Senator Ann Millner proposes the following substitute bill:


1     
PEACE OFFICER AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: A. Cory Maloy

5     
Senate Sponsor: Ann Millner

6     

7     LONG TITLE
8     General Description:
9          This bill clarifies that it is unlawful to flee from a peace officer.
10     Highlighted Provisions:
11          This bill:
12          ▸     clarifies failure to stop at the command of a law enforcement officer;
13          ▸     changes the statute for failure to stop at the command of a law enforcement officer,
14     to failure to stop at the command of a peace officer; and
15          ▸     makes technical and conforming amendments.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          41-6a-210, as renumbered and amended by Laws of Utah 2005, Chapter 2
23          53-3-220, as last amended by Laws of Utah 2017, Chapter 181
24          76-8-305.5, as enacted by Laws of Utah 2005, Chapter 288
25          76-8-1403, as enacted by Laws of Utah 2009, Chapter 284

26     

27     Be it enacted by the Legislature of the state of Utah:
28          Section 1. Section 41-6a-210 is amended to read:
29          41-6a-210. Failure to respond to officer's signal to stop -- Fleeing -- Causing
30     property damage or bodily injury -- Suspension of driver's license -- Forfeiture of vehicle
31     -- Penalties.
32          (1) (a) An operator who receives a visual or audible signal from a [peace] law
33     enforcement officer to bring the vehicle to a stop may not:
34          (i) operate the vehicle in willful or wanton disregard of the signal so as to interfere with
35     or endanger the operation of any vehicle or person; or
36          (ii) attempt to flee or elude a [peace] law enforcement officer by vehicle or other
37     means.
38          (b) (i) A person who violates Subsection (1)(a) is guilty of a felony of the third degree.
39          (ii) The court shall, as part of any sentence under this Subsection (1), impose a fine of
40     not less than $1,000.
41          (2) (a) An operator who violates Subsection (1) and while so doing causes death or
42     serious bodily injury to another person, under circumstances not amounting to murder or
43     aggravated murder, is guilty of a felony of the second degree.
44          (b) The court shall, as part of any sentence under this Subsection (2), impose a fine of
45     not less than $5,000.
46          (3) (a) In addition to the penalty provided under this section or any other section, a
47     person who violates Subsection (1)(a) or (2)(a) shall have the person's driver license revoked
48     under Subsection 53-3-220(1)(a)(ix) for a period of one year.
49          (b) (i) The court shall forward the report of the conviction to the division.
50          (ii) If the person is the holder of a driver license from another jurisdiction, the division
51     shall notify the appropriate officials in the licensing state.
52          Section 2. Section 53-3-220 is amended to read:
53          53-3-220. Offenses requiring mandatory revocation, denial, suspension, or
54     disqualification of license -- Offense requiring an extension of period -- Hearing --
55     Limited driving privileges.
56          (1) (a) The division shall immediately revoke or, when this chapter, Title 41, Chapter

57     6a, Traffic Code, or Section 76-5-303, specifically provides for denial, suspension, or
58     disqualification, the division shall deny, suspend, or disqualify the license of a person upon
59     receiving a record of the person's conviction for:
60          (i) manslaughter or negligent homicide resulting from driving a motor vehicle, or
61     automobile homicide under Section 76-5-207 or 76-5-207.5;
62          (ii) driving or being in actual physical control of a motor vehicle while under the
63     influence of alcohol, any drug, or combination of them to a degree that renders the person
64     incapable of safely driving a motor vehicle as prohibited in Section 41-6a-502 or as prohibited
65     in an ordinance that complies with the requirements of Subsection 41-6a-510(1);
66          (iii) driving or being in actual physical control of a motor vehicle while having a blood
67     or breath alcohol content as prohibited in Section 41-6a-502 or as prohibited in an ordinance
68     that complies with the requirements of Subsection 41-6a-510(1);
69          (iv) perjury or the making of a false affidavit to the division under this chapter, Title
70     41, Motor Vehicles, or any other law of this state requiring the registration of motor vehicles or
71     regulating driving on highways;
72          (v) any felony under the motor vehicle laws of this state;
73          (vi) any other felony in which a motor vehicle is used to facilitate the offense;
74          (vii) failure to stop and render aid as required under the laws of this state if a motor
75     vehicle accident results in the death or personal injury of another;
76          (viii) two charges of reckless driving, impaired driving, or any combination of reckless
77     driving and impaired driving committed within a period of 12 months; but if upon a first
78     conviction of reckless driving or impaired driving the judge or justice recommends suspension
79     of the convicted person's license, the division may after a hearing suspend the license for a
80     period of three months;
81          (ix) failure to bring a motor vehicle to a stop at the command of a [peace] law
82     enforcement officer as required in Section 41-6a-210;
83          (x) any offense specified in Part 4, Uniform Commercial Driver License Act, that
84     requires disqualification;
85          (xi) a felony violation of Section 76-10-508 or 76-10-508.1 involving discharging or
86     allowing the discharge of a firearm from a vehicle;
87          (xii) using, allowing the use of, or causing to be used any explosive, chemical, or

88     incendiary device from a vehicle in violation of Subsection 76-10-306(4)(b);
89          (xiii) operating or being in actual physical control of a motor vehicle while having any
90     measurable controlled substance or metabolite of a controlled substance in the person's body in
91     violation of Section 41-6a-517;
92          (xiv) operating or being in actual physical control of a motor vehicle while having any
93     measurable or detectable amount of alcohol in the person's body in violation of Section
94     41-6a-530;
95          (xv) engaging in a motor vehicle speed contest or exhibition of speed on a highway in
96     violation of Section 41-6a-606;
97          (xvi) operating or being in actual physical control of a motor vehicle in this state
98     without an ignition interlock system in violation of Section 41-6a-518.2; or
99          (xvii) custodial interference, under:
100          (A) Subsection 76-5-303(3), which suspension shall be for a period of 30 days, unless
101     the court provides the division with an order of suspension for a shorter period of time;
102          (B) Subsection 76-5-303(4), which suspension shall be for a period of 90 days, unless
103     the court provides the division with an order of suspension for a shorter period of time; or
104          (C) Subsection 76-5-303(5), which suspension shall be for a period of 180 days, unless
105     the court provides the division with an order of suspension for a shorter period of time.
106          (b) The division shall immediately revoke the license of a person upon receiving a
107     record of an adjudication under Title 78A, Chapter 6, Juvenile Court Act, for:
108          (i) a felony violation of Section 76-10-508 or 76-10-508.1 involving discharging or
109     allowing the discharge of a firearm from a vehicle; or
110          (ii) using, allowing the use of, or causing to be used any explosive, chemical, or
111     incendiary device from a vehicle in violation of Subsection 76-10-306(4)(b).
112          (c) Except when action is taken under Section 53-3-219 for the same offense, the
113     division shall immediately suspend for six months the license of a person upon receiving a
114     record of conviction for:
115          (i) any violation of:
116          (A) Title 58, Chapter 37, Utah Controlled Substances Act;
117          (B) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
118          (C) Title 58, Chapter 37b, Imitation Controlled Substances Act;

119          (D) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act; or
120          (E) Title 58, Chapter 37d, Clandestine Drug Lab Act; or
121          (ii) any criminal offense that prohibits:
122          (A) possession, distribution, manufacture, cultivation, sale, or transfer of any substance
123     that is prohibited under the acts described in Subsection (1)(c)(i); or
124          (B) the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or
125     transfer any substance that is prohibited under the acts described in Subsection (1)(c)(i).
126          (d) (i) The division shall immediately suspend a person's driver license for conviction
127     of the offense of theft of motor vehicle fuel under Section 76-6-404.7 if the division receives:
128          (A) an order from the sentencing court requiring that the person's driver license be
129     suspended; and
130          (B) a record of the conviction.
131          (ii) An order of suspension under this section is at the discretion of the sentencing
132     court, and may not be for more than 90 days for each offense.
133          (e) (i) The division shall immediately suspend for one year the license of a person upon
134     receiving a record of:
135          (A) conviction for the first time for a violation under Section 32B-4-411; or
136          (B) an adjudication under Title 78A, Chapter 6, Juvenile Court Act, for a violation
137     under Section 32B-4-411.
138          (ii) The division shall immediately suspend for a period of two years the license of a
139     person upon receiving a record of:
140          (A) (I) conviction for a second or subsequent violation under Section 32B-4-411; and
141          (II) the violation described in Subsection (1)(e)(ii)(A)(I) is within 10 years of a prior
142     conviction for a violation under Section 32B-4-411; or
143          (B) (I) a second or subsequent adjudication under Title 78A, Chapter 6, Juvenile Court
144     Act of 1996, for a violation under Section 32B-4-411; and
145          (II) the adjudication described in Subsection (1)(e)(ii)(B)(I) is within 10 years of a prior
146     adjudication under Title 78A, Chapter 6, Juvenile Court Act of 1996, for a violation under
147     Section 32B-4-411.
148          (iii) Upon receipt of a record under Subsection (1)(e)(i) or (ii), the division shall:
149          (A) for a conviction or adjudication described in Subsection (1)(e)(i):

150          (I) impose a suspension for one year beginning on the date of conviction; or
151          (II) if the person is under the age of eligibility for a driver license, impose a suspension
152     that begins on the date of conviction and continues for one year beginning on the date of
153     eligibility for a driver license; or
154          (B) for a conviction or adjudication described in Subsection (1)(e)(ii):
155          (I) impose a suspension for a period of two years; or
156          (II) if the person is under the age of eligibility for a driver license, impose a suspension
157     that begins on the date of conviction and continues for two years beginning on the date of
158     eligibility for a driver license.
159          (iv) Upon receipt of the first order suspending a person's driving privileges under
160     Section 32B-4-411, the division shall reduce the suspension period under Subsection (1)(e)(i) if
161     ordered by the court in accordance with Subsection 32B-4-411(3)(a).
162          (v) Upon receipt of the second or subsequent order suspending a person's driving
163     privileges under Section 32B-4-411, the division shall reduce the suspension period under
164     Subsection (1)(e)(ii) if ordered by the court in accordance with Subsection 32B-4-411(3)(b).
165          (2) The division shall extend the period of the first denial, suspension, revocation, or
166     disqualification for an additional like period, to a maximum of one year for each subsequent
167     occurrence, upon receiving:
168          (a) a record of the conviction of any person on a charge of driving a motor vehicle
169     while the person's license is denied, suspended, revoked, or disqualified;
170          (b) a record of a conviction of the person for any violation of the motor vehicle law in
171     which the person was involved as a driver;
172          (c) a report of an arrest of the person for any violation of the motor vehicle law in
173     which the person was involved as a driver; or
174          (d) a report of an accident in which the person was involved as a driver.
175          (3) When the division receives a report under Subsection (2)(c) or (d) that a person is
176     driving while the person's license is denied, suspended, disqualified, or revoked, the person is
177     entitled to a hearing regarding the extension of the time of denial, suspension, disqualification,
178     or revocation originally imposed under Section 53-3-221.
179          (4) (a) The division may extend to a person the limited privilege of driving a motor
180     vehicle to and from the person's place of employment or within other specified limits on

181     recommendation of the judge in any case where a person is convicted of any of the offenses
182     referred to in Subsections (1) and (2) except:
183          (i) automobile homicide under Subsection (1)(a)(i);
184          (ii) those offenses referred to in Subsections (1)(a)(ii), (iii), (xi), (xii), (xiii), (1)(b), and
185     (1)(c); and
186          (iii) those offenses referred to in Subsection (2) when the original denial, suspension,
187     revocation, or disqualification was imposed because of a violation of Section 41-6a-502,
188     41-6a-517, a local ordinance which complies with the requirements of Subsection
189     41-6a-510(1), Section 41-6a-520, or Section 76-5-207, or a criminal prohibition that the person
190     was charged with violating as a result of a plea bargain after having been originally charged
191     with violating one or more of these sections or ordinances, unless:
192          (A) the person has had the period of the first denial, suspension, revocation, or
193     disqualification extended for a period of at least three years;
194          (B) the division receives written verification from the person's primary care physician
195     that:
196          (I) to the physician's knowledge the person has not used any narcotic drug or other
197     controlled substance except as prescribed by a licensed medical practitioner within the last
198     three years; and
199          (II) the physician is not aware of any physical, emotional, or mental impairment that
200     would affect the person's ability to operate a motor vehicle safely; and
201          (C) for a period of one year prior to the date of the request for a limited driving
202     privilege:
203          (I) the person has not been convicted of a violation of any motor vehicle law in which
204     the person was involved as the operator of the vehicle;
205          (II) the division has not received a report of an arrest for a violation of any motor
206     vehicle law in which the person was involved as the operator of the vehicle; and
207          (III) the division has not received a report of an accident in which the person was
208     involved as an operator of a vehicle.
209          (b) (i) Except as provided in Subsection (4)(b)(ii), the discretionary privilege
210     authorized in this Subsection (4):
211          (A) is limited to when undue hardship would result from a failure to grant the

212     privilege; and
213          (B) may be granted only once to any person during any single period of denial,
214     suspension, revocation, or disqualification, or extension of that denial, suspension, revocation,
215     or disqualification.
216          (ii) The discretionary privilege authorized in Subsection (4)(a)(iii):
217          (A) is limited to when the limited privilege is necessary for the person to commute to
218     school or work; and
219          (B) may be granted only once to any person during any single period of denial,
220     suspension, revocation, or disqualification, or extension of that denial, suspension, revocation,
221     or disqualification.
222          (c) A limited CDL may not be granted to a person disqualified under Part 4, Uniform
223     Commercial Driver License Act, or whose license has been revoked, suspended, cancelled, or
224     denied under this chapter.
225          Section 3. Section 76-8-305.5 is amended to read:
226          76-8-305.5. Failure to stop at the command of a peace officer.
227          A person is guilty of a class A misdemeanor who flees from or otherwise attempts to
228     elude a [law enforcement] peace officer:
229          (1) after the officer has issued a verbal or visual command to stop;
230          (2) for the purpose of avoiding arrest; and
231          (3) by any means other than a violation of Section 41-6a-210 regarding failure to stop a
232     vehicle at the command of a law enforcement officer.
233          Section 4. Section 76-8-1403 is amended to read:
234          76-8-1403. Evading law enforcement by going onto school property -- Penalty --
235     Restitution.
236          (1) As used in this section:
237          (a) "School" means any public or private kindergarten, elementary, or secondary school
238     through grade 12, including all buildings and property of the school.
239          (b) "School property" means real property:
240          (i) that is owned or occupied by a public or private school; or
241          (ii) (A) that is temporarily occupied by students for a school-related activity or
242     program; and

243          (B) regarding which, during the time the activity or program is being conducted, the
244     main use of the real property is allocated to participants in the activity or program.
245          (2) A person is guilty of the class A misdemeanor of evading law enforcement while on
246     school property, if the person enters onto school property when:
247          (a) students are attending the school or students are participating in any school-related
248     activity or program on school property; and
249          (b) the person is in the act of fleeing or evading, or attempting to flee or evade, pursuit
250     or apprehension by any peace officer.
251          (3) It is not a defense that the person did not know that the person had entered onto
252     school property.
253          (4) As a part of the sentence for violation of this section, the court shall order the
254     defendant to reimburse the school for costs incurred by the school in responding to the
255     defendant's presence on the school property.
256          (5) The offense under this section of evading law enforcement while on school
257     property is a separate offense from a violation of:
258          (a) Section 41-6a-210, regarding failure to respond to an officer's signal to stop; or
259          (b) Section 76-8-305.5, regarding failure to stop at the command of a [law
260     enforcement] peace officer.