H.B. 208

1

DRIVING UNDER THE INFLUENCE PENALTIES
2 REVISIONS
3 2013 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Mike K. McKell
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Traffic Code by amending provisions relating to driving under the
11 influence penalties.
12 Highlighted Provisions:
13 This bill:
14 . provides that a person who commits a driving under the influence violation is guilty
15 of a felony if the person, as a proximate result of having operated the vehicle in a
16 negligent manner, has inflicted bodily injury upon another person and the injured
17 person has incurred more than $30,000 in medical expenses within 30 days of
18 sustaining the bodily injury; and
19 . makes technical corrections.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 41-6a-503, as last amended by Laws of Utah 2009, Chapter 214
27

28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 41-6a-503 is amended to read:
30 41-6a-503. Penalties for driving under the influence violations.
31 (1) A person who violates for the first or second time Section 41-6a-502 is guilty of a:
32 (a) class B misdemeanor; or
33 (b) class A misdemeanor if the person:
34 (i) has also inflicted bodily injury upon another as a proximate result of having
35 operated the vehicle in a negligent manner;
36 (ii) had a passenger under 16 years of age in the vehicle at the time of the offense; or
37 (iii) was 21 years of age or older and had a passenger under 18 years of age in the
38 vehicle at the time of the offense.
39 (2) A person who violates Section 41-6a-502 is guilty of a third degree felony if:
40 (a) [the person has also inflicted serious bodily injury upon another] as a proximate
41 result of having operated the vehicle in a negligent manner[;]:
42 (i) the person has also inflicted serious bodily injury upon another; or
43 (ii) (A) the person has inflicted bodily injury upon another person; and
44 (B) the injured person described in Subsection (2)(a)(ii)(A) has incurred more than
45 $30,000 in medical expenses within 30 days of sustaining the bodily injury;
46 (b) the person has two or more prior convictions as defined in Subsection
47 41-6a-501 (2), each of which is within 10 years of:
48 (i) the current conviction under Section 41-6a-502 ; or
49 (ii) the commission of the offense upon which the current conviction is based; or
50 (c) the conviction under Section 41-6a-502 is at any time after a conviction of:
51 (i) automobile homicide under Section 76-5-207 that is committed after July 1, 2001;
52 (ii) a felony violation of Section 41-6a-502 or a statute previously in effect in this state
53 that would constitute a violation of Section 41-6a-502 that is committed after July 1, 2001; or
54 (iii) any conviction described in Subsection (2)(c)(i) or (ii) which judgment of
55 conviction is reduced under Section 76-3-402 .
56 (3) A person is guilty of a separate offense for each victim suffering bodily injury or
57 serious bodily injury as a result of the person's violation of Section 41-6a-502 or death as a
58 result of the person's violation of Section 76-5-207 whether or not the injuries arise from the

59 same episode of driving.




Legislative Review Note
as of 2-8-13 3:03 PM

Office of Legislative Research and General Counsel

[Bill Documents]