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Senate approves changes to POST certification process that add bias and dishonesty categories

Utah Senate · March 5, 2021
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Summary

The Senate passed second-substitute House Bill 62, which adds categories to POST's certification review for dishonesty and bias/prejudicial conduct; debate focused on how 'bias' would be defined and who sets the standard, with sponsors saying agencies and POST will coordinate.

The Senate approved second-substitute House Bill 62, a bill that adds two categories to POST (Peace Officer Standards and Training) certification reviews: conduct involving dishonesty/deception and conduct evidencing bias or prejudicial treatment of protected classes.

Senator Escamilla, sponsor of the measure, told colleagues the revisions were requested by chiefs and sheriffs and developed over months with law-enforcement stakeholders under the Department of Public Safety. She said the language is intended to give agencies tools to investigate and address conduct, and that definitions will be driven by best-practices and agency-level reporting forwarded to POST for final certification action.

Floor debate centerd on definitional and procedural questions. Several senators asked whether each law-enforcement agency would set its own threshold for "knowingly engaged in bias or prejudicial conduct," and whether that could create inconsistent standards across jurisdictions. Senator Escamilla and supporters responded that while agencies will provide their findings, POST will have the final certification decision and that best-practices and training inform the approach; she also confirmed the measure covers both explicit and implicit bias as referenced in training materials.

Law-enforcement organizations including chiefs' groups and the Utah League of Cities and Towns were read into the record in support of the bill. Some senators warned the multiple layers of definition could create confusion for officers and agencies and indicated they may vote no for that reason.

After questions and discussion the chamber proceeded to a roll-call vote; the second substitute was recorded as passing the Senate and will be returned to the House for signature procedures as shown on the floor.

Next steps: The bill will be signed by the President and returned to the House for the speaker's signature; POST and local agencies will be part of the implementation discussions.