1. (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:

   1. (a) employs a qualifier;
   2. (b) employs one or more persons licensed under this chapter for wages or salary, and withholds all legally required deductions and contributions; or
   3. (c) contracts with a bail enforcement agent, bail recovery agent, or bail recovery apprentice on a part-time or case-by-case basis.

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

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

      1. (i) enforce the terms and conditions of a defendant's release on bail in a civil or criminal proceeding;
      2. (ii) apprehend a defendant or surrender a defendant to custody; or
      3. (iii) conduct an act described in Subsection (2)(a)(i) or (ii), as appropriate; and

   2. (b) who:

      1. (i) is appointed by a bail bond surety; and
      2. (ii) receives or is promised consideration for the individual's service.
3. (3) "Bail enforcement professional" means a person licensed under this chapter.

4. (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:

   1. (a) presenting a defendant for required court appearances;
   2. (b) apprehending or surrendering a defendant to a court; or
   3. (c) keeping the defendant under necessary surveillance.

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

   1. (a) is an employee of a licensed bail enforcement agent or bail recovery agent;
   2. (b) is adequately supervised by rules the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
   3. (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

   4. (d) may not:

      1. (i) advertise bail recovery services;
      2. (ii) provide bail recovery services directly to a member of the public; or
      3. (iii) employ or hire a bail enforcement agent, a bail recovery agent, or a bail recovery apprentice.
6. (6) "Board" means the Security Services Licensing Board created under Section 58-63-201.
7. (7) "Control position" means an individual that exercises direct or indirect control over a business entity regardless of form.

8. (8)

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

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

      1. (i) a plea of no contest or nolo contendere;
      2. (ii) a plea in abeyance; or
      3. (iii) an Alford plea.
9. (9) "D.B.A." means the same as that term is defined in Section 42-2-101.
10. (10) "Occupied structure" means a building, vehicle, or other structure that could reasonably be expected to house or shelter persons.

11. (11) "Qualifier" means an individual who:

    1. (a) holds a control position of a licensee under this chapter;
    2. (b) has satisfied the requirements to obtain a license under this chapter including possessing all necessary training and experience;
    3. (c) meets any additional license requirements the division establishes by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and

    4. (d)

       1. (i) is collectively and individually liable with the licensee for compliance with this chapter; and
       2. (ii) may be held fully responsible for a violation under this chapter, regardless of the liability of another person.

Enacted by Chapter 44, 2026 General Session