Utah Code 79-2-704. Powers and duties of division — Enforcement authority — Ability to initiate civil proceedings
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(1) An employee of the division who is a POST certified law enforcement officer:
Terms Used In Utah Code 79-2-704
- Arrest: Taking physical custody of a person by lawful authority.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the Department of Natural Resources created in Section
79-2-201 . See Utah Code 79-1-102 - Division: means the Division of Law Enforcement. See Utah Code 79-2-701
- 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.
- Law enforcement officer: means the same as that term is defined in Section
53-13-103 . See Utah Code 79-2-701 - Natural resources officer: includes a wildlife officer, as that term is defined in Section
23A-2-502 . See Utah Code 79-2-701 - Peace officer: means any officer certified in accordance with Title 53, Chapter 13, Peace Officer Classifications. See Utah Code 79-2-701
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- 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
(1)(a) has all the powers of a law enforcement officer and natural resources officer in the state;
(1)(b) may arrest and prosecute violators of any law of this state;
(1)(c) has the same right as other peace officers to require aid in executing the peace officer‘s duties;
(1)(d) may take wildlife in performance of official duties, in accordance with Section 23A-2-207 ;
(1)(e) may protect property under the jurisdiction of the department or the department’s divisions from misuse or damage;
(1)(f) may preserve the peace on property under the jurisdiction of the department or the department’s divisions;
(1)(g) may serve criminal process; and
(1)(h) may not serve civil process.
(2) The powers and duties conferred upon the director and members of the division are supplementary to and not a limitation on the powers and duties of other peace officers in the state.
(3) The division shall have the authority to initiate civil proceedings, in addition to criminal proceedings provided for in this part, to:
(3)(a) recover damages;
(3)(b) compel performance;
(3)(c) compel substitution;
(3)(d) restrain or enjoin;
(3)(e) initiate any other appropriate action; and
(3)(f) seek appropriate remedies in the division’s capacity as the primary law enforcement authority for the department.