Terms Used In Utah Code > Title 53 > Chapter 11 - Bail Bond Recovery Act

• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• 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.
• Automatic tabulating equipment: means apparatus that automatically examines and counts votes recorded on ballots and tabulates the results. See Utah Code 20A-1-102
• 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.
• Bail bond agency: means a bail enforcement agent licensed under this chapter who operates a business to carry out the functions of a bail enforcement agent, and to conduct this business:
       (2)(a) employs one or more persons licensed under this chapter for wages or salary, and withholds all legally required deductions and contributions; or
       (2)(b) contracts with a bail recovery agent or bail recovery apprentice on a part-time or case-by-case basis. See Utah Code 53-11-102
• Bail enforcement agent: means an individual licensed under this chapter as a bail enforcement agent to enforce the terms and conditions of a defendant's release on bail in a civil or criminal proceeding, to apprehend a defendant or surrender a defendant to custody, or both, as is appropriate, and who:
       (3)(a) is appointed by a bail bond surety; and
       (3)(b) receives or is promised money or other things of value for this service. See Utah Code 53-11-102
• Bail recovery agent: means an individual employed by a bail enforcement agent to assist the bail enforcement agent regarding civil or criminal defendants released on bail by:
       (4)(a) presenting a defendant for required court appearances;
       (4)(b) apprehending or surrendering a defendant to a court; or
       (4)(c) keeping the defendant under necessary surveillance. See Utah Code 53-11-102
• Bail recovery apprentice: means any individual licensed under this chapter as a bail recovery apprentice, and who:
       (5)(a) has not met the requirements for licensure as a bail recovery agent or bail enforcement agent; and
       (5)(b) is employed by a bail enforcement agent, and works under the direct supervision of a bail enforcement agent or bail recovery agent employed also by the bail enforcement agent, unless the bail recovery apprentice is conducting activities at the direction of the employing bail enforcement agent that under this chapter do not require direct supervision. See Utah Code 53-11-102
• Ballot: means the storage medium, including a paper, mechanical, or electronic storage medium, that records an individual voter's vote. See Utah Code 20A-1-102
• Ballot proposition: means a question, issue, or proposal that is submitted to voters on the ballot for their approval or rejection including:
       (4)(a) an opinion question specifically authorized by the Legislature;
       (4)(b) a constitutional amendment;
       (4)(c) an initiative;
       (4)(d) a referendum;
       (4)(e) a bond proposition;
       (4)(f) a judicial retention question;
       (4)(g) an incorporation of a city or town; or
       (4)(h) any other ballot question specifically authorized by the Legislature. See Utah Code 20A-1-102
• Board: means the Bail Bond Recovery Licensure Board created under Section 53-11-104. See Utah Code 53-11-102
• Board of canvassers: means the entities established by Sections 20A-4-301 and 20A-4-306 to canvass election returns. See Utah Code 20A-1-102
• Bond election: means an election held for the purpose of approving or rejecting the proposed issuance of bonds by a government entity. See Utah Code 20A-1-102
• Bureau: means the Bureau of Criminal Identification created in Section 53-10-201 within the Department of Public Safety. See Utah Code 53-11-102
• Candidate amplifier: means the product of:
       (1)(a) two less than the total number of candidates in a given ballot-counting phase of a multi-candidate race; and
       (1)(b) . See Utah Code 20A-4-601
• Canvass: means the review of election returns and the official declaration of election results by the board of canvassers. See Utah Code 20A-1-102
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Commissioner: means the commissioner of public safety as defined under Section 53-1-107, or his designee. See Utah Code 53-11-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Contracting election officer: means an election officer who enters into a contract or interlocal agreement with a provider election officer. See Utah Code 20A-1-102
• Conviction: means an adjudication of guilt by a federal, state, or local court resulting from a trial or plea, including a plea of no contest or nolo contendere, regardless of whether the imposition of sentence was suspended. See Utah Code 53-11-102
• Conviction: A judgement of guilt against a criminal defendant.
• County legislative body: means :
       (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
       (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
       (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Public Safety. See Utah Code 53-11-102
• Direct supervision: means a bail enforcement agent employing or contracting with a bail recovery apprentice, or a bail recovery agent employed by or contracting with that bail enforcement agent who:
       (12)(a) takes responsibility for and assigns the work a bail recovery apprentice may conduct; and
       (12)(b) closely supervises, within close physical proximity, and provides direction and guidance to the bail recovery apprentice regarding the assigned work. See Utah Code 53-11-102
• Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102
• Election officer: means :
       (23)(a) the lieutenant governor, for all statewide ballots and elections;
       (23)(b) the county clerk for:

            (23)(b)(i) a county ballot and election; and

            (23)(b)(ii) a ballot and election as a provider election officer as provided in Section Utah Code 20A-1-102
• Emergency action: means a summary suspension of a license issued under this chapter pending revocation, suspension, or probation, in order to protect the public health, safety, or welfare. See Utah Code 53-11-102
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• First preference ranking: means the candidate selected as the candidate most preferred by a voter, as indicated by:
       (2)(a) the number one; or
       (2)(b) if the voter does not assign the number one to any candidate, the number two. See Utah Code 20A-4-601
• Fraud: Intentional deception resulting in injury to another.
• Identification card: means a card issued by the commissioner to an applicant qualified for licensure under this chapter. See Utah Code 53-11-102
• independent contractor: means a person who works for an agency as an independent contractor. See Utah Code 53-11-102
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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.
• Law enforcement agency: means an entity or division of:
            (1)(e)(i)

                 (1)(e)(i)(A) the federal government, a state, or a political subdivision of a state;

                 (1)(e)(i)(B) a state institution of higher education; or

                 (1)(e)(i)(C) a private institution of higher education, if the entity or division is certified by the commissioner under Title 53, Chapter 19, Certification of Private Law Enforcement Agency; and
            (1)(e)(ii) that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances. See Utah Code 53-1-102
• Law enforcement officer: means the same as that term is defined in Section 53-13-103. See Utah Code 53-1-102
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Letter of concern: means an advisory letter to notify a licensee that while there is insufficient evidence to support probation, suspension, or revocation of a license, the department believes:
       (15)(a) the licensee should modify or eliminate certain practices; and
       (15)(b) continuation of the activities that led to the information being submitted to the department may result in further disciplinary action against the license. See Utah Code 53-11-102
• Local political subdivision: means a county, a municipality, a special district, or a local school district. See Utah Code 20A-1-102
• Local special election: means a special election called by the governing body of a local political subdivision in which all registered voters of the local political subdivision may vote. See Utah Code 20A-1-102
• Manual ballot: means a paper document produced by an election officer on which an individual records an individual's vote by directly placing a mark on the paper document using a pen or other marking instrument. See Utah Code 20A-1-102
• Multi-candidate race: means a nonpartisan municipal race where:
       (3)(a) for the election of at-large officers, the number of candidates who qualify for the race exceeds the total number of seats to be filled; or
       (3)(b) for the election of an officer other than an at-large officer, more than two candidates qualify to run for one office. See Utah Code 20A-4-601
• Municipal general election: means the election held in municipalities and, as applicable, special districts on the first Tuesday after the first Monday in November of each odd-numbered year for the purposes established in Section 20A-1-202. See Utah Code 20A-1-102
• Municipal legislative body: means the council of the city or town in any form of municipal government. See Utah Code 20A-1-102
• Municipal primary election: means an election held to nominate candidates for municipal office. See Utah Code 20A-1-102
• Municipality: means a city or town. See Utah Code 20A-1-102
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• 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
• Official ballot: means the ballots distributed by the election officer for voters to record their votes. See Utah Code 20A-1-102
• Official register: means the official record furnished to election officials by the election officer that contains the information required by Section 20A-5-401. See Utah Code 20A-1-102
• Participating municipality: means a municipality that is participating in the pilot project, in accordance with Subsection 20A-4-602(3). See Utah Code 20A-4-601
• 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
• Pilot project: means the Municipal Alternate Voting Methods Pilot Project created in Section 20A-4-602. See Utah Code 20A-4-601
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Political party: means an organization of registered voters that has qualified to participate in an election by meeting the requirements of Chapter 8, Political Party Formation and Procedures. See Utah Code 20A-1-102
• Poll worker: includes election judges. See Utah Code 20A-1-102
• Pollbook: means a record of the names of voters in the order that they appear to cast votes. See Utah Code 20A-1-102
• Polling place: means a building where voting is conducted. See Utah Code 20A-1-102
• Position: means a square, circle, rectangle, or other geometric shape on a ballot in which the voter marks the voter's choice. See Utah Code 20A-1-102
• Presidential Primary Election: means the election established in Chapter 9, Part 8, Presidential Primary Election. See Utah Code 20A-1-102
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Provider election officer: means an election officer who enters into a contract or interlocal agreement with a contracting election officer to conduct an election for the contracting election officer's local political subdivision in accordance with Section Utah Code 20A-1-102
• Provisional ballot: means a ballot voted provisionally by a person:
       (55)(a) whose name is not listed on the official register at the polling place;
       (55)(b) whose legal right to vote is challenged as provided in this title; or
       (55)(c) whose identity was not sufficiently established by a poll worker. See Utah Code 20A-1-102
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• qualified: means to take the oath of office and begin performing the duties of the position for which the individual was elected. See Utah Code 20A-1-102
• Quorum: The number of legislators that must be present to do business.
• Recount threshold: means the sum of the candidate amplifier and the following:
       (6)(a) for a ballot-counting phase in which fewer than 100 valid rankings are counted, 0. See Utah Code 20A-4-601
• Regular general election: means the election held throughout the state on the first Tuesday after the first Monday in November of each even-numbered year for the purposes established in Section 20A-1-201. See Utah Code 20A-1-102
• Regular primary election: means the election, held on the date specified in Section Utah Code 20A-1-102
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Sample ballot: means a mock ballot similar in form to the official ballot, published as provided in Section 20A-5-405. See Utah Code 20A-1-102
• Special district: means a local government entity under Title 17B, Limited Purpose Local Government Entities - Special Districts, and includes a special service district under Title 17D, Chapter 1, Special Service District Act. See Utah Code 20A-1-102
• Special district officers: means those special district board members who are required by law to be elected. See Utah Code 20A-1-102
• Special election: means an election held as authorized by Section 20A-1-203. See Utah Code 20A-1-102
• 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
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• 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
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Unprofessional conduct: means :
       (18)(a) engaging or offering to engage by fraud or misrepresentation in any activities regulated by this chapter;
       (18)(b) aiding or abetting a person who is not licensed pursuant to this chapter in representing that person as a bail recovery agent in this state;
       (18)(c) gross negligence in the practice of a bail recovery agent;
       (18)(d) committing a felony or a misdemeanor involving any crime that is grounds for denial, suspension, or revocation of a bail recovery license, and conviction by a court of competent jurisdiction or a plea of no contest is conclusive evidence of the commission; or
       (18)(e) making a fraudulent or untrue statement to the board, department, its investigators, or staff. See Utah Code 53-11-102
• Valid: means that the ballot is marked in a manner that permits the ranking to be counted during the applicable ballot-counting phase. See Utah Code 20A-4-601
• Valid voter identification: means :
       (76)(a) a form of identification that bears the name and photograph of the voter which may include:

            (76)(a)(i) a currently valid Utah driver license;

            (76)(a)(ii) a currently valid identification card that is issued by:

                 (76)(a)(ii)(A) the state; or

                 (76)(a)(ii)(B) a branch, department, or agency of the United States;

            (76)(a)(iii) a currently valid Utah permit to carry a concealed weapon;

            (76)(a)(iv) a currently valid United States passport; or

            (76)(a)(v) a currently valid United States military identification card;
       (76)(b) one of the following identification cards, whether or not the card includes a photograph of the voter:

            (76)(b)(i) a valid tribal identification card;

            (76)(b)(ii) a Bureau of Indian Affairs card; or

            (76)(b)(iii) a tribal treaty card; or
       (76)(c) two forms of identification not listed under Subsection (76)(a) or (b) but that bear the name of the voter and provide evidence that the voter resides in the voting precinct, which may include:

            (76)(c)(i) a current utility bill or a legible copy thereof, dated within the 90 days before the election;

            (76)(c)(ii) a bank or other financial account statement, or a legible copy thereof;

            (76)(c)(iii) a certified birth certificate;

            (76)(c)(iv) a valid social security card;

            (76)(c)(v) a check issued by the state or the federal government or a legible copy thereof;

            (76)(c)(vi) a paycheck from the voter's employer, or a legible copy thereof;

            (76)(c)(vii) a currently valid Utah hunting or fishing license;

            (76)(c)(viii) certified naturalization documentation;

            (76)(c)(ix) a currently valid license issued by an authorized agency of the United States;

            (76)(c)(x) a certified copy of court records showing the voter's adoption or name change;

            (76)(c)(xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;

            (76)(c)(xii) a currently valid identification card issued by:

                 (76)(c)(xii)(A) a local government within the state;

                 (76)(c)(xii)(B) an employer for an employee; or

                 (76)(c)(xii)(C) a college, university, technical school, or professional school located within the state; or

            (76)(c)(xiii) a current Utah vehicle registration. See Utah Code 20A-1-102
• Voter: means an individual who:
       (79)(a) meets the requirements for voting in an election;
       (79)(b) meets the requirements of election registration;
       (79)(c) is registered to vote; and
       (79)(d) is listed in the official register book. See Utah Code 20A-1-102
• Voting booth: means :
       (82)(a) the space or compartment within a polling place that is provided for the preparation of ballots, including the voting enclosure or curtain; or
       (82)(b) a voting device that is free standing. See Utah Code 20A-1-102
• Voting device: means any device provided by an election officer for a voter to vote a mechanical ballot. See Utah Code 20A-1-102
• Voting precinct: means the smallest geographical voting unit, established under Chapter 5, Part 3, Duties of the County and Municipal Legislative Bodies. See Utah Code 20A-1-102
• Watcher: means an individual who complies with the requirements described in Section 20A-3a-801 to become a watcher for an election. See Utah Code 20A-1-102
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5