H.B. 212

1

TRAFFIC VIOLATIONS BY DIPLOMATS
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: David L. Hogue
5
6 LONG TITLE
7 General Description:
8 This bill modifies the Motor Vehicles Code by enacting provisions related to traffic
9 violations by diplomats.
10 Highlighted Provisions:
11 This bill:
12 . defines diplomat to mean an individual who has a driver license issued by the
13 United States Department of State or who claims certain diplomatic immunities or
14 privileges for moving traffic violations or operating a motor vehicle while
15 committing certain other serious criminal offenses;
16 . requires a law enforcement officer who has probable cause to believe that a
17 diplomat has committed a moving traffic violation or certain other criminal offenses
18 while operating a motor vehicle to:
19 . contact the United States Department of State to verify the driver's status and
20 immunity;
21 . record all relevant information from any driver license or identification card;
22 and
23 . forward all citations, reports, or other charging documentation to the
24 Department of Public Safety within five working days after the date the officer
25 stops the driver;
26 . requires the Department of Public Safety to file each document and send a copy to
27 the Bureau of Diplomatic Security, Office of Foreign Missions, of the United States

28 Department of State; and
29 . provides that this bill does not prohibit or limit the application of any law to a
30 criminal or motor vehicle violation by a diplomat.
31 Monies Appropriated in this Bill:
32 None
33 Other Special Clauses:
34 None
35 Utah Code Sections Affected:
36 ENACTS:
37 41-6a-1901, Utah Code Annotated 1953
38
39 Be it enacted by the Legislature of the state of Utah:
40 Section 1. Section 41-6a-1901 is enacted to read:
41 Part 19. Traffic Violations by Diplomats
42 41-6a-1901. Applicability -- Law enforcement officer duties -- Documents and
43 records -- Notice to Department of State.
44 (1) As used in this section, "diplomat" means an individual who:
45 (a) has a driver license issued by the United States Department of State; or
46 (b) claims immunities or privileges under 22 U.S.C. Sections 254a through 258a with
47 respect to:
48 (i) a moving traffic violation under this title or a moving traffic violation of an
49 ordinance of a local authority; or
50 (ii) operating a motor vehicle while committing any of the following offenses:
51 (A) automobile homicide under Section 76-5-207 ;
52 (B) manslaughter under Section 76-5-205 ;
53 (C) negligent homicide under Section 76-5-206 ;
54 (D) aggravated assault under Section 76-5-103 ; or
55 (E) reckless endangerment under Section 76-5-112 .
56 (2) A law enforcement officer who stops a motor vehicle and has probable cause to
57 believe that the driver is a diplomat that has committed a violation described under Subsection
58 (1)(b)(i) or (ii) shall:

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




Legislative Review Note
as of 1-6-05 2:55 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel