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8 LONG TITLE
9 General Description:
10 This bill modifies provisions relating to sentencing requirements for certain alcohol or
11 drug related offenses.
12 Highlighted Provisions:
13 This bill:
14 ▸ requires a court to order a screening, an assessment, and an educational series or
15 substance abuse treatment if found appropriate by the screening or assessment for
16 certain alcohol related offenses committed by minors;
17 ▸ authorizes a court to reduce a driver license suspension period for certain alcohol or
18 drug related offenses committed by minors;
19 ▸ amends the requirements for a court to reduce a driver license suspension period for
20 certain alcohol or drug related offenses committed by minors; and
21 ▸ makes conforming and technical changes.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 AMENDS:
28 32B-4-409, as last amended by Laws of Utah 2014, Chapter 314
29 32B-4-410, as last amended by Laws of Utah 2014, Chapter 314
30 32B-4-411, as enacted by Laws of Utah 2010, Chapter 276
31 53-3-220, as last amended by Laws of Utah 2010, Chapters 276 and 374
32 76-9-701, as last amended by Laws of Utah 2014, Chapter 314
33 78A-6-606, as last amended by Laws of Utah 2014, Chapter 314
34
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 32B-4-409 is amended to read:
37 32B-4-409. Unlawful purchase, possession, consumption by minor -- Measurable
38 amounts in body.
39 (1) Unless specifically authorized by this title, it is unlawful for a minor to:
40 (a) purchase an alcoholic product;
41 (b) attempt to purchase an alcoholic product;
42 (c) solicit another person to purchase an alcoholic product;
43 (d) possess an alcoholic product;
44 (e) consume an alcoholic product; or
45 (f) have measurable blood, breath, or urine alcohol concentration in the minor's body.
46 (2) It is unlawful for the purpose of purchasing or otherwise obtaining an alcoholic
47 product for a minor for:
48 (a) a minor to misrepresent the minor's age; or
49 (b) any other person to misrepresent the age of a minor.
50 (3) It is unlawful for a minor to possess or consume an alcoholic product while riding
51 in a limousine or chartered bus.
52 (4) If a minor is found by a court to have violated this section [
53
54 [
55
56 [
57 (a) order the minor to complete a screening as defined in Section 41-6a-501;
58 (b) order the minor to complete an assessment as defined in Section 41-6a-501 if the
59 screening indicates an assessment to be appropriate; and
60 (c) order the minor to complete an educational series as defined in Section 41-6a-501
61 or substance abuse treatment as indicated by an assessment.
62 (5) (a) When a minor who is at least 18 years old, but younger than 21 years old, is
63 found by a court to have violated this section, except as provided in Section 32B-4-411, the
64 court hearing the case shall suspend the minor's driving privileges under Section 53-3-219.
65 (b) Notwithstanding the provision in Subsection (5)(a), the court may reduce the
66 suspension period required under Section 53-3-219 if:
67 (i) the violation is the minor's first violation of this section; and
68 (ii) (A) the minor completes an educational series as defined in Section 41-6a-501[
69 or
70 (B) the minor demonstrates substantial progress in substance abuse treatment.
71 (c) Notwithstanding the requirement in Subsection (5)(a) and in accordance with the
72 requirements of Section 53-3-219, the court may reduce the suspension period required under
73 Section 53-3-219 if:
74 (i) the violation is the minor's second or subsequent violation of this section; [
75 (ii) the minor has completed an educational series as defined in Section 41-6a-501 or
76 demonstrated substantial progress in substance abuse treatment; and
77 [
78 the court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
79 consecutive period during the suspension period imposed under Subsection (5)(a); or
80 (B) the person is under 18 years of age and has the person's parent or legal guardian
81 provide an affidavit or sworn statement to the court certifying that to the parent or legal
82 guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at least a
83 one-year consecutive period during the suspension period imposed under Subsection (5)(a).
84 (6) When a minor who is at least 13 years old, but younger than 18 years old, is found
85 by the court to have violated this section, Section 78A-6-606 applies to the violation.
86 (7) When a court issues an order suspending a person's driving privileges for a
87 violation of this section, the Driver License Division shall suspend the person's license under
88 Section 53-3-219.
89 (8) When the Department of Public Safety receives the arrest or conviction record of a
90 person for a driving offense committed while the person's license is suspended pursuant to this
91 section, the Department of Public Safety shall extend the suspension for an additional like
92 period of time.
93 (9) This section does not apply to a minor's consumption of an alcoholic product in
94 accordance with this title:
95 (a) for medicinal purposes if:
96 (i) the minor is at least 18 years old; or
97 (ii) the alcoholic product is furnished by:
98 (A) the parent or guardian of the minor; or
99 (B) the minor's health care practitioner, if the health care practitioner is authorized by
100 law to write a prescription; or
101 (b) as part of a religious organization's religious services.
102 Section 2. Section 32B-4-410 is amended to read:
103 32B-4-410. Unlawful admittance or attempt to gain admittance by minor.
104 (1) It is unlawful for a minor to gain admittance or attempt to gain admittance to the
105 premises of:
106 (a) a tavern; or
107 (b) a social club licensee, except to the extent authorized by Section 32B-6-406.1.
108 (2) A minor who violates this section is guilty of a class C misdemeanor.
109 (3) If a minor is found by a court to have violated this section [
110
111 [
112
113 [
114 (a) order the minor to complete a screening as defined in Section 41-6a-501;
115 (b) order the minor to complete an assessment as defined in Section 41-6a-501 if the
116 screening indicates an assessment to be appropriate; and
117 (c) order the minor to complete an educational series as defined in Section 41-6a-501
118 or substance abuse treatment as indicated by an assessment.
119 (4) (a) When a minor who is at least 18 years old, but younger than 21 years old, is
120 found by a court to have violated this section, except as provided in Section 32B-4-411, the
121 court hearing the case shall suspend the minor's driving privileges under Section 53-3-219.
122 (b) Notwithstanding the provision in Subsection (4)(a), the court may reduce the
123 suspension period required under Section 53-3-219 if:
124 (i) the violation is the minor's first violation of this section; and
125 (ii) (A) the minor completes an educational series as defined in Section 41-6a-501[
126 or
127 (B) the minor demonstrates substantial progress in substance abuse treatment.
128 (c) Notwithstanding the requirement in Subsection (4)(a) and in accordance with the
129 requirements of Section 53-3-219, the court may reduce the suspension period required under
130 Section 53-3-219 if:
131 (i) the violation is the minor's second or subsequent violation of this section; [
132 (ii) the minor has completed an educational series as defined in Section 41-6a-501 or
133 demonstrated substantial progress in substance abuse treatment; and
134 [
135 the court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
136 consecutive period during the suspension period imposed under Subsection (4)(a); or
137 (B) the person is under 18 years of age and has the person's parent or legal guardian
138 provide an affidavit or sworn statement to the court certifying that to the parent or legal
139 guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at least a
140 one-year consecutive period during the suspension period imposed under Subsection (4)(a).
141 (5) When a minor who is at least 13 years old, but younger than 18 years old, is found
142 by a court to have violated this section, Section 78A-6-606 applies to the violation.
143 (6) When a court issues an order suspending a person's driving privileges for a
144 violation of this section, the Driver License Division shall suspend the person's license under
145 Section 53-3-219.
146 (7) When the Department of Public Safety receives the arrest or conviction record of a
147 person for a driving offense committed while the person's license is suspended pursuant to this
148 section, the Department of Public Safety shall extend the suspension for an additional like
149 period of time.
150 Section 3. Section 32B-4-411 is amended to read:
151 32B-4-411. Minor's unlawful use of proof of age.
152 (1) As used in this section, "proof of age violation" means a violation by a minor of:
153 (a) Chapter 1, Part 4, Proof of Age Act; or
154 (b) if as part of the violation the minor uses a proof of age in violation of Chapter 1,
155 Part 4, Proof of Age Act:
156 (i) Section 32B-4-409; or
157 (ii) Section 32B-4-410.
158 (2) If a court finds a minor engaged in a proof of age violation, notwithstanding the
159 penalties provided for in Subsection (1):
160 (a) (i) for a first violation, the minor is guilty of a class B misdemeanor;
161 (ii) for a second violation, the minor is guilty of a class A misdemeanor; and
162 (iii) for a third or subsequent violation, the minor is guilty of a class A misdemeanor,
163 except that the court may impose:
164 (A) a fine of up to $5,000;
165 (B) screening, assessment, or substance abuse treatment, as defined in Section
166 41-6a-501;
167 (C) an educational series, as defined in Section 41-6a-501;
168 (D) alcoholic product related community service or compensatory service work
169 program hours;
170 (E) fees for restitution and treatment costs;
171 (F) defensive driver education courses; or
172 (G) a combination of these penalties; and
173 (b) (i) for a minor who is at least 13 years old, but younger than 18 years old:
174 (A) the court shall forward to the Driver License Division a record of an adjudication
175 under Title 78A, Chapter 6, Juvenile Court Act of 1996, for a violation under this section; and
176 (B) the provisions regarding suspension of a driver license under Section 78A-6-606
177 apply; and
178 (ii) for a minor who is at least 18 years old, but younger than 21 years old:
179 (A) the court shall forward to the Driver License Division a record of conviction for a
180 violation under this section; and
181 (B) the Driver License Division shall suspend the person's license under Section
182 53-3-220.
183 (3) (a) Notwithstanding the requirement in Subsection (2)(b), the court may reduce the
184 suspension period under Subsection 53-3-220(1)(e) or 78A-6-606(2)(d) if:
185 (i) the violation is the minor's first violation of Section 32B-4-411; and
186 (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
187 (B) the minor demonstrates substantial progress in substance abuse treatment.
188 (b) Notwithstanding the requirement in Subsection (2)(b), the court may reduce the
189 suspension period under Subsection 53-3-220(1)(e) or 78A-6-606(2)(d) if:
190 (i) the violation is the minor's second or subsequent violation of Section 32B-4-411;
191 (ii) the person has completed an educational series as defined in Section 41-6a-501 or
192 demonstrated substantial progress in substance abuse treatment; and
193 (iii) (A) the person is 18 years of age or older and provides a sworn statement to the
194 court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
195 consecutive period during the suspension period imposed under Subsection 53-3-220(1)(e) or
196 78A-6-606(2)(d); or
197 (B) the minor is under 18 years of age and has the minor's parent or legal guardian
198 provide an affidavit or sworn statement to the court certifying that to the parent or legal
199 guardian's knowledge the minor has not unlawfully consumed alcohol or drugs for at least a
200 one-year consecutive period during the suspension period imposed under Subsection
201 53-3-220(1)(e) or 78A-6-606(2)(d).
202 [
203 of an individual for a driving offense committed while the individual's license is suspended
204 pursuant to this section, the Department of Public Safety shall extend the suspension for an
205 additional like period of time.
206 [
207 a plea in abeyance agreement.
208 Section 4. Section 53-3-220 is amended to read:
209 53-3-220. Offenses requiring mandatory revocation, denial, suspension, or
210 disqualification of license -- Offense requiring an extension of period -- Hearing --
211 Limited driving privileges.
212 (1) (a) The division shall immediately revoke or, when this chapter, Title 41, Chapter
213 6a, Traffic Code, or Section 76-5-303, specifically provides for denial, suspension, or
214 disqualification, the division shall deny, suspend, or disqualify the license of a person upon
215 receiving a record of the person's conviction for:
216 (i) manslaughter or negligent homicide resulting from driving a motor vehicle, or
217 automobile homicide under Section 76-5-207 or 76-5-207.5;
218 (ii) driving or being in actual physical control of a motor vehicle while under the
219 influence of alcohol, any drug, or combination of them to a degree that renders the person
220 incapable of safely driving a motor vehicle as prohibited in Section 41-6a-502 or as prohibited
221 in an ordinance that complies with the requirements of Subsection 41-6a-510(1);
222 (iii) driving or being in actual physical control of a motor vehicle while having a blood
223 or breath alcohol content as prohibited in Section 41-6a-502 or as prohibited in an ordinance
224 that complies with the requirements of Subsection 41-6a-510(1);
225 (iv) perjury or the making of a false affidavit to the division under this chapter, Title
226 41, Motor Vehicles, or any other law of this state requiring the registration of motor vehicles or
227 regulating driving on highways;
228 (v) any felony under the motor vehicle laws of this state;
229 (vi) any other felony in which a motor vehicle is used to facilitate the offense;
230 (vii) failure to stop and render aid as required under the laws of this state if a motor
231 vehicle accident results in the death or personal injury of another;
232 (viii) two charges of reckless driving, impaired driving, or any combination of reckless
233 driving and impaired driving committed within a period of 12 months; but if upon a first
234 conviction of reckless driving or impaired driving the judge or justice recommends suspension
235 of the convicted person's license, the division may after a hearing suspend the license for a
236 period of three months;
237 (ix) failure to bring a motor vehicle to a stop at the command of a peace officer as
238 required in Section 41-6a-210;
239 (x) any offense specified in Part 4, Uniform Commercial Driver License Act, that
240 requires disqualification;
241 (xi) a felony violation of Section 76-10-508 or 76-10-508.1 involving discharging or
242 allowing the discharge of a firearm from a vehicle;
243 (xii) using, allowing the use of, or causing to be used any explosive, chemical, or
244 incendiary device from a vehicle in violation of Subsection 76-10-306(4)(b);
245 (xiii) operating or being in actual physical control of a motor vehicle while having any
246 measurable controlled substance or metabolite of a controlled substance in the person's body in
247 violation of Section 41-6a-517;
248 (xiv) until July 30, 2015, operating or being in actual physical control of a motor
249 vehicle while having any alcohol in the person's body in violation of Section 53-3-232;
250 (xv) operating or being in actual physical control of a motor vehicle while having any
251 measurable or detectable amount of alcohol in the person's body in violation of Section
252 41-6a-530;
253 (xvi) engaging in a motor vehicle speed contest or exhibition of speed on a highway in
254 violation of Section 41-6a-606;
255 (xvii) operating or being in actual physical control of a motor vehicle in this state
256 without an ignition interlock system in violation of Section 41-6a-518.2; or
257 (xviii) custodial interference, under:
258 (A) Subsection 76-5-303(3), which suspension shall be for a period of 30 days, unless
259 the court provides the division with an order of suspension for a shorter period of time;
260 (B) Subsection 76-5-303(4), which suspension shall be for a period of 90 days, unless
261 the court provides the division with an order of suspension for a shorter period of time; or
262 (C) Subsection 76-5-303(5), which suspension shall be for a period of 180 days, unless
263 the court provides the division with an order of suspension for a shorter period of time.
264 (b) The division shall immediately revoke the license of a person upon receiving a
265 record of an adjudication under Title 78A, Chapter 6, Juvenile Court Act of 1996, for:
266 (i) a felony violation of Section 76-10-508 or 76-10-508.1 involving discharging or
267 allowing the discharge of a firearm from a vehicle; or
268 (ii) using, allowing the use of, or causing to be used any explosive, chemical, or
269 incendiary device from a vehicle in violation of Subsection 76-10-306(4)(b).
270 (c) Except when action is taken under Section 53-3-219 for the same offense, the
271 division shall immediately suspend for six months the license of a person upon receiving a
272 record of conviction for:
273 (i) any violation of:
274 (A) Title 58, Chapter 37, Utah Controlled Substances Act;
275 (B) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
276 (C) Title 58, Chapter 37b, Imitation Controlled Substances Act;
277 (D) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act; or
278 (E) Title 58, Chapter 37d, Clandestine Drug Lab Act; or
279 (ii) any criminal offense that prohibits:
280 (A) possession, distribution, manufacture, cultivation, sale, or transfer of any substance
281 that is prohibited under the acts described in Subsection (1)(c)(i); or
282 (B) the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or
283 transfer any substance that is prohibited under the acts described in Subsection (1)(c)(i).
284 (d) (i) The division shall immediately suspend a person's driver license for conviction
285 of the offense of theft of motor vehicle fuel under Section 76-6-404.7 if the division receives:
286 (A) an order from the sentencing court requiring that the person's driver license be
287 suspended; and
288 (B) a record of the conviction.
289 (ii) An order of suspension under this section is at the discretion of the sentencing
290 court, and may not be for more than 90 days for each offense.
291 (e) (i) The division shall immediately suspend for one year the license of a person upon
292 receiving a record of:
293 (A) conviction for the first time for a violation under Section 32B-4-411; or
294 (B) an adjudication under Title 78A, Chapter 6, Juvenile Court Act of 1996, for a
295 violation under Section 32B-4-411.
296 (ii) The division shall immediately suspend for a period of two years the license of a
297 person upon receiving a record of:
298 (A) (I) conviction for a second or subsequent violation under Section 32B-4-411; and
299 (II) the violation described in Subsection (1)(e)(ii)(A)(I) is within 10 years of a prior
300 conviction for a violation under Section 32B-4-411; or
301 (B) (I) a second or subsequent adjudication under Title 78A, Chapter 6, Juvenile Court
302 Act of 1996, for a violation under Section 32B-4-411; and
303 (II) the adjudication described in Subsection (1)(e)(ii)(B)(I) is within 10 years of a prior
304 adjudication under Title 78A, Chapter 6, Juvenile Court Act of 1996, for a violation under
305 Section 32B-4-411.
306 (iii) Upon receipt of a record under Subsection (1)(e)(i) or (ii), the division shall:
307 (A) for a conviction or adjudication described in Subsection (1)(e)(i):
308 (I) impose a suspension for one year beginning on the date of conviction; or
309 (II) if the person is under the age of eligibility for a driver license, impose a suspension
310 that begins on the date of conviction and continues for one year beginning on the date of
311 eligibility for a driver license; or
312 (B) for a conviction or adjudication described in Subsection (1)(e)(ii):
313 (I) impose a suspension for a period of two years; or
314 (II) if the person is under the age of eligibility for a driver license, impose a suspension
315 that begins on the date of conviction and continues for two years beginning on the date of
316 eligibility for a driver license.
317 (iv) Upon receipt of the first order suspending a person's driving privileges under
318 Section 32B-4-411, the division shall reduce the suspension period under Subsection (1)(e)(i) if
319 ordered by the court in accordance with Subsection 32B-4-411(3)(a).
320 (v) Upon receipt of the second or subsequent order suspending a person's driving
321 privileges under Section 32B-4-411, the division shall reduce the suspension period under
322 Subsection (1)(e)(ii) if ordered by the court in accordance with Subsection 32B-4-411(3)(b).
323 (2) The division shall extend the period of the first denial, suspension, revocation, or
324 disqualification for an additional like period, to a maximum of one year for each subsequent
325 occurrence, upon receiving:
326 (a) a record of the conviction of any person on a charge of driving a motor vehicle
327 while the person's license is denied, suspended, revoked, or disqualified;
328 (b) a record of a conviction of the person for any violation of the motor vehicle law in
329 which the person was involved as a driver;
330 (c) a report of an arrest of the person for any violation of the motor vehicle law in
331 which the person was involved as a driver; or
332 (d) a report of an accident in which the person was involved as a driver.
333 (3) When the division receives a report under Subsection (2)(c) or (d) that a person is
334 driving while the person's license is denied, suspended, disqualified, or revoked, the person is
335 entitled to a hearing regarding the extension of the time of denial, suspension, disqualification,
336 or revocation originally imposed under Section 53-3-221.
337 (4) (a) The division may extend to a person the limited privilege of driving a motor
338 vehicle to and from the person's place of employment or within other specified limits on
339 recommendation of the judge in any case where a person is convicted of any of the offenses
340 referred to in Subsections (1) and (2) except:
341 (i) automobile homicide under Subsection (1)(a)(i);
342 (ii) those offenses referred to in Subsections (1)(a)(ii), (iii), (xi), (xii), (xiii), (1)(b), and
343 (1)(c); and
344 (iii) those offenses referred to in Subsection (2) when the original denial, suspension,
345 revocation, or disqualification was imposed because of a violation of Section 41-6a-502,
346 41-6a-517, a local ordinance which complies with the requirements of Subsection
347 41-6a-510(1), Section 41-6a-520, or Section 76-5-207, or a criminal prohibition that the person
348 was charged with violating as a result of a plea bargain after having been originally charged
349 with violating one or more of these sections or ordinances, unless:
350 (A) the person has had the period of the first denial, suspension, revocation, or
351 disqualification extended for a period of at least three years;
352 (B) the division receives written verification from the person's primary care physician
353 that:
354 (I) to the physician's knowledge the person has not used any narcotic drug or other
355 controlled substance except as prescribed by a licensed medical practitioner within the last
356 three years; and
357 (II) the physician is not aware of any physical, emotional, or mental impairment that
358 would affect the person's ability to operate a motor vehicle safely; and
359 (C) for a period of one year prior to the date of the request for a limited driving
360 privilege:
361 (I) the person has not been convicted of a violation of any motor vehicle law in which
362 the person was involved as the operator of the vehicle;
363 (II) the division has not received a report of an arrest for a violation of any motor
364 vehicle law in which the person was involved as the operator of the vehicle; and
365 (III) the division has not received a report of an accident in which the person was
366 involved as an operator of a vehicle.
367 (b) (i) Except as provided in Subsection (4)(b)(ii), the discretionary privilege
368 authorized in this Subsection (4):
369 (A) is limited to when undue hardship would result from a failure to grant the
370 privilege; and
371 (B) may be granted only once to any person during any single period of denial,
372 suspension, revocation, or disqualification, or extension of that denial, suspension, revocation,
373 or disqualification.
374 (ii) The discretionary privilege authorized in Subsection (4)(a)(iii):
375 (A) is limited to when the limited privilege is necessary for the person to commute to
376 school or work; and
377 (B) may be granted only once to any person during any single period of denial,
378 suspension, revocation, or disqualification, or extension of that denial, suspension, revocation,
379 or disqualification.
380 (c) A limited CDL may not be granted to a person disqualified under Part 4, Uniform
381 Commercial Driver License Act, or whose license has been revoked, suspended, cancelled, or
382 denied under this chapter.
383 Section 5. Section 76-9-701 is amended to read:
384 76-9-701. Intoxication -- Release of arrested person or placement in detoxification
385 center.
386 (1) A person is guilty of intoxication if the person is under the influence of alcohol, a
387 controlled substance, or any substance having the property of releasing toxic vapors, to a
388 degree that the person may endanger the person or another, in a public place or in a private
389 place where the person unreasonably disturbs other persons.
390 (2) (a) A peace officer or a magistrate may release from custody a person arrested
391 under this section if the peace officer or magistrate believes imprisonment is unnecessary for
392 the protection of the person or another.
393 (b) A peace officer may take the arrested person to a detoxification center or other
394 special facility as an alternative to incarceration or release from custody.
395 (3) If a minor is found by a court to have violated this section [
396
397 [
398
399 [
400 (a) order the minor to complete a screening as defined in Section 41-6a-501;
401 (b) order the minor to complete an assessment as defined in Section 41-6a-501 if the
402 screening indicates an assessment to be appropriate; and
403 (c) order the minor to complete an educational series as defined in Section 41-6a-501
404 or substance abuse treatment as indicated by an assessment.
405 (4) (a) When a minor who is at least 18 years old, but younger than 21 years old, is
406 found by a court to have violated this section, the court hearing the case shall suspend the
407 minor's driving privileges under Section 53-3-219.
408 (b) Notwithstanding the requirement in Subsection (4)(a), the court may reduce the
409 suspension period required under Section 53-3-219 if:
410 (i) the violation is the minor's first violation of this section; and
411 (ii) (A) the minor completes an educational series as defined in Section 41-6a-501[
412 or
413 (B) the minor demonstrates substantial progress in substance abuse treatment.
414 (c) Notwithstanding the requirement in Subsection (4)(a) and in accordance with the
415 requirements of Section 53-3-219, the court may reduce the suspension period required under
416 Section 53-3-219 if:
417 (i) the violation is the minor's second or subsequent violation of this section; [
418 (ii) the minor has completed an educational series as defined in Section 41-6a-501 or
419 demonstrated substantial progress in substance abuse treatment; and
420 [
421 the court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
422 consecutive period during the suspension period imposed under Subsection (4)(a); or
423 (B) the person is under 18 years of age and has the person's parent or legal guardian
424 provide an affidavit or sworn statement to the court certifying that to the parent or legal
425 guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at least a
426 one-year consecutive period during the suspension period imposed under Subsection (4)(a).
427 (5) When a person who is at least 13 years old, but younger than 18 years old, is found
428 by a court to have violated this section, the provisions regarding suspension of the driver's
429 license under Section 78A-6-606 apply to the violation.
430 (6) When the court issues an order suspending a person's driving privileges for a
431 violation of this section, the person's driver license shall be suspended under Section 53-3-219.
432 (7) An offense under this section is a class C misdemeanor.
433 Section 6. Section 78A-6-606 is amended to read:
434 78A-6-606. Suspension of license for certain offenses.
435 (1) This section applies to a minor who is at least 13 years of age when found by the
436 court to be within its jurisdiction by the commission of an offense under:
437 (a) Section 32B-4-409;
438 (b) Section 32B-4-410;
439 (c) Section 32B-4-411;
440 (d) Section 58-37-8;
441 (e) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
442 (f) Title 58, Chapter 37b, Imitation Controlled Substances Act; or
443 (g) Subsection 76-9-701(1).
444 (2) If the court hearing the case determines that the minor committed an offense under
445 Section 58-37-8 or Title 58, Chapter 37a or 37b, the court shall prepare and send to the Driver
446 License Division of the Department of Public Safety an order to suspend that minor's driving
447 privileges.
448 (3) (a) The court hearing the case shall suspend the minor's driving privileges if[
449 the minor violated Section 32B-4-409, Section 32B-4-410, or Subsection 76-9-701(1)[
450 [
451
452 (b) Notwithstanding the requirement in Subsection (2) or (3)(a), the court may reduce
453 the suspension period required under Section 53-3-219 if:
454 (i) the violation is the minor's first violation of:
455 (A) Section 32B-4-409[
456 (B) Section 32B-4-410[
457 (C) Section 58-37-8;
458 (D) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
459 (E) Tile 58, Chapter 37b, Imitation Controlled Substances Act; or
460 (F) Subsection 76-9-701(1); and
461 (ii) (A) the minor completes an educational series as defined in Section 41-6a-501[
462 or
463 (B) the minor demonstrates substantial progress in substance abuse treatment.
464 (c) Notwithstanding the requirement in Subsection (2) or (3)(a) and in accordance with
465 the requirements of Section 53-3-219, the court may reduce the suspension period required
466 under Section 53-3-219 if:
467 (i) the violation is the minor's second or subsequent violation of:
468 (A) Section 32B-4-409[
469 (B) Section 32B-4-410[
470 (C) Section 58-37-8;
471 (D) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
472 (E) Title 58, Chapter 37b, Imitation Controlled Substances Act; or
473 (F) Subsection 76-9-701(1); [
474 (ii) the minor has completed an educational series as defined in Section 41-6a-501 or
475 demonstrated substantial progress in substance abuse treatment; and
476 [
477 the court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
478 consecutive period during the suspension period imposed under Subsection (3)(a); or
479 (B) the person is under 18 years of age and has the person's parent or legal guardian
480 provide an affidavit or sworn statement to the court certifying that to the parent or legal
481 guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at least a
482 one-year consecutive period during the suspension period imposed under Subsection (3)(a).
483 (d) If a minor commits a proof of age violation, as defined in Section 32B-4-411:
484 (i) the court shall forward a record of adjudication to the Department of Public Safety
485 for a first or subsequent violation; and
486 (ii) the minor's driving privileges will be suspended:
487 (A) for a period of at least one year under Section 53-3-220 for a first conviction for a
488 violation of Section 32B-4-411; or
489 (B) for a period of two years for a second or subsequent conviction for a violation of
490 Section 32B-4-411.
491 (e) Notwithstanding the requirement in Subsection (3)(d), the court may reduce the
492 suspension period imposed under Subsection (3)(d)(ii)(A) if:
493 (i) the violation is the minor's first violation of Section 32B-4-411; and
494 (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
495 (B) the minor demonstrates substantial progress in substance abuse treatment.
496 (f) Notwithstanding the requirement in Subsection (3)(d), the court may reduce the
497 suspension period imposed under Subsection (3)(d)(ii)(B) if:
498 (i) the violation is the minor's second or subsequent violation of Section 32B-4-411;
499 (ii) the minor has completed an educational series as defined in Section 41-6a-501 or
500 demonstrated substantial progress in substance abuse treatment; and
501 (iii) (A) the person is 18 years of age or older and provides a sworn statement to the
502 court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
503 consecutive period during the suspension period imposed under Subsection (3)(d)(ii)(B); or
504 (B) the person is under 18 years of age and has the person's parent or legal guardian
505 provide an affidavit or sworn statement to the court certifying that to the parent or legal
506 guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at least a
507 one-year consecutive period during the suspension period imposed under Subsection
508 (3)(d)(ii)(B).
509 (4) A minor's license shall be suspended under Section 53-3-219 when a court issues
510 an order suspending the minor's driving privileges for a violation of:
511 (a) Section 32B-4-409;
512 (b) Section 32B-4-410;
513 (c) Section 58-37-8;
514 (d) Title 58, Chapter 37a or 37b; or
515 (e) Subsection 76-9-701(1).
516 (5) When the Department of Public Safety receives the arrest or conviction record of a
517 person for a driving offense committed while the person's license is suspended under this
518 section, the Department of Public Safety shall extend the suspension for a like period of time.
Legislative Review Note
as of 2-5-15 5:06 PM
Office of Legislative Research and General Counsel