Representative Sandra Hollins proposes the following substitute bill:


1     
UTAH CRIMINAL AND TRAFFIC CODE AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Sandra Hollins

5     
Senate Sponsor: Luz Escamilla

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the Utah Criminal Code and provisions regarding motor vehicles.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies certain criminal and traffic provisions; and
13          ▸     transfers the provisions of code sections to other portions of the Utah Code and
14     repeals the sections.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          41-6a-1302, as last amended by Laws of Utah 2015, Chapter 412
22          41-6a-1712, as last amended by Laws of Utah 2008, Chapter 22
23          41-12a-303.2, as last amended by Laws of Utah 2015, Chapter 412
24          76-6-902, as last amended by Laws of Utah 2006, Chapter 111
25          76-8-1402, as enacted by Laws of Utah 2004, Chapter 107
26          76-9-702.7, as last amended by Laws of Utah 2004, Chapter 52
27          76-10-104, as last amended by Laws of Utah 2010, Chapter 114
28          76-10-112, as enacted by Laws of Utah 1989, Chapter 193
29     REPEALS:
30          41-6a-1713, as last amended by Laws of Utah 2015, Chapter 412
31          76-6-903, as last amended by Laws of Utah 2013, Chapter 394
32     

33     Be it enacted by the Legislature of the state of Utah:
34          Section 1. Section 41-6a-1302 is amended to read:
35          41-6a-1302. School bus -- Signs and light signals -- Flashing amber lights --
36     Flashing red lights -- Passing school bus -- Duty to stop -- Travel in opposite direction --
37     Penalties.
38          (1) A school bus, when operated for the transportation of school children, shall:
39          (a) bear on the front and rear of the bus a plainly visible sign containing the words
40     "school bus" in letters not less than eight inches in height, which shall be removed or covered
41     when the vehicle is not in use for the transportation of school children; and
42          (b) be equipped with alternating flashing amber and red light signals visible from the
43     front and rear, of a type approved and mounted as required under Section 41-6a-1301 and
44     prescribed by the department under Section 41-6a-1601.
45          (2) A violation of Subsection (1) is an infraction.
46          [(2)] (3) The operator of a vehicle on a highway, upon meeting or overtaking a school
47     bus equipped with signals required under this section which is displaying alternating flashing:
48          (a) amber warning light signals, shall slow the vehicle, but may proceed past the school
49     bus using due care and caution at a speed not greater than specified in Subsection 41-6a-601(2)
50     for school zones for the safety of the school children that may be in the vicinity; or
51          (b) red light signals visible from the front or rear, shall stop immediately before
52     reaching the bus and may not proceed until the flashing red light signals cease operation.
53          (4) (a) A violation of Subsection (3) is a class C misdemeanor and the following
54     minimum fines apply:
55          (i) $100 for a first offense;
56          (ii) $200 for a second offense within three years of a previous conviction or bail
57     forfeiture; and
58          (iii) $500 for a third offense or subsequent offense within three years of a previous
59     conviction or bail forfeiture.
60          (b) The court may order the offender to perform compensatory service in lieu of the
61     fine or any portion of the fine under Subsection (4)(a) if the court makes the reasons for the
62     waiver part of the record.
63          [(3)] (5) The operator of a vehicle need not stop upon meeting or passing a school bus
64     displaying alternating flashing red light signals if the school bus is traveling in the opposite
65     direction when:
66          (a) traveling on a divided highway;
67          (b) the bus is stopped at an intersection or other place controlled by a traffic-control
68     signal or by a peace officer; or
69          (c) on a highway of five or more lanes, which may include a left-turn lane or two-way
70     left turn lane.
71          [(4)] (6) (a) The operator of a school bus shall operate alternating flashing red light
72     signals at all times when:
73          (i) children are unloading from a school bus to cross a highway;
74          (ii) a school bus is stopped for the purpose of loading children who must cross a
75     highway to board the bus; or
76          (iii) it would be hazardous for vehicles to proceed past the stopped school bus.
77          (b) The alternating flashing red light signals may not be operated except:
78          (i) when the school bus is stopped for loading or unloading school children; or
79          (ii) for an emergency purpose.
80          (7) A violation of Subsection (6) is an infraction.
81          [(5) The] (8) (a) An operator of a school bus being operated on a highway [shall] who
82     fails to have the headlights of the school bus lighted is guilty of an infraction and shall be fined
83     $50.
84          (b) The court may order the operator of a school bus who is guilty of an infraction to
85     perform compensatory service in lieu of the fine or any portion of the fine if the court makes
86     the reasons for the waiver part of the record.
87          [(6) (a) A violation of Subsection (2) or (3) is a class C misdemeanor and the minimum
88     fine is:]
89          [(i) $100 for a first offense;]
90          [(ii) $200 for a second offense within three years of a previous conviction or bail
91     forfeiture; and]
92          [(iii) $500 for a third or subsequent offense within three years of a previous conviction
93     or bail forfeiture.]
94          [(b) A violation of Subsection (5) is an infraction and the fine is $50.]
95          [(c) The court may order the person to perform compensatory service in lieu of the fine
96     or any portion of the fine if the court makes the reasons for the waiver part of the record.]
97          [(7) A violation of Subsection (1) or (4) is an infraction.]
98          [(8)] (9) The Driver License Division shall develop and implement a record system to
99     distinguish:
100          (a) a conviction or bail forfeiture under this section from other convictions; and
101          (b) between a first and subsequent conviction or bail forfeiture under this section.
102          Section 2. Section 41-6a-1712 is amended to read:
103          41-6a-1712. Destructive or injurious materials on highways -- Throwing lighted
104     material from moving vehicle -- Enforcement officers.
105          (1) A person may not throw, deposit, or discard, or permit to be dropped, thrown,
106     deposited, or discarded on any public road or highway in the state, whether under state, county,
107     municipal, or federal ownership, any plastic container, glass bottle, glass, nails, tacks, wire,
108     cans, barbed wire, boards, trash or garbage, paper or paper products, or any other substance
109     which would or could:
110          (a) create a safety or health hazard on the public road or highway; or
111          (b) mar or impair the scenic aspect or beauty of the public road or highway.
112          (2) A person who drops, throws, deposits, or discards, or permits to be dropped,
113     thrown, deposited, or discarded, on any public road or highway any destructive, injurious, or
114     unsightly material shall:
115          (a) immediately remove the material or cause it to be removed; and
116          (b) deposit the material in a receptacle designed to receive the material.
117          (3) A person distributing commercial handbills, leaflets, or other advertising shall take
118     whatever measures are reasonably necessary to keep the material from littering public
119     roadways or highways.
120          (4) A person removing a wrecked or damaged vehicle from a public road or highway
121     shall remove any glass or other injurious substance dropped from the vehicle on the road or
122     highway.
123          (5) A person may not throw any lighted material from a moving vehicle.
124          (6) Except as provided in Section 72-7-409, any person transporting loose cargo by
125     truck, trailer, or other motor vehicle shall secure the cargo in a reasonable manner to prevent
126     the cargo from littering or spilling on both public and private property or public roadways.
127          (7) A law enforcement officer as defined in Section 53-13-103, within the law
128     enforcement officer's jurisdiction:
129          (a) shall enforce the provisions of this section;
130          (b) may issue citations to a person who violates any of the provisions of this section;
131     and
132          (c) may serve and execute all warrants, citations, and other process issued by any court
133     in enforcing this section.
134          (8) A municipality within its corporate limits and a county outside of incorporated
135     municipalities may enact local ordinances to carry out the provisions of this section.
136          (9) A violation of Subsection (1), (2), (3), (4), (5), or (6) is an infraction and the
137     offender shall be fined:
138          (a) not less than $200 for a first violation; or
139          (b) not less than $500 for a second or subsequent violation within three years of a
140     previous violation.
141          (10) The sentencing judge may require that the offender devote at least eight hours in
142     cleaning up:
143          (a) litter caused by the offender; and
144          (b) existing litter from a safe area designated by the sentencing judge.
145          Section 3. Section 41-12a-303.2 is amended to read:
146          41-12a-303.2. Evidence of owner's or operator's security to be carried when
147     operating motor vehicle -- Defense -- Penalties.
148          (1) As used in this section:
149          (a) "Division" means the Motor Vehicle Division of the State Tax Commission.
150          (b) "Registration materials" means the evidences of motor vehicle registration,
151     including all registration cards, license plates, temporary permits, and nonresident temporary
152     permits.
153          (2) [(a) (i)] A person operating a motor vehicle shall:
154          [(A)] (a) have in the person's immediate possession evidence of owner's or operator's
155     security for the motor vehicle the person is operating; and
156          [(B)] (b) display [it] evidence of owner's or operator's security upon demand of a peace
157     officer.
158          (3) A violation of Subsection (2) is a class C misdemeanor and the fine shall be not
159     less than:
160          (a) $400 for a first offense; or
161          (b) $1,000 for a second or subsequent offense.
162          [(ii)] (4) A person is exempt from the requirements of Subsection (2)[(a)(i)] if the
163     person is operating:
164          [(A)] (a) a government-owned or leased motor vehicle; or
165          [(B)] (b) an employer-owned or leased motor vehicle and is driving it with the
166     employer's permission.
167          [(b)] (5) Evidence of owner's or operator's security includes any one of the following:
168          [(i)] (a) a copy of the operator's valid:
169          [(A)] (i) insurance policy;
170          [(B)] (ii) insurance policy declaration page;
171          [(C)] (iii) binder notice;
172          [(D)] (iv) renewal notice; or
173          [(E)] (v) card issued by an insurance company as evidence of insurance;
174          [(ii)] (b) a certificate of insurance issued under Section 41-12a-402;
175          [(iii)] (c) a certified copy of a surety bond issued under Section 41-12a-405;
176          [(iv)] (d) a certificate of the state treasurer issued under Section 41-12a-406;
177          [(v)] (e) a certificate of self-funded coverage issued under Section 41-12a-407; or
178          [(vi)] (f) information that the vehicle or driver is insured from the Uninsured Motorist
179     Identification Database Program created under Title 41, Chapter 12a, Part 8, Uninsured
180     Motorist Identification Database Program.
181          [(c)] (6) A card issued by an insurance company as evidence of owner's or operator's
182     security under Subsection [(2)(b)(i)(E)] (5)(a)(v) on or after July 1, 2014, may not display the
183     owner's or operator's address on the card.
184          [(d) (i)] (7) (a) A person may provide to a peace officer evidence of owner's or
185     operator's security described in [this] Subsection [(2)] (5) in:
186          [(A)] (i) a hard copy format; or
187          [(B)] (ii) an electronic format using a mobile electronic device.
188          [(ii)] (b) If a person provides evidence of owner's or operator's security in an electronic
189     format using a mobile electronic device under this Subsection [(2)(d)] (7), the peace officer
190     viewing the owner's or operator's security on the mobile electronic device may not view any
191     other content on the mobile electronic device.
192          [(iii)] (c) Notwithstanding any other provision under this section, a peace officer is not
193     subject to civil liability or criminal penalties under this section if the peace officer inadvertently
194     views content other than the evidence of owner's or operator's security on the mobile electronic
195     device.
196          [(e) (i)] (8) (a) Evidence of owner's or operator's security from the Uninsured Motorist
197     Identification Database Program described under Subsection [(2)(b)(vi)] (5)(f) supercedes any
198     evidence of owner's or operator's security described under Subsection [(2)(b)(i)(D) or (E)]
199     (5)(a)(iv) or (v).
200          [(ii)] (b) A peace officer may not cite or arrest a person for a violation of Subsection
201     (2)[(a)] if the Uninsured Motorist Identification Database Program created under Title 41,
202     Chapter 12a, Part 8, Uninsured Motorist Identification Database Program, information
203     indicates that the vehicle or driver is insured.
204          [(3)] (9) It is an affirmative defense to a charge under this section that the person had
205     owner's or operator's security in effect for the vehicle the person was operating at the time of
206     the person's citation or arrest.
207          [(4)] (10) (a) Evidence of owner's or operator's security as defined under Subsection
208     [(2)(b)] (5) or a written statement from an insurance producer or company verifying that the
209     person had the required motor vehicle insurance coverage on the date specified is considered
210     proof of owner's or operator's security for purposes of Subsection [(3)] (9) and Section
211     41-12a-804.
212          (b) The court considering a citation issued under this section shall allow the evidence
213     or a written statement under Subsection [(4)] (10)(a) and a copy of the citation to be faxed or
214     mailed to the clerk of the court to satisfy Subsection [(3)] (9).
215          (c) The notice under Section 41-12a-804 shall specify that the written statement under
216     Subsection [(4)] (10)(a) and a copy of the notice shall be faxed or mailed to the designated
217     agent to satisfy the proof of owner's or operator's security required under Section 41-12a-804.
218          [(5) A violation of this section is a class C misdemeanor, and the fine shall be not less
219     than:]
220          [(a) $400 for a first offense; and]
221          [(b) $1,000 for a second and subsequent offense within three years of a previous
222     conviction or bail forfeiture.]
223          [(6)] (11) Upon receiving notification from a court of a conviction for a violation of
224     this section, the department:
225          (a) shall suspend the person's driver license; and
226          (b) may not renew the person's driver license or issue a driver license to the person
227     until the person gives the department proof of owner's or operator's security.
228          (i) This proof of owner's or operator's security shall be given by any of the ways
229     required under Section 41-12a-401.
230          (ii) This proof of owner's or operator's security shall be maintained with the department
231     for a three-year period.
232          (iii) An insurer that provides a certificate of insurance as provided under Section
233     41-12a-402 or 41-12a-403 may not terminate the insurance policy unless notice of termination
234     is filed with the department no later than 10 days after termination as required under Section
235     41-12a-404.
236          (iv) If a person who has canceled the certificate of insurance applies for a license
237     within three years from the date proof of owner's or operator's security was originally required,
238     the department shall refuse the application unless the person reestablishes proof of owner's or
239     operator's security and maintains the proof for the remainder of the three-year period.
240          Section 4. Section 76-6-902 is amended to read:
241          76-6-902. Prohibitions.
242          (1) It is unlawful for any person to intentionally alter, remove, injure, or destroy
243     antiquities from state lands or private lands without the landowner's consent, or to counsel,
244     procure, solicit, or employ any other person to do so.
245          (2) (a) A violation of Subsection (1) is a class B misdemeanor, except under
246     Subsection (2)(b).
247          (b) A violation of Subsection (1) is a third degree felony if:
248          (i) the sum of the commercial or archeological value of the antiquities involved and the
249     cost of the restoration and repair of the antiquities involved in the violation exceeds $500; or
250          (ii) the violation is a second or subsequent violation of Subsection (1).
251          (c) A second or subsequent violation of Subsection (1) is a third degree felony.
252          [(2)] (3) It is unlawful to:
253          (a) intentionally reproduce, rework, or forge any antiquities or make any object,
254     whether copies or not, or falsely label, describe, identify, or offer for sale or exchange any
255     object with the intent to represent the object as original and genuine[, nor may any person];
256          (b) offer any object for sale or exchange that was collected or excavated in violation of
257     this [chapter.] part; or
258          (c) counsel, procure, solicit, or employ any other person to act in violation of this
259     Subsection (3).
260          (4) A violation of Subsection (3) is a class B misdemeanor.
261          (5) All articles and material discovered, collected, excavated, or offered for sale or
262     exchange in violation of this section shall be surrendered to the landowner.
263          Section 5. Section 76-8-1402 is amended to read:
264          76-8-1402. Disruption of activities in or near school building -- Failure to leave --
265     Reentry -- Penalties.
266          (1) In the absence of a local ordinance or other controlling law governing the conduct
267     described in this Subsection (1), a person is guilty of an offense under Subsection (2) who,
268     while on a street, sidewalk, or public way adjacent to any school building or ground:
269          (a) by his or her presence or acts, materially disrupts the peaceful conduct of school
270     activities; and
271          (b) remains upon the place under Subsection (1)(a) after being asked to leave by the
272     chief administrator of that school.
273          (2) (a) The first and second violations of Subsection (1) are class B misdemeanors.
274          (b) A third and any subsequent violation of Subsection (1) is a class A misdemeanor.
275          [(2) (a)] (3) A violation of Subsection (1) is subject to the penalties under Subsection
276     (2)[(b)] unless the violation constitutes another offense subject to a greater penalty.
277          [(b) (i) The first and second violation of Subsection (1) are class B misdemeanors.]
278          [(ii) A third and any subsequent violations of Subsection (1) are class A
279     misdemeanors.]
280          Section 6. Section 76-9-702.7 is amended to read:
281          76-9-702.7. Voyeurism offenses -- Penalties.
282          (1) A person is guilty of voyeurism who intentionally uses a camcorder, motion picture
283     camera, photographic camera of any type, or other equipment that is concealed or disguised to
284     secretly or surreptitiously videotape, film, photograph, record, or view by electronic means an
285     individual:
286          (a) for the purpose of viewing any portion of the individual's body regarding which the
287     individual has a reasonable expectation of privacy, whether or not that portion of the body is
288     covered with clothing;
289          (b) without the knowledge or consent of the individual; and
290          (c) under circumstances in which the individual has a reasonable expectation of
291     privacy.
292          (2) (a) A violation of Subsection (1) is a class A misdemeanor, except [that a] under
293     Subsection (2)(b).
294          (b) A violation of Subsection (1) committed against a child under 14 years of age is a
295     third degree felony.
296          (3) [Distribution or sale of] A person may not distribute or sell any images, including
297     in print, electronic, magnetic, or digital format, obtained [under] in violation of Subsection (1),
298     by transmission, display, or dissemination.
299          (4) (a) A violation of Subsection (3) is a third degree felony, except [that if] under
300     Subsection (4)(b).
301          (b) If the violation of [this] Subsection (3) includes images of a child under 14 years of
302     age, the violation is a second degree felony.
303          [(4)] (5) A person is guilty of voyeurism who, under circumstances not amounting to a
304     violation of Subsection (1), views or attempts to view an individual, with or without the use of
305     any instrumentality:
306          (a) with the intent of viewing any portion of the individual's body regarding which the
307     individual has a reasonable expectation of privacy, whether or not that portion of the body is
308     covered with clothing;
309          (b) without the knowledge or consent of the individual; and
310          (c) under circumstances in which the individual has a reasonable expectation of
311     privacy.
312          [(5)] (6) (a) A violation of Subsection [(4)] (5) is a class B misdemeanor, except [that
313     a] under Subsection (6)(b).
314          (b) A violation of Subsection [(4)] (5) committed against a child under 14 years of age
315     is a class A misdemeanor.
316          Section 7. Section 76-10-104 is amended to read:
317          76-10-104. Providing a cigar, cigarette, electronic cigarette, or tobacco to a minor
318     -- Penalties.
319          (1) [Any person who] It is unlawful for a person to knowingly, intentionally,
320     recklessly, or with criminal negligence [provides] provide any cigar, cigarette, electronic
321     cigarette, or tobacco in any form, to any person under 19 years of age[, is guilty of a class C
322     misdemeanor on the first offense, a class B misdemeanor on the second offense, and a class A
323     misdemeanor on subsequent offenses].
324          (2) (a) A first violation of Subsection (1) is a class C misdemeanor.
325          (b) A second violation of Subsection (1) is a class B misdemeanor.
326          (c) A third and any subsequent violation of Subsection (1) is a class A misdemeanor.
327          [(2) For purposes of]
328          (3) As used in this section, "provides":
329          (a) includes selling, giving, furnishing, sending, or causing to be sent; and
330          (b) does not include the acts of the United States Postal Service or other common
331     carrier when engaged in the business of transporting and delivering packages for others or the
332     acts of a person, whether compensated or not, who transports or delivers a package for another
333     person without any reason to know of the package's content.
334          Section 8. Section 76-10-112 is amended to read:
335          76-10-112. Prohibition of distribution of cigarettes or other tobacco products --
336     Exceptions.
337          (1) Except as provided in Subsection [(2)] (3), it is unlawful for a manufacturer,
338     wholesaler, or retailer to give or distribute cigarettes or other tobacco products in this state
339     without charge. [Any person who violates this subsection is guilty of a class C misdemeanor
340     for the first offense and a class B misdemeanor for any subsequent offense.]
341          (2) (a) A violation of Subsection (1) is a class C misdemeanor, except under
342     Subsection (2)(b).
343          (b) A second and any subsequent violation of Subsection (1) is a class B misdemeanor.
344          [(2)] (3) Cigarettes and other tobacco products may be distributed to adults without
345     charge at professional conventions where the general public is excluded.
346          [(3)] (4) The prohibition described in Subsection (1) does not apply to retailers,
347     manufacturers, or distributors who give cigarettes or other tobacco products to persons of legal
348     age upon their purchase of cigarettes or other tobacco products.
349          Section 9. Repealer.
350          This bill repeals:
351          Section 41-6a-1713, Penalty for littering on a highway.
352          Section 76-6-903, Penalties.