This document includes House Floor Amendments incorporated into the bill on Tue, Feb 2, 2021 at 3:49 PM by lfindlay.
Representative Steve Eliason proposes the following substitute bill:


1     
DRIVING UNDER THE INFLUENCE SENTENCING

2     
AMENDMENTS

3     
2021 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Steve Eliason

6     
Senate Sponsor: Curtis S. Bramble

7     

8     LONG TITLE
9     General Description:
10          This bill amends provisions related to penalties for driving under the influence and
11     related offenses.
12     Highlighted Provisions:
13          This bill:
14          ▸     prohibits sentencing reductions for driving under the influence related offenses in
15     certain circumstances;
16          ▸     requires reinstatement of certain sentences if an individual fails to complete certain
17     requirements of an approved 24/7 sobriety program;
18          ▸     creates a separate offense for each person in a vehicle that is under 16 years old
19     when the driver is operating the vehicle while under the influence of drugs or
20     alcohol;
21          ▸     prohibits an impaired driving reduction if:
22               •     the person had a blood alcohol level of .16 or higher;
23               •     the person had a blood alcohol level of .05 or higher in addition to any
24     measurable controlled substance in the person's body; or
25               •     the person had a combination of two or more controlled substances in the

26     person's body that were not appropriately prescribed or recommended;
26a          Ĥ→ ▸ provides additional sentencing options for certain individuals convicted of
26b     driving under the influence;
26c          ▸ for purposes of sentencing, excludes from the definition of "controlled substance" an
26d     inactive metabolite of the controlled substance; ←Ĥ
27          ▸     prohibits a plea in abeyance for certain offenses related to driving under the
28     influence; and
29          ▸     makes technical changes.
30     Money Appropriated in this Bill:
31          None
32     Other Special Clauses:
33          None
34     Utah Code Sections Affected:
35     AMENDS:
35a          Ĥ→ 41-6a-501, as last amended by Laws of Utah 2020, Chapter 177 ←Ĥ
36          41-6a-502.5, as last amended by Laws of Utah 2015, Chapter 438
37          41-6a-503, as last amended by Laws of Utah 2020, Chapter 177
38          41-6a-505, as last amended by Laws of Utah 2019, Chapter 136
39          41-6a-512, as last amended by Laws of Utah 2015, Chapter 438
40          77-2a-3, as last amended by Laws of Utah 2008, Chapters 3, 339, and 382
41     

42     Be it enacted by the Legislature of the state of Utah:
42a     Ĥ→ Section 1. Section 41-6a-501 is amended to read:
42b     
41-6a-501. Definitions.
42c          (1) As used in this part:
42d          (a) "Actual physical control" is determined by a consideration of the totality of the circumstances,
42e     but does not include a circumstance in which:
42f          (i) the person is asleep inside the vehicle;
42g          (ii) the person is not in the driver's seat of the vehicle;
42h          (iii) the engine of the vehicle is not running;
42i          (iv) the vehicle is lawfully parked; and
42j          (v) under the facts presented, it is evident that the person did not drive the vehicle to the location
42k     while under the influence of alcohol, a drug, or the combined influence of alcohol and any drug.
42l          (b) "Assessment" means an in-depth clinical interview with a licensed mental health therapist:
42m          (i) used to determine if a person is in need of:☆
42n          ☆
(A) substance abuse treatment that is obtained at a substance abuse program;
42o          (B) an educational series; or
42p          (C) a combination of Subsections (1)(b)(i)(A) and (B); and
42q          (ii) that is approved by the Division of Substance Abuse and Mental Health in accordance with
42r     Section 62A-15-105.
42s          (c) "Driving under the influence court" means a court that is approved as a driving under the
42t     influence court by the Utah Judicial Council according to standards established by the Judicial Council.
42u          (d) "Drug" or "drugs" means:
42v          (i) a controlled substance as defined in Section 58-37-2;
42w          (ii) a drug as defined in Section 58-17b-102; or
42x          (iii) any substance that, when knowingly, intentionally, or recklessly taken into the human body, can
42y     impair the ability of a person to safely operate a motor vehicle.
42z          (e) "Educational series" means an educational series obtained at a substance abuse program that is
42aa     approved by the Division of Substance Abuse and Mental Health in accordance with Section 62A-15-105.
42ab          (f) "Negligence" means simple negligence, the failure to exercise that degree of care that an
42ac     ordinarily reasonable and prudent person exercises under like or similar circumstances.
42ad          (g) "Novice learner driver" means an individual who:
42ae          (i) has applied for a Utah driver license;
42af          (ii) has not previously held a driver license in this state or another state; and
42ag          (iii) has not completed the requirements for issuance of a Utah driver license.
42ah          (h) "Screening" means a preliminary appraisal of a person:
42ai          (i) used to determine if the person is in need of:
42aj          (A) an assessment; or
42ak          (B) an educational series; and
42al          (ii) that is approved by the Division of Substance Abuse and Mental Health in accordance with
42am     Section 62A-15-105.
42an          (i) "Serious bodily injury" means bodily injury that creates or causes:
42ao          (i) serious permanent disfigurement;
42ap          (ii) protracted loss or impairment of the function of any bodily member or organ; or
42aq          (iii) a substantial risk of death.
42ar          (j) "Substance abuse treatment" means treatment obtained at a substance abuse program that is
42as     approved by the Division of Substance Abuse and Mental Health in accordance with Section 62A-15-105.
42at          (k) "Substance abuse treatment program" means a state licensed substance abuse program.
42au          (l) (i) "Vehicle" or "motor vehicle" means a vehicle or motor vehicle as defined in Section
42av     41-6a-102; and
42aw          (ii) "Vehicle" or "motor vehicle" includes:
42ax          (A) an off-highway vehicle as defined under Section 41-22-2; and
42ay          (B) a motorboat as defined in Section 73-18-2.☆

42az          ☆
(2) As used in Section 41-6a-503:
42ba          (a) "Conviction" means any conviction arising from a separate episode of driving for a violation of:
42bb          (i) driving under the influence under Section 41-6a-502;
42bc          (ii) (A) for an offense committed before July 1, 2008, alcohol, any drug, or a combination of
42bd     both-related reckless driving under:
42be          (I) Section 41-6a-512; and
42bf          (II) Section 41-6a-528; or
42bg          (B) for an offense committed on or after July 1, 2008, impaired driving under Section 41-6a-502.5;
42bh          (iii) driving with any measurable controlled substance that is taken illegally in the body under
42bi     Section 41-6a-517;
42bj          (iv) local ordinances similar to Section 41-6a-502, alcohol, any drug, or a combination of
42bk     both-related reckless driving, or impaired driving under Section 41-6a-502.5 adopted in compliance with
42bl     Section 41-6a-510;
42bm          (v) automobile homicide under Section 76-5-207;
42bn          (vi) Subsection 58-37-8(2)(g);
42bo          (vii) a violation described in Subsections (2)(a)(i) through (vi), which judgment of conviction is
42bp     reduced under Section 76-3-402;
42bq          (viii) refusal of a chemical test under Subsection 41-6a-520(7); or
42br          (ix) statutes or ordinances previously in effect in this state or in effect in any other state, the United
42bs     States, or any district, possession, or territory of the United States which would constitute a violation of
42bt     Section 41-6a-502 or alcohol, any drug, or a combination of both-related reckless driving if committed in this
42bu     state, including punishments administered under 10 U.S.C. Sec. 815.
42bv          (b) A plea of guilty or no contest to a violation described in Subsections (2)(a)(i) through (ix) which
42bw     plea was held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, prior to July 1, 2008, is the
42bx     equivalent of a conviction, even if the charge has been subsequently reduced or dismissed in accordance with
42by     the plea in abeyance agreement, for purposes of:
42bz          (i) enhancement of penalties under:
42ca          (A) this Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving; and
42cb          (B) automobile homicide under Section 76-5-207; and
42cc          (ii) expungement under Title 77, Chapter 40, Utah Expungement Act.
42cd          (c) An admission to a violation of Section 41-6a-502 in juvenile court is the equivalent of a
42ce     conviction even if the charge has been subsequently dismissed in accordance with the Utah Rules of Juvenile
42cf     Procedure for the purposes of enhancement of penalties under:
42cg          (i) this part; and
42ch          (ii) automobile homicide under Section 76-5-207.

42ci          (3) As used in Section 41-6a-505, "controlled substance" does not include an inactive
42cj     metabolite of a controlled substance. ←Ĥ

43          
Section 1. Section 41-6a-502.5 is amended to read:
44          41-6a-502.5. Impaired driving -- Penalty -- Reporting of convictions -- Sentencing
45     requirements.
46          (1) With the agreement of the prosecutor, a plea to a class B misdemeanor violation of
47     Section 41-6a-502 committed on or after July 1, 2008, may be entered as a conviction of
48     impaired driving under this section if:
49          (a) the defendant completes court ordered probation requirements; or
50          (b) (i) the prosecutor agrees as part of a negotiated plea; and
51          (ii) the court finds the plea to be in the interest of justice.
52          (2) A conviction entered under this section is a class B misdemeanor.
53          (3) (a) (i) If the entry of an impaired driving plea is based on successful completion of
54     probation under Subsection (1)(a), the court shall enter the conviction at the time of the plea.
55          (ii) If the defendant fails to appear before the court and establish successful completion
56     of the court ordered probation requirements under Subsection (1)(a), the court shall enter an

57     amended conviction of Section 41-6a-502.
58          (iii) The date of entry of the amended order under Subsection (3)(a)(ii) is the date of
59     conviction.
60          (b) The court may enter a conviction of impaired driving immediately under
61     Subsection (1)(b).
62          (4) For purposes of Section 76-3-402, the entry of a plea to a class B misdemeanor
63     violation of Section 41-6a-502 as impaired driving under this section is a reduction of one
64     degree.
65          (5) (a) The court shall notify the Driver License Division of each conviction entered
66     under this section.
67          (b) Beginning on July 1, 2012, a court shall, monthly, send to the Division of
68     Occupational and Professional Licensing, created in Section 58-1-103, a report containing the
69     name, case number, and, if known, the date of birth of each person convicted during the
70     preceding month of a violation of this section for whom there is evidence that the person was
71     driving while impaired, in whole or in part, by a prescribed controlled substance.
72          (6) (a) The provisions in Subsections [41-6a-505(1), (2), and (4)] 41-6a-505(1), (3),
73     (5), and (7) that require a sentencing court to order a convicted person to participate in a
74     screening, an assessment, or an educational series, or obtain substance abuse treatment or do a
75     combination of those things, apply to a conviction entered under this section.
76          (b) The court shall render the same order regarding screening, assessment, an
77     educational series, or substance abuse treatment in connection with a first, second, or
78     subsequent conviction under this section as the court would render in connection with applying
79     respectively, the first, second, or subsequent conviction requirements of [Subsection]
80     Subsections [41-6a-505(1), (2), or (4)] 41-6a-505(1), (3), (5), and (7).
81          (7) (a) Except as provided in Subsection (7)(b), a report authorized by Section
82     53-3-104 may not contain any evidence of a conviction for impaired driving in this state if the
83     reporting court notifies the Driver License Division that the defendant is participating in or has
84     successfully completed the program of a driving under the influence court.
85          (b) The provisions of Subsection (7)(a) do not apply to a report concerning:
86          (i) a CDL license holder; or
87          (ii) a violation that occurred in a commercial motor vehicle.

88          (8) The provisions of this section are not available:
89          (a) to a person who has a prior conviction as that term is defined in Subsection
90     41-6a-501(2)[.]; or
91          (b) where there is admissible evidence that the individual:
92          (i) had a blood alcohol level of .16 or higher;
93          (ii) had a blood alcohol level of .05 or higher in addition to any measurable controlled
94     substance; or
95          (iii) had a combination of two or more controlled substances in the person's body that
96     were not:
97          (A) prescribed by a licensed physician; or
98          (B) recommended in accordance with Title 26, Chapter 61a, Utah Medical Cannabis
99     Act.
100          Section 2. Section 41-6a-503 is amended to read:
101          41-6a-503. Penalties for driving under the influence violations.
102          (1) A person who violates for the first or second time Section 41-6a-502 is guilty of a:
103          (a) class B misdemeanor; or
104          (b) class A misdemeanor if the person:
105          (i) has also inflicted bodily injury upon another as a proximate result of having
106     operated the vehicle in a negligent manner;
107          (ii) had a passenger under 16 years of age in the vehicle at the time of the offense;
108          (iii) was 21 years of age or older and had a passenger under 18 years of age in the
109     vehicle at the time of the offense; or
110          (iv) at the time of the violation of Section 41-6a-502, also violated Section 41-6a-712
111     or 41-6a-714.
112          (2) A person who violates Section 41-6a-502 is guilty of a third degree felony if:
113          (a) the person has also inflicted serious bodily injury upon another as a proximate
114     result of having operated the vehicle in a negligent manner;
115          (b) the person has two or more prior convictions as defined in Subsection
116     41-6a-501(2), each of which is within 10 years of:
117          (i) the current conviction under Section 41-6a-502; or
118          (ii) the commission of the offense upon which the current conviction is based; or

119          (c) the conviction under Section 41-6a-502 is at any time after a conviction of:
120          (i) automobile homicide under Section 76-5-207 that is committed after July 1, 2001;
121          (ii) a felony violation of Section 41-6a-502 or a statute previously in effect in this state
122     that would constitute a violation of Section 41-6a-502 that is committed after July 1, 2001; or
123          (iii) any conviction described in Subsection (2)(c)(i) or (ii) which judgment of
124     conviction is reduced under Section 76-3-402.
125          (3) A person is guilty of a separate offense for each victim suffering bodily injury or
126     serious bodily injury as a result of the person's violation of Section 41-6a-502 or death as a
127     result of the person's violation of Section 76-5-207 whether or not the injuries arise from the
128     same episode of driving.
129          (4) A person is guilty of a separate offense under Subsection (1)(b)(ii) for each
130     passenger in the vehicle at the time of the offense that is under 16 years old.
131          Section 3. Section 41-6a-505 is amended to read:
132          41-6a-505. Sentencing requirements for driving under the influence of alcohol,
133     drugs, or a combination of both violations.
134          (1) As part of any sentence for a first conviction of Section 41-6a-502 where there is
135     admissible evidence that the individual had a blood alcohol level of .16 or higher, had a blood
136     alcohol level of .05 or higher in addition to any measurable controlled substance, or had a
137     combination of two or more controlled substances in the individual's body that were not
138     recommended in accordance with Title 26, Chapter 61a, Utah Medical Cannabis Act or
139     prescribed:
140          (a) the court shall:
141          (i) (A) impose a jail sentence of not less than [48 consecutive hours] five days; or
142          (B) [require the individual to work in a compensatory-service work program for not
143     less than 48 hours;] impose a jail sentence of not less than two days in addition to home
144     confinement of not fewer than 30 consecutive days through the use of electronic monitoring
145     that includes a substance abuse testing instrument in accordance with Section 41-6a-506;
146          (ii) order the individual to participate in a screening;
147          (iii) order the individual to participate in an assessment, if it is found appropriate by a
148     screening under Subsection (1)(a)(ii);
149          (iv) order the individual to participate in an educational series if the court does not

150     order substance abuse treatment as described under Subsection (1)(b);
151          (v) impose a fine of not less than $700;
152          (vi) order probation for the individual in accordance with Section 41-6a-507[, if there
153     is admissible evidence that the individual had a blood alcohol level of .16 or higher];
154          (vii) (A) order the individual to pay the administrative impound fee described in
155     Section 41-6a-1406; or
156          (B) if the administrative impound fee was paid by a party described in Subsection
157     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
158     reimburse the party; or
159          (viii) (A) order the individual to pay the towing and storage fees described in Section
160     72-9-603; or
161          (B) if the towing and storage fees were paid by a party described in Subsection
162     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
163     reimburse the party; and
164          (b) the court may:
165          (i) order the individual to obtain substance abuse treatment if the substance abuse
166     treatment program determines that substance abuse treatment is appropriate;
167          (ii) order probation for the individual in accordance with Section 41-6a-507;
168          (iii) order the individual to participate in a [24-7] 24/7 sobriety program as defined in
169     Section 41-6a-515.5 if the individual is 21 years [of age] old or older; or
170          (iv) order a combination of Subsections (1)(b)(i) through (iii).
171          (2) (a) If an individual described in Subsection (1) is participating in a 24/7 sobriety
172     program as defined in Section 41-6a-515.5, the court may suspend the jail sentence imposed
173     under Subsection (1)(a).
174          (b) If an individual described in Subsection (1) fails to successfully complete all of the
175     requirements of the 24/7 sobriety program, the court shall impose the suspended jail sentence
176     described in Subsection (2)(a).
177          (3) As part of any sentence for any first conviction of Section 41-6a-502 not described
178     in Subsection (1):
179          (a) the court shall:
180          (i) (A) impose a jail sentence of not less than 2 days; or

181          (B) require the individual to work in a compensatory-service work program for not less
182     than 48 hours;
183          (ii) order the individual to participate in a screening;
184          (iii) order the individual to participate in an assessment, if it is found appropriate by a
185     screening under Subsection (3)(a)(ii);
186          (iv) order the individual to participate in an educational series if the court does not
187     order substance abuse treatment as described under Subsection (3)(b);
188          (v) impose a fine of not less than $700;
189          (vi) (A) order the individual to pay the administrative impound fee described in Section
190     41-6a-1406; or
191          (B) if the administrative impound fee was paid by a party described in Subsection
192     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
193     reimburse the party; or
194          (vii) (A) order the individual to pay the towing and storage fees described in Section
195     72-9-603; or
196          (B) if the towing and storage fees were paid by a party described in Subsection
197     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
198     reimburse the party; and
199          (b) the court may:
200          (i) order the individual to obtain substance abuse treatment if the substance abuse
201     treatment program determines that substance abuse treatment is appropriate;
202          (ii) order probation for the individual in accordance with Section 41-6a-507;
203          (iii) order the individual to participate in a 24/7 sobriety program as defined in Section
204     41-6a-515.5 if the individual is 21 years old or older; or
205          (iv) order a combination of Subsections (3)(b)(i) through (iii).
206          (4) (a) If an individual described in Subsection (3) is participating in a 24/7 sobriety
207     program as defined in Section 41-6a-515.5, the court may suspend the jail sentence imposed
208     under Subsection (3)(a).
209          (b) If an individual described in Subsection (4)(a) fails to successfully complete all of
210     the requirements of the 24/7 sobriety program, the court shall impose the suspended jail
211     sentence described in Subsection (4)(a).

212          [(2)] (5) If an individual has a prior conviction as defined in Subsection 41-6a-501(2)
213     that is within 10 years of the current conviction under Section 41-6a-502 or the commission of
214     the offense upon which the current conviction is based and where there is admissible evidence
215     that the individual had a blood alcohol level of .16 or higher, had a blood alcohol level of .05 or
216     higher in addition to any measurable controlled substance, or had a combination of two or more
217     controlled substances in the individual's body that were not recommended in accordance with
218     Title 26, Chapter 61a, Utah Medical Cannabis Act or prescribed:
219          (a) the court shall:
220          (i) (A) impose a jail sentence of not less than [240 hours] 20 days; Ĥ→ [
or] ←Ĥ
221          (B) impose a jail sentence of not less than [120 hours] 10 days in addition to home
222     confinement of not fewer than [720 consecutive hours] 60 consecutive days through the use of
223     electronic monitoring that includes a substance abuse testing instrument in accordance with
224     Section 41-6a-506; Ĥ→ or
224a          (C) impose a jail sentence of not less than 10 days in addition to ordering the individual
224b     to obtain substance abuse treatment, if the court finds that substance abuse treatment is more
224c     likely to reduce recidivism and is in the interests of public safety; ←Ĥ
225          (ii) order the individual to participate in a screening;
226          (iii) order the individual to participate in an assessment, if it is found appropriate by a
227     screening under Subsection [(2)] (5)(a)(ii);
228          (iv) order the individual to participate in an educational series if the court does not
229     order substance abuse treatment as described under Subsection [(2)] (5)(b);
230          (v) impose a fine of not less than $800;
231          (vi) order probation for the individual in accordance with Section 41-6a-507;
232          (vii) (A) order the individual to pay the administrative impound fee described in
233     Section 41-6a-1406; or
234          (B) if the administrative impound fee was paid by a party described in Subsection
235     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
236     reimburse the party; or
237          (viii) (A) order the individual to pay the towing and storage fees described in Section
238     72-9-603; or
239          (B) if the towing and storage fees were paid by a party described in Subsection
240     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
241     reimburse the party; and
242          (b) the court may:
243          (i) order the individual to obtain substance abuse treatment if the substance abuse
244     treatment program determines that substance abuse treatment is appropriate;
245          (ii) order the individual to participate in a [24-7] 24/7 sobriety program as defined in
246     Section 41-6a-515.5 if the individual is 21 years [of age] old or older; or
247          (iii) order a combination of Subsections [(2)] (5)(b)(i) and (ii).
248          (6) (a) If an individual described in Subsection (5) is participating in a 24/7 sobriety
249     program as defined in Section 41-6a-515.5, the court may suspend the jail sentence imposed
250     under Subsection (5)(a) after the individual has served a minimum of:
251          (i) five days of the jail sentence for a second offense; or
252          (ii) 10 days of the jail sentence for a third or subsequent offense.
253          (b) If an individual described in Subsection (6)(a) fails to successfully complete all of
254     the requirements of the 24/7 sobriety program, the court shall impose the suspended jail
255     sentence described in Subsection (6)(a).
256          (7) If an individual has a prior conviction as defined in Subsection 41-6a-501(2) that is
257     within 10 years of the current conviction under Section 41-6a-502 or the commission of the
258     offense upon which the current conviction is based and that does not qualify under Subsection
259     (5):
260          (a) the court shall:
261          (i) (A) impose a jail sentence of not less than 10 days; or
262          (B) impose a jail sentence of not less than 5 days in addition to home confinement of
263     not fewer than 30 consecutive days through the use of electronic monitoring that includes a
264     substance abuse testing instrument in accordance with Section 41-6a-506;
265          (ii) order the individual to participate in a screening;
266          (iii) order the individual to participate in an assessment, if it is found appropriate by a
267     screening under Subsection (7)(a)(ii);
268          (iv) order the individual to participate in an educational series if the court does not
269     order substance abuse treatment as described under Subsection (7)(b);
270          (v) impose a fine of not less than $800;
271          (vi) order probation for the individual in accordance with Section 41-6a-507;
272          (vii) (A) order the individual to pay the administrative impound fee described in
273     Section 41-6a-1406; or

274          (B) if the administrative impound fee was paid by a party described in Subsection
275     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
276     reimburse the party; or
277          (viii) (A) order the individual to pay the towing and storage fees described in Section
278     72-9-603; or
279          (B) if the towing and storage fees were paid by a party described in Subsection
280     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
281     reimburse the party; and
282          (b) the court may:
283          (i) order the individual to obtain substance abuse treatment if the substance abuse
284     treatment program determines that substance abuse treatment is appropriate;
285          (ii) order the individual to participate in a 24/7 sobriety program as defined in Section
286     41-6a-515.5 if the individual is 21 years old or older; or
287          (iii) order a combination of Subsections (7)(b)(i) and (ii).
288          (8) (a) If an individual described in Subsection (7) is participating in a 24/7 sobriety
289     program as defined in Section 41-6a-515.5, the court may suspend the jail sentence imposed
290     under Subsection (7)(a) after the individual has served a minimum of:
291          (i) five days of the jail sentence for a second offense; or
292          (ii) 10 days of the jail sentence for a third or subsequent offense.
293          (b) If an individual described in Subsection (8)(a) fails to successfully complete all of
294     the requirements of the 24/7 sobriety program, the court shall impose the suspended jail
295     sentence described in Subsection (8)(a).
296          [(3)] (9) Under Subsection 41-6a-503(2), if the court suspends the execution of a
297     prison sentence and places the defendant on probation where there is admissible evidence that
298     the individual had a blood alcohol level of .16 or higher, had a blood alcohol level of .05 in
299     addition to any measurable controlled substance, or had a combination of two or more
300     controlled substances in the person's body that were not recommended in accordance with Title
301     26, Chapter 61a, Utah Medical Cannabis Act or prescribed, the court shall impose:
302          (a) a fine of not less than $1,500;
303          (b) a jail sentence of not less than [1,500 hours] 120 days; [and]
304          (c) home confinement of not fewer than 120 consecutive days through the use of

305     electronic monitoring that includes a substance abuse testing instrument in accordance with
306     Section 41-6a-506; and
307          [(c)] (d) supervised probation.
308          [(4)] (10) (a) For Subsection [(3)] (9) or Subsection 41-6a-503(2)(b), the court:
309          [(a)] (i) shall impose an order requiring the individual to obtain a screening and
310     assessment for alcohol and substance abuse, and treatment as appropriate; and
311          [(b)] (ii) may impose an order requiring the individual to participate in a [24-7] 24/7
312     sobriety program as defined in Section 41-6a-515.5 if the individual is 21 years [of age] old or
313     older.
314          (b) If an individual described in Subsection (10)(a)(ii) fails to successfully complete all
315     of the requirements of the 24/7 sobriety program, the court shall impose the suspended prison
316     sentence described in Subsection (9).
317          [(5) The requirements of Subsections (1)(a), (2)(a), (3), and (4) may not be suspended.]
318          (11) Under Subsection 41-6a-503(2), if the court suspends the execution of a prison
319     sentence and places the defendant on probation with a sentence not described in Subsection (9),
320     the court shall impose:
321          (a) a fine of not less than $1,500;
322          (b) a jail sentence of not less than 60 days;
323          (c) home confinement of not fewer than 60 consecutive days through the use of
324     electronic monitoring that includes a substance abuse testing instrument in accordance with
325     Section 41-6a-506; and
326          (d) supervised probation.
327          (12) (a) (i) Except as described in Subsection (12)(a)(ii), a court may not suspend the
328     requirements of this section.
329          (ii) A court may suspend requirements as described in Subsection (2), (4), (6), (8),
330     (10)(b) or (11).
331          (b) A court Ĥ→ [
or jail may not] , with stipulation of both parties and approval from the
331a     judge, may ←Ĥ convert a jail sentence required in this section to electronic
332     home confinement.
332a          Ĥ→ (c) A court may order a jail sentence imposed as a condition of misdemeanor
332b     probation under this section to be served in multiple two-day increments at weekly intervals if
332c     the court determines that separate jail increments are necessary to ensure the defendant can
332d     serve the statutorily required jail term and maintain employment. ←Ĥ
333          [(6)] (13) If an individual is convicted of a violation of Section 41-6a-502 and there is
334     admissible evidence that the individual had a blood alcohol level of .16 or higher, the court
335     shall order the following, or describe on record why the order or orders are not appropriate:

336          (a) treatment as described under Subsection (1)(b), [(2)(b), or (4)] (3)(b), (5)(b), or
337     (7)(b); and
338          (b) one or more of the following:
339          (i) the installation of an ignition interlock system as a condition of probation for the
340     individual in accordance with Section 41-6a-518;
341          (ii) the imposition of an ankle attached continuous transdermal alcohol monitoring
342     device as a condition of probation for the individual; or
343          (iii) the imposition of home confinement through the use of electronic monitoring in
344     accordance with Section 41-6a-506.
345          Section 4. Section 41-6a-512 is amended to read:
346          41-6a-512. Factual basis for alcohol or drug-related reckless driving plea.
347          (1) (a) The prosecution shall state for the record a factual basis for a plea, including
348     whether or not there had been consumption of alcohol, drugs, or a combination of both, by the
349     defendant in connection with the violation when the prosecution agrees to a plea of guilty or no
350     contest to a charge of a violation of the following in satisfaction of, or as a substitute for, an
351     original charge of a violation of Section 41-6a-502 for an offense committed before July 1,
352     2008:
353          (i) reckless driving under Section 41-6a-528; or
354          (ii) an ordinance enacted under Section 41-6a-510.
355          (b) The statement under Subsection (1)(a) is an offer of proof of the facts that shows
356     whether there was consumption of alcohol, drugs, or a combination of both, by the defendant,
357     in connection with the violation.
358          (2) The court shall advise the defendant before accepting the plea offered under this
359     section of the consequences of a violation of Section 41-6a-528.
360          (3) The court shall notify the Driver License Division of each conviction of Section
361     41-6a-528 entered under this section.
362          (4) (a) The provisions in Subsections [41-6a-505(1), (2), and (4)] 41-6a-505(1), (3),
363     (5), and (7) that require a sentencing court to order a convicted person to participate in a
364     screening, an assessment, or an educational series or obtain substance abuse treatment or do a
365     combination of those things, apply to a conviction for a violation of Section 41-6a-528 under
366     Subsection (1).

367          (b) The court shall render the same order regarding screening, assessment, an
368     educational series, or substance abuse treatment in connection with a first, second, or
369     subsequent conviction under Section 41-6a-528 under Subsection (1), as the court would
370     render in connection with applying respectively, the first, second, or subsequent conviction
371     requirements of Subsections [41-6a-505(1), (2), and (4)] 41-6a-505(1), (3), (5), and (7).
372          Section 5. Section 77-2a-3 is amended to read:
373          77-2a-3. Manner of entry of plea -- Powers of court.
374          (1) (a) Acceptance of any plea in anticipation of a plea in abeyance agreement shall be
375     done in full compliance with the provisions of Rule 11, Utah Rules of Criminal Procedure.
376          (b) In cases charging offenses for which bail may be forfeited, a plea in abeyance
377     agreement may be entered into without a personal appearance before a magistrate.
378          (2) A plea in abeyance agreement may provide that the court may, upon finding that the
379     defendant has successfully completed the terms of the agreement:
380          (a) reduce the degree of the offense and enter judgment of conviction and impose
381     sentence for a lower degree of offense; or
382          (b) allow withdrawal of defendant's plea and order the dismissal of the case.
383          (3) Upon finding that a defendant has successfully completed the terms of a plea in
384     abeyance agreement, the court may reduce the degree of the offense or dismiss the case only as
385     provided in the plea in abeyance agreement or as agreed to by all parties. Upon sentencing a
386     defendant for any lesser offense pursuant to a plea in abeyance agreement, the court may not
387     invoke Section 76-3-402 to further reduce the degree of the offense.
388          (4) The court may require the Department of Corrections to assist in the administration
389     of the plea in abeyance agreement as if the defendant were on probation to the court under
390     Section 77-18-1.
391          (5) The terms of a plea in abeyance agreement may include:
392          (a) an order that the defendant pay a nonrefundable plea in abeyance fee, with a
393     surcharge based on the amount of the plea in abeyance fee, both of which shall be allocated in
394     the same manner as if paid as a fine for a criminal conviction under Section 78A-5-110 and a
395     surcharge under Title 51, Chapter 9, Part 4, Criminal Conviction Surcharge Allocation, and
396     which may not exceed in amount the maximum fine and surcharge which could have been
397     imposed upon conviction and sentencing for the same offense;

398          (b) an order that the defendant pay restitution to the victims of the defendant's actions
399     as provided in Title 77, Chapter 38a, Crime Victims Restitution Act;
400          (c) an order that the defendant pay the costs of any remedial or rehabilitative program
401     required by the terms of the agreement; and
402          (d) an order that the defendant comply with any other conditions which could have
403     been imposed as conditions of probation upon conviction and sentencing for the same offense.
404          (6) A court may not hold a plea in abeyance without the consent of both the
405     prosecuting attorney and the defendant. A decision by a prosecuting attorney not to agree to a
406     plea in abeyance is final.
407          (7) No plea may be held in abeyance in any case involving a sexual offense against a
408     victim who is under the age of 14.
409          (8) [Beginning on July 1, 2008, no] No plea may be held in abeyance in any case
410     involving a driving under the influence violation under Section 41-6a-502, 41-6a-502.5,
411     41-6a-517, or 41-6a-520.