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• 2018 General Session
• H.B. 295

H.B. 295 Driving Under the Influence Modifications

• Bill Text
• Status
• Hearings/Debate

Bill Sponsor: Rep. Eliason, Steve

Floor Sponsor: Sen. Adams, J. Stuart

• Substitute Sponsor: Rep. Eliason, Steve

• Drafting Attorney: Kurt P. Gasser
• Fiscal Analyst: Gary R. Syphus

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• Bill Text
  • Introduced
  • Enrolled (Currently Displayed)

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• Other Versions
  • H.B. 295
    Substitute Sponsor:
    

    • Introduced
    • Fiscal Note
    • House Transmittal Letter 1
    • Senate Transmittal Letter 1
    • Agency Perf Note

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• Related Documents
  • Fiscal Note
  • HB0295 comparison
  • Agency Perf Note

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• Information
  • Last Action: 16 Mar 2018, Governor Signed
  • Last Location: Lieutenant Governor's office for filing
  • Effective Date: 8 May 2018
  • Session Law Chapter: 138

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• Similar Bills
  • Driving Under the Influence (DUI)
  • Transportation

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• Sections Affected
  • 41-6a-503

Enrolled

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H.B. 295

1     DRIVING UNDER THE INFLUENCE MODIFICATIONS
2     2018 GENERAL SESSION
3     STATE OF UTAH
4     Chief Sponsor: Steve Eliason
5     Senate Sponsor: J. Stuart Adams
6     

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7     LONG TITLE
8     General Description:
9          This bill modifies penalties for driving under the influence if the individual is also
10     convicted for driving in the wrong direction during the same occurrence.
11     Highlighted Provisions:
12          This bill:
13          ▸     increases the penalty for driving under the influence to a class A misdemeanor if the
14     individual was also driving in the wrong direction on a freeway or controlled-access
15     highway during the same occurrence; and
16          ▸     makes technical changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          41-6a-503, as last amended by Laws of Utah 2009, Chapter 214
24     

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25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 41-6a-503 is amended to read:
27          41-6a-503. Penalties for driving under the influence violations.
28          (1) A person who violates for the first or second time Section 41-6a-502 is guilty of a:
29          (a) class B misdemeanor; or

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30          (b) class A misdemeanor if the person:
31          (i) has also inflicted bodily injury upon another as a proximate result of having
32     operated the vehicle in a negligent manner;
33          (ii) had a passenger under 16 years of age in the vehicle at the time of the offense; [or]
34          (iii) was 21 years of age or older and had a passenger under 18 years of age in the
35     vehicle at the time of the offense[.]; or
36          (iv) at the time of the violation of Section 41-6a-502, also violated Section 41-6a-714.
37          (2) A person who violates Section 41-6a-502 is guilty of a third degree felony if:
38          (a) the person has also inflicted serious bodily injury upon another as a proximate
39     result of having operated the vehicle in a negligent manner;
40          (b) the person has two or more prior convictions as defined in Subsection
41     41-6a-501(2), each of which is within 10 years of:
42          (i) the current conviction under Section 41-6a-502; or
43          (ii) the commission of the offense upon which the current conviction is based; or
44          (c) the conviction under Section 41-6a-502 is at any time after a conviction of:
45          (i) automobile homicide under Section 76-5-207 that is committed after July 1, 2001;
46          (ii) a felony violation of Section 41-6a-502 or a statute previously in effect in this state
47     that would constitute a violation of Section 41-6a-502 that is committed after July 1, 2001; or
48          (iii) any conviction described in Subsection (2)(c)(i) or (ii) which judgment of
49     conviction is reduced under Section 76-3-402.
50          (3) A person is guilty of a separate offense for each victim suffering bodily injury or
51     serious bodily injury as a result of the person's violation of Section 41-6a-502 or death as a
52     result of the person's violation of Section 76-5-207 whether or not the injuries arise from the
53     same episode of driving.