58-91-101. Definitions.

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

Effective 5/6/2026

In addition to the definitions in Section 58-1-102 , as used in this chapter:

(1)"Adequate records" means records containing, at a minimum, sufficient information to identify the client, the dates of service, the fee for service, the payments for service, the type of service given, and copies of any reports that may have been made.

(2)"Advertising" means the submission of bids, contracting or making known by any public notice, publication, or solicitation of business, directly or indirectly, that services regulated under this chapter are available for consideration.

(3)"Applicant" means a person who has submitted to the division a completed application and all required application and processing fees.

(4)"Apprentice constable" means an individual who:

(a)is licensed as an apprentice constable under this chapter; and

(b)performs one or more of the duties described in Section 58-91-301 under the supervision of a constable.

(5)"Board" means the Constables Licensing Board established in Section 58-91-201 .

(6)"Client" means a private individual or private entity that requests civil services from a licensed constable for pay.

(7)"Constable" means an individual who is licensed as a constable under this chapter and who performs one or more of the duties described in Section 58-91-301 .

(8)"Contracting governmental entity" means:

(a)a county that contracts with a constable as described in Title 17, Chapter 78, Part 6, Constables; or

(b)a city that contracts with a constable as described in Section 10-7-87 .

(9)"Conviction" means an adjudication of guilt by a federal, state, or local court resulting from a trial or plea, including a plea of no contest or nolo contendere, regardless of whether the imposition of sentence was suspended.

(10)"Deputy constable" means an individual who:

(a)is licensed as a deputy constable under this chapter; and

(b)performs one or more of the duties described in Section 58-91-301 at the direction of a constable.

(11)"Emergency action" means a summary suspension of a license issued under this chapter pending revocation, suspension, or probation, in order to protect the public health, safety, or welfare.

(12)"Identification card" means a personal pocket- or wallet-size card issued by the division to a licensee.

(13)"Law enforcement agency" means the same as that term is defined in Section 53-1-102 .

(14)"Licensee" means a person to whom a license is issued under this chapter.

(15)"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.

(16)"Peace officer" means the same as that term is defined in Section 53-1-102 .

(17)"Prisoner" means the same as that term is defined in Section 17-72-101 .

(18)"Special function officer" means the same as that term is defined in Section 53-13-105 .

(19)"Supervision" means the employing licensee is responsible for and authorizes the type and extent of work assigned to an employee or independent contractor.

(20)"Unlawful conduct" means the same as that term is defined in Sections 58-1-501 and 58-91-801 .

(21)"Unprofessional conduct" means the same as that term is defined in Sections 58-1-501 and 58-91-802 , and as may be further defined by the board by rule.

Enacted by Chapter 130 , 2026 General Session