Second Substitute S.B. 15

This document includes House Committee Amendments incorporated into the bill on Mon, Feb 18, 2008 at 1:50 PM by ddonat. -->

Senator Carlene M. Walker proposes the following substitute bill:

1 DRIVING UNDER THE INFLUENCE
2 AMENDMENTS
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Carlene M. Walker
6 House Sponsor: Paul Ray
7
8 LONG TITLE
9 General Description:
10 This bill amends provisions relating to driving under the influence.
11 Highlighted Provisions:
12 This bill:
13 . amends definitions;
14 . enacts an impaired driving plea;
15 . provides that a plea to a driving under the influence violation for an offense
16 committed on or after July 1, 2008 may be entered as an impaired driving
17 conviction in certain circumstances;
18 . provides that an impaired driving violation is a class B misdemeanor;
19 . provides requirements for a court entering a conviction of impaired driving in
20 certain circumstances;
21 . requires the court to notify the Driver License Division of an impaired driving
22 conviction;
23 . provides sentencing requirements for impaired driving convictions;
24 . provides that certain plea requirements when the prosecution agrees to a plea of
25 guilty or no contest to an alcohol or drug-related reckless charge in satisfaction or

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House Committee Amendments 2-18-2008 dd/sch 26

substitute of an original charge of driving under the influence only apply to an offense
27 committed before July 1, 2008;
28 . clarifies that certain license reinstatement provisions only apply to a certain 90 day
29 suspension period imposed by the Driver License Division;
30 . increases the administrative impound fee for a driving under the influence violation
31 impound; and
32 . makes technical changes.
33 Monies Appropriated in this Bill:
34 This bill appropriates:
35 . as an ongoing appropriation subject to future budget constraints, $660,000 from the
36 General Fund for fiscal year 2008-09 to the Department of Public Safety, Utah
37 Highway Patrol; and
38 . as an ongoing appropriation subject to future budget constraints, $660,000 from the
39 General Fund for fiscal year 2008-09 to the Department of Public Safety, Liquor
40 Law Enforcement Program.
41 Other Special Clauses:
42 This bill provides an effective date.
43 Utah Code Sections Affected:
44 AMENDS:
45 41-6a-501, as enacted by Laws of Utah 2005, Chapter 2
46 41-6a-510, as renumbered and amended by Laws of Utah 2005, Chapter 2
47 41-6a-512, as enacted by Laws of Utah 2005, Chapter 2
48 41-6a-518.2, as enacted by Laws of Utah 2006, Chapter 341
49 41-6a-529, as last amended by Laws of Utah 2007, Chapter 261
50 41-6a-1406, as last amended by Laws of Utah 2005, Chapter 56 and renumbered and
51 amended by Laws of Utah 2005, Chapter 2
52 53-3-220, as last amended by Laws of Utah 2007, Chapter 261
53 53-3-223, as last amended by Laws of Utah 2007, Chapter 261
53a H. 76-5-207, as last amended by Laws of Utah 2006, Chapter 341 .H
54 76-10-528, as last amended by Laws of Utah 2005, Chapter 2
55 ENACTS:
56 41-6a-502.5, Utah Code Annotated 1953

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House Committee Amendments 2-18-2008 dd/sch 57

58 Be it enacted by the Legislature of the state of Utah:
59 Section 1. Section 41-6a-501 is amended to read:
60 41-6a-501. Definitions.
61 (1) As used in this part:
62 (a) "Assessment" means an in-depth clinical interview with a licensed mental health
63 therapist:
64 (i) used to determine if a person is in need of:
65 (A) substance abuse treatment that is obtained at a substance abuse program;
66 (B) an educational series; or
67 (C) a combination of Subsections (1)(a)(i)(A) and (B); and
68 (ii) that is approved by the Board of Substance Abuse and Mental Health in accordance
69 with Section 62A-15-105 .
70 (b) "Drug" or "drugs" means H. :
70a (i) a controlled substance as defined in Section 58-37-2;
70b (ii) a drug as defined in Section 58-17b-102; or
70c (iii) .H any substance that, when H. knowingly, intentionally, or recklessly .H
70d taken into the human body, can
71 impair the ability of a person to safely operate a motor vehicle.
72 [(b)] (c) "Educational series" means an educational series obtained at a substance abuse
73 program that is approved by the Board of Substance Abuse and Mental Health in accordance
74 with Section 62A-15-105 .
75 [(c)] (d) "Negligence" means simple negligence, the failure to exercise that degree of
76 care that an ordinarily reasonable and prudent person exercises under like or similar
77 circumstances.
78 [(d)] (e) "Screening" means a preliminary appraisal of a person:
79 (i) used to determine if the person is in need of:
80 (A) an assessment; or
81 (B) an educational series; and
82 (ii) that is approved by the Board of Substance Abuse and Mental Health in accordance
83 with Section 62A-15-105 .
84 [(e)] (f) "Serious bodily injury" means bodily injury that creates or causes:
85 (i) serious permanent disfigurement;
86 (ii) protracted loss or impairment of the function of any bodily member or organ; or
87 (iii) a substantial risk of death.

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- 4 - 88 [(f)] (g) "Substance abuse treatment" means treatment obtained at a substance abuse
89 program that is approved by the Board of Substance Abuse and Mental Health in accordance
90 with Section 62A-15-105 .
91 [(g)] (h) "Substance abuse treatment program" means a state licensed substance abuse
92 program.
93 [(h)] (i) (i) "Vehicle" or "motor vehicle" means a vehicle or motor vehicle as defined in
94 Section 41-6a-102 ; and
95 (ii) "Vehicle" or "motor vehicle" includes:
96 (A) an off-highway vehicle as defined under Section 41-22-2 ; and
97 (B) a motorboat as defined in Section 73-18-2 .
98 (2) As used in Section 41-6a-503 :
99 (a) "Conviction" means any conviction for a violation of:
100 (i) driving under the influence under Section 41-6a-502 ;
101 (ii) (A) for an offense committed before July 1, 2008, alcohol, any drug, or a
102 combination of both-related reckless driving under [Sections]:
103 (I) Section 41-6a-512 ; and
104 (II) Section 41-6a-528 ; or
105 (B) for an offense committed on or after July 1, 2008, impaired driving under Section
106 41-6a-502.5 ;
107 (iii) driving with any measurable controlled substance that is taken illegally in the body
108 under Section 41-6a-517 ;
109 (iv) local ordinances similar to Section 41-6a-502 [or], alcohol, any drug, or a
110 combination of both-related reckless driving, or impaired driving under Section 41-6a-502.5
111 adopted in compliance with Section 41-6a-510 ;
112 (v) automobile homicide under Section 76-5-207 ;
113 (vi) Subsection 58-37-8 (2)(g);
114 (vii) a violation described in Subsections (2)(a)(i) through (vi), which judgment of
115 conviction is reduced under Section 76-3-402 ; or
116 (viii) statutes or ordinances previously in effect in this state or in effect in any other
117 state, the United States, or any district, possession, or territory of the United States which
118 would constitute a violation of Section 41-6a-502 or alcohol, any drug, or a combination of

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House Committee Amendments 2-18-2008 dd/sch 119

both-related reckless driving if committed in this state, including punishments administered
120 under 10 U.S.C. Sec. 815.
121 (b) A plea of guilty or no contest to a violation described in Subsections (2)(a)(i)
122 through (viii) which plea [is] was held in abeyance under Title 77, Chapter 2a, Pleas in
123 Abeyance, prior to July 1, 2008, is the equivalent of a conviction, even if the charge has been
124 subsequently reduced or dismissed in accordance with the plea in abeyance agreement, for
125 purposes of:
126 (i) enhancement of penalties under:
127 (A) this Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving; and
128 (B) automobile homicide under Section 76-5-207 ; and
129 (ii) expungement under Section 77-18-12 .
130 Section 2. Section 41-6a-502.5 is enacted to read:
131 41-6a-502.5. Impaired driving -- Penalty -- Sentencing requirements.
132 (1) With the agreement of the prosecutor, a plea to a class B misdemeanor violation of
133 Section 41-6a-502 committed on or after July 1, 2008 H. , .H may be entered as a conviction of
134 impaired driving under this section if:
135 (a) the defendant completes court ordered probation requirements; or
136 (b) (i) the prosecutor agrees as part of a negotiated plea; and
137 (ii) the court finds the plea to be in the interest of justice.
138 (2) A conviction entered under this section is a class B misdemeanor.
139 (3) (a) (i) If the entry of an impaired driving plea is based on successful completion of
140 probation under Subsection (1)(a), the court shall enter the conviction at the time of
140a H. the .H plea.
141 (ii) If the defendant fails to appear before the court and establish successful completion
142 of the court ordered probation requirements under Subsection (1)(a), the court shall enter an
143 amended conviction of Section 41-6a-502 .
144 (iii) The date of entry of the amended order under Subsection (3)(a)(ii) is the date of
145 conviction.
146 (b) The court may enter a conviction of impaired driving immediately under
147 Subsection (1)(b).
148 (4) For purposes of Section 76-3-402 , the entry of a plea to a class B misdemeanor
149 violation of Section 41-6a-502 as impaired driving under this section is a reduction of one

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- 6 - 150 degree.
151 (5) The court shall notify the Driver License Division of each conviction entered under
152 this section.
153 (6) (a) The provisions in Subsections 41-6a-505 (1), (2), and (3) that require a
154 sentencing court to order a convicted person to participate in a screening, an assessment, or an
155 educational series, or obtain substance abuse treatment or do a combination of those things,
156 apply to a conviction entered under this section.
157 (b) The court shall render the same order regarding screening, assessment, an
158 educational series, or substance abuse treatment in connection with a first, second, or
159 subsequent conviction under this section as the court would render in connection with applying
160 respectively, the first, second, or subsequent conviction requirements of Subsection
161 41-6a-505 (1), (2), or (3).
162 Section 3. Section 41-6a-510 is amended to read:
163 41-6a-510. Local DUI and related ordinances and reckless driving and impaired
164 driving ordinances -- Consistent with code.
165 (1) An ordinance adopted by a local authority that governs the following matters shall
166 be consistent with the provisions in this code which govern the following matters:
167 (a) a person's operating or being in actual physical control of a motor vehicle while
168 having alcohol in the blood or while under the influence of alcohol or any drug or the
169 combined influence of alcohol and any drug; or
170 (b) in relation to any of the matters described in Subsection (1)(a), the use of:
171 (i) a chemical test or chemical tests;
172 (ii) evidentiary presumptions;
173 (iii) penalties; or
174 (iv) any combination of the matters described in Subsection (1).
175 (2) An ordinance adopted by a local authority that governs reckless driving, impaired
176 driving, or operating a vehicle in willful or wanton disregard for the safety of persons or
177 property shall be consistent with the provisions of this code which govern those matters.
178 Section 4. Section 41-6a-512 is amended to read:
179 41-6a-512. Factual basis for alcohol or drug-related reckless driving plea.
180 (1) (a) The prosecution shall state for the record a factual basis for a plea, including

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- 7 - 181 whether or not there had been consumption of alcohol, drugs, or a combination of both, by the
182 defendant in connection with the violation when the prosecution agrees to a plea of guilty or no
183 contest to a charge of a violation of the following in satisfaction of, or as a substitute for, an
184 original charge of a violation of Section 41-6a-502 for an offense committed before July 1,
185 2008:
186 (i) reckless driving under Section 41-6a-528 ; or
187 (ii) an ordinance enacted under Section 41-6a-510 .
188 (b) The statement under Subsection (1)(a) is an offer of proof of the facts that shows
189 whether there was consumption of alcohol, drugs, or a combination of both, by the defendant,
190 in connection with the violation.
191 (2) The court shall advise the defendant before accepting the plea offered under this
192 section of the consequences of a violation of Section 41-6a-528 .
193 (3) The court shall notify the Driver License Division of each conviction of Section
194 41-6a-528 entered under this section.
195 (4) (a) The provisions in Subsections 41-6a-505 (1), (2), and (3) that require a
196 sentencing court to order a convicted person to participate in a screening, an assessment, or an
197 educational series or obtain substance abuse treatment or do a combination of those things,
198 apply to a conviction for a violation of Section 41-6a-528 under Subsection (1).
199 (b) The court shall render the same order regarding screening, assessment, an
200 educational series, or substance abuse treatment in connection with a first, second, or
201 subsequent conviction under Section 41-6a-528 under Subsection (1), as the court would
202 render in connection with applying respectively, the first, second, or subsequent conviction
203 requirements of Subsections 41-6a-505 (1), (2), and (3).
204 Section 5. Section 41-6a-518.2 is amended to read:
205 41-6a-518.2. Interlock restricted driver -- Penalties for operation without ignition
206 interlock system.
207 (1) As used in this section:
208 (a) "ignition interlock system" means a constant monitoring device or any similar
209 device that:
210 (i) is in working order at the time of operation or actual physical control; and
211 (ii) is certified by the Commissioner of Public Safety in accordance with Subsection

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- 8 - 212 41-6a-518 (8); and
213 (b) (i) "interlock restricted driver" means a person who:
214 (A) has been ordered by a court or the Board of Pardons and Parole as a condition of
215 probation or parole not to operate a motor vehicle without an ignition interlock system;
216 (B) (I) within the last three years has been convicted of an offense that occurred after
217 May 1, 2006 which would be a conviction as defined under Section 41-6a-501 ; and
218 (II) the [conviction] offense described under Subsection (1)(b)(i)(B)(I) is committed
219 within ten years [of one or more prior convictions] from the date that one or more prior
220 offenses was committed if the prior offense resulted in a conviction as defined in Subsection
221 41-6a-501 (2);
222 (C) within the last three years has been convicted of a violation of this section;
223 (D) within the last three years has had the person's driving privilege revoked for refusal
224 to submit to a chemical test under Section 41-6a-520 , which refusal occurred after May 1,
225 2006;
226 (E) within the last three years has been convicted of a violation of Section 41-6a-502
227 and was under the age of 21 at the time the offense was committed;
228 [(E)] (F) within the last six years has been convicted of a felony violation of Section
229 41-6a-502 for an offense that occurred after May 1, 2006; or
230 [(F)] (G) within the last ten years has been convicted of automobile homicide under
231 Section 76-5-207 for an offense that occurred after May 1, 2006; and
232 (ii) "interlock restricted driver" does not include a person if:
233 (A) the person's conviction described in Subsection (1)(b)(i)(B)(I) is a conviction under
234 Section 41-6a-517 ; and
235 (B) all of the person's prior convictions described in Subsection (1)(b)(i)(B)(II) are
236 convictions under Section 41-6a-517 .
237 (2) For purposes of this section, a plea of guilty or no contest to a violation of Section
238 41-6a-502 which plea [is] was held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance,
239 prior to July 1, 2008, is the equivalent of a conviction, even if the charge has been subsequently
240 reduced or dismissed in accordance with the plea in abeyance agreement.
241 (3) An interlock restricted driver that operates or is in actual physical control of a
242 vehicle in this state without an ignition interlock system is guilty of a class B misdemeanor.

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- 9 - 243 (4) (a) It is an affirmative defense to a charge of a violation of Subsection (3) if:
244 (i) an interlock restricted driver:
245 (A) operated or was in actual physical control of a vehicle owned by the interlock
246 restricted driver's employer;
247 (B) had given written notice to the employer of the interlock restricted driver's
248 interlock restricted status prior to the operation or actual physical control under Subsection
249 (4)(a)(i); and
250 (C) had on the interlock restricted driver's person or in the vehicle at the time of
251 operation or physical control proof of having given notice to the interlock restricted driver's
252 employer; and
253 (ii) the operation or actual physical control under Subsection (4)(a)(i)(A) was in the
254 scope of the interlock restricted driver's employment.
255 (b) The affirmative defense under Subsection (4)(a) does not apply to:
256 (i) an employer-owned motor vehicle that is made available to an interlock restricted
257 driver for personal use; or
258 (ii) a motor vehicle owned by a business entity that is all or partly owned or controlled
259 by the interlock restricted driver.
260 Section 6. Section 41-6a-529 is amended to read:
261 41-6a-529. Definitions -- Alcohol restricted drivers.
262 (1) As used in this section and Section 41-6a-530 , "alcohol restricted driver" means a
263 person who:
264 (a) within the last two years:
265 (i) has been convicted of:
266 (A) a misdemeanor violation of Section 41-6a-502 ;
267 (B) alcohol, any drug, or a combination of both-related reckless driving under Section
268 41-6a-512 ;
269 (C) impaired driving under Section 41-6a-502.5 ;
270 [(C)] (D) local ordinances similar to Section 41-6a-502 [or], alcohol, any drug, or a
271 combination of both-related reckless driving, or impaired driving adopted in compliance with
272 Section 41-6a-510 ;
273 [(D)] (E) a violation described in Subsections (1)(a)(i)(A) through [(C)] (D), which

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- 10 - 274 judgment of conviction is reduced under Section 76-3-402 ; or
275 [(E)] (F) statutes or ordinances previously in effect in this state or in effect in any other
276 state, the United States, or any district, possession, or territory of the United States which
277 would constitute a violation of Section 41-6a-502 [or], alcohol, any drug, or a combination of
278 both-related reckless driving, or impaired driving if committed in this state, including
279 punishments administered under 10 U.S.C. Sec. 815; or
280 (ii) has had the person's driving privilege suspended under Section 53-3-223 for an
281 alcohol-related offense based on an arrest which occurred on or after July 1, 2005;
282 (b) within the last three years has been convicted of a violation of this section or
283 Section 41-6a-518.2 ;
284 (c) within the last five years:
285 (i) has had the person's driving privilege revoked for refusal to submit to a chemical
286 test under Section 41-6a-520 , which refusal occurred on or after July 1, 2005; or
287 (ii) [(A)] has been convicted of [an offense described in Subsection (1)(a)(i); and] a
288 class A misdemeanor violation of Section 41-6a-502 committed on or after July 1, 2008;
289 [(B) at the time of operation or actual physical control of a vehicle the person:]
290 [(I) is 21 years of age or older; and]
291 [(II) has a passenger under 16 years of age in the vehicle;]
292 (d) within the last ten years:
293 (i) has been convicted of an offense described in Subsection (1)(a)(i) which
294 [conviction] offense was committed within ten years of [a prior conviction for an] the
295 commission of a prior offense described in Subsection (1)(a)(i) for which the person was
296 convicted; or
297 (ii) has had the person's driving privilege revoked for refusal to submit to a chemical
298 test and the refusal is within ten years after:
299 (A) a prior refusal to submit to a chemical test under Section 41-6a-520 ; or
300 (B) a prior conviction for an offense described in Subsection (1)(a)(i) which is not
301 based on the same arrest as the refusal; [or]
302 (e) at any time has been convicted of:
303 (i) automobile homicide under Section 76-5-207 for an offense that occurred on or
304 after July 1, 2005; or

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- 11 - 305 (ii) a felony violation of Section 41-6a-502 for an offense that occurred on or after July
306 1, 2005[.]; or
307 (f) at the time of operation of a vehicle is under 21 years of age.
308 (2) For purposes of this section and Section 41-6a-530 , a plea of guilty or no contest to
309 a violation described in Subsection (1)(a)(i) which plea [is] was held in abeyance under Title
310 77, Chapter 2a, Pleas in Abeyance, prior to July 1, 2008, is the equivalent of a conviction, even
311 if the charge has been subsequently reduced or dismissed in accordance with the plea in
312 abeyance agreement.
313 Section 7. Section 41-6a-1406 is amended to read:
314 41-6a-1406. Removal and impoundment of vehicles -- Reporting and notification
315 requirements -- Administrative impound fee -- Refunds -- Possessory lien -- Rulemaking.
316 (1) If a vehicle, vessel, or outboard motor is removed or impounded as provided under
317 Section 41-1a-1101 , 41-6a-527 , 41-6a-1405 , 41-6a-1408 , or 73-18-20.1 by an order of a peace
318 officer or by an order of a person acting on behalf of a law enforcement agency or highway
319 authority, the removal or impoundment of the vehicle, vessel, or outboard motor shall be at the
320 expense of the owner.
321 (2) The vehicle, vessel, or outboard motor under Subsection (1) shall be removed or
322 impounded to:
323 (a) a state impound yard; or
324 (b) if none, a garage, docking area, or other place of safety.
325 (3) The peace officer may move a vehicle, vessel, or outboard motor or cause it to be
326 removed by a tow truck motor carrier that meets standards established:
327 (a) under Title 72, Chapter 9, Motor Carrier Safety Act; and
328 (b) by the department under Subsection (10).
329 (4) (a) Immediately after the removal of the vehicle, vessel, or outboard motor, a report
330 of the removal shall be sent to the Motor Vehicle Division by:
331 (i) the peace officer or agency by whom the peace officer is employed; and
332 (ii) the tow truck operator or the tow truck motor carrier by whom the tow truck
333 operator is employed.
334 (b) The report shall be in a form specified by the Motor Vehicle Division and shall
335 include:

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- 12 - 336 (i) the operator's name, if known;
337 (ii) a description of the vehicle, vessel, or outboard motor;
338 (iii) the vehicle identification number or vessel or outboard motor identification
339 number;
340 (iv) the license number or other identification number issued by a state agency;
341 (v) the date, time, and place of impoundment;
342 (vi) the reason for removal or impoundment;
343 (vii) the name of the tow truck motor carrier who removed the vehicle, vessel, or
344 outboard motor; and
345 (viii) the place where the vehicle, vessel, or outboard motor is stored.
346 (c) Until the tow truck operator or tow truck motor carrier reports the removal as
347 required under this Subsection (4), a tow truck motor carrier or impound yard may not:
348 (i) collect any fee associated with the removal; and
349 (ii) begin charging storage fees.
350 (5) (a) Upon receipt of the report, the Motor Vehicle Division shall give notice to the
351 registered owner of the vehicle, vessel, or outboard motor and any lien holder in the manner
352 prescribed by Section 41-1a-114 .
353 (b) The notice shall:
354 (i) state the date, time, and place of removal, the name, if applicable, of the person
355 operating the vehicle, vessel, or outboard motor at the time of removal, the reason for removal,
356 and the place where the vehicle, vessel, or outboard motor is stored;
357 (ii) state that the registered owner is responsible for payment of towing, impound, and
358 storage fees charged against the vehicle, vessel, or outboard motor;
359 (iii) inform the registered owner of the vehicle, vessel, or outboard motor of the
360 conditions that must be satisfied before the vehicle, vessel, or outboard motor is released; and
361 (iv) inform the registered owner and lienholder of the division's intent to sell the
362 vehicle, vessel, or outboard motor, if within 30 days from the date of the removal or
363 impoundment under this section, the owner, lien holder, or the owner's agent fails to make a
364 claim for release of the vehicle, vessel, or outboard motor.
365 (c) If the vehicle, vessel, or outboard motor is not registered in this state, the Motor
366 Vehicle Division shall make a reasonable effort to notify the registered owner and any lien

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- 13 - 367 holder of the removal and the place where the vehicle, vessel, or outboard motor is stored.
368 (d) The Motor Vehicle Division shall forward a copy of the notice to the place where
369 the vehicle, vessel, or outboard motor is stored.
370 (6) (a) The vehicle, vessel, or outboard motor shall be released after the registered
371 owner, lien holder, or the owner's agent:
372 (i) makes a claim for release of the vehicle, vessel, or outboard motor at any office of
373 the State Tax Commission;
374 (ii) presents identification sufficient to prove ownership of the impounded vehicle,
375 vessel, or outboard motor;
376 (iii) completes the registration, if needed, and pays the appropriate fees;
377 (iv) if the impoundment was made under Section 41-6a-527 , pays an administrative
378 impound fee of [$230] $330; and
379 (v) pays all towing and storage fees to the place where the vehicle, vessel, or outboard
380 motor is stored.
381 (b) (i) Twenty-nine dollars of the administrative impound fee assessed under
382 Subsection (6)(a)(iv) shall be dedicated credits to the Motor Vehicle Division;
383 (ii) $97 of the administrative impound fee assessed under Subsection (6)(a)(iv) shall be
384 deposited in the Department of Public Safety Restricted Account created in Section 53-3-106 ;
385 and
386 (iii) the remainder of the administrative impound fee assessed under Subsection
387 (6)(a)(iv) shall be deposited in the General Fund.
388 (c) The administrative impound fee assessed under Subsection (6)(a)(iv) shall be
389 waived or refunded by the State Tax Commission if the registered owner, lien holder, or
390 owner's agent presents written evidence to the State Tax Commission that:
391 (i) the Driver License Division determined that the arrested person's driver license
392 should not be suspended or revoked under Section 53-3-223 or 41-6a-521 as shown by a letter
393 or other report from the Driver License Division presented within 30 days of the final
394 notification from the Driver License Division; or
395 (ii) the vehicle was stolen at the time of the impoundment as shown by a copy of the
396 stolen vehicle report presented within 30 days of the impoundment.
397 (7) (a) An impounded vehicle, vessel, or outboard motor not claimed by the registered

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- 14 - 398 owner or the owner's agent within the time prescribed by Section 41-1a-1103 shall be sold in
399 accordance with that section and the proceeds, if any, shall be disposed of as provided under
400 Section 41-1a-1104 .
401 (b) The date of impoundment is considered the date of seizure for computing the time
402 period provided under Section 41-1a-1103 .
403 (8) The registered owner who pays all fees and charges incurred in the impoundment of
404 the owner's vehicle, vessel, or outboard motor, has a cause of action for all the fees and
405 charges, together with damages, court costs, and attorney fees, against the operator of the
406 vehicle, vessel, or outboard motor whose actions caused the removal or impoundment.
407 (9) Towing, impound fees, and storage fees are a possessory lien on the vehicle, vessel,
408 or outboard motor.
409 (10) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
410 the department shall make rules setting the performance standards for towing companies to be
411 used by the department.
412 (11) (a) The Motor Vehicle Division may specify that a report required under
413 Subsection (4) be submitted in electronic form utilizing a database for submission, storage, and
414 retrieval of the information.
415 (b) (i) Unless otherwise provided by statute, the Motor Vehicle Division or the
416 administrator of the database may adopt a schedule of fees assessed for utilizing the database.
417 (ii) The fees under this Subsection (11)(b) shall:
418 (A) be reasonable and fair; and
419 (B) reflect the cost of administering the database.
420 Section 8. Section 53-3-220 is amended to read:
421 53-3-220. Offenses requiring mandatory revocation, denial, suspension, or
422 disqualification of license -- Offense requiring an extension of period -- Hearing --
423 Limited driving privileges.
424 (1) (a) The division shall immediately revoke or, when this chapter or Title 41, Chapter
425 6a, Traffic Code, specifically provides for denial, suspension, or disqualification, the division
426 shall deny, suspend, or disqualify the license of a person upon receiving a record of the person's
427 conviction for any of the following offenses:
428 (i) manslaughter or negligent homicide resulting from driving a motor vehicle, or

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- 15 - 429 automobile homicide under Section 76-5-207 ;
430 (ii) driving or being in actual physical control of a motor vehicle while under the
431 influence of alcohol, any drug, or combination of them to a degree that renders the person
432 incapable of safely driving a motor vehicle as prohibited in Section 41-6a-502 or as prohibited
433 in an ordinance that complies with the requirements of Subsection 41-6a-510 (1);
434 (iii) driving or being in actual physical control of a motor vehicle while having a blood
435 or breath alcohol content prohibited in Section 41-6a-502 or as prohibited in an ordinance that
436 complies with the requirements of Subsection 41-6a-510 (1);
437 (iv) perjury or the making of a false affidavit to the division under this chapter, Title
438 41, Motor Vehicles, or any other law of this state requiring the registration of motor vehicles or
439 regulating driving on highways;
440 (v) any felony under the motor vehicle laws of this state;
441 (vi) any other felony in which a motor vehicle is used to facilitate the offense;
442 (vii) failure to stop and render aid as required under the laws of this state if a motor
443 vehicle accident results in the death or personal injury of another;
444 (viii) two charges of reckless driving, impaired driving, or any combination of reckless
445 driving and impaired driving committed within a period of 12 months; but if upon a first
446 conviction of reckless driving or impaired driving the judge or justice recommends suspension
447 of the convicted person's license, the division may after a hearing suspend the license for a
448 period of three months;
449 (ix) failure to bring a motor vehicle to a stop at the command of a peace officer as
450 required in Section 41-6a-210 ;
451 (x) any offense specified in Part 4, Uniform Commercial Driver License Act, that
452 requires disqualification;
453 (xi) discharging or allowing the discharge of a firearm from a vehicle in violation of
454 Subsection 76-10-508 (2);
455 (xii) using, allowing the use of, or causing to be used any explosive, chemical, or
456 incendiary device from a vehicle in violation of Subsection 76-10-306 (4)(b);
457 (xiii) operating or being in actual physical control of a motor vehicle while having any
458 measurable controlled substance or metabolite of a controlled substance in the person's body in
459 violation of Section 41-6a-517 ;

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- 16 - 460 (xiv) until July 30, 2015, operating or being in actual physical control of a motor
461 vehicle while having any alcohol in the person's body in violation of Section 53-3-232 ;
462 (xv) operating or being in actual physical control of a motor vehicle while having any
463 measurable or detectable amount of alcohol in the person's body in violation of Section
464 41-6a-530 ;
465 (xvi) engaging in a motor vehicle speed contest or exhibition of speed on a highway in
466 violation of Section 41-6a-606 ; and
467 (xvii) operating or being in actual physical control of a motor vehicle in this state
468 without an ignition interlock system in violation of Section 41-6a-518.2 .
469 (b) The division shall immediately revoke the license of a person upon receiving a
470 record of an adjudication under Title 78, Chapter 3a, Juvenile Court Act of 1996, for any of the
471 following offenses:
472 (i) discharging or allowing the discharge of a firearm from a vehicle in violation of
473 Subsection 76-10-508 (2); and
474 (ii) using, allowing the use of, or causing to be used any explosive, chemical, or
475 incendiary device from a vehicle in violation of Subsection 76-10-306 (4)(b).
476 (c) Except when action is taken under Section 53-3-219 for the same offense, the
477 division shall immediately suspend for six months the license of a person upon receiving a
478 record of conviction for any of the following offenses:
479 (i) any violation of:
480 (A) Title 58, Chapter 37, Utah Controlled Substances Act;
481 (B) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
482 (C) Title 58, Chapter 37b, Imitation Controlled Substances Act;
483 (D) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act; or
484 (E) Title 58, Chapter 37d, Clandestine Drug Lab Act; or
485 (ii) any criminal offense that prohibits:
486 (A) possession, distribution, manufacture, cultivation, sale, or transfer of any substance
487 that is prohibited under the acts described in Subsection (1)(c)(i); or
488 (B) the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or
489 transfer any substance that is prohibited under the acts described in Subsection (1)(c)(i).
490 (2) The division shall extend the period of the first denial, suspension, revocation, or

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- 17 - 491 disqualification for an additional like period, to a maximum of one year for each subsequent
492 occurrence, upon receiving:
493 (a) a record of the conviction of any person on a charge of driving a motor vehicle
494 while the person's license is denied, suspended, revoked, or disqualified;
495 (b) a record of a conviction of the person for any violation of the motor vehicle law in
496 which the person was involved as a driver;
497 (c) a report of an arrest of the person for any violation of the motor vehicle law in
498 which the person was involved as a driver; or
499 (d) a report of an accident in which the person was involved as a driver.
500 (3) When the division receives a report under Subsection (2)(c) or (d) that a person is
501 driving while the person's license is denied, suspended, disqualified, or revoked, the person is
502 entitled to a hearing regarding the extension of the time of denial, suspension, disqualification,
503 or revocation originally imposed under Section 53-3-221 .
504 (4) (a) The division may extend to a person the limited privilege of driving a motor
505 vehicle to and from the person's place of employment or within other specified limits on
506 recommendation of the trial judge in any case where a person is convicted of any of the
507 offenses referred to in Subsections (1) and (2) except:
508 (i) automobile homicide under Subsection (1)(a)(i);
509 (ii) those offenses referred to in Subsections (1)(a)(ii), (a)(iii), (a)(xi), (a)(xii), (a)(xiii),
510 (1)(b), and (1)(c); and
511 (iii) those offenses referred to in Subsection (2) when the original denial, suspension,
512 revocation, or disqualification was imposed because of a violation of Section 41-6a-502 ,
513 41-6a-517 , a local ordinance which complies with the requirements of Subsection
514 41-6a-510 (1), Section 41-6a-520 , or Section 76-5-207 , or a criminal prohibition that the person
515 was charged with violating as a result of a plea bargain after having been originally charged
516 with violating one or more of these sections or ordinances.
517 (b) This discretionary privilege is limited to when undue hardship would result from a
518 failure to grant the privilege and may be granted only once to any individual during any single
519 period of denial, suspension, revocation, or disqualification, or extension of that denial,
520 suspension, revocation, or disqualification.
521 (c) A limited CDL may not be granted to an individual disqualified under Part 4,

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- 18 - 522 Uniform Commercial Driver License Act, or whose license has been revoked, suspended,
523 cancelled, or denied under this chapter.
524 Section 9. Section 53-3-223 is amended to read:
525 53-3-223. Chemical test for driving under the influence -- Temporary license --
526 Hearing and decision -- Suspension and fee -- Judicial review.
527 (1) (a) If a peace officer has reasonable grounds to believe that a person may be
528 violating or has violated Section 41-6a-502 , prohibiting the operation of a vehicle with a
529 certain blood or breath alcohol concentration and driving under the influence of any drug,
530 alcohol, or combination of a drug and alcohol or while having any measurable controlled
531 substance or metabolite of a controlled substance in the person's body in violation of Section
532 41-6a-517 , the peace officer may, in connection with arresting the person, request that the
533 person submit to a chemical test or tests to be administered in compliance with the standards
534 under Section 41-6a-520 .
535 (b) In this section, a reference to Section 41-6a-502 includes any similar local
536 ordinance adopted in compliance with Subsection 41-6a-510 (1).
537 (2) The peace officer shall advise a person prior to the person's submission to a
538 chemical test that a test result indicating a violation of Section 41-6a-502 or 41-6a-517 shall,
539 and the existence of a blood alcohol content sufficient to render the person incapable of safely
540 driving a motor vehicle may, result in suspension or revocation of the person's license to drive
541 a motor vehicle.
542 (3) If the person submits to a chemical test and the test results indicate a blood or
543 breath alcohol content in violation of Section 41-6a-502 or 41-6a-517 , or if a peace officer
544 makes a determination, based on reasonable grounds, that the person is otherwise in violation
545 of Section 41-6a-502 , a peace officer shall, on behalf of the division and within 24 hours of
546 arrest, give notice of the division's intention to suspend the person's license to drive a motor
547 vehicle.
548 (4) (a) When a peace officer gives notice on behalf of the division, the peace officer
549 shall:
550 (i) take the Utah license certificate or permit, if any, of the driver;
551 (ii) issue a temporary license certificate effective for only 29 days from the date of
552 arrest; and

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- 19 - 553 (iii) supply to the driver, in a manner specified by the division, basic information
554 regarding how to obtain a prompt hearing before the division.
555 (b) A citation issued by a peace officer may, if provided in a manner specified by the
556 division, also serve as the temporary license certificate.
557 (5) As a matter of procedure, a peace officer shall send to the division within ten
558 calendar days after the day on which notice is provided:
559 (a) the person's license certificate;
560 (b) a copy of the citation issued for the offense;
561 (c) a signed report in a manner specified by the division indicating the chemical test
562 results, if any; and
563 (d) any other basis for the peace officer's determination that the person has violated
564 Section 41-6a-502 or 41-6a-517 .
565 (6) (a) Upon request in a manner specified by the division, the division shall grant to
566 the person an opportunity to be heard within 29 days after the date of arrest. The request to be
567 heard shall be made within ten calendar days of the day on which notice is provided under
568 Subsection (5).
569 (b) (i) Except as provided in Subsection (6)(b)(ii), a hearing, if held, shall be before the
570 division in the county in which the arrest occurred.
571 (ii) The division may hold a hearing in some other county if the division and the person
572 both agree.
573 (c) The hearing shall be documented and shall cover the issues of:
574 (i) whether a peace officer had reasonable grounds to believe the person was driving a
575 motor vehicle in violation of Section 41-6a-502 or 41-6a-517 ;
576 (ii) whether the person refused to submit to the test; and
577 (iii) the test results, if any.
578 (d) (i) In connection with a hearing the division or its authorized agent:
579 (A) may administer oaths and may issue subpoenas for the attendance of witnesses and
580 the production of relevant books and papers; or
581 (B) may issue subpoenas for the attendance of necessary peace officers.
582 (ii) The division shall pay witness fees and mileage from the Transportation Fund in
583 accordance with the rates established in Section 78-46-28 .

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- 20 - 584 (e) The division may designate one or more employees to conduct the hearing.
585 (f) Any decision made after a hearing before any designated employee is as valid as if
586 made by the division.
587 (7) (a) If, after a hearing, the division determines that a peace officer had reasonable
588 grounds to believe that the person was driving a motor vehicle in violation of Section
589 41-6a-502 or 41-6a-517 , if the person failed to appear before the division as required in the
590 notice, or if a hearing is not requested under this section, the division shall suspend the person's
591 license or permit to operate a motor vehicle for a period of:
592 (i) 90 days beginning on the 30th day after the date of arrest for a first suspension; or
593 (ii) one year beginning on the 30th day after the date of arrest for a second or
594 subsequent suspension for an offense that occurred within the previous ten years.
595 (b) (i) Notwithstanding the provisions in Subsection (7)(a)(i), the division shall
596 reinstate a person's license prior to completion of the 90 day suspension period imposed under
597 Subsection (7)(a)(i) [if the person's charge for a violation of Section 41-6a-502 or 41-6a-517 is
598 reduced or dismissed]:
599 (A) immediately upon receiving written verification of the person's dismissal of a
600 charge for a violation of Section 41-6a-502 or 41-6a-517 , if the written verification is received
601 prior to completion of the suspension period[.]; or
602 [(ii) The division shall immediately reinstate a person's license upon receiving written
603 verification of the person's dismissal of a charge for a violation of Section 41-6a-502 or
604 41-6a-517 .]
605 [(iii) The division shall reinstate a person's license no sooner than 60 days beginning
606 on the 30th day after the date of arrest upon receiving written verification of the person's
607 reduction of a charge for a violation of Section 41-6a-502 or 41-6a-517 .]
608 (B) no sooner than 60 days beginning on the 30th day after the date of arrest upon
609 receiving written verification of the person's reduction of a charge for a violation of Section
610 41-6a-502 or 41-6a-517 , if the written verification is received prior to completion of the
611 suspension period.
612 [(iv)] (ii) If a person's license is reinstated under this Subsection (7)(b), the person is
613 required to pay the license reinstatement fees under Subsections 53-3-105 (29) and (30).
614 (iii) The driver license reinstatements authorized under this Subsection (7)(b) only

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House Committee Amendments 2-18-2008 dd/sch 615

apply to a 90 day suspension period imposed under Subsection (7)(a)(i).
616 (8) (a) The division shall assess against a person, in addition to any fee imposed under
617 Subsection 53-3-205 (13) for driving under the influence, a fee under Section 53-3-105 to cover
618 administrative costs, which shall be paid before the person's driving privilege is reinstated. This
619 fee shall be cancelled if the person obtains an unappealed division hearing or court decision
620 that the suspension was not proper.
621 (b) A person whose license has been suspended by the division under this section
622 following an administrative hearing may file a petition within 30 days after the suspension for a
623 hearing on the matter which, if held, is governed by Section 53-3-224 .
623a H. Section 10. Section 76-5-207 is amended to read:
623b 76-5-207. Automobile homicide.
623c (1) As used in this section [, "motor ] :
623d (a) "Drug" or "drugs" means:
623e (i) a controlled substance as defined in Section 58-37-2;
623f (ii) a drug as defined in Section 58-17b-102; or
623g (iii) any substance that, when knowingly, intentionally, or recklessly taken into the
623h human body, can impair the ability of a person to safely operate a motor vehicle.
623i (b) "Motor vehicle" means any self-propelled vehicle and includes any automobile, truck,
623j van, motorcycle, train, engine, watercraft, or aircraft.
623k (2) (a) Criminal homicide is automobile homicide, a third degree felony, if the person operates
623l a motor vehicle in a negligent manner causing the death of another and:
623m (i) has sufficient alcohol in his body that a subsequent chemical test shows that the person has
623n a blood or breath alcohol concentration of .08 grams or greater at the time of the test;
623o (ii) is under the influence of alcohol, any drug, or the combined influence of alcohol and any
623p drug to a degree that renders the person incapable of safely operating a vehicle; or
623q (iii) has a blood or breath alcohol concentration of .08 grams or greater at the time of
623r operation.
623s (b) A conviction for a violation of this Subsection (2) is a second degree felony if it is
623t subsequent to a conviction as defined in Subsection 41-6a-501(2).
623u (c) As used in this Subsection (2), "negligent" means simple negligence, the failure to exercise
623v that degree of care that reasonable and prudent persons exercise under like or similar circumstances.
623w (3) (a) Criminal homicide is automobile homicide, a second degree felony, if the person
623x operates a motor vehicle in a criminally negligent manner causing the death of another and:
623y (i) has sufficient alcohol in his body that a subsequent chemical test shows that the person has
623z a blood or breath alcohol concentration of .08 grams or greater at the time of the test;
623aa (ii) is under the influence of alcohol, any drug, or the combined influence of alcohol and any
623ab drug to a degree that renders the person incapable of safely operating a vehicle; or
623ac (iii) has a blood or breath alcohol concentration of .08 grams or greater at the time of

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House Committee Amendments 2-18-2008 dd/sch 623ad

operation.
623ae (b) As used in this Subsection (3), "criminally negligent" means criminal negligence as defined
623af by Subsection 76-2-103(4).
623ag (4) The standards for chemical breath analysis as provided by Section 41-6a-515 and the
623ah provisions for the admissibility of chemical test results as provided by Section 41-6a-516 apply to
623ai determination and proof of blood alcohol content under this section.
623aj (5) Calculations of blood or breath alcohol concentration under this section shall be made in
623ak accordance with Subsection 41-6a-502(1).
623al (6) The fact that a person charged with violating this section is or has been legally entitled to
623am use alcohol or a drug is not a defense.
623an (7) Evidence of a defendant's blood or breath alcohol content or drug content is admissible
623ao except when prohibited by Rules of Evidence or the constitution. .H
624 Section H. [ 10 ] 11 .H . Section 76-10-528 is amended to read:
625 76-10-528. Carrying a dangerous weapon while under influence of alcohol or
626 drugs unlawful.
627 (1) Any person who carries a dangerous weapon while under the influence of alcohol
628 or a controlled substance as defined in Section 58-37-2 is guilty of a class B misdemeanor.
629 Under the influence means the same level of influence or blood or breath alcohol concentration
630 as provided in Subsections 41-6a-502 (1)(a)[(i)] through [(iii)](c).
631 (2) It is not a defense to prosecution under this section that the person:
632 (a) is licensed in the pursuit of wildlife of any kind; or
633 (b) has a valid permit to carry a concealed firearm.
634 Section H. [ 11 ] 12 .H . Appropriation.
635 (1) As an ongoing appropriation subject to future budget constraints, there is
636 appropriated from the General Fund for fiscal year 2008-09, $660,000 to the Department of
637 Public Safety, Utah Highway Patrol to be used for additional Driving Under the Influence Law
638 Enforcement Officers.
639 (2) As an ongoing appropriation subject to future budget constraints, there is
640 appropriated from the General Fund for fiscal year 2008-09, $660,000 to the Department of
641 Public Safety, Liquor Law Enforcement Program to be used for additional Liquor Law
642 Enforcement Officers.
643 Section H. [ 12 ] 13 .H . Effective date.
644 (1) Except as provided in Subsection (2), this bill takes effect on July 1, 2008.
645 (2) If approved by two-thirds of all members elected to each house, the amendments to

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- 22 - 646 Sections 53-3-223 and 76-10-528 take effect upon approval by the governor, or the day
647 following the constitutional time limit of Utah Constitution, Article VII, Section 8, without the
648 governor's signature, or in the case of a veto, the date of veto override.