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House passes bill giving POST discretion to certify some applicants with misdemeanor records

Utah House of Representatives · February 19, 1992
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Summary

House Bill 276 clarifies certification rules for the Peace Officer Standards and Training (POST) Academy: felony convictions remain disqualifying, while certain misdemeanors may be reviewed by POST for discretionary certification; the House passed the bill as amended (63–3).

Representative Howard described House Bill 2-76 as codifying a POST policy that distinguishes between felony convictions — which would bar certification — and certain misdemeanors, for which POST would retain discretion to certify applicants after case-by-case review. Howard noted the change brings statute into alignment with POST's screening procedures and would permit the POST board to weigh time and evidence in determining whether a past misdemeanor should bar one from entering the academy.

Lawmakers questioned whether there should be a specific time threshold since the conviction and who would make the judgment. The sponsor said POST and its board, already responsible for background checks and fitness screening, would exercise that judgment and could consider factors such as rehabilitation and the seriousness of the offense.

The House adopted the sponsor's language to correct inadvertent deletions and passed HB276 as amended; the clerk recorded 63 affirmative votes and 3 negatives.