1     
DRIVER LICENSE AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Rich Cunningham

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to a driver license suspension for driving under the
10     influence of alcohol.
11     Highlighted Provisions:
12          This bill:
13          ▸     allows a person with a suspended driver license to elect to become an interlock
14     restricted driver under certain circumstances;
15          ▸     repeals certain provisions related to driving with a controlled substance in the body;
16     and
17          ▸     makes technical changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          17-43-201, as last amended by Laws of Utah 2014, Chapter 213
25          24-4-102, as enacted by Laws of Utah 2013, Chapter 394
26          41-6a-501, as last amended by Laws of Utah 2010, Chapter 283
27          41-6a-507, as enacted by Laws of Utah 2005, Chapter 2

28          41-6a-518, as last amended by Laws of Utah 2015, Chapters 412 and 438
29          41-6a-518.2, as last amended by Laws of Utah 2009, Chapter 390
30          41-6a-520, as last amended by Laws of Utah 2006, Chapter 341
31          41-6a-521, as last amended by Laws of Utah 2011, Chapter 312
32          41-6a-525, as renumbered and amended by Laws of Utah 2005, Chapter 2
33          41-6a-527, as last amended by Laws of Utah 2013, Chapter 394
34          41-6a-606, as last amended by Laws of Utah 2006, Chapter 168
35          53-3-220, as last amended by Laws of Utah 2015, Chapter 165
36          53-3-223, as last amended by Laws of Utah 2014, Chapter 7
37          53-3-227, as last amended by Laws of Utah 2008, Chapter 250
38          53-3-231, as last amended by Laws of Utah 2014, Chapter 7
39          62A-15-502, as last amended by Laws of Utah 2005, Chapter 2
40          76-5-303, as repealed and reenacted by Laws of Utah 2010, Chapter 374
41     REPEALS:
42          41-6a-517, as last amended by Laws of Utah 2013, Chapter 333
43     

44     Be it enacted by the Legislature of the state of Utah:
45          Section 1. Section 17-43-201 is amended to read:
46          17-43-201. Local substance abuse authorities -- Responsibilities.
47          (1) (a) (i) In each county operating under a county executive-council form of
48     government under Section 17-52-504, the county legislative body is the local substance abuse
49     authority, provided however that any contract for plan services shall be administered by the
50     county executive.
51          (ii) In each county operating under a council-manager form of government under
52     Section 17-52-505, the county manager is the local substance abuse authority.
53          (iii) In each county other than a county described in Subsection (1)(a)(i) or (ii), the
54     county legislative body is the local substance abuse authority.
55          (b) Within legislative appropriations and county matching funds required by this
56     section, and under the direction of the division, each local substance abuse authority shall:
57          (i) develop substance abuse prevention and treatment services plans;
58          (ii) provide substance abuse services to residents of the county; and

59          (iii) cooperate with efforts of the Division of Substance Abuse and Mental Health to
60     promote integrated programs that address an individual's substance abuse, mental health, and
61     physical healthcare needs, as described in Section 62A-15-103.
62          (c) Within legislative appropriations and county matching funds required by this
63     section, each local substance abuse authority shall cooperate with the efforts of the Department
64     of Human Services to promote a system of care, as defined in Section 62A-1-104, for minors
65     with or at risk for complex emotional and behavioral needs, as described in Section 62A-1-111.
66          (2) (a) By executing an interlocal agreement under Title 11, Chapter 13, Interlocal
67     Cooperation Act, two or more counties may join to provide substance abuse prevention and
68     treatment services.
69          (b) The legislative bodies of counties joining to provide services may establish
70     acceptable ways of apportioning the cost of substance abuse services.
71          (c) Each agreement for joint substance abuse services shall:
72          (i) (A) designate the treasurer of one of the participating counties or another person as
73     the treasurer for the combined substance abuse authorities and as the custodian of money
74     available for the joint services; and
75          (B) provide that the designated treasurer, or other disbursing officer authorized by the
76     treasurer, may make payments from the money for the joint services upon audit of the
77     appropriate auditing officer or officers representing the participating counties;
78          (ii) provide for the appointment of an independent auditor or a county auditor of one of
79     the participating counties as the designated auditing officer for the combined substance abuse
80     authorities;
81          (iii) (A) provide for the appointment of the county or district attorney of one of the
82     participating counties as the designated legal officer for the combined substance abuse
83     authorities; and
84          (B) authorize the designated legal officer to request and receive the assistance of the
85     county or district attorneys of the other participating counties in defending or prosecuting
86     actions within their counties relating to the combined substance abuse authorities; and
87          (iv) provide for the adoption of management, clinical, financial, procurement,
88     personnel, and administrative policies as already established by one of the participating
89     counties or as approved by the legislative body of each participating county or interlocal board.

90          (d) An agreement for joint substance abuse services may provide for joint operation of
91     services and facilities or for operation of services and facilities under contract by one
92     participating local substance abuse authority for other participating local substance abuse
93     authorities.
94          (3) (a) Each local substance abuse authority is accountable to the department, the
95     Department of Health, and the state with regard to the use of state and federal funds received
96     from those departments for substance abuse services, regardless of whether the services are
97     provided by a private contract provider.
98          (b) Each local substance abuse authority shall comply, and require compliance by its
99     contract provider, with all directives issued by the department and the Department of Health
100     regarding the use and expenditure of state and federal funds received from those departments
101     for the purpose of providing substance abuse programs and services. The department and
102     Department of Health shall ensure that those directives are not duplicative or conflicting, and
103     shall consult and coordinate with local substance abuse authorities with regard to programs and
104     services.
105          (4) Each local substance abuse authority shall:
106          (a) review and evaluate substance abuse prevention and treatment needs and services,
107     including substance abuse needs and services for individuals incarcerated in a county jail or
108     other county correctional facility;
109          (b) annually prepare and submit to the division a plan approved by the county
110     legislative body for funding and service delivery that includes:
111          (i) provisions for services, either directly by the substance abuse authority or by
112     contract, for adults, youth, and children, including those incarcerated in a county jail or other
113     county correctional facility; and
114          (ii) primary prevention, targeted prevention, early intervention, and treatment services;
115          (c) establish and maintain, either directly or by contract, programs licensed under Title
116     62A, Chapter 2, Licensure of Programs and Facilities;
117          (d) appoint directly or by contract a full or part time director for substance abuse
118     programs, and prescribe the director's duties;
119          (e) provide input and comment on new and revised rules established by the division;
120          (f) establish and require contract providers to establish administrative, clinical,

121     procurement, personnel, financial, and management policies regarding substance abuse services
122     and facilities, in accordance with the rules of the division, and state and federal law;
123          (g) establish mechanisms allowing for direct citizen input;
124          (h) annually contract with the division to provide substance abuse programs and
125     services in accordance with the provisions of Title 62A, Chapter 15, Substance Abuse and
126     Mental Health Act;
127          (i) comply with all applicable state and federal statutes, policies, audit requirements,
128     contract requirements, and any directives resulting from those audits and contract requirements;
129          (j) promote or establish programs for the prevention of substance abuse within the
130     community setting through community-based prevention programs;
131          (k) provide funding equal to at least 20% of the state funds that it receives to fund
132     services described in the plan;
133          (l) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
134     Cooperation Act, Title 17B, Chapter 1, Part 6, Fiscal Procedures for Local Districts, and Title
135     51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and
136     Other Local Entities Act;
137          (m) for persons convicted of driving under the influence in violation of Section
138     41-6a-502 [or 41-6a-517], conduct the following as defined in Section 41-6a-501:
139          (i) a screening;
140          (ii) an assessment;
141          (iii) an educational series; and
142          (iv) substance abuse treatment; and
143          (n) utilize proceeds of the accounts described in Subsection 62A-15-503(1) to
144     supplement the cost of providing the services described in Subsection (4)(m).
145          (5) Before disbursing any public funds, each local substance abuse authority shall
146     require that each entity that receives any public funds from the local substance abuse authority
147     agrees in writing that:
148          (a) the entity's financial records and other records relevant to the entity's performance
149     of the services provided to the local substance abuse authority shall be subject to examination
150     by:
151          (i) the division;

152          (ii) the local substance abuse authority director;
153          (iii) (A) the county treasurer and county or district attorney; or
154          (B) if two or more counties jointly provide substance abuse services under an
155     agreement under Subsection (2), the designated treasurer and the designated legal officer;
156          (iv) the county legislative body; and
157          (v) in a county with a county executive that is separate from the county legislative
158     body, the county executive;
159          (b) the county auditor may examine and audit the entity's financial and other records
160     relevant to the entity's performance of the services provided to the local substance abuse
161     authority; and
162          (c) the entity will comply with the provisions of Subsection (3)(b).
163          (6) A local substance abuse authority may receive property, grants, gifts, supplies,
164     materials, contributions, and any benefit derived therefrom, for substance abuse services. If
165     those gifts are conditioned upon their use for a specified service or program, they shall be so
166     used.
167          (7) (a) As used in this section, "public funds" means the same as that term is defined in
168     Section 17-43-203.
169          (b) Public funds received for the provision of services pursuant to the local substance
170     abuse plan may not be used for any other purpose except those authorized in the contract
171     between the local substance abuse authority and the provider for the provision of plan services.
172          (8) Subject to the requirements of the federal Substance Abuse Prevention and
173     Treatment Block Grant, Public Law 102-321, a local substance abuse authority shall ensure
174     that all substance abuse treatment programs that receive public funds:
175          (a) accept and provide priority for admission to a pregnant woman or a pregnant minor;
176     and
177          (b) if admission of a pregnant woman or a pregnant minor is not possible within 24
178     hours of the time that a request for admission is made, provide a comprehensive referral for
179     interim services that:
180          (i) are accessible to the pregnant woman or pregnant minor;
181          (ii) are best suited to provide services to the pregnant woman or pregnant minor;
182          (iii) may include:

183          (A) counseling;
184          (B) case management; or
185          (C) a support group; and
186          (iv) shall include a referral for:
187          (A) prenatal care; and
188          (B) counseling on the effects of alcohol and drug use during pregnancy.
189          (9) If a substance abuse treatment program described in Subsection (8) is not able to
190     accept and admit a pregnant woman or pregnant minor under Subsection (8) within 48 hours of
191     the time that request for admission is made, the local substance abuse authority shall contact
192     the Division of Substance Abuse and Mental Health for assistance in providing services to the
193     pregnant woman or pregnant minor.
194          Section 2. Section 24-4-102 is amended to read:
195          24-4-102. Property subject to forfeiture.
196          (1) Except as provided in Subsection (3), all property that has been used to facilitate
197     the commission of a federal or state offense and any proceeds of criminal activity may be
198     forfeited under this chapter, including:
199          (a) real property, including things growing on, affixed to, and found in land; and
200          (b) tangible and intangible personal property, including money, rights, privileges,
201     interests, claims, and securities of any kind.
202          (2) If the property is used to facilitate a violation of Section 76-10-1204, 76-10-1205,
203     76-10-1206, or 76-10-1222, the property subject to forfeiture under this section is limited to
204     property, the seizure or forfeiture of which would not constitute a prior restraint on the exercise
205     of an affected party's rights under the First Amendment to the Constitution of the United States
206     or Utah Constitution, Article I, Section 15, or would not otherwise unlawfully interfere with the
207     exercise of those rights.
208          (3) A motor vehicle used in a violation of Section 41-6a-502, [41-6a-517,] a local
209     ordinance that complies with the requirements of Subsection 41-6a-510(1), Subsection
210     58-37-8(2)(g), or Section 76-5-207 may not be forfeited unless:
211          (a) the operator of the vehicle has previously been convicted of a violation, committed
212     after May 12, 2009, of:
213          (i) a felony driving under the influence violation under Section 41-6a-502;

214          (ii) a felony violation under Subsection 58-37-8(2)(g); or
215          (iii) automobile homicide under Section 76-5-207; or
216          (b) the operator of the vehicle was driving on a denied, suspended, revoked, or
217     disqualified license; and
218          (i) the denial, suspension, revocation, or disqualification under Subsection (3)(b)(ii)
219     was imposed because of a violation under:
220          (A) Section 41-6a-502;
221          [(B) Section 41-6a-517;]
222          [(C)] (B) a local ordinance that complies with the requirements of Subsection
223     41-6a-510(1);
224          [(D)] (C) Section 41-6a-520;
225          [(E)] (D) Subsection 58-37-8(2)(g);
226          [(F)] (E) Section 76-5-207; or
227          [(G)] (F) a criminal prohibition that the person was charged with violating as a result of
228     a plea bargain after having been originally charged with violating one or more of the sections
229     or ordinances described in Subsections (3)(b)(i)(A) through [(F)] (E); or
230          (ii) the denial, suspension, revocation, or disqualification described in Subsections
231     (3)(b)(i)(A) through [(G)] (F):
232          (A) is an extension imposed under Subsection 53-3-220(2) of a denial, suspension,
233     revocation, or disqualification; and
234          (B) the original denial, suspension, revocation, or disqualification was imposed
235     because of a violation described in Subsections (3)(b)(i)(A) through [(G)] (F).
236          Section 3. Section 41-6a-501 is amended to read:
237          41-6a-501. Definitions.
238          (1) As used in this part:
239          (a) "Assessment" means an in-depth clinical interview with a licensed mental health
240     therapist:
241          (i) used to determine if a person is in need of:
242          (A) substance abuse treatment that is obtained at a substance abuse program;
243          (B) an educational series; or
244          (C) a combination of Subsections (1)(a)(i)(A) and (B); and

245          (ii) that is approved by the Division of Substance Abuse and Mental Health in
246     accordance with Section 62A-15-105.
247          (b) "Driving under the influence court" means a court that is approved as a driving
248     under the influence court by the Utah Judicial Council according to standards established by
249     the Judicial Council.
250          (c) "Drug" or "drugs" means:
251          (i) a controlled substance as defined in Section 58-37-2;
252          (ii) a drug as defined in Section 58-17b-102; or
253          (iii) any substance that, when knowingly, intentionally, or recklessly taken into the
254     human body, can impair the ability of a person to safely operate a motor vehicle.
255          (d) "Educational series" means an educational series obtained at a substance abuse
256     program that is approved by the Division of Substance Abuse and Mental Health in accordance
257     with Section 62A-15-105.
258          (e) "Negligence" means simple negligence, the failure to exercise that degree of care
259     that an ordinarily reasonable and prudent person exercises under like or similar circumstances.
260          (f) "Screening" means a preliminary appraisal of a person:
261          (i) used to determine if the person is in need of:
262          (A) an assessment; or
263          (B) an educational series; and
264          (ii) that is approved by the Division of Substance Abuse and Mental Health in
265     accordance with Section 62A-15-105.
266          (g) "Serious bodily injury" means bodily injury that creates or causes:
267          (i) serious permanent disfigurement;
268          (ii) protracted loss or impairment of the function of any bodily member or organ; or
269          (iii) a substantial risk of death.
270          (h) "Substance abuse treatment" means treatment obtained at a substance abuse
271     program that is approved by the Division of Substance Abuse and Mental Health in accordance
272     with Section 62A-15-105.
273          (i) "Substance abuse treatment program" means a state licensed substance abuse
274     program.
275          (j) (i) "Vehicle" or "motor vehicle" means a vehicle or motor vehicle as defined in

276     Section 41-6a-102; and
277          (ii) "Vehicle" or "motor vehicle" includes:
278          (A) an off-highway vehicle as defined under Section 41-22-2; and
279          (B) a motorboat as defined in Section 73-18-2.
280          (2) As used in Section 41-6a-503:
281          (a) "Conviction" means any conviction arising from a separate episode of driving for a
282     violation of:
283          (i) driving under the influence under Section 41-6a-502;
284          (ii) (A) for an offense committed before July 1, 2008, alcohol, any drug, or a
285     combination of both-related reckless driving under:
286          (I) Section 41-6a-512; and
287          (II) Section 41-6a-528; or
288          (B) for an offense committed on or after July 1, 2008, impaired driving under Section
289     41-6a-502.5;
290          [(iii) driving with any measurable controlled substance that is taken illegally in the
291     body under Section 41-6a-517;]
292          [(iv)] (iii) local ordinances similar to Section 41-6a-502, alcohol, any drug, or a
293     combination of both-related reckless driving, or impaired driving under Section 41-6a-502.5
294     adopted in compliance with Section 41-6a-510;
295          [(v)] (iv) automobile homicide under Section 76-5-207;
296          [(vi)] (v) Subsection 58-37-8(2)(g);
297          [(vii)] (vi) a violation described in Subsections (2)(a)(i) through [(vi)] (v), which
298     judgment of conviction is reduced under Section 76-3-402; or
299          [(viii)] (vii) statutes or ordinances previously in effect in this state or in effect in any
300     other state, the United States, or any district, possession, or territory of the United States which
301     would constitute a violation of Section 41-6a-502 or alcohol, any drug, or a combination of
302     both-related reckless driving if committed in this state, including punishments administered
303     under 10 U.S.C. Sec. 815.
304          (b) A plea of guilty or no contest to a violation described in Subsections (2)(a)(i)
305     through [(viii)] (vii) which plea was held in abeyance under Title 77, Chapter 2a, Pleas in
306     Abeyance, prior to July 1, 2008, is the equivalent of a conviction, even if the charge has been

307     subsequently reduced or dismissed in accordance with the plea in abeyance agreement, for
308     purposes of:
309          (i) enhancement of penalties under:
310          (A) this Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving; and
311          (B) automobile homicide under Section 76-5-207; and
312          (ii) expungement under Title 77, Chapter 40, Utah Expungement Act.
313          Section 4. Section 41-6a-507 is amended to read:
314          41-6a-507. Supervised probation for certain driving under the influence
315     violations.
316          (1) If supervised probation is ordered under Section 41-6a-505 [or 41-6a-517]:
317          (a) the court shall specify the period of the probation;
318          (b) the person shall pay all of the costs of the probation; and
319          (c) the court may order any other conditions of the probation.
320          (2) The court shall provide the probation described in this section by contract with a
321     probation monitoring agency or a private probation provider.
322          (3) The probation provider described in Subsection (2) shall monitor the person's
323     compliance with all conditions of the person's sentence, conditions of probation, and court
324     orders received under this part and shall notify the court of any failure to comply with or
325     complete that sentence or those conditions or orders.
326          (4) (a) The court may waive all or part of the costs associated with probation if the
327     person is determined to be indigent by the court.
328          (b) The probation provider described in Subsection (2) shall cover the costs of waivers
329     by the court under Subsection (4)(a).
330          Section 5. Section 41-6a-518 is amended to read:
331          41-6a-518. Ignition interlock devices -- Use -- Probationer to pay cost --
332     Impecuniosity -- Fee.
333          (1) As used in this section:
334          (a) "Commissioner" means the commissioner of the Department of Public Safety.
335          (b) "Ignition interlock system" or "system" means a constant monitoring device or any
336     similar device certified by the commissioner that prevents a motor vehicle from being started
337     or continuously operated without first determining the driver's breath alcohol concentration.

338          [(c) "Probation provider" means the supervisor and monitor of the ignition interlock
339     system required as a condition of probation who contracts with the court in accordance with
340     Subsections 41-6a-507(2) and (3).]
341          (c) "Probation provider" means a person who contracts with the court in accordance
342     with Subsections 41-6a-507(2) and (3) to supervise and monitor an ignition interlock system
343     that is:
344          (i) required as a condition of probation; or
345          (ii) installed in lieu of a suspension of the driver license under Subsection 53-3-223(7).
346          (2) (a) In addition to any other penalties imposed under Sections 41-6a-503 and
347     41-6a-505, and in addition to any requirements imposed as a condition of probation, the court
348     may require that any person who is convicted of violating Section 41-6a-502 and who is
349     granted probation may not operate a motor vehicle during the period of probation unless that
350     motor vehicle is equipped with a functioning, certified ignition interlock system installed and
351     calibrated so that the motor vehicle will not start or continuously operate if the operator's blood
352     alcohol concentration exceeds a level ordered by the court.
353          (b) If a person convicted of violating Section 41-6a-502 was under the age of 21 when
354     the violation occurred, the court shall order the installation of the ignition interlock system as a
355     condition of probation.
356          (c) (i) If a person is convicted of a violation of Section 41-6a-502 within 10 years of a
357     prior conviction as defined in Subsection 41-6a-501(2), the court shall order the installation of
358     the interlock ignition system, at the person's expense, for all motor vehicles registered to that
359     person and all motor vehicles operated by that person.
360          (ii) A person who operates a motor vehicle without an ignition interlock device as
361     required under this Subsection (2)(c) is in violation of Section 41-6a-518.2.
362          (d) The division shall post the ignition interlock restriction on the electronic record
363     available to law enforcement.
364          (e) This section does not apply to a person convicted of a violation of Section
365     41-6a-502 whose violation involves drugs other than alcohol.
366          (3) If the court imposes the use of an ignition interlock system as a condition of
367     probation, the court shall:
368          (a) stipulate on the record the requirement for and the period of the use of an ignition

369     interlock system;
370          (b) order that an ignition interlock system be installed on each motor vehicle owned or
371     operated by the probationer, at the probationer's expense;
372          (c) immediately notify the Driver License Division and the person's probation provider
373     of the order; and
374          (d) require the probationer to provide proof of compliance with the court's order to the
375     probation provider within 30 days of the order.
376          (4) (a) The probationer shall provide timely proof of installation within 30 days of an
377     order imposing the use of a system or show cause why the order was not complied with to the
378     court or to the probationer's probation provider.
379          (b) The probation provider shall notify the court of failure to comply under Subsection
380     (4)(a).
381          (c) For failure to comply under Subsection (4)(a) or upon receiving the notification
382     under Subsection (4)(b), the court shall order the Driver License Division to suspend the
383     probationer's driving privileges for the remaining period during which the compliance was
384     imposed.
385          (d) Cause for failure to comply means any reason that the court finds sufficiently
386     justifiable to excuse the probationer's failure to comply with the court's order.
387          (5) (a) Any probationer required to install an ignition interlock system shall have the
388     system monitored by the manufacturer or dealer of the system for proper use and accuracy at
389     least semiannually and more frequently as the court may order.
390          (b) [(i) A report of the monitoring shall be issued by the manufacturer or dealer] The
391     monitoring manufacturer or dealer shall provide each report to the court or the person's
392     probation provider[. (ii) The report shall be issued] within 14 days following each monitoring.
393          (6) (a) [If] Except as provided in Subsection (6)(b), if an ignition interlock system is
394     ordered installed, the probationer shall pay the reasonable costs of leasing or buying and
395     installing and maintaining the system.
396          (b) A probationer [may not be excluded from this section for inability to] need not pay
397     the costs[, unless] under Subsection (6)(a) if:
398          (i) the probationer files an affidavit of impecuniosity; and
399          (ii) the court enters a finding that the probationer is impecunious.

400          (c) In lieu of waiver of the entire amount of the cost, the court may direct the
401     probationer to make partial or installment payments of costs when appropriate.
402          (d) The ignition interlock provider shall cover the costs of waivers by the court under
403     this Subsection (6).
404          (7) (a) [If] Except as provided in Subsection (7)(b), if a probationer is required in the
405     course and scope of employment to operate a motor vehicle owned by the probationer's
406     employer, the probationer may operate that motor vehicle without installation of an ignition
407     interlock system only if:
408          (i) the motor vehicle is used in the course and scope of employment;
409          (ii) the employer has been notified that the employee is restricted; and
410          (iii) the employee has proof of the notification in the employee's possession while
411     operating the employer's motor vehicle.
412          (b) (i) To the extent that an employer-owned motor vehicle is made available to a
413     probationer subject to this section for personal use, [no] the exemption [under this section
414     shall] does not apply.
415          (ii) A probationer intending to operate an employer-owned motor vehicle for personal
416     use and who is restricted to the operation of a motor vehicle equipped with an ignition interlock
417     system shall notify the employer and obtain consent in writing from the employer to install a
418     system in the employer-owned motor vehicle.
419          (c) A motor vehicle owned by a business entity that is all or partly owned or controlled
420     by a probationer subject to this section is not a motor vehicle owned by the employer and does
421     not qualify for an exemption under this Subsection (7).
422          (8) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
423     the commissioner shall make rules setting standards for the certification of ignition interlock
424     systems.
425          (b) The commissioner shall ensure that the standards established under Subsection
426     (8)(a) [shall] require that the system:
427          (i) not impede the safe operation of the motor vehicle;
428          (ii) have features that make circumventing difficult and that do not interfere with the
429     normal use of the motor vehicle;
430          (iii) require a deep lung breath sample as a measure of breath alcohol concentration;

431          (iv) prevent the motor vehicle from being started if the driver's breath alcohol
432     concentration exceeds a specified level;
433          (v) work accurately and reliably in an unsupervised environment;
434          (vi) resist tampering and give evidence if tampering is attempted;
435          (vii) operate reliably over the range of motor vehicle environments; and
436          (viii) be manufactured by a party who will provide liability insurance.
437          (c) The commissioner may adopt in whole or in part, the guidelines, rules, studies, or
438     independent laboratory tests relied upon in certification of ignition interlock systems by other
439     states.
440          (d) [A] The commissioner shall publish a list of certified systems [shall be published
441     by the commissioner] and charge the cost of certification [shall be borne by] to the
442     manufacturers or dealers of ignition interlock systems seeking to sell, offer for sale, or lease the
443     systems.
444          (e) (i) In accordance with Section 63J-1-504, the commissioner may establish an
445     annual dollar assessment against the manufacturers of ignition interlock systems distributed in
446     the state for the costs incurred in certifying.
447          (ii) The commissioner shall ensure that the assessment under Subsection (8)(e)(i) [shall
448     be] is apportioned among the manufacturers on a fair and reasonable basis.
449          (f) The commissioner shall require a provider of an ignition interlock system certified
450     in accordance with this section to comply with the requirements of Title 53, Chapter 3, Part 10,
451     Ignition Interlock System Program Act.
452          (9) A violation of this section is a class C misdemeanor.
453          (10) There shall be no liability on the part of, and no cause of action of any nature shall
454     arise against, the state or its employees in connection with the installation, use, operation,
455     maintenance, or supervision of an interlock ignition system as required under this section.
456          Section 6. Section 41-6a-518.2 is amended to read:
457          41-6a-518.2. Interlock restricted driver -- Penalties for operation without ignition
458     interlock system.
459          (1) As used in this section:
460          (a) "Ignition interlock system" means a constant monitoring device or any similar
461     device that:

462          (i) is in working order at the time of operation or actual physical control; and
463          (ii) is certified by the Commissioner of Public Safety in accordance with Subsection
464     41-6a-518(8); and
465          (b) [(i)] "Interlock restricted driver" means a person who:
466          [(A)] (i) has been ordered by a court or the Board of Pardons and Parole as a condition
467     of probation or parole not to operate a motor vehicle without an ignition interlock system;
468          [(B)] (ii) within the last 18 months has been convicted of a driving under the influence
469     violation under Section 41-6a-502 that was committed on or after July 1, 2009;
470          [(C) (I)] (iii) within the last three years has been convicted of an offense that occurred
471     after May 1, 2006 which would be a conviction as defined under Section 41-6a-501[; and (II)],
472     and the offense described [under Subsection (1)(b)(i)(C)(I)] is committed within 10 years from
473     the date that one or more prior offenses was committed if the prior offense resulted in a
474     conviction as defined in Subsection 41-6a-501(2);
475          [(D)] (iv) within the last three years has been convicted of a violation of this section;
476          [(E)] (v) within the last three years has had the person's driving privilege revoked for
477     refusal to submit to a chemical test under Section 41-6a-520, which refusal occurred after May
478     1, 2006;
479          [(F)] (vi) within the last three years has been convicted of a violation of Section
480     41-6a-502 and was under the age of 21 at the time the offense was committed;
481          [(G)] (vii) within the last six years has been convicted of a felony violation of Section
482     41-6a-502 for an offense that occurred after May 1, 2006; [or]
483          [(H)] (viii) within the last 10 years has been convicted of automobile homicide under
484     Section 76-5-207 for an offense that occurred after May 1, 2006; [and] or
485          (ix) has elected to become an interlock restricted driver in accordance with Subsection
486     53-3-223(7) in lieu of receiving a license suspension.
487          [(ii) "interlock restricted driver" does not include a person if:]
488          [(A) the person's conviction described in Subsection (1)(b)(i)(C)(I) is a conviction
489     under Section 41-6a-517; and]
490          [(B) all of the person's prior convictions described in Subsection (1)(b)(i)(C)(II) are
491     convictions under Section 41-6a-517.]
492          (2) For purposes of this section, a plea of guilty or no contest to a violation of Section

493     41-6a-502 which plea was held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance,
494     prior to July 1, 2008, is the equivalent of a conviction, even if the charge has been subsequently
495     reduced or dismissed in accordance with the plea in abeyance agreement.
496          (3) An interlock restricted driver that operates or is in actual physical control of a
497     vehicle in this state without an ignition interlock system is guilty of a class B misdemeanor.
498          (4) (a) It is an affirmative defense to a charge of a violation of Subsection (3) if:
499          (i) an interlock restricted driver:
500          (A) operated or was in actual physical control of a vehicle owned by the interlock
501     restricted driver's employer;
502          (B) had given written notice to the employer of the interlock restricted driver's
503     interlock restricted status prior to the operation or actual physical control under Subsection
504     (4)(a)(i); and
505          (C) had on the interlock restricted driver's person or in the vehicle at the time of
506     operation or physical control proof of having given notice to the interlock restricted driver's
507     employer; and
508          (ii) the operation or actual physical control under Subsection (4)(a)(i)(A) was in the
509     scope of the interlock restricted driver's employment.
510          (b) The affirmative defense under Subsection (4)(a) does not apply to:
511          (i) an employer-owned motor vehicle that is made available to an interlock restricted
512     driver for personal use; or
513          (ii) a motor vehicle owned by a business entity that is all or partly owned or controlled
514     by the interlock restricted driver.
515          Section 7. Section 41-6a-520 is amended to read:
516          41-6a-520. Implied consent to chemical tests for alcohol or drug -- Number of
517     tests -- Refusal -- Warning, report.
518          (1) (a) A person operating a motor vehicle in this state is considered to have given the
519     person's consent to a chemical test or tests of the person's breath, blood, urine, or oral fluids for
520     the purpose of determining whether the person was operating or in actual physical control of a
521     motor vehicle while:
522          (i) having a blood or breath alcohol content statutorily prohibited under Section
523     41-6a-502, 41-6a-530, or 53-3-231[, or 53-3-232]; or

524          (ii) under the influence of alcohol, any drug, or combination of alcohol and any drug
525     under Section 41-6a-502[; or].
526          [(iii) having any measurable controlled substance or metabolite of a controlled
527     substance in the person's body in violation of Section 41-6a-517.]
528          (b) A test or tests authorized under this Subsection (1) must be administered at the
529     direction of a peace officer having grounds to believe that person to have been operating or in
530     actual physical control of a motor vehicle while in violation of any provision under
531     [Subsections] Subsection (1)(a)[(i) through (iii)].
532          (c) (i) The peace officer determines which of the tests are administered and how many
533     of them are administered.
534          (ii) If a peace officer requests more than one test, refusal by a person to take one or
535     more requested tests, even though the person does submit to any other requested test or tests, is
536     a refusal under this section.
537          (d) (i) A person who has been requested under this section to submit to a chemical test
538     or tests of the person's breath, blood, or urine, or oral fluids may not select the test or tests to be
539     administered.
540          (ii) The failure or inability of a peace officer to arrange for any specific chemical test is
541     not a defense to taking a test requested by a peace officer, and it is not a defense in any
542     criminal, civil, or administrative proceeding resulting from a person's refusal to submit to the
543     requested test or tests.
544          (2) (a) A peace officer requesting a test or tests shall warn a person that refusal to
545     submit to the test or tests may result in revocation of the person's license to operate a motor
546     vehicle, a five or 10 year prohibition of driving with any measurable or detectable amount of
547     alcohol in the person's body depending on the person's prior driving history, and a three-year
548     prohibition of driving without an ignition interlock device if the person:
549          (i) has been placed under arrest;
550          (ii) has then been requested by a peace officer to submit to any one or more of the
551     chemical tests under Subsection (1); and
552          (iii) refuses to submit to any chemical test requested.
553          (b) (i) Following the warning under Subsection (2)(a), if the person does not
554     immediately request that the chemical test or tests as offered by a peace officer be

555     administered, a peace officer shall, on behalf of the Driver License Division and within 24
556     hours of the arrest, give notice of the Driver License Division's intention to revoke the person's
557     privilege or license to operate a motor vehicle.
558          (ii) When a peace officer gives the notice on behalf of the Driver License Division, the
559     peace officer shall:
560          (A) take the Utah license certificate or permit, if any, of the operator;
561          (B) issue a temporary license certificate effective for only 29 days from the date of
562     arrest; and
563          (C) supply to the operator, in a manner specified by the Driver License Division, basic
564     information regarding how to obtain a hearing before the Driver License Division.
565          (c) A citation issued by a peace officer may, if provided in a manner specified by the
566     Driver License Division, also serve as the temporary license certificate.
567          (d) As a matter of procedure, the peace officer shall submit a signed report, within 10
568     calendar days after the day on which notice is provided under Subsection (2)(b), that:
569          (i) the peace officer had grounds to believe the arrested person was in violation of any
570     provision under [Subsections] Subsection (1)(a)[(i) through (iii)]; and
571          (ii) the person had refused to submit to a chemical test or tests under Subsection (1).
572          (3) Upon the request of the person who was tested, the results of the test or tests shall
573     be made available to the person.
574          (4) (a) The person to be tested may, at the person's own expense, have a physician of
575     the person's own choice administer a chemical test in addition to the test or tests administered
576     at the direction of a peace officer.
577          (b) The failure or inability to obtain the additional test does not affect admissibility of
578     the results of the test or tests taken at the direction of a peace officer, or preclude or delay the
579     test or tests to be taken at the direction of a peace officer.
580          (c) The additional test shall be subsequent to the test or tests administered at the
581     direction of a peace officer.
582          (5) For the purpose of determining whether to submit to a chemical test or tests, the
583     person to be tested does not have the right to consult an attorney or have an attorney, physician,
584     or other person present as a condition for the taking of any test.
585          Section 8. Section 41-6a-521 is amended to read:

586          41-6a-521. Revocation hearing for refusal -- Appeal.
587          (1) (a) A person who has been notified of the Driver License Division's intention to
588     revoke the person's license under Section 41-6a-520 is entitled to a hearing.
589          (b) A request for the hearing shall be made in writing within 10 calendar days after the
590     day on which notice is provided.
591          (c) Upon request in a manner specified by the Driver License Division, the Driver
592     License Division shall grant to the person an opportunity to be heard within 29 days after the
593     date of arrest.
594          (d) If the person does not make a request for a hearing before the Driver License
595     Division under this Subsection (1), the person's privilege to operate a motor vehicle in the state
596     is revoked beginning on the 30th day after the date of arrest:
597          (i) for a person 21 years of age or older on the date of arrest, for a period of:
598          (A) 18 months, unless Subsection (1)(d)(i)(B) applies; or
599          (B) 36 months, if the arrest was made on or after July 1, 2009, and the person has had a
600     previous:
601          (I) license sanction for an offense that occurred within the previous 10 years from the
602     date of arrest under Section [41-6a-517,] 41-6a-520, 41-6a-530, 53-3-223, or 53-3-231[, or
603     53-3-232]; or
604          (II) conviction for an offense that occurred within the previous 10 years from the date
605     of arrest under Section 41-6a-502 or a statute previously in effect in this state that would
606     constitute a violation of Section 41-6a-502;
607          (ii) for a person under 21 years of age on the date of arrest:
608          (A) until the person is 21 years of age or for a period of two years, whichever is longer,
609     if the arrest was made on or after July 1, 2011, unless Subsection (1)(d)(ii)(B) applies; or
610          (B) until the person is 21 years of age or for a period of 36 months, whichever is
611     longer, if the arrest was made on or after July 1, 2009, and the person has had a previous:
612          (I) license sanction for an offense that occurred within the previous 10 years from the
613     date of arrest under Section [41-6a-517,] 41-6a-520, 41-6a-530, 53-3-223, or 53-3-231[, or
614     53-3-232]; or
615          (II) conviction for an offense that occurred within the previous 10 years from the date
616     of arrest under Section 41-6a-502 or a statute previously in effect in this state that would

617     constitute a violation of Section 41-6a-502; or
618          (iii) for a person that was arrested prior to July 1, 2009, for the suspension periods in
619     effect prior to July 1, 2009.
620          (2) (a) Except as provided in Subsection (2)(b), if a hearing is requested by the person,
621     the hearing shall be conducted by the Driver License Division in:
622          (i) the county in which the offense occurred; or
623          (ii) a county which is adjacent to the county in which the offense occurred.
624          (b) The Driver License Division may hold a hearing in some other county if the Driver
625     License Division and the person both agree.
626          (3) The hearing shall be documented and shall cover the issues of:
627          (a) whether a peace officer had reasonable grounds to believe that a person was
628     operating a motor vehicle in violation of Section 41-6a-502, [41-6a-517,] 41-6a-530, or
629     53-3-231[, or 53-3-232]; and
630          (b) whether the person refused to submit to the test or tests under Section 41-6a-520.
631          (4) (a) In connection with the hearing, the division or its authorized agent:
632          (i) may administer oaths and may issue subpoenas for the attendance of witnesses and
633     the production of relevant books and papers; and
634          (ii) shall issue subpoenas for the attendance of necessary peace officers.
635          (b) The Driver License Division shall pay witness fees and mileage from the
636     Transportation Fund in accordance with the rates established in Section 78B-1-119.
637          (5) (a) If after a hearing, the Driver License Division determines that the person was
638     requested to submit to a chemical test or tests and refused to submit to the test or tests, or if the
639     person fails to appear before the Driver License Division as required in the notice, the Driver
640     License Division shall revoke the person's license or permit to operate a motor vehicle in Utah
641     beginning on the date the hearing is held:
642          (i) for a person 21 years of age or older on the date of arrest, for a period of:
643          (A) 18 months unless Subsection (5)(a)(i)(B) applies; or
644          (B) 36 months, if the arrest was made on or after July 1, 2009, and the person has had a
645     previous:
646          (I) license sanction for an offense that occurred within the previous 10 years from the
647     date of arrest under Section [41-6a-517,] 41-6a-520, 41-6a-530, 53-3-223, or 53-3-231[, or

648     53-3-232]; or
649          (II) conviction for an offense that occurred within the previous 10 years from the date
650     of arrest under Section 41-6a-502 or a statute previously in effect in this state that would
651     constitute a violation of Section 41-6a-502;
652          (ii) for a person under 21 years of age on the date of arrest:
653          (A) until the person is 21 years of age or for a period of two years, whichever is longer,
654     for an arrest that was made on or after July 1, 2011, and unless Subsection (5)(a)(ii)(B) applies;
655     or
656          (B) until the person is 21 years of age or for a period of 36 months, whichever is
657     longer, if the arrest was made on or after July 1, 2009, and the person has had a previous:
658          (I) license sanction for an offense that occurred within the previous 10 years from the
659     date of arrest under Section [41-6a-517,] 41-6a-520, 41-6a-530, 53-3-223, or 53-3-231, [or
660     53-3-232]; or
661          (II) conviction for an offense that occurred within the previous 10 years from the date
662     of arrest under Section 41-6a-502 or a statute previously in effect in this state that would
663     constitute a violation of Section 41-6a-502; or
664          (iii) for a person that was arrested prior to July 1, 2009, for the revocation periods in
665     effect prior to July 1, 2009.
666          (b) The Driver License Division shall also assess against the person, in addition to any
667     fee imposed under Subsection 53-3-205(12), a fee under Section 53-3-105, which shall be paid
668     before the person's driving privilege is reinstated, to cover administrative costs.
669          (c) The fee shall be cancelled if the person obtains an unappealed court decision
670     following a proceeding allowed under Subsection (2) that the revocation was improper.
671          (6) (a) Any person whose license has been revoked by the Driver License Division
672     under this section following an administrative hearing may seek judicial review.
673          (b) Judicial review of an informal adjudicative proceeding is a trial.
674          (c) Venue is in the district court in the county in which the offense occurred.
675          Section 9. Section 41-6a-525 is amended to read:
676          41-6a-525. Reporting test results -- Immunity from liability.
677          (1) As used in this section, "health care provider" means a person licensed under:
678          (a) Title 58, Chapter 31b, Nurse Practice Act;

679          (b) Title 58, Chapter 67, Utah Medical Practice Act; or
680          (c) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
681          (2) A health care provider who is providing medical care to any person involved in a
682     motor vehicle crash may notify, as soon as reasonably possible, the nearest peace officer or law
683     enforcement agency if the health care provider has reason to believe, as a result of any test
684     performed in the course of medical treatment, that the:
685          (a) person's blood alcohol concentration meets or exceeds the limits under Subsection
686     41-6a-502(1)(a);
687          (b) person is younger than 21 years of age and has any measurable blood, breath, or
688     urine alcohol concentration in the person's body; or
689          (c) person has any measurable controlled substance or metabolite of a controlled
690     substance in the person's body which could be a violation of Subsection 41-6a-502(1)(b) [or
691     Section 41-6a-517].
692          (3) The report under Subsection (2) shall consist of the:
693          (a) name of the person being treated;
694          (b) date and time of the administration of the test; and
695          (c) results disclosed by the test.
696          (4) A health care provider participating in good faith in making a report or assisting an
697     investigator from a law enforcement agency pursuant to this section is immune from any
698     liability, civil or criminal, that otherwise might result by reason of those actions.
699          (5) A report under Subsection (2) may not be used to support a finding of probable
700     cause that a person who is not a driver of a vehicle has committed an offense.
701          Section 10. Section 41-6a-527 is amended to read:
702          41-6a-527. Seizure and impoundment of vehicles by peace officers -- Impound
703     requirements -- Removal of vehicle by owner.
704          (1) If a peace officer arrests, cites, or refers for administrative action the operator of a
705     vehicle for violating Section 41-6a-502, [41-6a-517,] 41-6a-518.2, 41-6a-520, 41-6a-530,
706     41-6a-606, 53-3-231, [53-3-232,] Subsections 53-3-227(3)(a)(i) through [(vi)] (v), Subsection
707     53-3-227(3)(a)[(ix)](viii), or a local ordinance similar to Section 41-6a-502 which complies
708     with Subsection 41-6a-510(1), the peace officer shall seize and impound the vehicle in
709     accordance with Section 41-6a-1406, except as provided under Subsection (2).

710          (2) If a registered owner of the vehicle, other than the operator, is present at the time of
711     arrest, the peace officer may release the vehicle to that registered owner, but only if:
712          (a) the registered owner:
713          (i) requests to remove the vehicle from the scene; and
714          (ii) presents to the peace officer sufficient identification to prove ownership of the
715     vehicle or motorboat;
716          (b) the registered owner identifies a driver with a valid operator's license who:
717          (i) complies with all restrictions of his operator's license; and
718          (ii) would not, in the judgment of the officer, be in violation of Section 41-6a-502,
719     [41-6a-517,] 41-6a-518.2, 41-6a-520, 41-6a-530, 53-3-231, [53-3-232,] or a local ordinance
720     similar to Section 41-6a-502 which complies with Subsection 41-6a-510(1) if permitted to
721     operate the vehicle; and
722          (c) the vehicle itself is legally operable.
723          (3) If necessary for transportation of a motorboat for impoundment under this section,
724     the motorboat's trailer may be used to transport the motorboat.
725          Section 11. Section 41-6a-606 is amended to read:
726          41-6a-606. Speed contest or exhibition on highway -- Barricade or obstruction.
727          (1) A person may not engage in any motor vehicle speed contest or exhibition of speed
728     on a highway.
729          (2) A person may not, in any manner, obstruct or place any barricade or obstruction or
730     assist or participate in placing any barricade or obstruction upon any highway for any purpose
731     prohibited under Subsection (1).
732          (3) A person who violates Subsection (1) is guilty of a class B misdemeanor.
733          (4) (a) In addition to the penalty provided under this section or any other section, a
734     person who violates Subsection (1) shall have the person's driver license suspended under
735     Subsection 53-3-220(1)(a)[(xvi)](xiv) for a period of:
736          (i) 60 days for a first offense; and
737          (ii) 90 days for a second offense within three years of a prior offense.
738          (b) The court shall forward the report of the conviction to the Driver License Division
739     in accordance with Section 53-3-218.
740          Section 12. Section 53-3-220 is amended to read:

741          53-3-220. Offenses requiring mandatory revocation, denial, suspension, or
742     disqualification of license -- Offense requiring an extension of period -- Hearing --
743     Limited driving privileges.
744          (1) (a) The division shall immediately revoke or, when this chapter, Title 41, Chapter
745     6a, Traffic Code, or Section 76-5-303, specifically provides for denial, suspension, or
746     disqualification, the division shall deny, suspend, or disqualify the license of a person upon
747     receiving a record of the person's conviction for:
748          (i) manslaughter or negligent homicide resulting from driving a motor vehicle, or
749     automobile homicide under Section 76-5-207 or 76-5-207.5;
750          (ii) driving or being in actual physical control of a motor vehicle while under the
751     influence of alcohol, any drug, or combination of them to a degree that renders the person
752     incapable of safely driving a motor vehicle as prohibited in Section 41-6a-502 or as prohibited
753     in an ordinance that complies with the requirements of Subsection 41-6a-510(1);
754          (iii) driving or being in actual physical control of a motor vehicle while having a blood
755     or breath alcohol content as prohibited in Section 41-6a-502 or as prohibited in an ordinance
756     that complies with the requirements of Subsection 41-6a-510(1);
757          (iv) perjury or the making of a false affidavit to the division under this chapter, Title
758     41, Motor Vehicles, or any other law of this state requiring the registration of motor vehicles or
759     regulating driving on highways;
760          (v) any felony under the motor vehicle laws of this state;
761          (vi) any other felony in which a motor vehicle is used to facilitate the offense;
762          (vii) failure to stop and render aid as required under the laws of this state if a motor
763     vehicle accident results in the death or personal injury of another;
764          (viii) two charges of reckless driving, impaired driving, or any combination of reckless
765     driving and impaired driving committed within a period of 12 months; but if upon a first
766     conviction of reckless driving or impaired driving the judge or justice recommends suspension
767     of the convicted person's license, the division may after a hearing suspend the license for a
768     period of three months;
769          (ix) failure to bring a motor vehicle to a stop at the command of a peace officer as
770     required in Section 41-6a-210;
771          (x) any offense specified in Part 4, Uniform Commercial Driver License Act, that

772     requires disqualification;
773          (xi) a felony violation of Section 76-10-508 or 76-10-508.1 involving discharging or
774     allowing the discharge of a firearm from a vehicle;
775          (xii) using, allowing the use of, or causing to be used any explosive, chemical, or
776     incendiary device from a vehicle in violation of Subsection 76-10-306(4)(b);
777          [(xiii) operating or being in actual physical control of a motor vehicle while having any
778     measurable controlled substance or metabolite of a controlled substance in the person's body in
779     violation of Section 41-6a-517;]
780          [(xiv) until July 30, 2015, operating or being in actual physical control of a motor
781     vehicle while having any alcohol in the person's body in violation of Section 53-3-232;]
782          [(xv)] (xiii) operating or being in actual physical control of a motor vehicle while
783     having any measurable or detectable amount of alcohol in the person's body in violation of
784     Section 41-6a-530;
785          [(xvi)] (xiv) engaging in a motor vehicle speed contest or exhibition of speed on a
786     highway in violation of Section 41-6a-606;
787          [(xvii)] (xv) operating or being in actual physical control of a motor vehicle in this
788     state without an ignition interlock system in violation of Section 41-6a-518.2; or
789          [(xviii)] (xvi) custodial interference, under:
790          (A) Subsection 76-5-303(3), which suspension shall be for a period of 30 days, unless
791     the court provides the division with an order of suspension for a shorter period of time;
792          (B) Subsection 76-5-303(4), which suspension shall be for a period of 90 days, unless
793     the court provides the division with an order of suspension for a shorter period of time; or
794          (C) Subsection 76-5-303(5), which suspension shall be for a period of 180 days, unless
795     the court provides the division with an order of suspension for a shorter period of time.
796          (b) The division shall immediately revoke the license of a person upon receiving a
797     record of an adjudication under Title 78A, Chapter 6, Juvenile Court Act of 1996, for:
798          (i) a felony violation of Section 76-10-508 or 76-10-508.1 involving discharging or
799     allowing the discharge of a firearm from a vehicle; or
800          (ii) using, allowing the use of, or causing to be used any explosive, chemical, or
801     incendiary device from a vehicle in violation of Subsection 76-10-306(4)(b).
802          (c) Except when action is taken under Section 53-3-219 for the same offense, the

803     division shall immediately suspend for six months the license of a person upon receiving a
804     record of conviction for:
805          (i) any violation of:
806          (A) Title 58, Chapter 37, Utah Controlled Substances Act;
807          (B) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
808          (C) Title 58, Chapter 37b, Imitation Controlled Substances Act;
809          (D) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act; or
810          (E) Title 58, Chapter 37d, Clandestine Drug Lab Act; or
811          (ii) any criminal offense that prohibits:
812          (A) possession, distribution, manufacture, cultivation, sale, or transfer of any substance
813     that is prohibited under the acts described in Subsection (1)(c)(i); or
814          (B) the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or
815     transfer any substance that is prohibited under the acts described in Subsection (1)(c)(i).
816          (d) (i) The division shall immediately suspend a person's driver license for conviction
817     of the offense of theft of motor vehicle fuel under Section 76-6-404.7 if the division receives:
818          (A) an order from the sentencing court requiring that the person's driver license be
819     suspended; and
820          (B) a record of the conviction.
821          (ii) An order of suspension under this section is at the discretion of the sentencing
822     court, and may not be for more than 90 days for each offense.
823          (e) (i) The division shall immediately suspend for one year the license of a person upon
824     receiving a record of:
825          (A) conviction for the first time for a violation under Section 32B-4-411; or
826          (B) an adjudication under Title 78A, Chapter 6, Juvenile Court Act of 1996, for a
827     violation under Section 32B-4-411.
828          (ii) The division shall immediately suspend for a period of two years the license of a
829     person upon receiving a record of:
830          (A) (I) conviction for a second or subsequent violation under Section 32B-4-411; and
831          (II) the violation described in Subsection (1)(e)(ii)(A)(I) is within 10 years of a prior
832     conviction for a violation under Section 32B-4-411; or
833          (B) (I) a second or subsequent adjudication under Title 78A, Chapter 6, Juvenile Court

834     Act of 1996, for a violation under Section 32B-4-411; and
835          (II) the adjudication described in Subsection (1)(e)(ii)(B)(I) is within 10 years of a prior
836     adjudication under Title 78A, Chapter 6, Juvenile Court Act of 1996, for a violation under
837     Section 32B-4-411.
838          (iii) Upon receipt of a record under Subsection (1)(e)(i) or (ii), the division shall:
839          (A) for a conviction or adjudication described in Subsection (1)(e)(i):
840          (I) impose a suspension for one year beginning on the date of conviction; or
841          (II) if the person is under the age of eligibility for a driver license, impose a suspension
842     that begins on the date of conviction and continues for one year beginning on the date of
843     eligibility for a driver license; or
844          (B) for a conviction or adjudication described in Subsection (1)(e)(ii):
845          (I) impose a suspension for a period of two years; or
846          (II) if the person is under the age of eligibility for a driver license, impose a suspension
847     that begins on the date of conviction and continues for two years beginning on the date of
848     eligibility for a driver license.
849          (iv) Upon receipt of the first order suspending a person's driving privileges under
850     Section 32B-4-411, the division shall reduce the suspension period under Subsection (1)(e)(i) if
851     ordered by the court in accordance with Subsection 32B-4-411(3)(a).
852          (v) Upon receipt of the second or subsequent order suspending a person's driving
853     privileges under Section 32B-4-411, the division shall reduce the suspension period under
854     Subsection (1)(e)(ii) if ordered by the court in accordance with Subsection 32B-4-411(3)(b).
855          (2) The division shall extend the period of the first denial, suspension, revocation, or
856     disqualification for an additional like period, to a maximum of one year for each subsequent
857     occurrence, upon receiving:
858          (a) a record of the conviction of any person on a charge of driving a motor vehicle
859     while the person's license is denied, suspended, revoked, or disqualified;
860          (b) a record of a conviction of the person for any violation of the motor vehicle law in
861     which the person was involved as a driver;
862          (c) a report of an arrest of the person for any violation of the motor vehicle law in
863     which the person was involved as a driver; or
864          (d) a report of an accident in which the person was involved as a driver.

865          (3) When the division receives a report under Subsection (2)(c) or (d) that a person is
866     driving while the person's license is denied, suspended, disqualified, or revoked, the person is
867     entitled to a hearing regarding the extension of the time of denial, suspension, disqualification,
868     or revocation originally imposed under Section 53-3-221.
869          (4) (a) The division may extend to a person the limited privilege of driving a motor
870     vehicle to and from the person's place of employment or within other specified limits on
871     recommendation of the judge in any case where a person is convicted of any of the offenses
872     referred to in Subsections (1) and (2) except:
873          (i) automobile homicide under Subsection (1)(a)(i);
874          (ii) those offenses referred to in Subsections (1)(a)(ii), (iii), (xi), (xii), [(xiii),] (1)(b),
875     and (1)(c); and
876          (iii) those offenses referred to in Subsection (2) when the original denial, suspension,
877     revocation, or disqualification was imposed because of a violation of Section 41-6a-502,
878     [41-6a-517,] a local ordinance which complies with the requirements of Subsection
879     41-6a-510(1), Section 41-6a-520, or Section 76-5-207, or a criminal prohibition that the person
880     was charged with violating as a result of a plea bargain after having been originally charged
881     with violating one or more of these sections or ordinances, unless:
882          (A) the person has had the period of the first denial, suspension, revocation, or
883     disqualification extended for a period of at least three years;
884          (B) the division receives written verification from the person's primary care physician
885     that:
886          (I) to the physician's knowledge the person has not used any narcotic drug or other
887     controlled substance except as prescribed by a licensed medical practitioner within the last
888     three years; and
889          (II) the physician is not aware of any physical, emotional, or mental impairment that
890     would affect the person's ability to operate a motor vehicle safely; and
891          (C) for a period of one year prior to the date of the request for a limited driving
892     privilege:
893          (I) the person has not been convicted of a violation of any motor vehicle law in which
894     the person was involved as the operator of the vehicle;
895          (II) the division has not received a report of an arrest for a violation of any motor

896     vehicle law in which the person was involved as the operator of the vehicle; and
897          (III) the division has not received a report of an accident in which the person was
898     involved as an operator of a vehicle.
899          (b) (i) Except as provided in Subsection (4)(b)(ii), the discretionary privilege
900     authorized in this Subsection (4):
901          (A) is limited to when undue hardship would result from a failure to grant the
902     privilege; and
903          (B) may be granted only once to any person during any single period of denial,
904     suspension, revocation, or disqualification, or extension of that denial, suspension, revocation,
905     or disqualification.
906          (ii) The discretionary privilege authorized in Subsection (4)(a)(iii):
907          (A) is limited to when the limited privilege is necessary for the person to commute to
908     school or work; and
909          (B) may be granted only once to any person during any single period of denial,
910     suspension, revocation, or disqualification, or extension of that denial, suspension, revocation,
911     or disqualification.
912          (c) A limited CDL may not be granted to a person disqualified under Part 4, Uniform
913     Commercial Driver License Act, or whose license has been revoked, suspended, cancelled, or
914     denied under this chapter.
915          Section 13. Section 53-3-223 is amended to read:
916          53-3-223. Chemical test for driving under the influence -- Temporary license --
917     Hearing and decision -- Suspension and fee -- Judicial review.
918          (1) (a) If a peace officer has reasonable grounds to believe that a person may be
919     violating or has violated Section 41-6a-502, prohibiting the operation of a vehicle with a
920     certain blood or breath alcohol concentration and driving under the influence of any drug,
921     alcohol, or combination of a drug and alcohol [or while having any measurable controlled
922     substance or metabolite of a controlled substance in the person's body in violation of Section
923     41-6a-517], the peace officer may, in connection with arresting the person, request that the
924     person submit to a chemical test or tests to be administered in compliance with the standards
925     under Section 41-6a-520.
926          (b) In this section, a reference to Section 41-6a-502 includes any similar local

927     ordinance adopted in compliance with Subsection 41-6a-510(1).
928          (2) [The peace officer shall advise a person prior to the] Before a person's submission
929     to a chemical test, the peace officer shall advise the person that a test result indicating a
930     violation of Section 41-6a-502 [or 41-6a-517] shall, and the existence of a blood alcohol
931     content sufficient to render the person incapable of safely driving a motor vehicle may, result in
932     suspension or revocation of the person's license to drive a motor vehicle.
933          (3) If the person submits to a chemical test and the test results indicate a blood or
934     breath alcohol content in violation of Section 41-6a-502 [or 41-6a-517], or if a peace officer
935     makes a determination, based on reasonable grounds, that the person is otherwise in violation
936     of Section 41-6a-502, a peace officer shall, on behalf of the division and within 24 hours of
937     arrest, give notice of the division's intention to suspend the person's license to drive a motor
938     vehicle.
939          (4) (a) When a peace officer gives notice on behalf of the division, the peace officer
940     shall:
941          (i) take the Utah license certificate or permit, if any, of the driver;
942          (ii) issue a temporary license certificate effective for only 29 days from the date of
943     arrest; and
944          (iii) supply to the driver, in a manner specified by the division, basic information
945     regarding how to obtain a prompt hearing before the division.
946          (b) A citation issued by a peace officer may, if provided in a manner specified by the
947     division, also serve as the temporary license certificate.
948          (5) As a matter of procedure, a peace officer shall send to the division within 10
949     calendar days after the day on which notice is provided:
950          (a) the person's license certificate;
951          (b) a copy of the citation issued for the offense;
952          (c) a signed report in a manner specified by the division indicating the chemical test
953     results, if any; and
954          (d) any other basis for the peace officer's determination that the person has violated
955     Section 41-6a-502 [or 41-6a-517].
956          [(6) (a) Upon request in a manner specified by the division, the division shall grant to
957     the person an opportunity to be heard within 29 days after the date of arrest. The request to be

958     heard shall be made within 10 calendar days of the day on which notice is provided under
959     Subsection (5).]
960          (6) (a) (i) A person may file a request to be heard with the division within 10 calendar
961     days of the day on which notice is provided under Subsection (5) in the manner specified by the
962     division; and
963          (ii) upon request in the manner specified by the division, the division shall grant to the
964     person an opportunity to be heard within 29 days after the date of the arrest.
965          (b) (i) Except as provided in Subsection (6)(b)(ii), a hearing, if held, shall be before the
966     division in:
967          (A) the county in which the arrest occurred; or
968          (B) a county that is adjacent to the county in which the arrest occurred.
969          (ii) The division may hold a hearing in some other county if the division and the person
970     both agree.
971          (c) The [hearing] division shall [be documented and shall cover the issues of]:
972          (i) document the hearing; and
973          (ii) determine:
974          [(i)] (A) whether a peace officer had reasonable grounds to believe the person was
975     driving a motor vehicle in violation of Section 41-6a-502 [or 41-6a-517];
976          [(ii)] (B) whether the person refused to submit to the test; and
977          [(iii)] (C) the application of the test results, if any.
978          (d) (i) In connection with a hearing, the division or its authorized agent:
979          (A) may administer oaths and may issue subpoenas for the attendance of witnesses and
980     the production of relevant books and papers; [or] and
981          (B) may issue subpoenas for the attendance of necessary peace officers.
982          (ii) The division shall pay witness fees and mileage from the Transportation Fund in
983     accordance with the rates established in Section 78B-1-119.
984          (e) The division may designate one or more employees to conduct the hearing.
985          (f) Any decision made after a hearing before any designated employee is as valid as if
986     made by the division.
987          (7) (a) If, after a hearing, the division determines that a peace officer had reasonable
988     grounds to believe that the person was driving a motor vehicle in violation of Section

989     41-6a-502 [or 41-6a-517], if the person failed to appear before the division as required in the
990     notice, or if a hearing is not requested under this section, the division shall:
991          (i) if the person is 21 years of age or older at the time of arrest and the arrest was made
992     on or after July 1, 2009, suspend the person's license or permit to operate a motor vehicle for a
993     period of:
994          (A) 120 days beginning on the 30th day after the date of arrest for a first suspension; or
995          (B) two years beginning on the 30th day after the date of arrest for a second or
996     subsequent suspension for an offense that occurred within the previous 10 years; or
997          (ii) if the person is under 21 years of age at the time of arrest and the arrest was made
998     on or after May 14, 2013:
999          (A) suspend the person's license or permit to operate a motor vehicle:
1000          (I) for a period of six months, beginning on the 30th day after the date of arrest for a
1001     first suspension; or
1002          (II) until the person is 21 years of age or for a period of two years, whichever is longer,
1003     beginning on the 30th day after the date of arrest for a second or subsequent suspension for an
1004     offense that occurred within the previous 10 years; or
1005          (B) deny the person's application for a license or learner's permit:
1006          (I) for a period of six months for a first suspension, if the person has not been issued an
1007     operator license; or
1008          (II) until the person is 21 years of age or for a period of two years, whichever is longer,
1009     beginning on the 30th day after the date of arrest for a second or subsequent suspension for an
1010     offense that occurred within the previous 10 years.
1011          (b) The division shall deny or suspend a person's license for the denial and suspension
1012     periods in effect:
1013          (i) prior to July 1, 2009, for an offense that was committed prior to July 1, 2009;
1014          (ii) from July 1, 2009, through June 30, 2011, if:
1015          (A) the person was 20 years 6 months of age or older but under 21 years of age at the
1016     time of arrest; and
1017          (B) the conviction under Subsection (2) is for an offense that was committed on or
1018     after July 1, 2009, and prior to July 1, 2011; or
1019          (iii) prior to May 14, 2013, for an offense that was committed prior to May 14, 2013.

1020          (c) (i) Notwithstanding the provisions in Subsection (7)(a)(i)(A), the division shall
1021     reinstate a person's license [prior to] before completion of the 120 day suspension period
1022     imposed under Subsection (7)(a)(i)(A):
1023          (A) immediately upon receiving written verification of the person's dismissal of a
1024     charge for a violation of Section 41-6a-502 [or 41-6a-517], if the written verification is
1025     received [prior to] before completion of the suspension period; or
1026          (B) no sooner than 60 days beginning on the 30th day after the date of arrest upon
1027     receiving written verification of the person's reduction of a charge for a violation of Section
1028     41-6a-502 [or 41-6a-517], if the written verification is received [prior to] before completion of
1029     the suspension period.
1030          (ii) Notwithstanding the provisions in Subsection (7)(a)(i)(A) or (7)(b), the division
1031     shall reinstate a person's license prior to completion of the 120-day suspension period imposed
1032     under Subsection (7)(a)(i)(A) immediately upon receiving written verification of the person's
1033     conviction of impaired driving under Section 41-6a-502.5 if:
1034          (A) the written verification is received [prior to] before completion of the suspension
1035     period; and
1036          (B) the reporting court notifies the Driver License Division that the defendant is
1037     participating in or has successfully completed the program of a driving under the influence
1038     court as defined in Section 41-6a-501.
1039          (iii) If a person's license is reinstated under this Subsection (7)(c), the person is
1040     required to pay the license reinstatement fees under Subsections 53-3-105(23) and (24).
1041          (iv) The driver license reinstatements authorized under this Subsection (7)(c) only
1042     apply to a 120 day suspension period imposed under Subsection (7)(a)(i)(A).
1043          (d) (i) Notwithstanding the provisions in Subsections (7)(a) through (c), if the division
1044     suspends a person's license for an alcohol related offense in accordance with this section, the
1045     person may elect to become an interlock restricted driver and install an ignition interlock
1046     device in any vehicle driven by the person in lieu of receiving the license suspension.
1047          (ii) If the person elects to become an interlock restricted driver in lieu of suspension,
1048     the person shall:
1049          (A) install an ignition interlock device in any vehicle driven by the person and keep the
1050     ignition interlock device installed in any vehicle driven by the person for the same time period

1051     as the prescribed license suspension;
1052          (B) provide proof of installation to the division through a probation provider; and
1053          (C) pay the license reinstatement application fees described in Subsections
1054     53-3-105(23) and (24).
1055          (iii) The division shall reinstate the person's driver license and the person shall become
1056     an interlock restricted driver once the driver provides to the division:
1057          (A) proof of installation of an ignition interlock device from a probation provider; and
1058          (B) payment of the license reinstatement application fees described in Subsections
1059     53-3-105(23) and (24).
1060          (iv) The probation provider shall immediately notify the division of any tampering or
1061     removal of the installed ignition interlock devices associated with the interlock restricted
1062     driver.
1063          (v) If the division receives notice that a ignition interlock device required by this
1064     section has been tampered with or removed, the division shall reinstate the license suspension
1065     and restart the time period of the suspension.
1066          (8) (a) Notwithstanding the provisions in Subsection (7)(b)(iii), the division shall
1067     shorten a person's two-year license suspension period that is currently in effect to a six-month
1068     suspension period if:
1069          (i) the driver was under the age of 19 at the time of arrest;
1070          (ii) the offense was a first offense that was committed prior to May 14, 2013; and
1071          (iii) the suspension under Subsection (7)(b)(iii) was based on the same occurrence
1072     upon which the following written verifications are based:
1073          (A) a court order shortening the driver license suspension for a violation of Section
1074     41-6a-502 pursuant to Subsection 41-6a-509(8);
1075          [(B) a court order shortening the driver license suspension for a violation of Section
1076     41-6a-517 pursuant to Subsection 41-6a-517(11);]
1077          [(C)] (B) a court order shortening the driver license suspension for a violation of
1078     Section 32B-4-409;
1079          [(D)] (C) a dismissal for a violation of [Section 41-6a-502, Section 41-6a-517, or]
1080     Section 32B-4-409 or 41-6a-502;
1081          [(E)] (D) a notice of declination to prosecute for a charge under [Section 41-6a-502,

1082     Section 41-6a-517, or] Section 32B-4-409 or 41-6a-502;
1083          [(F)] (E) a reduction of a charge under [Section 41-6a-502, Section 41-6a-517, or]
1084     Section 32B-4-409 or 41-6a-502; or
1085          [(G)] (F) other written documentation acceptable to the division.
1086          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1087     division may make rules establishing requirements for acceptable written documentation to
1088     shorten a person's driver license suspension period under Subsection (8)(a)(iii)[(G)](F).
1089          (c) If a person's license sanction is shortened under this Subsection (8), the person is
1090     required to pay the license reinstatement fees under Subsections 53-3-105(23) and (24).
1091          (9) (a) [The division shall assess against a person, in] In addition to any fee imposed
1092     under Subsection 53-3-205(12) for driving under the influence, the division shall:
1093          (i) assess a fee under Section 53-3-105 to cover administrative costs against a person,
1094     which shall be paid before the person's driving privilege is reinstated[. This fee shall be
1095     cancelled]; and
1096          (ii) cancel the fee if the person obtains an unappealed division hearing or court decision
1097     that the suspension was not proper.
1098          (b) A person whose license has been suspended by the division under this section
1099     following an administrative hearing may file a petition within 30 days after the suspension for a
1100     hearing on the matter which, if held, is governed by Section 53-3-224.
1101          Section 14. Section 53-3-227 is amended to read:
1102          53-3-227. Driving a motor vehicle prohibited while driving privilege denied,
1103     suspended, disqualified, or revoked -- Penalties.
1104          (1) A person whose driving privilege has been denied, suspended, disqualified, or
1105     revoked under this chapter or under the laws of the state in which the person's driving privilege
1106     was granted and who drives any motor vehicle upon the highways of this state while that
1107     driving privilege is denied, suspended, disqualified, or revoked shall be punished as provided
1108     in this section.
1109          (2) A person convicted of a violation of Subsection (1), other than a violation specified
1110     in Subsection (3), is guilty of a class C misdemeanor.
1111          (3) (a) A person is guilty of a class B misdemeanor if the person's conviction under
1112     Subsection (1) is based on the person driving a motor vehicle while the person's driving

1113     privilege is suspended, disqualified, or revoked for:
1114          (i) a refusal to submit to a chemical test under Section 41-6a-520;
1115          (ii) a violation of Section 41-6a-502;
1116          (iii) a violation of a local ordinance that complies with the requirements of Section
1117     41-6a-510;
1118          [(iv) a violation of Section 41-6a-517;]
1119          [(v)] (iv) a violation of Section 76-5-207;
1120          [(vi)] (v) a criminal action that the person plead guilty to as a result of a plea bargain
1121     after having been originally charged with violating one or more of the sections or ordinances
1122     under this Subsection (3);
1123          [(vii)] (vi) a revocation or suspension which has been extended under Subsection
1124     53-3-220(2);
1125          [(viii)] (vii) where disqualification is the result of driving a commercial motor vehicle
1126     while the person's CDL is disqualified, suspended, canceled, or revoked under Subsection
1127     53-3-414(1); or
1128          [(ix)] (viii) a violation of Section 41-6a-530.
1129          (b) A person is guilty of a class B misdemeanor if the person's conviction under
1130     Subsection (1) is based on the person driving a motor vehicle while the person's driving
1131     privilege is suspended, disqualified, or revoked by any state, the United States, or any district,
1132     possession, or territory of the United States for violations corresponding to the violations listed
1133     in Subsection (3)(a).
1134          (c) A fine imposed under this Subsection (3) shall be at least the maximum fine for a
1135     class C misdemeanor under Section 76-3-301.
1136          Section 15. Section 53-3-231 is amended to read:
1137          53-3-231. Person under 21 may not operate a vehicle or motorboat with
1138     detectable alcohol in body -- Chemical test procedures -- Temporary license -- Hearing
1139     and decision -- Suspension of license or operating privilege -- Fees -- Judicial review --
1140     Referral to local substance abuse authority or program.
1141          (1) (a) As used in this section:
1142          (i) "Local substance abuse authority" has the same meaning as provided in Section
1143     62A-15-102.

1144          (ii) "Substance abuse program" means any substance abuse program licensed by the
1145     Department of Human Services or the Department of Health and approved by the local
1146     substance abuse authority.
1147          (b) Calculations of blood, breath, or urine alcohol concentration under this section shall
1148     be made in accordance with the procedures in Subsection 41-6a-502(1).
1149          (2) (a) A person younger than 21 years of age may not operate or be in actual physical
1150     control of a vehicle or motorboat with any measurable blood, breath, or urine alcohol
1151     concentration in the person's body as shown by a chemical test.
1152          (b) A person who violates Subsection (2)(a), in addition to any other applicable
1153     penalties arising out of the incident, shall have the person's operator license denied or
1154     suspended as provided in Subsection (8).
1155          (3) (a) When a peace officer has reasonable grounds to believe that a person may be
1156     violating or has violated Subsection (2), the peace officer may, in connection with arresting the
1157     person for a violation of Section 32B-4-409, request that the person submit to a chemical test
1158     or tests to be administered in compliance with the standards under Section 41-6a-520.
1159          (b) The peace officer shall advise a person prior to the person's submission to a
1160     chemical test that a test result indicating a violation of Subsection (2)(a) will result in denial or
1161     suspension of the person's license to operate a motor vehicle or a refusal to issue a license.
1162          (c) If the person submits to a chemical test and the test results indicate a blood, breath,
1163     or urine alcohol content in violation of Subsection (2)(a), or if a peace officer makes a
1164     determination, based on reasonable grounds, that the person is otherwise in violation of
1165     Subsection (2)(a), a peace officer shall, on behalf of the division and within 24 hours of the
1166     arrest, give notice of the division's intention to deny or suspend the person's license to operate a
1167     vehicle or refusal to issue a license under this section.
1168          (4) When a peace officer gives notice on behalf of the division, the peace officer shall:
1169          (a) take the Utah license certificate or permit, if any, of the operator;
1170          (b) issue a temporary license certificate effective for only 29 days from the date of
1171     arrest if the driver had a valid operator's license; and
1172          (c) supply to the operator, in a manner specified by the division, basic information
1173     regarding how to obtain a prompt hearing before the division.
1174          (5) A citation issued by a peace officer may, if provided in a manner specified by the

1175     division, also serve as the temporary license certificate under Subsection (4)(b).
1176          (6) As a matter of procedure, a peace officer shall send to the division within 10
1177     calendar days after the day on which notice is provided:
1178          (a) the person's driver license certificate, if any;
1179          (b) a copy of the citation issued for the offense;
1180          (c) a signed report in a manner specified by the Driver License Division indicating the
1181     chemical test results, if any; and
1182          (d) any other basis for a peace officer's determination that the person has violated
1183     Subsection (2).
1184          (7) (a) (i) Upon request in a manner specified by the division, the Driver License
1185     Division shall grant to the person an opportunity to be heard within 29 days after the date of
1186     arrest under Section 32B-4-409.
1187          (ii) The request shall be made within 10 calendar days of the day on which notice is
1188     provided.
1189          (b) (i) Except as provided in Subsection (7)(b)(ii), a hearing, if held, shall be before the
1190     division in:
1191          (A) the county in which the arrest occurred; or
1192          (B) a county that is adjacent to the county in which the arrest occurred.
1193          (ii) The division may hold a hearing in some other county if the division and the person
1194     both agree.
1195          (c) The hearing shall be documented and shall cover the issues of:
1196          (i) whether a peace officer had reasonable grounds to believe the person was operating
1197     a motor vehicle or motorboat in violation of Subsection (2)(a);
1198          (ii) whether the person refused to submit to the test; and
1199          (iii) the test results, if any.
1200          (d) In connection with a hearing, the division or its authorized agent may administer
1201     oaths and may issue subpoenas for the attendance of witnesses and the production of relevant
1202     books and papers and records as defined in Section 46-4-102.
1203          (e) One or more members of the division may conduct the hearing.
1204          (f) Any decision made after a hearing before any number of the members of the
1205     division is as valid as if made after a hearing before the full membership of the division.

1206          (8) If, after a hearing, the division determines that a peace officer had reasonable
1207     grounds to believe that the person was driving a motor vehicle in violation of Subsection (2)(a),
1208     if the person fails to appear before the division as required in the notice, or if the person does
1209     not request a hearing under this section, the division shall for a person under 21 years of age on
1210     the date of arrest:
1211          (a) deny the person's license until the person complies with Subsection (12)(b)(i) but
1212     for a period of not less than six months beginning on the 30th day after the date of arrest for a
1213     first offense under Subsection (2)(a) committed on or after May 14, 2013;
1214          (b) suspend the person's license until the person complies with Subsection (12)(b)(i)
1215     and until the person is 21 years of age or for a period of two years, whichever is longer,
1216     beginning on the 30th day after the date of arrest for a second or subsequent offense under
1217     Subsection (2)(a) committed on or after July 1, 2009, and within 10 years of a prior denial or
1218     suspension;
1219          (c) deny the person's application for a license or learner's permit until the person
1220     complies with Subsection (12)(b)(i) but for a period of not less than six months if:
1221          (i) the person has not been issued an operator license; and
1222          (ii) the suspension is for a first offense under Subsection (2)(a) committed on or after
1223     July 1, 2009;
1224          (d) deny the person's application for a license or learner's permit until the person
1225     complies with Subsection (12)(b)(i) and until the person is 21 years of age or for a period of
1226     two years, whichever is longer, if:
1227          (i) the person has not been issued an operator license; and
1228          (ii) the suspension is for a second or subsequent offense under Subsection (2)(a)
1229     committed on or after July 1, 2009, and within 10 years of a prior denial or suspension; or
1230          (e) deny or suspend a person's license for the denial and suspension periods in effect:
1231          (i) prior to July 1, 2009, for a violation under Subsection (2)(a) that was committed
1232     prior to July 1, 2009;
1233          (ii) from July 1, 2009, through June 30, 2011, if the person was 20 years 6 months of
1234     age or older but under 21 years of age at the time of arrest and the conviction under Subsection
1235     (2) is for an offense that was committed on or after July 1, 2009, and prior to July 1, 2011; or
1236          (iii) prior to May 14, 2013, for a violation under Subsection (2)(a) that was committed

1237     prior to May 14, 2013.
1238          (9) (a) Notwithstanding the provisions in Subsection (8)(e)(iii), the division shall
1239     shorten a person's one-year license suspension or denial period that is currently in effect to a
1240     six-month suspension or denial period if:
1241          (i) the driver was under the age of 19 at the time of arrest;
1242          (ii) the offense was a first offense that was committed prior to May 14, 2013; and
1243          (iii) the suspension or denial under Subsection (8)(e)(iii) was based on the same
1244     occurrence upon which the following written verifications are based:
1245          (A) a court order shortening the driver license suspension for a violation of Section
1246     41-6a-502 pursuant to Subsection 41-6a-509(8);
1247          [(B) a court order shortening the driver license suspension for a violation of Section
1248     41-6a-517 pursuant to Subsection 41-6a-517(11);]
1249          [(C)] (B) a court order shortening the driver license suspension for a violation of
1250     Section 32B-4-409;
1251          [(D)] (C) a dismissal for a violation of [Section 41-6a-502, Section 41-6a-517, or]
1252     Section 32B-4-409 or 41-6a-502;
1253          [(E)] (D) a notice of declination to prosecute for a charge under [Section 41-6a-502,
1254     Section 41-6a-517, or] Section 32B-4-409 or 41-6a-502;
1255          [(F)] (E) a reduction of a charge under [Section 41-6a-502, Section 41-6a-517, or]
1256     Section 32B-4-409 or 41-6a-502; or
1257          [(G)] (F) other written documentation acceptable to the division.
1258          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1259     division may make rules establishing requirements for acceptable documentation to shorten a
1260     person's driver license suspension or denial period under this Subsection (9).
1261          (c) If a person's license sanction is shortened under this Subsection (9), the person is
1262     required to pay the license reinstatement fees under Subsections 53-3-105(23) and (24).
1263          (10) (a) (i) Following denial or suspension the division shall assess against a person, in
1264     addition to any fee imposed under Subsection 53-3-205(12), a fee under Section 53-3-105,
1265     which shall be paid before the person's driving privilege is reinstated, to cover administrative
1266     costs.
1267          (ii) This fee shall be canceled if the person obtains an unappealed division hearing or

1268     court decision that the suspension was not proper.
1269          (b) A person whose operator license has been denied, suspended, or postponed by the
1270     division under this section following an administrative hearing may file a petition within 30
1271     days after the suspension for a hearing on the matter which, if held, is governed by Section
1272     53-3-224.
1273          (11) After reinstatement of an operator license for a first offense under this section, a
1274     report authorized under Section 53-3-104 may not contain evidence of the denial or suspension
1275     of the person's operator license under this section if the person has not been convicted of any
1276     other offense for which the denial or suspension may be extended.
1277          (12) (a) In addition to the penalties in Subsection (8), a person who violates Subsection
1278     (2)(a) shall:
1279          (i) obtain an assessment and recommendation for appropriate action from a substance
1280     abuse program, but any associated costs shall be the person's responsibility; or
1281          (ii) be referred by the division to the local substance abuse authority for an assessment
1282     and recommendation for appropriate action.
1283          (b) (i) Reinstatement of the person's operator license or the right to obtain an operator
1284     license within five years of the effective date of the license sanction under Subsection (8) is
1285     contingent upon successful completion of the action recommended by the local substance
1286     abuse authority or the substance abuse program.
1287          (ii) The local substance abuse authority's or the substance abuse program's
1288     recommended action shall be determined by an assessment of the person's alcohol abuse and
1289     may include:
1290          (A) a targeted education and prevention program;
1291          (B) an early intervention program; or
1292          (C) a substance abuse treatment program.
1293          (iii) Successful completion of the recommended action shall be determined by
1294     standards established by the Division of Substance Abuse and Mental Health.
1295          (c) At the conclusion of the penalty period imposed under Subsection (2), the local
1296     substance abuse authority or the substance abuse program shall notify the division of the
1297     person's status regarding completion of the recommended action.
1298          (d) The local substance abuse authorities and the substance abuse programs shall

1299     cooperate with the division in:
1300          (i) conducting the assessments;
1301          (ii) making appropriate recommendations for action; and
1302          (iii) notifying the division about the person's status regarding completion of the
1303     recommended action.
1304          (e) (i) The local substance abuse authority is responsible for the cost of the assessment
1305     of the person's alcohol abuse, if the assessment is conducted by the local substance abuse
1306     authority.
1307          (ii) The local substance abuse authority or a substance abuse program selected by a
1308     person is responsible for:
1309          (A) conducting an assessment of the person's alcohol abuse; and
1310          (B) for making a referral to an appropriate program on the basis of the findings of the
1311     assessment.
1312          (iii) (A) The person who violated Subsection (2)(a) is responsible for all costs and fees
1313     associated with the recommended program to which the person selected or is referred.
1314          (B) The costs and fees under Subsection (12)(e)(iii)(A) shall be based on a sliding scale
1315     consistent with the local substance abuse authority's policies and practices regarding fees for
1316     services or determined by the substance abuse program.
1317          Section 16. Section 62A-15-502 is amended to read:
1318          62A-15-502. Penalty for DUI conviction -- Amounts.
1319          (1) Courts of record and not of record may at sentencing assess against the defendant,
1320     in addition to any fine, an amount that will fully compensate agencies that treat the defendant
1321     for their costs in each case where a defendant is convicted of violating:
1322          (a) Section 41-6a-502 [or 41-6a-517];
1323          (b) a criminal prohibition resulting from a plea bargain after an original charge of
1324     violating Section 41-6a-502; or
1325          (c) an ordinance that complies with the requirements of Subsection 41-6a-510(1).
1326          (2) The fee assessed shall be collected by the court or an entity appointed by the court.
1327          Section 17. Section 76-5-303 is amended to read:
1328          76-5-303. Custodial interference.
1329          (1) As used in this section:

1330          (a) "Child" means a person under the age of 18.
1331          (b) "Custody" means court-ordered physical custody entered by a court of competent
1332     jurisdiction.
1333          (c) "Visitation" means court-ordered parent-time or visitation entered by a court of
1334     competent jurisdiction.
1335          (2) (a) A person who is entitled to custody of a child is guilty of custodial interference
1336     if, during a period of time when another person is entitled to visitation of the child, the person
1337     takes, entices, conceals, detains, or withholds the child from the person entitled to visitation of
1338     the child, with the intent to interfere with the visitation of the child.
1339          (b) A person who is entitled to visitation of a child is guilty of custodial interference if,
1340     during a period of time when the person is not entitled to visitation of the child, the person
1341     takes, entices, conceals, detains, or withholds the child from a person who is entitled to custody
1342     of the child, with the intent to interfere with the custody of the child.
1343          (3) Except as provided in Subsection (4) or (5), custodial interference is a class B
1344     misdemeanor.
1345          (4) Except as provided in Subsection (5), the actor described in Subsection (2) is guilty
1346     of a class A misdemeanor if the actor:
1347          (a) commits custodial interference; and
1348          (b) has been convicted of custodial interference at least twice in the two-year period
1349     immediately preceding the day on which the commission of custodial interference described in
1350     Subsection (4)(a) occurs.
1351          (5) Custodial interference is a felony of the third degree if, during the course of the
1352     custodial interference, the actor described in Subsection (2) removes, causes the removal, or
1353     directs the removal of the child from the state.
1354          (6) In addition to the affirmative defenses described in Section 76-5-305, it is an
1355     affirmative defense to the crime of custodial interference that:
1356          (a) the action is consented to by the person whose custody or visitation of the child was
1357     interfered with; or
1358          (b) (i) the action is based on a reasonable belief that the action is necessary to protect a
1359     child from abuse, including sexual abuse; and
1360          (ii) before engaging in the action, the person reports the person's intention to engage in

1361     the action, and the basis for the belief described in Subsection (6)(b)(i), to the Division of
1362     Child and Family Services or law enforcement.
1363          (7) In addition to the other penalties described in this section, a person who is
1364     convicted of custodial interference is subject to the driver license suspension provisions of
1365     Subsection 53-3-220(1)(a)[(xviii)](xvi).
1366          Section 18. Repealer.
1367          This bill repeals:
1368          Section 41-6a-517, Definitions -- Driving with any measurable controlled substance
1369     in the body -- Penalties -- Arrest without warrant.






Legislative Review Note
Office of Legislative Research and General Counsel