Download Zipped Introduced WordPerfect SB0116S01.ZIP
[Status][Bill Documents][Fiscal Note][Bills Directory]
First Substitute S.B. 116
1
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions relating to certain criminal penalty provisions.
10 Highlighted Provisions:
11 This bill:
12 . provides that the definition of a conviction, for purposes of certain driving under the
13 influence provisions, only includes convictions arising from a separate episode of
14 driving;
15 . clarifies that a person is guilty of a separate offense for each victim suffering bodily
16 injury, serious bodily injury, or death as a result of the person's violation of the
17 driving under the influence or automobile homicide provisions whether or not the
18 injuries arise from the same episode of driving;
19 . clarifies that a person is guilty of a separate offense for each victim suffering serious
20 bodily injury or death as a result of the person's violation of the prohibition on
21 driving a vehicle in a negligent manner and having a measurable amount of a
22 controlled substance in the person's body whether or not the injuries arise from the
23 same episode of driving; and
24 . makes technical changes.
25 Monies Appropriated in this Bill:
26 None
27 Other Special Clauses:
28 None
29 Utah Code Sections Affected:
30 AMENDS:
31 41-6a-501, as last amended by Laws of Utah 2008, Chapter 226
32 41-6a-503, as last amended by Laws of Utah 2007, Chapter 261
33 58-37-8, as last amended by Laws of Utah 2008, Chapter 295
34 76-5-207, as last amended by Laws of Utah 2008, Chapter 226
35
36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 41-6a-501 is amended to read:
38 41-6a-501. Definitions.
39 (1) As used in this part:
40 (a) "Assessment" means an in-depth clinical interview with a licensed mental health
41 therapist:
42 (i) used to determine if a person is in need of:
43 (A) substance abuse treatment that is obtained at a substance abuse program;
44 (B) an educational series; or
45 (C) a combination of Subsections (1)(a)(i)(A) and (B); and
46 (ii) that is approved by the Board of Substance Abuse and Mental Health in accordance
47 with Section 62A-15-105 .
48 (b) "Drug" or "drugs" means:
49 (i) a controlled substance as defined in Section 58-37-2 ;
50 (ii) a drug as defined in Section 58-17b-102 ; or
51 (iii) any substance that, when knowingly, intentionally, or recklessly taken into the
52 human body, can impair the ability of a person to safely operate a motor vehicle.
53 (c) "Educational series" means an educational series obtained at a substance abuse
54 program that is approved by the Board of Substance Abuse and Mental Health in accordance
55 with Section 62A-15-105 .
56 (d) "Negligence" means simple negligence, the failure to exercise that degree of care
57 that an ordinarily reasonable and prudent person exercises under like or similar circumstances.
58 (e) "Screening" means a preliminary appraisal of a person:
59 (i) used to determine if the person is in need of:
60 (A) an assessment; or
61 (B) an educational series; and
62 (ii) that is approved by the Board of Substance Abuse and Mental Health in accordance
63 with Section 62A-15-105 .
64 (f) "Serious bodily injury" means bodily injury that creates or causes:
65 (i) serious permanent disfigurement;
66 (ii) protracted loss or impairment of the function of any bodily member or organ; or
67 (iii) a substantial risk of death.
68 (g) "Substance abuse treatment" means treatment obtained at a substance abuse
69 program that is approved by the Board of Substance Abuse and Mental Health in accordance
70 with Section 62A-15-105 .
71 (h) "Substance abuse treatment program" means a state licensed substance abuse
72 program.
73 (i) (i) "Vehicle" or "motor vehicle" means a vehicle or motor vehicle as defined in
74 Section 41-6a-102 ; and
75 (ii) "Vehicle" or "motor vehicle" includes:
76 (A) an off-highway vehicle as defined under Section 41-22-2 ; and
77 (B) a motorboat as defined in Section 73-18-2 .
78 (2) As used in Section 41-6a-503 :
79 (a) "Conviction" means any conviction arising from a separate episode of driving for a
80 violation of:
81 (i) driving under the influence under Section 41-6a-502 ;
82 (ii) (A) for an offense committed before July 1, 2008, alcohol, any drug, or a
83 combination of both-related reckless driving under:
84 (I) Section 41-6a-512 ; and
85 (II) Section 41-6a-528 ; or
86 (B) for an offense committed on or after July 1, 2008, impaired driving under Section
87 41-6a-502.5 ;
88 (iii) driving with any measurable controlled substance that is taken illegally in the body
89 under Section 41-6a-517 ;
90 (iv) local ordinances similar to Section 41-6a-502 , alcohol, any drug, or a combination
91 of both-related reckless driving, or impaired driving under Section 41-6a-502.5 adopted in
92 compliance with Section 41-6a-510 ;
93 (v) automobile homicide under Section 76-5-207 ;
94 (vi) Subsection 58-37-8 (2)(g);
95 (vii) a violation described in Subsections (2)(a)(i) through (vi), which judgment of
96 conviction is reduced under Section 76-3-402 ; or
97 (viii) statutes or ordinances previously in effect in this state or in effect in any other
98 state, the United States, or any district, possession, or territory of the United States which
99 would constitute a violation of Section 41-6a-502 or alcohol, any drug, or a combination of
100 both-related reckless driving if committed in this state, including punishments administered
101 under 10 U.S.C. Sec. 815.
102 (b) A plea of guilty or no contest to a violation described in Subsections (2)(a)(i)
103 through (viii) which plea was held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance,
104 prior to July 1, 2008, is the equivalent of a conviction, even if the charge has been subsequently
105 reduced or dismissed in accordance with the plea in abeyance agreement, for purposes of:
106 (i) enhancement of penalties under:
107 (A) this Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving; and
108 (B) automobile homicide under Section 76-5-207 ; and
109 (ii) expungement under Section 77-18-12 .
110 Section 2. Section 41-6a-503 is amended to read:
111 41-6a-503. Penalties for driving under the influence violations.
112 (1) A person [
113 Section 41-6a-502 is guilty of a:
114 (a) class B misdemeanor; or
115 (b) class A misdemeanor if the person:
116 (i) has also inflicted bodily injury upon another as a proximate result of having
117 operated the vehicle in a negligent manner;
118 (ii) had a passenger under 16 years of age in the vehicle at the time of the offense; or
119 (iii) was 21 years of age or older and had a passenger under 18 years of age in the
120 vehicle at the time of the offense.
121 (2) A person [
122 third degree felony if:
123 (a) the person has also inflicted serious bodily injury upon another as a proximate
124 result of having operated the vehicle in a negligent manner;
125 (b) the person has two or more prior convictions as defined in Subsection
126 41-6a-501 (2), each of which is within ten years of:
127 (i) the current conviction under Section 41-6a-502 ; or
128 (ii) the commission of the offense upon which the current conviction is based; or
129 (c) the conviction under Section 41-6a-502 is at any time after a conviction of:
130 (i) automobile homicide under Section 76-5-207 that is committed after July 1, 2001;
131 (ii) a felony violation of Section 41-6a-502 or a statute previously in effect in this state
132 that would constitute a violation of Section 41-6a-502 that is committed after July 1, 2001; or
133 (iii) any conviction described in Subsection (2)(c)(i) or (ii) which judgment of
134 conviction is reduced under Section 76-3-402 .
135 (3) A person is guilty of a separate offense for each victim suffering bodily injury or
136 serious bodily injury as a result of the person's violation of Section 41-6a-502 or death as a
137 result of the person's violation of Section 76-5-207 whether or not the injuries arise from the
138 same episode of driving.
139 Section 3. Section 58-37-8 is amended to read:
140 58-37-8. Prohibited acts -- Penalties.
141 (1) Prohibited acts A -- Penalties:
142 (a) Except as authorized by this chapter, it is unlawful for any person to knowingly and
143 intentionally:
144 (i) produce, manufacture, or dispense, or to possess with intent to produce,
145 manufacture, or dispense, a controlled or counterfeit substance;
146 (ii) distribute a controlled or counterfeit substance, or to agree, consent, offer, or
147 arrange to distribute a controlled or counterfeit substance;
148 (iii) possess a controlled or counterfeit substance with intent to distribute; or
149 (iv) engage in a continuing criminal enterprise where:
150 (A) the person participates, directs, or engages in conduct which results in any
151 violation of any provision of Title 58, Chapters 37, 37a, 37b, 37c, or 37d that is a felony; and
152 (B) the violation is a part of a continuing series of two or more violations of Title 58,
153 Chapters 37, 37a, 37b, 37c, or 37d on separate occasions that are undertaken in concert with
154 five or more persons with respect to whom the person occupies a position of organizer,
155 supervisor, or any other position of management.
156 (b) Any person convicted of violating Subsection (1)(a) with respect to:
157 (i) a substance classified in Schedule I or II, a controlled substance analog, or
158 gammahydroxybutyric acid as listed in Schedule III is guilty of a second degree felony and
159 upon a second or subsequent conviction is guilty of a first degree felony;
160 (ii) a substance classified in Schedule III or IV, or marijuana, is guilty of a third degree
161 felony, and upon a second or subsequent conviction is guilty of a second degree felony; or
162 (iii) a substance classified in Schedule V is guilty of a class A misdemeanor and upon a
163 second or subsequent conviction is guilty of a third degree felony.
164 (c) Any person who has been convicted of a violation of Subsection (1)(a)(ii) or (iii)
165 may be sentenced to imprisonment for an indeterminate term as provided by law, but if the trier
166 of fact finds a firearm as defined in Section 76-10-501 was used, carried, or possessed on his
167 person or in his immediate possession during the commission or in furtherance of the offense,
168 the court shall additionally sentence the person convicted for a term of one year to run
169 consecutively and not concurrently; and the court may additionally sentence the person
170 convicted for an indeterminate term not to exceed five years to run consecutively and not
171 concurrently.
172 (d) Any person convicted of violating Subsection (1)(a)(iv) is guilty of a first degree
173 felony punishable by imprisonment for an indeterminate term of not less than seven years and
174 which may be for life. Imposition or execution of the sentence may not be suspended, and the
175 person is not eligible for probation.
176 (2) Prohibited acts B -- Penalties:
177 (a) It is unlawful:
178 (i) for any person knowingly and intentionally to possess or use a controlled substance
179 analog or a controlled substance, unless it was obtained under a valid prescription or order,
180 directly from a practitioner while acting in the course of his professional practice, or as
181 otherwise authorized by this chapter;
182 (ii) for any owner, tenant, licensee, or person in control of any building, room,
183 tenement, vehicle, boat, aircraft, or other place knowingly and intentionally to permit them to
184 be occupied by persons unlawfully possessing, using, or distributing controlled substances in
185 any of those locations; or
186 (iii) for any person knowingly and intentionally to possess an altered or forged
187 prescription or written order for a controlled substance.
188 (b) Any person convicted of violating Subsection (2)(a)(i) with respect to:
189 (i) marijuana, if the amount is 100 pounds or more, is guilty of a second degree felony;
190 (ii) a substance classified in Schedule I or II, marijuana, if the amount is more than 16
191 ounces, but less than 100 pounds, or a controlled substance analog, is guilty of a third degree
192 felony; or
193 (iii) marijuana, if the marijuana is not in the form of an extracted resin from any part of
194 the plant, and the amount is more than one ounce but less than 16 ounces, is guilty of a class A
195 misdemeanor.
196 (c) Upon a person's conviction of a violation of this Subsection (2) subsequent to a
197 conviction under Subsection (1)(a), that person shall be sentenced to a one degree greater
198 penalty than provided in this Subsection (2).
199 (d) Any person who violates Subsection (2)(a)(i) with respect to all other controlled
200 substances not included in Subsection (2)(b)(i), (ii), or (iii), including less than one ounce of
201 marijuana, is guilty of a class B misdemeanor. Upon a second conviction the person is guilty
202 of a class A misdemeanor, and upon a third or subsequent conviction the person is guilty of a
203 third degree felony.
204 (e) Any person convicted of violating Subsection (2)(a)(i) while inside the exterior
205 boundaries of property occupied by any correctional facility as defined in Section 64-13-1 or
206 any public jail or other place of confinement shall be sentenced to a penalty one degree greater
207 than provided in Subsection (2)(b), and if the conviction is with respect to controlled
208 substances as listed in:
209 (i) Subsection (2)(b), the person may be sentenced to imprisonment for an
210 indeterminate term as provided by law, and:
211 (A) the court shall additionally sentence the person convicted to a term of one year to
212 run consecutively and not concurrently; and
213 (B) the court may additionally sentence the person convicted for an indeterminate term
214 not to exceed five years to run consecutively and not concurrently; and
215 (ii) Subsection (2)(d), the person may be sentenced to imprisonment for an
216 indeterminate term as provided by law, and the court shall additionally sentence the person
217 convicted to a term of six months to run consecutively and not concurrently.
218 (f) Any person convicted of violating Subsection (2)(a)(ii) or (2)(a)(iii) is:
219 (i) on a first conviction, guilty of a class B misdemeanor;
220 (ii) on a second conviction, guilty of a class A misdemeanor; and
221 (iii) on a third or subsequent conviction, guilty of a third degree felony.
222 (g) A person is subject to the penalties under Subsection (2)(h) who, in an offense not
223 amounting to a violation of Section 76-5-207 :
224 (i) violates Subsection (2)(a)(i) by knowingly and intentionally having in his body any
225 measurable amount of a controlled substance; and
226 (ii) operates a motor vehicle as defined in Section 76-5-207 in a negligent manner,
227 causing serious bodily injury as defined in Section 76-1-601 or the death of another.
228 (h) A person who violates Subsection (2)(g) by having in his body:
229 (i) a controlled substance classified under Schedule I, other than those described in
230 Subsection (2)(h)(ii), or a controlled substance classified under Schedule II is guilty of a second
231 degree felony;
232 (ii) marijuana, tetrahydrocannabinols, or equivalents described in Subsection
233 58-37-4 (2)(a)(iii)(S) or (AA) is guilty of a third degree felony; or
234 (iii) any controlled substance classified under Schedules III, IV, or V is guilty of a class
235 A misdemeanor.
236 (i) A person is guilty of a separate offense for each victim suffering serious bodily
237 injury or death as a result of the person's negligent driving in violation of Subsection
238 58-37-8 (2)(g) whether or not the injuries arise from the same episode of driving.
239 (3) Prohibited acts C -- Penalties:
240 (a) It is unlawful for any person knowingly and intentionally:
241 (i) to use in the course of the manufacture or distribution of a controlled substance a
242 license number which is fictitious, revoked, suspended, or issued to another person or, for the
243 purpose of obtaining a controlled substance, to assume the title of, or represent himself to be, a
244 manufacturer, wholesaler, apothecary, physician, dentist, veterinarian, or other authorized
245 person;
246 (ii) to acquire or obtain possession of, to procure or attempt to procure the
247 administration of, to obtain a prescription for, to prescribe or dispense to any person known to
248 be attempting to acquire or obtain possession of, or to procure the administration of any
249 controlled substance by misrepresentation or failure by the person to disclose his receiving any
250 controlled substance from another source, fraud, forgery, deception, subterfuge, alteration of a
251 prescription or written order for a controlled substance, or the use of a false name or address;
252 (iii) to make any false or forged prescription or written order for a controlled substance,
253 or to utter the same, or to alter any prescription or written order issued or written under the
254 terms of this chapter; or
255 (iv) to make, distribute, or possess any punch, die, plate, stone, or other thing designed
256 to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or
257 device of another or any likeness of any of the foregoing upon any drug or container or labeling
258 so as to render any drug a counterfeit controlled substance.
259 (b) Any person convicted of violating Subsection (3)(a) is guilty of a third degree
260 felony.
261 (4) Prohibited acts D -- Penalties:
262 (a) Notwithstanding other provisions of this section, a person not authorized under this
263 chapter who commits any act declared to be unlawful under this section, Title 58, Chapter 37a,
264 Utah Drug Paraphernalia Act, or under Title 58, Chapter 37b, Imitation Controlled Substances
265 Act, is upon conviction subject to the penalties and classifications under this Subsection (4) if
266 the trier of fact finds the act is committed:
267 (i) in a public or private elementary or secondary school or on the grounds of any of
268 those schools;
269 (ii) in a public or private vocational school or postsecondary institution or on the
270 grounds of any of those schools or institutions;
271 (iii) in those portions of any building, park, stadium, or other structure or grounds
272 which are, at the time of the act, being used for an activity sponsored by or through a school or
273 institution under Subsections (4)(a)(i) and (ii);
274 (iv) in or on the grounds of a preschool or child-care facility;
275 (v) in a public park, amusement park, arcade, or recreation center;
276 (vi) in or on the grounds of a house of worship as defined in Section 76-10-501 ;
277 (vii) in a shopping mall, sports facility, stadium, arena, theater, movie house,
278 playhouse, or parking lot or structure adjacent thereto;
279 (viii) in or on the grounds of a library;
280 (ix) within any area that is within 1,000 feet of any structure, facility, or grounds
281 included in Subsections (4)(a)(i), (ii), (iv), (vi), and (vii);
282 (x) in the presence of a person younger than 18 years of age, regardless of where the act
283 occurs; or
284 (xi) for the purpose of facilitating, arranging, or causing the transport, delivery, or
285 distribution of a substance in violation of this section to an inmate or on the grounds of any
286 correctional facility as defined in Section 76-8-311.3 .
287 (b) (i) A person convicted under this Subsection (4) is guilty of a first degree felony
288 and shall be imprisoned for a term of not less than five years if the penalty that would
289 otherwise have been established but for this Subsection (4) would have been a first degree
290 felony.
291 (ii) Imposition or execution of the sentence may not be suspended, and the person is
292 not eligible for probation.
293 (c) If the classification that would otherwise have been established would have been
294 less than a first degree felony but for this Subsection (4), a person convicted under this
295 Subsection (4) is guilty of one degree more than the maximum penalty prescribed for that
296 offense. This Subsection (4)(c) does not apply to a violation of Subsection (2)(g).
297 (d) (i) If the violation is of Subsection (4)(a)(xi):
298 (A) the person may be sentenced to imprisonment for an indeterminate term as
299 provided by law, and the court shall additionally sentence the person convicted for a term of
300 one year to run consecutively and not concurrently; and
301 (B) the court may additionally sentence the person convicted for an indeterminate term
302 not to exceed five years to run consecutively and not concurrently; and
303 (ii) the penalties under this Subsection (4)(d) apply also to any person who, acting with
304 the mental state required for the commission of an offense, directly or indirectly solicits,
305 requests, commands, coerces, encourages, or intentionally aids another person to commit a
306 violation of Subsection (4)(a)(xi).
307 (e) It is not a defense to a prosecution under this Subsection (4) that the actor
308 mistakenly believed the individual to be 18 years of age or older at the time of the offense or
309 was unaware of the individual's true age; nor that the actor mistakenly believed that the
310 location where the act occurred was not as described in Subsection (4)(a) or was unaware that
311 the location where the act occurred was as described in Subsection (4)(a).
312 (5) Any violation of this chapter for which no penalty is specified is a class B
313 misdemeanor.
314 (6) For purposes of penalty enhancement under Subsections (1)(b) and (2)(c), a plea of
315 guilty or no contest to a violation of this section which is held in abeyance under Title 77,
316 Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction, even if the charge has been
317 subsequently reduced or dismissed in accordance with the plea in abeyance agreement.
318 (7) A person may be charged and sentenced for a violation of this section,
319 notwithstanding a charge and sentence for a violation of any other section of this chapter.
320 (8) (a) Any penalty imposed for violation of this section is in addition to, and not in
321 lieu of, any civil or administrative penalty or sanction authorized by law.
322 (b) Where violation of this chapter violates a federal law or the law of another state,
323 conviction or acquittal under federal law or the law of another state for the same act is a bar to
324 prosecution in this state.
325 (9) In any prosecution for a violation of this chapter, evidence or proof which shows a
326 person or persons produced, manufactured, possessed, distributed, or dispensed a controlled
327 substance or substances, is prima facie evidence that the person or persons did so with
328 knowledge of the character of the substance or substances.
329 (10) This section does not prohibit a veterinarian, in good faith and in the course of his
330 professional practice only and not for humans, from prescribing, dispensing, or administering
331 controlled substances or from causing the substances to be administered by an assistant or
332 orderly under his direction and supervision.
333 (11) Civil or criminal liability may not be imposed under this section on:
334 (a) any person registered under this chapter who manufactures, distributes, or possesses
335 an imitation controlled substance for use as a placebo or investigational new drug by a
336 registered practitioner in the ordinary course of professional practice or research; or
337 (b) any law enforcement officer acting in the course and legitimate scope of his
338 employment.
339 (12) (a) Civil or criminal liability may not be imposed under this section on any Indian,
340 as defined in Subsection 58-37-2 (1)(v), who uses, possesses, or transports peyote for bona fide
341 traditional ceremonial purposes in connection with the practice of a traditional Indian religion
342 as defined in Subsection 58-37-2 (1)(w).
343 (b) In a prosecution alleging violation of this section regarding peyote as defined in
344 Subsection 58-37-4 (2)(a)(iii)(V), it is an affirmative defense that the peyote was used,
345 possessed, or transported by an Indian for bona fide traditional ceremonial purposes in
346 connection with the practice of a traditional Indian religion.
347 (c) (i) The defendant shall provide written notice of intent to claim an affirmative
348 defense under this Subsection (12) as soon as practicable, but not later than ten days prior to
349 trial.
350 (ii) The notice shall include the specific claims of the affirmative defense.
351 (iii) The court may waive the notice requirement in the interest of justice for good
352 cause shown, if the prosecutor is not unfairly prejudiced by the lack of timely notice.
353 (d) The defendant shall establish the affirmative defense under this Subsection (12) by
354 a preponderance of the evidence. If the defense is established, it is a complete defense to the
355 charges.
356 (13) If any provision of this chapter, or the application of any provision to any person
357 or circumstances, is held invalid, the remainder of this chapter shall be given effect without the
358 invalid provision or application.
359 Section 4. Section 76-5-207 is amended to read:
360 76-5-207. Automobile homicide.
361 (1) As used in this section:
362 (a) "Drug" or "drugs" means:
363 (i) a controlled substance as defined in Section 58-37-2 ;
364 (ii) a drug as defined in Section 58-17b-102 ; or
365 (iii) any substance that, when knowingly, intentionally, or recklessly taken into the
366 human body, can impair the ability of a person to safely operate a motor vehicle.
367 (b) "Motor vehicle" means any self-propelled vehicle and includes any automobile,
368 truck, van, motorcycle, train, engine, watercraft, or aircraft.
369 (2) (a) Criminal homicide is automobile homicide, a third degree felony, if the person
370 operates a motor vehicle in a negligent manner causing the death of another and:
371 (i) has sufficient alcohol in his body that a subsequent chemical test shows that the
372 person has a blood or breath alcohol concentration of .08 grams or greater at the time of the
373 test;
374 (ii) is under the influence of alcohol, any drug, or the combined influence of alcohol
375 and any drug to a degree that renders the person incapable of safely operating a vehicle; or
376 (iii) has a blood or breath alcohol concentration of .08 grams or greater at the time of
377 operation.
378 (b) A conviction for a violation of this Subsection (2) is a second degree felony if it is
379 subsequent to a conviction as defined in Subsection 41-6a-501 (2).
380 (c) As used in this Subsection (2), "negligent" means simple negligence, the failure to
381 exercise that degree of care that reasonable and prudent persons exercise under like or similar
382 circumstances.
383 (3) (a) Criminal homicide is automobile homicide, a second degree felony, if the
384 person operates a motor vehicle in a criminally negligent manner causing the death of another
385 and:
386 (i) has sufficient alcohol in his body that a subsequent chemical test shows that the
387 person has a blood or breath alcohol concentration of .08 grams or greater at the time of the
388 test;
389 (ii) is under the influence of alcohol, any drug, or the combined influence of alcohol
390 and any drug to a degree that renders the person incapable of safely operating a vehicle; or
391 (iii) has a blood or breath alcohol concentration of .08 grams or greater at the time of
392 operation.
393 (b) As used in this Subsection (3), "criminally negligent" means criminal negligence as
394 defined by Subsection 76-2-103 (4).
395 (4) The standards for chemical breath analysis as provided by Section 41-6a-515 and
396 the provisions for the admissibility of chemical test results as provided by Section 41-6a-516
397 apply to determination and proof of blood alcohol content under this section.
398 (5) Calculations of blood or breath alcohol concentration under this section shall be
399 made in accordance with Subsection 41-6a-502 (1).
400 (6) The fact that a person charged with violating this section is or has been legally
401 entitled to use alcohol or a drug is not a defense.
402 (7) Evidence of a defendant's blood or breath alcohol content or drug content is
403 admissible except when prohibited by Rules of Evidence or the constitution.
404 (8) A person is guilty of a separate offense for each victim suffering bodily injury or
405 serious bodily injury as a result of the person's violation of Section 41-6a-502 or death as a
406 result of the person's violation of this section whether or not the injuries arise from the same
407 episode of driving.
[Bill Documents][Bills Directory]