SB 262

 03-03 18:49  3rd Sub. (Ivory) S.B. 262
                           Daniel McCay proposes the following substitute bill:
1Law Enforcement Usage of Unmarked Vehicles
                                        2026 GENERAL SESSION
                                             STATE OF UTAH
                                     Chief Sponsor: Daniel McCay
                                               House Sponsor:
2
3   LONG TITLE
4   General Description:
5This bill prohibits a law enforcement agency from using an unmarked law enforcement
6   vehicle for certain purposes.
7   Highlighted Provisions:
8This bill:
9▸ defines terms;
10▸ prohibits a law enforcement agency from using an unmarked law enforcement vehicle for
11   certain purposes; and
12▸ provides exceptions.
13   Money Appropriated in this Bill:
14None
15   Other Special Clauses:
16None
17   Utah Code Sections Affected:
                                                                                                        3rd Sub. S.B. 262
18   ENACTS:
1977-7-28, Utah Code Annotated 1953
20
21   Be it enacted by the Legislature of the state of Utah:
22Section 1. Section 77-7-28 is enacted to read:
23CHAPTER 7. Arrests and Citations, By Whom, and How Made
2477-7-28 . Restrictions on certain uses of an unmarked law enforcement vehicle.
25   (1) As used in this section:
26(a) "Law enforcement agency" means the same as that term is defined in Section 77-7-27.
27(b) "Traffic infraction law" means a violation that is classified as an infraction under:
28(i) Title 41, Chapter 6a, Traffic Code; or
 3rd Sub. (Ivory) S.B. 262  03-03 18:49
29(ii) a local traffic ordinance.
30(c) "Unmarked law enforcement vehicle" means a vehicle that:
31(i) is used for a law enforcement purpose; and
32(ii) does not have writing or markings on both sides of the vehicle that clearly
33identify the vehicle as a law enforcement vehicle from at least 25 feet away.
34   (2) Except as provided in Subsection (3), a law enforcement agency may not use an
35unmarked law enforcement vehicle for a patrol assignment for which a primary purpose
36is the enforcement of traffic infraction law.
37   (3) A law enforcement agency may use an unmarked law enforcement vehicle for:
38(a) an assignment for an employee of a law enforcement agency that is meant to address
39a documented specific traffic issue within a community;
40(b) a public safety operation that is meant to address traffic violations based on:
41(i) crosswalk enforcement;
42(ii) construction zones;
43(iii) DUI enforcement;
44(iv) stopped school buses; or
45(v) school zone speed enforcement; or
46(c) in accordance with Section 41-1a-407.
47Section 2. Effective Date.
48   This bill takes effect on May 6, 2026.
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