Read the full stored bill text
5
53-6-203
53-6-302
0
Peace Officer and Dispatcher Standards Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Matt MacPherson
Senate Sponsor: Stephanie Pitcher
LONG TITLE
General Description:
This bill addresses standards for peace officers and dispatchers.
Highlighted Provisions:
This bill:
allows a peace officer applicant who has an expunged or dismissed disqualifying criminal
offense in certain circumstances to be admitted to a certified academy and to take a
peace officer certification examination;
allows a dispatcher applicant who has an expunged or dismissed disqualifying criminal
offense in certain circumstances to take a dispatcher certification examination; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-6-203
, as last amended by Laws of Utah 2024, Chapter 175
53-6-302
, as last amended by Laws of Utah 2024, Chapters 175, 194
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
53-6-203
is amended to read:
53-6-203
. Applicants for admission to training programs or for certification
examination -- Requirements.
(1)
Before being accepted for admission to the training programs conducted by a certified
academy, and before being allowed to take a certification examination, each applicant
for admission or certification examination shall meet the following requirements:
(a)
be:
(i)
a United States citizen;
(ii)
a United States national; or
(iii)
a lawful permanent resident of the United States who:
(A)
has been in the United States legally for the five years immediately before the
day on which the application is made; and
(B)
has legal authorization to work in the United States;
(b)
be at least:
(i)
19 years old at the time of certification as a special function officer or correctional
officer; or
(ii)
21 years old at the time of certification as a law enforcement officer;
(c)
be a high school graduate or furnish evidence of successful completion of an
examination indicating an equivalent achievement;
(d)
have not been convicted of a crime
except as provided in Subsection
(3)
, not have a
conviction for a criminal offense
for which the applicant could have been punished
by imprisonment in a federal penitentiary or by imprisonment in the penitentiary of
this or another state
, including a conviction that has been expunged or dismissed, or
treated in a similar manner to expungement or dismissal
;
(e)
have demonstrated good moral character, as determined by a background
investigation;
(f)
be free of any physical, emotional, or mental condition that might adversely affect the
performance of the applicant's duties as a peace officer; and
(g)
meet all other standards required by POST.
(2)
(a)
An application for admission to a training program shall be accompanied by a
criminal history background check of local, state, and national criminal history files
and a background investigation.
(b)
The costs of the background check and investigation shall be borne by the applicant
or the applicant's employing agency.
(3)
(a)
Notwithstanding any expungement statute or rule of any other jurisdiction, any
conviction obtained in this state or other jurisdiction, including a conviction that has
been expunged, dismissed, or treated in a similar manner to either of these
procedures, may be considered for purposes of this section.
(3)
(a)
An applicant who has been convicted of a criminal offense for which the applicant
could have been punished by imprisonment in a federal penitentiary or by
imprisonment in the penitentiary of this state or another state may be accepted for
admission to a training program conducted by a certified academy and allowed to
take a certification examination if:
(i)
the conviction for the criminal offense has been expunged or dismissed, or treated
in a similar manner to expungement or dismissal;
(ii)
the applicant:
(A)
is not a restricted person under Section
76-11-302
, Section
76-11-303
, or
federal law; and
(B)
may lawfully possess dangerous weapons;
(iii)
the criminal offense for which the applicant was convicted was not:
(A)
a violent felony as that term is defined in Section
76-3-203.5
; or
(B)
a felony offense described in Title 76, Chapter 5, Part 4, Sexual Offenses;
(iv)
at least 10 years have passed since the day on which the applicant was convicted
of the criminal offense and the applicant has not been convicted of another
criminal offense, not including a traffic offense that is a class C misdemeanor or
infraction; and
(v)
the applicant meets all other applicable requirements under this section.
(b)
This provision
This Subsection
(3)
applies to convictions entered both before and
after the effective date of this section.
(4)
Any background check or background investigation performed under the requirements
of this section shall be to determine eligibility for admission to training programs or
qualification for certification examinations and may not be used as a replacement for
any background investigations that may be required of an employing agency.
(5)
An applicant shall be considered to be of good moral character under Subsection
(1)(e)
if the applicant has not engaged in conduct that would be a violation of Subsection
53-6-211(1)
.
(6)
An applicant seeking certification as a law enforcement officer, as defined in Section
53-13-103
, shall be qualified to possess a firearm under state and federal law.
Section 2. Section
53-6-302
is amended to read:
53-6-302
. Applicants for certification examination -- Requirements.
(1)
Before being allowed to take a dispatcher certification examination, each applicant shall
meet the following requirements:
(a)
be:
(i)
a United States citizen;
(ii)
a United States national; or
(iii)
a lawful permanent resident of the United States who:
(A)
has been in the United States legally for the five years immediately before the
day on which the application is made; and
(B)
has legal authorization to work in the United States;
(b)
be 18 years old or older at the time of employment as a dispatcher;
(c)
be a high school graduate or have a G.E.D. equivalent;
(d)
have not been convicted of a crime
except as provided in Subsection
(3)
, not have a
conviction for a criminal offense
for which the applicant could have been punished
by imprisonment in a federal penitentiary or by imprisonment in the penitentiary of
this or another state
, including a conviction that has been expunged, dismissed, or
treated in a similar manner to expungement or dismissal
;
(e)
have demonstrated good moral character, as determined by a background
investigation;
(f)
be free of any physical, emotional, or mental condition that might adversely affect the
performance of the applicant's duty as a dispatcher; and
(g)
meet all other standards required by POST.
(2)
(a)
An application for certification shall be accompanied by a criminal history
background check of local, state, and national criminal history files and a background
investigation.
(b)
The costs of the background check and investigation shall be borne by the applicant
or the applicant's employing agency.
(3)
(a)
Notwithstanding Title 77, Chapter 40a, Expungement of Criminal Records,
regarding expungements, or a similar statute or rule of any other jurisdiction, any
conviction obtained in this state or other jurisdiction, including a conviction that has
been expunged, dismissed, or treated in a similar manner to either of these
procedures, may be considered for purposes of this section.
(3)
(a)
An applicant who has been convicted of a criminal offense for which the applicant
could have been punished by imprisonment in a federal penitentiary or by
imprisonment in the penitentiary of this state or another state may be allowed to take
a dispatcher certification examination if:
(i)
the conviction for the criminal offense has been expunged or dismissed, or treated
in a similar manner to expungement or dismissal;
(ii)
the applicant is not a restricted person under Section
76-11-302
, Section
76-11-303
, or federal law;
(iii)
the criminal offense for which the applicant was convicted was not:
(A)
a violent felony as that term is defined in Section
76-3-203.5
; or
(B)
a felony offense described in Title 76, Chapter 5, Part 4, Sexual Offenses;
(iv)
at least 10 years have passed since the day on which the applicant was convicted
of the criminal offense and the applicant has not been convicted of another
criminal offense, not including a traffic offense that is a class C misdemeanor or
infraction; and
(v)
the applicant meets all other applicable requirements under this section.
(b)
Subsection (3)(a) applies to convictions entered both before and after May 1, 1995
This Subsection
(3)
applies to any conviction regardless of the date when the
conviction was entered
.
(4)
Any background check or background investigation performed under the requirements
of this section shall be to determine eligibility for admission to training programs or
qualification for certification examinations and may not be used as a replacement for
any background investigations that may be required of an employing agency.
(5)
An applicant is considered to be of good moral character under Subsection
(1)(e)
if the
applicant has not engaged in conduct that would be a violation of Subsection
53-6-309(1)
.
Section 3.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-10-26 2:35 PM