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8 LONG TITLE
9 General Description:
10 This bill modifies the Alcoholic Beverage Control Act regarding immunity from
11 specified provisions concerning consuming and supplying alcohol.
12 Highlighted Provisions:
13 This bill:
14 . provides that if a person is unlawfully intoxicated or provides alcohol to a minor,
15 and the person seeks emergency assistance for a third party due to that party's
16 consumption of alcohol, the person is immune from prosecution under specified
17 circumstances, including if the person provides the person's identity and cooperates
18 with emergency personnel and peace officers.
19 Money Appropriated in this Bill:
21 Other Special Clauses:
23 Utah Code Sections Affected:
25 32B-4-423, Utah Code Annotated 1953
27 32B-4-210, as enacted by Laws of Utah 2010, Chapter 329
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 32B-4-423 is enacted to read:
31 32B-4-423. Immunity regarding alcohol consumption offenses when seeking
32 emergency aid for another person.
33 (1) A law enforcement officer may not cite or arrest a person solely because of a
34 person's violation of a provision under Subsection (2) if the officer came into contact with the
35 person because:
36 (a) the person had requested or acted in concert with another person to request
37 emergency medical assistance for a third party who reasonably appeared to be in need of
38 medical care due to the consumption of alcohol;
39 (b) the officer was responding to the request for emergency medical assistance;
40 (c) the person provided to the officer the person's name and identifying information as
41 requested by the officer;
42 (d) the person remained at the location where the third party was located until
43 emergency medical response personnel arrived at the location; and
44 (e) the person cooperated with the emergency medical assistance personnel and law
45 enforcement officers at the location.
46 (2) Offenses referred to in Subsection (1) are violations of:
47 (a) Section 32B-4-403 regarding the unlawful sale, offer for sale, or furnishing of
48 alcohol to a minor;
49 (b) Subsection 32B-4-409 (1) regarding the unlawful purchase, possession, or
50 consumption of alcohol by a minor; and
51 (c) Subsection 76-9-701 (1) regarding intoxication when the offense involves
52 consumption of alcohol.
53 (3) An officer who declines to cite or arrest a person while acting in good faith under
54 Subsection (1) is not civilly liable.
55 Section 2. Repealer.
56 This bill repeals:
57 Section 32B-4-210, Sentencing considerations.
Legislative Review Note
as of 2-18-13 6:01 AM