Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
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
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Division: means the Criminal Investigations and Technical Services Division created in Section 53-10-103. See Utah Code 53-10-102
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;
Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
(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
