S.B. 167 Enrolled

PENALTIES FOR FALSE DRIVER LICENSES
AND IDENTIFICATION CARDS
2005 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Carlene M. Walker
House Sponsor: Brent H. Goodfellow

LONG TITLE
General Description:
This bill modifies the Driver Licensing Act and the Identification Card Act by
amending provisions related to false information on or the use of false driver license
certificates or identification cards.
Highlighted Provisions:
This bill:
. provides that it is a class C misdemeanor to:
. knowingly acquire, use, display, or transfer an item that purports to be an
authentic driver license certificate or identification card if the item is not
authentic; or
. alter any information contained on an authentic driver license certificate or
identification card so that it no longer represents the information originally
displayed;
. provides that it is a class A misdemeanor to:
. knowingly issue a driver license certificate or identification card with false or
fraudulent information;
. knowingly issue a driver license certificate or identification card to a person
younger than 21 years of age if the license or identification card is not
distinguished by use of format and printing; or
. knowingly use, display, or transfer a false or altered driver license certificate or
identification card to procure cigarettes, tobacco, or tobacco products;

. provides that a person may not use a false or altered driver license certificate or
identification card to procure alcoholic beverages, gain admittance to a place where
alcoholic beverages are sold, or obtain any employment that may not be obtained by a
minor;
. provides that it is a third degree felony if a person's acquisition, use, display, or
transfer of a false or altered driver license certificate or identification card:
. aids or furthers the person's efforts to fraudulently obtain goods or services; or
. aids or furthers the person's efforts to commit a violent felony;
. provides that the Driver License Division may immediately deny, suspend, disqualify,
or revoke the license of any person if the division has been notified or has reason to
believe the person knowingly acquired, used, displayed, or transferred an item that
purports to be an authentic driver license if the item is not authentic; and
. makes technical changes.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-3-221, as last amended by Chapter 200, Laws of Utah 2002
53-3-229, as last amended by Chapter 146, Laws of Utah 2002
53-3-810, as last amended by Chapter 146, Laws of Utah 2002

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 53-3-221 is amended to read:
53-3-221. Offenses which may result in denial, suspension, disqualification, or
revocation of license without hearing -- Additional grounds for suspension -- Point system
for traffic violations -- Notice and hearing -- Reporting of traffic violation procedures.

(1) By following the emergency procedures in Title 63, Chapter 46b, Administrative
Procedures Act, the division may immediately deny, suspend, disqualify, or revoke the license of
any person without hearing and without receiving a record of the person's conviction of crime
when the division has been notified or has reason to believe the person:
(a) has committed any offenses for which mandatory suspension or revocation of a
license is required upon conviction under Section 53-3-220 ;
(b) has, by reckless or unlawful driving of a motor vehicle, caused or contributed to an
accident resulting in death or injury to any other person, or serious property damage;
(c) is incompetent to drive a motor vehicle or is afflicted with mental or physical
infirmities or disabilities rendering it unsafe for the person to drive a motor vehicle upon the
highways;
(d) has committed a serious violation of the motor vehicle laws of this state;
(e) has knowingly acquired, used, displayed, or transferred an item that purports to be an
authentic driver license certificate issued by a governmental entity if the item is not an authentic
driver license certificate or has permitted an unlawful use of the license as [defined in] prohibited
under Section 53-3-229 ; or
(f) has been convicted of serious offenses against traffic laws governing the movement of
motor vehicles with a frequency that indicates a disrespect for traffic laws and a disregard for the
safety of other persons on the highways.
(2) (a) The division may suspend the license of a person under Subsection (1) when the
person has failed to comply with the terms stated on a traffic citation issued in this state, except
this Subsection (2) does not apply to highway weight limit violations or violations of law
governing the transportation of hazardous materials.
(b) This Subsection (2) applies to parking and standing violations only if a court has
issued a warrant for the arrest of a person for failure to post bail, appear, or otherwise satisfy the
terms of the citation.
(c) (i) This Subsection (2) may not be exercised unless notice of the pending suspension
of the driving privilege has been sent at least ten days previously to the person at the address

provided to the division.
(ii) After clearance by the division, a report authorized by Section 53-3-104 may not
contain any evidence of a suspension that occurred as a result of failure to comply with the terms
stated on a traffic citation.
(3) (a) The division may suspend the license of a person under Subsection (1) when the
division has been notified by a court that the person has an outstanding unpaid fine, an
outstanding incomplete restitution requirement, or an outstanding warrant levied by order of a
court.
(b) The suspension remains in effect until the division is notified by the court that the
order has been satisfied.
(c) After clearance by the division, a report authorized by Section 53-3-104 may not
contain any evidence of the suspension.
(4) The division shall make rules establishing a point system as provided for in this
Subsection (4).
(a) (i) The division shall assign a number of points to each type of moving traffic
violation as a measure of its seriousness.
(ii) The points shall be based upon actual relationships between types of traffic violations
and motor vehicle traffic accidents.
(b) Every person convicted of a traffic violation shall have assessed against his driving
record the number of points that the division has assigned to the type of violation of which the
person has been convicted, except that the number of points assessed shall be decreased by 10%
if on the abstract of the court record of the conviction the court has graded the severity of
violation as minimum, and shall be increased by 10% if on the abstract the court has graded the
severity of violation as maximum.
(c) (i) A separate procedure for assessing points for speeding offenses shall be
established by the division based upon the severity of the offense.
(ii) The severity of a speeding violation shall be graded as:
(A) "minimum" for exceeding the posted speed limit by up to ten miles per hour;

(B) "intermediate" for exceeding the posted speed limit by from 11 to 20 miles per hour;
and
(C) "maximum" for exceeding the posted speed limit by 21 or more miles per hour.
(iii) Consideration shall be made for assessment of no points on minimum speeding
violations, except for speeding violations in school zones.
(d) (i) Points assessed against a person's driving record shall be deleted for violations
occurring before a time limit set by the division.
(ii) The time limit may not exceed three years.
(iii) The division may also delete points to reward violation-free driving for periods of
time set by the division.
(e) (i) By publication in two newspapers having general circulation throughout the state,
the division shall give notice of the number of points it has assigned to each type of traffic
violation, the time limit set by the division for the deletion of points, and the point level at which
the division will generally take action to deny or suspend under this section.
(ii) The division may not change any of the information provided above regarding points
without first giving new notice in the same manner.
(5) (a) (i) Upon denying or suspending the license of a person under this section, the
division shall immediately notify the licensee in a manner specified by the division and afford
him an opportunity for a hearing in the county where the licensee resides.
(ii) The hearing shall be documented, and the division or its authorized agent may
administer oaths, may issue subpoenas for the attendance of witnesses and the production of
relevant books and papers, and may require a reexamination of the licensee.
(iii) One or more members of the division may conduct the hearing, and any decision
made after a hearing before any number of the members of the division is as valid as if made
after a hearing before the full membership of the division.
(iv) After the hearing the division shall either rescind its order of denial or suspension,
extend the denial or suspension of the license, or revoke the license.
(b) The denial or suspension of the license remains in effect pending qualifications

determined by the division regarding a person:
(i) whose license has been denied or suspended following reexamination;
(ii) who is incompetent to drive a motor vehicle;
(iii) who is afflicted with mental or physical infirmities that might make him dangerous
on the highways; or
(iv) who may not have the necessary knowledge or skill to drive a motor vehicle safely.
(6) (a) The division may suspend or revoke the license of any resident of this state upon
receiving notice of the conviction of that person in another state of an offense committed there
that, if committed in this state, would be grounds for the suspension or revocation of a license.
(b) The division may, upon receiving a record of the conviction in this state of a
nonresident driver of a motor vehicle or motorboat of any offense under the motor vehicle laws
of this state, forward a certified copy of the record to the motor vehicle administrator in the state
where the person convicted is a resident.
(7) (a) The division may suspend or revoke the license of any nonresident to drive a
motor vehicle in this state for any cause for which the license of a resident driver may be
suspended or revoked.
(b) Any nonresident who drives a motor vehicle upon a highway when his license has
been suspended or revoked by the division is guilty of a class C misdemeanor.
(8) (a) The division may not deny or suspend the license of any person for a period of
more than one year except:
(i) for failure to comply with the terms of a traffic citation under Subsection (2);
(ii) upon receipt of a second or subsequent order suspending juvenile driving privileges
under Section 53-3-219 ;
(iii) when extending a denial or suspension upon receiving certain records or reports
under Subsection 53-3-220 (2); and
(iv) for failure to give and maintain owner's or operator's security under Section
41-12a-411 .
(b) The division may suspend the license of a person under Subsection (2) until he shows

satisfactory evidence of compliance with the terms of the traffic citation.
(9) (a) By following the emergency procedures in Title 63, Chapter 46b, Administrative
Procedures Act, the division may immediately suspend the license of any person without hearing
and without receiving a record of his conviction for a crime when the division has reason to
believe that the person's license was granted by the division through error or fraud or that the
necessary consent for the license has been withdrawn or is terminated.
(b) The procedure upon suspension is the same as under Subsection (5), except that after
the hearing the division shall either rescind its order of suspension or cancel the license.
(10) (a) The division, having good cause to believe that a licensed driver is incompetent
or otherwise not qualified to be licensed, may upon notice in a manner specified by the division
of at least five days to the licensee require him to submit to an examination.
(b) Upon the conclusion of the examination the division may suspend or revoke the
person's license, permit him to retain the license, or grant a license subject to a restriction
imposed in accordance with Section 53-3-208 .
(c) Refusal or neglect of the licensee to submit to an examination is grounds for
suspension or revocation of his license.
(11) A report authorized by Section 53-3-104 may not contain any evidence of a
conviction for speeding on an interstate system in this state if the conviction was for a speed of
ten miles per hour or less, above the posted speed limit and did not result in an accident, unless
authorized in a manner specified by the division by the individual whose report is being
requested.
(12) (a) By following the emergency procedures in Title 63, Chapter 46b, Administrative
Procedures Act, the division may immediately suspend the license of a person if it has reason to
believe that the person is the owner of a motor vehicle for which security is required under Title
41, Chapter 12a, [Motor] Vehicle Financial Responsibility of Motor Vehicle Owners and
Operators Act, and has driven the motor vehicle or permitted it to be driven within this state
without the security being in effect.
(b) Section 41-12a-411 regarding the requirement of proof of owner's or operator's

security applies to persons whose driving privileges are suspended under this Subsection (12).
(c) If the division exercises the right of immediate suspension granted under this
Subsection (12), the notice and hearing provisions of Subsection (5) apply.
(d) A person whose license suspension has been sustained or whose license has been
revoked by the division under this subsection may file a request for agency action requesting a
hearing.
(13) Any suspension or revocation of a person's license under this section also
disqualifies any license issued to that person under Part 4 of this chapter.
Section 2. Section 53-3-229 is amended to read:
53-3-229. Prohibited uses of license certificate -- Penalty.
(1) It is a class C misdemeanor for a person to:
(a) lend or knowingly permit the use of a license certificate issued to [him] the person, by
a person not entitled to it;
(b) display or to represent as [his] the person's own a license certificate not issued to
[him] the person;
(c) refuse to surrender to the division or a peace officer upon demand any license
certificate issued by the division;
(d) use a false name or give a false address in any application for a license or any renewal
or duplicate of the license certificate, or to knowingly make a false statement, or to knowingly
conceal a material fact or otherwise commit a fraud in the application;
[(e) alter the date of birth on any license certificate issued to him; or]
[(f)] (e) display a canceled, denied, revoked, suspended, or disqualified driver license
certificate as a valid driver license certificate[.];
(f) knowingly acquire, use, display, or transfer an item that purports to be an authentic
driver license certificate issued by a governmental entity if the item is not an authentic driver
license certificate issued by that governmental entity; or
(g) alter any information on an authentic driver license certificate so that it no longer
represents the information originally displayed.

(2) The provisions of Subsection (1)[(f)](e) do not prohibit the use of a person's driver
license certificate as a means of personal identification.
(3) It is a class A misdemeanor to:
(a) knowingly issue a driver license certificate with false or fraudulent information;
(b) knowingly issue a driver license certificate to a person younger than 21 years of age if
the driver license certificate is not distinguished as required for a person younger than 21 years of
age under Section 53-3-207 ; or
(c) knowingly acquire, use, display, or transfer a false or altered driver license certificate
to procure cigarettes, tobacco, or tobacco products.
(4) A person may not use, display, or transfer a false or altered driver license certificate
to procure alcoholic beverages, gain admittance to a place where alcoholic beverages are sold or
consumed, or obtain employment that may not be obtained by a minor in violation of Section
32A-1-301 .
(5) It is a third degree felony if a person's acquisition, use, display, or transfer of a false
or altered driver license certificate:
(a) aids or furthers the person's efforts to fraudulently obtain goods or services; or
(b) aids or furthers the person's efforts to commit a violent felony.
Section 3. Section 53-3-810 is amended to read:
53-3-810. Prohibited uses of identification card -- Penalties.
(1) It is a class C misdemeanor to:
[(1)] (a) lend or knowingly permit the use of an identification card issued to [him] the
person, by a person not entitled to it;
[(2)] (b) display or to represent as [his] the person's own an identification card not issued
to [him] the person;
[(3)] (c) refuse to surrender to the division or a peace officer upon demand any
identification card issued by the division;
[(4)] (d) use a false name or give a false address in any application for an identification
card or any renewal or duplicate of the identification card, or to knowingly make a false

statement, or to knowingly conceal a material fact in the application;
[(5) alter the date of birth on any identification card issued to him;]
[(6)] (e) display a revoked identification card as a valid identification card; [or]
[(7) knowingly issue an adult identification card to any person younger than 21 years of
age.]
(f) knowingly acquire, use, display, or transfer an item that purports to be an authentic
identification card issued by a governmental entity if the item is not an authentic identification
card issued by that governmental entity; or
(g) alter any information contained on an authentic identification card so that it no longer
represents the information originally displayed.
(2) It is a class A misdemeanor to:
(a) knowingly issue an identification card with false or fraudulent information;
(b) knowingly issue an identification card to any person younger than 21 years of age if
the identification card is not distinguished as required for a person younger than 21 years of age
under Section 53-3-806 ; or
(c) knowingly acquire, use, display, or transfer a false or altered identification card to
procure cigarettes, tobacco, or tobacco products.
(3) A person may not knowingly use, display, or transfer a false or altered identification
card to procure alcoholic beverages, gain admittance to a place where alcoholic beverages are
sold or consumed, or obtain employment that may not be obtained by a minor in violation of
Section 32A-1-301 .
(4) It is a third degree felony if a person's acquisition, use, display, or transfer of a false
or altered identification card:
(a) aids or furthers the person's efforts to fraudulently obtain goods or services; or
(b) aids or furthers the person's efforts to commit a violent felony.