Utah Code 53-11-108. Licensure — Basic qualifications
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An applicant for licensure under this chapter shall meet the following qualifications:
(1) An applicant shall be:
Terms Used In Utah Code 53-11-108
- Applicant: means a person who has submitted to the department a completed application and all required application and processing fees. See Utah Code 53-11-102
- Arrest: Taking physical custody of a person by lawful authority.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Board: means the Bail Bond Recovery Licensure Board created under Section 53-11-104. See Utah Code 53-11-102
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Occupied structure: means any edifice, including residential and public buildings, vehicles, or any other structure that could reasonably be expected to house or shelter persons. See Utah Code 53-11-102
- Peace officer: means any officer certified in accordance with Title 53, Chapter 13, Peace Officer Classifications. See Utah Code 53-1-102
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Supervision: means the employing bail enforcement agent is responsible for and authorizes the type and extent of work assigned to a bail recovery agent who is his employee or contract employee. See Utah Code 53-11-102
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(1)(a) at least 21 years of age;(1)(b) a citizen or legal resident of the United States; and(1)(c) of good moral character.
(2) An applicant may not:
(2)(a) have been convicted of:
(2)(a)(i) a felony;
(2)(a)(ii) any act involving illegally using, carrying, or possessing a dangerous weapon;
(2)(a)(iii) any act of personal violence or force on any person or convicted of threatening to commit any act of personal violence or force against another person;
(2)(a)(iv) any act constituting dishonesty or fraud;
(2)(a)(v) impersonating a peace officer; or
(2)(a)(vi) any act involving moral turpitude;
(2)(b) be on probation, parole, community supervision, or named in an outstanding arrest warrant; or
(2)(c) be employed as a peace officer.
(3) If previously or currently licensed in another state or jurisdiction, the applicant shall be in good standing within that state or jurisdiction.
(4)
(4)(a) The applicant shall also have completed a training program of not less than 16 hours that is approved by the board and includes:
(4)(a)(i) instruction on the duties and responsibilities of a licensee under this chapter, including:
(4)(a)(i)(A) search, seizure, and arrest procedure;
(4)(a)(i)(B) pursuit, arrest, detainment, and transportation of a bail bond suspect; and
(4)(a)(i)(C) specific duties and responsibilities regarding entering an occupied structure to carry out functions under this chapter;
(4)(a)(ii) the laws and rules relating to the bail bond business;
(4)(a)(iii) the rights of the accused; and
(4)(a)(iv) ethics.
(4)(b) The program may be completed after the licensure application is submitted, but shall be completed before a license may be issued under this chapter.
(5) If the applicant desires to carry a firearm as a licensee, the applicant shall:
(5)(a) successfully complete a course regarding the specified types of weapons he plans to carry. The course shall:
(5)(a)(i) be not less than 16 hours;
(5)(a)(ii) be conducted by any national, state, or local firearms training organization approved by the Criminal Investigations and Technical Services Division created in Section 53-10-103 ; and
(5)(a)(iii) provide training regarding general familiarity with the types of firearms to be carried, including:
(5)(a)(iii)(A) the safe loading, unloading, storage, and carrying of the types of firearms to be concealed; and
(5)(a)(iii)(B) current laws defining lawful use of a firearm by a private citizen, including lawful self-defense, use of deadly force, transportation, and concealment; and
(5)(b) shall hold a valid license to carry a concealed weapon, issued under Section 53-5-704 .