Representative Norman K Thurston proposes the following substitute bill:


1     
DRIVING UNDER THE INFLUENCE AND PUBLIC SAFETY

2     
REVISIONS

3     
2017 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Norman K Thurston

6     
Senate Sponsor: J. Stuart Adams

7     

8     LONG TITLE
9     General Description:
10          This bill amends provisions related to driving under the influence.
11     Highlighted Provisions:
12          This bill:
13          ▸     reduces the blood alcohol content limit for driving under the influence;
14          ▸     reduces the blood alcohol content limit in relation to certain criminal offenses;
15          ▸     defines "novice learner driver";
16          ▸     defines "novice licensed driver";
17          ▸     modifies the definition of "alcohol restricted driver" to include a novice learner
18     driver and a novice licensed driver; and
19          ▸     makes technical changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          This bill provides a special effective date.
24     Utah Code Sections Affected:
25     AMENDS:

26          34A-3-112, as renumbered and amended by Laws of Utah 1997, Chapter 375
27          41-6a-501, as last amended by Laws of Utah 2010, Chapter 283
28          41-6a-502, as last amended by Laws of Utah 2010, Chapter 109
29          41-6a-529, as last amended by Laws of Utah 2008, Chapter 226
30          76-5-207, as last amended by Laws of Utah 2009, Chapter 214
31     ENACTS:
32          41-6a-515.5, Utah Code Annotated 1953
33     

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 34A-3-112 is amended to read:
36          34A-3-112. Employee's willful misconduct.
37          (1) Notwithstanding anything contained in this chapter, an employee or dependent of
38     any employee is not entitled to receive compensation for disability or death from an
39     occupational disease when the disability or death, wholly or in part, was caused by the
40     purposeful self-exposure of the employee.
41          (2) Except in cases resulting in death:
42          (a) Compensation provided for in this chapter shall be reduced 15% when the
43     occupational disease is caused by the willful failure of the employee:
44          (i) to use safety devices when provided by the employer; or
45          (ii) to obey any order or reasonable rule adopted by the employer for the safety of the
46     employee.
47          (b) Except when the employer permitted, encouraged, or had actual knowledge of the
48     conduct described in Subsections (2)(b)(i) through (iii), disability compensation may not be
49     awarded under this chapter to an employee when the major contributing cause of the
50     employee's disease is the employee's:
51          (i) use of illegal substances;
52          (ii) intentional abuse of drugs in excess of prescribed therapeutic amounts; or
53          (iii) intoxication from alcohol with a blood or breath alcohol concentration of [.08] .05
54     grams or greater as shown by a chemical test.
55          Section 2. Section 41-6a-501 is amended to read:
56          41-6a-501. Definitions.

57          (1) As used in this part:
58          (a) "Assessment" means an in-depth clinical interview with a licensed mental health
59     therapist:
60          (i) used to determine if a person is in need of:
61          (A) substance abuse treatment that is obtained at a substance abuse program;
62          (B) an educational series; or
63          (C) a combination of Subsections (1)(a)(i)(A) and (B); and
64          (ii) that is approved by the Division of Substance Abuse and Mental Health in
65     accordance with Section 62A-15-105.
66          (b) "Driving under the influence court" means a court that is approved as a driving
67     under the influence court by the Utah Judicial Council according to standards established by
68     the Judicial Council.
69          (c) "Drug" or "drugs" means:
70          (i) a controlled substance as defined in Section 58-37-2;
71          (ii) a drug as defined in Section 58-17b-102; or
72          (iii) any substance that, when knowingly, intentionally, or recklessly taken into the
73     human body, can impair the ability of a person to safely operate a motor vehicle.
74          (d) "Educational series" means an educational series obtained at a substance abuse
75     program that is approved by the Division of Substance Abuse and Mental Health in accordance
76     with Section 62A-15-105.
77          (e) "Negligence" means simple negligence, the failure to exercise that degree of care
78     that an ordinarily reasonable and prudent person exercises under like or similar circumstances.
79          (f) "Novice learner driver" means an individual who:
80          (i) has applied for a Utah driver license;
81          (ii) has not previously held a driver license in this state or another state; and
82          (iii) has not completed the requirements for issuance of a Utah driver license.
83          (g) "Novice licensed driver" means an individual who:
84          (i) has completed the requirements for issuance of a Utah driver license;
85          (ii) was issued a Utah driver license within the last two years; and
86          (iii) has not previously held a driver license in this state or another state.
87          [(f)] (h) "Screening" means a preliminary appraisal of a person:

88          (i) used to determine if the person is in need of:
89          (A) an assessment; or
90          (B) an educational series; and
91          (ii) that is approved by the Division of Substance Abuse and Mental Health in
92     accordance with Section 62A-15-105.
93          [(g)] (i) "Serious bodily injury" means bodily injury that creates or causes:
94          (i) serious permanent disfigurement;
95          (ii) protracted loss or impairment of the function of any bodily member or organ; or
96          (iii) a substantial risk of death.
97          [(h)] (j) "Substance abuse treatment" means treatment obtained at a substance abuse
98     program that is approved by the Division of Substance Abuse and Mental Health in accordance
99     with Section 62A-15-105.
100          [(i)] (k) "Substance abuse treatment program" means a state licensed substance abuse
101     program.
102          [(j)] (l) (i) "Vehicle" or "motor vehicle" means a vehicle or motor vehicle as defined in
103     Section 41-6a-102; and
104          (ii) "Vehicle" or "motor vehicle" includes:
105          (A) an off-highway vehicle as defined under Section 41-22-2; and
106          (B) a motorboat as defined in Section 73-18-2.
107          (2) As used in Section 41-6a-503:
108          (a) "Conviction" means any conviction arising from a separate episode of driving for a
109     violation of:
110          (i) driving under the influence under Section 41-6a-502;
111          (ii) (A) for an offense committed before July 1, 2008, alcohol, any drug, or a
112     combination of both-related reckless driving under:
113          (I) Section 41-6a-512; and
114          (II) Section 41-6a-528; or
115          (B) for an offense committed on or after July 1, 2008, impaired driving under Section
116     41-6a-502.5;
117          (iii) driving with any measurable controlled substance that is taken illegally in the body
118     under Section 41-6a-517;

119          (iv) local ordinances similar to Section 41-6a-502, alcohol, any drug, or a combination
120     of both-related reckless driving, or impaired driving under Section 41-6a-502.5 adopted in
121     compliance with Section 41-6a-510;
122          (v) automobile homicide under Section 76-5-207;
123          (vi) Subsection 58-37-8(2)(g);
124          (vii) a violation described in Subsections (2)(a)(i) through (vi), which judgment of
125     conviction is reduced under Section 76-3-402; or
126          (viii) statutes or ordinances previously in effect in this state or in effect in any other
127     state, the United States, or any district, possession, or territory of the United States which
128     would constitute a violation of Section 41-6a-502 or alcohol, any drug, or a combination of
129     both-related reckless driving if committed in this state, including punishments administered
130     under 10 U.S.C. Sec. 815.
131          (b) A plea of guilty or no contest to a violation described in Subsections (2)(a)(i)
132     through (viii) which plea was held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance,
133     prior to July 1, 2008, is the equivalent of a conviction, even if the charge has been subsequently
134     reduced or dismissed in accordance with the plea in abeyance agreement, for purposes of:
135          (i) enhancement of penalties under:
136          (A) this Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving; and
137          (B) automobile homicide under Section 76-5-207; and
138          (ii) expungement under Title 77, Chapter 40, Utah Expungement Act.
139          Section 3. Section 41-6a-502 is amended to read:
140          41-6a-502. Driving under the influence of alcohol, drugs, or a combination of
141     both or with specified or unsafe blood alcohol concentration -- Reporting of convictions.
142          (1) A person may not operate or be in actual physical control of a vehicle within this
143     state if the person:
144          (a) has sufficient alcohol in the person's body that a subsequent chemical test shows
145     that the person has a blood or breath alcohol concentration of [.08] .05 grams or greater at the
146     time of the test;
147          (b) is under the influence of alcohol, any drug, or the combined influence of alcohol
148     and any drug to a degree that renders the person incapable of safely operating a vehicle; or
149          (c) has a blood or breath alcohol concentration of [.08] .05 grams or greater at the time

150     of operation or actual physical control.
151          (2) Alcohol concentration in the blood shall be based upon grams of alcohol per 100
152     milliliters of blood, and alcohol concentration in the breath shall be based upon grams of
153     alcohol per 210 liters of breath.
154          (3) A violation of this section includes a violation under a local ordinance similar to
155     this section adopted in compliance with Section 41-6a-510.
156          (4) Beginning on July 1, 2012, a court shall, monthly, send to the Division of
157     Occupational and Professional Licensing, created in Section 58-1-103, a report containing the
158     name, case number, and, if known, the date of birth of each person convicted during the
159     preceding month of a violation of this section for whom there is evidence that the person was
160     driving under the influence, in whole or in part, of a prescribed controlled substance.
161          Section 4. Section 41-6a-515.5 is enacted to read:
162          41-6a-515.5. Field sobriety test training.
163          Each law enforcement agency shall ensure that each peace officer receives training on
164     the current standard field sobriety testing guidelines established by the National Highway
165     Traffic Safety Administration.
166          Section 5. Section 41-6a-529 is amended to read:
167          41-6a-529. Definitions -- Alcohol restricted drivers.
168          (1) As used in this section and Section 41-6a-530, "alcohol restricted driver" means a
169     person who:
170          (a) within the last two years:
171          (i) has been convicted of:
172          (A) a misdemeanor violation of Section 41-6a-502;
173          (B) alcohol, any drug, or a combination of both-related reckless driving under Section
174     41-6a-512;
175          (C) impaired driving under Section 41-6a-502.5;
176          (D) local ordinances similar to Section 41-6a-502, alcohol, any drug, or a combination
177     of both-related reckless driving, or impaired driving adopted in compliance with Section
178     41-6a-510;
179          (E) a violation described in Subsections (1)(a)(i)(A) through (D), which judgment of
180     conviction is reduced under Section 76-3-402; or

181          (F) statutes or ordinances previously in effect in this state or in effect in any other state,
182     the United States, or any district, possession, or territory of the United States which would
183     constitute a violation of Section 41-6a-502, alcohol, any drug, or a combination of both-related
184     reckless driving, or impaired driving if committed in this state, including punishments
185     administered under 10 U.S.C. Sec. 815; or
186          (ii) has had the person's driving privilege suspended under Section 53-3-223 for an
187     alcohol-related offense based on an arrest which occurred on or after July 1, 2005;
188          (b) within the last three years has been convicted of a violation of this section or
189     Section 41-6a-518.2;
190          (c) within the last five years:
191          (i) has had the person's driving privilege revoked for refusal to submit to a chemical
192     test under Section 41-6a-520, which refusal occurred on or after July 1, 2005; or
193          (ii) has been convicted of a class A misdemeanor violation of Section 41-6a-502
194     committed on or after July 1, 2008;
195          (d) within the last 10 years:
196          (i) has been convicted of an offense described in Subsection (1)(a)(i) which offense
197     was committed within 10 years of the commission of a prior offense described in Subsection
198     (1)(a)(i) for which the person was convicted; or
199          (ii) has had the person's driving privilege revoked for refusal to submit to a chemical
200     test and the refusal is within 10 years after:
201          (A) a prior refusal to submit to a chemical test under Section 41-6a-520; or
202          (B) a prior conviction for an offense described in Subsection (1)(a)(i) which is not
203     based on the same arrest as the refusal;
204          (e) at any time has been convicted of:
205          (i) automobile homicide under Section 76-5-207 for an offense that occurred on or
206     after July 1, 2005; or
207          (ii) a felony violation of Section 41-6a-502 for an offense that occurred on or after July
208     1, 2005; [or]
209          (f) at the time of operation of a vehicle is under 21 years of age[.]; or
210          (g) is a novice learner driver or a novice licensed driver.
211          (2) For purposes of this section and Section 41-6a-530, a plea of guilty or no contest to

212     a violation described in Subsection (1)(a)(i) which plea was held in abeyance under Title 77,
213     Chapter 2a, Pleas in Abeyance, prior to July 1, 2008, is the equivalent of a conviction, even if
214     the charge has been subsequently reduced or dismissed in accordance with the plea in abeyance
215     agreement.
216          Section 6. Section 76-5-207 is amended to read:
217          76-5-207. Automobile homicide.
218          (1) As used in this section:
219          (a) "Drug" or "drugs" means:
220          (i) a controlled substance as defined in Section 58-37-2;
221          (ii) a drug as defined in Section 58-17b-102; or
222          (iii) any substance that, when knowingly, intentionally, or recklessly taken into the
223     human body, can impair the ability of a person to safely operate a motor vehicle.
224          (b) "Motor vehicle" means any self-propelled vehicle and includes any automobile,
225     truck, van, motorcycle, train, engine, watercraft, or aircraft.
226          (2) (a) Criminal homicide is automobile homicide, a third degree felony, if the person
227     operates a motor vehicle in a negligent manner causing the death of another and:
228          (i) has sufficient alcohol in his body that a subsequent chemical test shows that the
229     person has a blood or breath alcohol concentration of [.08] .05 grams or greater at the time of
230     the test;
231          (ii) is under the influence of alcohol, any drug, or the combined influence of alcohol
232     and any drug to a degree that renders the person incapable of safely operating a vehicle; or
233          (iii) has a blood or breath alcohol concentration of [.08] .05 grams or greater at the
234     time of operation.
235          (b) A conviction for a violation of this Subsection (2) is a second degree felony if it is
236     subsequent to a conviction as defined in Subsection 41-6a-501(2).
237          (c) As used in this Subsection (2), "negligent" means simple negligence, the failure to
238     exercise that degree of care that reasonable and prudent persons exercise under like or similar
239     circumstances.
240          (3) (a) Criminal homicide is automobile homicide, a second degree felony, if the
241     person operates a motor vehicle in a criminally negligent manner causing the death of another
242     and:

243          (i) has sufficient alcohol in his body that a subsequent chemical test shows that the
244     person has a blood or breath alcohol concentration of [.08] .05 grams or greater at the time of
245     the test;
246          (ii) is under the influence of alcohol, any drug, or the combined influence of alcohol
247     and any drug to a degree that renders the person incapable of safely operating a vehicle; or
248          (iii) has a blood or breath alcohol concentration of [.08] .05 grams or greater at the
249     time of operation.
250          (b) As used in this Subsection (3), "criminally negligent" means criminal negligence as
251     defined by Subsection 76-2-103(4).
252          (4) The standards for chemical breath analysis as provided by Section 41-6a-515 and
253     the provisions for the admissibility of chemical test results as provided by Section 41-6a-516
254     apply to determination and proof of blood alcohol content under this section.
255          (5) Calculations of blood or breath alcohol concentration under this section shall be
256     made in accordance with Subsection 41-6a-502(1).
257          (6) The fact that a person charged with violating this section is or has been legally
258     entitled to use alcohol or a drug is not a defense.
259          (7) Evidence of a defendant's blood or breath alcohol content or drug content is
260     admissible except when prohibited by Rules of Evidence or the constitution.
261          (8) A person is guilty of a separate offense for each victim suffering bodily injury or
262     serious bodily injury as a result of the person's violation of Section 41-6a-502 or death as a
263     result of the person's violation of this section whether or not the injuries arise from the same
264     episode of driving.
265          Section 7. Effective date.
266          This bill takes effect on December 30, 2018.