SB 136 — Enforcement Activities Amendments

SB0136S02 compared with SB0136S01SB0136 {Omitted text} shows text that was in SB0136S01SB0136 but was omitted in SB0136S02 inserted text shows text that was not in SB0136S01SB0136 but was inserted into SB0136S02 DISCLAIMER:

S ● a criminal penalty for an illegal use of a facial covering;

B ● a waiver of immunity and allowance for damages against an employee of a law enfo0cementenfoScement agency who violates the facial mask prohibition and commits a specified offense;

and 3B ● an exemption from the criminal penalty if the employing law enforcement agency hSsh1s established and publicly posted a facial covering policy;

03 SB0136S01SB0136 compared with SB0136S02 ▸ requires a law enforcement agency to establish and publicly post a facial covering policy and includes requirements for a law enforcement facial covering policy;

▸ {places restrictions on when a federal agency, or an entity operating on behalf of a federal agency, may operate a detention facility for the purpose of immigration enforcement proceedings;} ▸ requires, with certain exceptions, a governmental entity operating a sensitive location to not allow into certain non-public areas an individual who is seeking access to conduct an immigration enforcement operation;

53-13-106.14 , Utah Code Annotated 1953 53-25-106 , Utah Code Annotated 1953 53-25-903 , Utah Code Annotated 1953 {63G-16-401 , Utah Code Annotated 1953} 63G-34-101 , Utah Code Annotated 1953 63G-34-102 , Utah Code Annotated 1953 Be it enacted by the Legislature of the state of Utah:

-(a){(b)} 2 - SB0136S01 compared with SB0136S02 (b) "Federal immigration authority" means the United States Department of Homeland Security, the United States Immigration and Customs Enforcement, the United States Citizenship and Immigration Services, the United States Customs and Border Protection, or any other federal agency - 2 - SB0136 compared with SB0136S02 or entity that has the authority to detect, investigate, or enforce a violation of federal immigration law.

(c)(b){(c)} "Federal immigration employee" means an individual:

(d)(c){(d)} "House of worship" means the same as that term is defined in Section 76-11-201.

(e)(d){(e)} "Immigration enforcement operation" means an operation in which the primary objective is the identification or apprehension of an individual for the purpose of subjecting the individual to civil immigration detention, removal, or deportation proceedings.

(f)(e){(f)} "Law enforcement officer" means the same as that term is defined in Section 53-13-103.

(g)(f){(g)} "Sensitive location" means the same as that term is defined in Section 63G-34-101.

- 3 - SB0136S01 compared with SB0136S02 Section 2.

- 3 - SB0136 compared with SB0136S02 (1) For purposes of this section:

(c)(b){(c)} "Officer" means an individual:

(d)(c){(d)} "Tactical unit" means a special group within a law enforcement agency that is specifically trained and equipped to respond to critical, high-risk situations.

- 4 - SB0136S01 compared with SB0136S02 (b) the officer is actively participating in an undercover operation or assignment, including in a prosecution related to an undercover operation or assignment, that is authorized by the officer's supervising personnel or a court order;

- 4 - SB0136 compared with SB0136S02 (c) the use of the facial covering is authorized under a written facial covering policy established by the officer's employing law enforcement agency in accordance with Section 53-25-903;

(7)(6){(7)} The provisions of this section are severable, and if any subsection of this section or the application of any subsection to any person or circumstance is held invalid by a final decision of a court with jurisdiction, the remainder of this section shall be given effect without the invalid subsection or application.

(b)(1){(b)} {As used in this section, "tactical } "Tactical unit" means the same as that term is defined in Section 53-25-106.

- 5 - SB0136S01 compared with SB0136S02 (2) Beginning July 1, 2026, a law enforcement agency operating in the state shall create, maintain, and publicly post a written policy regarding the use of facial coverings by employees of the law enforcement agency.

- 5 - SB0136 compared with SB0136S02 (3) The policy described in Subsection (2) shall include:

(5)(4){(5)} The provisions of this section are severable, and if any subsection of this section or the application of any subsection to any person or circumstance is held invalid by a final decision of a court with jurisdiction, the remainder of this section shall be given effect without the invalid subsection or application.

Part 4.

Restrictions on Federal Immigration Detention Centers 63G-16-401.

Restrictions on federal immigration detention centers -- Violation.

(1) As used in this section:

(a) "Detention facility" means a facility in which an individual is held:

(i) while awaiting:

- 6 - SB0136S01 compared with SB0136S02 (A) a legal proceeding;

or (B) an immigration enforcement proceeding;

or (ii) as a consequence of committing an offense.

(b) "Federal agency" means the same as that term is defined in Section 63G-16-201.

(c) "Federal directive" means the same as that term is defined in Section 63G-16-201.

(d) "Immigration enforcement proceeding" means the detention or processing of an individual for the purpose of subjecting the individual to a civil or criminal immigration detention, removal, or deportation proceeding.

(2) A federal agency, or entity operating on behalf of a federal agency, may not build, own, lease, purchase, or operate a detention facility for the purpose of immigration enforcement proceedings unless the federal agency, or the entity operating on behalf of a federal agency, has:

(a) the express written approval for the detention facility from:

(i) the governor of this state;

(ii) the county in which the detention facility is or will be located;