7 LONG TITLE
8 General Description:
9 This bill modifies the penalties for a hit and run accident involving property damage.
10 Highlighted Provisions:
11 This bill:
12 ▸ modifies the penalty for a hit and run accident involving property damage to a class
13 B misdemeanor for an operator that:
14 • has knowledge that the operator was involved in an accident and fails to comply
15 with the statutory requirements; or
16 • has reason to believe that the operator was involved in an accident and fails to
17 comply with the statutory requirements.
18 Money Appropriated in this Bill:
20 Other Special Clauses:
22 Utah Code Sections Affected:
24 41-6a-401, as last amended by Laws of Utah 2018, Chapter 272
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 41-6a-401 is amended to read:
28 41-6a-401. Accident involving property damage -- Duties of operator, occupant,
29 and owner -- Exchange of information -- Notification of law enforcement -- Penalties.
30 (1) As used in this section:
31 (a) "Knowledge" or "with knowledge" means, with respect to an individual's own
32 conduct or to circumstances surrounding an individual's conduct, that the individual is aware of
33 the nature of the conduct or the existing circumstances.
34 (b) "Reason to believe" means information from which a reasonable person would
35 believe that the person may have been involved in an accident.
36 (2) (a) The operator of a vehicle with knowledge that the operator was involved in, or
37 who has reason to believe that the operator may have been involved in, an accident resulting
38 only in damage to another vehicle or other property:
39 (i) may move the vehicle as soon as possible off the roadway or freeway main lines,
40 shoulders, medians, or adjacent areas to the nearest safe location on an exit ramp shoulder, a
41 frontage road, the nearest suitable cross street, or other suitable location that does not obstruct
42 traffic; and
43 (ii) shall remain at the scene of the accident or the location described in Subsection
44 (2)(a)(i) until the operator has fulfilled the requirements of this section.
45 (b) Moving a vehicle as required under Subsection (2)(a)(i) does not affect the
46 determination of fault for an accident.
47 (c) If the operator has knowledge that the operator was involved in, or reason to believe
48 that the operator may have been involved in, an accident resulting in damage to another vehicle
49 or other property only after leaving the scene of the accident, the operator shall immediately
50 comply as nearly as possible with the requirements of this section.
51 (3) Except as provided under Subsection (6), if the vehicle or other property is
52 operated, occupied, or attended by any person or if the owner of the vehicle or property is
53 present, the operator of the vehicle involved in the accident shall:
54 (a) give to the persons involved:
55 (i) the operator's name, address, and the registration number of the vehicle being
56 operated; and
57 (ii) the name of the insurance provider covering the vehicle being operated including
58 the phone number of the agent or provider; and
59 (b) upon request and if available, exhibit the operator's license to:
60 (i) any investigating peace officer present;
61 (ii) the operator, occupant of, or person attending the vehicle or other property
62 damaged in the accident; and
63 (iii) the owner of property damaged in the accident, if present.
64 (4) The operator of a vehicle involved in an accident shall immediately and by the
65 quickest means of communication available give notice or cause to give notice of the accident
66 to the nearest office of a law enforcement agency if the accident resulted in property damage to
67 an apparent extent of $1,500 or more.
68 (5) Except as provided under Subsection (6), if the vehicle or other property damaged
69 in the accident is unattended, the operator of the vehicle involved in the accident shall:
70 (a) locate and notify the operator or owner of the vehicle or the owner of other property
71 damaged in the accident of the operator's name, address, and the registration number of the
72 vehicle causing the damage; or
73 (b) attach securely in a conspicuous place on the vehicle or other property a written
74 notice giving the operator's name, address, and the registration number of the vehicle causing
75 the damage.
76 (6) The operator of a vehicle that provides the information required under this section
77 to an investigating peace officer at the scene of the accident is exempt from providing the
78 information to other persons required under this section.
79 (7) [
80 operator may have been involved in an accident and fails to comply with the provisions of this
81 section is guilty of a class [