1     
INTERLOCK RESTRICTED DRIVER AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Edward H. Redd

5     
Senate Sponsor: Scott K. Jenkins

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions relating to interlock restricted drivers.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines "employer verification";
13          ▸     requires an interlock restricted driver to have written verification of certain
14     information from the driver's employer in the driver's possession while operating the
15     employer's motor vehicle;
16          ▸     requires the Driver License Division to post the ignition interlock restriction on a
17     person's electronic record that is available to law enforcement;
18          ▸     amends the requirements for an affirmative defense to an interlock restricted driver
19     violation;
20          ▸     amends the requirements for the Driver License Division to clear the suspension for
21     an interlock restricted driver violation;
22          ▸     requires the Driver License Division to suspend the driving privileges of an
23     interlock restricted driver in certain circumstances; and
24          ▸     makes technical and conforming changes.
25     Money Appropriated in this Bill:
26          None
27     Other Special Clauses:
28          None
29     Utah Code Sections Affected:
30     AMENDS:
31          41-6a-518, as last amended by Laws of Utah 2015, Chapters 412 and 438
32          41-6a-518.2, as last amended by Laws of Utah 2009, Chapter 390
33          53-3-1007, as last amended by Laws of Utah 2014, Chapter 101
34     

35     Be it enacted by the Legislature of the state of Utah:
36          Section 1. Section 41-6a-518 is amended to read:
37          41-6a-518. Ignition interlock devices -- Use -- Probationer to pay cost --
38     Impecuniosity -- Fee.
39          (1) As used in this section:
40          (a) "Commissioner" means the commissioner of the Department of Public Safety.
41          (b) "Employer verification" means written verification from the employer that:
42          (i) the employer is aware that the employee is an interlock restricted driver;
43          (ii) the vehicle the employee is operating for employment purposes is not made
44     available to the employee for personal use;
45          (iii) the business entity that employs the employee is not entirely or partly owned or
46     controlled by the employee;
47          (iv) the employer's auto insurance company is aware that the employee is an interlock
48     restricted driver; and
49          (v) the employee has been added to the employer's auto insurance policy as an operator
50     of the vehicle.
51          [(b)] (c) "Ignition interlock system" or "system" means a constant monitoring device or
52     any similar device certified by the commissioner that prevents a motor vehicle from being
53     started or continuously operated without first determining the driver's breath alcohol
54     concentration.
55          [(c)] (d) "Probation provider" means the supervisor and monitor of the ignition
56     interlock system required as a condition of probation who contracts with the court in
57     accordance with Subsections 41-6a-507(2) and (3).
58          (2) (a) In addition to any other penalties imposed under Sections 41-6a-503 and
59     41-6a-505, and in addition to any requirements imposed as a condition of probation, the court
60     may require that any person who is convicted of violating Section 41-6a-502 and who is
61     granted probation may not operate a motor vehicle during the period of probation unless that
62     motor vehicle is equipped with a functioning, certified ignition interlock system installed and
63     calibrated so that the motor vehicle will not start or continuously operate if the operator's blood
64     alcohol concentration exceeds a level ordered by the court.
65          (b) If a person convicted of violating Section 41-6a-502 was under the age of 21 when
66     the violation occurred, the court shall order the installation of the ignition interlock system as a
67     condition of probation.
68          (c) (i) If a person is convicted of a violation of Section 41-6a-502 within 10 years of a
69     prior conviction as defined in Subsection 41-6a-501(2), the court shall order the installation of
70     the interlock ignition system, at the person's expense, for all motor vehicles registered to that
71     person and all motor vehicles operated by that person.
72          (ii) A person who operates a motor vehicle without an ignition interlock device as
73     required under this Subsection (2)(c) is in violation of Section 41-6a-518.2.
74          (d) The division shall post the ignition interlock restriction on the electronic record
75     available to law enforcement.
76          (e) This section does not apply to a person convicted of a violation of Section
77     41-6a-502 whose violation involves drugs other than alcohol.
78          (3) If the court imposes the use of an ignition interlock system as a condition of
79     probation, the court shall:
80          (a) stipulate on the record the requirement for and the period of the use of an ignition
81     interlock system;
82          (b) order that an ignition interlock system be installed on each motor vehicle owned or
83     operated by the probationer, at the probationer's expense;
84          (c) immediately notify the Driver License Division and the person's probation provider
85     of the order; and
86          (d) require the probationer to provide proof of compliance with the court's order to the
87     probation provider within 30 days of the order.
88          (4) (a) The probationer shall provide timely proof of installation within 30 days of an
89     order imposing the use of a system or show cause why the order was not complied with to the
90     court or to the probationer's probation provider.
91          (b) The probation provider shall notify the court of failure to comply under Subsection
92     (4)(a).
93          (c) For failure to comply under Subsection (4)(a) or upon receiving the notification
94     under Subsection (4)(b), the court shall order the Driver License Division to suspend the
95     probationer's driving privileges for the remaining period during which the compliance was
96     imposed.
97          (d) Cause for failure to comply means any reason the court finds sufficiently justifiable
98     to excuse the probationer's failure to comply with the court's order.
99          (5) (a) Any probationer required to install an ignition interlock system shall have the
100     system monitored by the manufacturer or dealer of the system for proper use and accuracy at
101     least semiannually and more frequently as the court may order.
102          (b) (i) A report of the monitoring shall be issued by the manufacturer or dealer to the
103     court or the person's probation provider.
104          (ii) The report shall be issued within 14 days following each monitoring.
105          (6) (a) If an ignition interlock system is ordered installed, the probationer shall pay the
106     reasonable costs of leasing or buying and installing and maintaining the system.
107          (b) A probationer may not be excluded from this section for inability to pay the costs,
108     unless:
109          (i) the probationer files an affidavit of impecuniosity; and
110          (ii) the court enters a finding that the probationer is impecunious.
111          (c) In lieu of waiver of the entire amount of the cost, the court may direct the
112     probationer to make partial or installment payments of costs when appropriate.
113          (d) The ignition interlock provider shall cover the costs of waivers by the court under
114     this Subsection (6).
115          (7) (a) If a probationer is required in the course and scope of employment to operate a
116     motor vehicle owned by the probationer's employer, the probationer may operate that motor
117     vehicle without installation of an ignition interlock system only if:
118          (i) the motor vehicle is used in the course and scope of employment;
119          (ii) the employer has been notified that the employee is restricted; and
120          (iii) the employee has [proof of the notification] employer verification in the
121     employee's possession while operating the employer's motor vehicle.
122          (b) (i) To the extent that an employer-owned motor vehicle is made available to a
123     probationer subject to this section for personal use, no exemption under this section shall apply.
124          (ii) A probationer intending to operate an employer-owned motor vehicle for personal
125     use and who is restricted to the operation of a motor vehicle equipped with an ignition interlock
126     system shall notify the employer and obtain consent in writing from the employer to install a
127     system in the employer-owned motor vehicle.
128          (c) A motor vehicle owned by a business entity that is all or partly owned or controlled
129     by a probationer subject to this section is not a motor vehicle owned by the employer and does
130     not qualify for an exemption under this Subsection (7).
131          (8) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
132     the commissioner shall make rules setting standards for the certification of ignition interlock
133     systems.
134          (b) The standards under Subsection (8)(a) shall require that the system:
135          (i) not impede the safe operation of the motor vehicle;
136          (ii) have features that make circumventing difficult and that do not interfere with the
137     normal use of the motor vehicle;
138          (iii) require a deep lung breath sample as a measure of breath alcohol concentration;
139          (iv) prevent the motor vehicle from being started if the driver's breath alcohol
140     concentration exceeds a specified level;
141          (v) work accurately and reliably in an unsupervised environment;
142          (vi) resist tampering and give evidence if tampering is attempted;
143          (vii) operate reliably over the range of motor vehicle environments; and
144          (viii) be manufactured by a party who will provide liability insurance.
145          (c) The commissioner may adopt in whole or in part, the guidelines, rules, studies, or
146     independent laboratory tests relied upon in certification of ignition interlock systems by other
147     states.
148          (d) A list of certified systems shall be published by the commissioner and the cost of
149     certification shall be borne by the manufacturers or dealers of ignition interlock systems
150     seeking to sell, offer for sale, or lease the systems.
151          (e) (i) In accordance with Section 63J-1-504, the commissioner may establish an
152     annual dollar assessment against the manufacturers of ignition interlock systems distributed in
153     the state for the costs incurred in certifying.
154          (ii) The assessment under Subsection (8)(e)(i) shall be apportioned among the
155     manufacturers on a fair and reasonable basis.
156          (f) The commissioner shall require a provider of an ignition interlock system certified
157     in accordance with this section to comply with the requirements of Title 53, Chapter 3, Part 10,
158     Ignition Interlock System Program Act.
159          (9) A violation of this section is a class C misdemeanor.
160          (10) There shall be no liability on the part of, and no cause of action of any nature shall
161     arise against, the state or its employees in connection with the installation, use, operation,
162     maintenance, or supervision of an interlock ignition system as required under this section.
163          Section 2. Section 41-6a-518.2 is amended to read:
164          41-6a-518.2. Interlock restricted driver -- Penalties for operation without ignition
165     interlock system.
166          (1) As used in this section:
167          (a) "[ignition] Ignition interlock system" means a constant monitoring device or any
168     similar device that:
169          (i) is in working order at the time of operation or actual physical control; and
170          (ii) is certified by the Commissioner of Public Safety in accordance with Subsection
171     41-6a-518(8)[; and].
172          (b) (i) "[interlock] Interlock restricted driver" means a person who:
173          (A) has been ordered by a court or the Board of Pardons and Parole as a condition of
174     probation or parole not to operate a motor vehicle without an ignition interlock system;
175          (B) within the last 18 months has been convicted of a driving under the influence
176     violation under Section 41-6a-502 that was committed on or after July 1, 2009;
177          (C) (I) within the last three years has been convicted of an offense that occurred after
178     May 1, 2006 which would be a conviction as defined under Section 41-6a-501; and
179          (II) the offense described under Subsection (1)(b)(i)(C)(I) is committed within 10 years
180     from the date that one or more prior offenses was committed if the prior offense resulted in a
181     conviction as defined in Subsection 41-6a-501(2);
182          (D) within the last three years has been convicted of a violation of this section;
183          (E) within the last three years has had the person's driving privilege revoked for refusal
184     to submit to a chemical test under Section 41-6a-520, which refusal occurred after May 1,
185     2006;
186          (F) within the last three years has been convicted of a violation of Section 41-6a-502
187     and was under the age of 21 at the time the offense was committed;
188          (G) within the last six years has been convicted of a felony violation of Section
189     41-6a-502 for an offense that occurred after May 1, 2006; or
190          (H) within the last 10 years has been convicted of automobile homicide under Section
191     76-5-207 for an offense that occurred after May 1, 2006[; and].
192          (ii) "[interlock] Interlock restricted driver" does not include a person [if]:
193          (A) [the person's] whose conviction described in Subsection (1)(b)(i)(C)(I) is a
194     conviction under Section 41-6a-517; and
195          (B) [all of the person's] whose prior convictions described in Subsection
196     (1)(b)(i)(C)(II) are all convictions under Section 41-6a-517.
197          (2) The division shall post the ignition interlock restriction on a person's electronic
198     record that is available to law enforcement.
199          [(2)] (3) For purposes of this section, a plea of guilty or no contest to a violation of
200     Section 41-6a-502 which plea was held in abeyance under Title 77, Chapter 2a, Pleas in
201     Abeyance, prior to July 1, 2008, is the equivalent of a conviction, even if the charge has been
202     subsequently reduced or dismissed in accordance with the plea in abeyance agreement.
203          [(3)] (4) An interlock restricted driver [that] who operates or is in actual physical
204     control of a vehicle in [this] the state without an ignition interlock system is guilty of a class B
205     misdemeanor.
206          [(4) (a)] (5) It is an affirmative defense to a charge of a violation of Subsection [(3) if:
207     (i) an interlock restricted driver] (4) if:
208          [(A)] (a) the interlock restricted driver operated or was in actual physical control of a
209     vehicle owned by the interlock restricted driver's employer;
210          [(B)] (b) the interlock restricted driver had given written notice to the employer of the
211     interlock restricted driver's interlock restricted status prior to the operation or actual physical
212     control under Subsection [(4)(a)(i); and] (5)(a);
213          [(C)] (c) the interlock restricted driver had on the interlock restricted driver's person, or
214     in the vehicle, at the time of operation or physical control [proof of having given notice to the
215     interlock restricted driver's employer; and] employer verification, as defined in Subsection
216     41-6a-518(1); and
217          [(ii)] (d) the operation or actual physical control [under] described in Subsection
218     [(4)(a)(i)(A)] (5)(a) was in the scope of the [interlock restricted] interlock restricted driver's
219     employment.
220          [(b)] (6) The affirmative defense [under] described in Subsection [(4)(a)] (5) does not
221     apply to:
222          [(i)] (a) an employer-owned motor vehicle that is made available to an interlock
223     restricted driver for personal use; or
224          [(ii)] (b) a motor vehicle owned by a business entity that is [all] entirely or partly
225     owned or controlled by the interlock restricted driver.
226          Section 3. Section 53-3-1007 is amended to read:
227          53-3-1007. Ignition interlock system provider -- Notification to the division upon
228     installation or removal of an ignition interlock system -- License suspension or revocation
229     for failure to install or remove.
230          (1) An ignition interlock system provider who installs an ignition interlock system on a
231     person's vehicle shall:
232          (a) provide proof of installation to the person; and
233          (b) electronically notify the division of installation of an ignition interlock system on
234     the person's vehicle.
235          (2) An ignition interlock system provider shall electronically notify the division if a
236     person has removed an ignition interlock system from the person's vehicle.
237          (3) If an individual is an interlock restricted driver, the division shall:
238          (a) suspend the person's driving privilege for the duration of the restriction period as
239     defined in Section 41-6a-518.2; and
240          (b) notify the person of the suspension period in place and the requirements for
241     reinstatement of the driving privilege with respect to the ignition interlock restriction
242     suspension[; and].
243          [(c)] (4) The division shall clear [the] a suspension described in Subsection (3) upon:
244          [(i)] (a) receipt of payment of the fee or fees [specified in] required under Section
245     53-3-105; and
246          [(ii) (A)] (b) (i) receipt of electronic notification from an ignition interlock system
247     provider showing proof of the installation of an ignition interlock system on the person's
248     vehicle or the vehicle the person will be operating; [or]
249          (ii) if the person does not own a vehicle or will not be operating a vehicle owned by
250     another individual:
251          [(B) electronically verifying]
252          (A) electronic verification that the person does not have a vehicle registered in the
253     person's name in the state [of Utah.]; and
254          (B) receipt of employer verification, as defined in Subsection 41-6a-518(1); or
255          (iii) if the person is not a resident of Utah, electronic verification that the person is
256     licensed in the person's state of residence or is in the process of obtaining a license in the
257     person's state of residence.
258          (5) If Subsection (4)(b)(ii) applies, the division shall every six months:
259          (a) electronically verify the person does not have a vehicle registered in the person's
260     name in the state; and
261          (b) require the person to provide updated documentation described in Subsection
262     (4)(b)(ii).
263          (6) If the person described in Subsection (5) does not provide the required
264     documentation described in Subsection (4)(b)(ii), the division shall suspend the person's
265     driving privilege until:
266          (a) the division receives payment of the fee or fees required under Section 53-3-105;
267     and
268          (b) (i) the division:
269          (A) receives electronic notification from an ignition interlock system provider showing
270     proof of the installation of an ignition interlock system on the person's vehicle or the vehicle
271     the person will be operating; or
272          (B) if the person does not own a vehicle or will not be operating a vehicle owned by
273     another individual, receives electronic verification that the person does not have a vehicle
274     registered in the person's name in the state, and receives employer verification, as defined in
275     Subsection 41-6a-518(1); or
276          (ii) if the person is not a resident of Utah, electronic verification that the person is
277     licensed in the person's state of residence or is in the process of obtaining a license in the
278     person's state of residence.
279          [(4)] (7) By following the procedures in Title 63G, Chapter 4, Administrative
280     Procedures Act, the division shall suspend the license of any person without receiving a record
281     of the person's conviction of crime seven days after receiving electronic notification from an
282     ignition interlock system provider that a person has removed an ignition interlock system from
283     the person's vehicle or a vehicle owned by another individual and operated by the person if the
284     person is an interlock restricted driver until:
285          (a) the division[: (i)] receives payment of the fee or fees specified in Section 53-3-105;
286     and
287          [(ii)] (b) (i) (A) the division receives electronic notification from an ignition interlock
288     system provider showing new proof of the installation of an ignition interlock system on the
289     person's vehicle or the vehicle the person will be operating; or
290          [(B) electronically verifies]
291          (B) if the person does not own a vehicle or will not be operating a vehicle owned by
292     another individual, the division receives electronic verification that the person does not have a
293     vehicle registered in the person's name in the state [of Utah; or], and receives employer
294     verification, as defined in Subsection 41-6a-518(1);
295          (ii) if the person is not a resident of Utah, the division receives electronic verification
296     that the person is licensed in the person's state of residence or is in the process of obtaining a
297     license in the person's state of residence; or
298          [(b)] (iii) the person's interlock restricted period has expired.
299          [(5)] (8) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
300     Act, the division shall make rules establishing:
301          (a) procedures for certification and regulation of ignition interlock system providers;
302          (b) acceptable documentation for proof of the installation of an ignition interlock
303     device;
304          (c) procedures for an ignition interlock system provider to electronically notify the
305     division; and
306          (d) policies and procedures for the administration of the ignition interlock system
307     program created under this section.