park Service;(2)(d) the United States Fish and Wildlife Service;(2)(e) the United States Bureau of Reclamation;(2)(f) the United States Environmental Protection Agency;(2)(g) the United States Army Corps of Engineers; and(2)(h) the Department of Veterans Affairs.(3) “Federal employee” means an employee or other agent of a federal agency, but does not include:(3)(a) a special agent of the Federal Bureau of Investigation;(3)(b) a special agent of the United States Secret Service;(3)(c) a special agent of the United States Department of Homeland Security, unless the employee is a customs inspector or detention removal officer;(3)(d) a special agent of the Bureau of Alcohol, Tobacco, Firearms, and Explosives;(3)(e) a special agent of the United States Drug Enforcement Administration;(3)(f) a United States marshal, deputy marshal, or special deputy United States marshal;(3)(g) a United States postal inspector of the United States Postal Inspection Service; or(3)(h) a police officer of the Department of Veterans Affairs.(4) “Federally managed land” means land managed by the following federal agencies:(4)(a) the United States Bureau of Land Management;(4)(b) the United States Forest Service;(4)(c) the National Park Service;(4)(d) the United States Fish and Wildlife Service;(4)(e) the United States Bureau of Reclamation; and(4)(f) the Department of Veterans Affairs.(5) “Proprietary jurisdiction federally managed land” means all federally managed land as defined in this section except:(5)(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(5)(b) parcels that constitute federal enclaves subject to the concurrent jurisdiction of the United States and the state of Utah.