First Substitute H.B. 137

Representative John Knotwell proposes the following substitute bill:

1 AMENDMENTS TO DRIVER LICENSE SANCTIONS FOR
2 ALCOHOL RELATED OFFENSES
3 2014 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: John Knotwell
6 Senate Sponsor: Scott K. Jenkins
7
8 LONG TITLE
9 General Description:
10 This bill modifies provisions relating to driver license suspension requirements for
11 certain alcohol related offenses.
12 Highlighted Provisions:
13 This bill:
14 . authorizes a court to reduce the driver license suspension period for certain alcohol
15 related offenses in certain circumstances; and
16 . makes conforming changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 This bill provides an immediate effective date.
21 Utah Code Sections Affected:
22 AMENDS:
23 32B-4-409 , as enacted by Laws of Utah 2010, Chapter 276
24 32B-4-410 , as enacted by Laws of Utah 2010, Chapter 276
25 53-3-219 , as last amended by Laws of Utah 2010, Chapter 276

26 76-9-701 , as last amended by Laws of Utah 2009, Chapter 390
27 78A-6-606 , as last amended by Laws of Utah 2010, Chapter 276
28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 32B-4-409 is amended to read:
31 32B-4-409. Unlawful purchase, possession, consumption by minor -- Measurable
32 amounts in body.
33 (1) Unless specifically authorized by this title, it is unlawful for a minor to:
34 (a) purchase an alcoholic product;
35 (b) attempt to purchase an alcoholic product;
36 (c) solicit another person to purchase an alcoholic product;
37 (d) possess an alcoholic product;
38 (e) consume an alcoholic product; or
39 (f) have measurable blood, breath, or urine alcohol concentration in the minor's body.
40 (2) It is unlawful for the purpose of purchasing or otherwise obtaining an alcoholic
41 product for a minor for:
42 (a) a minor to misrepresent the minor's age; or
43 (b) any other person to misrepresent the age of a minor.
44 (3) It is unlawful for a minor to possess or consume an alcoholic product while riding
45 in a limousine or chartered bus.
46 (4) If a minor is found by a court to have violated this section and the violation is the
47 minor's second or subsequent violation of this section, the court:
48 (a) shall order the minor to participate in an educational series as defined in Section
49 41-6a-501 ; and
50 (b) may order the minor to participate in a screening as defined in Section 41-6a-501 .
51 (5) (a) When a minor who is at least 18 years old, but younger than 21 years old, is
52 found by a court to have violated this section, except as provided in Section 32B-4-411 , the
53 court hearing the case shall suspend the minor's driving privileges under Section 53-3-219 .
54 (b) Notwithstanding the provision in Subsection (5)(a), the court may reduce the
55 suspension period required under Section 53-3-219 if:
56 (i) the violation is the minor's first violation of this section; and

57 (ii) the minor completes an educational series as defined in Section 41-6a-501 .
58 (c) Notwithstanding the requirement in Subsection (5)(a) and in accordance with the
59 requirements of Section 53-3-219 , the court may reduce the suspension period required under
60 Section 53-3-219 if:
61 (i) the violation is the minor's second or subsequent violation of this section; and
62 (ii) (A) the person is 18 years of age or older and provides a sworn statement to the
63 court that the person has not unlawfully consumed alcohol for at least a one year consecutive
64 period during the suspension period imposed under Subsection (5)(a); or
65 (B) the person is under 18 years of age and has the person's parent or legal guardian
66 provide an affidavit or sworn statement to the court certifying that to the parent or legal
67 guardian's knowledge the person has not unlawfully consumed alcohol for at least a one year
68 consecutive period during the suspension period imposed under Subsection (5)(a).
69 (6) When a minor who is at least 13 years old, but younger than 18 years old, is found
70 by the court to have violated this section, Section 78A-6-606 applies to the violation.
71 (7) When a court issues an order suspending a person's driving privileges for a
72 violation of this section, the Driver License Division shall suspend the person's license under
73 Section 53-3-219 .
74 (8) When the Department of Public Safety receives the arrest or conviction record of a
75 person for a driving offense committed while the person's license is suspended pursuant to this
76 section, the Department of Public Safety shall extend the suspension for an additional like
77 period of time.
78 (9) This section does not apply to a minor's consumption of an alcoholic product in
79 accordance with this title:
80 (a) for medicinal purposes if:
81 (i) the minor is at least 18 years old; or
82 (ii) the alcoholic product is furnished by:
83 (A) the parent or guardian of the minor; or
84 (B) the minor's health care practitioner, if the health care practitioner is authorized by
85 law to write a prescription; or
86 (b) as part of a religious organization's religious services.
87 Section 2. Section 32B-4-410 is amended to read:

88 32B-4-410. Unlawful admittance or attempt to gain admittance by minor.
89 (1) It is unlawful for a minor to gain admittance or attempt to gain admittance to the
90 premises of:
91 (a) a tavern; or
92 (b) a social club licensee, except to the extent authorized by Section 32B-6-406.1 .
93 (2) A minor who violates this section is guilty of a class C misdemeanor.
94 (3) If a minor is found by a court to have violated this section and the violation is the
95 minor's second or subsequent violation of this section, the court:
96 (a) shall order the minor to participate in an educational series as defined in Section
97 41-6a-501 ; and
98 (b) may order the minor to participate in a screening as defined in Section 41-6a-501 .
99 (4) (a) When a minor who is at least 18 years old, but younger than 21 years old, is
100 found by a court to have violated this section, except as provided in Section 32B-4-411 , the
101 court hearing the case shall suspend the minor's driving privileges under Section 53-3-219 .
102 (b) Notwithstanding the provision in Subsection (4)(a), the court may reduce the
103 suspension period required under Section 53-3-219 if:
104 (i) the violation is the minor's first violation of this section; and
105 (ii) the minor completes an educational series as defined in Section 41-6a-501 .
106 (c) Notwithstanding the requirement in Subsection (4)(a) and in accordance with the
107 requirements of Section 53-3-219 , the court may reduce the suspension period required under
108 Section 53-3-219 if:
109 (i) the violation is the minor's second or subsequent violation of this section; and
110 (ii) (A) the person is 18 years of age or older and provides a sworn statement to the
111 court that the person has not unlawfully consumed alcohol for at least a one year consecutive
112 period during the suspension period imposed under Subsection (4)(a); or
113 (B) the person is under 18 years of age and has the person's parent or legal guardian
114 provide an affidavit or sworn statement to the court certifying that to the parent or legal
115 guardian's knowledge the person has not unlawfully consumed alcohol for at least a one year
116 consecutive period during the suspension period imposed under Subsection (4)(a).
117 (5) When a minor who is at least 13 years old, but younger than 18 years old, is found
118 by a court to have violated this section, Section 78A-6-606 applies to the violation.

119 (6) When a court issues an order suspending a person's driving privileges for a
120 violation of this section, the Driver License Division shall suspend the person's license under
121 Section 53-3-219 .
122 (7) When the Department of Public Safety receives the arrest or conviction record of a
123 person for a driving offense committed while the person's license is suspended pursuant to this
124 section, the Department of Public Safety shall extend the suspension for an additional like
125 period of time.
126 Section 3. Section 53-3-219 is amended to read:
127 53-3-219. Suspension of minor's driving privileges.
128 (1) The division shall immediately suspend all driving privileges of any person upon
129 receipt of an order suspending driving privileges under Section 32B-4-409 , Section 32B-4-410 ,
130 Subsection 76-9-701 (1), or Section 78A-6-606 .
131 (2) (a) (i) [Except as provided in Subsection (2)(a)(ii), upon] Upon receipt of the first
132 order suspending a person's driving privileges under Section 32B-4-409 , Section 32B-4-410 ,
133 Subsection 76-9-701 (1), or Section 78A-6-606 [for a violation that was committed on or after
134 July 1, 2009], the division shall:
135 (A) impose a suspension for a period of one year;
136 (B) if the person has not been issued an operator license, deny the person's application
137 for a license or learner's permit for a period of one year; or
138 (C) if the person is under the age of eligibility for a driver license, deny the person's
139 application for a license or learner's permit beginning on the date of conviction and continuing
140 for one year beginning on the date of eligibility for a driver license.
141 (ii) Upon receipt of the first order suspending a person's driving privileges under this
142 section, the division shall reduce the suspension period under Subsection (2)(a)(i)(A), (B), or
143 (C) if ordered by the court in accordance with Subsection 32B-4-409 (5)(b), 32B-4-410 (4)(b),
144 76-9-701 (4)(b), or 78A-6-606 (3)(b).
145 (b) (i) Upon receipt of a second or subsequent order suspending a person's driving
146 privileges under Section 32B-4-409 , Section 32B-4-410 , Subsection 76-9-701 (1), or Section
147 78A-6-606 [for a violation that was committed on or after July 1, 2009], the division shall:
148 [(i)] (A) impose a suspension for a period of two years; [or]
149 [(ii)] (B) if the person has not been issued an operator license or is under the age of

150 eligibility for a driver license, deny the person's application for a license or learner's permit for
151 a period of two years[.]; or
152 [(c) The Driver License Division shall impose a suspension for the suspension period
153 in effect prior to July 1, 2009, if the order suspending driving privileges under Section
154 32B-4-409 , Section 32B-4-410 , Subsection 76-9-701 (1), or Section 78A-6-606 is for a
155 violation committed prior to July 1, 2009.]
156 (C) if the person is under the age of eligibility for a driver license, deny the person's
157 application for a license or learner's permit beginning on the date of conviction and continuing
158 for two years beginning on the date of eligibility for a driver license.
159 (ii) Upon receipt of the second or subsequent order suspending a person's driving
160 privileges under Section 32B-4-409 , Section 32B-4-410 , Subsection 76-9-701 (1), or Section
161 78A-6-606 , the division shall reduce the suspension period if ordered by the court in
162 accordance with Subsection 32B-4-409 (5)(c), 32B-4-410 (4)(c), 76-9-701 (4)(c), or
163 78A-6-606 (3)(c).
164 (3) The Driver License Division shall subtract from any suspension or revocation
165 period for a conviction of a violation of Section 32B-4-409 the number of days for which a
166 license was previously suspended under Section 53-3-231 , if the previous sanction was based
167 on the same occurrence upon which the record of conviction is based.
168 (4) After reinstatement of the license described in Subsection (1), a report authorized
169 under Section 53-3-104 may not contain evidence of the suspension of a minor's license under
170 this section if the minor has not been convicted of any other offense for which the suspension
171 under Subsection (1) may be extended.
172 Section 4. Section 76-9-701 is amended to read:
173 76-9-701. Intoxication -- Release of arrested person or placement in detoxification
174 center.
175 (1) A person is guilty of intoxication if the person is under the influence of alcohol, a
176 controlled substance, or any substance having the property of releasing toxic vapors, to a
177 degree that the person may endanger the person or another, in a public place or in a private
178 place where the person unreasonably disturbs other persons.
179 (2) (a) A peace officer or a magistrate may release from custody a person arrested
180 under this section if the peace officer or magistrate believes imprisonment is unnecessary for

181 the protection of the person or another.
182 (b) A peace officer may take the arrested person to a detoxification center or other
183 special facility as an alternative to incarceration or release from custody.
184 (3) If a minor is found by a court to have violated this section and the violation is the
185 minor's second or subsequent violation of this section, the court:
186 (a) shall order the minor to participate in an educational series as defined in Section
187 41-6a-501 ; and
188 (b) may order the minor to participate in a screening as defined in Section 41-6a-501 .
189 (4) (a) When a minor who is at least 18 years old, but younger than 21 years old, is
190 found by a court to have violated this section, the court hearing the case shall suspend the
191 minor's driving privileges under Section 53-3-219 .
192 (b) Notwithstanding the requirement in Subsection (4)(a), the court may reduce the
193 suspension period required under Section 53-3-219 if:
194 (i) the violation is the minor's first violation of this section; and
195 (ii) the minor completes an educational series as defined in Section 41-6a-501 .
196 (c) Notwithstanding the requirement in Subsection (4)(a) and in accordance with the
197 requirements of Section 53-3-219 , the court may reduce the suspension period required under
198 Section 53-3-219 if:
199 (i) the violation is the minor's second or subsequent violation of this section; and
200 (ii) (A) the person is 18 years of age or older and provides a sworn statement to the
201 court that the person has not unlawfully consumed alcohol for at least a one year consecutive
202 period during the suspension period imposed under Subsection (4)(a); or
203 (B) the person is under 18 years of age and has the person's parent or legal guardian
204 provide an affidavit or sworn statement to the court certifying that to the parent or legal
205 guardian's knowledge the person has not unlawfully consumed alcohol for at least a one year
206 consecutive period during the suspension period imposed under Subsection (4)(a).
207 (5) When a person who is at least 13 years old, but younger than 18 years old, is found
208 by a court to have violated this section, the provisions regarding suspension of the driver's
209 license under Section 78A-6-606 apply to the violation.
210 (6) When the court issues an order suspending a person's driving privileges for a
211 violation of this section, the person's driver license shall be suspended under Section 53-3-219 .

212 (7) An offense under this section is a class C misdemeanor.
213 Section 5. Section 78A-6-606 is amended to read:
214 78A-6-606. Suspension of license for certain offenses.
215 (1) This section applies to a minor who is at least 13 years of age when found by the
216 court to be within its jurisdiction by the commission of an offense under:
217 (a) Section 32B-4-409 ;
218 (b) Section 32B-4-410 ;
219 (c) Section 32B-4-411 ;
220 (d) Section 58-37-8 ;
221 (e) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
222 (f) Title 58, Chapter 37b, Imitation Controlled Substances Act; or
223 (g) Subsection 76-9-701 (1).
224 (2) If the court hearing the case determines that the minor committed an offense under
225 Section 58-37-8 or Title 58, Chapter 37a or 37b, the court shall prepare and send to the Driver
226 License Division of the Department of Public Safety an order to suspend that minor's driving
227 privileges.
228 (3) (a) The court hearing the case shall suspend the minor's driving privileges if:
229 (i) the minor violated Section 32B-4-409 , Section 32B-4-410 , or Subsection
230 76-9-701 (1); and
231 (ii) the violation described in Subsection (3)(a)(i) was committed on or after July 1,
232 2009.
233 (b) Notwithstanding the requirement in Subsection (3)(a), the court may reduce the
234 suspension period required under Section 53-3-219 if:
235 (i) the violation is the minor's first violation of Section 32B-4-409 , Section 32B-4-410 ,
236 or Subsection 76-9-701 (1); and
237 (ii) the minor completes an educational series as defined in Section 41-6a-501 .
238 [(c) The suspension periods and requirements that were in effect prior to July 1, 2009,
239 apply:]
240 [(i) to a minor that violated Section 32B-4-409 , Section 32B-4-410 , or Subsection
241 76-9-701 (1); and]
242 [(ii) for a violation that was committed prior to July 1, 2009.]

243 (c) Notwithstanding the requirement in Subsection (3)(a) and in accordance with the
244 requirements of Section 53-3-219 , the court may reduce the suspension period required under
245 Section 53-3-219 if:
246 (i) the violation is the minor's second or subsequent violation of Section 32B-4-409 ,
247 Section 32B-4-410 , or Subsection 76-9-701 (1); and
248 (ii) (A) the person is 18 years of age or older and provides a sworn statement to the
249 court that the person has not unlawfully consumed alcohol for at least a one year consecutive
250 period during the suspension period imposed under Subsection (3)(a); or
251 (B) the person is under 18 years of age and has the person's parent or legal guardian
252 provide an affidavit or sworn statement to the court certifying that to the parent or legal
253 guardian's knowledge the person has not unlawfully consumed alcohol for at least a one year
254 consecutive period during the suspension period imposed under Subsection (3)(a).
255 (d) If a minor commits a proof of age violation, as defined in Section 32B-4-411 :
256 (i) the court shall forward a record of adjudication to the Department of Public Safety
257 for a first or subsequent violation; and
258 (ii) the minor's driving privileges will be suspended:
259 (A) for a period of at least one year under Section 53-3-220 for a first conviction for a
260 violation of Section 32B-4-411 ; or
261 (B) for a period of two years for a second or subsequent conviction for a violation of
262 Section 32B-4-411 .
263 (4) A minor's license shall be suspended under Section 53-3-219 when a court issues
264 an order suspending the minor's driving privileges for a violation of:
265 (a) Section 32B-4-409 ;
266 (b) Section 32B-4-410 ;
267 (c) Section 58-37-8 ;
268 (d) Title 58, Chapter 37a or 37b; or
269 (e) Subsection 76-9-701 (1).
270 (5) When the Department of Public Safety receives the arrest or conviction record of a
271 person for a driving offense committed while the person's license is suspended under this
272 section, the Department of Public Safety shall extend the suspension for a like period of time.
273 Section 6. Effective date.

274 If approved by two-thirds of all the members elected to each house, this bill takes effect
275 upon approval by the governor, or the day following the constitutional time limit of Utah
276 Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
277 the date of veto override.