Terms Used In Utah Code > Title 53 > Chapter 6 - Peace Officer Standards and Training Act

• Addiction: means the unlawful or habitual use of alcohol or a controlled substance which endangers public health and safety. See Utah Code 53-6-102
• Adjudicative proceeding: means :Utah Code 68-3-12.5
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• 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.
• Allegation: something that someone says happened.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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.
• Arrest: Taking physical custody of a person by lawful authority.
• 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:

  (a)	an opinion question specifically authorized by the Legislature;

  (b)	a constitutional amendment;

  (c)	an initiative;

  (d)	a referendum;

  (e)	a bond proposition;

  (f)	a judicial retention question;

  (g)	an incorporation of a city or town; or

  (h)

  any other ballot question specifically authorized by the Legislature. See Utah Code 20A-1-102 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 Certified academy: means a peace officer training institution certified in accordance with the standards developed under Section 53-6-105. See Utah Code 53-6-102 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 appointed under Section 53-1-107. See Utah Code 53-1-102 Contract: A legal written agreement that becomes binding when signed. Conviction: A judgement of guilt against a criminal defendant. Conviction: means an adjudication of guilt regarding criminal conduct, including: (a)  a finding of guilt by a court or a jury; (b)  a guilty plea; (c)  a plea of nolo contendere; (d)  a plea which is held in abeyance pending the successful completion of: (i)  a probationary period; or (ii)  a diversion agreement; or (e)  a conviction which has been expunged or dismissed. See Utah Code 53-6-102 Council: means the Peace Officer Standards and Training Council created in Section 53-6-106. See Utah Code 53-6-102 Council: means the Peace Officer Standards and Training Council created in Section 53-6-106. See Utah Code 53-6-401 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Department: means the Department of Public Safety created in Section 53-1-103. See Utah Code 53-1-102 Director: means the director of the Peace Officer Standards and Training Division appointed under Section 53-6-104. See Utah Code 53-6-102 Dispatcher: means an employee of a public safety agency of the state or any of its political subdivisions and whose primary duties are to: (a)  (i)  receive calls for one or a combination of, emergency police, fire, and medical services, and to dispatch the appropriate personnel and equipment in response to the calls; and (ii)  in response to emergency calls, make urgent decisions affecting the life, health, and welfare of the public and public safety employees; or (b)  supervise dispatchers or direct a dispatch communication center. See Utah Code 53-6-102 Division: means the Peace Officer Standards and Training Division created in Section 53-6-103. See Utah Code 53-6-102 Donor: The person who makes a gift. 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 : (a)  the lieutenant governor, for all statewide ballots and elections; (b)  the county clerk for: (i)  a county ballot and election; and (ii)  a ballot and election as a provider election officer as provided in Section 20A-5-400. See Utah Code 20A-1-102 Election official: means any election officer, election judge, or poll worker. See Utah Code 20A-1-102 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. Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Highway: includes :Utah Code 68-3-12.5 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: (i)  (A)  the federal government, a state, or a political subdivision of a state; (B)  a state institution of higher education; or (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 (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 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 Mechanical ballot: means a record, including a paper record, electronic record, or mechanical record, that: (a)  is created via electronic or mechanical means; and (b)  records an individual voter's vote cast via a method other than an individual directly placing a mark, using a pen or other marking instrument, to record an individual voter's vote. 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. 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 Peace officer: means any officer certified in accordance with Title 53, Chapter 13, Peace Officer Classifications. See Utah Code 53-1-102 Person: means :Utah Code 68-3-12.5 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. 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 POST: means the division. See Utah Code 53-6-102 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Property: includes both real and personal property. See Utah Code 68-3-12.5 Provisional ballot: means a ballot voted provisionally by a person: (a)  whose name is not listed on the official register at the polling place; (b)  whose legal right to vote is challenged as provided in this title; or (c)  whose identity was not sufficiently established by a poll worker. See Utah Code 20A-1-102 Provisional ballot envelope: means an envelope printed in the form required by Section 20A-6-105 that is used to identify provisional ballots and to provide information to verify a person's legal right to vote. See Utah Code 20A-1-102 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 Qualifying canine certifying entity: means an entity that certifies law enforcement canines and law enforcement canine handlers in accordance with the standards developed under Section 53-6-403. See Utah Code 53-6-401 Quorum: The number of legislators that must be present to do business. Return envelope: means the envelope, described in Subsection 20A-3a-202(4), provided to a voter with a manual ballot: (a)  into which the voter places the manual ballot after the voter has voted the manual ballot in order to preserve the secrecy of the voter's vote; and (b)  that includes the voter affidavit and a place for the voter's signature. 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. Subpoena duces tecum: A command to a witness to produce documents. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Valid voter identification: means : (a)  a form of identification that bears the name and photograph of the voter which may include: (i)  a currently valid Utah driver license; (ii)  a currently valid identification card that is issued by: (A)  the state; or (B)  a branch, department, or agency of the United States; (iii)  a currently valid Utah permit to carry a concealed weapon; (iv)  a currently valid United States passport; or (v)  a currently valid United States military identification card; (b)  one of the following identification cards, whether or not the card includes a photograph of the voter: (i)  a valid tribal identification card; (ii)  a Bureau of Indian Affairs card; or (iii)  a tribal treaty card; or (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: (i)  a current utility bill or a legible copy thereof, dated within the 90 days before the election; (ii)  a bank or other financial account statement, or a legible copy thereof; (iii)  a certified birth certificate; (iv)  a valid social security card; (v)  a check issued by the state or the federal government or a legible copy thereof; (vi)  a paycheck from the voter's employer, or a legible copy thereof; (vii)  a currently valid Utah hunting or fishing license; (viii)  certified naturalization documentation; (ix)  a currently valid license issued by an authorized agency of the United States; (x)  a certified copy of court records showing the voter's adoption or name change; (xi)  a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card; (xii)  a currently valid identification card issued by: (A)  a local government within the state; (B)  an employer for an employee; or (C)  a college, university, technical school, or professional school located within the state; or (xiii)  a current Utah vehicle registration. See Utah Code 20A-1-102 Valid write-in candidate: means a candidate who has qualified as a write-in candidate by following the procedures and requirements of this title. See Utah Code 20A-1-102 Vote by mail: means to vote, using a manual ballot that is mailed to the voter, by: (a)  mailing the ballot to the location designated in the mailing; or (b)  depositing the ballot in a ballot drop box designated by the election officer. See Utah Code 20A-1-102 Voter: means an individual who: (a)  meets the requirements for voting in an election; (b)  meets the requirements of election registration; (c)  is registered to vote; and (d)  is listed in the official register book. See Utah Code 20A-1-102 Voting area: means the area within six feet of the voting booths, voting machines, and ballot box. See Utah Code 20A-1-102 Voting booth: means : (a)  the space or compartment within a polling place that is provided for the preparation of ballots, including the voting enclosure or curtain; or (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 3. 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 Write-in vote: means a vote cast for an individual, whose name is not printed on the ballot, in accordance with the procedures established in this title. See Utah Code 20A-1-102 Writing: includes :Utah Code 68-3-12.5