1     
ACCIDENT REPORT AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Todd D. Weiler

5     
House Sponsor: Melissa G. Ballard

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to the disclosure of an accident report.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends provisions related to the disclosure of an accident report to allow the
13     Department of Transportation, the Division of Risk Management, and the Office of
14     State Debt Collection to disclose an accident report to certain relevant parties.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          41-6a-404, as last amended by Laws of Utah 2018, Chapter 162
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 41-6a-404 is amended to read:
25          41-6a-404. Accident reports -- When confidential -- Insurance policy information
26     -- Use as evidence -- Penalty for false information.
27          (1) As used in this section:

28          (a) "Accompanying data" means all materials gathered by the investigating peace
29     officer in an accident investigation including:
30          (i) the identity of witnesses and, if known, contact information;
31          (ii) witness statements;
32          (iii) photographs and videotapes;
33          (iv) diagrams; and
34          (v) field notes.
35          (b) "Agent" means:
36          (i) a person's attorney;
37          (ii) a person's insurer;
38          (iii) a general acute hospital, as defined in Section 26-21-2, that:
39          (A) has an emergency room; and
40          (B) is providing or has provided emergency services to the person in relation to the
41     accident; or
42          (iv) any other individual or entity with signed permission from the person to receive
43     the person's accident report.
44          (2) (a) Except as provided in Subsections (3) and (7), all accident reports required in
45     this part to be filed with the department:
46          (i) are without prejudice to the reporting individual;
47          (ii) are protected and for the confidential use of the department or other state, local, or
48     federal agencies having use for the records for official governmental statistical, investigative,
49     and accident prevention purposes; and
50          (iii) may be disclosed only in a statistical form that protects the privacy of any person
51     involved in the accident.
52          (b) An investigating peace officer shall include in an accident report an indication as to
53     whether the accident occurred on a highway designated as a livestock highway in accordance
54     with Section 72-3-112 if the accident resulted in the injury or death of livestock.
55          (3) (a) Subject to the provisions of this section, the department or the responsible law
56     enforcement agency employing the peace officer that investigated the accident shall disclose an
57     accident report to:
58          (i) a person involved in the accident, excluding a witness to the accident;

59          (ii) a person suffering loss or injury in the accident;
60          (iii) an agent, parent, or legal guardian of a person described in Subsections (3)(a)(i)
61     and (ii);
62          (iv) subject to Subsection (3)(d), a member of the press or broadcast news media;
63          (v) a state, local, or federal agency that uses the records for official governmental,
64     investigative, or accident prevention purposes;
65          (vi) law enforcement personnel when acting in their official governmental capacity;
66     and
67          (vii) a licensed private investigator.
68          (b) The responsible law enforcement agency employing the peace officer that
69     investigated the accident:
70          (i) shall in compliance with Subsection (3)(a):
71          (A) disclose an accident report; or
72          (B) upon written request disclose an accident report and its accompanying data within
73     10 business days from receipt of a written request for disclosure; or
74          (ii) may withhold an accident report, and any of its accompanying data if disclosure
75     would jeopardize an ongoing criminal investigation or criminal prosecution.
76          (c) In accordance with Subsection (3)(a), the department or the responsible law
77     enforcement agency employing the investigating peace officer shall disclose whether any
78     person or vehicle involved in an accident reported under this section was covered by a vehicle
79     insurance policy, and the name of the insurer.
80          (d) Information provided to a member of the press or broadcast news media under
81     Subsection (3)(a)(iv) may only include:
82          (i) the name, age, sex, and city of residence of each person involved in the accident;
83          (ii) the make and model year of each vehicle involved in the accident;
84          (iii) whether or not each person involved in the accident was covered by a vehicle
85     insurance policy;
86          (iv) the location of the accident; and
87          (v) a description of the accident that excludes personal identifying information not
88     listed in Subsection (3)(d)(i).
89          (e) The department shall disclose to any requesting person the following vehicle

90     accident history information, excluding personal identifying information, in bulk electronic
91     form:
92          (i) any vehicle identifying information that is electronically available, including the
93     make, model year, and vehicle identification number of each vehicle involved in an accident;
94          (ii) the date of the accident; and
95          (iii) any electronically available data which describes the accident, including a
96     description of any physical damage to the vehicle.
97          (f) The department may establish a fee under Section 63J-1-504 based on the fair
98     market value of the information for providing bulk vehicle accident history information under
99     Subsection (3)(e).
100          (4) (a) Except as provided in Subsection (4)(b), accident reports filed under this section
101     may not be used as evidence in any civil or criminal trial arising out of an accident.
102          (b) (i) Upon demand of any party to the trial or upon demand of any court, the
103     department shall furnish a certificate showing that a specified accident report has or has not
104     been made to the department in compliance with law.
105          (ii) If the report has been made, the certificate furnished by the department shall show:
106          (A) the date, time, and location of the accident;
107          (B) the names and addresses of the drivers;
108          (C) the owners of the vehicles involved; and
109          (D) the investigating peace officers.
110          (iii) The reports may be used as evidence when necessary to prosecute charges filed in
111     connection with a violation of Subsection (5).
112          (5) A person who gives information in reports as required in this part knowing or
113     having reason to believe that the information is false is guilty of a class A misdemeanor.
114          (6) The department and the responsible law enforcement agency employing the
115     investigating peace officer may charge a reasonable fee determined by the department under
116     Section 63J-1-504 for the cost incurred in disclosing an accident report or an accident report
117     and any of its accompanying data under Subsections (3)(a) and (b).
118          (7) (a) The Office of State Debt Collection, the Division of Risk Management, and the
119     Department of Transportation may, in the performance of [its] the regular duties of each
120     respective division or department, disclose an accident report to:

121          (i) a person involved in the accident, excluding a witness to the accident;
122          (ii) an owner of a vehicle involved in the accident; [or]
123          (iii) an agent, parent, or legal guardian of a person described in Subsection (7)(a)(i) or
124     (ii)[.]; or
125          (iv) an insurer that provides motor vehicle insurance to a person described in
126     Subsection (7)(a)(i) or (iii).
127          (b) A disclosure under Subsection (7)(a) does not change the classification of the
128     record as a protected record under Section 63G-2-305.