Utah Code 77-38-502. Definitions

Superseded 7/1/2024)

Superseded 7/1/2024
77-38-502. Definitions.
As used in this part:

(1)

“Certifying entity” means any of the following:

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Terms Used In Utah Code 77-38-502

Certifying entity: means any of the following:

(a)	a law enforcement agency, as defined in Section 77-7a-103;

(b)

a prosecutor, as defined in Section 77-22-4. See Utah Code 77-38-502

Certifying official: means :

(a)	the head of the certifying entity;

(b)	a person in a supervisory role who has been specifically designated by the head of the certifying entity to issue Form I-918 Supplement B certifications on behalf of that agency;

(c)	a judge; or

(d)

any other certifying official defined under 8 C. See Utah Code 77-38-502

Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 77-38-502

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.

Person: means :Utah Code 68-3-12.5

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

(a)

a law enforcement agency, as defined in Section 77-7a-103;

(b)	a prosecutor, as defined in Section 77-22-4.5;

(c)	a court, as defined in Section 78A-1-101;

(d)	any other authority that has responsibility for the detection, investigation, or prosecution of a qualifying crime or criminal activity; and

(e)

an agency that has criminal detection or investigative jurisdiction in the agency’s respective areas of expertise, including:

(i)	the Division of Child and Family Services; and

(ii)	the Labor Commission.

(2)

“Certifying official” means:

(a)	the head of the certifying entity;

(b)	a person in a supervisory role who has been specifically designated by the head of the certifying entity to issue Form I-918 Supplement B certifications on behalf of that agency;

(c)	a judge; or

(d)	any other certifying official defined under 8 C.F.R. § 214.14.

(3)	“Commission” means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201.

(4)

(a)	“Qualifying criminal activity” means the same as that term is defined in 8 C.F.R. § 214.14.

(b)	“Qualifying criminal activity” includes criminal offenses for which the nature and elements of the offenses are substantially similar to the criminal activity described in Subsection (4)(a), and the attempt, conspiracy, or solicitation to commit any of those offenses.

Enacted by Chapter 112, 2020 General Session

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