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H.B. 273
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EXECUTIVE PROTECTION AMENDMENTS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Gerry A. Adair
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AN ACT RELATING TO PUBLIC SAFETY AND STATE GOVERNMENT; AMENDING THE
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AUTHORITY OF THE OFFICE OF EXECUTIVE PROTECTION REGARDING ITS DUTIES
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IN PROVIDING FOR THE SECURITY OF THE GOVERNOR AND OTHERS.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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53-1-114, as renumbered and amended by Chapter 234, Laws of Utah 1993
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53-1-115, as renumbered and amended by Chapter 234, Laws of Utah 1993
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
53-1-114
is amended to read:
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53-1-114. Office of Executive Protection -- Security and protection for governor and
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family -- Protection for other officials -- Closure of governor's premises or office -- Violation
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of order of closure.
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(1) The Office of Executive Protection shall provide all necessary security and protection
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for the governor and the governor's immediate family.
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(2) (a) Subject to the direction of the commissioner, the Office of Executive Protection
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may provide protection to other public officials.
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(b) That protection may not extend for more than 15 days without review and approval by
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majority vote of the president of the Senate, the speaker of the House, and the commissioner.
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(c) Review and approval by the same majority vote shall be required at the end of each
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15-day period.
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[(3) (a) Members of the Office of Executive Protection may order the closure of or
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restriction of access to the governor's premises or office when in their discretion that action
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becomes necessary to insure the safety of persons within. An order of closure or restriction shall
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not remain in effect for more than three consecutive days without approval of the commissioner.]
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[(b) The order shall be posted by placing a copy of it at the entrance to the premises of the
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governor's residence or at the entrance to the governor's office. The order shall specify the extent
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of closure or restriction.]
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[(c) A person who intentionally or knowingly enters or remains within the premises of the
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governor's residence or the governor's office in violation of an order of closure or of restricted
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access is guilty of a class B misdemeanor.]
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Section 2.
Section
53-1-115
is amended to read:
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53-1-115. Office of Executive Protection -- Closure of property to protect governor
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-- Violation of order of closure.
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(1) As used in this section:
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(a) "Office" includes the governor's official office and any other location not generally
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open to the public in which the governor is conducting the business of the state.
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(b) "Parking space" includes any space occupied or to be occupied by the governor's
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vehicle when parked, regardless of whether it is the regular parking space of the governor's vehicle.
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(c) "Premises" includes:
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(i) the governor's official residence, private residence, and any temporary residence owned
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by the governor or the governor's family; and
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(ii) any temporary lodging or residence where the governor is staying or intends to stay,
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regardless of whether the stay is for official or other purposes.
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(d) "Vehicle" includes an automobile, airplane, or other mode of conveyance in which the
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governor is traveling or intends to travel.
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(2) A member of the Office of Executive Protection may order the closure of or restriction
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of access to the governor's premises or office when in the member's discretion that action is
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necessary to insure the safety of the governor, the governor's immediate family, or other persons
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within the premises or office.
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(3) A member of the Office of Executive Protection may order restriction of access to the
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governor's vehicle by ordering closure of or restriction of access to areas surrounding the vehicle,
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the vehicle's parking space, or the vehicle's routes of ingress or egress, when in the member's
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discretion that action is necessary to ensure the safety of the governor, the governor's immediate
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family, other persons within the vehicle, or the safe passage of persons in or out of or to or from
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the vehicle.
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[(1) (a) The] (4) A member of the Office of Executive Protection may order closure or
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restriction of access to any public property when in the member's discretion [of the commissioner
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closure becomes] that action is necessary in the discharge of the duty to protect the governor [and],
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the governor's immediate family, or other persons [as] for whom protection may be provided [in]
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under Section
53-1-114
.
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(5) (a) A member of the Office of Executive Protection may order closure of or restriction
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of access to privately owned property to the same extent and for the same purposes as for publicly
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owned property with the consent of the owner, tenant, or occupant of the private property.
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(b) The owner, tenant, or occupant may:
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(i) expressly ratify consent that was previously implicit; and
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(ii) withdraw consent by informing a member of the Office of Executive Protection.
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(6) An order of closure or restriction remains in effect for up to three consecutive days and
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may be extended beyond three days:
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(a) with the commissioner's approval; or
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(b) without the commissioner's approval if immediate circumstances warrant the extension.
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[(b) The] (7) (a) An order [for closure or restriction] closing or restricting access to
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property shall be posted by placing a copy of it at the primary entrance to the [public] property.
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(b) An order restricting access to a vehicle shall be posted by placing a copy of it in the
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area to be closed or restricted, including the area surrounding the vehicle, the vehicle's parking
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space, or the vehicle's routes of ingress or egress.
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(c) An order is not invalidated for failure to comply with the procedures of Subsection
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(7)(a) or (7)(b) if notice to the public of the order is otherwise sufficient and reasonable under the
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circumstances.
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[(c) The] (8) An order shall specify the extent of the closure or restriction.
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[(2) Any] (9) A person who intentionally or knowingly enters or remains within public
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property in violation of an order of closure or restricted access is guilty of a class [C] B
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misdemeanor.
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(10) This section does not restrict or limit a member of the Office of Executive Protection
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in exercising any other power available to the member as an officer of the law to provide for the
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security of the governor or the safety of the public.
Legislative Review Note
as of 1-26-00 2:52 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.