58-93-101. Definitions.

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

Effective 9/1/2026

As used in this chapter:

(1)"Bail bond agency" means an entity licensed under this chapter that operates a business to carry out the functions of a bail enforcement agent or bail recovery agent, and to conduct this business, the entity:

(a)employs a qualifier;

(b)employs one or more persons licensed under this chapter for wages or salary, and withholds all legally required deductions and contributions; or

(c)contracts with a bail enforcement agent, bail recovery agent, or bail recovery apprentice on a part-time or case-by-case basis.

(2)"Bail enforcement agent" means an individual:

(a)licensed under this chapter as a bail enforcement agent to:

(i)enforce the terms and conditions of a defendant's release on bail in a civil or criminal proceeding;

(ii)apprehend a defendant or surrender a defendant to custody; or

(iii)conduct an act described in Subsection (2)(a)(i) or

(ii), as appropriate; and

(b)who:

(i)is appointed by a bail bond surety; and

(ii)receives or is promised consideration for the individual's service.

(3)"Bail enforcement professional" means a person licensed under this chapter.

(4)"Bail recovery agent" means an individual employed by a bail enforcement agent to assist the bail enforcement agent regarding civil or criminal defendants released on bail by:

(a)presenting a defendant for required court appearances;

(b)apprehending or surrendering a defendant to a court; or

(c)keeping the defendant under necessary surveillance.

(5)"Bail recovery apprentice" means an individual licensed under this chapter as a bail recovery apprentice who:

(a)is an employee of a licensed bail enforcement agent or bail recovery agent;

(b)is adequately supervised by rules the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

(c)may wear an article of clothing that conspicuously displays on the chest and the back of the article of clothing lettering that clearly identifies the licensee as a bail enforcement or recovery agent; and

(d)may not:

(i)advertise bail recovery services;

(ii)provide bail recovery services directly to a member of the public; or

(iii)employ or hire a bail enforcement agent, a bail recovery agent, or a bail recovery apprentice.

(6)"Board" means the Security Services Licensing Board created under Section 58-63-201 .

(7)"Control position" means an individual that exercises direct or indirect control over a business entity regardless of form.

(a)"Conviction" means an adjudication of guilt by a federal, state, or local court resulting from a trial or plea.

(b)"Conviction" includes the following, regardless of whether the imposition of sentence was suspended:

(i)a plea of no contest or nolo contendere;

(ii)a plea in abeyance; or

(iii)an Alford plea.

(9)"D.B.A." means the same as that term is defined in Section 42-2-101 .

(10)"Occupied structure" means a building, vehicle, or other structure that could reasonably be expected to house or shelter persons.

(11)"Qualifier" means an individual who:

(a)holds a control position of a licensee under this chapter;

(b)has satisfied the requirements to obtain a license under this chapter including possessing all necessary training and experience;

(c)meets any additional license requirements the division establishes by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and

(i)is collectively and individually liable with the licensee for compliance with this chapter; and

(ii)may be held fully responsible for a violation under this chapter, regardless of the liability of another person.

Enacted by Chapter 44 , 2026 General Session