First Substitute H.B. 5002

Representative A. Lamont Tyler proposes the following substitute bill:

1 COURT RECORDS OF DRIVING UNDER THE
2 INFLUENCE CASES
3 2002 FIFTH SPECIAL SESSION
4 STATE OF UTAH
5 Sponsor: A. Lamont Tyler
6 This act modifies the driving while intoxicated and reckless driving article of the motor
7 vehicles code. The act requires a justice court to collect and transmit data related to DUI to
8 the Department of Public Safety as soon as the court is capable of transmitting data
9 electronically. The act requires the Department of Public Safety to maintain an electronic
10 data base of DUI data received from the courts. The act requires the Commission on
11 Criminal and Juvenile Justice to provide an annual report on the DUI data to the Judiciary
12 and Transportation Interim Committees. This act provides an immediate effective date.
13 This act affects sections of Utah Code Annotated 1953 as follows:
14 AMENDS:
15 41-6-43.7, as enacted by Chapter 203, Laws of Utah 2002
16 This act affects uncodified material as follows:
17 REPEALS:
18 Uncodified Section 2, Chapter 203, Laws of Utah 2002
19 Be it enacted by the Legislature of the state of Utah:
20 Section 1. Section 41-6-43.7 is amended to read:
21 41-6-43.7. Courts to collect and maintain data.
22 (1) The state courts shall collect and maintain data necessary to allow sentencing and
23 enhancement decisions to be made in accordance with this article.
24 (2) (a) Each justice court shall transmit dispositions electronically to the Department of
25 Public Safety in accordance with the requirement for recertification established by the Judicial

26 Council.
27 (b) Immediately upon filling the requirements under Subsection (2)(a), a justice court shall
28 collect and report the same DUI related data elements collected and maintained by the state courts
29 under Subsection (1).
30 (3) The Department of Public Safety shall maintain an electronic data base for DUI related
31 records and data including the data elements received or collected from the courts under this
32 section.
33 (4) (a) The Commission on Criminal and Juvenile Justice shall prepare an annual report
34 of DUI related data including the following:
35 (i) the data collected by the courts under Subsections (1) and (2); and
36 (ii) any measures for which data are available to evaluate the profile and impacts of DUI
37 recidivism and to evaluate the DUI related processes of:
38 (A) law enforcement;
39 (B) adjudication;
40 (C) sanctions;
41 (D) drivers' license control; and
42 (E) alcohol education, assessment, and treatment.
43 (b) The report shall be provided to the Judiciary and Transportation Interim Committees
44 no later than the last day of October following the end of the fiscal year for which the report is
45 prepared.
46 Section 2. Repealer.
47 This act repeals:
48 Uncodified Section 2, Chapter 203, Laws of Utah 2002, Interim reports.
49 Section 3. Effective date.
50 If approved by two-thirds of all the members elected to each house, this act takes effect
51 upon approval by the governor, or the day following the constitutional time limit of Utah
52 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
53 date of veto override.