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7 LONG TITLE
8 General Description:
9 This bill modifies penalties for driving under the influence if the individual is also
10 convicted for driving in the wrong direction during the same occurrence.
11 Highlighted Provisions:
12 This bill:
13 ▸ prohibits a plea to impaired driving if the individual was driving under the influence
14 and if the individual was also driving in the wrong direction on a freeway or
15 controlled-access highway during the same occurrence;
16 ▸ increases the penalty for driving under the influence to a class A misdemeanor if the
17 individual was also driving in the wrong direction on a freeway or controlled-access
18 highway during the same occurrence;
19 ▸ modifies ignition interlock requirements for an individual convicted of driving
20 under the influence if the individual was also driving in the wrong direction on a
21 freeway or controlled-access highway during the same occurrence;
22 ▸ modifies the definition of an alcohol restricted driver to include certain individuals
23 convicted of driving under the influence while also driving in the wrong direction
24 on a freeway or controlled-access highway; and
25 ▸ makes technical changes.
26 Money Appropriated in this Bill:
27 None
28 Other Special Clauses:
29 This bill provides a special effective date.
30 Utah Code Sections Affected:
31 AMENDS:
32 41-6a-503, as last amended by Laws of Utah 2009, Chapter 214
33 41-6a-518.2, as last amended by Laws of Utah 2016, Chapter 149
34 41-6a-529 (Superseded 12/30/18), as last amended by Laws of Utah 2008, Chapter 226
35 41-6a-529 (Effective 12/30/18), as last amended by Laws of Utah 2017, Chapter 283
36
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 41-6a-503 is amended to read:
39 41-6a-503. Penalties for driving under the influence violations.
40 (1) A person who violates for the first or second time Section 41-6a-502 is guilty of a:
41 (a) class B misdemeanor; or
42 (b) class A misdemeanor if the person:
43 (i) has also inflicted bodily injury upon another as a proximate result of having
44 operated the vehicle in a negligent manner;
45 (ii) had a passenger under 16 years of age in the vehicle at the time of the offense; [
46 (iii) was 21 years of age or older and had a passenger under 18 years of age in the
47 vehicle at the time of the offense[
48 (iv) at the time of the violation of Section 41-6a-502, also violated Section 41-6a-714.
49 (2) A person who violates Section 41-6a-502 is guilty of a third degree felony if:
50 (a) the person has also inflicted serious bodily injury upon another as a proximate
51 result of having operated the vehicle in a negligent manner;
52 (b) the person has two or more prior convictions as defined in Subsection
53 41-6a-501(2), each of which is within 10 years of:
54 (i) the current conviction under Section 41-6a-502; or
55 (ii) the commission of the offense upon which the current conviction is based; or
56 (c) the conviction under Section 41-6a-502 is at any time after a conviction of:
57 (i) automobile homicide under Section 76-5-207 that is committed after July 1, 2001;
58 (ii) a felony violation of Section 41-6a-502 or a statute previously in effect in this state
59 that would constitute a violation of Section 41-6a-502 that is committed after July 1, 2001; or
60 (iii) any conviction described in Subsection (2)(c)(i) or (ii) which judgment of
61 conviction is reduced under Section 76-3-402.
62 (3) A person is guilty of a separate offense for each victim suffering bodily injury or
63 serious bodily injury as a result of the person's violation of Section 41-6a-502 or death as a
64 result of the person's violation of Section 76-5-207 whether or not the injuries arise from the
65 same episode of driving.
66 Section 2. Section 41-6a-518.2 is amended to read:
67 41-6a-518.2. Interlock restricted driver -- Penalties for operation without ignition
68 interlock system.
69 (1) As used in this section:
70 (a) " Ignition interlock system" means a constant monitoring device or any similar
71 device that:
72 (i) is in working order at the time of operation or actual physical control; and
73 (ii) is certified by the Commissioner of Public Safety in accordance with Subsection
74 41-6a-518(8).
75 (b) (i) " Interlock restricted driver" means a person who:
76 (A) has been ordered by a court or the Board of Pardons and Parole as a condition of
77 probation or parole not to operate a motor vehicle without an ignition interlock system;
78 (B) within the last 18 months has been convicted of a driving under the influence
79 violation under Section 41-6a-502 that was committed on or after July 1, 2009;
80 (C) (I) within the last three years has been convicted of an offense that occurred after
81 May 1, 2006 which would be a conviction as defined under Section 41-6a-501; and
82 (II) the offense described under Subsection (1)(b)(i)(C)(I) is committed within 10 years
83 from the date that one or more prior offenses was committed if the prior offense resulted in a
84 conviction as defined in Subsection 41-6a-501(2);
85 (D) (I) within the last six years has been convicted of a violation of Section 41-6a-502
86 and Section 41-6a-714 during the same occurrence, and the offense occurred after May 8,
87 2018; and
88 (II) the offense described under Subsection (1)(b)(i)(D)(I) is committed within 10 years
89 from the date that one or more prior offenses were committed if the prior offense resulted in a
90 conviction as defined in Subsection 41-6a-501(2);
91 [
92 [
93 refusal to submit to a chemical test under Section 41-6a-520, which refusal occurred after May
94 1, 2006;
95 [
96 41-6a-502 and was under the age of 21 at the time the offense was committed;
97 (H) within the last four years and six months has been convicted of a violation of
98 Section 41-6a-502 and Section 41-6a-714 during the same occurrence, and the offense occurred
99 after May 8, 2018;
100 [
101 41-6a-502 for an offense that occurred after May 1, 2006; [
102 (J) within the last nine years has been convicted of a felony violation of Section
103 41-6a-502 and a violation of Section 41-6a-714 during the same occurrence, and the offense
104 occurred after May 8, 2018;
105 [
106 Section 76-5-207 for an offense that occurred after May 1, 2006[
107 (L) within the last 13 years has been convicted of a violation of automobile homicide
108 under Section 76-5-207 and a violation of Section 41-6a-714 during the same occurrence, and
109 the offense occurred after May 8, 2018.
110 (ii) " Interlock restricted driver" does not include a person:
111 (A) whose conviction described in Subsection (1)(b)(i)(C)(I) is a conviction under
112 Section 41-6a-517; and
113 (B) whose prior convictions described in Subsection (1)(b)(i)(C)(II) are all convictions
114 under Section 41-6a-517.
115 (2) The division shall post the ignition interlock restriction on a person's electronic
116 record that is available to law enforcement.
117 (3) For purposes of this section, a plea of guilty or no contest to a violation of Section
118 41-6a-502 which plea was held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance,
119 prior to July 1, 2008, is the equivalent of a conviction, even if the charge has been subsequently
120 reduced or dismissed in accordance with the plea in abeyance agreement.
121 (4) An interlock restricted driver who operates or is in actual physical control of a
122 vehicle in the state without an ignition interlock system is guilty of a class B misdemeanor.
123 (5) It is an affirmative defense to a charge of a violation of Subsection (4) if:
124 (a) the interlock restricted driver operated or was in actual physical control of a vehicle
125 owned by the interlock restricted driver's employer;
126 (b) the interlock restricted driver had given written notice to the employer of the
127 interlock restricted driver's interlock restricted status prior to the operation or actual physical
128 control under Subsection (5)(a);
129 (c) the interlock restricted driver had on the interlock restricted driver's person, or in
130 the vehicle, at the time of operation or physical control employer verification, as defined in
131 Subsection 41-6a-518(1); and
132 (d) the operation or actual physical control described in Subsection (5)(a) was in the
133 scope of the interlock restricted driver's employment.
134 (6) The affirmative defense described in Subsection (5) does not apply to:
135 (a) an employer-owned motor vehicle that is made available to an interlock restricted
136 driver for personal use; or
137 (b) a motor vehicle owned by a business entity that is entirely or partly owned or
138 controlled by the interlock restricted driver.
139 Section 3. Section 41-6a-529 (Superseded 12/30/18) is amended to read:
140 41-6a-529 (Superseded 12/30/18). Definitions -- Alcohol restricted drivers.
141 (1) As used in this section and Section 41-6a-530, "alcohol restricted driver" means a
142 person who:
143 (a) within the last two years:
144 (i) has been convicted of:
145 (A) a misdemeanor violation of Section 41-6a-502;
146 (B) alcohol, any drug, or a combination of both-related reckless driving under Section
147 41-6a-512;
148 (C) impaired driving under Section 41-6a-502.5;
149 (D) local ordinances similar to Section 41-6a-502, alcohol, any drug, or a combination
150 of both-related reckless driving, or impaired driving adopted in compliance with Section
151 41-6a-510;
152 (E) a violation described in Subsections (1)(a)(i)(A) through (D), which judgment of
153 conviction is reduced under Section 76-3-402; or
154 (F) statutes or ordinances previously in effect in this state or in effect in any other state,
155 the United States, or any district, possession, or territory of the United States which would
156 constitute a violation of Section 41-6a-502, alcohol, any drug, or a combination of both-related
157 reckless driving, or impaired driving if committed in this state, including punishments
158 administered under 10 U.S.C. Sec. 815; or
159 (ii) has had the person's driving privilege suspended under Section 53-3-223 for an
160 alcohol-related offense based on an arrest which occurred on or after July 1, 2005;
161 (b) within the last three years has been convicted of a violation of this section or
162 Section 41-6a-518.2;
163 (c) within the last five years:
164 (i) has had the person's driving privilege revoked for refusal to submit to a chemical
165 test under Section 41-6a-520, which refusal occurred on or after July 1, 2005; or
166 (ii) has been convicted of a class A misdemeanor violation of Section 41-6a-502
167 committed on or after July 1, 2008;
168 (d) within the last seven years has been convicted of a violation of Section 41-6a-502
169 and Section 41-6a-714 during the same occurrence, and the offense occurred after May 8,
170 2018;
171 [
172 (i) has been convicted of an offense described in Subsection (1)(a)(i) which offense
173 was committed within 10 years of the commission of a prior offense described in Subsection
174 (1)(a)(i) for which the person was convicted; or
175 (ii) has had the person's driving privilege revoked for refusal to submit to a chemical
176 test and the refusal is within 10 years after:
177 (A) a prior refusal to submit to a chemical test under Section 41-6a-520; or
178 (B) a prior conviction for an offense described in Subsection (1)(a)(i) which is not
179 based on the same arrest as the refusal;
180 (f) within the last 15 years has been convicted of a violation of Section 41-6a-502 and
181 Section 41-6a-714 during the same occurrence, which offense was committed within 10 years
182 of the commission of a prior offense described in Subsection (1)(a)(i) for which the person was
183 convicted, and the offense occurred after May 8, 2018;
184 [
185 (i) automobile homicide under Section 76-5-207 for an offense that occurred on or
186 after July 1, 2005; or
187 (ii) a felony violation of Section 41-6a-502 for an offense that occurred on or after July
188 1, 2005; or
189 [
190 (2) For purposes of this section and Section 41-6a-530, a plea of guilty or no contest to
191 a violation described in Subsection (1)(a)(i) which plea was held in abeyance under Title 77,
192 Chapter 2a, Pleas in Abeyance, prior to July 1, 2008, is the equivalent of a conviction, even if
193 the charge has been subsequently reduced or dismissed in accordance with the plea in abeyance
194 agreement.
195 Section 4. Section 41-6a-529 (Effective 12/30/18) is amended to read:
196 41-6a-529 (Effective 12/30/18). Definitions -- Alcohol restricted drivers.
197 (1) As used in this section and Section 41-6a-530, "alcohol restricted driver" means a
198 person who:
199 (a) within the last two years:
200 (i) has been convicted of:
201 (A) a misdemeanor violation of Section 41-6a-502;
202 (B) alcohol, any drug, or a combination of both-related reckless driving under Section
203 41-6a-512;
204 (C) impaired driving under Section 41-6a-502.5;
205 (D) local ordinances similar to Section 41-6a-502, alcohol, any drug, or a combination
206 of both-related reckless driving, or impaired driving adopted in compliance with Section
207 41-6a-510;
208 (E) a violation described in Subsections (1)(a)(i)(A) through (D), which judgment of
209 conviction is reduced under Section 76-3-402; or
210 (F) statutes or ordinances previously in effect in this state or in effect in any other state,
211 the United States, or any district, possession, or territory of the United States which would
212 constitute a violation of Section 41-6a-502, alcohol, any drug, or a combination of both-related
213 reckless driving, or impaired driving if committed in this state, including punishments
214 administered under 10 U.S.C. Sec. 815; or
215 (ii) has had the person's driving privilege suspended under Section 53-3-223 for an
216 alcohol-related offense based on an arrest which occurred on or after July 1, 2005;
217 (b) within the last three years has been convicted of a violation of this section or
218 Section 41-6a-518.2;
219 (c) within the last five years:
220 (i) has had the person's driving privilege revoked for refusal to submit to a chemical
221 test under Section 41-6a-520, which refusal occurred on or after July 1, 2005; or
222 (ii) has been convicted of a class A misdemeanor violation of Section 41-6a-502
223 committed on or after July 1, 2008;
224 (d) within the last seven years has been convicted of a violation of Section 41-6a-502
225 and Section 41-6a-714 during the same occurrence, and the offense occurred after May 8,
226 2018;
227 [
228 (i) has been convicted of an offense described in Subsection (1)(a)(i) which offense
229 was committed within 10 years of the commission of a prior offense described in Subsection
230 (1)(a)(i) for which the person was convicted; or
231 (ii) has had the person's driving privilege revoked for refusal to submit to a chemical
232 test and the refusal is within 10 years after:
233 (A) a prior refusal to submit to a chemical test under Section 41-6a-520; or
234 (B) a prior conviction for an offense described in Subsection (1)(a)(i) which is not
235 based on the same arrest as the refusal;
236 (f) within the last 15 years has been convicted of a violation of Section 41-6a-502 and
237 Section 41-6a-714 during the same occurrence, which offense was committed within 10 years
238 of the commission of a prior offense described in Subsection (1)(a)(i) for which the person was
239 convicted, and the offense occurred after May 8, 2018;
240 [
241 (i) automobile homicide under Section 76-5-207 for an offense that occurred on or
242 after July 1, 2005; or
243 (ii) a felony violation of Section 41-6a-502 for an offense that occurred on or after July
244 1, 2005;
245 [
246 [
247 (2) For purposes of this section and Section 41-6a-530, a plea of guilty or no contest to
248 a violation described in Subsection (1)(a)(i) which plea was held in abeyance under Title 77,
249 Chapter 2a, Pleas in Abeyance, prior to July 1, 2008, is the equivalent of a conviction, even if
250 the charge has been subsequently reduced or dismissed in accordance with the plea in abeyance
251 agreement.
252 Section 5. Effective date.
253 This bill takes effect on May 8, 2018, except that the amendments to Section 41-6a-529
254 (Effective 12/30/18) take effect on December 30, 2018.
Legislative Review Note
Office of Legislative Research and General Counsel