reglab/statecodes huggingface dataset:
2023 Utah Code › Title 53 - Public Safety Code › Chapter 9 - Private Investigator Regulation Act › Section 111 - License and registration fees -- Deposit in General Fund.

Effective 6/29/2020
53-9-111.
License and registration fees -- Deposit in General Fund.
(1) Fees for individual and agency licensure and renewal shall be in accordance with Section 63J-1-504.
(2)
(a) The bureau may renew a license granted under this chapter upon receipt of:
(i) a renewal application on forms as prescribed by the bureau; and
(ii) the fees prescribed in Subsection (1).
(b)
(i) The renewal of a license requires the filing of all certificates of insurance or proof of surety bond as required by this chapter.
(ii) Renewal of a license may not be granted more than 180 days after expiration.
(c) A licensee may not engage in activity subject to this chapter during the period between the date of expiration of the license and the renewal of the license.
(3)
(a) The bureau shall renew a suspended license if:
(i) the period of suspension has been completed;
(ii) the bureau has received a renewal application from the applicant on forms prescribed by the bureau; and
(iii) the applicant has:
(A) filed all certificates of insurance or proof of surety bond as required by this chapter; and
(B) paid the fees required by this section for renewal, including a delinquency fee if the application is not received by the bureau within 30 days of the termination of the suspension.
(b) Renewal of the license does not entitle the licensee, while the license remains suspended and until it is reinstated, to engage in activity regulated by this chapter, or in other activity or conduct in violation of the order or judgment by which the license was suspended.
(4) The bureau may not reinstate a revoked license or accept an application for a license from a person whose license has been revoked for at least one year from the date of revocation.
(5) All fees, except the fingerprint processing fee, collected by the bureau under this section shall be deposited in the General Fund.
Amended by Chapter 18, 2020 Special Session 5
2023 Utah Code › Title 53 - Public Safety Code › Chapter 9 - Private Investigator Regulation Act › Section 112 - Issuance of license and identification card to applicant -- License period -- Expiration of application -- Transfer of license prohibited.

53-9-112.
Issuance of license and identification card to applicant -- License period -- Expiration of application -- Transfer of license prohibited.
(1) The commissioner shall issue a license to an applicant who complies with the provisions of this chapter. Each license issued under this chapter shall:
(a) contain the name and address of the licensee and the number of the license, its agency, registrant, or apprentice license designation; and
(b) be issued for a period of two years.
(2) On the issuance of a license, an identification card shall:
(a) be issued without charge to the licensee; and
(b) state on its face whether the bearer holds an agency, registrant, or apprentice license.
(3)
(a) A registrant identification card shall state that the licensee is under the direction of a licensed agency and may not do investigative work independently for the public.
(b) An apprentice identification card shall state that the licensee is under the direct supervision of a licensed agency and may not do investigative work independently for the public.
(4) Upon request by any person, the licensee shall immediately identify the name, business address, and phone number of the licensed agency for which the licensee is an employee or independent contractor.
(5)
(a) On notification by the commissioner to an applicant that the license is not complete, or is not ready for issuance pending additional information, the applicant shall complete the application process and provide the additional information within 90 days.
(b) Failure to complete the process shall result in the application being cancelled and all fees forfeited.
(c) Subsequent application by the same applicant requires the payment of all application and license fees prescribed in Section 53-9-111.
(6) A licensee shall notify the commissioner of any change in the name or address of his business within 60 days of the change and failure to so notify will result in the automatic suspension of the license. To relieve the suspension, the licensee must apply for reinstatement and pay the fee prescribed in Section 53-9-111.
(7) A license issued under this chapter is not transferable or assignable.
Amended by Chapter 212, 1998 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 9 - Private Investigator Regulation Act › Section 113 - Grounds for denial of a license -- Appeal.

53-9-113.
Grounds for denial of a license -- Appeal.
(1) The board may deny a license or the renewal of a license if the applicant has:
(a) committed an act that, if committed by a licensee, would be grounds for probation, suspension, or revocation of a license under this chapter;
(b) employed or contracted with a person who has been refused a license under this chapter or who has had a license revoked;
(c) while not licensed under this chapter, committed, or aided and abetted the commission of, any act for which a license is required by this chapter; or
(d) knowingly made a material misstatement in connection with an application for a license or renewal of a license.
(2)
(a) The board's denial of a license under this chapter shall:
(i) be in writing;
(ii) describe the basis for the denial; and
(iii) inform the applicant that if the applicant desires a hearing to contest the denial, the applicant shall submit a request in writing to the board within 30 days after the denial has been sent by certified mail to the applicant.
(b) The board shall schedule a hearing on the denial for the next board meeting after the applicant's request for a hearing has been received by the board.
(3) The decision of the board may be appealed to the commissioner, who may:
(a) return the case to the board for reconsideration;
(b) modify the board's decision; or
(c) reverse the board's decision.
(4) The commissioner shall promptly issue a final order and send the order by mail to the applicant.
(5) Decisions of the commissioner are subject to judicial review pursuant to Section 63G-4-402.
Amended by Chapter 432, 2011 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 9 - Private Investigator Regulation Act › Section 115 - Business name and address -- Posting of license -- Advertising.

53-9-115.
Business name and address -- Posting of license -- Advertising.
(1)
(a) Subject to the provisions of this chapter, a licensee may conduct an investigative business under a name other than the licensee's by:
(i) complying with the requirements of Title 42, Chapter 2, Conducting Business Under Assumed Name; and
(ii) providing a copy of the filed certificate to the commissioner.
(b) Failure to comply with Subsection (1)(a) shall result in the suspension of the license.
(2) Each licensee shall have at least one physical location from which the normal business of the agency is conducted. The address of this location shall be on file with the commissioner at all times and is not a public record pursuant to Subsection 63G-2-301(2)(b)(ii).
(3) The license certificate issued by the commissioner shall be posted in a conspicuous place in the principal office of the licensee.
(4) Subject to the provisions of this chapter, a licensee may solicit business through any accepted form of advertising.
(a) Any advertisement shall contain the licensee's name and license number as it appears on the license certificate.
(b) A licensee may not use false, deceptive, or misleading advertising.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 9 - Private Investigator Regulation Act › Section 116 - Divulging investigative information -- False reports prohibited.

53-9-116.
Divulging investigative information -- False reports prohibited.
(1) Except as otherwise provided by this chapter, a licensee may not divulge or release to anyone other than his client or employer the contents of an investigative file acquired in the course of licensed investigative activity. However, the board shall have access to investigative files if the client for whom the information was acquired, or his lawful representative, alleges a violation of this chapter by the licensee or if the prior written consent of the client to divulge or release the information has been obtained.
(2) A licensee may not willfully make a false statement or report to a client, employer, the board, or any authorized representative of the department, concerning information acquired in the course of activities regulated by this chapter.
(3) The licensee shall submit investigative reports to a client at times and in the manner agreed upon between the licensee and the client.
(4) Upon demand by the client, the licensee shall divulge to the client the results of an investigation if payment in full has been tendered for the charges levied.
(5) The licensee has full right to withdraw from any case and refund any portion of a retainer for which investigative work has not been completed.
Amended by Chapter 212, 1998 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 9 - Private Investigator Regulation Act › Section 121 - Limited-use license.

53-9-121.
Limited-use license.
(1) As used in this section:
(a) "Legislative body" means:
(i) the Legislature;
(ii) the Utah House of Representatives;
(iii) the Utah Senate;
(iv) a special investigative committee; or
(v) a staff office of the Legislature.
(b) "Special investigative committee" is as defined in Subsection 36-12-9(1).
(2) Notwithstanding any provision of this chapter, a person is qualified to receive a limited-use license if the person:
(a) is licensed, in good standing, by another state, district, or territory of the United States to provide the services of a private investigator or private detective; and
(b) is retained by a legislative body to provide the services of a private investigator or private detective for:
(i) a special investigative committee; or
(ii) a purpose relating to impeachment.
(3) A person holding a limited-use license may only provide the services described in Subsection (2)(b).
(4) The bureau shall issue a limited-use license to a person within five days after the day on which the bureau receives notice from a legislative body that:
(a) the person meets the qualifications described in Subsection (2)(a); and
(b) the legislative body has retained the person to provide the services described in Subsection (2)(b).
(5) The bureau may not:
(a) impose a qualification for the receipt of a limited-use license other than the qualifications described in Subsection (2)(a); or
(b) charge a fee to issue a limited-use license.
(6) A limited-use license expires when the person to whom it is issued is no longer retained by a legislative body to provide a service described in Subsection (2)(b).
Enacted by Chapter 3, 2013 Special Session 1
Enacted by Chapter 3, 2013 Special Session 1
2023 Utah Code › Title 53 - Public Safety Code › Chapter 9 - Private Investigator Regulation Act › Section 122 - Exemptions from licensure.

Effective 5/14/2019
53-9-122.
Exemptions from licensure.
Except as otherwise provided by statute or rule, the following individuals may engage in the practice of an occupation or profession regulated by this chapter, subject to the stated circumstances and limitations, without being licensed under this title:
(1) an individual licensed under the laws of this state, other than under this chapter, to practice or engage in an occupation or profession, while engaged in the lawful, professional, and competent practice of that occupation or profession;
(2) an individual serving in the armed forces of the United States, the United States Public Health Service, the United States Department of Veterans Affairs, or any other federal agency while engaged in activities regulated under this title as a part of employment with that federal agency if the individual holds a valid license to practice the regulated occupation or profession issued by any other state or jurisdiction recognized by the department; and
(3) the spouse of an individual serving in the armed forces of the United States while the individual is stationed within this state, if:
(a) the spouse holds a valid license to practice the regulated occupation or profession issued by any other state or jurisdiction recognized by the department; and
(b) the license is current and the spouse is in good standing in the state or jurisdiction of licensure.
Amended by Chapter 136, 2019 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 1 - General Provisions › Section 103 - Division -- Creation -- Director appointment and qualifications.

Effective 7/1/2021
53-10-103.
Division -- Creation -- Director appointment and qualifications.
(1) There is created within the department the Criminal Investigations and Technical Services Division.
(2) The division shall be administered by a director appointed by the commissioner with the approval of the governor.
(3) The director is the executive and administrative head of the division and shall be experienced in administration and possess additional qualifications as determined by the commissioner and as provided by law.
(4) The director acts under the supervision and control of the commissioner and may be removed from his position at the will of the commissioner.
(5) The director shall receive compensation as provided by Title 63A, Chapter 17, Utah State Personnel Management Act.
Amended by Chapter 345, 2021 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 1 - General Provisions › Section 104 - Division duties.

Effective 5/3/2023
53-10-104.
Division duties.
The division shall:
(1) provide and coordinate the delivery of support services to law enforcement agencies;
(2) maintain and provide access to criminal records for use by law enforcement agencies;
(3) publish law enforcement and statistical data;
(4) maintain dispatch and communications services for public safety communications centers and provide emergency medical, fire suppression, highway maintenance, public works, and law enforcement communications for municipal, county, state, and federal agencies;
(5) analyze evidence from crime scenes and crime-related incidents for criminal prosecution;
(6) provide criminalistic laboratory services to federal, state, and local law enforcement agencies, prosecuting attorneys and agencies, and public defenders, with the exception of those services provided by the state medical examiner in accordance with Title 26B, Chapter 8, Part 2, Utah Medical Examiner;
(7) establish satellite laboratories as necessary to provide criminalistic services;
(8) safeguard the public through licensing and regulation of activities that impact public safety, including concealed weapons, emergency vehicles, and private investigators;
(9) provide investigative assistance to law enforcement and other government agencies;
(10) collect and provide intelligence information to criminal justice agencies;
(11) investigate crimes that jeopardize the safety of the citizens, as well as the interests, of the state;
(12) regulate and investigate laws pertaining to the sale and distribution of liquor;
(13) make rules to implement this chapter;
(14) perform the functions specified in this chapter;
(15) comply with the requirements of Section 11-40-103;
(16) comply with the requirements of Sections 72-10-602 and 72-10-603; and
(17) develop and maintain a secure database of cold cases within the Utah Criminal Justice Information System pursuant to Section 53-10-115.
Amended by Chapter 328, 2023 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 1 - General Provisions › Section 104.5 - Wireless service -- Call location in emergencies.

Effective 5/4/2022
53-10-104.5.
Wireless service -- Call location in emergencies.
(1) As used in this section:
(a) "Call location information" means the best available location information, including information obtained by use of historical cellular site information or a mobile locator tool.
(b) "Law enforcement agency" or "agency" has the same definition as in Section 53-1-102.
(c) "Mobile telecommunications service" has the same definition as in Section 54-8b-2.
(d) "Telecommunication device" has the same definition as in Section 76-6-409.5.
(2) A mobile telecommunications service shall provide call location information regarding a telecommunication device user whom a law enforcement agency has reason to believe is in need of services under Subsection (2)(a) or (b), upon the request of a law enforcement agency or a public safety communications center if the agency or center determines the location information is necessary in order to respond to:
(a) a call for emergency response services; or
(b) an emergency situation that involves the imminent risk of death or serious bodily injury as defined in Section 76-1-101.5.
(3) The mobile telecommunications service may establish procedures for its voluntary response to a request for location under Subsection (2).
(4) A mobile telecommunications service that, acting in good faith, provides information as requested under Subsection (2) may not be held civilly liable for providing the information.
(5)
(a) The division shall obtain contact information from all mobile telecommunication service providers that provide services in this state to facilitate communicating location requests under Subsection (2).
(b) The division shall provide the contact information to all public safety communications centers in the state and shall provide updates to the contact information.
Amended by Chapter 430, 2022 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 1 - General Provisions › Section 105 - Assistance to law enforcement agencies -- Investigation of crimes -- Laboratory facilities.

53-10-105.
Assistance to law enforcement agencies -- Investigation of crimes -- Laboratory facilities.
(1) The commissioner may assist any law enforcement agency in:
(a) establishing identification and investigation records systems;
(b) establishing uniform crime reporting systems;
(c) investigating any crime;
(d) coordinating the exchange of criminal identification, intelligence, and investigation information among law enforcement agencies; and
(e) providing the agencies with equipment, technical assistance, and instruction.
(2)
(a) At the governor's direction, the commissioner shall assign division employees to investigate any crime within this state for the purpose of identifying, apprehending, and convicting the perpetrator or perpetrators of that crime even if the commissioner has not received a request from a law enforcement agency.
(b) The governor may establish a time period for the commissioner to pursue the investigation.
(c) To accomplish the purposes of this section, the commissioner may provide, through the division, crime detection laboratory facilities.
Renumbered and Amended by Chapter 263, 1998 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 1 - General Provisions › Section 106 - Cooperation with agencies of any state or nation.

53-10-106.
Cooperation with agencies of any state or nation.
The division shall cooperate with appropriate agencies of any state or nation in developing uniform systems of criminal identification, crime reporting, and information exchange.
Renumbered and Amended by Chapter 263, 1998 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 1 - General Provisions › Section 107 - Admissibility in evidence of certified copies of division files.

53-10-107.
Admissibility in evidence of certified copies of division files.
A copy of any fingerprint, record, document, or other evidence in the files of the division, certified by the commissioner to be a true copy of the original, is admissible in evidence in the same manner as the original.
Renumbered and Amended by Chapter 263, 1998 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 1 - General Provisions › Section 109 - Telecommunications systems.

53-10-109.
Telecommunications systems.
For the purpose of expediting local, state, national, and international efforts in the detection and apprehension of criminals, the division may operate and coordinate telecommunications systems as may be required in the conduct of its duties under this part.
Renumbered and Amended by Chapter 263, 1998 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 1 - General Provisions › Section 110 - Authority of officers and officials to take fingerprints, photographs, and other data.

53-10-110.
Authority of officers and officials to take fingerprints, photographs, and other data.
The officers and officials described in Sections 53-10-207 through 53-10-209 shall take, or cause to be taken, fingerprints, photographs, and other related data of persons under this part.
Renumbered and Amended by Chapter 263, 1998 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 1 - General Provisions › Section 111 - Refusal to provide information -- False information -- Misdemeanor.

53-10-111.
Refusal to provide information -- False information -- Misdemeanor.
It is a class B misdemeanor for a person to:
(1) neglect or refuse to provide, or willfully withhold any information under this part;
(2) willfully provide false information;
(3) willfully fail to do or perform any act required under this part;
(4) hinder or prevent another from doing an act required under this part; or
(5) willfully remove, destroy, alter, mutilate, or disclose the contents of any file or record created or maintained, or to which access is granted by the division unless authorized by and in compliance with procedures established by the division.
Amended by Chapter 243, 2011 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 1 - General Provisions › Section 112 - Director and officers to have peace officer powers.

53-10-112.
Director and officers to have peace officer powers.
The director and enforcement officers:
(1) are vested with the powers of peace officers throughout the several counties of the state, with the exception of the power to serve civil process;
(2) have the powers and duties of inspectors under Title 32B, Alcoholic Beverage Control Act;
(3) may serve criminal process and arrest and prosecute violators of any law of this state; and
(4) have the same rights as other peace officers to require aid in executing their duties.
Amended by Chapter 276, 2010 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 1 - General Provisions › Section 113 - Other agencies to cooperate with division.

53-10-113.
Other agencies to cooperate with division.
(1) All agencies of the state and local governments shall cooperate with the division in discharging its responsibilities under:
(a) this chapter;
(b)Title 32B, Alcoholic Beverage Control Act;
(c)Title 58, Chapter 37, Utah Controlled Substances Act;
(d)Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
(e)Title 58, Chapter 37b, Imitation Controlled Substances Act; and
(f)Title 58, Chapter 37c, Utah Controlled Substance Precursor Act.
(2) This part does not relieve local law enforcement agencies or officers of the responsibility of enforcing laws relating to alcoholic beverages and alcoholic products or any other laws.
(3) The powers and duties conferred upon the director and the officers of the division are not a limitation upon the powers and duties of other peace officers in the state.
Amended by Chapter 276, 2010 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 1 - General Provisions › Section 114 - Authority regarding drug precursors.

Effective 5/4/2022
53-10-114.
Authority regarding drug precursors.
(1) As used in this section, "acts" means:
(a)Title 58, Chapter 37c, Utah Controlled Substance Precursor Act; and
(b)Title 58, Chapter 37d, Clandestine Drug Lab Act.
(2) The division has authority to enforce the drug lab and precursor acts. To carry out this purpose, the division may:
(a) inspect, copy, and audit any records, inventories of controlled substance precursors, and reports required under the acts and rules adopted under the acts;
(b) enter the premises of regulated distributors and regulated purchasers during normal business hours to conduct administrative inspections;
(c) assist the law enforcement agencies of the state in enforcing the acts;
(d) conduct investigations to enforce the acts;
(e) present evidence obtained from investigations conducted in conjunction with appropriate county and district attorneys and the Office of the Attorney General for civil or criminal prosecution or for administrative action against a licensee; and
(f) work in cooperation with the Division of Professional Licensing, created under Section 58-1-103, to accomplish the purposes of this section.
Amended by Chapter 415, 2022 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 1 - General Provisions › Section 115 - Cold case database.

Effective 7/1/2018
53-10-115.
Cold case database.
(1) As used in this section, "cold case" means an investigation into any crime listed in Subsections 76-1-301(2)(a) through (g), or regarding a missing person, that remains unsolved at least three years after the crime occurred or the individual went missing.
(2) The division shall develop a secure database within the Utah Criminal Justice Information System that contains information related to each cold case that is open in any jurisdiction in the state.
(3) The division shall adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to specify:
(a) the information to be collected and maintained in the database; and
(b) what information may be accessed by the public.
(4) Each law enforcement agency in the state shall provide the information required by the division for inclusion in the database for each open investigation. The law enforcement agency shall maintain the physical evidence and investigation file for each case unless otherwise agreed to by the law enforcement agency and the division.
(5) The division shall maintain the information on a cold case indefinitely.
Enacted by Chapter 169, 2018 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 1 - General Provisions › Section 116 - National Crime Prevention and Privacy Compact ratification and implementation.

Effective 5/8/2018
53-10-116.
National Crime Prevention and Privacy Compact ratification and implementation.
(1) To facilitate the interstate exchange of criminal history information for noncriminal justice purposes, including background checks for licensing and screening of employees and volunteers, the National Crime Prevention and Privacy Compact, 42 U.S.C. 14616, is ratified and incorporated by reference as law in this state.
(2) The division is the central repository of criminal history records for purposes of the compact and shall do all things necessary or incidental to carrying out the compact.
(3) The director, or director's designee, is the state's compact officer and shall administer the compact within the state.
(4) The division may adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and establish procedures for the cooperative exchange of criminal history records between the state, other state governments, and with the federal government for use in noncriminal justice background checks.
(5) The compact and this section do not affect the duties and responsibilities of the division under other provisions of this chapter regarding the dissemination of criminal history records within the state.
Enacted by Chapter 42, 2018 General Session
Technically renumbered to avoid duplication of section number also enacted in SB 160, Chapter 169, effective 7/1/2018.
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 2 - Bureau of Criminal Identification › Section 201 - Bureau of Criminal Identification -- Creation -- Bureau Chief appointment, qualifications, and compensation.

Effective 7/1/2021
53-10-201.
Bureau of Criminal Identification -- Creation -- Bureau Chief appointment, qualifications, and compensation.
(1) There is created within the division the Bureau of Criminal Identification.
(2) The bureau shall be administered by a bureau chief appointed by the division director with the approval of the commissioner.
(3) The bureau chief shall be experienced in administration and possess additional qualifications as determined by the commissioner or division director and as provided by law.
(4) The bureau chief acts under the supervision and control of the division director and may be removed from his position at the will of the commissioner.
(5) The bureau chief shall receive compensation as provided by Title 63A, Chapter 17, Utah State Personnel Management Act.
Amended by Chapter 345, 2021 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 2 - Bureau of Criminal Identification › Section 202.5 - Bureau services -- Fees.

Effective 5/4/2022
53-10-202.5.
Bureau services -- Fees.
The bureau shall collect fees for the following services:
(1) applicant fingerprint card as determined by Section 53-10-108;
(2) bail enforcement licensing as determined by Section 53-11-115;
(3) concealed firearm permit as determined by Section 53-5-707;
(4) provisional concealed firearm permit as determined by Section 53-5-707.5;
(5) a certificate of eligibility for expungement as described in Section 77-40a-304;
(6) firearm purchase background check as determined by Section 76-10-526;
(7) name check as determined by Section 53-10-108;
(8) private investigator licensing as determined by Section 53-9-111; and
(9) right of access as determined by Section 53-10-108.
Amended by Chapter 250, 2022 General Session
Amended by Chapter 384, 2022 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 2 - Bureau of Criminal Identification › Section 203 - Missing persons -- Reports -- Notification.

Effective 3/22/2018
53-10-203.
Missing persons -- Reports -- Notification.
(1) Each law enforcement agency that is investigating the report of a missing person shall provide information regarding that report to the division. The report shall include descriptive information and the date and location of the last-known contact with the missing person.
(2) The division shall notify the state registrar of Vital Statistics and the FBI National Crime Information Center of all missing persons reported in accordance with Subsection (1) and shall provide the state registrar with information concerning the identity of those missing persons.
(3) If the division has reason to believe that a missing person reported in accordance with Subsection (1) has been enrolled in a specific school in this state, the division shall also notify the last-known school of that report.
(4) Upon learning of the recovery of a missing person, the division shall notify the state registrar and any school that it has previously informed of the person's disappearance.
(5) The division shall, by rule, determine the manner and form of reports, notices, and information required by this section.
(6) Upon notification by the state registrar or school personnel that a request for a birth certificate, school record, or other information concerning a missing person has been made, or that an investigation is needed in accordance with Section 53G-6-603, the division shall immediately notify the local law enforcement authority.
Amended by Chapter 415, 2018 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 2 - Bureau of Criminal Identification › Section 204 - Missing person records -- Confidentiality -- Availability.

53-10-204.
Missing person records -- Confidentiality -- Availability.
Inquiries made regarding missing persons are confidential and are available only to:
(1) a law enforcement agency investigating a report of a missing person;
(2) an agency having the responsibility or authority to care for, treat, or supervise a person who is the subject of a placement in temporary or substitute care or an adoption proceeding;
(3) a court, upon a finding that access to the records may be necessary for the determination of an issue before it;
(4) the office of the public prosecutor or its deputies;
(5) any person engaged in bona fide research when approved by the director of the division, excluding names and addresses; and
(6) entities or persons authorized to receive the information in accordance with Section 53-10-203.
Renumbered and Amended by Chapter 263, 1998 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 2 - Bureau of Criminal Identification › Section 205 - Uniform crime reporting system -- Reporting timelines and use of data.

Effective 5/5/2021
53-10-205.
Uniform crime reporting system -- Reporting timelines and use of data.
(1) The data acquired under the statewide uniform crime reporting system shall be used only for research or statistical purposes and may not contain any information that may reveal the identity of an individual victim of a crime or law enforcement officer.
(2) A law enforcement agency shall, for the jurisdiction of the law enforcement agency, submit crime reporting and use of force data requested or required by the statewide uniform crime reporting system described in Section 53-10-202:
(a) to the bureau before the 16th day of the month after the month in which a reported crime occurs; and
(b) in a manner prescribed by the bureau and in compliance with the requirements of the Federal Bureau of Investigation's uniform crime reporting standards.
(3) Upon request of the bureau, a law enforcement agency shall review and verify crime reporting data within 10 business days after the day on which the law enforcement agency receives the request.
Amended by Chapter 103, 2021 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 2 - Bureau of Criminal Identification › Section 206 - Collection of information.

53-10-206.
Collection of information.
The commissioner and persons designated by him may require all peace officers, the warden of the state prison, the keeper of any jail or correctional institution, or superintendent of the state hospital to obtain information that will aid in establishing the records required to be kept.
Renumbered and Amended by Chapter 263, 1998 General Session
Amended by Chapter 282, 1998 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 2 - Bureau of Criminal Identification › Section 207 - Peace officers, prosecutors, and magistrates to supply information to state and F.B.I. -- Notification of arrest based on warrant.

53-10-207.
Peace officers, prosecutors, and magistrates to supply information to state and F.B.I. -- Notification of arrest based on warrant.
(1) Every peace officer shall:
(a) cause fingerprints of persons he has arrested to be taken on forms provided by the division and the Federal Bureau of Investigation;
(b) supply information requested on the forms; and
(c) forward without delay both copies to the division, which shall forward the F.B.I. copy to the Identification Division of the Federal Bureau of Investigation.
(2) If, after fingerprints have been taken in accordance with Subsection (1), the prosecutor declines to prosecute, or investigative action as described in Section 77-2-3 is terminated, the prosecutor or law enforcement agency shall notify the division of this action within 14 working days.
(3) At the preliminary hearing or arraignment of a felony case, the prosecutor shall ensure that each felony defendant has been fingerprinted and an arrest and fingerprint form is transmitted to the division. In felony cases where fingerprints have not been taken, the judge shall order the chief law enforcement officer of the jurisdiction or the sheriff of the county to:
(a) cause fingerprints of each felony defendant to be taken on forms provided by the division;
(b) supply information requested on the forms; and
(c) forward without delay both copies to the division.
(4) If an arrest is based upon information about the existence of a criminal warrant of arrest or commitment under Rule 6, Utah Rules of Criminal Procedure, every peace officer shall without delay notify the division of the service of each warrant of arrest or commitment, in a manner specified by the division.
Renumbered and Amended by Chapter 263, 1998 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 2 - Bureau of Criminal Identification › Section 208 - Definition -- Offenses included on statewide warrant system -- Transportation fee to be included -- Statewide warrant system responsibility -- Quality control -- Training -- Technical support -- Transaction costs.

Effective 5/5/2021
53-10-208.
Definition -- Offenses included on statewide warrant system -- Transportation fee to be included -- Statewide warrant system responsibility -- Quality control -- Training -- Technical support -- Transaction costs.
(1) "Statewide warrant system" means the portion of the state court computer system that is accessible by modem from the state mainframe computer and contains:
(a) records of criminal warrant information; and
(b) after notice and hearing, records of protective orders issued pursuant to:
(i)Title 77, Chapter 36, Cohabitant Abuse Procedures Act;
(ii)Title 78B, Chapter 7, Part 4, Dating Violence Protective Orders;
(iii)Title 78B, Chapter 7, Part 5, Sexual Violence Protective Orders;
(iv)Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders; or
(v)Title 78B, Chapter 7, Part 8, Criminal Protective Orders.
(2)
(a) The division shall include on the statewide warrant system all warrants issued for felony offenses and class A, B, and C misdemeanor offenses in the state.
(b) The division shall include on the statewide warrant system all warrants issued for failure to appear on a traffic citation as ordered by a magistrate under Subsection 77-7-19(3).
(c) For each warrant, the division shall indicate whether the magistrate ordered under Section 77-7-5 and Rule 6, Utah Rules of Criminal Procedure, that the accused appear in court.
(3) The division is the agency responsible for the statewide warrant system and shall:
(a) ensure quality control of all warrants of arrest or commitment and protective orders contained in the statewide warrant system by conducting regular validation checks with every clerk of a court responsible for entering the information on the system;
(b) upon the expiration of the protective orders and in the manner prescribed by the division, purge information regarding protective orders described in Subsection 53-10-208.1(1)(d) within 30 days of the time after expiration;
(c) establish system procedures and provide training to all criminal justice agencies having access to information contained on the state warrant system;
(d) provide technical support, program development, and systems maintenance for the operation of the system; and
(e) pay data processing and transaction costs for state, county, and city law enforcement agencies and criminal justice agencies having access to information contained on the state warrant system.
(4)
(a) Any data processing or transaction costs not funded by legislative appropriation shall be paid on a pro rata basis by all agencies using the system during the fiscal year.
(b) This Subsection (4) supersedes any conflicting provision in Subsection (3)(e).
Amended by Chapter 159, 2021 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 2 - Bureau of Criminal Identification › Section 208.1 - Magistrates and court clerks to supply information.

Effective 5/3/2023
53-10-208.1.
Magistrates and court clerks to supply information.
(1) Every magistrate or clerk of a court responsible for court records in this state shall, within 30 days after the day of the disposition and on forms and in the manner provided by the division, furnish the division with information pertaining to:
(a) all dispositions of criminal matters, including:
(i) guilty pleas;
(ii) convictions;
(iii) dismissals;
(iv) acquittals;
(v) pleas in abeyance;
(vi) judgments of not guilty by reason of insanity;
(vii) judgments of guilty with a mental condition;
(viii) finding of mental incompetence to stand trial; and
(ix) probations granted;
(b) orders of civil commitment under the terms of Section 26B-5-332;
(c) the issuance, recall, cancellation, or modification of all warrants of arrest or commitment as described in Rule 6, Utah Rules of Criminal Procedure and Section 78B-6-303, within one day of the action and in a manner provided by the division; and
(d) protective orders issued after notice and hearing, pursuant to:
(i)Title 77, Chapter 36, Cohabitant Abuse Procedures Act;
(ii)Title 78B, Chapter 7, Part 4, Dating Violence Protective Orders;
(iii)Title 78B, Chapter 7, Part 5, Sexual Violence Protective Orders;
(iv)Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders; or
(v)Title 78B, Chapter 7, Part 8, Criminal Protective Orders.
(2) When transmitting information on a criminal matter under Subsection (1)(a)(i), (ii), (v), or (vii) for a conviction of misdemeanor assault under Section 76-5-102, the magistrate or clerk of a court shall include available information regarding whether the conviction for assault resulted from an assault against an individual:
(a) who is included in at least one of the relationship categories described in Subsection 76-10-503(1)(b)(xi); or
(b) with whom none of the relationships described in Subsection 76-10-503(1)(b)(xi) apply.
(3) The court in the county where a determination or finding was made shall transmit a record of the determination or finding to the bureau no later than 48 hours after the determination is made, excluding Saturdays, Sundays, and legal holidays, if an individual is:
(a) adjudicated as a mental defective; or
(b) involuntarily committed to a mental institution in accordance with Subsection 26B-5-332(16).
(4) The record described in Subsection (3) shall include:
(a) an agency record identifier;
(b) the individual's name, sex, race, and date of birth; and
(c) the individual's social security number, government issued driver license or identification number, alien registration number, government passport number, state identification number, or FBI number.
Amended by Chapter 184, 2023 General Session
Amended by Chapter 328, 2023 General Session
Amended by Chapter 397, 2023 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 2 - Bureau of Criminal Identification › Section 209 - Penal institutions and state hospital to supply information.

53-10-209.
Penal institutions and state hospital to supply information.
(1) The warden of the state prison, keeper of any jail or correctional institution, and superintendent of the state hospital shall forward to the division:
(a) the fingerprints and recent photographs of all persons confined in each institution under criminal commitment;
(b) information relating to the parole, termination or expiration of sentence, or any other release of each person from confinement during the preceding month; and
(c) a photograph taken near the time of release.
(2) The adult probation and parole section of the Department of Corrections shall furnish to the division:
(a) information relating to the revocation or termination of probation or parole; and
(b) upon request, the names, fingerprints, photographs, and other data.
(3) The chair of the Board of Pardons and Parole shall provide to the division information regarding the issuance, recall, cancellation, or modification of any warrant issued by members of the Board of Pardons and Parole, under Section 77-27-11, within one day of issuance.
(4) Information provided to the division under this section shall be on forms designated by the division.
Renumbered and Amended by Chapter 263, 1998 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 2 - Bureau of Criminal Identification › Section 210 - Response for requests -- Fees.

53-10-210.
Response for requests -- Fees.
(1) In responding to requests for criminal background checks, the division shall make an earnest effort to provide the requested information within three weeks of receipt of a request.
(2) Fees and other payments received by the division in payment for criminal background check services shall be deposited in the General Fund and the Legislature shall make an annual appropriation for payment of personnel and other costs incurred in providing those services.
Renumbered and Amended by Chapter 263, 1998 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 2 - Bureau of Criminal Identification › Section 211 - Notice required of arrest of school employee for controlled substance or sex offense.

Effective 5/10/2016
53-10-211.
Notice required of arrest of school employee for controlled substance or sex offense.
(1) The chief administrative officer of the law enforcement agency making the arrest or receiving notice under Subsection (2) shall immediately notify:
(a) the State Board of Education; and
(b) the superintendent of schools of the employing public school district or, if the offender is an employee of a private school, the administrator of that school.
(2) Subsection (1) applies upon:
(a) the arrest of any school employee for any offense:
(i) in Section 58-37-8;
(ii) in Title 76, Chapter 5, Part 4, Sexual Offenses; or
(iii) involving sexual conduct; or
(b) upon receiving notice from any other jurisdiction that a school employee has committed an act which would, if committed in Utah, be an offense under Subsection (2)(a).
Amended by Chapter 144, 2016 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 2 - Bureau of Criminal Identification › Section 212 - Supplies and equipment for compliance by reporting agencies.

53-10-212.
Supplies and equipment for compliance by reporting agencies.
All governing boards or commissions of each city, town, county, or correctional institution of the state shall furnish the appropriate officials with supplies and equipment necessary to perform the duties prescribed in this part.
Renumbered and Amended by Chapter 263, 1998 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 2 - Bureau of Criminal Identification › Section 213 - Reporting requirements.

Effective 5/3/2023
53-10-213.
Reporting requirements.
(1) The bureau shall submit the record received from the court in accordance with Subsection 78B-7-603(5)(e) to the National Crime Information Center within 48 hours of receipt, excluding Saturdays, Sundays, and legal holidays.
(2) The bureau shall submit the record received from the court in accordance with Subsection 53-10-208.1(3) to the National Instant Criminal Background Check System within 48 hours of receipt, excluding Saturdays, Sundays, and legal holidays.
Amended by Chapter 397, 2023 General Session