Terms Used In Utah Code > Title 53 > Chapter 10 - Criminal Investigations and Technical Services Act

• Abduction of a child: means the taking, concealing, or detaining of a child without permission from an individual entitled to custody of the child. See Utah Code 53-10-1001
• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Administration of criminal justice: means performance of any of the following: detection, apprehension, detention, pretrial release, posttrial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. See Utah Code 53-10-102
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• 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.
• Alcoholic beverage: means the same as that term is defined in Section 32B-1-102. See Utah Code 53-10-102
• Alcoholic product: means the same as that term is defined in Section 32B-1-102. See Utah Code 53-10-102
• Allegation: something that someone says happened.
• Amber Alert: means an alert issued in accordance with America's Missing: Broadcast Emergency Response run by the bureau to assist a law enforcement agency in the recovery of an abducted child. See Utah Code 53-10-1001
• 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.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• 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.
• Automatic tabulating equipment: means apparatus that automatically examines and counts votes recorded on ballots and tabulates the results. See Utah Code 20A-1-102
• 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 Bureau: means the Bureau of Criminal Identification within the department, created in Section 53-10-201. See Utah Code 53-10-102 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 Child: means an individual under 18 years old. See Utah Code 53-10-1001 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Commission: means the Alcoholic Beverage Services Commission. See Utah Code 53-10-102 Commissioner: means the commissioner of public safety appointed under Section 53-1-107. See Utah Code 53-1-102 Communications services: means the technology of reception, relay, and transmission of information required by a public safety agency in the performance of the public safety agency's duty. See Utah Code 53-10-102 Contract: A legal written agreement that becomes binding when signed. Conviction: A judgement of guilt against a criminal defendant. Counting center: means one or more locations selected by the election officer in charge of the election for the automatic counting of ballots. See Utah Code 20A-1-102 Counting judge: means a poll worker designated to count the ballots during election day. See Utah Code 20A-1-102 Counting room: means a suitable and convenient private place or room for use by the poll workers and counting judges to count ballots. See Utah Code 20A-1-102 County legislative body: means :Utah Code 68-3-12.5 Criminal history record information: means information on an individual consisting of identifiable descriptions and notations of: (a)  arrests, detentions, indictments, informations, or other formal criminal charges, and any disposition arising from any of them; and (b)  sentencing, correctional supervision, and release. See Utah Code 53-10-102 Criminal justice agency: means a court or a government agency or subdivision of a government agency that administers criminal justice under a statute, executive order, or local ordinance and that allocates greater than 50% of its annual budget to the administration of criminal justice. See Utah Code 53-10-102 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Dementia: means a person has a form of cognitive decline that significantly affects the person's ability to make decisions and provide for health, safety, or self care. See Utah Code 53-10-702 Department: means the Department of Public Safety. See Utah Code 53-10-102 Dependent: A person dependent for support upon another. Director: means the division director appointed under Section 53-10-103. See Utah Code 53-10-102 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Division: means the Criminal Investigations and Technical Services Division created in Section 53-10-103. See Utah Code 53-10-102 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 judge: means a poll worker that is assigned to: (a)  preside over other poll workers at a polling place; (b)  act as the presiding election judge; or (c)  serve as a canvassing judge, counting judge, or receiving judge. 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 Endangered adult: means a person 60 years of age or older or a person under 60 years of age who has a form of dementia. See Utah Code 53-10-702 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. Executive order: means an order of the president of the United States or the chief executive of a state that has the force of law and that is published in a manner permitting regular public access to the order. See Utah Code 53-10-102 Filer: means an individual who files a written statement challenging another individual's right to vote as provided in Section 20A-3a-804. See Utah Code 20A-3a-802 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. Forensic: means dealing with the application of scientific knowledge relating to criminal evidence. See Utah Code 53-10-102 Fraud: Intentional deception resulting in injury to another. Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage, Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Guardian: includes a person who:Utah Code 68-3-12.5 Highway: includes :Utah Code 68-3-12.5 Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. 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 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 Missing person: means the same as that term is defined in Section 26B-8-130. See Utah Code 53-10-102 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 Motor vehicle: means every self-propelled vehicle and every vehicle propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except motorized wheel chairs and vehicles moved solely by human power. See Utah Code 53-1-102 Municipal legislative body: means : (a)  the council of the city or town in any form of municipal government; or (b)  the council of a metro township. See Utah Code 20A-1-102 Municipality: means a city, town, or metro township. See Utah Code 20A-1-102 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Official endorsement: means the information on the ballot that identifies: (a)  the ballot as an official ballot; (b)  the date of the election; and (c)  (i)  for a ballot prepared by an election officer other than a county clerk, the facsimile signature required by Subsection 20A-6-401(1)(a)(iii); or (ii)  for a ballot prepared by a county clerk, the words required by Subsection 20A-6-301(1)(b)(iii). See Utah Code 20A-1-102 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 Pathogens: means disease-causing agents. See Utah Code 53-10-102 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 Physical evidence: means something submitted to the bureau to determine the truth of a matter using scientific methods of analysis. See Utah Code 53-10-102 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. Political party: means an organization of registered voters that has qualified to participate in an election by meeting the requirements of Chapter 8, Political Party Formation and Procedures. See Utah Code 20A-1-102 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 Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial. Probable cause: A reasonable ground for belief that the offender violated a specific law. Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. 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 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. 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 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 entity: means a business, organization, or a governmental entity that employs persons or utilizes volunteers who deal with: (a)  national security interests; (b)  fiduciary trust over money; or (c)  the provision of care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or individuals with disabilities. See Utah Code 53-10-102 Runaway: means the same as that term is defined in Section 80-1-102. See Utah Code 53-10-1001 Spoiled ballot: means each ballot that: (a)  is spoiled by the voter; (b)  is unable to be voted because it was spoiled by the printer or a poll worker; or (c)  lacks the official endorsement. 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. 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 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Uphold: The decision of an appellate court not to reverse a lower court decision. Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5 Vehicle: means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Utah Code 53-1-102 Verdict: The decision of a petit jury or a judge. 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 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