An
applicant for licensure under this chapter shall meet the following qualifications:
| (1) |
An applicant shall be:
Terms Used In Utah Code 53-11-108- 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.
- 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.
- Board: means the Bail Bond Recovery Licensure Board created under Section 53-11-104. See Utah Code 53-11-102
- Fraud: Intentional deception resulting in injury to another.
- 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.
- 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
- 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
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- 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
- 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
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
| (a) |
at least 21 years of age; |
| (b) |
a citizen or legal resident of the United States; and |
| (c) |
of good moral character. |
|
| (2) |
An applicant may not:
| (a) |
have been convicted of:
| (ii) |
any act involving illegally using, carrying, or possessing a dangerous weapon; |
| (iii) |
any act of personal violence or force on any person or convicted of threatening to commit any act of personal violence or force against another person; |
| (iv) |
any act constituting dishonesty or fraud; |
| (v) |
impersonating a peace officer; or |
| (vi) |
any act involving moral turpitude; |
|
| (b) |
be on probation, parole, community supervision, or named in an outstanding arrest warrant; or |
| (c) |
be employed as a peace officer. |
|
| (3) |
If previously or currently licensed in another state or jurisdiction, the applicant shall be in good standing within that state or jurisdiction. |
| (4) |
| (a) |
The applicant shall also have completed a training program of not less than 16 hours that is approved by the board and includes:
| (i) |
instruction on the duties and responsibilities of a licensee under this chapter, including:
| (A) |
search, seizure, and arrest procedure; |
| (B) |
pursuit, arrest, detainment, and transportation of a bail bond suspect; and |
| (C) |
specific duties and responsibilities regarding entering an occupied structure to carry out functions under this chapter; |
|
| (ii) |
the laws and rules relating to the bail bond business; |
| (iii) |
the rights of the accused; and |
|
| (b) |
The program may be completed after the licensure application is submitted, but shall be completed before a license may be issued under this chapter. |
|
| (5) |
If the applicant desires to carry a firearm as a licensee, the applicant shall:
| (a) |
successfully complete a course regarding the specified types of weapons he plans to carry. The course shall:
| (i) |
be not less than 16 hours; |
| (ii) |
be conducted by any national, state, or local firearms training organization approved by the Criminal Investigations and Technical Services Division created in Section 53-10-103; and |
| (iii) |
provide training regarding general familiarity with the types of firearms to be carried, including:
| (A) |
the safe loading, unloading, storage, and carrying of the types of firearms to be concealed; and |
| (B) |
current laws defining lawful use of a firearm by a private citizen, including lawful self-defense, use of deadly force, transportation, and concealment; and |
|
|
| (b) |
shall hold a valid license to carry a concealed weapon, issued under Section 53-5-704. |
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Amended by Chapter 21, 1999 General Session
