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7 LONG TITLE
8 General Description:
9 This bill relates to assessment and treatment of a substance use disorder.
10 Highlighted Provisions:
11 This bill:
12 ▸ provides that, under certain circumstances, a private entity that conducts an
13 assessment of an individual to determine if substance use disorder treatment is
14 necessary may not also provide substance use disorder treatment to the individual;
15 and
16 ▸ makes technical changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 32B-4-409, as last amended by Laws of Utah 2017, Chapter 330
24 32B-4-410, as last amended by Laws of Utah 2017, Chapters 330 and 455
25 32B-4-411, as last amended by Laws of Utah 2017, Chapter 330
26 41-6a-505, as last amended by Laws of Utah 2018, Chapter 334
27 41-6a-509, as last amended by Laws of Utah 2017, Chapter 446
28 41-6a-517 (Superseded 07/01/19), as last amended by Laws of Utah 2018, Third
29 Special Session, Chapter 1
30 41-6a-517 (Effective 07/01/19), as last amended by Laws of Utah 2018, Third Special
31 Session, Chapter 1
32 53-3-220, as last amended by Laws of Utah 2018, Chapters 121 and 133
33 58-37-8, as last amended by Laws of Utah 2017, Chapter 330
34 58-37a-7, as last amended by Laws of Utah 2017, Chapter 330
35 76-9-701, as last amended by Laws of Utah 2017, Chapter 330
36 77-18-1.1, as last amended by Laws of Utah 2016, Chapter 158
37 78A-6-103, as last amended by Laws of Utah 2018, Chapter 415
38
39 Be it enacted by the Legislature of the state of Utah:
40 Section 1. Section 32B-4-409 is amended to read:
41 32B-4-409. Unlawful purchase, possession, consumption by minor -- Measurable
42 amounts in body.
43 (1) Unless specifically authorized by this title, it is unlawful for a minor to:
44 (a) purchase an alcoholic product;
45 (b) attempt to purchase an alcoholic product;
46 (c) solicit another person to purchase an alcoholic product;
47 (d) possess an alcoholic product;
48 (e) consume an alcoholic product; or
49 (f) have measurable blood, breath, or urine alcohol concentration in the minor's body.
50 (2) It is unlawful for the purpose of purchasing or otherwise obtaining an alcoholic
51 product for a minor for:
52 (a) a minor to misrepresent the minor's age; or
53 (b) any other person to misrepresent the age of a minor.
54 (3) It is unlawful for a minor to possess or consume an alcoholic product while riding
55 in a limousine or chartered bus.
56 (4) (a) If a minor is found by a court to have violated this section and the violation is
57 the minor's first violation of this section, the court may:
58 (i) order the minor to complete a screening as defined in Section 41-6a-501;
59 (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
60 screening indicates an assessment to be appropriate; and
61 (iii) order the minor to complete an educational series as defined in Section 41-6a-501
62 or substance use disorder treatment as indicated by an assessment.
63 (b) If a minor is found by a court to have violated this section and the violation is the
64 minor's second or subsequent violation of this section, the court shall:
65 (i) order the minor to complete a screening as defined in Section 41-6a-501;
66 (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
67 screening indicates an assessment to be appropriate; and
68 (iii) order the minor to complete an educational series as defined in Section 41-6a-501
69 or substance use disorder treatment as indicated by an assessment.
70 (c) In a county of the first or second class, as classified in Section 17-50-501, a private
71 entity that conducts an initial assessment of a minor under this Subsection (4) may not also
72 provide substance use disorder treatment to the minor under this Subsection (4).
73 (5) (a) When a minor who is at least 18 years old, but younger than 21 years old, is
74 found by a court to have violated this section, except as provided in Section 32B-4-411, the
75 court hearing the case shall suspend the minor's driving privileges under Section 53-3-219.
76 (b) Notwithstanding the provision in Subsection (5)(a), the court may reduce the
77 suspension period required under Section 53-3-219 if:
78 (i) the violation is the minor's first violation of this section; and
79 (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
80 (B) the minor demonstrates substantial progress in substance use disorder treatment.
81 (c) Notwithstanding the requirement in Subsection (5)(a) and in accordance with the
82 requirements of Section 53-3-219, the court may reduce the suspension period required under
83 Section 53-3-219 if:
84 (i) the violation is the minor's second or subsequent violation of this section;
85 (ii) the minor has completed an educational series as defined in Section 41-6a-501 or
86 demonstrated substantial progress in substance use disorder treatment; and
87 (iii) (A) the person is 18 years of age or older and provides a sworn statement to the
88 court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
89 consecutive period during the suspension period imposed under Subsection (5)(a); or
90 (B) the person is under 18 years of age and has the person's parent or legal guardian
91 provide an affidavit or sworn statement to the court certifying that to the parent or legal
92 guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at least a
93 one-year consecutive period during the suspension period imposed under Subsection (5)(a).
94 (6) When a minor who is younger than 18 years old is found by the court to have
95 violated this section, Section 78A-6-606 applies to the violation.
96 (7) (a) Notwithstanding Subsections (5)(a) and (b), if a minor is adjudicated under
97 Section 78A-6-117, the court may only order substance use disorder treatment or an
98 educational series if the minor has an assessed need for the intervention on the basis of the
99 results of a validated assessment.
100 (b) In a county of the first or second class, as classified in Section 17-50-501, a private
101 entity that conducts an initial assessment of a minor under this Subsection (7) may not also
102 provide substance use disorder treatment to the minor under this Subsection (7).
103 (8) When a court issues an order suspending a person's driving privileges for a
104 violation of this section, the Driver License Division shall suspend the person's license under
105 Section 53-3-219.
106 (9) When the Department of Public Safety receives the arrest or conviction record of a
107 person for a driving offense committed while the person's license is suspended pursuant to this
108 section, the Department of Public Safety shall extend the suspension for an additional like
109 period of time.
110 (10) This section does not apply to a minor's consumption of an alcoholic product in
111 accordance with this title:
112 (a) for medicinal purposes if:
113 (i) the minor is at least 18 years old; or
114 (ii) the alcoholic product is furnished by:
115 (A) the parent or guardian of the minor; or
116 (B) the minor's health care practitioner, if the health care practitioner is authorized by
117 law to write a prescription; or
118 (b) as part of a religious organization's religious services.
119 Section 2. Section 32B-4-410 is amended to read:
120 32B-4-410. Unlawful admittance or attempt to gain admittance by minor.
121 (1) It is unlawful for a minor to gain admittance or attempt to gain admittance to the
122 premises of:
123 (a) a tavern; or
124 (b) a bar licensee, except to the extent authorized by Section 32B-6-406.1.
125 (2) A minor who violates this section is guilty of a class C misdemeanor.
126 (3) (a) If a minor is found by a court to have violated this section and the violation is
127 the minor's first violation of this section, the court may:
128 (i) order the minor to complete a screening as defined in Section 41-6a-501;
129 (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
130 screening indicates an assessment to be appropriate; and
131 (iii) order the minor to complete an educational series as defined in Section 41-6a-501
132 or substance use disorder treatment as indicated by an assessment.
133 (b) If a minor is found by a court to have violated this section and the violation is the
134 minor's second or subsequent violation of this section, the court shall:
135 (i) order the minor to complete a screening as defined in Section 41-6a-501;
136 (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
137 screening indicates an assessment to be appropriate; and
138 (iii) order the minor to complete an educational series as defined in Section 41-6a-501
139 or substance use disorder treatment as indicated by an assessment.
140 (c) In a county of the first or second class, as classified in Section 17-50-501, a private
141 entity that conducts an initial assessment of a minor under this Subsection (3) may not also
142 provide substance use disorder treatment to the minor under this Subsection (3).
143 (4) (a) When a minor who is at least 18 years old, but younger than 21 years old, is
144 found by a court to have violated this section, except as provided in Section 32B-4-411, the
145 court hearing the case shall suspend the minor's driving privileges under Section 53-3-219.
146 (b) Notwithstanding Subsection (4)(a), the court may reduce the suspension period
147 required under Section 53-3-219 if:
148 (i) the violation is the minor's first violation of this section; and
149 (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
150 (B) the minor demonstrates substantial progress in substance use disorder treatment.
151 (c) Notwithstanding Subsection (4)(a) and in accordance with Section 53-3-219, the
152 court may reduce the suspension period required under Section 53-3-219 if:
153 (i) the violation is the minor's second or subsequent violation of this section;
154 (ii) the minor has completed an educational series as defined in Section 41-6a-501 or
155 demonstrated substantial progress in substance use disorder treatment; and
156 (iii) (A) the person is 18 years of age or older and provides a sworn statement to the
157 court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
158 consecutive period during the suspension period imposed under Subsection (4)(a); or
159 (B) the person is under 18 years of age and has the person's parent or legal guardian
160 provide an affidavit or sworn statement to the court certifying that to the parent or legal
161 guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at least a
162 one-year consecutive period during the suspension period imposed under Subsection (4)(a).
163 (5) When a minor who is younger than 18 years old is found by a court to have violated
164 this section, Section 78A-6-606 applies to the violation.
165 (6) (a) Notwithstanding Subsections (3)(a) and (b), if a minor is adjudicated under
166 Section 78A-6-117, the court may only order substance use disorder treatment or an
167 educational series if the minor has an assessed need for the intervention on the basis of the
168 results of a validated assessment.
169 (b) In a county of the first or second class, as classified in Section 17-50-501, a private
170 entity that conducts an initial assessment of a minor under this Subsection (6) may not also
171 provide substance use disorder treatment to the minor under this Subsection (6).
172 (7) When a court issues an order suspending a person's driving privileges for a
173 violation of this section, the Driver License Division shall suspend the person's license under
174 Section 53-3-219.
175 (8) When the Department of Public Safety receives the arrest or conviction record of a
176 person for a driving offense committed while the person's license is suspended pursuant to this
177 section, the Department of Public Safety shall extend the suspension for an additional like
178 period of time.
179 Section 3. Section 32B-4-411 is amended to read:
180 32B-4-411. Minor's unlawful use of proof of age.
181 (1) As used in this section, "proof of age violation" means a violation by a minor of:
182 (a) Chapter 1, Part 4, Proof of Age Act; or
183 (b) if as part of the violation the minor uses a proof of age in violation of Chapter 1,
184 Part 4, Proof of Age Act:
185 (i) Section 32B-4-409; or
186 (ii) Section 32B-4-410.
187 (2) If a court finds a minor engaged in a proof of age violation, notwithstanding the
188 penalties provided for in Subsection (1):
189 (a) (i) for a first violation, the minor is guilty of a class B misdemeanor;
190 (ii) for a second violation, the minor is guilty of a class A misdemeanor; and
191 (iii) for a third or subsequent violation, the minor is guilty of a class A misdemeanor,
192 except that the court may impose:
193 (A) a fine of up to $5,000;
194 (B) screening, assessment, or substance use disorder treatment, as defined in Section
195 41-6a-501;
196 (C) an educational series, as defined in Section 41-6a-501;
197 (D) alcoholic product related community service or compensatory service work
198 program hours;
199 (E) fees for restitution and treatment costs;
200 (F) defensive driver education courses; or
201 (G) a combination of these penalties; and
202 (b) (i) for a minor who is younger than 18 years old:
203 (A) the court may forward to the Driver License Division a record of an adjudication
204 under Title 78A, Chapter 6, Juvenile Court Act, for a violation under this section; and
205 (B) the provisions regarding suspension of a driver license under Section 78A-6-606
206 apply; and
207 (ii) for a minor who is at least 18 years old, but younger than 21 years old:
208 (A) the court shall forward to the Driver License Division a record of conviction for a
209 violation under this section; and
210 (B) the Driver License Division shall suspend the person's license under Section
211 53-3-220.
212 [
213 78A-6-117, the court may order:
214 [
215 an assessed need for the intervention based on the results of a validated assessment; and
216 [
217 (4) In a county of the first or second class, as classified in Section 17-50-501, a private
218 entity that conducts an initial assessment of a minor under Subsections (2) or (3) may not also
219 provide substance use disorder treatment to the minor under Subsections (2) or (3).
220 [
221 period under Subsection 53-3-220(1)(e) or 78A-6-606[
222 (i) the violation is the minor's first violation of this section; and
223 (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
224 (B) the minor demonstrates substantial progress in substance use disorder treatment.
225 (b) Notwithstanding the requirement in Subsection (2)(b), the court may reduce the
226 suspension period under Subsection 53-3-220(1)(e) or 78A-6-606[
227 (i) the violation is the minor's second or subsequent violation of this section;
228 (ii) the person has completed an educational series as defined in Section 41-6a-501 or
229 demonstrated substantial progress in substance use disorder treatment; and
230 (iii) (A) the person is 18 years of age or older and provides a sworn statement to the
231 court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
232 consecutive period during the suspension period imposed under Subsection 53-3-220(1)(e) or
233 78A-6-606[
234 (B) the minor is under 18 years of age and has the minor's parent or legal guardian
235 provide an affidavit or sworn statement to the court certifying that to the parent or legal
236 guardian's knowledge the minor has not unlawfully consumed alcohol or drugs for at least a
237 one-year consecutive period during the suspension period imposed under Subsection
238 53-3-220(1)(e) or 78A-6-606[
239 [
240 of an individual for a driving offense committed while the individual's license is suspended
241 pursuant to this section, the Department of Public Safety shall extend the suspension for an
242 additional like period of time.
243 [
244 a plea in abeyance agreement.
245 Section 4. Section 41-6a-505 is amended to read:
246 41-6a-505. Sentencing requirements for driving under the influence of alcohol,
247 drugs, or a combination of both violations.
248 (1) As part of any sentence for a first conviction of Section 41-6a-502:
249 (a) the court shall:
250 (i) (A) impose a jail sentence of not less than 48 consecutive hours; or
251 (B) require the individual to work in a compensatory-service work program for not less
252 than 48 hours;
253 (ii) order the individual to participate in a screening;
254 (iii) order the individual to participate in an assessment, if it is found appropriate by a
255 screening under Subsection (1)(a)(ii);
256 (iv) order the individual to participate in an educational series if the court does not
257 order substance abuse treatment as described under Subsection (1)(b);
258 (v) impose a fine of not less than $700;
259 (vi) order probation for the individual in accordance with Section 41-6a-507, if there is
260 admissible evidence that the individual had a blood alcohol level of .16 or higher;
261 (vii) (A) order the individual to pay the administrative impound fee described in
262 Section 41-6a-1406; or
263 (B) if the administrative impound fee was paid by a party described in Subsection
264 41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
265 reimburse the party; or
266 (viii) (A) order the individual to pay the towing and storage fees described in Section
267 72-9-603; or
268 (B) if the towing and storage fees were paid by a party described in Subsection
269 41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
270 reimburse the party; and
271 (b) the court may:
272 (i) order the individual to obtain substance abuse treatment if the substance abuse
273 treatment program determines that substance abuse treatment is appropriate;
274 (ii) order probation for the individual in accordance with Section 41-6a-507;
275 (iii) order the individual to participate in a 24-7 sobriety program as defined in Section
276 41-6a-515.5 if the individual is 21 years of age or older; or
277 (iv) order a combination of Subsections (1)(b)(i) through (iii).
278 (2) If an individual has a prior conviction as defined in Subsection 41-6a-501(2) that is
279 within 10 years of the current conviction under Section 41-6a-502 or the commission of the
280 offense upon which the current conviction is based:
281 (a) the court shall:
282 (i) (A) impose a jail sentence of not less than 240 hours; or
283 (B) impose a jail sentence of not less than 120 hours in addition to home confinement
284 of not fewer than 720 consecutive hours through the use of electronic monitoring that includes
285 a substance abuse testing instrument in accordance with Section 41-6a-506;
286 (ii) order the individual to participate in a screening;
287 (iii) order the individual to participate in an assessment, if it is found appropriate by a
288 screening under Subsection (2)(a)(ii);
289 (iv) order the individual to participate in an educational series if the court does not
290 order substance abuse treatment as described under Subsection (2)(b);
291 (v) impose a fine of not less than $800;
292 (vi) order probation for the individual in accordance with Section 41-6a-507;
293 (vii) (A) order the individual to pay the administrative impound fee described in
294 Section 41-6a-1406; or
295 (B) if the administrative impound fee was paid by a party described in Subsection
296 41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
297 reimburse the party; or
298 (viii) (A) order the individual to pay the towing and storage fees described in Section
299 72-9-603; or
300 (B) if the towing and storage fees were paid by a party described in Subsection
301 41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
302 reimburse the party; and
303 (b) the court may:
304 (i) order the individual to obtain substance abuse treatment if the substance abuse
305 treatment program determines that substance abuse treatment is appropriate;
306 (ii) order the individual to participate in a 24-7 sobriety program as defined in Section
307 41-6a-515.5 if the individual is 21 years of age or older; or
308 (iii) order a combination of Subsections (2)(b)(i) and (ii).
309 (3) Under Subsection 41-6a-503(2), if the court suspends the execution of a prison
310 sentence and places the defendant on probation, the court shall impose:
311 (a) a fine of not less than $1,500;
312 (b) a jail sentence of not less than 1,500 hours; and
313 (c) supervised probation.
314 (4) For Subsection (3)(a) or Subsection 41-6a-503(2)(b), the court:
315 (a) shall impose an order requiring the individual to obtain a screening and assessment
316 for alcohol and substance abuse, and treatment as appropriate; and
317 (b) may impose an order requiring the individual to participate in a 24-7 sobriety
318 program as defined in Section 41-6a-515.5 if the individual is 21 years of age or older.
319 (5) The requirements of Subsections (1)(a), (2)(a), (3), and (4) may not be suspended.
320 (6) If an individual is convicted of a violation of Section 41-6a-502 and there is
321 admissible evidence that the individual had a blood alcohol level of .16 or higher, the court
322 shall order the following, or describe on record why the order or orders are not appropriate:
323 (a) treatment as described under Subsection (1)(b), (2)(b), or (4); and
324 (b) one or more of the following:
325 (i) the installation of an ignition interlock system as a condition of probation for the
326 individual in accordance with Section 41-6a-518;
327 (ii) the imposition of an ankle attached continuous transdermal alcohol monitoring
328 device as a condition of probation for the individual; or
329 (iii) the imposition of home confinement through the use of electronic monitoring in
330 accordance with Section 41-6a-506.
331 (7) In a county of the first or second class, as classified in Section 17-50-501, a private
332 entity that conducts an initial assessment of an individual under this section based on a
333 misdemeanor charge may not also provide substance abuse treatment to the individual under
334 this section.
335 Section 5. Section 41-6a-509 is amended to read:
336 41-6a-509. Driver license suspension or revocation for a driving under the
337 influence violation.
338 (1) The Driver License Division shall, if the person is 21 years of age or older at the
339 time of arrest:
340 (a) suspend for a period of 120 days the operator's license of a person convicted for the
341 first time under Section 41-6a-502 of an offense committed on or after July 1, 2009; or
342 (b) revoke for a period of two years the license of a person if:
343 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
344 (ii) the current driving under the influence violation under Section 41-6a-502 is
345 committed:
346 (A) within a period of 10 years from the date of the prior violation; and
347 (B) on or after July 1, 2009.
348 (2) The Driver License Division shall, if the person is 19 years of age or older but
349 under 21 years of age at the time of arrest:
350 (a) suspend the person's driver license until the person is 21 years of age or for a period
351 of one year, whichever is longer, if the person is convicted for the first time of a driving under
352 the influence violation under Section 41-6a-502 of an offense that was committed on or after
353 July 1, 2011;
354 (b) deny the person's application for a license or learner's permit until the person is 21
355 years of age or for a period of one year, whichever is longer, if the person:
356 (i) is convicted for the first time of a driving under the influence violation under
357 Section 41-6a-502 of an offense committed on or after July 1, 2011; and
358 (ii) has not been issued an operator license;
359 (c) revoke the person's driver license until the person is 21 years of age or for a period
360 of two years, whichever is longer, if:
361 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
362 (ii) the current driving under the influence violation under Section 41-6a-502 is
363 committed on or after July 1, 2009, and within a period of 10 years from the date of the prior
364 violation; or
365 (d) deny the person's application for a license or learner's permit until the person is 21
366 years of age or for a period of two years, whichever is longer, if:
367 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2);
368 (ii) the current driving under the influence violation under Section 41-6a-502 is
369 committed on or after July 1, 2009, and within a period of 10 years from the date of the prior
370 violation; and
371 (iii) the person has not been issued an operator license.
372 (3) The Driver License Division shall, if the person is under 19 years of age at the time
373 of arrest:
374 (a) suspend the person's driver license until the person is 21 years of age if the person
375 is convicted for the first time of a driving under the influence violation under Section
376 41-6a-502 of an offense that was committed on or after July 1, 2009;
377 (b) deny the person's application for a license or learner's permit until the person is 21
378 years of age if the person:
379 (i) is convicted for the first time of a driving under the influence violation under
380 Section 41-6a-502 of an offense committed on or after July 1, 2009; and
381 (ii) has not been issued an operator license;
382 (c) revoke the person's driver license until the person is 21 years of age if:
383 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
384 (ii) the current driving under the influence violation under Section 41-6a-502 is
385 committed on or after July 1, 2009, and within a period of 10 years from the date of the prior
386 violation; or
387 (d) deny the person's application for a license or learner's permit until the person is 21
388 years of age if:
389 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2);
390 (ii) the current driving under the influence violation under Section 41-6a-502 is
391 committed on or after July 1, 2009, and within a period of 10 years from the date of the prior
392 violation; and
393 (iii) the person has not been issued an operator license.
394 (4) The Driver License Division shall suspend or revoke the license of a person as
395 ordered by the court under Subsection (10).
396 (5) The Driver License Division shall:
397 (a) deny, suspend, or revoke the operator's license of a person convicted under Section
398 41-6a-502 of an offense that was committed prior to July 1, 2009, for the denial, suspension, or
399 revocation periods in effect prior to July 1, 2009; or
400 (b) deny, suspend, or revoke the operator's license of a person for the denial,
401 suspension, or revocation periods in effect from July 1, 2009, through June 30, 2011, if:
402 (i) the person was 20 years of age or older but under 21 years of age at the time of
403 arrest; and
404 (ii) the conviction under Section 41-6a-502 is for an offense that was committed on or
405 after July 1, 2009, and prior to July 1, 2011.
406 (6) The Driver License Division shall subtract from any suspension or revocation
407 period the number of days for which a license was previously suspended under Section
408 53-3-223 or 53-3-231, if the previous suspension was based on the same occurrence upon
409 which the record of conviction is based.
410 (7) If a conviction recorded as impaired driving is amended to a driving under the
411 influence conviction under Section 41-6a-502 in accordance with Subsection
412 41-6a-502.5(3)(a)(ii), the Driver License Division:
413 (a) may not subtract from any suspension or revocation any time for which a license
414 was previously suspended or revoked under Section 53-3-223 or 53-3-231; and
415 (b) shall start the suspension or revocation time under Subsection (1) on the date of the
416 amended conviction.
417 (8) A court that reported a conviction of a violation of Section 41-6a-502 for a
418 violation that occurred on or after July 1, 2009, to the Driver License Division may shorten the
419 suspension period imposed under Subsection (2)(a) or (b) or Subsection (3)(a) or (b) prior to
420 completion of the suspension period if the person:
421 (a) completes at least six months of the license suspension;
422 (b) completes a screening;
423 (c) completes an assessment, if it is found appropriate by a screening under Subsection
424 (8)(b);
425 (d) completes substance abuse treatment if it is found appropriate by the assessment
426 under Subsection (8)(c);
427 (e) completes an educational series if substance abuse treatment is not required by an
428 assessment under Subsection (8)(c) or the court does not order substance abuse treatment;
429 (f) has not been convicted of a violation of any motor vehicle law in which the person
430 was involved as the operator of the vehicle during the suspension period imposed under
431 Subsection (2)(a) or (b) or Subsection (3)(a) or (b);
432 (g) has complied with all the terms of the person's probation or all orders of the court if
433 not ordered to probation; and
434 (h) (i) is 18 years of age or older and provides a sworn statement to the court that the
435 person has not unlawfully consumed alcohol during the suspension period imposed under
436 Subsection (2)(a) or (b) or Subsection (3)(a) or (b); or
437 (ii) is under 18 years of age and has the person's parent or legal guardian provide an
438 affidavit or sworn statement to the court certifying that to the parent or legal guardian's
439 knowledge the person has not unlawfully consumed alcohol during the suspension period
440 imposed under Subsection (2)(a) or (b) or Subsection (3)(a) or (b).
441 (9) If the court shortens a person's license suspension period in accordance with the
442 requirements of Subsection (8), the court shall forward the order shortening the person's
443 suspension period prior to the completion of the suspension period imposed under Subsection
444 (2)(a) or (b) or Subsection (3)(a) or (b) to the Driver License Division.
445 (10) (a) (i) In addition to any other penalties provided in this section, a court may order
446 the operator's license of a person who is convicted of a violation of Section 41-6a-502 to be
447 suspended or revoked for an additional period of 90 days, 120 days, 180 days, one year, or two
448 years to remove from the highways those persons who have shown they are safety hazards.
449 (ii) The additional suspension or revocation period provided in this Subsection (10)
450 shall begin the date on which the individual would be eligible to reinstate the individual's
451 driving privilege for a violation of Section 41-6a-502.
452 (b) If the court suspends or revokes the person's license under this Subsection (10), the
453 court shall prepare and send to the Driver License Division an order to suspend or revoke that
454 person's driving privileges for a specified period of time.
455 (11) (a) The court shall notify the Driver License Division if a person fails to:
456 (i) complete all court ordered:
457 (A) screening;
458 (B) assessment;
459 (C) educational series;
460 (D) substance abuse treatment; and
461 (E) hours of work in a compensatory-service work program; or
462 (ii) pay all fines and fees, including fees for restitution and treatment costs.
463 (b) Upon receiving the notification described in Subsection (11)(a), the division shall
464 suspend the person's driving privilege in accordance with Subsections 53-3-221(2) and (3).
465 (12) (a) A court that reported a conviction of a violation of Section 41-6a-502 to the
466 Driver License Division may shorten the suspension period imposed under Subsection (1)
467 before completion of the suspension period if the person is participating in or has successfully
468 completed a 24-7 sobriety program as defined in Section 41-6a-515.5.
469 (b) If the court shortens a person's license suspension period in accordance with the
470 requirements of this Subsection (12), the court shall forward to the Driver License Division the
471 order shortening the person's suspension period.
472 (c) The court shall notify the Driver License Division if a person fails to complete all
473 requirements of a 24-7 sobriety program.
474 (d) Upon receiving the notification described in Subsection (12)(c), the division shall
475 suspend the person's driving privilege in accordance with Subsections 53-3-221(2) and (3).
476 (13) In a county of the first or second class, as classified in Section 17-50-501, a
477 private entity that conducts an initial assessment of a person under this section based on a
478 misdemeanor charge may not also provide substance abuse treatment to the person under this
479 section.
480 Section 6. Section 41-6a-517 (Superseded 07/01/19) is amended to read:
481 41-6a-517 (Superseded 07/01/19). Definitions -- Driving with any measurable
482 controlled substance in the body -- Penalties -- Arrest without warrant.
483 (1) As used in this section:
484 (a) "Controlled substance" means the same as that term is defined in Section 58-37-2.
485 (b) "Practitioner" means the same as that term is defined in Section 58-37-2.
486 (c) "Prescribe" means the same as that term is defined in Section 58-37-2.
487 (d) "Prescription" means the same as that term is defined in Section 58-37-2.
488 (2) In cases not amounting to a violation of Section 41-6a-502, a person may not
489 operate or be in actual physical control of a motor vehicle within this state if the person has any
490 measurable controlled substance or metabolite of a controlled substance in the person's body.
491 (3) It is an affirmative defense to prosecution under this section that the controlled
492 substance was:
493 (a) involuntarily ingested by the accused;
494 (b) prescribed by a practitioner for use by the accused;
495 (c) cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage
496 form that the accused ingested in accordance with Title 26, Chapter 61a, Utah Medical
497 Cannabis Act; or
498 (d) otherwise legally ingested.
499 (4) (a) A person convicted of a violation of Subsection (2) is guilty of a class B
500 misdemeanor.
501 (b) A person who violates this section is subject to conviction and sentencing under
502 both this section and any applicable offense under Section 58-37-8.
503 (5) A peace officer may, without a warrant, arrest a person for a violation of this
504 section when the officer has probable cause to believe the violation has occurred, although not
505 in the officer's presence, and if the officer has probable cause to believe that the violation was
506 committed by the person.
507 (6) The Driver License Division shall, if the person is 21 years of age or older on the
508 date of arrest:
509 (a) suspend, for a period of 120 days, the driver license of a person convicted under
510 Subsection (2) of an offense committed on or after July 1, 2009; or
511 (b) revoke, for a period of two years, the driver license of a person if:
512 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
513 (ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
514 and within a period of 10 years after the date of the prior violation.
515 (7) The Driver License Division shall, if the person is 19 years of age or older but
516 under 21 years of age on the date of arrest:
517 (a) suspend, until the person is 21 years of age or for a period of one year, whichever is
518 longer, the driver license of a person convicted under Subsection (2) of an offense committed
519 on or after July 1, 2011; or
520 (b) revoke, until the person is 21 years of age or for a period of two years, whichever is
521 longer, the driver license of a person if:
522 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
523 (ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
524 and within a period of 10 years after the date of the prior violation.
525 (8) The Driver License Division shall, if the person is under 19 years of age on the date
526 of arrest:
527 (a) suspend, until the person is 21 years of age, the driver license of a person convicted
528 under Subsection (2) of an offense committed on or after July 1, 2009; or
529 (b) revoke, until the person is 21 years of age, the driver license of a person if:
530 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
531 (ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
532 and within a period of 10 years after the date of the prior violation.
533 (9) The Driver License Division shall subtract from any suspension or revocation
534 period the number of days for which a license was previously suspended under Section
535 53-3-223 or 53-3-231, if the previous suspension was based on the same occurrence upon
536 which the record of conviction is based.
537 (10) The Driver License Division shall:
538 (a) deny, suspend, or revoke a person's license for the denial and suspension periods in
539 effect prior to July 1, 2009, for a conviction of a violation under Subsection (2) that was
540 committed prior to July 1, 2009; or
541 (b) deny, suspend, or revoke the operator's license of a person for the denial,
542 suspension, or revocation periods in effect from July 1, 2009, through June 30, 2011, if:
543 (i) the person was 20 years of age or older but under 21 years of age at the time of
544 arrest; and
545 (ii) the conviction under Subsection (2) is for an offense that was committed on or after
546 July 1, 2009, and prior to July 1, 2011.
547 (11) A court that reported a conviction of a violation of this section for a violation that
548 occurred on or after July 1, 2009, to the Driver License Division may shorten the suspension
549 period imposed under Subsection (7)(a) or (8)(a) prior to completion of the suspension period
550 if the person:
551 (a) completes at least six months of the license suspension;
552 (b) completes a screening;
553 (c) completes an assessment, if it is found appropriate by a screening under Subsection
554 (11)(b);
555 (d) completes substance abuse treatment if it is found appropriate by the assessment
556 under Subsection (11)(c);
557 (e) completes an educational series if substance abuse treatment is not required by the
558 assessment under Subsection (11)(c) or the court does not order substance abuse treatment;
559 (f) has not been convicted of a violation of any motor vehicle law in which the person
560 was involved as the operator of the vehicle during the suspension period imposed under
561 Subsection (7)(a) or (8)(a);
562 (g) has complied with all the terms of the person's probation or all orders of the court if
563 not ordered to probation; and
564 (h) (i) is 18 years of age or older and provides a sworn statement to the court that the
565 person has not consumed a controlled substance not prescribed by a practitioner for use by the
566 person or unlawfully consumed alcohol during the suspension period imposed under
567 Subsection (7)(a) or (8)(a); or
568 (ii) is under 18 years of age and has the person's parent or legal guardian provide an
569 affidavit or other sworn statement to the court certifying that to the parent or legal guardian's
570 knowledge the person has not consumed a controlled substance not prescribed by a practitioner
571 for use by the person or unlawfully consumed alcohol during the suspension period imposed
572 under Subsection (7)(a) or (8)(a).
573 (12) If the court shortens a person's license suspension period in accordance with the
574 requirements of Subsection (11), the court shall forward the order shortening the person's
575 license suspension period prior to the completion of the suspension period imposed under
576 Subsection (7)(a) or (8)(a) to the Driver License Division.
577 (13) (a) The court shall notify the Driver License Division if a person fails to:
578 (i) complete all court ordered screening and assessment, educational series, and
579 substance abuse treatment; or
580 (ii) pay all fines and fees, including fees for restitution and treatment costs.
581 (b) Upon receiving the notification, the division shall suspend the person's driving
582 privilege in accordance with Subsections 53-3-221(2) and (3).
583 (14) The court:
584 (a) shall order supervised probation in accordance with Section 41-6a-507 for a person
585 convicted under Subsection (2); and
586 (b) may order a person convicted under Subsection (2) to participate in a 24-7 sobriety
587 program as defined in Section 41-6a-515.5 if the person is 21 years of age or older.
588 (15) (a) A court that reported a conviction of a violation of this section to the Driver
589 License Division may shorten the suspension period imposed under Subsection (6) before
590 completion of the suspension period if the person is participating in or has successfully
591 completed a 24-7 sobriety program as defined in Section 41-6a-515.5.
592 (b) If the court shortens a person's license suspension period in accordance with the
593 requirements of this Subsection (15), the court shall forward to the Driver License Division the
594 order shortening the person's suspension period.
595 (c) The court shall notify the Driver License Division if a person fails to complete all
596 requirements of a 24-7 sobriety program.
597 (d) Upon receiving the notification described in Subsection (15)(c), the division shall
598 suspend the person's driving privilege in accordance with Subsections 53-3-221(2) and (3).
599 (16) In a county of the first or second class, as classified in Section 17-50-501, a
600 private entity that conducts an initial assessment of a person under this section based on a
601 misdemeanor charge may not also provide substance abuse treatment to the person under this
602 section.
603 Section 7. Section 41-6a-517 (Effective 07/01/19) is amended to read:
604 41-6a-517 (Effective 07/01/19). Definitions -- Driving with any measurable
605 controlled substance in the body -- Penalties -- Arrest without warrant.
606 (1) As used in this section:
607 (a) "Controlled substance" means the same as that term is defined in Section 58-37-2.
608 (b) "Practitioner" means the same as that term is defined in Section 58-37-2.
609 (c) "Prescribe" means the same as that term is defined in Section 58-37-2.
610 (d) "Prescription" means the same as that term is defined in Section 58-37-2.
611 (2) In cases not amounting to a violation of Section 41-6a-502, a person may not
612 operate or be in actual physical control of a motor vehicle within this state if the person has any
613 measurable controlled substance or metabolite of a controlled substance in the person's body.
614 (3) It is an affirmative defense to prosecution under this section that the controlled
615 substance was:
616 (a) involuntarily ingested by the accused;
617 (b) prescribed by a practitioner for use by the accused;
618 (c) cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage
619 form that the accused ingested in accordance with Title 26, Chapter 61a, Utah Medical
620 Cannabis Act; or
621 (d) otherwise legally ingested.
622 (4) (a) A person convicted of a violation of Subsection (2) is guilty of a class B
623 misdemeanor.
624 (b) A person who violates this section is subject to conviction and sentencing under
625 both this section and any applicable offense under Section 58-37-8.
626 (5) A peace officer may, without a warrant, arrest a person for a violation of this
627 section when the officer has probable cause to believe the violation has occurred, although not
628 in the officer's presence, and if the officer has probable cause to believe that the violation was
629 committed by the person.
630 (6) The Driver License Division shall, if the person is 21 years of age or older on the
631 date of arrest:
632 (a) suspend, for a period of 120 days, the driver license of a person convicted under
633 Subsection (2) of an offense committed on or after July 1, 2009; or
634 (b) revoke, for a period of two years, the driver license of a person if:
635 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
636 (ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
637 and within a period of 10 years after the date of the prior violation.
638 (7) The Driver License Division shall, if the person is 19 years of age or older but
639 under 21 years of age on the date of arrest:
640 (a) suspend, until the person is 21 years of age or for a period of one year, whichever is
641 longer, the driver license of a person convicted under Subsection (2) of an offense committed
642 on or after July 1, 2011; or
643 (b) revoke, until the person is 21 years of age or for a period of two years, whichever is
644 longer, the driver license of a person if:
645 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
646 (ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
647 and within a period of 10 years after the date of the prior violation.
648 (8) The Driver License Division shall, if the person is under 19 years of age on the date
649 of arrest:
650 (a) suspend, until the person is 21 years of age, the driver license of a person convicted
651 under Subsection (2) of an offense committed on or after July 1, 2009; or
652 (b) revoke, until the person is 21 years of age, the driver license of a person if:
653 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
654 (ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
655 and within a period of 10 years after the date of the prior violation.
656 (9) The Driver License Division shall subtract from any suspension or revocation
657 period the number of days for which a license was previously suspended under Section
658 53-3-223 or 53-3-231, if the previous suspension was based on the same occurrence upon
659 which the record of conviction is based.
660 (10) The Driver License Division shall:
661 (a) deny, suspend, or revoke a person's license for the denial and suspension periods in
662 effect prior to July 1, 2009, for a conviction of a violation under Subsection (2) that was
663 committed prior to July 1, 2009; or
664 (b) deny, suspend, or revoke the operator's license of a person for the denial,
665 suspension, or revocation periods in effect from July 1, 2009, through June 30, 2011, if:
666 (i) the person was 20 years of age or older but under 21 years of age at the time of
667 arrest; and
668 (ii) the conviction under Subsection (2) is for an offense that was committed on or after
669 July 1, 2009, and prior to July 1, 2011.
670 (11) A court that reported a conviction of a violation of this section for a violation that
671 occurred on or after July 1, 2009, to the Driver License Division may shorten the suspension
672 period imposed under Subsection (7)(a) or (8)(a) prior to completion of the suspension period
673 if the person:
674 (a) completes at least six months of the license suspension;
675 (b) completes a screening;
676 (c) completes an assessment, if it is found appropriate by a screening under Subsection
677 (11)(b);
678 (d) completes substance abuse treatment if it is found appropriate by the assessment
679 under Subsection (11)(c);
680 (e) completes an educational series if substance abuse treatment is not required by the
681 assessment under Subsection (11)(c) or the court does not order substance abuse treatment;
682 (f) has not been convicted of a violation of any motor vehicle law in which the person
683 was involved as the operator of the vehicle during the suspension period imposed under
684 Subsection (7)(a) or (8)(a);
685 (g) has complied with all the terms of the person's probation or all orders of the court if
686 not ordered to probation; and
687 (h) (i) is 18 years of age or older and provides a sworn statement to the court that the
688 person has not consumed a controlled substance not prescribed by a practitioner for use by the
689 person or unlawfully consumed alcohol during the suspension period imposed under
690 Subsection (7)(a) or (8)(a); or
691 (ii) is under 18 years of age and has the person's parent or legal guardian provide an
692 affidavit or other sworn statement to the court certifying that to the parent or legal guardian's
693 knowledge the person has not consumed a controlled substance not prescribed by a practitioner
694 for use by the person or unlawfully consumed alcohol during the suspension period imposed
695 under Subsection (7)(a) or (8)(a).
696 (12) If the court shortens a person's license suspension period in accordance with the
697 requirements of Subsection (11), the court shall forward the order shortening the person's
698 license suspension period prior to the completion of the suspension period imposed under
699 Subsection (7)(a) or (8)(a) to the Driver License Division.
700 (13) (a) The court shall notify the Driver License Division if a person fails to:
701 (i) complete all court ordered screening and assessment, educational series, and
702 substance abuse treatment; or
703 (ii) pay all fines and fees, including fees for restitution and treatment costs.
704 (b) Upon receiving the notification, the division shall suspend the person's driving
705 privilege in accordance with Subsections 53-3-221(2) and (3).
706 (14) The court:
707 (a) shall order supervised probation in accordance with Section 41-6a-507 for a person
708 convicted under Subsection (2); and
709 (b) may order a person convicted under Subsection (2) to participate in a 24-7 sobriety
710 program as defined in Section 41-6a-515.5 if the person is 21 years of age or older.
711 (15) (a) A court that reported a conviction of a violation of this section to the Driver
712 License Division may shorten the suspension period imposed under Subsection (6) before
713 completion of the suspension period if the person is participating in or has successfully
714 completed a 24-7 sobriety program as defined in Section 41-6a-515.5.
715 (b) If the court shortens a person's license suspension period in accordance with the
716 requirements of this Subsection (15), the court shall forward to the Driver License Division the
717 order shortening the person's suspension period.
718 (c) The court shall notify the Driver License Division if a person fails to complete all
719 requirements of a 24-7 sobriety program.
720 (d) Upon receiving the notification described in Subsection (15)(c), the division shall
721 suspend the person's driving privilege in accordance with Subsections 53-3-221(2) and (3).
722 (16) In a county of the first or second class, as classified in Section 17-50-501, a
723 private entity that conducts an initial assessment of a person under this section based on a
724 misdemeanor charge may not also provide substance abuse treatment to the person under this
725 section.
726 Section 8. Section 53-3-220 is amended to read:
727 53-3-220. Offenses requiring mandatory revocation, denial, suspension, or
728 disqualification of license -- Offense requiring an extension of period -- Hearing --
729 Limited driving privileges.
730 (1) (a) The division shall immediately revoke or, when this chapter, Title 41, Chapter
731 6a, Traffic Code, or Section 76-5-303, specifically provides for denial, suspension, or
732 disqualification, the division shall deny, suspend, or disqualify the license of a person upon
733 receiving a record of the person's conviction for:
734 (i) manslaughter or negligent homicide resulting from driving a motor vehicle, or
735 automobile homicide under Section 76-5-207 or 76-5-207.5;
736 (ii) driving or being in actual physical control of a motor vehicle while under the
737 influence of alcohol, any drug, or combination of them to a degree that renders the person
738 incapable of safely driving a motor vehicle as prohibited in Section 41-6a-502 or as prohibited
739 in an ordinance that complies with the requirements of Subsection 41-6a-510(1);
740 (iii) driving or being in actual physical control of a motor vehicle while having a blood
741 or breath alcohol content as prohibited in Section 41-6a-502 or as prohibited in an ordinance
742 that complies with the requirements of Subsection 41-6a-510(1);
743 (iv) perjury or the making of a false affidavit to the division under this chapter, Title
744 41, Motor Vehicles, or any other law of this state requiring the registration of motor vehicles or
745 regulating driving on highways;
746 (v) any felony under the motor vehicle laws of this state;
747 (vi) any other felony in which a motor vehicle is used to facilitate the offense;
748 (vii) failure to stop and render aid as required under the laws of this state if a motor
749 vehicle accident results in the death or personal injury of another;
750 (viii) two charges of reckless driving, impaired driving, or any combination of reckless
751 driving and impaired driving committed within a period of 12 months; but if upon a first
752 conviction of reckless driving or impaired driving the judge or justice recommends suspension
753 of the convicted person's license, the division may after a hearing suspend the license for a
754 period of three months;
755 (ix) failure to bring a motor vehicle to a stop at the command of a law enforcement
756 officer as required in Section 41-6a-210;
757 (x) any offense specified in Part 4, Uniform Commercial Driver License Act, that
758 requires disqualification;
759 (xi) a felony violation of Section 76-10-508 or 76-10-508.1 involving discharging or
760 allowing the discharge of a firearm from a vehicle;
761 (xii) using, allowing the use of, or causing to be used any explosive, chemical, or
762 incendiary device from a vehicle in violation of Subsection 76-10-306(4)(b);
763 (xiii) operating or being in actual physical control of a motor vehicle while having any
764 measurable controlled substance or metabolite of a controlled substance in the person's body in
765 violation of Section 41-6a-517;
766 (xiv) operating or being in actual physical control of a motor vehicle while having any
767 measurable or detectable amount of alcohol in the person's body in violation of Section
768 41-6a-530;
769 (xv) engaging in a motor vehicle speed contest or exhibition of speed on a highway in
770 violation of Section 41-6a-606;
771 (xvi) operating or being in actual physical control of a motor vehicle in this state
772 without an ignition interlock system in violation of Section 41-6a-518.2; or
773 (xvii) custodial interference, under:
774 (A) Subsection 76-5-303(3), which suspension shall be for a period of 30 days, unless
775 the court provides the division with an order of suspension for a shorter period of time;
776 (B) Subsection 76-5-303(4), which suspension shall be for a period of 90 days, unless
777 the court provides the division with an order of suspension for a shorter period of time; or
778 (C) Subsection 76-5-303(5), which suspension shall be for a period of 180 days, unless
779 the court provides the division with an order of suspension for a shorter period of time.
780 (b) The division shall immediately revoke the license of a person upon receiving a
781 record of an adjudication under Title 78A, Chapter 6, Juvenile Court Act, for:
782 (i) a felony violation of Section 76-10-508 or 76-10-508.1 involving discharging or
783 allowing the discharge of a firearm from a vehicle; or
784 (ii) using, allowing the use of, or causing to be used any explosive, chemical, or
785 incendiary device from a vehicle in violation of Subsection 76-10-306(4)(b).
786 (c) Except when action is taken under Section 53-3-219 for the same offense, upon
787 receiving a record of conviction, the division shall immediately suspend for six months the
788 license of the convicted person if the person was convicted of one of the following offenses
789 while the person was an operator of a motor vehicle:
790 (i) any violation of:
791 (A) Title 58, Chapter 37, Utah Controlled Substances Act;
792 (B) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
793 (C) Title 58, Chapter 37b, Imitation Controlled Substances Act;
794 (D) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act; or
795 (E) Title 58, Chapter 37d, Clandestine Drug Lab Act; or
796 (ii) any criminal offense that prohibits:
797 (A) possession, distribution, manufacture, cultivation, sale, or transfer of any substance
798 that is prohibited under the acts described in Subsection (1)(c)(i); or
799 (B) the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or
800 transfer any substance that is prohibited under the acts described in Subsection (1)(c)(i).
801 (d) (i) The division shall immediately suspend a person's driver license for conviction
802 of the offense of theft of motor vehicle fuel under Section 76-6-404.7 if the division receives:
803 (A) an order from the sentencing court requiring that the person's driver license be
804 suspended; and
805 (B) a record of the conviction.
806 (ii) An order of suspension under this section is at the discretion of the sentencing
807 court, and may not be for more than 90 days for each offense.
808 (e) (i) The division shall immediately suspend for one year the license of a person upon
809 receiving a record of:
810 (A) conviction for the first time for a violation under Section 32B-4-411; or
811 (B) an adjudication under Title 78A, Chapter 6, Juvenile Court Act, for a violation
812 under Section 32B-4-411.
813 (ii) The division shall immediately suspend for a period of two years the license of a
814 person upon receiving a record of:
815 (A) (I) conviction for a second or subsequent violation under Section 32B-4-411; and
816 (II) the violation described in Subsection (1)(e)(ii)(A)(I) is within 10 years of a prior
817 conviction for a violation under Section 32B-4-411; or
818 (B) (I) a second or subsequent adjudication under Title 78A, Chapter 6, Juvenile Court
819 Act of 1996, for a violation under Section 32B-4-411; and
820 (II) the adjudication described in Subsection (1)(e)(ii)(B)(I) is within 10 years of a prior
821 adjudication under Title 78A, Chapter 6, Juvenile Court Act of 1996, for a violation under
822 Section 32B-4-411.
823 (iii) Upon receipt of a record under Subsection (1)(e)(i) or (ii), the division shall:
824 (A) for a conviction or adjudication described in Subsection (1)(e)(i):
825 (I) impose a suspension for one year beginning on the date of conviction; or
826 (II) if the person is under the age of eligibility for a driver license, impose a suspension
827 that begins on the date of conviction and continues for one year beginning on the date of
828 eligibility for a driver license; or
829 (B) for a conviction or adjudication described in Subsection (1)(e)(ii):
830 (I) impose a suspension for a period of two years; or
831 (II) if the person is under the age of eligibility for a driver license, impose a suspension
832 that begins on the date of conviction and continues for two years beginning on the date of
833 eligibility for a driver license.
834 (iv) Upon receipt of the first order suspending a person's driving privileges under
835 Section 32B-4-411, the division shall reduce the suspension period under Subsection (1)(e)(i) if
836 ordered by the court in accordance with Subsection 32B-4-411[
837 (v) Upon receipt of the second or subsequent order suspending a person's driving
838 privileges under Section 32B-4-411, the division shall reduce the suspension period under
839 Subsection (1)(e)(ii) if ordered by the court in accordance with Subsection 32B-4-411(3)(b).
840 (2) The division shall extend the period of the first denial, suspension, revocation, or
841 disqualification for an additional like period, to a maximum of one year for each subsequent
842 occurrence, upon receiving:
843 (a) a record of the conviction of any person on a charge of driving a motor vehicle
844 while the person's license is denied, suspended, revoked, or disqualified;
845 (b) a record of a conviction of the person for any violation of the motor vehicle law in
846 which the person was involved as a driver;
847 (c) a report of an arrest of the person for any violation of the motor vehicle law in
848 which the person was involved as a driver; or
849 (d) a report of an accident in which the person was involved as a driver.
850 (3) When the division receives a report under Subsection (2)(c) or (d) that a person is
851 driving while the person's license is denied, suspended, disqualified, or revoked, the person is
852 entitled to a hearing regarding the extension of the time of denial, suspension, disqualification,
853 or revocation originally imposed under Section 53-3-221.
854 (4) (a) The division may extend to a person the limited privilege of driving a motor
855 vehicle to and from the person's place of employment or within other specified limits on
856 recommendation of the judge in any case where a person is convicted of any of the offenses
857 referred to in Subsections (1) and (2) except:
858 (i) automobile homicide under Subsection (1)(a)(i);
859 (ii) those offenses referred to in Subsections (1)(a)(ii), (iii), (xi), (xii), (xiii), (1)(b), and
860 (1)(c); and
861 (iii) those offenses referred to in Subsection (2) when the original denial, suspension,
862 revocation, or disqualification was imposed because of a violation of Section 41-6a-502,
863 41-6a-517, a local ordinance which complies with the requirements of Subsection
864 41-6a-510(1), Section 41-6a-520, or Section 76-5-207, or a criminal prohibition that the person
865 was charged with violating as a result of a plea bargain after having been originally charged
866 with violating one or more of these sections or ordinances, unless:
867 (A) the person has had the period of the first denial, suspension, revocation, or
868 disqualification extended for a period of at least three years;
869 (B) the division receives written verification from the person's primary care physician
870 that:
871 (I) to the physician's knowledge the person has not used any narcotic drug or other
872 controlled substance except as prescribed by a licensed medical practitioner within the last
873 three years; and
874 (II) the physician is not aware of any physical, emotional, or mental impairment that
875 would affect the person's ability to operate a motor vehicle safely; and
876 (C) for a period of one year prior to the date of the request for a limited driving
877 privilege:
878 (I) the person has not been convicted of a violation of any motor vehicle law in which
879 the person was involved as the operator of the vehicle;
880 (II) the division has not received a report of an arrest for a violation of any motor
881 vehicle law in which the person was involved as the operator of the vehicle; and
882 (III) the division has not received a report of an accident in which the person was
883 involved as an operator of a vehicle.
884 (b) (i) Except as provided in Subsection (4)(b)(ii), the discretionary privilege
885 authorized in this Subsection (4):
886 (A) is limited to when undue hardship would result from a failure to grant the
887 privilege; and
888 (B) may be granted only once to any person during any single period of denial,
889 suspension, revocation, or disqualification, or extension of that denial, suspension, revocation,
890 or disqualification.
891 (ii) The discretionary privilege authorized in Subsection (4)(a)(iii):
892 (A) is limited to when the limited privilege is necessary for the person to commute to
893 school or work; and
894 (B) may be granted only once to any person during any single period of denial,
895 suspension, revocation, or disqualification, or extension of that denial, suspension, revocation,
896 or disqualification.
897 (c) A limited CDL may not be granted to a person disqualified under Part 4, Uniform
898 Commercial Driver License Act, or whose license has been revoked, suspended, cancelled, or
899 denied under this chapter.
900 Section 9. Section 58-37-8 is amended to read:
901 58-37-8. Prohibited acts -- Penalties.
902 (1) Prohibited acts A -- Penalties and reporting:
903 (a) Except as authorized by this chapter, it is unlawful for any person to knowingly and
904 intentionally:
905 (i) produce, manufacture, or dispense, or to possess with intent to produce,
906 manufacture, or dispense, a controlled or counterfeit substance;
907 (ii) distribute a controlled or counterfeit substance, or to agree, consent, offer, or
908 arrange to distribute a controlled or counterfeit substance;
909 (iii) possess a controlled or counterfeit substance with intent to distribute; or
910 (iv) engage in a continuing criminal enterprise where:
911 (A) the person participates, directs, or engages in conduct that results in any violation
912 of any provision of [
913 Paraphernalia Act, 37b, Imitation Controlled Substances Act, 37c, Utah Controlled Substance
914 Precursor Act, or 37d, Clandestine Drug Lab Act, that is a felony; and
915 (B) the violation is a part of a continuing series of two or more violations of [
916 Chapters 37, Utah Controlled Substances Act, 37a, Utah Drug Paraphernalia Act, 37b,
917 Imitation Controlled Substances Act, 37c, Utah Controlled Substance Precursor Act, or 37d,
918 Clandestine Drug Lab Act, on separate occasions that are undertaken in concert with five or
919 more persons with respect to whom the person occupies a position of organizer, supervisor, or
920 any other position of management.
921 (b) Any person convicted of violating Subsection (1)(a) with respect to:
922 (i) a substance or a counterfeit of a substance classified in Schedule I or II, a controlled
923 substance analog, or gammahydroxybutyric acid as listed in Schedule III is guilty of a second
924 degree felony, punishable by imprisonment for not more than 15 years, and upon a second or
925 subsequent conviction is guilty of a first degree felony;
926 (ii) a substance or a counterfeit of a substance classified in Schedule III or IV, or
927 marijuana, or a substance listed in Section 58-37-4.2 is guilty of a third degree felony, and
928 upon a second or subsequent conviction is guilty of a second degree felony; or
929 (iii) a substance or a counterfeit of a substance classified in Schedule V is guilty of a
930 class A misdemeanor and upon a second or subsequent conviction is guilty of a third degree
931 felony.
932 (c) Any person who has been convicted of a violation of Subsection (1)(a)(ii) or (iii)
933 may be sentenced to imprisonment for an indeterminate term as provided by law, but if the trier
934 of fact finds a firearm as defined in Section 76-10-501 was used, carried, or possessed on the
935 person or in the person's immediate possession during the commission or in furtherance of the
936 offense, the court shall additionally sentence the person convicted for a term of one year to run
937 consecutively and not concurrently; and the court may additionally sentence the person
938 convicted for an indeterminate term not to exceed five years to run consecutively and not
939 concurrently.
940 (d) Any person convicted of violating Subsection (1)(a)(iv) is guilty of a first degree
941 felony punishable by imprisonment for an indeterminate term of not less than seven years and
942 which may be for life. Imposition or execution of the sentence may not be suspended, and the
943 person is not eligible for probation.
944 (e) The Administrative Office of the Courts shall report to the Division of
945 Occupational and Professional Licensing the name, case number, date of conviction, and if
946 known, the date of birth of each person convicted of violating Subsection (2)(a).
947 (2) Prohibited acts B -- Penalties and reporting:
948 (a) It is unlawful:
949 (i) for any person knowingly and intentionally to possess or use a controlled substance
950 analog or a controlled substance, unless it was obtained under a valid prescription or order,
951 directly from a practitioner while acting in the course of the person's professional practice, or as
952 otherwise authorized by this chapter;
953 (ii) for any owner, tenant, licensee, or person in control of any building, room,
954 tenement, vehicle, boat, aircraft, or other place knowingly and intentionally to permit them to
955 be occupied by persons unlawfully possessing, using, or distributing controlled substances in
956 any of those locations; or
957 (iii) for any person knowingly and intentionally to possess an altered or forged
958 prescription or written order for a controlled substance.
959 (b) Any person convicted of violating Subsection (2)(a)(i) with respect to:
960 (i) marijuana, if the amount is 100 pounds or more, is guilty of a second degree felony;
961 or
962 (ii) a substance classified in Schedule I or II, or a controlled substance analog, is guilty
963 of a class A misdemeanor on a first or second conviction, and on a third or subsequent
964 conviction is guilty of a third degree felony.
965 (c) Upon a person's conviction of a violation of this Subsection (2) subsequent to a
966 conviction under Subsection (1)(a), that person shall be sentenced to a one degree greater
967 penalty than provided in this Subsection (2).
968 (d) Any person who violates Subsection (2)(a)(i) with respect to all other controlled
969 substances not included in Subsection (2)(b)(i) or (ii), including a substance listed in Section
970 58-37-4.2, or marijuana, is guilty of a class B misdemeanor. Upon a third conviction the
971 person is guilty of a class A misdemeanor, and upon a fourth or subsequent conviction the
972 person is guilty of a third degree felony.
973 (e) Any person convicted of violating Subsection (2)(a)(i) while inside the exterior
974 boundaries of property occupied by any correctional facility as defined in Section 64-13-1 or
975 any public jail or other place of confinement shall be sentenced to a penalty one degree greater
976 than provided in Subsection (2)(b), and if the conviction is with respect to controlled
977 substances as listed in:
978 (i) Subsection (2)(b), the person may be sentenced to imprisonment for an
979 indeterminate term as provided by law, and:
980 (A) the court shall additionally sentence the person convicted to a term of one year to
981 run consecutively and not concurrently; and
982 (B) the court may additionally sentence the person convicted for an indeterminate term
983 not to exceed five years to run consecutively and not concurrently; and
984 (ii) Subsection (2)(d), the person may be sentenced to imprisonment for an
985 indeterminate term as provided by law, and the court shall additionally sentence the person
986 convicted to a term of six months to run consecutively and not concurrently.
987 (f) Any person convicted of violating Subsection (2)(a)(ii) or(iii) is:
988 (i) on a first conviction, guilty of a class B misdemeanor;
989 (ii) on a second conviction, guilty of a class A misdemeanor; and
990 (iii) on a third or subsequent conviction, guilty of a third degree felony.
991 (g) A person is subject to the penalties under Subsection (2)(h) who, in an offense not
992 amounting to a violation of Section 76-5-207:
993 (i) violates Subsection (2)(a)(i) by knowingly and intentionally having in the person's
994 body any measurable amount of a controlled substance; and
995 (ii) operates a motor vehicle as defined in Section 76-5-207 in a negligent manner,
996 causing serious bodily injury as defined in Section 76-1-601 or the death of another.
997 (h) A person who violates Subsection (2)(g) by having in the person's body:
998 (i) a controlled substance classified under Schedule I, other than those described in
999 Subsection (2)(h)(ii), or a controlled substance classified under Schedule II is guilty of a second
1000 degree felony;
1001 (ii) marijuana, tetrahydrocannabinols, or equivalents described in Subsection
1002 58-37-4(2)(a)(iii)(S) or (AA), or a substance listed in Section 58-37-4.2 is guilty of a third
1003 degree felony; or
1004 (iii) any controlled substance classified under Schedules III, IV, or V is guilty of a class
1005 A misdemeanor.
1006 (i) A person is guilty of a separate offense for each victim suffering serious bodily
1007 injury or death as a result of the person's negligent driving in violation of Subsection(2)(g)
1008 whether or not the injuries arise from the same episode of driving.
1009 (j) The Administrative Office of the Courts shall report to the Division of Occupational
1010 and Professional Licensing the name, case number, date of conviction, and if known, the date
1011 of birth of each person convicted of violating Subsection (2)(a).
1012 (3) Prohibited acts C -- Penalties:
1013 (a) It is unlawful for any person knowingly and intentionally:
1014 (i) to use in the course of the manufacture or distribution of a controlled substance a
1015 license number which is fictitious, revoked, suspended, or issued to another person or, for the
1016 purpose of obtaining a controlled substance, to assume the title of, or represent oneself to be, a
1017 manufacturer, wholesaler, apothecary, physician, dentist, veterinarian, or other authorized
1018 person;
1019 (ii) to acquire or obtain possession of, to procure or attempt to procure the
1020 administration of, to obtain a prescription for, to prescribe or dispense to any person known to
1021 be attempting to acquire or obtain possession of, or to procure the administration of any
1022 controlled substance by misrepresentation or failure by the person to disclose receiving any
1023 controlled substance from another source, fraud, forgery, deception, subterfuge, alteration of a
1024 prescription or written order for a controlled substance, or the use of a false name or address;
1025 (iii) to make any false or forged prescription or written order for a controlled substance,
1026 or to utter the same, or to alter any prescription or written order issued or written under the
1027 terms of this chapter; or
1028 (iv) to make, distribute, or possess any punch, die, plate, stone, or other thing designed
1029 to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or
1030 device of another or any likeness of any of the foregoing upon any drug or container or labeling
1031 so as to render any drug a counterfeit controlled substance.
1032 (b) (i) A first or second conviction under Subsection (3)(a)(i), (ii), or (iii) is a class A
1033 misdemeanor.
1034 (ii) A third or subsequent conviction under Subsection (3)(a)(i), (ii), or (iii) is a third
1035 degree felony.
1036 (c) A violation of Subsection (3)(a)(iv) is a third degree felony.
1037 (4) Prohibited acts D -- Penalties:
1038 (a) Notwithstanding other provisions of this section, a person not authorized under this
1039 chapter who commits any act that is unlawful under Subsection (1)(a), Section 58-37a-5, or
1040 Section 58-37b-4 is upon conviction subject to the penalties and classifications under this
1041 Subsection (4) if the trier of fact finds the act is committed:
1042 (i) in a public or private elementary or secondary school or on the grounds of any of
1043 those schools during the hours of 6 a.m. through 10 p.m.;
1044 (ii) in a public or private vocational school or postsecondary institution or on the
1045 grounds of any of those schools or institutions during the hours of 6 a.m. through 10 p.m.;
1046 (iii) in or on the grounds of a preschool or child-care facility during the preschool's or
1047 facility's hours of operation;
1048 (iv) in a public park, amusement park, arcade, or recreation center when the public or
1049 amusement park, arcade, or recreation center is open to the public;
1050 (v) in or on the grounds of a house of worship as defined in Section 76-10-501;
1051 (vi) in or on the grounds of a library when the library is open to the public;
1052 (vii) within any area that is within 100 feet of any structure, facility, or grounds
1053 included in Subsections (4)(a)(i), (ii), (iii), (iv), (v), and (vi);
1054 (viii) in the presence of a person younger than 18 years of age, regardless of where the
1055 act occurs; or
1056 (ix) for the purpose of facilitating, arranging, or causing the transport, delivery, or
1057 distribution of a substance in violation of this section to an inmate or on the grounds of any
1058 correctional facility as defined in Section 76-8-311.3.
1059 (b) (i) A person convicted under this Subsection (4) is guilty of a first degree felony
1060 and shall be imprisoned for a term of not less than five years if the penalty that would
1061 otherwise have been established but for this Subsection (4) would have been a first degree
1062 felony.
1063 (ii) Imposition or execution of the sentence may not be suspended, and the person is
1064 not eligible for probation.
1065 (c) If the classification that would otherwise have been established would have been
1066 less than a first degree felony but for this Subsection (4), a person convicted under this
1067 Subsection (4) is guilty of one degree more than the maximum penalty prescribed for that
1068 offense. This Subsection (4)(c) does not apply to a violation of Subsection (2)(g).
1069 (d) (i) If the violation is of Subsection (4)(a)(ix):
1070 (A) the person may be sentenced to imprisonment for an indeterminate term as
1071 provided by law, and the court shall additionally sentence the person convicted for a term of
1072 one year to run consecutively and not concurrently; and
1073 (B) the court may additionally sentence the person convicted for an indeterminate term
1074 not to exceed five years to run consecutively and not concurrently; and
1075 (ii) the penalties under this Subsection (4)(d) apply also to any person who, acting with
1076 the mental state required for the commission of an offense, directly or indirectly solicits,
1077 requests, commands, coerces, encourages, or intentionally aids another person to commit a
1078 violation of Subsection (4)(a)(ix).
1079 (e) It is not a defense to a prosecution under this Subsection (4) that the actor
1080 mistakenly believed the individual to be 18 years of age or older at the time of the offense or
1081 was unaware of the individual's true age; nor that the actor mistakenly believed that the
1082 location where the act occurred was not as described in Subsection (4)(a) or was unaware that
1083 the location where the act occurred was as described in Subsection (4)(a).
1084 (5) Any violation of this chapter for which no penalty is specified is a class B
1085 misdemeanor.
1086 (6) (a) For purposes of penalty enhancement under Subsections (1) and (2), a plea of
1087 guilty or no contest to a violation or attempted violation of this section or a plea which is held
1088 in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction,
1089 even if the charge has been subsequently reduced or dismissed in accordance with the plea in
1090 abeyance agreement.
1091 (b) A prior conviction used for a penalty enhancement under Subsection (2) shall be a
1092 conviction that is:
1093 (i) from a separate criminal episode than the current charge; and
1094 (ii) from a conviction that is separate from any other conviction used to enhance the
1095 current charge.
1096 (7) A person may be charged and sentenced for a violation of this section,
1097 notwithstanding a charge and sentence for a violation of any other section of this chapter.
1098 (8) (a) Any penalty imposed for violation of this section is in addition to, and not in
1099 lieu of, any civil or administrative penalty or sanction authorized by law.
1100 (b) Where violation of this chapter violates a federal law or the law of another state,
1101 conviction or acquittal under federal law or the law of another state for the same act is a bar to
1102 prosecution in this state.
1103 (9) In any prosecution for a violation of this chapter, evidence or proof that shows a
1104 person or persons produced, manufactured, possessed, distributed, or dispensed a controlled
1105 substance or substances, is prima facie evidence that the person or persons did so with
1106 knowledge of the character of the substance or substances.
1107 (10) This section does not prohibit a veterinarian, in good faith and in the course of the
1108 veterinarian's professional practice only and not for humans, from prescribing, dispensing, or
1109 administering controlled substances or from causing the substances to be administered by an
1110 assistant or orderly under the veterinarian's direction and supervision.
1111 (11) Civil or criminal liability may not be imposed under this section on:
1112 (a) any person registered under this chapter who manufactures, distributes, or possesses
1113 an imitation controlled substance for use as a placebo or investigational new drug by a
1114 registered practitioner in the ordinary course of professional practice or research; or
1115 (b) any law enforcement officer acting in the course and legitimate scope of the
1116 officer's employment.
1117 (12) (a) Civil or criminal liability may not be imposed under this section on any Indian,
1118 as defined in Subsection 58-37-2(1)(v), who uses, possesses, or transports peyote for bona fide
1119 traditional ceremonial purposes in connection with the practice of a traditional Indian religion
1120 as defined in Subsection 58-37-2(1)(w).
1121 (b) In a prosecution alleging violation of this section regarding peyote as defined in
1122 Subsection 58-37-4(2)(a)(iii)(V), it is an affirmative defense that the peyote was used,
1123 possessed, or transported by an Indian for bona fide traditional ceremonial purposes in
1124 connection with the practice of a traditional Indian religion.
1125 (c) (i) The defendant shall provide written notice of intent to claim an affirmative
1126 defense under this Subsection (12) as soon as practicable, but not later than 10 days before
1127 trial.
1128 (ii) The notice shall include the specific claims of the affirmative defense.
1129 (iii) The court may waive the notice requirement in the interest of justice for good
1130 cause shown, if the prosecutor is not unfairly prejudiced by the lack of timely notice.
1131 (d) The defendant shall establish the affirmative defense under this Subsection (12) by
1132 a preponderance of the evidence. If the defense is established, it is a complete defense to the
1133 charges.
1134 (13) (a) It is an affirmative defense that the person produced, possessed, or
1135 administered a controlled substance listed in Section 58-37-4.2 if the person:
1136 (i) was engaged in medical research; and
1137 (ii) was a holder of a valid license to possess controlled substances under Section
1138 58-37-6.
1139 (b) It is not a defense under Subsection (13)(a) that the person prescribed or dispensed
1140 a controlled substance listed in Section 58-37-4.2.
1141 (14) It is an affirmative defense that the person possessed, in the person's body, a
1142 controlled substance listed in Section 58-37-4.2 if:
1143 (a) the person was the subject of medical research conducted by a holder of a valid
1144 license to possess controlled substances under Section 58-37-6; and
1145 (b) the substance was administered to the person by the medical researcher.
1146 (15) The application of any increase in penalty under this section to a violation of
1147 Subsection (2)(a)(i) may not result in any greater penalty than a second degree felony. This
1148 Subsection (15) takes precedence over any conflicting provision of this section.
1149 (16) (a) It is an affirmative defense to an allegation of the commission of an offense
1150 listed in Subsection (16)(b) that the person:
1151 (i) reasonably believes that the person or another person is experiencing an overdose
1152 event due to the ingestion, injection, inhalation, or other introduction into the human body of a
1153 controlled substance or other substance;
1154 (ii) reports in good faith the overdose event to a medical provider, an emergency
1155 medical service provider as defined in Section 26-8a-102, a law enforcement officer, a 911
1156 emergency call system, or an emergency dispatch system, or the person is the subject of a
1157 report made under this Subsection (16);
1158 (iii) provides in the report under Subsection (16)(a)(ii) a functional description of the
1159 actual location of the overdose event that facilitates responding to the person experiencing the
1160 overdose event;
1161 (iv) remains at the location of the person experiencing the overdose event until a
1162 responding law enforcement officer or emergency medical service provider arrives, or remains
1163 at the medical care facility where the person experiencing an overdose event is located until a
1164 responding law enforcement officer arrives;
1165 (v) cooperates with the responding medical provider, emergency medical service
1166 provider, and law enforcement officer, including providing information regarding the person
1167 experiencing the overdose event and any substances the person may have injected, inhaled, or
1168 otherwise introduced into the person's body; and
1169 (vi) is alleged to have committed the offense in the same course of events from which
1170 the reported overdose arose.
1171 (b) The offenses referred to in Subsection (16)(a) are:
1172 (i) the possession or use of less than 16 ounces of marijuana;
1173 (ii) the possession or use of a scheduled or listed controlled substance other than
1174 marijuana; and
1175 (iii) any violation of Chapter 37a, Utah Drug Paraphernalia Act, or Chapter 37b,
1176 Imitation Controlled Substances Act.
1177 (c) As used in this Subsection (16) and in Section 76-3-203.11, "good faith" does not
1178 include seeking medical assistance under this section during the course of a law enforcement
1179 agency's execution of a search warrant, execution of an arrest warrant, or other lawful search.
1180 (17) If any provision of this chapter, or the application of any provision to any person
1181 or circumstances, is held invalid, the remainder of this chapter shall be given effect without the
1182 invalid provision or application.
1183 (18) A legislative body of a political subdivision may not enact an ordinance that is
1184 less restrictive than any provision of this chapter.
1185 (19) (a) If a minor who is under 18 years of age is found by a court to have violated this
1186 section, the court may order the minor to complete:
1187 [
1188 [
1189 screening indicates an assessment to be appropriate; and
1190 [
1191 or substance use disorder treatment as indicated by an assessment.
1192 (b) In a county of the first or second class, as classified in Section 17-50-501, a private
1193 entity that conducts an initial assessment of a minor under this Subsection (19) based on a
1194 misdemeanor charge may not also provide substance use disorder treatment to the minor under
1195 this Subsection (19).
1196 Section 10. Section 58-37a-7 is amended to read:
1197 58-37a-7. Sentencing requirements for minors.
1198 (1) If a minor who is under 18 years of age is found by a court to have violated this
1199 chapter, the court may order the minor to complete:
1200 [
1201 [
1202 assessment to be appropriate; and
1203 [
1204 disorder treatment as indicated by an assessment.
1205 (2) In a county of the first or second class, as classified in Section 17-50-501, a private
1206 entity that conducts an assessment of a minor under this section based on a misdemeanor
1207 charge may not also provide substance use disorder treatment to the minor under this section.
1208 Section 11. Section 76-9-701 is amended to read:
1209 76-9-701. Intoxication -- Release of arrested person or placement in detoxification
1210 center.
1211 (1) A person is guilty of intoxication if the person is under the influence of alcohol, a
1212 controlled substance, or any substance having the property of releasing toxic vapors, to a
1213 degree that the person may endanger the person or another, in a public place or in a private
1214 place where the person unreasonably disturbs other persons.
1215 (2) (a) A peace officer or a magistrate may release from custody a person arrested
1216 under this section if the peace officer or magistrate believes imprisonment is unnecessary for
1217 the protection of the person or another.
1218 (b) A peace officer may take the arrested person to a detoxification center or other
1219 special facility as an alternative to incarceration or release from custody.
1220 (3) (a) If a minor is found by a court to have violated this section and the violation is
1221 the minor's first violation of this section, the court may:
1222 (i) order the minor to complete a screening as defined in Section 41-6a-501;
1223 (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
1224 screening indicates an assessment to be appropriate; and
1225 (iii) order the minor to complete an educational series as defined in Section 41-6a-501
1226 or substance use disorder treatment as indicated by an assessment.
1227 (b) If a minor is found by a court to have violated this section and the violation is the
1228 minor's second or subsequent violation of this section, the court shall:
1229 (i) order the minor to complete a screening as defined in Section 41-6a-501;
1230 (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
1231 screening indicates an assessment to be appropriate; and
1232 (iii) order the minor to complete an educational series as defined in Section 41-6a-501
1233 or substance use disorder treatment as indicated by an assessment.
1234 (c) In a county of the first or second class, as classified in Section 17-50-501, a private
1235 entity that conducts an initial assessment of a minor under this Subsection (3) may not also
1236 provide substance use disorder treatment to the minor under this Subsection (3).
1237 (4) (a) When a minor who is at least 18 years old, but younger than 21 years old, is
1238 found by a court to have violated this section, the court hearing the case shall suspend the
1239 minor's driving privileges under Section 53-3-219.
1240 (b) Notwithstanding the requirement in Subsection (4)(a), the court may reduce the
1241 suspension period required under Section 53-3-219 if:
1242 (i) the violation is the minor's first violation of this section; and
1243 (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
1244 (B) the minor demonstrates substantial progress in substance use disorder treatment.
1245 (c) Notwithstanding the requirement in Subsection (4)(a) and in accordance with the
1246 requirements of Section 53-3-219, the court may reduce the suspension period required under
1247 Section 53-3-219 if:
1248 (i) the violation is the minor's second or subsequent violation of this section;
1249 (ii) the minor has completed an educational series as defined in Section 41-6a-501 or
1250 demonstrated substantial progress in substance use disorder treatment; and
1251 (iii) (A) the person is 18 years of age or older and provides a sworn statement to the
1252 court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
1253 consecutive period during the suspension period imposed under Subsection (4)(a); or
1254 (B) the person is under 18 years of age and has the person's parent or legal guardian
1255 provide an affidavit or sworn statement to the court certifying that to the parent or legal
1256 guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at least a
1257 one-year consecutive period during the suspension period imposed under Subsection (4)(a).
1258 (5) When a person who is younger than 18 years old is found by a court to have
1259 violated this section, the provisions regarding suspension of the driver's license under Section
1260 78A-6-606 apply to the violation.
1261 (6) (a) Notwithstanding Subsections (3)(a) and (b), if a minor is adjudicated under
1262 Section 78A-6-117, the court may only order substance use disorder treatment or an
1263 educational series if the minor has an assessed need for the intervention based on the results of
1264 a validated assessment.
1265 (b) In a county of the first or second class, as classified in Section 17-50-501, a private
1266 entity that conducts an initial assessment of a minor under this Subsection (6) may not also
1267 provide substance use disorder treatment to the minor under this Subsection (6).
1268 (7) When the court issues an order suspending a person's driving privileges for a
1269 violation of this section, the person's driver license shall be suspended under Section 53-3-219.
1270 (8) An offense under this section is a class C misdemeanor.
1271 Section 12. Section 77-18-1.1 is amended to read:
1272 77-18-1.1. Screening, assessment, and treatment.
1273 (1) As used in this section:
1274 (a) "Assessment" has the same meaning as in Section 41-6a-501.
1275 (b) "Convicted" means:
1276 (i) a conviction by entry of a plea of guilty or nolo contendere, guilty with a mental
1277 illness, or no contest; and
1278 (ii) conviction of any crime or offense.
1279 (c) "Screening" has the same meaning as in Section 41-6a-501.
1280 (d) "Substance use disorder treatment" means treatment obtained through a substance
1281 use disorder program that is licensed by the Office of Licensing within the Department of
1282 Human Services.
1283 (2) (a) On or after July 1, 2009, the courts of the judicial districts where the Drug
1284 -Related Offenses Reform Act under Section 63M-7-305 is implemented shall, in coordination
1285 with the local substance abuse authority regarding available resources, order convicted persons
1286 determined to be eligible in accordance with the implementation plan developed by the Utah
1287 Substance Use and Mental Health Advisory Council under Section 63M-7-305 to:
1288 [
1289 [
1290 assessment to be appropriate; and
1291 [
1292 [
1293 [
1294 [
1295 community-based supervision.
1296 (b) In a county of the first or second class, as classified in Section 17-50-501, a private
1297 entity that conducts an initial assessment of a person under this Subsection (2) based on a
1298 misdemeanor charge may not also provide substance use disorder treatment to the person under
1299 this Subsection (2).
1300 (3) The findings from any screening and any assessment conducted under this section
1301 shall be part of the presentence investigation report submitted to the court before sentencing of
1302 the convicted person.
1303 (4) Money appropriated by the Legislature to assist in the funding of the screening,
1304 assessment, substance use disorder treatment, and supervision provided under this section is
1305 not subject to any requirement regarding matching funds from a state or local governmental
1306 entity.
1307 Section 13. Section 78A-6-103 is amended to read:
1308 78A-6-103. Jurisdiction of juvenile court -- Original -- Exclusive.
1309 (1) Except as otherwise provided by law, the juvenile court has exclusive original
1310 jurisdiction in proceedings concerning:
1311 (a) a child who has violated any federal, state, or local law or municipal ordinance or a
1312 person younger than 21 years of age who has violated any law or ordinance before becoming
1313 18 years of age, regardless of where the violation occurred, excluding offenses:
1314 (i) in Section 53G-8-211 until such time that the child is referred to the courts under
1315 Section 53G-8-211; and
1316 (ii) in Subsection 78A-7-106(2);
1317 (b) a child who is an abused child, neglected child, or dependent child, as those terms
1318 are defined in Section 78A-6-105;
1319 (c) a protective order for a child pursuant to Title 78B, Chapter 7, Part 2, Child
1320 Protective Orders, which the juvenile court may transfer to the district court if the juvenile
1321 court has entered an ex parte protective order and finds that:
1322 (i) the petitioner and the respondent are the natural parent, adoptive parent, or
1323 stepparent of the child who is the object of the petition;
1324 (ii) the district court has a petition pending or an order related to custody or parent-time
1325 entered under Title 30, Chapter 3, Divorce, Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act,
1326 or Title 78B, Chapter 15, Utah Uniform Parentage Act, in which the petitioner and the
1327 respondent are parties; and
1328 (iii) the best interests of the child will be better served in the district court;
1329 (d) appointment of a guardian of the person or other guardian of a minor who comes
1330 within the court's jurisdiction under other provisions of this section;
1331 (e) the emancipation of a minor in accordance with Part 8, Emancipation;
1332 (f) the termination of the legal parent-child relationship in accordance with Part 5,
1333 Termination of Parental Rights Act, including termination of residual parental rights and
1334 duties;
1335 (g) the treatment or commitment of a minor who has an intellectual disability;
1336 (h) the judicial consent to the marriage of a child under age 16 upon a determination of
1337 voluntariness or where otherwise required by law, employment, or enlistment of a child when
1338 consent is required by law;
1339 (i) any parent or parents of a child committed to a secure youth facility, to order, at the
1340 discretion of the court and on the recommendation of a secure facility, the parent or parents of a
1341 child committed to a secure facility for a custodial term, to undergo group rehabilitation
1342 therapy under the direction of a secure facility therapist, who has supervision of that parent's or
1343 parents' child, or any other therapist the court may direct, for a period directed by the court as
1344 recommended by a secure facility;
1345 (j) a minor under Title 55, Chapter 12, Interstate Compact for Juveniles;
1346 (k) subject to Subsection (8), the treatment or commitment of a child with a mental
1347 illness;
1348 (l) the commitment of a child to a secure drug or alcohol facility in accordance with
1349 Section 62A-15-301;
1350 (m) a minor found not competent to proceed pursuant to Section 78A-6-1301;
1351 (n) de novo review of final agency actions resulting from an informal adjudicative
1352 proceeding as provided in Section 63G-4-402; and
1353 (o) adoptions conducted in accordance with the procedures described in Title 78B,
1354 Chapter 6, Part 1, Utah Adoption Act, when the juvenile court has previously entered an order
1355 terminating the rights of a parent and finds that adoption is in the best interest of the child.
1356 (2) (a) Notwithstanding Section 78A-7-106 and Subsection 78A-5-102(9), the juvenile
1357 court has exclusive jurisdiction over the following offenses committed by a child:
1358 (i) Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving;
1359 (ii) Section 73-18-12, reckless operation; and
1360 (iii) class B and C misdemeanors, infractions, or violations of ordinances that are part
1361 of a single criminal episode filed in a petition that contains an offense over which the court has
1362 jurisdiction.
1363 (b) A juvenile court may only order substance use disorder treatment or an educational
1364 series if the minor has an assessed need for the intervention on the basis of the results of a
1365 validated assessment.
1366 (c) In a county of the first or second class, as classified in Section 17-50-501, a private
1367 entity that conducts an initial assessment of a minor under this Subsection (2) based on a
1368 misdemeanor charge may not also provide substance use disorder treatment to the minor under
1369 this Subsection (2).
1370 (3) The juvenile court has jurisdiction over an ungovernable or runaway child who is
1371 referred to it by the Division of Child and Family Services or by public or private agencies that
1372 contract with the division to provide services to that child when, despite earnest and persistent
1373 efforts by the division or agency, the child has demonstrated that the child:
1374 (a) is beyond the control of the child's parent, guardian, or lawful custodian to the
1375 extent that the child's behavior or condition endangers the child's own welfare or the welfare of
1376 others; or
1377 (b) has run away from home.
1378 (4) This section does not restrict the right of access to the juvenile court by private
1379 agencies or other persons.
1380 (5) The juvenile court has jurisdiction of all magistrate functions relative to cases
1381 arising under Section 78A-6-702.
1382 (6) The juvenile court has jurisdiction to make a finding of substantiated,
1383 unsubstantiated, or without merit, in accordance with Section 78A-6-323.
1384 (7) The juvenile court has jurisdiction of matters transferred to it by another trial court
1385 pursuant to Subsection 78A-7-106(5) and subject to Section 53G-8-211.
1386 (8) The court may commit a child to the physical custody of a local mental health
1387 authority in accordance with Title 62A, Chapter 15, Part 7, Commitment of Persons Under Age
1388 18 to Division of Substance Abuse and Mental Health, but not directly to the Utah State
1389 Hospital.
1390