S.B. 50

This document includes Senate Committee Amendments incorporated into the bill on Fri, Feb 3, 2012 at 9:54 AM by khelgesen. --> This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Wed, Feb 15, 2012 at 2:44 PM by khelgesen. -->

Text Box
- 1 -

Senate Committee Amendments 2-3-2012 kh/sch 1

MOTOR VEHICLE IMPOUNDMENT AMENDMENTS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Michael G. Waddoups
5 House Sponsor: Johnny Anderson
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Traffic Code by amending provisions relating to the seizure and
10 impoundment of a vehicle.
11 Highlighted Provisions:
12 This bill:
13 . requires a peace officer to seize and impound a vehicle if the peace officer arrests,
14 cites, or refers for administrative action the operator of the vehicle for driving the
15 motor vehicle while the operator's license is denied, suspended, revoked, or
16 disqualified for violating certain drug or alcohol-related offenses with exception;
17 and
18 . makes technical changes.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 This bill S. [ provides an immediate effective date ] takes effect on July 1, 2012 .S .
23 Utah Code Sections Affected:
24 AMENDS:
25 41-6a-527, as last amended by Laws of Utah 2009, Chapter 268
26
27 Be it enacted by the Legislature of the state of Utah:

Text Box
- 2 -

Senate 2nd Reading Amendments 2-15-2012 kh/sch 28

Section 1. Section 41-6a-527 is amended to read:
29 41-6a-527. Seizure and impoundment of vehicles by peace officers -- Impound
30 requirements -- Removal of vehicle by owner -- Forfeiture.
31 (1) If a peace officer arrests, cites, or refers for administrative action the operator of a
32 vehicle for violating Section 41-6a-502 , 41-6a-517 , 41-6a-518.2 , 41-6a-520 , 41-6a-530 ,
33 41-6a-606 , 53-3-231 , 53-3-232 , S. [ Subsection 53-3-227 (3) ] Subsections 53-3-227(3)(a)(i)
33a through (vi), Subsection 53-3-227(3)(a)(ix) .S , or a local ordinance similar to Section
34 41-6a-502 which complies with Subsection 41-6a-510 (1), the peace officer shall seize and
35 impound the vehicle in accordance with Section 41-6a-1406 , except as provided under
36 Subsection (2).
37 (2) If a registered owner of the vehicle, other than the operator, is present at the time of
38 arrest, the peace officer may release the vehicle to that registered owner, but only if:
39 (a) the registered owner:
40 (i) requests to remove the vehicle from the scene; and
41 (ii) presents to the peace officer sufficient identification to prove ownership of the
42 vehicle or motorboat;
43 (b) the registered owner identifies a driver with a valid operator's license who:
44 (i) complies with all restrictions of his operator's license; and
45 (ii) would not, in the judgment of the officer, be in violation of Section 41-6a-502 ,
46 41-6a-517 , 41-6a-518.2 , 41-6a-520 , 41-6a-530 , 53-3-231 , 53-3-232 , or a local ordinance
47 similar to Section 41-6a-502 which complies with Subsection 41-6a-510 (1) if permitted to
48 operate the vehicle; and
49 (c) the vehicle itself is legally operable.
50 (3) If necessary for transportation of a motorboat for impoundment under this section,
51 the motorboat's trailer may be used to transport the motorboat.
52 (4) A motor vehicle is subject to criminal or civil forfeiture under the procedures and
53 substantive protections established in Title 24, Chapter 1, Utah Uniform Forfeiture Procedures
54 Act, upon a finding by the court that:
55 (a) the motor vehicle was used in a violation of Section 41-6a-502 , 41-6a-517 , a local
56 ordinance which complies with the requirements of Subsection 41-6a-510 (1), Subsection
57 58-37-8 (2)(g), or Section 76-5-207 ;
58 (b) the operator of the vehicle has previously been convicted of a violation committed

Text Box
- 3 -

Senate Committee Amendments 2-3-2012 kh/sch 59

after May 12, 2009, of:
60 (i) a felony driving under the influence violation under Section 41-6a-502 ;
61 (ii) a felony violation of Subsection 58-37-8 (2)(g); or
62 (iii) automobile homicide under Section 76-5-207 ;
63 (c) the operator of the vehicle was driving on a denied, suspended, revoked, or
64 disqualified license; and
65 (d) (i) the denial, suspension, revocation, or disqualification under Subsection (4)(c)
66 was imposed because of a violation of:
67 (A) Section 41-6a-502 ;
68 (B) Section 41-6a-517 ;
69 (C) a local ordinance which complies with the requirements of Subsection
70 41-6a-510 (1);
71 (D) Section 41-6a-520 ;
72 (E) Subsection 58-37-8 (2)(g);
73 (F) Section 76-5-207 ; or
74 (G) a criminal prohibition that the person was charged with violating as a result of a
75 plea bargain after having been originally charged with violating one or more of the sections or
76 ordinances described in Subsections (4)(d)(i)(A) through (F); or
77 (ii) (A) the denial, suspension, revocation, or disqualification described in Subsection
78 (4)(c) is an extension imposed under Subsection 53-3-220 (2) of a denial, suspension,
79 revocation, or disqualification; and
80 (B) the original denial, suspension, revocation, or disqualification was imposed
81 because of a violation described in Subsection (4)(d)(i)(A) through (G).
82 Section 2. Effective date.
83 S. [ If approved by two-thirds of all the members elected to each house, this bill takes effect
84 upon approval by the governor, or the day following the constitutional time limit of Utah
85 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
86 the date of veto override. ] This bill takes effect on July 1, 2012. .S

Text Box
- 4 -

Legislative Review Note
as of 1-30-12 1:04 PM

Office of Legislative Research and General Counsel