H.B. 237 Enrolled

1

CRIMINAL PENALTIES AMENDMENTS -
2 LEAVING THE SCENE OF AN ACCIDENT
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Christopher N. Herrod
6 Senate Sponsor: Daniel R. Liljenquist
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Motor Vehicles Code by amending provisions relating to leaving
11 the scene of a motor vehicle traffic accident.
12 Highlighted Provisions:
13 This bill:
14 . increases the penalty from a class A misdemeanor to a third degree felony for a
15 person who violates the requirement to stop the vehicle at the scene of an accident
16 and remain at the scene of the accident until the operator has fulfilled certain
17 requirements if the accident resulted in the injury or death of a person and the
18 person has previously been convicted of certain violations that were committed on
19 or after May 12, 2009; and
20 . makes technical changes.
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 41-6a-401.3, as enacted by Laws of Utah 2007, Chapter 132
28 41-6a-401.5, as enacted by Laws of Utah 2007, Chapter 132
29

30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 41-6a-401.3 is amended to read:
32 41-6a-401.3. Accident involving injury -- Stop at accident -- Penalty.
33 (1) The operator of a vehicle involved in an accident resulting in injury to a person
34 shall:
35 (a) immediately stop the vehicle at the scene of the accident or as close to it as
36 possible without obstructing traffic more than is necessary; and
37 (b) remain at the scene of the accident until the operator has fulfilled the requirements
38 of Section 41-6a-401.7 .
39 (2) [A] (a) Except as provided in Subsection (2)(b), a person who violates the
40 provisions of Subsection (1) is guilty of a class A misdemeanor and shall be fined not less than
41 $750.
42 (b) A person who violates the provisions of Subsection (1) is guilty of a third degree
43 felony if:
44 (i) (A) the person has a prior conviction as defined in Subsection 41-6a-501 (2) for a
45 violation that was committed on or after May 12, 2009; and
46 (B) the prior conviction described in Subsection (2)(b)(i)(A) is within ten years of the
47 commission of the offense upon which the current conviction is based; or
48 (ii) the conviction for a violation of this section is at any time after a conviction for a
49 violation that was committed on or after May 12, 2009, of:
50 (A) automobile homicide under Section 76-5-207 ;
51 (B) a felony violation of Section 41-6a-502 or a statute previously in effect in this
52 state that would constitute a violation of Section 41-6a-502 ; or
53 (C) any conviction described in Subsection (2)(b)(ii)(A) or (B) which judgment of
54 conviction is reduced under Section 76-3-402 .
55 Section 2. Section 41-6a-401.5 is amended to read:
56 41-6a-401.5. Accident involving death -- Stop at accident -- Penalty.
57 (1) The operator of a vehicle involved in an accident resulting in the death of a person

58 shall:
59 (a) immediately stop the vehicle at the scene of the accident or as close to it as
60 possible without obstructing traffic more than is necessary; and
61 (b) remain at the scene of the accident until the operator has fulfilled the requirements
62 of Section 41-6a-401.7 .
63 (2) [A] (a) Except as provided in Subsection (2)(b), a person who violates the
64 provisions of Subsection (1) is guilty of a class A misdemeanor and shall be fined not less than
65 $750.
66 (b) A person who violates the provisions of Subsection (1) is guilty of a third degree
67 felony if:
68 (i) (A) the person has a prior conviction as defined in Subsection 41-6a-501 (2); and
69 (B) the prior conviction described in Subsection (2)(b)(i)(A) is within ten years of the
70 commission of the offense upon which the current conviction is based; or
71 (ii) the conviction for a violation of this section is at any time after a conviction of:
72 (A) automobile homicide under Section 76-5-207 ;
73 (B) a felony violation of Section 41-6a-502 or a statute previously in effect in this
74 state that would constitute a violation of Section 41-6a-502 ; or
75 (C) any conviction described in Subsection (2)(b)(ii)(A) or (B) which judgment of
76 conviction is reduced under Section 76-3-402 .