First Substitute S.B. 167

Senator Carlene M. Walker proposes the following substitute bill:

1 PENALTIES FOR FALSE DRIVER LICENSES
2 AND IDENTIFICATION CARDS
3 2005 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Carlene M. Walker
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Driver Licensing Act and the Identification Card Act by
10 amending provisions related to false information on or the use of false driver license
11 certificates or identification cards.
12 Highlighted Provisions:
13 This bill:
14 . provides that it is a class C misdemeanor to:
15 . knowingly acquire, use, display, or transfer an item that purports to be an
16 authentic driver license certificate or identification card if the item is not
17 authentic; or
18 . alter any information contained on an authentic driver license certificate or
19 identification card so that it no longer represents the information originally
20 displayed;
21 . provides that it is a class A misdemeanor to:
22 . knowingly issue a driver license certificate or identification card with false or
23 fraudulent information;
24 . knowingly issue a driver license certificate or identification card to a person
25 younger than 21 years of age if the license or identification card is not

26 distinguished by use of format and printing; or
27 . knowingly use, display, or transfer a false or altered driver license certificate or
28 identification card to procure cigarettes, tobacco, or tobacco products;
29 . provides that a person may not use a false or altered driver license certificate or
30 identification card to procure alcoholic beverages, gain admittance to a place where
31 alcoholic beverages are sold, or obtain any employment that may not be obtained by
32 a minor;
33 . provides that it is a third degree felony if a person's acquisition, use, display, or
34 transfer of a false or altered driver license certificate or identification card:
35 . aids or furthers the person's efforts to fraudulently obtain goods or services; or
36 . aids or furthers the person's efforts to commit a violent felony;
37 . provides that the Driver License Division may immediately deny, suspend,
38 disqualify, or revoke the license of any person if the division has been notified or
39 has reason to believe the person knowingly acquired, used, displayed, or transferred
40 an item that purports to be an authentic driver license if the item is not authentic;
41 and
42 . makes technical changes.
43 Monies Appropriated in this Bill:
44 None
45 Other Special Clauses:
46 None
47 Utah Code Sections Affected:
48 AMENDS:
49 53-3-221, as last amended by Chapter 200, Laws of Utah 2002
50 53-3-229, as last amended by Chapter 146, Laws of Utah 2002
51 53-3-810, as last amended by Chapter 146, Laws of Utah 2002
52
53 Be it enacted by the Legislature of the state of Utah:
54 Section 1. Section 53-3-221 is amended to read:
55 53-3-221. Offenses which may result in denial, suspension, disqualification, or
56 revocation of license without hearing -- Additional grounds for suspension -- Point system

57 for traffic violations -- Notice and hearing -- Reporting of traffic violation procedures.
58 (1) By following the emergency procedures in Title 63, Chapter 46b, Administrative
59 Procedures Act, the division may immediately deny, suspend, disqualify, or revoke the license
60 of any person without hearing and without receiving a record of the person's conviction of
61 crime when the division has been notified or has reason to believe the person:
62 (a) has committed any offenses for which mandatory suspension or revocation of a
63 license is required upon conviction under Section 53-3-220 ;
64 (b) has, by reckless or unlawful driving of a motor vehicle, caused or contributed to an
65 accident resulting in death or injury to any other person, or serious property damage;
66 (c) is incompetent to drive a motor vehicle or is afflicted with mental or physical
67 infirmities or disabilities rendering it unsafe for the person to drive a motor vehicle upon the
68 highways;
69 (d) has committed a serious violation of the motor vehicle laws of this state;
70 (e) has knowingly acquired, used, displayed, or transferred an item that purports to be
71 an authentic driver license certificate issued by a governmental entity if the item is not an
72 authentic driver license certificate or has permitted an unlawful use of the license as [defined
73 in] prohibited under Section 53-3-229 ; or
74 (f) has been convicted of serious offenses against traffic laws governing the movement
75 of motor vehicles with a frequency that indicates a disrespect for traffic laws and a disregard
76 for the safety of other persons on the highways.
77 (2) (a) The division may suspend the license of a person under Subsection (1) when the
78 person has failed to comply with the terms stated on a traffic citation issued in this state, except
79 this Subsection (2) does not apply to highway weight limit violations or violations of law
80 governing the transportation of hazardous materials.
81 (b) This Subsection (2) applies to parking and standing violations only if a court has
82 issued a warrant for the arrest of a person for failure to post bail, appear, or otherwise satisfy
83 the terms of the citation.
84 (c) (i) This Subsection (2) may not be exercised unless notice of the pending
85 suspension of the driving privilege has been sent at least ten days previously to the person at
86 the address provided to the division.
87 (ii) After clearance by the division, a report authorized by Section 53-3-104 may not

88 contain any evidence of a suspension that occurred as a result of failure to comply with the
89 terms stated on a traffic citation.
90 (3) (a) The division may suspend the license of a person under Subsection (1) when the
91 division has been notified by a court that the person has an outstanding unpaid fine, an
92 outstanding incomplete restitution requirement, or an outstanding warrant levied by order of a
93 court.
94 (b) The suspension remains in effect until the division is notified by the court that the
95 order has been satisfied.
96 (c) After clearance by the division, a report authorized by Section 53-3-104 may not
97 contain any evidence of the suspension.
98 (4) The division shall make rules establishing a point system as provided for in this
99 Subsection (4).
100 (a) (i) The division shall assign a number of points to each type of moving traffic
101 violation as a measure of its seriousness.
102 (ii) The points shall be based upon actual relationships between types of traffic
103 violations and motor vehicle traffic accidents.
104 (b) Every person convicted of a traffic violation shall have assessed against his driving
105 record the number of points that the division has assigned to the type of violation of which the
106 person has been convicted, except that the number of points assessed shall be decreased by
107 10% if on the abstract of the court record of the conviction the court has graded the severity of
108 violation as minimum, and shall be increased by 10% if on the abstract the court has graded the
109 severity of violation as maximum.
110 (c) (i) A separate procedure for assessing points for speeding offenses shall be
111 established by the division based upon the severity of the offense.
112 (ii) The severity of a speeding violation shall be graded as:
113 (A) "minimum" for exceeding the posted speed limit by up to ten miles per hour;
114 (B) "intermediate" for exceeding the posted speed limit by from 11 to 20 miles per
115 hour; and
116 (C) "maximum" for exceeding the posted speed limit by 21 or more miles per hour.
117 (iii) Consideration shall be made for assessment of no points on minimum speeding
118 violations, except for speeding violations in school zones.

119 (d) (i) Points assessed against a person's driving record shall be deleted for violations
120 occurring before a time limit set by the division.
121 (ii) The time limit may not exceed three years.
122 (iii) The division may also delete points to reward violation-free driving for periods of
123 time set by the division.
124 (e) (i) By publication in two newspapers having general circulation throughout the
125 state, the division shall give notice of the number of points it has assigned to each type of
126 traffic violation, the time limit set by the division for the deletion of points, and the point level
127 at which the division will generally take action to deny or suspend under this section.
128 (ii) The division may not change any of the information provided above regarding
129 points without first giving new notice in the same manner.
130 (5) (a) (i) Upon denying or suspending the license of a person under this section, the
131 division shall immediately notify the licensee in a manner specified by the division and afford
132 him an opportunity for a hearing in the county where the licensee resides.
133 (ii) The hearing shall be documented, and the division or its authorized agent may
134 administer oaths, may issue subpoenas for the attendance of witnesses and the production of
135 relevant books and papers, and may require a reexamination of the licensee.
136 (iii) One or more members of the division may conduct the hearing, and any decision
137 made after a hearing before any number of the members of the division is as valid as if made
138 after a hearing before the full membership of the division.
139 (iv) After the hearing the division shall either rescind its order of denial or suspension,
140 extend the denial or suspension of the license, or revoke the license.
141 (b) The denial or suspension of the license remains in effect pending qualifications
142 determined by the division regarding a person:
143 (i) whose license has been denied or suspended following reexamination;
144 (ii) who is incompetent to drive a motor vehicle;
145 (iii) who is afflicted with mental or physical infirmities that might make him dangerous
146 on the highways; or
147 (iv) who may not have the necessary knowledge or skill to drive a motor vehicle safely.
148 (6) (a) The division may suspend or revoke the license of any resident of this state
149 upon receiving notice of the conviction of that person in another state of an offense committed

150 there that, if committed in this state, would be grounds for the suspension or revocation of a
151 license.
152 (b) The division may, upon receiving a record of the conviction in this state of a
153 nonresident driver of a motor vehicle or motorboat of any offense under the motor vehicle laws
154 of this state, forward a certified copy of the record to the motor vehicle administrator in the
155 state where the person convicted is a resident.
156 (7) (a) The division may suspend or revoke the license of any nonresident to drive a
157 motor vehicle in this state for any cause for which the license of a resident driver may be
158 suspended or revoked.
159 (b) Any nonresident who drives a motor vehicle upon a highway when his license has
160 been suspended or revoked by the division is guilty of a class C misdemeanor.
161 (8) (a) The division may not deny or suspend the license of any person for a period of
162 more than one year except:
163 (i) for failure to comply with the terms of a traffic citation under Subsection (2);
164 (ii) upon receipt of a second or subsequent order suspending juvenile driving privileges
165 under Section 53-3-219 ;
166 (iii) when extending a denial or suspension upon receiving certain records or reports
167 under Subsection 53-3-220 (2); and
168 (iv) for failure to give and maintain owner's or operator's security under Section
169 41-12a-411 .
170 (b) The division may suspend the license of a person under Subsection (2) until he
171 shows satisfactory evidence of compliance with the terms of the traffic citation.
172 (9) (a) By following the emergency procedures in Title 63, Chapter 46b,
173 Administrative Procedures Act, the division may immediately suspend the license of any
174 person without hearing and without receiving a record of his conviction for a crime when the
175 division has reason to believe that the person's license was granted by the division through
176 error or fraud or that the necessary consent for the license has been withdrawn or is terminated.
177 (b) The procedure upon suspension is the same as under Subsection (5), except that
178 after the hearing the division shall either rescind its order of suspension or cancel the license.
179 (10) (a) The division, having good cause to believe that a licensed driver is
180 incompetent or otherwise not qualified to be licensed, may upon notice in a manner specified

181 by the division of at least five days to the licensee require him to submit to an examination.
182 (b) Upon the conclusion of the examination the division may suspend or revoke the
183 person's license, permit him to retain the license, or grant a license subject to a restriction
184 imposed in accordance with Section 53-3-208 .
185 (c) Refusal or neglect of the licensee to submit to an examination is grounds for
186 suspension or revocation of his license.
187 (11) A report authorized by Section 53-3-104 may not contain any evidence of a
188 conviction for speeding on an interstate system in this state if the conviction was for a speed of
189 ten miles per hour or less, above the posted speed limit and did not result in an accident, unless
190 authorized in a manner specified by the division by the individual whose report is being
191 requested.
192 (12) (a) By following the emergency procedures in Title 63, Chapter 46b,
193 Administrative Procedures Act, the division may immediately suspend the license of a person
194 if it has reason to believe that the person is the owner of a motor vehicle for which security is
195 required under Title 41, Chapter 12a, Motor Vehicle Financial Responsibility, and has driven
196 the motor vehicle or permitted it to be driven within this state without the security being in
197 effect.
198 (b) Section 41-12a-411 regarding the requirement of proof of owner's or operator's
199 security applies to persons whose driving privileges are suspended under this Subsection (12).
200 (c) If the division exercises the right of immediate suspension granted under this
201 Subsection (12), the notice and hearing provisions of Subsection (5) apply.
202 (d) A person whose license suspension has been sustained or whose license has been
203 revoked by the division under this subsection may file a request for agency action requesting a
204 hearing.
205 (13) Any suspension or revocation of a person's license under this section also
206 disqualifies any license issued to that person under Part 4 of this chapter.
207 Section 2. Section 53-3-229 is amended to read:
208 53-3-229. Prohibited uses of license certificate -- Penalty.
209 (1) It is a class C misdemeanor for a person to:
210 (a) lend or knowingly permit the use of a license certificate issued to [him] the person,
211 by a person not entitled to it;

212 (b) display or to represent as [his] the person's own a license certificate not issued to
213 [him] the person;
214 (c) refuse to surrender to the division or a peace officer upon demand any license
215 certificate issued by the division;
216 (d) use a false name or give a false address in any application for a license or any
217 renewal or duplicate of the license certificate, or to knowingly make a false statement, or to
218 knowingly conceal a material fact or otherwise commit a fraud in the application;
219 [(e) alter the date of birth on any license certificate issued to him; or]
220 [(f)] (e) display a canceled, denied, revoked, suspended, or disqualified driver license
221 certificate as a valid driver license certificate[.];
222 (f) knowingly acquire, use, display, or transfer an item that purports to be an authentic
223 driver license certificate issued by a governmental entity if the item is not an authentic driver
224 license certificate issued by that governmental entity; or
225 (g) alter any information on an authentic driver license certificate so that it no longer
226 represents the information originally displayed.
227 (2) The provisions of Subsection (1)[(f)](e) do not prohibit the use of a person's driver
228 license certificate as a means of personal identification.
229 (3) It is a class A misdemeanor to:
230 (a) knowingly issue a driver license certificate with false or fraudulent information;
231 (b) knowingly issue a driver license certificate to a person younger than 21 years of age
232 if the driver license certificate is not distinguished as required for a person younger than 21
233 years of age under Section 53-3-207 ; or
234 (c) knowingly acquire, use, display, or transfer a false or altered driver license
235 certificate to procure cigarettes, tobacco, or tobacco products.
236 (4) A person may not use, display, or transfer a false or altered driver license certificate
237 to procure alcoholic beverages, gain admittance to a place where alcoholic beverages are sold
238 or consumed, or obtain employment that may not be obtained by a minor in violation of
239 Section 32A-1-301 .
240 (5) It is a third degree felony if a person's acquisition, use, display, or transfer of a false
241 or altered driver license certificate:
242 (a) aids or furthers the person's efforts to fraudulently obtain goods or services; or

243 (b) aids or furthers the person's efforts to commit a violent felony.
244 Section 3. Section 53-3-810 is amended to read:
245 53-3-810. Prohibited uses of identification card -- Penalties.
246 (1) It is a class C misdemeanor to:
247 [(1)] (a) lend or knowingly permit the use of an identification card issued to [him] the
248 person, by a person not entitled to it;
249 [(2)] (b) display or to represent as [his] the person's own an identification card not
250 issued to [him] the person;
251 [(3)] (c) refuse to surrender to the division or a peace officer upon demand any
252 identification card issued by the division;
253 [(4)] (d) use a false name or give a false address in any application for an identification
254 card or any renewal or duplicate of the identification card, or to knowingly make a false
255 statement, or to knowingly conceal a material fact in the application;
256 [(5) alter the date of birth on any identification card issued to him;]
257 [(6)] (e) display a revoked identification card as a valid identification card; [or]
258 [(7) knowingly issue an adult identification card to any person younger than 21 years of
259 age.]
260 (f) knowingly acquire, use, display, or transfer an item that purports to be an authentic
261 identification card issued by a governmental entity if the item is not an authentic identification
262 card issued by that governmental entity; or
263 (g) alter any information contained on an authentic identification card so that it no
264 longer represents the information originally displayed.
265 (2) It is a class A misdemeanor to:
266 (a) knowingly issue an identification card with false or fraudulent information;
267 (b) knowingly issue an identification card to any person younger than 21 years of age if
268 the identification card is not distinguished as required for a person younger than 21 years of age
269 under Section 53-3-806 ; or
270 (c) knowingly acquire, use, display, or transfer a false or altered identification card to
271 procure cigarettes, tobacco, or tobacco products.
272 (3) A person may not knowingly use, display, or transfer a false or altered
273 identification card to procure alcoholic beverages, gain admittance to a place where alcoholic

274 beverages are sold or consumed, or obtain employment that may not be obtained by a minor in
275 violation of Section 32A-1-301 .
276 (4) It is a third degree felony if a person's acquisition, use, display, or transfer of a false
277 or altered identification card:
278 (a) aids or furthers the person's efforts to fraudulently obtain goods or services; or
279 (b) aids or furthers the person's efforts to commit a violent felony.