H.B. 212 Enrolled

TRAFFIC VIOLATIONS BY DIPLOMATS
2005 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: David L. Hogue
Senate Sponsor: Dan R. Eastman

LONG TITLE
General Description:
This bill modifies the Motor Vehicles Code by enacting provisions related to traffic
violations by diplomats.
Highlighted Provisions:
This bill:
. defines diplomat to mean an individual who has a driver license issued by the
United States Department of State or who claims certain diplomatic immunities or
privileges for moving traffic violations or operating a motor vehicle while
committing certain other serious criminal offenses;
. requires a law enforcement officer who has probable cause to believe that a
diplomat has committed a moving traffic violation or certain other criminal offenses
while operating a motor vehicle to:
. contact the United States Department of State to verify the driver's status and
immunity;
. record all relevant information from any driver license or identification card;
and
. forward all citations, reports, or other charging documentation to the
Department of Public Safety within five working days after the date the officer
stops the driver;
. requires the Department of Public Safety to file each document and send a copy to
the Bureau of Diplomatic Security, Office of Foreign Missions, of the United States
Department of State; and

. provides that this bill does not prohibit or limit the application of any law to a
criminal or motor vehicle violation by a diplomat.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
41-6a-1901, Utah Code Annotated 1953

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 41-6a-1901 is enacted to read:
Part 19. Traffic Violations by Diplomats
41-6a-1901. Applicability -- Law enforcement officer duties -- Documents and
records -- Notice to Department of State.
(1) As used in this section, "diplomat" means an individual who:
(a) has a driver license issued by the United States Department of State; or
(b) claims immunities or privileges under 22 U.S.C. Sections 254a through 258a with
respect to:
(i) a moving traffic violation under this title or a moving traffic violation of an ordinance
of a local authority; or
(ii) operating a motor vehicle while committing any of the following offenses:
(A) automobile homicide under Section 76-5-207 ;
(B) manslaughter under Section 76-5-205 ;
(C) negligent homicide under Section 76-5-206 ;
(D) aggravated assault under Section 76-5-103 ; or
(E) reckless endangerment under Section 76-5-112 .
(2) A law enforcement officer who stops a motor vehicle and has probable cause to

believe that the driver is a diplomat that has committed a violation described under Subsection
(1)(b)(i) or (ii) shall:
(a) as soon as practicable, contact the United States Department of State in order to
verify the driver's status and immunity, if any;
(b) record all relevant information from any driver license or identification card,
including a driver license or identification card issued by the United States Department of State;
and
(c) within five working days after the date the officer stops the driver, forward all of the
following to the Department of Public Safety:
(i) if the driver is involved in a vehicle accident, the vehicle accident report;
(ii) if a citation or other charging document was issued to the driver, a copy of the
citation or other charging document; and
(iii) if a citation or other charging document was not issued to the driver, a written report
of the incident.
(3) The Department of Public Safety shall:
(a) file each vehicle accident report, citation or other charging document, and incident
report that the Department of Public Safety receives under this section;
(b) keep convenient records or make suitable notations showing each:
(i) conviction;
(ii) finding of responsibility; and
(iii) vehicle accident; and
(c) within five working days after receipt, send a copy of each document and record
described in Subsection (3) to the Bureau of Diplomatic Security, Office of Foreign Missions, of
the United States Department of State.
(4) This section does not prohibit or limit the application of any law to a criminal or
motor vehicle violation committed by a diplomat.