1     
HIT AND RUN PENALTIES AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Daniel W. Thatcher

5     
House Sponsor: Lee B. Perry

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to penalties for operators of a vehicle involved in a
10     hit and run accident causing property damage.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines"knowledge" and "with knowledge" with respect to involvement in an
14     accident;
15          ▸     defines the penalty for an individual who has knowledge that the individual was
16     involved in an accident causing property damage and flees the scene without
17     complying with the requirements of the section, including exchange of information;
18     and
19          ▸     makes technical changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          41-6a-401, as last amended by Laws of Utah 2015, Chapter 412
27     

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 41-6a-401 is amended to read:

30          41-6a-401. Accident involving property damage -- Duties of operator, occupant,
31     and owner -- Exchange of information -- Notification of law enforcement -- Penalties.
32          (1) As used in this section[,]:
33          (a) "Knowledge" or "with knowledge" means, with respect to an individual's own
34     conduct or to circumstances surrounding an individual's conduct, that the individual is aware of
35     the nature of the conduct or the existing circumstances.
36          (b) ["reason] "Reason to believe" means information from which a reasonable person
37     would believe that the person may have been involved in an accident.
38          (2) (a) The operator of a vehicle with knowledge that the operator was involved in, or
39     who has reason to believe that the operator may have been involved in, an accident resulting
40     only in damage to another vehicle or other property:
41          (i) may move the vehicle as soon as possible off the roadway or freeway main lines,
42     shoulders, medians, or adjacent areas to the nearest safe location on an exit ramp shoulder, a
43     frontage road, the nearest suitable cross street, or other suitable location that does not obstruct
44     traffic; and
45          (ii) shall remain at the scene of the accident or the location described in Subsection
46     (2)(a)(i) until the operator has fulfilled the requirements of this section.
47          (b) Moving a vehicle as required under Subsection (2)(a)(i) does not affect the
48     determination of fault for an accident.
49          (c) If the operator has knowledge that the operator was involved in, or reason to believe
50     that the operator may have been involved in, an accident resulting in damage to another vehicle
51     or other property only after leaving the scene of the accident, the operator shall immediately
52     comply as nearly as possible with the requirements of this section.
53          (3) Except as provided under Subsection (6), if the vehicle or other property is
54     operated, occupied, or attended by any person or if the owner of the vehicle or property is
55     present, the operator of the vehicle involved in the accident shall:
56          (a) give to the persons involved:
57          (i) the operator's name, address, and the registration number of the vehicle being

58     operated; and
59          (ii) the name of the insurance provider covering the vehicle being operated including
60     the phone number of the agent or provider; and
61          (b) upon request and if available, exhibit the operator's license to:
62          (i) any investigating peace officer present;
63          (ii) the operator, occupant of, or person attending the vehicle or other property
64     damaged in the accident; and
65          (iii) the owner of property damaged in the accident, if present.
66          (4) The operator of a vehicle involved in an accident shall immediately and by the
67     quickest means of communication available give notice or cause to give notice of the accident
68     to the nearest office of a law enforcement agency if the accident resulted in property damage to
69     an apparent extent of $1,500 or more.
70          (5) Except as provided under Subsection (6), if the vehicle or other property damaged
71     in the accident is unattended, the operator of the vehicle involved in the accident shall:
72          (a) locate and notify the operator or owner of the vehicle or the owner of other property
73     damaged in the accident of the operator's name, address, and the registration number of the
74     vehicle causing the damage; or
75          (b) attach securely in a conspicuous place on the vehicle or other property a written
76     notice giving the operator's name, address, and the registration number of the vehicle causing
77     the damage.
78          (6) The operator of a vehicle that provides the information required under this section
79     to an investigating peace officer at the scene of the accident is exempt from providing the
80     information to other persons required under this section.
81          [(7) A violation of this section is a class C misdemeanor.]
82          (7) (a) An operator of a vehicle that has reason to believe that the operator may have
83     been involved in an accident and fails to comply with the provisions of this section is guilty of
84     a class C misdemeanor.
85          (b) An operator of a vehicle that has knowledge that the operator was involved in an

86     accident and fails to comply with the provisions of this section is guilty of a class B
87     misdemeanor.