Licensing Modifications

113
31A-35-102
31A-35-601
53-1-104
53-9-101
53-9-102
53-9-107
53-9-108
53-9-109
53-9-110
53-9-111
53-9-112
53-9-113
53-9-115
53-9-116
53-9-117
53-9-118
53-9-119
53-9-121
53-9-122
53-10-202.5
53-11-101
53-11-102
53-11-103
53-11-104
53-11-105
53-11-106
53-11-107
53-11-108
53-11-109
53-11-110
53-11-111
53-11-112
53-11-113
53-11-114
53-11-115
53-11-116
53-11-116.5
53-11-117
53-11-118
53-11-119
53-11-120
53-11-121
53-11-122
53-11-123
53-11-124
58-1-301.5
58-63-103
58-63-201
58-92-101
53-9-103
58-92-301
58-92-302
58-92-303
58-92-304
58-92-305
58-92-306
58-92-307
58-92-308
58-92-309
58-92-310
58-92-311
58-92-312
58-92-313
58-92-314
58-92-401
58-92-501
58-92-502
58-92-503
58-92-601
58-93-101
58-93-102
58-93-201
58-93-301
58-93-302
58-93-303
58-93-304
58-93-305
58-93-306
58-93-307
58-93-308
58-93-309
58-93-310
58-93-311
58-93-312
58-93-401
58-93-501
58-93-502
58-93-503
58-93-504
58-93-505
58-93-601
63I-1-253
76-5-106.5
76-12-305
77-20-503
78B-6-812
78B-8-302
78B-8-303
0
Licensing Modifications
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd Weiler
House Sponsor: Tyler Clancy
LONG TITLE
General Description:
This bill amends provisions relating to licensing.
Highlighted Provisions:
This bill:
repeals Title 53, Chapter 9, Private Investigator Regulation Act;
repeals Title 53, Chapter 11, Bail Bond Recovery Act;
enacts Title 58, Chapter 92, Private Investigation Licensing Act, and Title 58, Chapter 93,
Bail Bond Licensing Act;
defines terms;
provides that the Division of Professional Licensing (division) administers Title 58,
Chapter 92, Private Investigation Licensing Act, and Title 58, Chapter 93, Bail Bond
Licensing Act;
adds members to the Security Services Licensing Board;
provides license classifications and qualifications for licensure for a private investigator
agent, a private investigator apprentice, and a private investigator registrant;
provides the requirements for a private investigation agency;
provides general qualifications for licensure under Title 58, Chapter 92, Private
Investigation Licensing Act;
provides the licensing requirements for a private investigator apprentice, a private
investigator registrant, and a private investigator agent;
enacts requirements related to evidence of licensure under Title 58, Chapter 92, Private
Investigation Licensing Act, and Title 58, Chapter 93, Bail Bond Licensing Act;
provides that the division may establish operating standards for Title 58, Chapter 92,
Private Investigation Licensing Act;
provides that the division may establish grounds for the denial of a license and
disciplinary proceedings;
provides requirements for a private investigator agent establishing a private investigation
agency;
provides what constitutes unlawful conduct and unprofessional conduct under Title 58,
Chapter 92, Private Investigation Licensing Act, and Title 58, Chapter 93, Bail Bond
Licensing Act;
provides for penalties under Title 58, Chapter 92, Private Investigation Licensing Act,
and Title 58, Chapter 93, Bail Bond Licensing Act;
provides that the division may use money collected under Title 58, Chapter 93, Bail Bond
Licensing Act, for certain purposes;
provides that the division may appoint certain individuals to the Security Services
Licensing Board;
provides license classifications and qualifications for licensure for a bail bond agency, a
bail enforcement agent, a bail recovery agent, and a bail recovery apprentice;
provides general qualifications for licensure under Title 58, Chapter 93, Bail Bond
Licensing Act;
provides experience requirements for a bail bond agent and a bail recovery agent;
authorizes the division to adopt rules to exempt an applicant from certain training
requirements this bill enacts;
provides requirements for a bail bond enforcement agent or bail bond recovery agent to
maintain identification cards;
provides badge and clothing requirements for a licensee under Title 58, Chapter 93, Bail
Bond Licensing Act;
provides requirements for a bail enforcement agent, bail recovery agent, or bail recovery
apprentice when interacting with law enforcement or engaging in a search or
apprehension;
provides that the provisions this bill enacts supersede a contrary legislation, code, or
ordinance enacted by a political subdivision of this state;
amends provisions relating to a private investigator agent, a private investigator
registrant, or a private investigator apprentice serving process; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
31A-35-102
Effective
09/01/26
, as last amended by Laws of Utah 2016, Chapter 234
31A-35-601
Effective
09/01/26
, as last amended by Laws of Utah 2016, Chapter 234
53-1-104
Effective
09/01/26
, as last amended by Laws of Utah 2025, Chapter 208
53-10-202.5
Effective
09/01/26
, as last amended by Laws of Utah 2025, Chapter 208
58-1-301.5
Effective
09/01/26
, as last amended by Laws of Utah 2025, Chapter 236
58-63-103
Effective
09/01/26
, as last amended by Laws of Utah 2011, Chapters 303,
342
58-63-201
Effective
09/01/26
, as last amended by Laws of Utah 2013, Chapter 436
63I-1-253
Effective
09/01/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 9
76-5-106.5
Effective
09/01/26
, as last amended by Laws of Utah 2025, Chapters 173,
238
76-12-305
Effective
09/01/26
, as renumbered and amended by Laws of Utah 2025,
Chapter 173
77-20-503
Effective
09/01/26
, as renumbered and amended by Laws of Utah 2021,
Second Special Session, Chapter 4
78B-6-812
Effective
09/01/26
, as last amended by Laws of Utah 2025, Chapter 275
78B-8-302
Effective
09/01/26
, as last amended by Laws of Utah 2025, Chapter 291
78B-8-303
Effective
09/01/26
, as renumbered and amended by Laws of Utah 2008,
Chapter 3
ENACTS:
58-92-101
Effective
09/01/26
, Utah Code Annotated 1953
58-92-301
Effective
09/01/26
, Utah Code Annotated 1953
58-92-302
Effective
09/01/26
, Utah Code Annotated 1953
58-92-303
Effective
09/01/26
, Utah Code Annotated 1953
58-92-304
Effective
09/01/26
, Utah Code Annotated 1953
58-92-305
Effective
09/01/26
, Utah Code Annotated 1953
58-92-306
Effective
09/01/26
, Utah Code Annotated 1953
58-92-307
Effective
09/01/26
, Utah Code Annotated 1953
58-92-308
Effective
09/01/26
, Utah Code Annotated 1953
58-92-309
Effective
09/01/26
, Utah Code Annotated 1953
58-92-310
Effective
09/01/26
, Utah Code Annotated 1953
58-92-311
Effective
09/01/26
, Utah Code Annotated 1953
58-92-312
Effective
09/01/26
, Utah Code Annotated 1953
58-92-313
Effective
09/01/26
, Utah Code Annotated 1953
58-92-314
Effective
09/01/26
, Utah Code Annotated 1953
58-92-401
Effective
09/01/26
, Utah Code Annotated 1953
58-92-501
Effective
09/01/26
, Utah Code Annotated 1953
58-92-502
Effective
09/01/26
, Utah Code Annotated 1953
58-92-503
Effective
09/01/26
, Utah Code Annotated 1953
58-92-601
Effective
09/01/26
, Utah Code Annotated 1953
58-93-101
Effective
09/01/26
, Utah Code Annotated 1953
58-93-102
Effective
09/01/26
, Utah Code Annotated 1953
58-93-201
Effective
09/01/26
, Utah Code Annotated 1953
58-93-301
Effective
09/01/26
, Utah Code Annotated 1953
58-93-302
Effective
09/01/26
, Utah Code Annotated 1953
58-93-303
Effective
09/01/26
, Utah Code Annotated 1953
58-93-304
Effective
09/01/26
, Utah Code Annotated 1953
58-93-305
Effective
09/01/26
, Utah Code Annotated 1953
58-93-306
Effective
09/01/26
, Utah Code Annotated 1953
58-93-307
Effective
09/01/26
, Utah Code Annotated 1953
58-93-308
Effective
09/01/26
, Utah Code Annotated 1953
58-93-309
Effective
09/01/26
, Utah Code Annotated 1953
58-93-310
Effective
09/01/26
, Utah Code Annotated 1953
58-93-311
Effective
09/01/26
, Utah Code Annotated 1953
58-93-312
Effective
09/01/26
, Utah Code Annotated 1953
58-93-401
Effective
09/01/26
, Utah Code Annotated 1953
58-93-501
Effective
09/01/26
, Utah Code Annotated 1953
58-93-502
Effective
09/01/26
, Utah Code Annotated 1953
58-93-503
Effective
09/01/26
, Utah Code Annotated 1953
58-93-504
Effective
09/01/26
, Utah Code Annotated 1953
58-93-505
Effective
09/01/26
, Utah Code Annotated 1953
58-93-601
Effective
09/01/26
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
58-92-201
Effective
09/01/26
, (Renumbered from 53-9-103, as last amended by
Laws of Utah 2014, Chapter 378)
REPEALS:
53-9-101
Effective
09/01/26
, as enacted by Laws of Utah 1995, Chapter 314
53-9-102
Effective
09/01/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 9
53-9-107
Effective
09/01/26
, as last amended by Laws of Utah 2021, Chapter 211
53-9-108
Effective
09/01/26
, as last amended by Laws of Utah 2024, Chapter 194
53-9-109
Effective
09/01/26
, as last amended by Laws of Utah 2011, Chapter 432
53-9-110
Effective
09/01/26
, as last amended by Laws of Utah 2025, Chapter 359
53-9-111
Effective
09/01/26
, as last amended by Laws of Utah 2025, Chapter 359
53-9-112
Effective
09/01/26
, as last amended by Laws of Utah 2025, Chapters 302, 359
53-9-113
Effective
09/01/26
, as last amended by Laws of Utah 2011, Chapter 432
53-9-115
Effective
09/01/26
, as last amended by Laws of Utah 2025, Chapter 359
53-9-116
Effective
09/01/26
, as last amended by Laws of Utah 2025, Chapter 302
53-9-117
Effective
09/01/26
, as last amended by Laws of Utah 2025, Chapter 359
53-9-118
Effective
09/01/26
, as last amended by Laws of Utah 2025, Chapter 359
53-9-119
Effective
09/01/26
, as last amended by Laws of Utah 1998, Chapter 212
53-9-121
Effective
09/01/26
, as enacted by Laws of Utah 2013, First Special Session,
Chapters 3, 3
53-9-122
Effective
09/01/26
, as last amended by Laws of Utah 2025, Chapter 438
53-11-101
Effective
09/01/26
, as enacted by Laws of Utah 1998, Chapter 257
53-11-102
Effective
09/01/26
, as last amended by Laws of Utah 2024, Chapter 506
53-11-103
Effective
09/01/26
, as last amended by Laws of Utah 2008, Chapter 382
53-11-104
Effective
09/01/26
Repealed
07/01/29
, as last amended by Laws of Utah
2025, Chapter 359
53-11-105
Effective
09/01/26
, as last amended by Laws of Utah 2024, Chapter 506
53-11-106
Effective
09/01/26
, as last amended by Laws of Utah 2024, Chapter 506
53-11-107
Effective
09/01/26
, as last amended by Laws of Utah 2025, Chapter 302
53-11-108
Effective
09/01/26
, as last amended by Laws of Utah 2025, Chapters 208,
302
53-11-109
Effective
09/01/26
, as enacted by Laws of Utah 1998, Chapter 257
53-11-110
Effective
09/01/26
, as last amended by Laws of Utah 2015, Chapter 170
53-11-111
Effective
09/01/26
, as last amended by Laws of Utah 2025, Chapter 302
53-11-112
Effective
09/01/26
, as last amended by Laws of Utah 2014, Chapter 155
53-11-113
Effective
09/01/26
, as last amended by Laws of Utah 2015, Chapter 170
53-11-114
Effective
09/01/26
, as enacted by Laws of Utah 1998, Chapter 257
53-11-115
Effective
09/01/26
, as last amended by Laws of Utah 2018, Chapter 417
53-11-116
Effective
09/01/26
, as last amended by Laws of Utah 2025, Chapter 302
53-11-116.5
Effective
09/01/26
, as enacted by Laws of Utah 1999, Chapter 266
53-11-117
Effective
09/01/26
, as enacted by Laws of Utah 1998, Chapter 257
53-11-118
Effective
09/01/26
, as last amended by Laws of Utah 2008, Chapter 382
53-11-119
Effective
09/01/26
, as last amended by Laws of Utah 2008, Chapter 382
53-11-120
Effective
09/01/26
, as enacted by Laws of Utah 1998, Chapter 257
53-11-121
Effective
09/01/26
, as last amended by Laws of Utah 2013, Chapter 396
53-11-122
Effective
09/01/26
, as last amended by Laws of Utah 2025, Chapter 302
53-11-123
Effective
09/01/26
, as last amended by Laws of Utah 2025, Chapter 302
53-11-124
Effective
09/01/26
, as enacted by Laws of Utah 1998, Chapter 257
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
31A-35-102
is amended to read:
31A-35-102
Effective
09/01/26
. Definitions.
As used in this chapter:
(1)
"Bail bond" means a bail bond insurance product for a specified monetary amount that
is:
(a)
executed by a bail bond producer licensed in accordance with Section
31A-35-401
;
and
(b)
issued to a court, magistrate, or authorized officer to secure:
(i)
the release of a person from incarceration; and
(ii)
the appearance of the released person at court hearings the person is required to
attend.
(2)
"Bail bond agency" means any sole proprietor or entity that:
(a)
is licensed under Subsection
31A-35-404(1)
or
(2)
;
(b)
(i)
is the agent of a surety insurer that sells a bail bond in connection with judicial
proceedings;
(ii)
pledges the assets of a letter of credit from a Utah depository institution for a bail
bond in connection with judicial proceedings; or
(iii)
pledges personal or real property, or both, as security for a bail bond in
connection with judicial proceedings; and
(c)
receives or is promised money or other things of value for a service described in
Subsection
(2)(b)
.
(3)
"Bail bond producer" means an individual who:
(a)
is appointed by:
(i)
a surety insurer that sells bail bonds; or
(ii)
a bail bond agency licensed under this chapter;
(b)
is appointed to execute or countersign undertakings of bail in connection with
judicial proceedings; and
(c)
receives or is promised money or other things of value for engaging in an act
described in Subsection
(3)(b)
.
(4)
"Bail enforcement agent" means the same as that term is defined in Section
53-11-102
58-93-101
.
(5)
"Board" means the Bail Bond Oversight Board created in Section
31A-35-201
.
(6)
"Certificate" means a certificate of authority issued under this chapter to allow an
insurer to operate as a surety insurer.
(7)
"Indemnitor" means an entity or natural person that enters into an agreement with a bail
bond agency to hold the bail bond agency harmless from loss incurred as a result of
executing a bail bond.
(8)
"Liquid assets" means financial holdings that can be converted into cash in a timely
manner without the loss of principal.
(9)
"Premium" means the specified monetary amount used to purchase a bail bond.
(10)
"Principal" means a person that:
(a)
guarantees the performance of a bail bond; or
(b)
owns not less than 10% of the bail bond agency.
(11)
"Surety insurer" means an insurer that:
(a)
is licensed under
Chapter 4, Insurers in General
,
Chapter 5, Domestic Stock and
Mutual Insurance Corporations
, or
Chapter 14, Foreign Insurers
;
(b)
receives a certificate under this title; and
(c)
sells bail bonds in connection with judicial proceedings.
(12)
"Utah depository institution" means a depository institution, as defined in Section
7-1-103
, that:
(a)
has Utah as
its
the depository institution's
home state; or
(b)
operates a branch in Utah.
Section 2. Section
31A-35-601
is amended to read:
31A-35-601
Effective
09/01/26
. Acts of producer or agent.
(1)
The acts or conduct of any bail bond producer who acts within the scope of the authority
delegated to the producer by the bail bond agency or surety insurer are considered to be
the acts or conduct of the bail bond agency or surety insurer for which the bail bond
producer is acting as agent.
(2)
The acts or conduct of any bail bond agency that acts within the scope of the authority
delegated to the bail bond agency by the surety insurer are considered to be the acts or
conduct of the surety insurer.
(3)
(a)
Bail bond agencies and surety insurers are not liable for the actions of bail
enforcement agents, bail recovery agents, or bail recovery apprentices.
(b)
Bail enforcement agent, bail recovery agent, and bail recovery apprentice mean the
same as those terms are defined in Section
53-11-102
58-93-101
.
Section 3. Section
53-1-104
is amended to read:
53-1-104
Effective
09/01/26
. Boards, bureaus, councils, divisions, and offices.
(1)
The following are the policymaking boards and committees within the department:
(a)
the Trauma System and Emergency Medical Services Committee
,
created in Section
53-2d-104
;
(b)
the Air Ambulance Committee
,
created in Section
53-2d-107
;
(c)
the Driver License Medical Advisory Board, created in Section
53-3-303
;
(d)
the Concealed Firearm Review Board, created in Section
53-5a-302
;
(e)
the Utah Fire Prevention Board, created in Section
53-7-203
;
and
(f)
the Liquified Petroleum Gas Board, created in Section
53-7-304
; and
.
(g)
the Bail Bond Recovery and Private Investigator Licensure Board created in Section
53-11-104
.
(2)
The Peace Officer Standards and Training Council, created in Section
53-6-106
, is
within the department.
(3)
The following are the divisions within the department:
(a)
the Administrative Services Division, created in Section
53-1-203
;
(b)
the Management Information Services Division, created in Section
53-1-303
;
(c)
the Division of Emergency Management, created in Section
53-2a-103
;
(d)
the Driver License Division, created in Section
53-3-103
;
(e)
the Criminal Investigations and Technical Services Division, created in Section
53-10-103
;
(f)
the Peace Officer Standards and Training Division, created in Section
53-6-103
;
(g)
the State Fire Marshal Division, created in Section
53-7-103
; and
(h)
the Utah Highway Patrol Division, created in Section
53-8-103
.
(4)
The Office of Executive Protection is created in Section
53-1-112
.
(5)
The following are the bureaus within the department:
(a)
the Bureau of Emergency Medical Services, created in Section
53-2d-102
;
(b)
the Bureau of Criminal Identification, created in Section
53-10-201
;
(c)
the State Bureau of Investigation, created in Section
53-10-301
;
(d)
the Bureau of Forensic Services, created in Section
53-10-401
; and
(e)
the Bureau of Communications, created in Section
53-10-501
.
Section 4. Section
53-10-202.5
is amended to read:
53-10-202.5
Effective
09/01/26
. Bureau services -- Fees.
The bureau shall collect fees for the following services:
(1)
applicant fingerprint card as determined by Section
53-10-108
;
(2)
bail enforcement licensing as determined by Section
53-11-115
;
(3)
(2)
concealed firearm permit as determined by Section
53-5a-307
;
(4)
(3)
provisional concealed firearm permit as determined by Section
53-5a-308
;
(5)
(4)
a certificate of eligibility for expungement as described in Section
77-40a-304
;
(6)
(5)
firearm purchase background check as determined by Section
53-5a-602
;
(7)
(6)
name check as determined by Section
53-10-108
;
and
(8)
private investigator licensing as determined by Section
53-9-111
; and
(9)
(7)
right of access as determined by Section
53-10-108
.
Section 5. Section
58-1-301.5
is amended to read:
58-1-301.5
Effective
09/01/26
. Division access to Bureau of Criminal
Identification records. -- Criminal background check requirement.
(1)
As used in this section, "applicant" means an individual applying for licensure or
certification, or with respect to a license or certification, applying for renewal,
reinstatement, or relicensure or recertification, as required in:
(a)
Section
58-5a-302
;
(b)
Section
58-16a-302
;
(c)
Section
58-17b-303
;
(d)
Section
58-17b-304
;
(e)
Section
58-17b-305
;
(f)
Section
58-17b-306
;
(g)
Section
58-24b-302
;
(h)
Section
58-31b-302
;
(i)
Section
58-42a-302
;
(j)
Section
58-44a-302
;
(k)
Section
58-47b-302
;
(l)
Section
58-55-302
;
(m)
Section
58-47b-302.2
;
(n)
Section
58-60-205
;
(o)
Section
58-60-305
;
(p)
Section
58-60-405
;
(q)
Section
58-60-506
;
(r)
Section
58-61-304
;
(s)
Section
58-63-302
;
(t)
Section
58-64-302
;
(u)
Section
58-67-302
;
(v)
Section
58-68-302
;
(w)
Section
58-69-302
;
(x)
Section
58-70a-302
;
(y)
Section
58-70b-302
;
(z)
Section
58-71-302
;
or
(aa)
Section
58-73-302
.
;
(bb)
Section
58-92-302
; or
(cc)
Section
58-93-302
.
(2)
The division shall have direct access to local files maintained by the Bureau of Criminal
Identification under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification, for
background screening of an applicant.
(3)
The division's access to criminal background information under this section:
(a)
shall meet the requirements of Section
53-10-108
; and
(b)
includes:
(i)
convictions, pleas of nolo contendere, pleas of guilty or nolo contendere held in
abeyance, dismissed charges, and charges without a known disposition; and
(ii)
criminal background information maintained under Title 53, Chapter 10, Part 2,
Bureau of Criminal Identification.
(4)
The division may not disseminate outside of the division any criminal history record
information that the division obtains from the Bureau of Criminal Identification or the
Federal Bureau of Investigation under the criminal background check requirements of
this section.
(5)
To fulfill an applicable criminal background check requirement, an applicant shall:
(a)
submit fingerprints in a form acceptable to the division at the time the applicant files
a license application or a registration; and
(b)
consent to a fingerprint background check conducted by the Bureau of Criminal
Identification and the Federal Bureau of Investigation regarding the application.
(6)
(a)
Upon receiving fingerprints from an applicant in accordance with Subsection
(5)
,
the division shall:
(i)
collect from each applicant submitting fingerprints in accordance with this section:
(A)
the fee that the Bureau of Criminal Identification is authorized to collect for
the services provided under Section
53-10-108
; and
(B)
the fee charged by the Federal Bureau of Investigation for fingerprint
processing for the purpose of obtaining federal criminal history record
information;
(ii)
submit from each applicant the fingerprints and the fees described in Subsection
(6)(a)(i)
to the Bureau of Criminal Identification; and
(iii)
obtain and retain in division records a signed waiver approved by the Bureau of
Criminal Identification in accordance with Section
53-10-108
for each applicant.
(b)
The fees described in Subsection
(6)(a)(i)
are in addition to other fees authorized by
this chapter.
(7)
In accordance with the requirements of Section
53-10-108
, the Bureau of Criminal
Identification shall:
(a)
check the fingerprints submitted under Subsection
(5)(a)
against the applicable state
and regional criminal records databases;
(b)
forward the fingerprints to the Federal Bureau of Investigation for a national criminal
history background check; and
(c)
provide the results from the state, regional, and nationwide criminal history
background checks to the division.
(8)
(a)
(i)
Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, if the
criminal background check required under this section demonstrates, after the
applicant is licensed or registered, that the applicant failed to accurately disclose a
criminal history, the division may provide notice to the applicant that the license
or registration is immediately and automatically revoked.
(ii)
If a massage establishment owner has a criminal conviction or pending criminal
charges for any crime under Title 76, Chapter 5, Part 4, Sexual Offenses, or any
crime listed by rule made by the division in collaboration with the board in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division shall deny an application for registration of a massage establishment.
(b)
(i)
An individual whose license has been revoked in accordance with Subsection
(8)(a)
is entitled to a hearing to challenge the revocation.
(ii)
A registered massage establishment for which the registration has been revoked
in accordance with Subsection
(8)(a)
is entitled to a hearing to challenge the
revocation.
(c)
The division shall conduct the hearing described in this Subsection
(8)
in accordance
with Title 63G, Chapter 4, Administrative Procedures Act.
Section 6. Section
58-63-103
is amended to read:
58-63-103
Effective
09/01/26
. Use of money for education, training, and
enforcement.
The director may, with the concurrence of the board, use the money collected under
Section
58-63-503
,
58-92-503
, or
58-93-503
for the following purposes:
(1)
educating and training licensees under this chapter
, Chapter 92, Private Investigation
Licensing Act, and Chapter 93, Bail Bond Licensing Act
;
(2)
educating and training the general public or other interested persons in matters
concerning the laws that govern the practices licensed under this chapter
, Chapter 92,
Private Investigation Licensing Act, and Chapter 93, Bail Bond Licensing Act
; and
(3)
enforcing this chapter
, Chapter 92, Private Investigation Licensing Act, and Chapter 93,
Bail Bond Licensing Act
by:
(a)
investigating unprofessional or unlawful conduct; and
(b)
providing legal representation to the division when
it
the division
takes legal action
against a person charged with unprofessional or unlawful conduct.
Section 7. Section
58-63-201
is amended to read:
58-63-201
Effective
09/01/26
. Board -- Duties.
(1)
There is created the Security Services Licensing Board consisting of:
(a)
two individuals who are officers or owners of a licensed contract security company;
(b)
one individual who is an officer or owner of a licensed armored car company;
(c)
one individual from among nominees of the Utah Sheriffs' Association;
(d)
one individual from among nominees of the Utah Chiefs of Police Association;
and
(e)
one individual who is licensed under Chapter 92, Private Investigation Licensing Act;
(f)
one individual who is an owner of a private investigation agency; and
(e)
(g)
two individuals representing the general public.
(2)
(a)
The executive director shall appoint board members in accordance with Section
58-1-201
.
(b)
A board member serves in accordance with Section
58-1-201
.
(3)
(a)
The board shall carry out
its
the board's
duties and responsibilities in accordance
with Sections
58-1-202
and
58-1-203
.
(b)
The board shall designate one of
its
the board's
members on a permanent or rotating
basis to:
(i)
assist the division in reviewing a complaint concerning the unlawful or
unprofessional conduct of a person licensed under this chapter; and
(ii)
advise the division in
its
the board's
investigation of the complaint.
(4)
A board member who, under Subsection
(3)
, has reviewed a complaint or advised in
its
the board's
investigation is disqualified from participating with the board when the board
serves as a presiding officer in an adjudicative proceeding concerning the complaint.
Section 8. Section
58-92-101
is enacted to read:
92. Private Investigation Licensing Act
1. General Provisions
58-92-101
Effective
09/01/26
. Definitions.
As used in this chapter:
(1)
"Board" means the Security Services Licensing Board created in Section
58-63-201
.
(2)
(a)
"Conviction" means an adjudication of guilt by a federal, state, or local court
resulting from trial or plea.
(b)
"Conviction" includes the following, regardless of whether the imposition of a
sentence was suspended:
(i)
a plea of no contest;
(ii)
a plea in abeyance; or
(iii)
an Alford plea.
(3)
"D.B.A." means the same as that term is defined in Section
42-2-101
.
(4)
"DOD civilian" means the same as that term is defined in Section
53H-11-202
.
(5)
(a)
"Private investigation" means engaging in business or accepting employment to
conduct an investigation for the purpose of obtaining information about:
(i)
crime, wrongful acts, or threats against the United States or a state or territory of
the United States;
(ii)
the identity, reputation, character, habits, conduct, business occupation, honesty,
integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity,
movements, whereabouts, affiliations, associations, or transactions of an
individual or group of individuals;
(iii)
the credibility of witnesses or other individuals;
(iv)
the whereabouts of a missing person or the owner of abandoned property;
(v)
the causes and origin of, or responsibility for:
(A)
a fire;
(B)
libel;
(C)
slander;
(D)
a loss;
(E)
an accident; or
(F)
damage or an injury to real or personal property;
(vi)
the business of securing evidence to be used:
(A)
before investigating committees or boards; or
(B)
in a civil trial or criminal trial and in the preparation for the civil trial or
criminal trial;
(vii)
the prevention, detection, and removal of installed devices for eavesdropping or
observation;
(viii)
the business of "skip tracing" a person that has become delinquent in the
person's lawful debts, either when hired by an individual, collection agency, or
through the direct purchase of the debt from a financial institution or entity
owning the debt or judgment; or
(ix)
serving civil process.
(b)
"Private investigation" does not include:
(i)
a person engaging in activities that are exempt under Section
58-92-306
;
(ii)
a person operating as a collection agency;
(iii)
a person operating as a credit reporting agency;
(iv)
a person or an employee conducting an investigation on the person's or
employee's behalf or on behalf of an employer if the employer is not a private
investigator under this chapter;
(v)
an employee of an attorney licensed to practice law in this state; or
(vi)
a currently licensed certified public accountant as that term is defined in Section
58-26a-102
.
(6)
(a)
"Private investigation agency" means an entity:
(i)
under the control of a private investigator agent; and
(ii)
created by a private investigator agent to manage the private investigator agent's
or the private investigator agent's employee's clients and cases.
(b)
"Private investigation agency" includes an entity that contracts with or employs a
private investigator agent, a private investigator registrant, or a private investigator
apprentice.
(7)
"Private investigator agent" means an individual that holds a private investigator agent
license under Section
58-92-303
.
(8)
"Private investigator apprentice" means an individual who holds a private investigator
apprentice license under Section
58-92-305
.
(9)
"Private investigator registrant" means an individual who holds a private investigator
registrant license under Section
58-92-304
.
Section 9. Section
58-92-201
, which is renumbered from Section 53-9-103 is renumbered
and amended to read:
2. Board
53-9-103
58-92-201
Effective
09/01/26
. Division to administer -- Division to
issue licenses -- Records -- Bonds -- Rulemaking.
(1)
The commissioner
On or after May 6, 2026, the division
shall administer this chapter.
(2)
(a)
The
bureau, acting at the direction of the commissioner,
division
shall issue a
private investigator
license to an applicant
whom the board finds
who
meets the
qualifications for licensure under this chapter.
(b)
The bureau shall issue a license to an apprentice applicant who meets the
qualifications for licensure under this chapter within five business days of receipt of
the application.
(c)
(b)
The
bureau
division
shall notify each licensee under this chapter when a
licensee's license is due for renewal in accordance with procedures
established by
rule
the division establishes by rule
.
(3)
(a)
The
bureau
division
shall keep records of:
(i)
all applications for licenses under this chapter; and
(ii)
all bonds and proof of certificates of liability and workers' compensation
insurance required to be filed.
(b)
The
records
division
shall include
in the record described in Subsection
(3)(a)

statements as to whether
the division has issued
a license or renewal license
has
been issued
for each application.
(4)
If a license is revoked, suspended, canceled, or denied or if a licensee is placed on
probation, the date of filing the order for revocation, suspension, cancellation, denial, or
probation shall be included in the records.
If the division revokes, suspends, or denies a
license, the division shall include the date of filing the order for revocation, suspension,
or denial in the records.
(5)
The
bureau
division
shall maintain:
(a)
a list of all licensees whose license
has been revoked, suspended, placed on
probation, or canceled
the division revokes, suspends, or denies
;
and
(b)
a written record of complaints filed against licensees
.
; and
(c)
records of board actions.
(6)
In accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, the
commissioner
division
may make rules governing the administration of the provisions of
this chapter.
Section 10. Section
58-92-301
is enacted to read:
3. Licensing
58-92-301
Effective
09/01/26
. Licensure required -- License classifications.
(1)
Except as otherwise provided in this chapter, a license is required to engage in an act
regulated under this chapter.
(2)
The division shall issue to a person that qualifies under this chapter, a license in the
following classifications:
(a)
private investigator agent;
(b)
private investigator registrant; or
(c)
private investigator apprentice.
Section 11. Section
58-92-302
is enacted to read:
58-92-302
Effective
09/01/26
. General qualifications for licensure.
An applicant for licensure for a private investigator license, private investigator
registrant, or private investigator apprentice under this chapter:
(1)
shall:
(a)
except for an applicant for a private investigator apprentice license, be at least 21
years old;
(b)
be a citizen or legal resident of the United States;
(c)
provide the applicant's name, address, date of birth, social security number, and
fingerprints to the division;
(d)
disclose any criminal history the division requests on a form the division approves;
(e)
consent to, and complete, a criminal background check, described in Section
58-1-301.5
;
(f)
meet any other standard related to the criminal background check described in
Section
58-1-301.5
, that the division establishes by rule in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act; and
(g)
if currently licensed in another state or jurisdiction, be in good standing within that
state or jurisdiction; and
(2)
may not:
(a)
have been convicted of:
(i)
a felony;
(ii)
any act involving illegally using, carrying, or possessing a dangerous weapon;
(iii)
an act of personal violence or force on another person;
(iv)
threatening to commit an act of personal violence or force against another person;
(v)
an act constituting dishonesty or fraud;
(vi)
impersonating a peace officer; or
(vii)
an act that, when considered with the functions and duties imposed by this title,
bears a substantial relationship to the individual's ability to safely or competently
perform the duties required under this chapter or indicates that the best interests of
the public are not served by granting the applicant a license;
(b)
be on probation, parole, community supervision, or named in an outstanding arrest
warrant; or
(c)
have been previously found or presently be in violation of this chapter.
Section 12. Section
58-92-303
is enacted to read:
58-92-303
Effective
09/01/26
. Private investigator agent -- Qualifications for
licensure -- Scope of license.
(1)
In addition to the requirements of Section
58-92-302
, an applicant for licensure as a
private investigator agent shall:
(a)
submit an application in a form the division approves;
(b)
pay a fee determined by the department under Section
63J-1-504
;
(c)
provide proof to the division that the applicant meets each examination and
experience requirement for a private investigator agent under Sections
58-92-307
and
58-92-308
;
(d)
file and maintain with the division evidence of a surety bond:
(i)
in the amount the division establishes by rule in collaboration with the board and
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(ii)
that shall remain in effect throughout the applicant's entire licensing period; and
(iii)
that provides that the issuer of the surety bond shall notify the division if the
bond is cancelled or expired; and
(e)
provide the division any other information the division requires by rule in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(2)
A private investigator agent may:
(a)
engage in private investigation independently if the private investigator agent creates
a private investigation agency and receives a private investigation agency license in
accordance with Section
58-92-311
;
(b)
if the private investigator agent creates a private investigation agency and receives a
private investigation agency license, supervise and employ a private investigator
agent, a private investigator registrant, or a private investigator apprentice under the
private investigation agency; and
(c)
engage in private investigation:
(i)
as the employee of a private investigator agent with a valid and current license; or
(ii)
while under contract and supervision of a private investigator agent with a valid
and current license.
(3)
A private investigator agent may not supervise or employ a private investigator agent, a
private investigator registrant, or a private investigator apprentice unless the private
investigator agent creates a private investigation agency and receives a private
investigation agency license.
(4)
The division may further define the scope of the private investigator agent license by
rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Section 13. Section
58-92-304
is enacted to read:
58-92-304
Effective
09/01/26
. Private investigator registrant -- Qualifications
for licensure -- Scope of license.
(1)
In addition to the requirements of Section
58-92-302
, an applicant for licensure as a
private investigator registrant shall:
(a)
submit an application in a form the division approves;
(b)
pay a fee determined by the department under Section
63J-1-504
;
(c)
provide proof to the division that the applicant meets the experience requirement for
a private investigator registrant under Section
58-92-307
;
(d)
file and maintain with the division evidence of a surety bond:
(i)
in the amount the division establishes by rule in collaboration with the board and
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(ii)
that shall remain in effect throughout the applicant's entire licensing period; and
(iii)
that provides that the issuer of the surety bond shall notify the division if the
bond is cancelled or expired; and
(e)
provide the division any other information required by division rule in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(2)
A private investigator registrant may engage in private investigation only:
(a)
as the employee of a private investigator agent who:
(i)
creates a private investigation agency and receives a private investigation agency
license; and
(ii)
maintains a valid and current private investigator agent license; or
(b)
while under contract and supervision of a private investigator agent who:
(i)
creates a private investigation agency and receives a private investigation agency
license; and
(ii)
maintains a valid and current private investigator agent license.
(3)
The division may further define the scope of the private investigator registrant license
by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Section 14. Section
58-92-305
is enacted to read:
58-92-305
Effective
09/01/26
. Private investigator apprentice -- Qualifications
for licensure -- Scope of license.
(1)
In addition to the requirements of Section
58-92-302
, an applicant for licensure as a
private investigator apprentice shall:
(a)
be at least 18 years old;
(b)
submit an application in a form the division approves;
(c)
pay a fee determined by the department under Section
63J-1-504
; and
(d)
provide the division any other information the division requires by rule in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(2)
A private investigator apprentice may engage in private investigation only:
(a)
as the employee of a private investigator agent who:
(i)
creates a private investigation agency and receives a private investigation agency
license; and
(ii)
maintains a valid and current private investigator agent license; or
(b)
while under contract and supervision of a private investigator agent who:
(i)
creates a private investigation agency and receives a private investigation agency
license; and
(ii)
maintains a valid and current private investigator agent license.
(3)
The division may further define the scope of the private investigator apprentice license
by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Section 15. Section
58-92-306
is enacted to read:
58-92-306
Effective
09/01/26
. Exemptions from licensure.
In addition to the exemptions from licensure in Section
58-1-307
, an individual may
engage in an act regulated by this chapter without being licensed under this chapter if the
individual is an individual serving in the armed forces of the United States, the United States
Public Health Service, the United States Department of Veterans Affairs, or any other federal
agency while engaged in activities regulated under this title as a part of employment with that
federal agency if the individual holds a valid license to practice the regulated occupation or
profession issued by any other state or jurisdiction recognized by the department.
Section 16. Section
58-92-307
is enacted to read:
58-92-307
Effective
09/01/26
. Experience requirements.
(1)
In addition to the requirements of Sections
58-92-303
and
58-92-304
an applicant for:
(a)
a private investigator agent license shall demonstrate in a form the division approves
a minimum of 5,000 hours of investigative experience; and
(b)
a private investigator registrant license shall demonstrate in a form the division
approves a minimum of 2,000 hours of investigative experience.
(2)
An applicant for a private investigator apprentice is not required to demonstrate any
hours of investigative experience.
(3)
An applicant may obtain the hours of investigative experience required under
Subsection
(1)
as:
(a)
a licensed private investigator registrant or private investigator apprentice;
(b)
an investigator in the private sector;
(c)
an investigator for an agency or branch of the federal government; or
(d)
an investigator for the state, county, or municipal government.
(4)
At least 1,000 hours of the investigative experience required under Subsection
(1)(b)

shall have been performed in the 10 years before the day on which the applicant submits
an application for licensure.
(5)
If an applicant is unable to supply written certification of experience from an employer
in whole or in part, an applicant may offer written certification from a person other than
an employer covering the same subject matter for consideration by the division.
(6)
The burden of proving completion of the required experience is on the applicant and the
division may verify or reject any part of an applicant's certification under a rule the
division makes in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act.
Section 17. Section
58-92-308
is enacted to read:
58-92-308
Effective
09/01/26
. Examination requirements.
An applicant for a new private investigator agent license shall successfully pass an
examination the division establishes by rule in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
Section 18. Section
58-92-309
is enacted to read:
58-92-309
Effective
09/01/26
. Continuing education.
(1)
On or after May 6, 2027, before renewing a license under this chapter, a licensee shall
complete at least 16 hours of continuing instruction that the division defines by rule in
collaboration with the board in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
(2)
The division may charge a fee for approving an applicant's out-of-state continuing
education for the time the division spends determining the out-of-state continuing
education's similarity to the continuing instruction the division defines by rule in
Subsection
(1)
.
Section 19. Section
58-92-310
is enacted to read:
58-92-310
Effective
09/01/26
. Qualification credit for specified training.
In collaboration with the board, the division may adopt rules in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act, that exempt an applicant from meeting
all or a portion of the experience requirements of Section
58-92-307
for licensure if the
applicant:
(1)
holds a criminal justice bachelor's degree from an accredited college or university;
(2)
is certified to have successfully completed the state Peace Officers Standards and
Training basic training course provided under Section
53-6-202
; or
(3)
provides adequate proof of having successfully completed a training or experience
substantially similar to the training and experience required under this chapter.
Section 20. Section
58-92-311
is enacted to read:
58-92-311
Effective
09/01/26
. Private investigation agency -- Licensure --
Requirements.
(1)
A private investigator agent may create a private investigation agency that complies
with the requirements of this section.
(2)
If a private investigator agent creates a private investigation agency:
(a)
the private investigation agency may not transfer to another private investigator
agent;
(b)
the private investigation agency is considered to be under the control of the private
investigator agent; and
(c)
the private investigator agent shall file an application with the division for a private
investigation agency license.
(3)
When applying for a private investigation agency license, a private investigator agent
shall:
(a)
state in the application that the private investigator agent:
(i)
is licensed and in good standing as a private investigator agent under this chapter;
(ii)
is not involved in an activity that would conflict with the private investigator
agent's duties and responsibilities under this chapter; and
(iii)
is not an employee of a government agency; and
(b)
file with the application evidence of:
(i)
registration with the Division of Corporations and Commercial Code and as
required by applicable law with the:
(A)
Unemployment Insurance Division in the Department of Workforce Services,
in accordance with Title 35A, Chapter 4, Employment Security Act;
(B)
State Tax Commission; and
(C)
Internal Revenue Service; and
(ii)
comprehensive general liability insurance in a form and in an amount the division
establishes by rule in collaboration with the board and in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act; and
(iii)
workers' compensation insurance that covers any employee of the applicant in
accordance with applicable laws of this state.
(4)
(a)
The division shall issue a private investigation agency license to a private
investigator agent that meets the requirements of this section.
(b)
A private investigation agency license the division issues under this Subsection
(4)
:
(i)
may not transfer from the private investigator agent that receives the private
investigation agency license to another private investigator agent; and
(ii)
expires on the day on which the private investigator agent's license expires.
(5)
On or after the day on which the division issues the private investigator agent a private
investigation agency license, the private investigator agent:
(a)
may:
(i)
employ or contract with a private investigator agent, a private investigator
registrant, or private investigator apprentice to engage in private investigation; and
(ii)
employ other employees as necessary to carry out the private investigator agent's
business; and
(b)
shall meet with the division and the board, if requested, and demonstrate that the
private investigator agent's private investigation agency meets the requirements of
this section.
Section 21. Section
58-92-312
is enacted to read:
58-92-312
Effective
09/01/26
. Evidence of licensure -- Identity cards.
(1)
When the division issues a license under this chapter, the division shall:
(a)
issue an identification card, the design of which the division shall approve by rule in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(b)
indicate on the identification card's face that the holder is licensed to act as a private
investigator agent, a private investigator registrant, or a private investigator
apprentice.
(2)
The division shall issue the identification card without charge to the licensee.
(3)
Within five days after the day on which a license terminates for any reason, the licensee
shall mail or deliver a card issued under Subsection
(1)
to the division for cancellation.
(4)
A licensee shall carry the identification card issued under Subsection
(1)
while engaging
in work regulated under this chapter.
(5)
A licensee shall display the license upon the request of a peace officer or a
representative of the division.
(6)
Upon request by a person on whose property a licensee engaging in activities governed
by this chapter, or a person acting under the authority of a person on whose property the
licensee engages in activities governed by this chapter, if the licensee is employed by or
contracted with a private investigation agency the licensee shall immediately identify:
(a)
the private investigation agency's name; and
(b)
the name and phone number of the private investigator agent in control of the private
investigation agency.
Section 22. Section
58-92-313
is enacted to read:
58-92-313
Effective
09/01/26
. Operating standards -- Rulemaking.
The division, in collaboration with the board, shall establish by rule in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act, operating standards that shall
apply to the conduct of a licensee under this chapter, including rules relating to use of
uniforms, badges, insignia, designations, and representations used by or associated with a
licensee's practice under this chapter.
Section 23. Section
58-92-314
is enacted to read:
58-92-314
Effective
09/01/26
. Status of license held on effective date of this
chapter.
On or after September 1, 2026, a person that holds a valid license under Title 53,
Chapter 9, Private Investigator Regulation Act:
(1)
is subject to the following:
(a)
if the license the person holds on September 1, 2026, is an agency license under Title
53, Chapter 9, Private Investigator Regulation Act:
(i)
if the person is an entity, the person is considered to have a private investigation
agency license under this chapter; or
(ii)
if the person is an individual, the person is considered to have a private
investigator agent license under this chapter;
(b)
if the license the person holds on September 1, 2026, is a registrant license under
Title 53, Chapter 9, Private Investigator Regulation Act, the person is considered to
have a private investigator registrant license under this chapter; and
(c)
if the license the person holds on September 1, 2026, is an apprentice license under
Title 53, Chapter 9, Private Investigator Regulation Act, the person is considered to
have a private investigator apprentice license under this chapter; and
(2)
is subject to this chapter.
Section 24. Section
58-92-401
is enacted to read:
4. License Denial and Discipline
58-92-401
Effective
09/01/26
. Grounds for denial of license -- Disciplinary
proceedings.
Grounds for refusing to issue a license to an applicant, for refusing to renew the license
of a licensee, for revoking, suspending, restricting, or placing on probation the license of a
licensee, for issuing a public or private reprimand to a licensee, and for issuing a cease and
desist order shall be in accordance with Section
58-1-401
.
Section 25. Section
58-92-501
is enacted to read:
5. Unlawful Conduct -- Unprofessional Conduct -- Penalties
58-92-501
Effective
09/01/26
. Unlawful conduct.
Unlawful conduct under this chapter includes:
(1)
a licensee employing the services of an unlicensed person to perform work requiring a
license under this chapter;
(2)
an attempt to secure a license under this chapter through fraudulent or misleading
means, including by:
(a)
omission of material facts or evidence;
(b)
filing with the division fingerprint cards for an applicant that are not the fingerprint
cards of the applicant; or
(c)
making a statement verbally or in written form that is false or fraudulent and
intended to mislead the division in the division's consideration of the qualifications of
the applicant for licensure;
(3)
practicing or engaging in, or attempting to practice or engage in, an activity for which a
license is required under this chapter, unless the individual:
(a)
holds the appropriate license under this chapter; or
(b)
is exempted from licensure as provided under Section
58-92-306
;
(4)
employing another person to engage in or practice, or attempt to engage in or practice,
an occupation or profession licensed under this chapter, if the employee:
(a)
is not licensed to do so under this chapter; or
(b)
is not exempt from licensure;
(5)
impersonating, permitting, or aiding and abetting an employee to impersonate a law
enforcement officer or employee of the United States, a state, or a political subdivision
of a state; and
(6)
violating, advising, encouraging, or assisting in the violation of a statute, a court order,
or an injunction when engaging in conduct regulated under this chapter.
Section 26. Section
58-92-502
is enacted to read:
58-92-502
Effective
09/01/26
. Unprofessional conduct.
Unprofessional conduct under this chapter includes:
(1)
the use of any letterhead, advertising, or other printed matter in a manner representing
that the licensee is an instrumentality of the federal government, a state, or a political
subdivision of a state;
(2)
the use of a name different from that under which the licensee is currently licensed for
an advertisement, a solicitation, or a contract to secure business unless the name is
authorized and registered as a D.B.A. with the Division of Corporations and
Commercial Code;
(3)
tampering with or falsifying fingerprints, photographs, or other evidence while
operating under this chapter;
(4)
soliciting business for an attorney in return for compensation;
(5)
willfully neglecting to render to a client services or a report as agreed between the
licensee and client and for which the client pays or tenders compensation in accordance
with the agreement of the licensee and client unless the licensee chooses to withdraw
from the case and returns the funds for work the licensee has not yet completed;
(6)
engaging in the unauthorized release of:
(a)
information acquired on behalf of a client by a licensee, or the client's employee or
contract agent, as a result of activities regulated under this chapter; or
(b)
a client's personal information;
(7)
misrepresents, refuses, or fails to cooperate with access to business or investigative
records that the division requests through an investigator or a subpoena duces tecum; and
(8)
permitting, authorizing, aiding, or in any way assisting or incentivizing a person to
violate the requirements of this chapter regardless of whether the licensee is an
independent contractor and not under the authority of a private investigator agent.
Section 27. Section
58-92-503
is enacted to read:
58-92-503
Effective
09/01/26
. Penalties.
(1)
Subject to Subsection
(2)
, an individual who commits an act of unlawful conduct under
Subsection
58-1-501(1)
or Section
58-92-501
or who fails to comply with a citation
issued under this section after the citation becomes final is guilty of a class A
misdemeanor.
(2)
The division may immediately suspend a license issued under this chapter of a person
who is given a citation for engaging in unlawful acts under Subsection
58-1-501(1)
or
Section
58-92-501
upon determination that the nature of the action presents a reasonable
ongoing threat to public health, safety, or welfare.
(3)
If, upon inspection or investigation, the division determines that a person has violated
Section
58-1-501
,
58-92-501
, or
58-92-502
, or a rule the division makes or an order the
division issues under Section
58-92-501
or
58-92-502
, and that disciplinary action is
warranted, the director or the director's designee within the division shall promptly issue
a citation to the person and:
(a)
attempt to negotiate a stipulated settlement with the person; or
(b)
notify the person to appear for an adjudicative proceeding conducted in accordance
with Title 63G, Chapter 4, Administrative Procedures Act.
(4)
The division may:
(a)
fine a person who violates Sections
58-1-501
,
58-92-501
, or
58-92-502
, as evidenced
by an uncontested citation, a stipulated settlement, or a finding of a violation in an
adjudicative proceeding held under Subsection
(3)(b)
;
(b)
order the person to cease and desist from the violation; or
(c)
take both actions described in Subsections
(4)(a)
and
(b)
.
(5)
Except for a cease and desist order, the division may not impose the licensure sanctions
listed in Section
58-1-401
by issuing a citation under this section.
(6)
A citation under this section shall:
(a)
describe the nature of the violation, including a reference to the allegedly violated
statute, rule, or order;
(b)
state that the recipient must notify the division in writing within 20 calendar days
after the day on which the division issues the citation if the recipient wants to contest
the citation at the adjudicative proceeding described in Subsection
(3)(b)
;
(c)
explain the consequences of failure to timely contest the citation or to make payment
of a fine assessed under the citation within the time specified in the citation; and
(d)
be in writing.
(7)
(a)
The division may serve a citation issued under this section, or a copy of the
citation, upon an individual who is subject to service of a summons under the Utah
Rules of Civil Procedure.
(b)
The division may serve an individual personally or serve the individual's agent.
(c)
The division may serve the summons by:
(i)
a division investigator;
(ii)
a person designated by the director; or
(iii)
mail.
(d)
If within 20 days after the day on which the division serves a citation, the person to
whom the division issues the citation fails to request a hearing to contest the citation,
the citation becomes the final order of the division and is not subject to further
agency review.
(e)
The division may grant an extension of the 20-day period described in Subsection
(7)(d)
for cause.
(f)
The division may refuse to issue or renew, suspend, revoke, or place on probation the
license of a licensee who fails to comply with a citation after the citation becomes
final.
(g)
The division may not issue a citation for an alleged violation under this section after
the expiration of one year after the day on which the division receives a report of the
violation that is the subject of the citation.
(8)
(a)
The director or the director's designee may assess a fine under this section as
follows:
(i)
for a first offense under Subsection
(3)
, a fine of up to $1,000;
(ii)
for a second offense under Subsection
(3)
, a fine of up to $2,000; and
(iii)
for a subsequent offense under Subsection
(3)
, a fine of up to $2,000 for each
day of continued violation.
(b)
For purposes of issuing a final order under this section and assessing a fine under
Subsection
(8)(a)
, an offense is a second or subsequent offense if:
(i)
the division previously issued a final order determining that a person committed a
first or second offense by violating Section
58-92-501
or
58-92-502
; or
(ii)
(A)
the division initiated an action for a first or second offense;
(B)
the division has not issued a final order in an action initiated under Subsection
(8)(b)(ii)(A)
;
(C)
the division determines during an investigation that occurred after the
initiation of the action under Subsection
(8)(b)(ii)(A)
that the person
committed a second or subsequent violation of Section
58-92-501
or
58-92-502
;
and
(D)
after determining that the person committed a second or subsequent offense
under Subsection
(8)(b)(ii)(C)
, the division issues a final order on the action
initiated under Subsection
(8)(b)(ii)(A)
.
(c)
In issuing a final order for a second or subsequent offense under Subsection
(8)(b)
,
the division shall comply with the requirements of this section.
(9)
(a)
The division shall deposit a fine the director imposes under Subsection
(8)(a)
into
the General Fund as a dedicated credit for use by the division for the purposes listed
in Section
58-63-103
.
(b)
The director may collect a fine that a person does not pay by:
(i)
referring the matter to a collection agency; or
(ii)
bringing an action in the district court of the county where the person against
whom the penalty is imposed resides or in the county where the office of the
director is located.
(c)
A county attorney or the attorney general of the state shall provide legal assistance
and advice to the director in an action to collect a penalty.
(d)
A court shall award reasonable attorney fees and costs to the prevailing party in an
action brought by the division to collect a penalty under this Subsection
(9)
.
Section 28. Section
58-92-601
is enacted to read:
6. Regulatory Jurisdiction
58-92-601
Effective
09/01/26
. Preemption of local regulation.
(1)
A political subdivision of this state may not enact any legislation, code, or ordinance, or
make any rules relating to the licensing, training, or regulation of a person engaging in
an activity regulated under this chapter.
(2)
Any legislation, code, ordinance, or rule made by a political subdivision of this state,
relating to the licensing, training, or regulation of a person engaging in an activity
regulated under this chapter is superseded by this chapter.
Section 29. Section
58-93-101
is enacted to read:
93. Bail Bond Licensing Act
1. General Provisions
58-93-101
Effective
09/01/26
. Definitions.
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.
(8)
(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
(d)
(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.
Section 30. Section
58-93-102
is enacted to read:
58-93-102
Effective
09/01/26
. Use of money for education, training, and
enforcement.
The division may, with the concurrence of the board, use the money collected under this
chapter for the following purposes:
(1)
educating and training licensees under this chapter;
(2)
educating and training the general public or other interested persons in matters
concerning the laws that govern the practices regulated by this chapter; and
(3)
enforcing this chapter by:
(a)
investigating unprofessional or unlawful conduct; and
(b)
providing legal representation to the division when the division takes legal action
against a person charged with unprofessional or unlawful conduct.
Section 31. Section
58-93-201
is enacted to read:
2. Board
58-93-201
Effective
09/01/26
. Board.
The division may appoint either a bail enforcement agent or a bail recovery agent to the
Security Services Licensing Board created under Section
58-63-201
.
Section 32. Section
58-93-301
is enacted to read:
3. Licensing
58-93-301
Effective
09/01/26
. Licensure required -- License classifications.
(1)
A licensee is required to engage in an act regulated by this chapter. except as otherwise
provided in this chapter.
(2)
The division shall issue to a person that qualifies under this chapter a license in the
following classifications:
(a)
bail bond agency;
(b)
bail enforcement agent;
(c)
bail recovery agent; and
(d)
bail recovery apprentice.
Section 33. Section
58-93-302
is enacted to read:
58-93-302
Effective
09/01/26
. General qualifications for licensure.
(1)
An applicant for licensure under this chapter, or the qualifier for an applicant if
applicable:
(a)
shall:
(i)
except for an applicant for a bail recovery apprentice license, be at least 21 years
old;
(ii)
be a citizen or legal resident of the United States;
(iii)
provide the applicant's or qualifier's name, address, date of birth, social security
number, and fingerprints to the division;
(iv)
disclose any criminal history the division requests on a form the division
approves;
(v)
consent to, and complete, a criminal background check, described in Section
58-1-301.5
; and
(vi)
meet any other standard related to the criminal background check described in
Subsection
(1)(a)(v)
, that the division establishes by rule in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act; and
(b)
may not:
(i)
have been convicted of:
(A)
a felony;
(B)
an act involving illegally using, carrying, or possessing a dangerous weapon;
(C)
an act of personal violence or force on a person or threatening to commit an
act of personal violence or force against another person;
(D)
an act constituting dishonesty or fraud;
(E)
impersonating a peace officer; or
(F)
an act that, when considered with the functions and duties imposed by this
title, and that bears a substantial relationship to the individual's ability to safely
or competently perform the duties expected of a person licensed under this
chapter, indicates that the best interests of the public are not served by granting
the applicant a license;
(ii)
be on probation, parole, community supervision, or named in an outstanding
arrest warrant;
(iii)
have been previously found or presently be in violation of this chapter; or
(iv)
be employed as a peace officer.
(2)
If currently licensed in another state or jurisdiction, the applicant or qualifier shall be in
good standing within that state or jurisdiction.
Section 34. Section
58-93-303
is enacted to read:
58-93-303
Effective
09/01/26
. Qualifications for licensure -- Bail bond agency.
(1)
In addition to the requirements of Section
58-93-302
, an applicant for licensure as a bail
bond agency shall:
(a)
submit an application in a form the division approves;
(b)
pay a fee determined by the department under Section
63J-1-504
;
(c)
identify a qualifier for the applicant who:
(i)
meets with the division and the board, if requested, and demonstrates that the
applicant and the qualifier meet the requirements of this section;
(ii)
is a resident of the state;
(iii)
is licensed and in good standing as a bail enforcement agent or bail recovery
agent under this chapter;
(iv)
exercises material day-to-day authority in the conduct of the applicant's business
by making substantive technical and administrative decisions and whose primary
employment is with the applicant;
(v)
is not concurrently acting as a qualifier or employee of another bail bond agency;
(vi)
is not involved in an activity that would conflict with the qualifier's duties and
responsibilities under this chapter; and
(vii)
is not an employee of a government agency; and
(d)
file and maintain with the division evidence of:
(i)
comprehensive general liability insurance in a form and in an amount the division
establishes by rule in collaboration with the board and in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act;
(ii)
workers' compensation insurance that covers employees of the applicant in
accordance with applicable Utah law;
(iii)
registration with the Division of Corporations and Commercial Code; and
(iv)
registration as required by applicable law with the:
(A)
Unemployment Insurance Division in the Department of Workforce Services,
in accordance with Title 35A, Chapter 4, Employment Security Act;
(B)
State Tax Commission; and
(C)
Internal Revenue Service.
(2)
An application described in Subsection
(1)
shall include an affidavit that:
(a)
lists each of the applicant's officers, owners, proprietors, trustees, and responsible
management personnel; and
(b)
a representative of the applicant signs and states under penalty of perjury that none
of the listed parties:
(i)
have been convicted of:
(A)
a felony;
(B)
an act involving illegally using, carrying, or possessing a dangerous weapon;
(C)
an act of personal violence or force on a person or threatening to commit an
act of personal violence or force against another person;
(D)
an act constituting dishonesty or fraud;
(E)
impersonating a peace officer; or
(F)
an act that, when considered with the functions and duties of a licensee under
this chapter, bears a substantial relationship to the individual's ability to safely
or competently perform the duties expected of a licensee or indicates that the
best interests of the public are not served by granting the applicant a license;
(ii)
have been named in an outstanding arrest warrant; or
(iii)
are currently on probation, parole, community supervision, or named in an
outstanding arrest warrant.
Section 35. Section
58-93-304
is enacted to read:
58-93-304
Effective
09/01/26
. Qualifications for licensure -- Bail enforcement
agent and bail recovery agent.
(1)
In addition to the requirements of Section
58-93-302
, an applicant for licensure as a bail
enforcement agent or bail recovery agent shall:
(a)
submit an application in a form the division approves;
(b)
pay a fee determined by the division under Section
63J-1-504
;
(c)
file and maintain with the division evidence of a surety bond:
(i)
in an amount the division establishes by rule in collaboration with the board and in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(ii)
that shall remain in effect throughout the applicant's entire licensing period; and
(iii)
that provides that the issuer of the surety bond shall notify the division if the
bond is cancelled or expires; and
(d)
provide proof to the division that the applicant has met each experience requirement
for a bail enforcement agent under Section
58-93-307
.
(2)
An applicant for a bail enforcement agent or bail recovery agent license who
simultaneously acts as qualifier for a bail bond agency under Section
58-93-303
, may
fulfill the requirements of this section if the applicant is listed on the bail bond agency's
surety bond.
Section 36. Section
58-93-305
is enacted to read:
58-93-305
Effective
09/01/26
. Qualifications for licensure -- Bail recovery
apprentice.
In addition to the requirements of Section
58-93-302
, an applicant for licensure as a bail
recovery apprentice shall:
(1)
be at least 18 years old;
(2)
submit an application in a form the division approves;
(3)
pay a fee determined by the department under Section
63J-1-504
; and
(4)
identify the bail bond agency employing and responsible for supervising the applicant
under Section
58-93-303
.
Section 37. Section
58-93-306
is enacted to read:
58-93-306
Effective
09/01/26
. Initial and continuing training requirements.
(1)
An applicant under this chapter shall complete a training program of at least 16 hours
the division approves in collaboration with the board and in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, that includes:
(a)
instruction on the duties and responsibilities of a licensee under this chapter,
including:
(i)
search, seizure, and arrest procedure;
(ii)
pursuit, arrest, detainment, and transportation of a bail bond suspect; and
(iii)
specific duties and responsibilities regarding entering an occupied structure to
carry out functions under this chapter;
(b)
the laws and rules relating to conduct regulated by this chapter;
(c)
the rights of the accused; and
(d)
ethics.
(2)
In addition to the training program described in Subsection
(1)
, an applicant or licensee
seeking to carry a firearm as a licensee shall:
(a)
hold a valid license to carry a concealed weapon issued under Section
53-5a-303
; and
(b)
successfully complete firearms training requirements the division establishes by rule
in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, including a minimum of 16 hours of training.
(3)
Before license renewal, a licensee shall have completed at least eight hours of
continuing education that the division defines by rule in collaboration with the board,
and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Section 38. Section
58-93-307
is enacted to read:
58-93-307
Effective
09/01/26
. Experience requirements.
(1)
In addition to the requirements of Section
58-93-304
, an applicant for licensure as a bail
enforcement agent shall have a minimum of 2,000 hours of experience consisting of
either:
(a)
actual bail recovery work; or
(b)
work as a law enforcement officer for a federal, state, or local governmental agency.
(2)
In addition to the requirements of Section
58-93-304
, an applicant for licensure as a bail
recovery agent shall have a minimum of 1,000 hours of experience consisting of:
(a)
actual bail recovery work;
(b)
bail recovery work as a licensed bail recovery apprentice; or
(c)
work as a law enforcement officer for a federal, state, or local governmental agency.
(3)
An applicant shall substantiate the experience claimed under Subsection
(1)
or
(2)
in a
form the division approves that includes:
(a)
the exact details as to the character and nature of the experience; and
(b)
information that will allow the division to verify the information the applicant
presents.
(4)
If an applicant is unable to supply written certification of experience from an employer
in whole or in part, an applicant may offer written certification from a person other than
an employer covering the same subject matter for consideration by the division.
(5)
The burden of proving completion of the required experience is on the applicant and the
division may verify or reject any part of an applicant's certification under division rule
under Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Section 39. Section
58-93-308
is enacted to read:
58-93-308
Effective
09/01/26
. Qualification credit for specified training.
The division may adopt rules in collaboration with the board, and in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that exempt an applicant from
meeting all or a portion of the training requirements of Section
58-93-306
or the experience
requirements of Section
58-93-307
for licensure if the applicant:
(1)
holds a criminal justice bachelor's degree from an accredited college or university;
(2)
is certified to have successfully completed the state Peace Officers Standards and
Training basic training course provided under Section
53-6-202
; or
(3)
provides adequate proof of having successfully completed a training or experience
substantially similar to the training and experience required under Section
58-93-306
or
58-93-307
.
Section 40. Section
58-93-309
is enacted to read:
58-93-309
Effective
09/01/26
. Replacement of qualifier.
If the qualifier of a bail bond agency ceases to perform the qualifier's duties on a regular
basis, the licensee shall:
(1)
notify the division in writing within 15 days after the day on which the qualifier ceases
to perform the qualifier's duties on a regular basis; and
(2)
replace the qualifying agent within 60 days after the day on which the licensee notifies
the division under Subsection
(1)
.
Section 41. Section
58-93-310
is enacted to read:
58-93-310
Effective
09/01/26
. Identity cards -- Evidence of licensure.
(1)
When the division issues a license under this chapter, the division shall:
(a)
issue an identification card the design of which the division shall approve by rule in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(b)
indicate on the identification card's face that the holder is licensed to act as a bail
bond enforcement agent or bail bond recovery agent.
(2)
The division shall issue an identification card under Section (1) without charge:
(a)
to the licensee if the licensee is an individual; or
(b)
to each licensed employee and contract employee if the licensee is a bail bond
agency.
(3)
An identification card issued under this section is evidence the licensee and the
licensee's employees and contract employees are licensed under this chapter.
(4)
Within five days after the day on which a license terminates for any reason, the licensee
shall mail or deliver a card issued under Subsection
(2)(a)
to the division for cancellation.
(5)
A licensed or contract employee shall return the identification card issued under
Subsection
(2)(b)
upon termination of the licensed or contract employee's work
relationship with the bail bond agency.
(6)
A licensee shall carry the identification card issued under Subsection
(1)
while engaging
in an activity regulated under this chapter.
(7)
A licensee shall display the license upon the request of a peace officer, a representative
of the division, or a member of the public.
Section 42. Section
58-93-311
is enacted to read:
58-93-311
Effective
09/01/26
. Operating standards -- Rulemaking.
The division, in collaboration with the board, shall establish by rule in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act, operating standards that shall
apply to the conduct of a licensee under this chapter, including rules relating to use of
uniforms, badges, insignia, designations, and representations used by or associated with a
licensee's practice under this chapter.
Section 43. Section
58-93-312
is enacted to read:
58-93-312
Effective
09/01/26
. Status of license held on effective date of this
chapter.
On or after September 1, 2026, a person that holds a valid license under Title 53,
Chapter 11, Bail Bond Recovery Act:
(1)
is subject to the following:
(a)
if the license the person holds on September 1, 2026, is a bail bond agency license
under Title 53, Chapter 11, Bail Bond Recovery Act, the person is considered to have
a bail bond agency license under this chapter;
(b)
if the license the person holds on September 1, 2026, is a bail enforcement agent
license under Title 53, Chapter 11, Bail Bond Recovery Act, the person is considered
to have a bail enforcement agent license under this chapter;
(c)
if the license the person holds on September 1, 2026, is a bail recovery agent license
under Title 53, Chapter 11, Bail Bond Recovery Act, the person is considered to have
a bail recovery agent license under this chapter; and
(d)
if the license the person holds on September 1, 2026, is a bail recovery apprentice
license under Title 53, Chapter 11, Bail Bond Recovery Act, the person is considered
to have a bail recovery apprentice license under this chapter; and
(2)
is subject to this chapter.
Section 44. Section
58-93-401
is enacted to read:
4. License Denial and Discipline
58-93-401
Effective
09/01/26
. Grounds for denial of license -- Disciplinary
proceedings.
(1)
Grounds for refusing to issue a license to an applicant, for refusing to renew the license
of a licensee, for revoking, suspending, restricting, or placing on probation the license of
a licensee, for issuing a public or private reprimand to a licensee, and for issuing a cease
and desist order shall be in accordance with Section
58-1-401
.
(2)
A bail recovery apprentice employed by a bail bond agency at the time the division
suspends or revokes the bail bond agency's license may obtain a reinstatement of the bail
recovery apprentice's license without fee if:
(a)
the bail recovery apprentice did not engage in the conduct that led to the suspension
or revocation; and
(b)
the bail recovery apprentice submits documentation that a new licensed agent
supervises the bail recovery apprentice.
Section 45. Section
58-93-501
is enacted to read:
5. Unlawful Conduct -- Unprofessional Conduct -- Penalties
58-93-501
Effective
09/01/26
. Unlawful conduct.
Unlawful conduct under this chapter includes:
(1)
a bail bond agency willfully or negligently employing the services of an unlicensed
individual to engage in the work of a bail enforcement professional; and
(2)
an attempt to secure a license under this chapter through fraudulent or misleading
means, including by:
(a)
omission of material facts or evidence;
(b)
filing with the division fingerprint cards for an applicant that are not the fingerprint
cards of the applicant;
(c)
making a statement verbally or in written form that is false or fraudulent and
intended to mislead the division in the division's consideration of the qualifications of
the applicant for licensure;
(d)
practicing or engaging in, or attempting to practice or engage in, activity regulated
by this chapter;
(e)
impersonating, permitting, or aiding and abetting an employee to impersonate a law
enforcement officer or employee of the United States, a state, or a political
subdivision of a state;
(f)
knowingly violating, advising, encouraging, or assisting in the violation of a statute, a
court order, or an injunction when engaging in conduct regulated under this chapter;
or
(g)
knowingly employing another person to engage in or practice or attempt to engage in
conduct regulated by this chapter, if the employee is not licensed to do so under this
chapter.
Section 46. Section
58-93-502
is enacted to read:
58-93-502
Effective
09/01/26
. Unprofessional conduct.
Unprofessional conduct under this chapter includes:
(1)
(a)
failing, as a bail bond agency, to notify the division of the cessation of
performance of the bail bond agency's qualifier; or
(b)
failing to replace the bail bond agency's qualifier, as required under Section
58-93-309
;
(2)
failing to carry or display a badge issued under Section
58-93-504
;
(3)
employment, as a bail bond agency, or as a qualifier knowing that the individual has
engaged in conduct that is inconsistent with the duties and responsibilities of a licensee
under this chapter;
(4)
failing to comply with operating standards established by rule;
(5)
using any letterhead, advertising, or other printed matter in a manner representing that
the licensee is an instrumentality of the federal government, a state, or any political
subdivision of a state;
(6)
using a name different from that under which the licensee is currently licensed for an
advertisement, a solicitation, or a contract to secure business unless the name is a D.B.A.;
(7)
falsifying fingerprints or photographs while operating under this chapter;
(8)
soliciting business for an attorney in return for compensation;
(9)
conviction for:
(a)
a felony;
(b)
an act involving illegally using, carrying, or possessing a dangerous weapon;
(c)
an act involving moral turpitude;
(d)
an act of personal violence or force against a person or threatening to commit an act
of personal violence or force against a person;
(e)
an act constituting dishonesty or fraud;
(f)
impersonating a peace officer;
(g)
an act of illegally obtaining or disseminating a private, controlled, or protected
record under Section
63G-2-801
; or
(h)
if the person is a bail bond agency, failing to pay bail funds to a court upon entry of a
final judgment against the bail bond agency;
(10)
being placed on probation, parole, compensatory service, or named in an outstanding
arrest warrant;
(11)
failing or refusing to cooperate with, failing to provide truthful information to, or
refusing access to an authorized representative of the division engaged in an official
investigation including the wrongful withholding of materials sought by the division
through a subpoena duces tecum;
(12)
failure to maintain in full force the insurance and surety bond requirements of this
chapter;
(13)
advertising in a false, deceptive, or misleading manner;
(14)
failing to identify the name, business address, and telephone number of the bail bond
agency for which the licensee is an employee or an independent contractor;
(15)
failing to adhere to the licensee representation, badge, and identifying clothing
requirements under Section
58-93-504
;
(16)
failing to adhere to the requirements during search and seizure and notification of law
enforcement agency provisions of Section
58-93-505
; and
(17)
aiding, incentivizing, encouraging, or offering material aid to any person to violate this
chapter.
Section 47. Section
58-93-503
is enacted to read:
58-93-503
Effective
09/01/26
. Penalties.
(1)
Subject to Subsection
(2)
, an individual who commits an act of unlawful conduct under
Subsection
58-1-501(1)
or Section
58-93-501
or who fails to comply with a citation
issued under this section after the citation becomes final is guilty of a class A
misdemeanor.
(2)
The division may immediately suspend a license issued under this chapter of a person
who is given a citation for engaging in unlawful acts under Subsection
58-1-501(1)
or
Section
58-93-501
upon determination that the nature of the action presents a reasonable
ongoing threat to public health, safety, or welfare.
(3)
If, upon inspection or investigation, the division determines that a person has violated
Section
58-1-501
,
58-93-501
, or
58-93-502
, a rule the division makes, or an order the
division issues under Section
58-93-501
or
58-93-502
, and that disciplinary action is
warranted, the director or the director's designee within the division shall promptly issue
a citation to the person and:
(a)
attempt to negotiate a stipulated settlement with the person; or
(b)
notify the person to appear for an adjudicative proceeding conducted in accordance
with Title 63G, Chapter 4, Administrative Procedures Act.
(4)
The division may:
(a)
fine a person who violates Sections
58-1-501
,
58-93-501
, or
58-93-502
, as evidenced
by an uncontested citation, a stipulated settlement, or a finding of a violation in an
adjudicative proceeding held under Subsection
(3)(b)
;
(b)
order the person to cease and desist from the violation; or
(c)
take both actions described in Subsections
(4)(a)
and
(b)
.
(5)
Except for a cease and desist order, the division may not impose the licensure sanctions
listed in Section
58-1-401
by issuing a citation under this section.
(6)
A citation under this section shall:
(a)
describe the nature of the violation, including a reference to the allegedly violated
statute, rule, or order;
(b)
state that the recipient must notify the division in writing within 20 calendar days
after the day on which the division issues the citation if the recipient wants to contest
the citation at the adjudicative proceeding described in Subsection
(3)(b)
;
(c)
explain the consequences of failure to timely contest the citation or to make a
payment of a fine assessed under the citation within the time specified in the citation;
and
(d)
be in writing.
(7)
(a)
The division may serve a citation issued under this section, or a copy of the
citation, upon an individual who is subject to service of a summons under the Utah
Rules of Civil Procedure.
(b)
The division may serve an individual personally or serve the individual's agent.
(c)
The division may serve the summons by:
(i)
a division investigator;
(ii)
a person designated by the director; or
(iii)
mail.
(d)
If within 20 days after the day on which the division serves a citation, the person to
whom the division issues the citation fails to request a hearing to contest the citation,
the citation becomes the final order of the division and is not subject to further
agency review.
(e)
The division may grant an extension of the 20-day period described in Subsection
(7)(d)
for cause.
(f)
The division may refuse to issue or renew, suspend, revoke, or place on probation the
license of a licensee who fails to comply with a citation after the citation becomes
final.
(g)
The division may not issue a citation for an alleged violation under this section after
the expiration of one year after the day on which the division receives a report of the
violation that is the subject of the citation.
(8)
(a)
The director or the director's designee may assess a fine under this section as
follows:
(i)
for a first offense under Subsection
(3)
, a fine of up to $1,000;
(ii)
for a second offense under Subsection
(3)
, a fine of up to $2,000; and
(iii)
for a subsequent offense under Subsection
(3)
, a fine of up to $2,000 for each
day of continued violation.
(b)
For purposes of issuing a final order under this section and assessing a fine under
Subsection
(8)(a)
, an offense is a second or subsequent offense if:
(i)
the division previously issued a final order determining that a person committed a
first or second offense by violating Section
58-93-501
or
58-93-502
; or
(ii)
(A)
the division initiated an action for a first or second offense;
(B)
the division has not issued a final order in an action initiated under Subsection
(8)(b)(ii)(A)
;
(C)
the division determines during an investigation that occurred after the
initiation of the action under Subsection
(8)(b)(ii)(A)
that the person
committed a second or subsequent violation of Section
58-93-501
or
58-93-502
;
and
(D)
after determining that the person committed a second or subsequent offense
under Subsection
(8)(b)(ii)(C)
, the division issues a final order on the action
initiated under Subsection
(8)(b)(ii)(A)
.
(c)
In issuing a final order for a second or subsequent offense under Subsection
(8)(b)
,
the division shall comply with the requirements of this section.
(9)
(a)
The division shall deposit a fine the director imposes under Subsection
(8)(a)
into
the General Fund as a dedicated credit for use by the division for the purposes listed
in Section
58-63-103
.
(b)
The director may collect a fine that a person does not pay by:
(i)
referring the matter to a collection agency; or
(ii)
bringing an action in the district court of the county where the person against
whom the penalty is imposed resides or in the county where the office of the
director is located.
(c)
A county attorney or the attorney general of the state shall provide legal assistance
and advice to the director in an action to collect a penalty.
(d)
A court shall award reasonable attorney fees and costs to the prevailing party in an
action brought by the division to collect a penalty under this Subsection
(9)
.
Section 48. Section
58-93-504
is enacted to read:
58-93-504
Effective
09/01/26
. Licensee representations as a licensee -- Badge --
Identifying clothing.
(1)
A licensee under this chapter may:
(a)
not wear a uniform, or use a title or identification card other than the one the division
issues under this chapter; or
(b)
make a statement that would lead a reasonable person to believe the licensee is
connected in any way with the federal government or a state or local governmental
entity, unless the licensee has received authorization in writing from one of those
governmental authorities to do so.
(2)
A licensee may possess a badge of a design the division and board approve for use by a
licensee.
(3)
The licensee shall wear the badge under Subsection
(2)
in a manner that prevents the
accidental or inadvertent display of the badge to a person in the presence of the licensee.
(4)
The licensee may display the badge under Subsection
(2)
only if:
(a)
the licensee is also at the same time wearing an article of clothing that conspicuously
displays on the chest and back of the article of clothing lettering that clearly identifies
the licensee as a bail enforcement or recovery agent;
(b)
the licensee also displays the licensee's identification card described in Section
58-93-310
:
(i)
upon request, while acting as a bail enforcement agent; or
(ii)
as necessary for the licensee to demonstrate authority while acting as a bail
enforcement agent;
(c)
the licensee is making a planned apprehension of a defendant, and the licensee is also
wearing an article of clothing described in Subsection
(4)(a)
or (5);
(d)
the licensee is making an apprehension that is unplanned and under exigent
circumstances, and the licensee is not wearing clothing described in Subsection
(4)(a)

or
(5)
; or
(e)
the licensee is acting as a bail enforcement agent but is not engaged in a planned
apprehension or in another situation that does not require that the agent be wearing
clothing as described in Subsection
(4)(a)
or
(5)
in order to display the badge.
(5)
A licensee may wear a jacket of a distinctive design or style that bears a printed,
embroidered, or otherwise permanently attached symbol, emblem, or insignia that:
(a)
clearly identifies the wearer as a bail enforcement or recovery agent; and
(b)
the division and the board approve.
(6)
When a licensee is acting as a bail enforcement agent and interacts with a law
enforcement officer, the licensee shall, at the first opportunity:
(a)
identify the bail enforcement agent to the law enforcement officer; and
(b)
provide identification as a bail enforcement agent.
(7)
If a bail enforcement agent engages in an immediate apprehension and does not have a
reasonable opportunity to wear clothing or a badge that identifies the licensee as a bail
enforcement agent, the bail enforcement agent shall:
(a)
identify the bail enforcement agent as a bail enforcement agent; and
(b)
as soon as practicable, wear clothing that identifies the bail enforcement agent as a
bail enforcement agent or a badge described in Subsection
(2)
.
Section 49. Section
58-93-505
is enacted to read:
58-93-505
Effective
09/01/26
. Requirements during search and seizure --
Notification of law enforcement agency.
(1)
A bail enforcement agent, bail recovery agent, or bail recovery apprentice shall observe
the following requirements when taking action authorized under this chapter:
(a)
a licensee shall identify the licensee as a bail enforcement agent, bail recovery agent,
or bail recovery apprentice; and
(b)
the licensee shall notify the local law enforcement agency if the search or
apprehension was conducted in an occupied structure within that law enforcement
agency's jurisdiction as soon as reasonably possible in accordance with Subsection
(2)
.
(2)
(a)
When possible, a licensee shall notify local law enforcement under Subsection
(1)(b)
before taking action, but always within 4 hours after taking action.
(b)
When a bail enforcement agent or bail recovery agent is preparing to enter an
occupied structure to carry out an arrest, the bail enforcement agent or bail recovery
agent shall verbally advise the local law enforcement agency of the agent's location
and intended action before acting.
(3)
A bail enforcement agent, bail recovery agent, and bail recovery apprentice shall:
(a)
carry a written document providing proof and cause for the actions the bail
enforcement agent, bail recovery agent, and bail recovery apprentice takes as a
licensee; and
(b)
make the document described in Subsection
(3)(a)
available to local law enforcement
agencies upon request.
Section 50. Section
58-93-601
is enacted to read:
6. Regulatory Jurisdiction
58-93-601
Effective
09/01/26
. State preemption of local regulation.
(1)
A political subdivision of this state may not enact any legislation, code, or ordinance, or
make any rules relating to the licensing, training, or regulation of a person engaging in
an activity regulated under this chapter.
(2)
Any legislation, code, ordinance, or rule made by any political subdivision of this state,
relating to the licensing, training, or regulation of a person engaging in an activity
regulated under this chapter is superseded by this chapter.
Section 51. Section
63I-1-253
is amended to read:
63I-1-253
Effective
09/01/26
. Repeal dates: Titles 53 through 53G.
(1)
Section
53-1-122
, Road Rage Awareness and Prevention Restricted Account, is
repealed July 1, 2028.
(2)
Section
53-2a-105
, Emergency Management Administration Council created --
Function -- Composition -- Expenses, is repealed July 1, 2029.
(3)
Section
53-2a-1103
, Search and Rescue Advisory Board -- Members -- Compensation,
is repealed July 1, 2030.
(4)
Section
53-2a-1104
, General duties of the Search and Rescue Advisory Board, is
repealed July 1, 2027.
(5)
Title 53, Chapter 2a, Part 15, Grid Resilience Committee
, is repealed July 1, 2027.
(6)
Section
53-2d-104
, State Emergency Medical Services Committee -- Membership --
Expenses, is repealed July 1, 2029.
(7)
Section
53-2d-503
, Establishment of maximum rates, is repealed July 1, 2027.
(8)
Section
53-5a-302
, Concealed Firearm Review Board -- Membership -- Compensation
-- Terms -- Duties, is repealed July 1, 2029.
(9)
Section
53-11-104
58-93-201
, Board, is repealed July 1, 2029.
(10)
Title
53, Chapter 31
, Department Interaction With Local Law Enforcement, is repealed
July 1, 2027.
(11)
Subsection
53C-3-203
(4)(b)(vii)
, regarding the distribution of money from the Land
Exchange Distribution Account to the Geological Survey for test wells and other
hydrologic studies in the West Desert, is repealed July 1, 2030.
(12)
Subsection
53E-1-201
(1)(q)
, regarding the Higher Education and Corrections Council,
is repealed July 1, 2027.
(13)
Subsection
53E-2-304
(6)
, regarding foreclosing a private right of action or waiver of
governmental immunity, is repealed July 1, 2027.
(14)
Subsection
53E-3-503
(5)
, regarding coordinating councils for youth in care, is
repealed July 1, 2027.
(15)
Subsection
53E-3-503
(6)
, regarding coordinating councils for youth in care, is
repealed July 1, 2027.
(16)
Subsection
53E-4-202
(8)(b)
, regarding a standards review committee, is repealed
January 1, 2028.
(17)
Section
53E-4-203
, Standards review committee, is repealed January 1, 2028.
(18)
Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory Commission
, is
repealed July 1, 2033.
(19)
Subsection
53E-7-207
(7)
, regarding a private right of action or waiver of governmental
immunity, is repealed July 1, 2027.
(20)
Section
53F-5-215
, Elementary teacher preparation assessment grant, is repealed July
1, 2028.
(21)
Section
53F-5-219
, Local Innovations Civics Education Pilot Program, is repealed July
1, 2026.
(22)
Title 53F, Chapter 10, Part 2, Capital Projects Evaluation Panel
, is repealed July 1,
2027.
(23)
Subsection
53G-4-608
(2)(b)
, regarding the Utah Seismic Safety Commission, is
repealed January 1, 2025.
(24)
Subsection
53G-4-608
(4)(b)
, regarding the Utah Seismic Safety Commission, is
repealed January 1, 2025.
(25)
Section
53G-9-212
, Drinking water quality in schools, is repealed July 1, 2027.
(26)
Subsection
53G-9-703(4)
, regarding the parental video presentation concerning student
use of technology, is repealed January 1, 2030.
(27)
Subsection
53H-1-402(1)(j)
, regarding the Higher Education and Corrections Council,
is repealed July 1, 2027.
(28)
Section
53H-1-604
, Higher Education and Corrections Council, is repealed July 1,
2027.
(29)
Subsection
53H-4-210(3)
, regarding the creation of the SafeUT and School Safety
Commission, is repealed January 1, 2030.
(30)
Subsection
53H-4-210(4)
, regarding the appointment of the members of the SafeUT
and School Safety Commission, is repealed January 1, 2030.
(31)
Subsection
53H-4-210(5)
, regarding the attorney general designating the chair of the
SafeUT and School Safety Commission, is repealed January 1, 2030.
(32)
Subsection
53H-4-210(6)
, regarding the quorum requirements of the SafeUT and
School Safety Commission, is repealed January 1, 2030.
(33)
Subsection
53H-4-210(7)
, regarding a formal action of the SafeUT and School Safety
Commission, is repealed January 1, 2030.
(34)
Subsection
53H-4-210(8)
, regarding compensation for members of the SafeUT and
School Safety Commission, is repealed January 1, 2030.
(35)
Subsection
53H-4-210(9)
, regarding the support staff for the SafeUT and School
Safety Commission, is repealed January 1, 2030.
(36)
Section
53H-4-306.1
, Definitions -- Electrification of Transportation Infrastructure
Research Center, is repealed July 1, 2028.
(37)
Section
53H-4-306.2
, Electrification of Transportation Infrastructure Research Center
-- Designation -- Duties, is repealed July 1, 2028.
(38)
Section
53H-4-306.3
, Electrification of Transportation Infrastructure Research Center
-- Steering committee, is repealed July 1, 2028.
(39)
Section
53H-4-306.4
, Electrification of Transportation Infrastructure Research Center
-- Industry advisory board, is repealed July 1, 2028.
(40)
Section
53H-4-306.5
, Electrification of Transportation Infrastructure Research Center
-- Duties of the project director, is repealed July 1, 2028.
(41)
Section
53H-4-306.6
, Electrification of Transportation Infrastructure Research Center
-- Project development and strategic objectives -- Reporting requirements, is repealed
July 1, 2028.
(42)
Section
53H-4-307.1
, Center for Civic Excellence, is repealed July 1, 2030.
(43)
Section
53H-4-307.2
, Center for Civic Excellence -- Duties -- Authority, is repealed
July 1, 2030.
(44)
Section
53H-4-307.3
, Center for Civic Excellence -- Leadership, is repealed July 1,
2030.
(45)
Section
53H-4-307.4
, Center for Civic Excellence -- Faculty, is repealed July 1, 2030.
(46)
Section
53H-4-307.5
, Center for Civic Excellence -- Curriculum, is repealed July 1,
2030.
(47)
Section
53H-4-307.6
, Center for Civic Excellence -- Oversight -- Reporting, is
repealed July 1, 2030.
(48)
Section
53H-4-313
, Food Security Council, is repealed July 1, 2027.
(49)
Section
53H-8-305
, Five-year performance goals, is repealed July 1, 2027.
(50)
Title
53H, Chapter 10, Part 4
, Education Savings Incentive Program, is repealed July
1, 2028.
Section 52. Section
76-5-106.5
is amended to read:
76-5-106.5
Effective
09/01/26
. Stalking -- Definitions -- Injunction -- Penalties
-- Duties of law enforcement officer.
(1)
(a)
As used in this section:
(i)
"Course of conduct" means two or more acts directed at or toward a specific
individual, including:
(A)
acts in which the actor follows, monitors, observes, photographs, surveils,
threatens, or communicates to or about an individual, or interferes with an
individual's property:
(I)
directly, indirectly, or through any third party; and
(II)
by any action, method, device, or means; or
(B)
when the actor engages in any of the following acts or causes someone else to
engage in any of these acts:
(I)
approaches or confronts an individual;
(II)
appears at the individual's workplace or contacts the individual's employer
or coworker;
(III)
appears at an individual's residence or contacts an individual's neighbor, or
enters property owned, leased, or occupied by an individual;
(IV)
sends material by any means to the individual or for the purpose of
obtaining or disseminating information about or communicating with the
individual to a member of the individual's family or household, employer,
coworker, friend, or associate of the individual;
(V)
places an object on or delivers an object to property owned, leased, or
occupied by an individual, or to the individual's place of employment with
the intent that the object be delivered to the individual; or
(VI)
uses a computer, the Internet, text messaging, or any other electronic
means to commit an act that is a part of the course of conduct.
(ii)
(A)
"Emotional distress" means significant mental or psychological suffering,
whether or not
medical or other professional treatment or counseling is
required.
(B)
"Emotional distress" includes significant mental or psychological suffering
resulting from harm to an animal.
(iii)
"Immediate family" means a spouse, parent, child, sibling, or any other
individual who regularly resides in the household or who regularly resided in the
household within the prior six months.
(iv)
"Private investigator" means the same as that term is defined in Section
76-12-305
.
(v)
"Reasonable person" means a reasonable person in the victim's circumstances.
(vi)
"Stalking" means an offense as described in Subsection
(2)
.
(vii)
"Text messaging" means a communication in the form of electronic text or one
or more electronic images sent by the actor from a telephone or computer to
another individual's telephone or computer by addressing the communication to
the recipient's telephone number.
(b)
Terms defined in Section
76-1-101.5
apply to this section.
(2)
An actor commits stalking if the actor intentionally or knowingly:
(a)
engages in a course of conduct directed at a specific individual and knows or is
reckless as to whether the course of conduct would cause a reasonable person:
(i)
to fear for the individual's own safety or the safety of a third individual; or
(ii)
to suffer other emotional distress; or
(b)
violates:
(i)
a stalking injunction issued under Title 78B, Chapter 7, Part 7, Civil Stalking
Injunctions; or
(ii)
a permanent criminal stalking injunction issued under Title 78B, Chapter 7, Part 9,
Criminal Stalking Injunctions.
(3)
(a)
A violation of Subsection
(2)
is a class A misdemeanor:
(i)
upon the actor's first violation of Subsection
(2)
; or
(ii)
if the actor violated a stalking injunction issued under Title 78B, Chapter 7, Part 7,
Civil Stalking Injunctions.
(b)
Notwithstanding Subsection
(3)(a)
, a violation of Subsection
(2)
is a third degree
felony if the actor:
(i)
has been previously convicted of an offense of stalking;
(ii)
has been previously convicted in another jurisdiction of an offense that is
substantially similar to the offense of stalking;
(iii)
has been previously convicted of any felony offense in Utah or of any crime in
another jurisdiction which if committed in Utah would be a felony, in which the
victim of the stalking offense or a member of the victim's immediate family was
also a victim of the previous felony offense;
(iv)
violated a permanent criminal stalking injunction issued under Title 78B,
Chapter 7, Part 9, Criminal Stalking Injunctions; or
(v)
has been or is at the time of the offense a cohabitant, as defined in Section
78B-7-102
, of the victim.
(c)
Notwithstanding Subsection
(3)(a)
or
(b)
, a violation of Subsection
(2)
is a second
degree felony if the actor:
(i)
used a dangerous weapon or used other means or force likely to produce death or
serious bodily injury, in the commission of the crime of stalking;
(ii)
has been previously convicted two or more times of the offense of stalking;
(iii)
has been convicted two or more times in another jurisdiction or jurisdictions of
offenses that are substantially similar to the offense of stalking;
(iv)
has been convicted two or more times, in any combination, of offenses under
Subsection
(3)(b)(i)
, (ii), or (iii);
(v)
has been previously convicted two or more times of felony offenses in Utah or of
crimes in another jurisdiction or jurisdictions which, if committed in Utah, would
be felonies, in which the victim of the stalking was also a victim of the previous
felony offenses; or
(vi)
has been previously convicted of an offense under Subsection
(3)(b)(iv)
or
(v)
.
(4)
In a prosecution under this section, it is not a defense that the actor:
(a)
was not given actual notice that the course of conduct was unwanted; or
(b)
did not intend to cause the victim fear or other emotional distress.
(5)
An offense of stalking may be prosecuted under this section in any jurisdiction where
one or more of the acts that is part of the course of conduct was initiated or caused an
effect on the victim.
(6)
(a)
Except as provided in Subsection
(6)(b)
, an actor does not violate this section if:
(i)
the actor is acting:
(A)
in the actor's official capacity as a law enforcement officer, governmental
investigator, or private investigator; and
(B)
for a legitimate official or business purpose; or
(ii)
(A)
the actor is the owner of a business;
(B)
the actor engages in a course of conduct that is reasonable and necessary to
protect the actor's ownership interest in the business;
(C)
the conduct is not directed at a cohabitant, as that term is defined in Section
78B-7-102
; and
(D)
the actor's conduct does not violate any other provision of this code.
(b)
A private investigator is not exempt from this section if the private investigator
engages in conduct that would constitute a ground for
disciplinary action
the denial
of a license
under Section
53-9-118
58-92-401
.
(7)
(a)
A permanent criminal stalking injunction limiting the contact between the actor
and victim may be filed in accordance with Section
78B-7-902
.
(b)
This section does not preclude the filing of criminal information for stalking based
on the same act which is the basis for the violation of the stalking injunction issued
under Title 78B, Chapter 7, Part 7, Civil Stalking Injunctions, or a permanent
criminal stalking injunction issued under Title 78B, Chapter 7, Part 9, Criminal
Stalking Injunctions.
(8)
(a)
A law enforcement officer who responds to an allegation of stalking shall use all
reasonable means to protect the victim and prevent further violence, including:
(i)
taking action that, in the officer's discretion, is reasonably necessary to provide for
the safety of the victim and any family or household member;
(ii)
confiscating the weapon or weapons involved in the alleged stalking;
(iii)
making arrangements for the victim and any child to obtain emergency housing
or shelter;
(iv)
providing protection while the victim removes essential personal effects;
(v)
arranging, facilitating, or providing for the victim and any child to obtain medical
treatment; and
(vi)
arranging, facilitating, or providing the victim with immediate and adequate
notice of the rights of victims and of the remedies and services available to
victims of stalking, in accordance with Subsection
(8)(b)
.
(b)
(i)
A law enforcement officer shall give written notice to the victim in simple
language, describing the rights and remedies available under this section and Title
78B, Chapter 7, Part 7, Civil Stalking Injunctions.
(ii)
The written notice shall also include:
(A)
a statement that the forms needed in order to obtain a stalking injunction are
available from the court clerk's office in the judicial district where the victim
resides or is temporarily domiciled; and
(B)
a list of shelters, services, and resources available in the appropriate
community, together with telephone numbers, to assist the victim in accessing
any needed assistance.
(c)
If a weapon is confiscated under this Subsection
(8)
, the law enforcement agency
shall return the weapon to the individual from whom the weapon is confiscated if a
stalking injunction is not issued or once the stalking injunction is terminated.
Section 53. Section
76-12-305
is amended to read:
76-12-305
Effective
09/01/26
. Unlawful installation of a tracking device.
(1)
(a)
As used in this section:
(i)
"Jail release court order" means the same as that term is defined in Section
78B-7-801
.
(i)
(ii)
"Motor vehicle" means the same as that term is defined in Subsection
41-12a-103(4)
.
(ii)
(iii)
"Private investigator" means an individual who is:
(A)
licensed as a private investigator under
Title 53, Chapter 9, Private
Investigator Regulation Act
Title 58, Chapter 92, Private Investigation
Licensing Act
; and
(B)
acting in the capacity of a private investigator.
(iii)
(iv)
"Protective order" means a protective order, stalking injunction,
or
restraining order
, or jail release court order
issued by a court of any jurisdiction.
(iv)
(v)
(A)
"Tracking device" means a device used for the primary purpose of
revealing the device's location or movement by the transmission or recording
of an electronic signal.
(B)
"Tracking device" does not include location technology installed on a vehicle
by the vehicle manufacturer or a commercial vehicle dealer that transmits
electronic signals for the purpose of data collection, if the data collection is
anonymized.
(b)
Terms defined in Sections
76-1-101.5
,
76-12-101
, and
76-12-301
apply to this
section.
(2)
Except as provided in Subsection
(4)
, an actor commits unlawful installation of a
tracking device if the actor knowingly installs, or directs another to install, a tracking
device on a motor vehicle owned or leased by another person, without the permission of
the owner or lessee of the vehicle.
(3)
A violation of Subsection
(2)
is a class A misdemeanor.
(4)
An actor does not commit a violation of Subsection
(2)
if the actor:
(a)
(i)
is a licensed private investigator installing the tracking device for a legitimate
business purpose; and
(ii)
installs the tracking device on a motor vehicle that is not:
(A)
owned or leased by an individual under the protection of a protective order; or
(B)
operated by an individual under the protection of a protective order who
resides with
, or is an immediate family member of,

the owner or lessee of the
motor vehicle; or
(b)
installs the tracking device
pursuant to
in accordance with
a court order.
(5)
This section does not apply to a peace officer, acting in the peace officer's official
capacity, who installs a tracking device on a motor vehicle in the course of a criminal
investigation or
pursuant to
in accordance with
a court order.
(6)
Before installing a tracking device on a motor vehicle under Subsection
(4)
, a private
investigator shall request confirmation from a state entity
, including a law enforcement
agency, the Bureau of Criminal Identification, or a court,
with access to
updated
protective order records, that:
(a)
the owner or lessee of the vehicle is not under the protection of a protective order; and
(b)
an individual who resides with
, or is an immediate family member of,
the owner or
lessee of the motor vehicle is not under the protection of a protective order.
(7)
On request from a licensed private investigator, a state entity, including a law
enforcement agency
, the Bureau of Criminal Identification, or a court
, with access to
protective order records shall confirm or deny the existence of a protective order,
disclosing only whether an individual named by the private investigator is under the
protection of a protective order issued in any jurisdiction.
(8)
A private investigator may not disclose the information obtained under Subsection
(7)
to
any person, except as permitted by law.
(9)
On request from the
Bureau of Criminal Identification
Division of Professional
Licensing
, a private investigator who installs a tracking device on a motor vehicle shall
disclose the purpose of the tracking device to the
Bureau of Criminal Identification
Division of Professional Licensing
.
(10)
(a)
A person, or the heirs of a deceased person, who has been injured by a violation
of this section may bring an action against the actor who committed the violation.
(b)
If in the action described in Subsection
(10)(a)
the court finds the defendant is
violating or has violated any of the provisions of this section, the court shall enjoin
the defendant from a continued violation.
(c)
It is not necessary that actual damages to the plaintiff be alleged or proved, but if
damages are alleged and proved, the plaintiff in the action is entitled to recover from
the defendant the actual damages sustained, if any, in addition to injunctive relief.
(d)
A finding that the defendant is in violation of this section entitles the plaintiff to an
award of reasonable attorney fees.
(e)
Exemplary damages may be awarded when the violation is found to be malicious.
Section 54. Section
77-20-503
is amended to read:
77-20-503
Effective
09/01/26
. Surrender of defendant by surety -- Arrest of
defendant.
(1)
(a)
(i)
A surety may at any time prior to a defendant's failure to appear, surrender
the defendant and obtain an exoneration of the bail bond by notifying the clerk of
the court in which the bail bond was posted of the defendant's surrender and
requesting exoneration.
(ii)
Notification shall be made immediately following the surrender by mail, email, or
fax.
(b)
To effect surrender of the defendant, a certified copy of the surety's bail bond from
the court in which the bail bond was posted or a copy of the bail bond agreement with
the defendant shall be delivered to the on-duty jailer, who shall:
(i)
detain the defendant in the on-duty jailer's custody as upon a commitment; and
(ii)
in writing acknowledge the surrender upon the copy of the bail bond or bail bond
agreement.
(c)
The certified copy of the bail bond or copy of the bail bond agreement upon which
the acknowledgment of surrender is endorsed shall be filed with the court.
(d)
Upon a filing described in Subsection
(1)(c)
, the court, upon proper application, may:
(i)
exonerate the bail bond; and
(ii)
order a refund of any paid premium, or part of a premium, as the court finds just.
(2)
For the purpose of surrendering the defendant, the surety may:
(a)
arrest the defendant:
(i)
at any time before the defendant is finally exonerated; and
(ii)
at any place within the state; and
(b)
surrender the defendant to any county jail booking facility in Utah.
(3)
An arrest under this section is not a basis for exoneration of the bail bond under Section
77-20-504
.
(4)
A surety acting under this section is subject to
Title 53, Chapter 11, Bail Bond
Recovery Act
Title 58, Chapter 93, Bail Bond Licensing Act
.
Section 55. Section
78B-6-812
is amended to read:
78B-6-812
Effective
09/01/26
. Order of restitution -- Service -- Enforcement --
Disposition of personal property -- Hearing.
(1)
As used in this section:
(a)
"Personal animal" means a domestic dog, cat, rabbit, bird, or other animal that is kept
solely as a pet and is not a production animal.
(b)
(i)
"Production animal" means a live, nonhuman vertebrate member of the
biological kingdom Animalia used for the purpose of producing, or being sold to
another for the purpose of producing, food, fiber, or another commercial product.
(ii)
"Production animal" includes:
(A)
cattle;
(B)
sheep;
(C)
goats;
(D)
swine;
(E)
poultry;
(F)
ratites;
(G)
equines;
(H)
domestic cervidae;
(I)
cameliadae;
(J)
a guard dog;
(K)
a stock dog;
(L)
a livestock guardian dog; and
(M)
a fur bearing animal kept for the purpose of commercial fur production.
(2)
An order of restitution shall:
(a)
direct the defendant to vacate the premises, remove the defendant's personal
property, and restore possession of the premises to the plaintiff, or be forcibly
removed by a sheriff or constable;
(b)
advise the defendant that the defendant has three calendar days after service of the
order to vacate the premises, unless:
(i)
a constable or sheriff of the county where the premises are located immediately
returns possession of the property to the plaintiff as described in Subsection
78B-6-810(3)(d)
;
(ii)
the plaintiff and defendant agree otherwise; or
(iii)
the court issues an order in accordance with Subsection
78B-6-810(4)
; and
(c)
advise the defendant of the defendant's right to a hearing to contest the manner of the
order of restitution's enforcement.
(3)
(a)
A person authorized to serve process under Subsection
78B-8-302(2)
78B-8-302(3)
shall serve, in accordance with Section
78B-6-805
, a copy of the order
of restitution and a form for the defendant to request a hearing as listed on the form.
(b)
A defendant's request for hearing or other pleading may not stay enforcement of the
restitution order unless:
(i)
the defendant furnishes a corporate bond, cash bond, certified funds, or a property
bond to the clerk of the court in an amount approved by the court according to
Subsection
78B-6-808(4)(b)
; and
(ii)
the court orders that the restitution order be stayed.
(c)
The person serving the order and the form shall legibly write the date of service and
the person's name, title, signature, and telephone number on the copy of the order and
the form served on the defendant.
(d)
The person serving the order and the form shall file proof of service in accordance
with Rule 4(e), Utah Rules of Civil Procedure.
(4)
(a)
If the defendant fails to comply with the order within the time prescribed by the
court, a sheriff or constable at the plaintiff's direction may enter the premises by force
using the least destructive means possible to remove the defendant.
(b)
(i)
The sheriff or constable may remove personal property remaining in the leased
property from the premises and transport the personal property to a suitable
location for safe storage.
(ii)
(A)
The sheriff or constable may delegate responsibility for inventory, moving,
and storage to the plaintiff.
(B)
If the sheriff or constable delegates responsibility as described in this
Subsection
(4)(b)(ii)
, the plaintiff shall store the personal property in a suitable
place and in a reasonable manner.
(c)
A tenant may not access the property until the tenant pays the removal and storage
costs in full, except that the landlord, sheriff, or constable shall provide the tenant
reasonable access to the property within five business days after the day on which the
sheriff or constable removes the tenant to retrieve:
(i)
clothing;
(ii)
identification;
(iii)
financial documents, including all those related to the tenant's immigration status
or employment status;
(iv)
documents pertaining to receipt of public services; and
(v)
medical information, prescription medications, and any medical equipment
required for maintenance of medical needs.
(d)
The personal property removed and stored is considered abandoned property and
subject to Section
78B-6-816
.
(e)
If a personal animal is on the premises, the sheriff or constable executing the order of
restitution shall give the personal animal to the tenant, if the tenant is present.
(f)
If the tenant is not present when the order of restitution is enforced:
(i)
the sheriff, constable, or landlord shall notify the local animal control authority to
take custody of the personal animal;
(ii)
the animal control authority shall respond to take custody of the personal animal
within one business day after the day on which the sheriff, constable, or landlord
provides the notice described in Subsection
(4)(f)(i)
;
(iii)
the animal control authority or organization where the personal animal is taken
shall apply the same standards described in Section
11-46-103
;
(iv)
the landlord shall provide the animal control authority with the name and last
known contact information of the tenant; and
(v)
the animal control authority shall post a notice at the premises in a visible place
with the name and contact information of the animal control authority or
organization where the personal animal is taken.
(5)
(a)
In the event of a dispute concerning the manner of enforcement of the restitution
order, either party may file a request for a hearing.
(b)
The court shall:
(i)
set the matter for hearing:
(A)
within 10 calendar days after the day on which the defendant files the request
for a hearing; or
(B)
as soon as practicable, if the court is unable to set the matter within the time
described in Subsection
(5)(b)(i)(A)
; and
(ii)
provide notice of the hearing to the parties.
(6)
The Judicial Council shall draft the forms necessary to implement this section.
Section 56. Section
78B-8-302
is amended to read:
78B-8-302
Effective
09/01/26
. Process servers.
(1)
As used in this section:
(a)
"Private investigator agent" means the same as that term is defined in Section
58-92-101
.
(b)
"Private investigator apprentice" means the same as that term is defined in Section
58-92-101
.
(c)
"Private investigator registrant" means the same as that term is defined in Section
58-92-101
.
(1)
(2)
A complaint, a summons, or a subpoena may be served by an individual who is:
(a)
18 years old or older at the time of service; and
(b)
not a party to the action or a party's attorney.
(2)
(3)
Except as provided in Subsection
(5)
(6)
, the following may serve all process
issued by the courts of this state:
(a)
a peace officer employed by a political subdivision of the state acting within the
scope and jurisdiction of the peace officer's employment;
(b)
a sheriff or appointed deputy sheriff employed by a county of the state;
(c)
a constable, or the constable's deputy, serving in compliance with applicable law;
(d)
an investigator employed by the state and authorized by law to serve civil process; or
(e)
a private investigator
agent, private investigator registrant, or private investigator
apprentice
licensed in accordance with
Title 53, Chapter 9, Private Investigator
Regulation Act
Title 58, Chapter 92, Private Investigation Licensing Act
.
(3)
(4)
A private investigator
agent, private investigator registrant, or private investigator
apprentice
licensed in accordance with
Title 53, Chapter 9, Private Investigator
Regulation Act
Title 58, Chapter 92, Private Investigation Licensing Act
, may not make
an arrest
pursuant to
a bench warrant.
(4)
(5)
While serving process, a private investigator
agent, private investigator registrant,
or private investigator apprentice
shall:
(a)
have on the investigator's body a visible form of credentials and identification
identifying:
(i)
the investigator's name;
(ii)
that the investigator is a licensed private investigator; and
(iii)
the name and address of the agency employing the investigator or, if the
investigator is self-employed, the address of the investigator's place of business;
(b)
(a)
verbally communicate to the person being served that the investigator is acting
as a process server; and
(c)
(b)
print on the first page of each document served
:

(i)
the
investigator's
private investigator agent's, private investigator registrant's, or
private investigator apprentice's
name and
identification
license
number as a
private investigator
; and
agent, private investigator registrant, or private
investigator apprentice.
(ii)
the address and phone number for the investigator's place of business.
(5)
(6)
The following may only serve process under this section when the use of force is
authorized on the face of the document, or when a breach of the peace is imminent or
likely under the totality of the circumstances:
(a)
a law enforcement officer, as defined in Section
53-13-103
; or
(b)
a special function officer, as defined in Section
53-13-105
, who is:
(i)
employed as an appointed deputy sheriff by a county of the state; or
(ii)
a constable.
(6)
(7)
The following may not serve process issued by a court:
(a)
an individual convicted of a felony violation of an offense that would result in the
individual being a sex offender under Subsection
53-29-202(2)(b)
; or
(b)
an individual who is a respondent in a proceeding described in Title 78B, Chapter 7,
Protective Orders and Stalking Injunctions, in which a court has granted the
petitioner a protective order.
(7)
(8)
An individual serving process shall:
(a)
legibly document the date and time of service on the front page of the document
being served;
(b)
legibly print the process server's name, address, and telephone number on the return
of service;
(c)
sign the return of service in substantial compliance with Title 78B, Chapter 18a,
Uniform Unsworn Declarations Act;
(d)
if the process server is a peace officer, sheriff, or deputy sheriff, legibly print the
badge number of the process server on the return of service; and
(e)
if the process server is a private investigator, legibly print the private investigator's
identification number on the return of service.
Section 57. Section
78B-8-303
is amended to read:
78B-8-303
Effective
09/01/26
. Recoverable rates.
If the rates charged by private process servers exceed the rates established by law for
service of process by persons under
Subsection
78B-8-302(1)
Section
78B-8-302
, the excess
charge may be recovered as costs of an action only if the court determines the service and
charge were justifiable under the circumstances.
Section 58.
Repealer.
Title.
Definitions.
Classification of licenses -- License required to act.
Qualifications for licensure.
Application for agency license -- Liability insurance -- Workers'
compensation.
Application for registrant or apprentice license.
License fees -- Renewal, reinstatement of license -- Deposit of fees in
General Fund.
Issuance of license and identification card to applicant -- License
period -- Expiration of application -- Transfer of license prohibited.
Grounds for denial of a license -- Appeal.
Business name and address -- Posting of license -- Advertising --
Incapacitation, death of agent.
Divulging investigative information -- False reports prohibited.
Authority to investigate complaint -- Filing of complaints -- Response
-- Retention of records -- Appeal -- Penalties collected.
Grounds for disciplinary action.
Violation -- Penalty.
Limited-use license.
Exemptions from licensure.
Title.
Definitions.
Commissioner of Public Safety administers -- Licensure --
Rulemaking.
Board.
Powers and duties of board.
Board meetings and hearings -- Quorum.
Licenses -- Classifications -- Prohibited acts.
Licensure -- Basic qualifications.
Licensure -- Bail enforcement agent.
Bail enforcement agent as agency -- Surety bond -- Workers'
compensation.
Licensure -- Bail recovery agent -- Requirements and limitations.
Licensure -- Bail recovery apprentices -- Requirements and
limitations.
Bail recovery agent and bail recovery apprentice licensure -- Surety
bond -- Fee -- Workers' compensation.
Licensure -- Qualification credit for specified training.
License fees -- Deposit in General Fund.
Issuance of license and card to applicant -- License period --
Expiration of application -- Transfer of license prohibited.
Identification cards.
Workers' compensation requirements for employees' licensure.
Grounds for denial of license -- Appeal.
Grounds for disciplinary action.
Requirement to identify employing agency.
False representation as a licensee -- Badge -- Identifying clothing.
Requirements during search and seizure -- Notification of law
enforcement agency.
Notification of local law enforcement.
Penalties.
Section 59.
Effective Date.
This bill takes effect on
September 1, 2026
.
3-11-26 3:27 PM