House of Representatives
State of Utah
Mr. Speaker:
The Transportation Committee reports a favorable recommendation on 2nd Sub. S.B. 15,
DRIVING UNDER THE INFLUENCE AMENDMENTS, by Senator C. Walker, with the following
amendments:
or
Renumber remaining sections accordingly.
Respectfully,
Todd E. Kiser
Voting: 10-0-5
1. Page
2, Line 53
:
53
53-3-223, as last amended by Laws of Utah 2007, Chapter 261
2. Page
3, Lines 70 through 71
:
70
(b) "Drug" or "drugs" means
(i) a controlled substance as defined in Section 58-37-2;
(ii) a drug as defined in Section 58-17b-102; or
(iii)
71
impair the ability of a person to safely operate a motor vehicle.
3. Page
5, Line 133
:
133
Section
41-6a-502
committed on or after July 1, 2008
4. Page
5, Lines 139 through 140
:
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
5. Page
21, Line 623
:
623
hearing on the matter which, if held, is governed by Section
53-3-224
.
76-5-207
.
Automobile homicide.
(1) As used in this section
, "motor
}
:
(a) "Drug" or "drugs" means:
(i) a controlled substance as defined in Section 58-37-2;
(ii) a drug as defined in Section 58-17b-102; or
(iii) any substance that, when knowingly, intentionally, or wrecklessly taken
into the human body, can impair the ability of a person to safely operate a motor
vehicle.
(b) "Motor
(2) (a) Criminal homicide is automobile homicide, a third degree felony, if the
person operates a motor vehicle in a negligent manner causing the death of another and:
(i) has sufficient alcohol in his body that a subsequent chemical test shows that the
person has a blood or breath alcohol concentration of .08 grams or greater at the time of
the test;
(ii) is under the influence of alcohol, any drug, or the combined influence of alcohol
and any drug to a degree that renders the person incapable of safely operating a vehicle;
or
(iii) has a blood or breath alcohol concentration of .08 grams or greater at the time
of operation.
(b) A conviction for a violation of this Subsection (2) is a second degree felony if it
is subsequent to a conviction as defined in Subsection
41-6a-501
(2).
(c) As used in this Subsection (2), "negligent" means simple negligence, the failure
to exercise that degree of care that reasonable and prudent persons exercise under like or
similar circumstances.
(3) (a) Criminal homicide is automobile homicide, a second degree felony, if the
person operates a motor vehicle in a criminally negligent manner causing the death of
another and:
(i) has sufficient alcohol in his body that a subsequent chemical test shows that the
person has a blood or breath alcohol concentration of .08 grams or greater at the time of
the test;
(ii) is under the influence of alcohol, any drug, or the combined influence of alcohol
and any drug to a degree that renders the person incapable of safely operating a vehicle;
(iii) has a blood or breath alcohol concentration of .08 grams or greater at the time
of operation.
(b) As used in this Subsection (3), "criminally negligent" means criminal negligence
as defined by Subsection
76-2-103
(4).
(4) The standards for chemical breath analysis as provided by Section
41-6a-515
and
the provisions for the admissibility of chemical test results as provided by Section
41-6a-516
apply to determination and proof of blood alcohol content under this section.
(5) Calculations of blood or breath alcohol concentration under this section shall be
made in accordance with Subsection
41-6a-502
(1).
(6) The fact that a person charged with violating this section is or has been legally
entitled to use alcohol or a drug is not a defense.
(7) Evidence of a defendant's blood or breath alcohol content or drug content is
admissible except when prohibited by Rules of Evidence or the constitution.
Committee Chair
3 SB0015.HC1.wpd 2/15/08 5:01 pm lelder/LGE SCH/LGE
Bill Number
*SB0015S02*
SB0015S02