53-10-102. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/3/2023

As used in this chapter:

(1)"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.

(2)"Alcoholic beverage" means the same as that term is defined in Section 32B-1-102 .

(3)"Alcoholic product" means the same as that term is defined in Section 32B-1-102 .

(4)"Bureau" means the Bureau of Criminal Identification within the department, created in Section 53-10-201 .

(5)"Commission" means the Alcoholic Beverage Services Commission.

(6)"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.

(7)"Conviction record" means criminal history information indicating a record of a criminal charge that has led to a declaration of guilt of an offense.

(8)"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.

(9)"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.

(10)"Criminalist" means the scientific discipline directed to the recognition, identification, individualization, and evaluation of physical evidence by application of the natural sciences in law-science matters.

(11)"Department" means the Department of Public Safety.

(12)"Director" means the division director appointed under Section 53-10-103 .

(13)"Division" means the Criminal Investigations and Technical Services Division created in Section 53-10-103 .

(14)"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.

(15)"Forensic" means dealing with the application of scientific knowledge relating to criminal evidence.

(16)"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.

(17)"Missing child" means an individual under 18 years old who is missing from the individual's home environment or a temporary placement facility for any reason and whose location cannot be determined by the person responsible for the individual's care.

(18)"Missing person" means the same as that term is defined in Section 26B-8-130 .

(19)"Pathogens" means disease-causing agents.

(20)"Physical evidence" means something submitted to the bureau to determine the truth of a matter using scientific methods of analysis.

(21)"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.

Amended by Chapter 328 , 2023 General Session