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7 LONG TITLE
8 General Description:
9 This bill modifies provisions regarding the licensing requirements of private
10 investigators.
11 Highlighted Provisions:
12 This bill:
13 ▸ modifies the number of hours of investigative experience and other requirements
14 that are required to apply for a private investigator agency license.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 53-9-108, as last amended by Laws of Utah 2014, Chapter 378
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23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 53-9-108 is amended to read:
25 53-9-108. Qualifications for licensure.
26 (1) (a) An applicant under this chapter shall be [
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28 (i) 21 years of age to apply for an agency license or a registrant license; or
29 (ii) 18 years of age to apply for an apprentice license.
30 (b) An applicant may not have been:
31 (i) convicted of a felony;
32 (ii) convicted of an act involving illegally using, carrying, or possessing a dangerous
33 weapon;
34 (iii) convicted of an act of personal violence or force on any person or convicted of
35 threatening to commit an act of personal violence or force against another person;
36 (iv) convicted of an act constituting dishonesty or fraud;
37 (v) convicted of an act involving moral turpitude within the past 10 years unless the
38 conviction has been expunged under the provisions of Title 77, Chapter 40, Utah Expungement
39 Act;
40 (vi) placed on probation or parole;
41 (vii) named in an outstanding arrest warrant; or
42 (viii) convicted of illegally obtaining or disclosing private, controlled, or protected
43 records as provided in Section 63G-2-801.
44 (c) If previously or currently licensed in another state or jurisdiction, the applicant shall
45 be in good standing within that state or jurisdiction.
46 (2) In assessing if an applicant meets the requirements under Subsection (1)(b), the
47 board shall consider mitigating circumstances presented by an applicant.
48 (3) (a) An applicant for an agency license shall have:
49 (i) a minimum of [
50 actual work performed as a licensed private investigator, an investigator in the private sector,
51 an investigator for the federal government, or an investigator for a state, county, or municipal
52 government; or
53 (ii) if the applicant held a registrant license or an apprentice license under this chapter
54 on or before May 1, 2010, a minimum of 2,000 hours of investigative experience that consists
55 of actual work performed as a licensed private investigator, an investigator in the private
56 sector, an investigator for the federal government, or an investigator for a state, county, or
57 municipal government.
58 (b) An applicant for a registrant license shall have a minimum of 2,000 hours of
59 investigative experience that consists of actual investigative work performed as a licensed
60 private investigator, an investigator in the private sector, an investigator for the federal
61 government, an investigator for a state, county, or municipal government, or a process server.
62 (c) At least [
63 Subsection (3) shall have been performed within 10 years immediately prior to the application.
64 (d) An applicant shall substantiate investigative work experience required under this
65 Subsection (3) by providing:
66 (i) the exact details as to the character and nature of the investigative work on a form
67 prescribed by the bureau and certified by the applicant's employers; or
68 (ii) if the applicant is applying for the reinstatement of an agency license, internal
69 records of the applicant that demonstrate the investigative work experience requirement has
70 previously been met.
71 (e) (i) The applicant shall prove completion of the investigative experience required
72 under this Subsection (3) to the satisfaction of the board and the board may independently
73 verify the certification offered on behalf of the applicant.
74 (ii) The board may independently confirm the claimed investigative experience and the
75 verification of the applicant's employers.
76 (4) An applicant for an apprentice license, lacking the investigative experience required
77 for a registrant license, shall meet all of the qualification standards in Subsection (1), and shall
78 complete an apprentice application.
79 (5) An applicant for an agency or registrant license may receive credit toward the hours
80 of investigative experience required under Subsection (3) as follows:
81 (a) an applicant may receive credit for 2,000 hours of investigative experience if the
82 applicant:
83 (i) has an associate's degree in criminal justice or police science from an accredited
84 college or university; or
85 (ii) is certified as a peace officer; and
86 (b) an applicant may receive credit for 4,000 hours of investigative experience if the
87 applicant has a bachelor's degree in criminal justice or police science from an accredited
88 college or university.
89 (6) The board shall determine if the applicant may receive credit under Subsection (5)
90 toward the investigative and educational experience requirements under Subsection (3).
91 (7) An applicant for the renewal of a license under this chapter shall be a legal resident
92 of this state.
Legislative Review Note
Office of Legislative Research and General Counsel