Sunday, April 03, 2011

New Utah Law on Verification of Identity

H.B. 116
Utah Immigration Accountability and Enforcement Amendments of 2011

Detention or arrest -- Determination of immigration status

(1)(a) Except as otherwise provided in this Subsection (1), a law enforcement officer:

(i) shall request verification of the immigration status of an individual when the law enforcement officer acting in the enforcement of a state law or local ordinance:
(A) conducts a lawful stop, detention, or arrest of the individual for an alleged offense that is a class A misdemeanor or a felony

Arrest by peace officers

A peace officer may make an arrest under authority of a warrant or may, without warrant, arrest a person:

(4) when the peace officer has reasonable cause to believe the person has committed the offense of failure to disclose identity under Section 76-8-301.5 [.];


(5) when the peace officer has reasonable cause to believe that the person is an alien:
(a) subject to a civil removal order issued by an immigration judge;
(b) regarding whom a civil detainer warrant has been issued by the federal Department of Homeland Security; or
(c) who has been charged or convicted in another state with one or more aggravated felonies as defined by 8 U.S.C. Sec. 1101(a)(43).

Enacted - March 15, 2011

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