HB 465: Public Safety Amendments - Utah

Substitute #4 → Enrolled · 2 edits · Mar 26, 2025

MINOR

The bill text was updated to reflect its final enrolled version, correcting a minor typo in the definition of 'unincorporated land' and adjusting the timestamp of the document's finalization. No substantive policy changes, funding amounts, or legal requirements were altered in this specific diff.

TECHNICAL

Corrected a typo in Section 63A-5b-807 where 'unicorporated' was changed to 'unincorporated' to accurately define land not within city boundaries.

Updated the document timestamp from March 7 to March 14, 2025, indicating the final version was finalized later.

Introduced → Substitute #1 · 6 edits

MODERATE

The bill was significantly rewritten to shift its focus from 'cities of the first class' to 'counties of the first class' and to remove the creation of a new 'public safety rapid response team.' The revised version mandates that law enforcement in county seats enter into interagency agreements with the Department of Public Safety and adds new authority for the state to use eminent domain to seize unincorporated land owned by these cities for homelessness services.

Scope change

The bill's scope changed from targeting specific large cities to targeting the law enforcement agencies of cities that serve as the seat of government for a county of the first class. Additionally, the bill now includes provisions regarding the state's power to condemn land for homelessness services.

SCOPE

The target of the law enforcement requirements changed from 'cities of the first class' to 'cities that are the seat of government for a county of the first class.'

ENFORCEMENT

The creation of a new 'public safety rapid response team' within the Department of Public Safety was removed entirely.

FISCAL

Provisions requiring the reduction of Homeless Shelter Cities Mitigation Restricted Account funds and the withholding of road funds were removed.

REQUIREMENT

A new requirement was added allowing the Division of Facilities Construction and Management to use eminent domain to condemn unincorporated land owned by county seat cities for homelessness services.

TIMELINE

The deadline for entering into interagency agreements was changed from July 1, 2025, to July 1, 2025, but the reporting requirement was extended to November 1 of each year.

DEFINITION

The definition of the target jurisdiction was updated to focus on the classification of the county rather than the city.

Substitute #3 → Substitute #4 · 7 edits

MODERATE

This bill introduces new requirements for law enforcement agencies in first-class county seat cities to enter into public safety agreements with the state Department of Public Safety by July 1, 2025, and establishes due process protections for law enforcement officers facing adverse employment decisions. It also allows the Division of Facilities Construction and Management to use eminent domain for homelessness service facilities on unincorporated land owned by certain cities, and updates repeal dates for various Utah Code sections.

Scope change

The bill expands state oversight over local law enforcement in first-class county seat cities through mandatory interagency agreements and adds new protections for law enforcement officers' employment rights during internal investigations.

REQUIREMENT

Law enforcement agencies in first-class county seat cities must enter into public safety interagency agreements with the Department of Public Safety by July 1, 2025, including terms for reimbursement, joint operations, data sharing, and accountability metrics.

New due process protections require law enforcement agencies to notify officers of internal investigations at least 48 hours before formal interviews and allow officers to have legal representation present during disciplinary meetings.

Law enforcement agencies must provide officers five working days to reply to disciplinary meeting notices and substantiate complaints with clear and convincing evidence before termination.

Agencies must submit annual reports to the Law Enforcement and Criminal Justice Interim Committee on interagency agreement implementation and public safety improvements.

ELIGIBILITY

Division of Facilities Construction and Management may now use eminent domain to condemn unincorporated land owned by first-class county seat cities for homelessness service facilities.

TIMELINE

Updated repeal dates for various Utah Code sections, with Title 53, Chapter 29 repealed July 1, 2027, and Section 63A-5b-807 repealed January 1, 2027.

DEFINITION

New definitions for 'adverse employment decision' and 'formal interview' to clarify when due process protections apply to law enforcement officers.

Substitute #2 → Substitute #3 · 7 edits

MODERATE

This bill substitutes a new version of HB 465 that significantly modifies law enforcement employment protections and interagency agreements. The key change is the addition of a new definition for 'formal interview' and the replacement of 'non-attorney advocate' with 'legal representative' in the employment due process sections, effectively removing the right to have a non-lawyer advocate present during investigations. The bill also clarifies that agencies are not required to allow witnesses to testify on behalf of officers during disciplinary meetings and restricts discovery of classified documents.

Scope change

The bill's scope regarding law enforcement employment protections was narrowed by removing the option for officers to bring non-attorney advocates to interviews and hearings, limiting representation to licensed attorneys only.

DEFINITION

Added new definition of 'formal interview' to specify when an interview requires truthful responses under threat of discipline and provides assurance against criminal use of statements.

REQUIREMENT

Removed the right for law enforcement officers to bring a 'non-attorney advocate' to interviews and hearings, restricting representation to licensed attorneys only.

Changed the notice requirement from 48 hours before 'any interview' to 48 hours before a 'formal interview' as newly defined.

Removed the right for officers to examine and cross-examine witnesses during disciplinary hearings.

Added restrictions preventing officers from discovering classified documents and limiting the agency's obligation to receive witnesses on behalf of the officer.

Changed the right at disciplinary hearings from making opening/closing statements and cross-examining witnesses to receiving written notification, providing written statements, reviewing interview statements, meeting with agency head, presenting written comments, and submitting documents.

TECHNICAL

Changed 'disciplinary hearing' to 'disciplinary meeting' in several instances throughout the employment due process sections.

Substitute #1 → Substitute #2 · 5 edits

MODERATE

This bill adds new protections for law enforcement officers facing internal investigations and adverse employment decisions, requiring agencies to provide notice, discovery, and the right to counsel before taking action. It also maintains existing requirements for public safety interagency agreements and eminent domain provisions for homelessness services. The new employment protections take effect July 1, 2026, while most other provisions take effect May 7, 2025.

Scope change

The bill expands scope by adding new employment due process protections for law enforcement officers that were not in the original version. The original version only addressed interagency agreements and eminent domain; the substitute adds a new Part 7 covering law enforcement officer employment due process.

REQUIREMENT

New employment due process requirements requiring agencies to notify officers of internal investigations at least 48 hours before interviews, provide discovery materials before disciplinary hearings, and allow officers to be represented by legal counsel or non-attorney advocates.

TIMELINE

New employment protections take effect July 1, 2026, while interagency agreement and eminent domain provisions take effect May 7, 2025.

ENFORCEMENT

Added requirement that agencies cannot use evidence in disciplinary hearings if they fail to provide required information and evidence to the officer.

DEFINITION

New definitions for 'adverse employment decision,' 'legal representative,' and 'non-attorney advocate' to clarify what protections apply.

MODIFIED

Minor formatting and markup changes in the bill structure and effective date notation.

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