S.B. 146

This document includes House Committee Amendments incorporated into the bill on Wed, Feb 13, 2013 at 2:13 PM by lerror. -->

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House Committee Amendments 2-13-2013 le/sch 1

DRIVING UNDER THE INFLUENCE AMENDMENTS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Scott K. Jenkins
5 House Sponsor: James A. Dunnigan
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Traffic Code by amending provisions relating to driving under the
10 influence.
11 Highlighted Provisions:
12 This bill:
13 . establishes minimum hours that a court shall require a person to participate in home
14 confinement, if the court orders home confinement through the use of electronic
15 monitoring for a first, second, or felony driving under the influence offense; H. [ and ]
15a . provides that a court may order the imposition of an ankle attached continuous
15b transdermal alcohol monitoring device as a condition of probation if a person is convicted of a
15c driving under the influence violation and there is admissible evidence that the person had a
15d blood alcohol level of .16 or higher; and .H
16 . makes technical corrections.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 41-6a-505, as enacted by Laws of Utah 2005, Chapter 2
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 41-6a-505 is amended to read:
27 41-6a-505. Sentencing requirements for driving under the influence of alcohol,

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29 (1) As part of any sentence for a first conviction of Section 41-6a-502 :
30 (a) the court shall:
31 (i) (A) impose a jail sentence of not less than 48 consecutive hours;
32 (B) require the person to work in a compensatory-service work program for not less
33 than 48 hours; or
34 (C) require the person to participate in home confinement of not fewer than 48
35 consecutive hours through the use of electronic monitoring in accordance with Section
36 41-6a-506 ;
37 (ii) order the person to participate in a screening;
38 (iii) order the person to participate in an assessment, if it is found appropriate by a
39 screening under Subsection (1)(a)(ii);
40 (iv) order the person to participate in an educational series if the court does not order
41 substance abuse treatment as described under Subsection (1)(b);
42 (v) impose a fine of not less than $700; and
43 (vi) order probation for the person in accordance with Section 41-6a-507 , if there is
44 admissible evidence that the person had a blood alcohol level of .16 or higher; and
45 (b) the court may:
46 (i) order the person to obtain substance abuse treatment if the substance abuse
47 treatment program determines that substance abuse treatment is appropriate; or
48 (ii) order probation for the person in accordance with Section 41-6a-507 .
49 (2) If a person is convicted under Section 41-6a-502 within 10 years of a prior
50 conviction as defined in Subsection 41-6a-501 (2):
51 (a) the court shall:
52 (i) (A) impose a jail sentence of not less than 240 consecutive hours;
53 (B) require the person to work in a compensatory-service work program for not less
54 than 240 hours; or
55 (C) require the person to participate in home confinement of not fewer than 240
56 consecutive hours through the use of electronic monitoring in accordance with Section
57 41-6a-506 ;
58 (ii) order the person to participate in a screening;

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House Committee Amendments 2-13-2013 le/sch 59

(iii) order the person to participate in an assessment, if it is found appropriate by a
60 screening under Subsection (2)(a)(ii);
61 (iv) order the person to participate in an educational series if the court does not order
62 substance abuse treatment as described under Subsection (2)(b);
63 (v) impose a fine of not less than $800; and
64 (vi) order probation for the person in accordance with Section 41-6a-507 ; and
65 (b) the court may order the person to obtain substance abuse treatment if the substance
66 abuse treatment program determines that substance abuse treatment is appropriate.
67 (3) Under Subsection 41-6a-503 (2), if the court suspends the execution of a prison
68 sentence and places the defendant on probation:
69 (a) the court shall impose:
70 (i) a fine of not less than $1,500;
71 (ii) a jail sentence of not less than 1,500 hours;
72 (iii) supervised probation; and
73 (iv) an order requiring the person to obtain a screening and assessment and substance
74 abuse treatment at a substance abuse treatment program providing intensive care or inpatient
75 treatment and long-term closely supervised follow-through after treatment for not less than 240
76 hours; and
77 (b) H. in lieu of Subsection (3)(a)(ii), .H the court may require the person to participate
77a in home confinement of not fewer
78 than 1,500 hours through the use of electronic monitoring in accordance with Section
79 41-6a-506 .
80 (4) (a) The requirements of Subsections (1)(a), (2)(a), and (3)(a) may not be suspended.
81 (b) Probation or parole resulting from a conviction for a violation under this section
82 may not be terminated.
83 (5) If a person is convicted of a violation of Section 41-6a-502 and there is admissible
84 evidence that the person had a blood alcohol level of .16 or higher, the court shall order the
85 following, or describe on record why the order or orders are not appropriate:
86 (a) treatment as described under Subsection (1)(b), (2)(b), or (3)(a)(iv); and
87 (b) one or H. [ both ] more .H of the following:
88 (i) the installation of an ignition interlock system as a condition of probation for the
89 person in accordance with Section 41-6a-518 ; H. [ or ]
89a (ii) the imposition of an ankle attached continuous transdermal alcohol monitoring
89b device as a condition of probation for the person; or .H

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House Committee Amendments 2-13-2013 le/sch 90

H. [ (ii) ] (iii) .H the imposition of home confinement through the use of electronic
90a monitoring in
91 accordance with Section 41-6a-506 .

Legislative Review Note
as of 1-18-13 4:06 PM

Office of Legislative Research and General Counsel

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