First Substitute H.B. 101

Representative Duane E. Bourdeaux proposes the following substitute bill:

1 RACIAL PROFILING
2 2002 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Duane E. Bourdeaux
5 This act modifies the Uniform Driver License Act and related provisions regarding traffic
6 law enforcement. The act requires race information to be provided on the driver license
7 application and the state identification card application. The act requires the Department
8 of Public Safety to establish a h protected h database to monitor traffic and pedestrian stops by
8a peace
9 officers and provides the Commission on Criminal and Juvenile Justice access to the
10 information for evaluation. The act requires law enforcement agencies in the state to
11 establish, on or before January 1, 2003, written policies prohibiting unconstitutional traffic
12 enforcement. This act takes effect on July 1, 2002 and provides a repeal date of July 1, 2007
13 for certain sections of the act.
14 This act affects sections of Utah Code Annotated 1953 as follows:
15 AMENDS:
16 10-3-913, as last amended by Chapter 44, Laws of Utah 1990
17 10-3-918, as last amended by Chapter 178, Laws of Utah 2001
18 17-22-2, as last amended by Chapter 133, Laws of Utah 2000
19 53-1-106, as last amended by Chapters 42 and 202, Laws of Utah 2001
20 53-1-108, as last amended by Chapter 47, Laws of Utah 2001
21 53-3-205, as last amended by Chapters 85 and 117, Laws of Utah 2001
22 53-3-804, as last amended by Chapters 117 and 125, Laws of Utah 2001
23 53-8-104, as last amended by Chapters 236 and 396, Laws of Utah 1998
24 63-55b-153, as last amended by Chapters 219 and 234, Laws of Utah 2000
25 Be it enacted by the Legislature of the state of Utah:

26 Section 1. Section 10-3-913 is amended to read:
27 10-3-913. Authority of chief of police.
28 (1) The chief of police has the same authority as the sheriff within the boundaries of the
29 municipality of appointment. The chief has authority to:
30 (a) suppress riots, disturbances, and breaches of the peace;
31 (b) apprehend all persons violating state laws or city ordinances;
32 (c) diligently discharge his duties and enforce all ordinances of the city to preserve the
33 peace, good order, and protection of the rights and property of all persons; and
34 (d) attend the municipal justice court located within the city when required, provide
35 security for the court, and obey its orders and directions.
36 (2) This section is not a limitation of a police chief's statewide authority as otherwise
37 provided by law.
38 (3) The chief of police shall, on or before January 1, 2003, adopt a written policy that
39 prohibits the stopping, detention, or search of any person when the action is solely motivated by
40 considerations of race, color, ethnicity, age, or gender.
41 Section 2. Section 10-3-918 is amended to read:
42 10-3-918. Chief of police or marshal in third class cities and towns.
43 The chief of police or marshal in a city of the third class or town:
44 (1) shall:
45 (a) exercise and perform the duties that are prescribed by the legislative body; [and]
46 (b) be under the direction, control, and supervision of the person or body that appointed
47 the chief or marshal; and
48 (c) on or before January 1, 2003, adopt a written policy that prohibits the stopping,
49 detention, or search of any person when the action is solely motivated by considerations of race,
50 color, ethnicity, age, or gender; and
51 (2) may, with the consent of the person or body that appointed the chief or marshal,
52 appoint assistants to the chief of police or marshal.
53 Section 3. Section 17-22-2 is amended to read:
54 17-22-2. Sheriff -- General duties.
55 (1) The sheriff shall:
56 (a) preserve the peace;

57 (b) make all lawful arrests;
58 (c) attend in person or by deputy the Supreme Court and the Court of Appeals when
59 required or when the court is held within his county, all courts of record, and court commissioner
60 and referee sessions held within his county, obey their lawful orders and directions, and comply
61 with the court security rule, Rule 3-414, of the Utah Code of Judicial Administration;
62 (d) upon request of the juvenile court, aid the court in maintaining order during hearings
63 and transport a minor to and from youth corrections facilities, other institutions, or other
64 designated places;
65 (e) attend county justice courts if the judge finds that the matter before the court requires
66 the sheriff's attendance for security, transportation, and escort of jail prisoners in his custody, or
67 for the custody of jurors;
68 (f) command the aid of as many inhabitants of his county as he considers necessary in the
69 execution of these duties;
70 (g) take charge of and keep the county jail and the jail prisoners;
71 (h) receive and safely keep all persons committed to his custody, file and preserve the
72 commitments of those persons, and record the name, age, place of birth, and description of each
73 person committed;
74 (i) release on the record all attachments of real property when the attachment he receives
75 has been released or discharged;
76 (j) endorse on all process and notices the year, month, day, hour, and minute of reception,
77 and, upon payment of fees, issue a certificate to the person delivering process or notice showing
78 the names of the parties, title of paper, and the time of receipt;
79 (k) serve all process and notices as prescribed by law;
80 (l) if he makes service of process or notice, certify on the process or notices the manner,
81 time, and place of service, or, if he fails to make service, certify the reason upon the process or
82 notice, and return them without delay;
83 (m) extinguish fires occurring in the undergrowth, trees, or wooded areas on the public
84 land within his county;
85 (n) perform as required by any contracts between the county and private contractors for
86 management, maintenance, operation, and construction of county jails entered into under the
87 authority of Section 17-53-311 ;

88 (o) manage search and rescue services in his county; [and]
89 (p) on or before January 1, 2003, adopt a written policy that prohibits the stopping,
90 detention, or search of any person when the action is solely motivated by considerations of race,
91 color, ethnicity, age, or gender; and
92 [(p)] (q) perform any other duties that are required by law.
93 (2) Violation of Subsection (1)(j) is a class C misdemeanor. Violation of any other
94 subsection under Subsection (1) is a class A misdemeanor.
95 Section 4. Section 53-1-106 is amended to read:
96 53-1-106. Department duties -- Powers.
97 (1) In addition to the responsibilities contained in this title, the department shall:
98 (a) make rules and perform the functions specified in Title 41, Chapter 6, Traffic Rules
99 and Regulations, including:
100 (i) setting performance standards for towing companies to be used by the department, as
101 required by Section 41-6-102.5 ; and
102 (ii) advising the Department of Transportation regarding the safe design and operation of
103 school buses, as required by Section 41-6-115 ;
104 (b) make rules to establish and clarify standards pertaining to the curriculum and teaching
105 methods of a motor vehicle accident prevention course under Section 31A-19a-211 ;
106 (c) aid in enforcement efforts to combat drug trafficking using funds appropriated under
107 Section 58-37-20 ;
108 (d) as part of the annual budget hearings, provide the Executive Offices, Criminal Justice,
109 and Legislature Appropriations Subcommittee with a complete accounting of expenditures and
110 revenues from the funds under Section 58-37-20 ;
111 (e) meet with the Department of Administrative Services to formulate contracts, establish
112 priorities, and develop funding mechanisms for dispatch and telecommunications operations, as
113 required by Section 63A-6-107 ;
114 (f) provide assistance to the Crime Victims' Reparations Board and Reparations Office in
115 conducting research or monitoring victims' programs, as required by Section 63-25a-405 ;
116 (g) develop sexual assault exam protocol standards in conjunction with the Utah Hospital
117 Association;
118 (h) engage in emergency planning activities, including preparation of policy and procedure

119 and rulemaking necessary for implementation of the federal Emergency Planning and Community
120 Right to Know Act of 1986, as required by Section 63-5-5 ; [and]
121 (i) implement the provisions of Section 53-2-202 , the Emergency Management Assistance
122 Compact[.]; and
123 (j) (i) maintain a database of the information listed below regarding each driver license or
124 state identification card status check made by a law enforcement officer:
125 (A) the agency employing the law enforcement officer;
126 (B) the name of the law enforcement officer or the identifying number the agency has
127 assigned to the law enforcement officer;
127a h (C) THE RACE AND GENDER OF THE LAW ENFORCEMENT OFFICER; h
128 h [ (C) ] (D) h the purpose of the law enforcement officer's status check, including but not
128a limited to
129 a traffic stop or a pedestrian stop; and
130 h [ (D) ] (E) h the race of the individual regarding whom the status check is made, based on the
131 information provided through the application process under Section 53-3-205 or 53-3-804 ; h [ and ] h
132 (ii) provide access to the database created in h [ this ] h Subsection h [ (14) ] (1)(j)(i) h to the
132a Commission on
133 Criminal and Juvenile Justice for the purpose of:
134 (A) evaluating the data;
135 (B) evaluating the effectiveness of the data collection process; and
136 (C) reporting and making recommendations to the Legislature h ; AND
136a (iii) CLASSIFY ANY PERSONAL IDENTIFYING INFORMATION OF ANY INDIVIDUAL,
136b INCLUDING LAW ENFORCEMENT OFFICERS, IN THE DATABASE AS PROTECTED RECORDS UNDER
136c SUBSECTION 63-2-304(9) h .
137 (2) (a) The department may establish a schedule of fees as required or allowed in this title
138 for services provided by the department.
139 (b) The fees shall be established in accordance with Section 63-38-3.2 .
140 Section 5. Section 53-1-108 is amended to read:
141 53-1-108. Commissioner's powers and duties.
142 (1) In addition to the responsibilities contained in this title, the commissioner shall:
143 (a) administer and enforce this title and Title 41, Chapter 12a, Financial Responsibility of
144 Motor Vehicle Owners and Operators Act;
145 (b) appoint deputies, inspectors, examiners, clerical workers, and other employees as
146 required to properly discharge the duties of the department;
147 (c) make rules:
148 (i) governing emergency use of signal lights on private vehicles; and
149 (ii) allowing privately owned vehicles to be designated for part-time emergency use, as

150 provided in Section 41-6-1.5 ;
151 (d) set standards for safety belt systems, as required by Section 41-6-182 ;
152 (e) serve as the chairman of the Disaster Emergency Advisory Council, as required by
153 Section 63-5-4 ; [and]
154 (f) designate vehicles as "authorized emergency vehicles," as required by Section 41-6-1 [.];
155 and
156 (g) on or before January 1, 2003, adopt a written policy that prohibits the stopping,
157 detention, or search of any person when the action is solely motivated by considerations of race,
158 color, ethnicity, age, or gender.
159 (2) The commissioner may:
160 (a) subject to the approval of the governor, establish division headquarters at various
161 places in the state;
162 (b) issue to a special agent a certificate of authority to act as a peace officer and revoke that
163 authority for cause, as authorized in Section 56-1-21.5 ;
164 (c) create specialized units within the commissioner's office for conducting internal affairs
165 and aircraft operations as necessary to protect the public safety;
166 (d) cooperate with any recognized agency in the education of the public in safety and crime
167 prevention and participate in public or private partnerships, subject to Subsection (3);
168 (e) cooperate in applying for and distributing highway safety program funds; and
169 (f) receive and distribute federal funding to further the objectives of highway safety in
170 compliance with the Federal Assistance Management Program Act.
171 (3) (a) Money may not be expended under Subsection (2)(d) for public safety education
172 unless it is specifically appropriated by the Legislature for that purpose.
173 (b) Any recognized agency receiving state money for public safety shall file with the
174 auditor of the state an itemized statement of all its receipts and expenditures.
175 Section 6. Section 53-3-205 is amended to read:
176 53-3-205. Application for license or endorsement -- Fee required -- Tests --
177 Expiration dates of licenses and endorsements -- Information required -- Previous licenses
178 surrendered -- Driving record transferred from other states -- Reinstatement -- Fee required
179 -- License agreement.
180 (1) An application for any original license, provisional license, or endorsement shall be:

181 (a) made upon a form furnished by the division; and
182 (b) accompanied by a nonrefundable fee set under Section 53-3-105 .
183 (2) An application and fee for an original class D license entitle the applicant to:
184 (a) not more than three attempts to pass both the knowledge and skills tests for a class D
185 license within six months of the date of the application;
186 (b) a learner permit if needed after the knowledge test is passed; and
187 (c) an original class D license and license certificate after all tests are passed.
188 (3) An application and fee for an original class M license entitle the applicant to:
189 (a) not more than three attempts to pass both the knowledge and skills tests for a class M
190 license within six months of the date of the application;
191 (b) a learner permit if needed after the knowledge test is passed; and
192 (c) an original class M license and license certificate after all tests are passed.
193 (4) An application and fee for a motorcycle or taxicab endorsement entitle the applicant
194 to:
195 (a) not more than three attempts to pass both the knowledge and skills tests within six
196 months of the date of the application;
197 (b) a motorcycle learner permit if needed after the motorcycle knowledge test is passed;
198 and
199 (c) a motorcycle or taxicab endorsement when all tests are passed.
200 (5) An application and fees for a commercial class A, B, or C license entitle the applicant
201 to:
202 (a) not more than two attempts to pass a knowledge test and not more than two attempts
203 to pass a skills test within six months of the date of the application;
204 (b) a commercial driver instruction permit if needed after the knowledge test is passed; and
205 (c) an original commercial class A, B, or C license and license certificate when all
206 applicable tests are passed.
207 (6) An application and fee for a CDL endorsement entitle the applicant to:
208 (a) not more than two attempts to pass a knowledge test and not more than two attempts
209 to pass a skills test within six months of the date of the application; and
210 (b) a CDL endorsement when all tests are passed.
211 (7) If a CDL applicant does not pass a knowledge test, skills test, or an endorsement test

212 within the number of attempts provided in Subsection (5) or (6), each test may be taken two
213 additional times within the six months for the fee provided in Section 53-3-105 .
214 (8) (a) An original license expires on the birth date of the applicant in the fifth year
215 following the year the license certificate was issued.
216 (b) A renewal or an extension to a license expires on the birth date of the licensee in the
217 fifth year following the expiration date of the license certificate renewed or extended.
218 (c) A duplicate license expires on the same date as the last license certificate issued.
219 (d) An endorsement to a license expires on the same date as the license certificate
220 regardless of the date the endorsement was granted.
221 (e) A license and any endorsement to the license held by a person ordered to active duty
222 and stationed outside Utah in any of the armed forces of the United States, which expires during
223 the time period the person is stationed outside of the state, is valid until 90 days after the person
224 has been discharged or has left the service, unless the license is suspended, disqualified, denied,
225 or has been cancelled or revoked by the division, or the licensee updates the information or
226 photograph on the license certificate.
227 (9) (a) In addition to the information required by Title 63, Chapter 46b, Administrative
228 Procedures Act, for requests for agency action, each application shall:
229 (i) state the:
230 (A) full legal name[,];
231 (B) birth date[,];
232 (C) sex[,];
233 (D) between July 1, 2002 and July 1, 2007, race in accordance with the categories
234 established by the United States Census Bureau;
235 (E) Social Security number or temporary identification number (ITIN) issued by the
236 Internal Revenue Service for a person who does not qualify for a Social Security number[,]; and
237 (F) residence address of the applicant;
238 (ii) briefly describe the applicant;
239 (iii) state whether the applicant has previously been licensed to drive a motor vehicle and,
240 if so, when and by what state or country;
241 (iv) state whether the applicant has ever had any license suspended, cancelled, revoked,
242 disqualified, or denied in the last six years, or whether the applicant has ever had any license

243 application refused, and if so, the date of and reason for the suspension, cancellation, revocation,
244 disqualification, denial, or refusal;
245 (v) state whether the applicant intends to make an anatomical gift under Title 26, Chapter
246 28, Uniform Anatomical Gift Act, in compliance with Subsection (16);
247 (vi) provide all other information the division requires; and
248 (vii) be signed which may include electronic signatures as defined in Section 46-4-102 .
249 (b) An applicant's Social Security number or temporary identification number (ITIN) shall
250 be maintained on the computerized records of the division.
250a h (c) AN APPLICANT MAY NOT BE DENIED A LICENSE FOR REFUSING TO PROVIDE RACE
250b INFORMATION REQUIRED UNDER SUBSECTION (9)(a)(i)(D). h
251 (10) The division shall require proof of every applicant's name, birthdate, and birthplace
252 by at least one of the following means:
253 (a) current license certificate;
254 (b) birth certificate;
255 (c) Selective Service registration; or
256 (d) other proof, including church records, family Bible notations, school records, or other
257 evidence considered acceptable by the division.
258 (11) When an applicant receives a license in another class, all previous license certificates
259 shall be surrendered and canceled. However, a disqualified commercial license may not be
260 canceled unless it expires before the new license certificate is issued.
261 (12) (a) When an application is received from a person previously licensed in another state
262 to drive a motor vehicle, the division shall request a copy of the driver's record from the other state.
263 (b) When received, the driver's record becomes part of the driver's record in this state with
264 the same effect as though entered originally on the driver's record in this state.
265 (13) An application for reinstatement of a license after the suspension, cancellation,
266 disqualification, denial, or revocation of a previous license shall be accompanied by the additional
267 fee or fees specified in Section 53-3-105 .
268 (14) A person who has an appointment with the division for testing and fails to keep the
269 appointment or to cancel at least 48 hours in advance of the appointment shall pay the fee under
270 Section 53-3-105 .
271 (15) A person who applies for an original license or renewal of a license agrees that the
272 person's license is subject to any suspension or revocation authorized under this title or Title 41,
273 Motor Vehicles.

274 (16) (a) The indication of intent under Subsection (9)(a)(v) shall be authenticated by the
275 licensee in accordance with division rule.
276 (b) (i) Notwithstanding Title 63, Chapter 2, Government Records Access and Management
277 Act, the division may, upon request, release to an organ procurement organization, as defined in
278 Section 26-28-2 , the names and addresses of all persons who under Subsection (9)(a)(v) indicate
279 that they intend to make an anatomical gift.
280 (ii) An organ procurement organization may use released information only to:
281 (A) obtain additional information for an anatomical gift registry; and
282 (B) inform licensees of anatomical gift options, procedures, and benefits.
283 (17) The division and its employees are not liable, as a result of false or inaccurate
284 information provided under Subsection (9)(a)(v), for direct or indirect:
285 (a) loss;
286 (b) detriment; or
287 (c) injury.
288 Section 7. Section 53-3-804 is amended to read:
289 53-3-804. Application for identification card -- Required information -- Release of
290 anatomical gift information.
291 (1) To apply for an identification card, the applicant shall appear in person at any license
292 examining station.
293 (2) The applicant shall provide the following information to the division:
294 (a) true and full legal name and address;
295 (b) date of birth as set forth in a certified copy of the applicant's birth certificate, or other
296 satisfactory evidence of birth, which shall be attached to the application;
297 (c) Social Security number or temporary identification number (ITIN) issued by the
298 Internal Revenue Service for a person who does not qualify for a Social Security number;
299 (d) place of birth;
300 (e) height and weight;
301 (f) color of eyes and hair;
302 (g) between July 1, 2002 and July 1, 2007, race in accordance with the categories
303 established by the United States Census Bureau;
304 [(g)] (h) signature;

305 [(h)] (i) photograph; and
306 [(i)] (j) an indication whether the applicant intends to make an anatomical gift under Title
307 26, Chapter 28, Uniform Anatomical Gift Act.
308 (3) The requirements of Section 53-3-234 shall also apply to this section for each person,
309 age 16 and older, applying for an identification card. Refusal to consent to the release of
310 information shall result in the denial of the identification card.
310a h (4) AN APPLICANT MAY NOT BE DENIED AN IDENTIFICATION CARD FOR REFUSING TO
310b PROVIDE RACE INFORMATION REQUIRED UNDER SUBSECTION (2)(g). h
311 Section 8. Section 53-8-104 is amended to read:
312 53-8-104. Superintendent's duties.
313 The superintendent shall:
314 (1) divide the state highways into sections for the purpose of patrolling and policing;
315 (2) employ peace officers known as highway patrol troopers to patrol or police the
316 highways within this state and to enforce the state statutes as required;
317 (3) establish ranks, grades, and positions in the Highway Patrol and designate the authority
318 and responsibility in each rank, grade, and position;
319 (4) establish for the Highway Patrol standards and qualifications and fix prerequisites of
320 training, education, and experience for each rank, grade, and position;
321 (5) appoint personnel to each rank, grade, and position necessary for the efficient operation
322 and administration of the Highway Patrol;
323 (6) devise and administer examinations designed to test applicants for positions with the
324 Highway Patrol;
325 (7) make rules governing the Highway Patrol as appear to the superintendent advisable;
326 (8) discharge, demote, or temporarily suspend any employee in the Highway Patrol for
327 cause;
328 (9) prescribe the uniforms to be worn and the equipment to be used by employees of the
329 Highway Patrol;
330 (10) charge against each employee of the Highway Patrol the value of any property of the
331 state lost or destroyed through the carelessness of the employee;
332 (11) establish, with the approval of the Division of Finance, the terms and conditions under
333 which expense allowance should be paid to any employee of the Highway Patrol while away from
334 his station;
335 (12) station the Highway Patrol in localities as he finds advisable for the enforcement of

336 the laws of this state;
337 (13) conduct in conjunction with the State Board of Education in and through all state
338 schools an educational campaign in highway safety and work in conjunction with civic
339 organizations, churches, local units of government, and other organizations that may function in
340 accomplishing the purposes of reducing highway accidents;
341 (14) provide the initial mandatory uniform items for each new trooper hired after July 1,
342 1998; [and]
343 (15) determine by rule a basic uniform allowance system which includes the manner in
344 which troopers may receive maintenance services and vouchers for basic uniforms and administer
345 any funds appropriated by the Legislature to the division for that purpose[.]; and
346 (16) on or before January 1, 2003, adopt a written policy that prohibits the stopping,
347 detention, or search of any person when the action is solely motivated by considerations of race,
348 color, ethnicity, age, or gender.
349 Section 9. Section 63-55b-153 is amended to read:
350 63-55b-153. Repeal dates -- Titles 53 and 53A.
351 (1) Subsection 53-3-205 (9)(a)(i)(D) is repealed July 1, 2007.
352 (2) Subsection 53-3-804 (2)(g) is repealed July 1, 2007.
353 [(1)] (3) Subsection 53-5-710 (4) pertaining to restrictions at Olympic venue secure areas
354 is repealed April 1, 2002.
355 [(2)] (4) Title 53, Chapter 12, State Olympic Public Safety Command Act, is repealed July
356 1, 2002.
357 [(3)] (5) Section 53-12-301.1 is repealed April 1, 2002.
358 [(4)] (6) Section 53A-1-403.5 is repealed July 1, 2007.
359 [(5)] (7) Section 53A-3-602 is repealed July 1, 2002.
360 [(6)] (8) Section 53A-15-901 is repealed July 1, 2005.
361 Section 10. Effective date.
362 This act takes effect on July 1, 2002.