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:
Terms Used In Utah Code 53-10-208.1
Arrest: Taking physical custody of a person by lawful authority.
Bureau: means the Bureau of Criminal Identification within the department, created in Section 53-10-201. See Utah Code 53-10-102
Conviction: A judgement of guilt against a criminal defendant.
Division: means the Criminal Investigations and Technical Services Division created in Section 53-10-103. See Utah Code 53-10-102
Mental defective: means an individual who, by a district court, as a result of marked subnormal intelligence, or mental illness, incompetency, condition, or disease, is found:
(a)
to be a danger to himself or herself or others;
(b)
to lack the mental capacity to contract or manage the individual's own affairs;
(c)
to be incompetent by a court in a criminal case; or
(d)
to be incompetent to stand trial or found not guilty by reason or lack of mental responsibility. See Utah Code 53-10-102
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
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(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:
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-5-322(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
