1     
DRIVER LICENSE SUSPENSION REVISIONS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Karen Mayne

5     
House Sponsor: Ryan D. Wilcox

6     

7     LONG TITLE
8     General Description:
9          This bill limits suspension of an individual's driver license for certain offenses.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends driver license suspension for certain drug related offenses to offenses
13     involving the controlled substance or paraphernalia in the passenger compartment of
14     the vehicle;
15          ▸     removes driver license suspension requirements for certain offenses related to
16     custodial interference; and
17          ▸     makes technical changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          53-3-220, as last amended by Laws of Utah 2020, Chapter 177
25          76-5-303, as last amended by Laws of Utah 2017, Chapter 181
26     

27     Be it enacted by the Legislature of the state of Utah:

28          Section 1. Section 53-3-220 is amended to read:
29          53-3-220. Offenses requiring mandatory revocation, denial, suspension, or
30     disqualification of license -- Offense requiring an extension of period -- Hearing --
31     Limited driving privileges.
32          (1) (a) The division shall immediately revoke or, when this chapter, Title 41, Chapter
33     6a, Traffic Code, or Section 76-5-303, specifically provides for denial, suspension, or
34     disqualification, the division shall deny, suspend, or disqualify the license of a person upon
35     receiving a record of the person's conviction for:
36          (i) manslaughter or negligent homicide resulting from driving a motor vehicle, or
37     automobile homicide under Section 76-5-207 or 76-5-207.5;
38          (ii) driving or being in actual physical control of a motor vehicle while under the
39     influence of alcohol, any drug, or combination of them to a degree that renders the person
40     incapable of safely driving a motor vehicle as prohibited in Section 41-6a-502 or as prohibited
41     in an ordinance that complies with the requirements of Subsection 41-6a-510(1);
42          (iii) driving or being in actual physical control of a motor vehicle while having a blood
43     or breath alcohol content as prohibited in Section 41-6a-502 or as prohibited in an ordinance
44     that complies with the requirements of Subsection 41-6a-510(1);
45          (iv) perjury or the making of a false affidavit to the division under this chapter, Title
46     41, Motor Vehicles, or any other law of this state requiring the registration of motor vehicles or
47     regulating driving on highways;
48          (v) any felony under the motor vehicle laws of this state;
49          (vi) any other felony in which a motor vehicle is used to facilitate the offense;
50          (vii) failure to stop and render aid as required under the laws of this state if a motor
51     vehicle accident results in the death or personal injury of another;
52          (viii) two charges of reckless driving, impaired driving, or any combination of reckless
53     driving and impaired driving committed within a period of 12 months; but if upon a first
54     conviction of reckless driving or impaired driving the judge or justice recommends suspension
55     of the convicted person's license, the division may after a hearing suspend the license for a
56     period of three months;
57          (ix) failure to bring a motor vehicle to a stop at the command of a law enforcement
58     officer as required in Section 41-6a-210;

59          (x) any offense specified in Part 4, Uniform Commercial Driver License Act, that
60     requires disqualification;
61          (xi) a felony violation of Section 76-10-508 or 76-10-508.1 involving discharging or
62     allowing the discharge of a firearm from a vehicle;
63          (xii) using, allowing the use of, or causing to be used any explosive, chemical, or
64     incendiary device from a vehicle in violation of Subsection 76-10-306(4)(b);
65          (xiii) operating or being in actual physical control of a motor vehicle while having any
66     measurable controlled substance or metabolite of a controlled substance in the person's body in
67     violation of Section 41-6a-517;
68          (xiv) operating or being in actual physical control of a motor vehicle while having any
69     measurable or detectable amount of alcohol in the person's body in violation of Section
70     41-6a-530;
71          (xv) engaging in a motor vehicle speed contest or exhibition of speed on a highway in
72     violation of Section 41-6a-606;
73          (xvi) operating or being in actual physical control of a motor vehicle in this state
74     without an ignition interlock system in violation of Section 41-6a-518.2; or
75          [(xvii) custodial interference, under:]
76          [(A) Subsection 76-5-303(3), which suspension shall be for a period of 30 days, unless
77     the court provides the division with an order of suspension for a shorter period of time;]
78          [(B) Subsection 76-5-303(4), which suspension shall be for a period of 90 days, unless
79     the court provides the division with an order of suspension for a shorter period of time; or]
80          [(C) Subsection 76-5-303(5), which suspension shall be for a period of 180 days,
81     unless the court provides the division with an order of suspension for a shorter period of time;
82     or]
83          [(xviii)] (xvii) refusal of a chemical test under Subsection 41-6a-520(7).
84          (b) The division shall immediately revoke the license of a person upon receiving a
85     record of an adjudication under Title 78A, Chapter 6, Juvenile Court Act, for:
86          (i) a felony violation of Section 76-10-508 or 76-10-508.1 involving discharging or
87     allowing the discharge of a firearm from a vehicle; or
88          (ii) using, allowing the use of, or causing to be used any explosive, chemical, or
89     incendiary device from a vehicle in violation of Subsection 76-10-306(4)(b).

90          (c) Except when action is taken under Section 53-3-219 for the same offense, upon
91     receiving a record of conviction, the division shall immediately suspend for six months the
92     license of the convicted person if the person was convicted of one of the following offenses
93     while the person was an operator of a motor vehicle, and the court finds that the substance or
94     paraphernalia was found in the passenger compartment of the motor vehicle:
95          (i) any violation of:
96          (A) Title 58, Chapter 37, Utah Controlled Substances Act;
97          (B) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
98          (C) Title 58, Chapter 37b, Imitation Controlled Substances Act;
99          (D) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act; or
100          (E) Title 58, Chapter 37d, Clandestine Drug Lab Act; or
101          (ii) any criminal offense that prohibits:
102          (A) possession, distribution, manufacture, cultivation, sale, or transfer of any substance
103     that is prohibited under the acts described in Subsection (1)(c)(i); or
104          (B) the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or
105     transfer any substance that is prohibited under the acts described in Subsection (1)(c)(i).
106          (d) (i) The division shall immediately suspend a person's driver license for conviction
107     of the offense of theft of motor vehicle fuel under Section 76-6-404.7 if the division receives:
108          (A) an order from the sentencing court requiring that the person's driver license be
109     suspended; and
110          (B) a record of the conviction.
111          (ii) An order of suspension under this section is at the discretion of the sentencing
112     court, and may not be for more than 90 days for each offense.
113          (e) (i) The division shall immediately suspend for one year the license of a person upon
114     receiving a record of:
115          (A) conviction for the first time for a violation under Section 32B-4-411; or
116          (B) an adjudication under Title 78A, Chapter 6, Juvenile Court Act, for a violation
117     under Section 32B-4-411.
118          (ii) The division shall immediately suspend for a period of two years the license of a
119     person upon receiving a record of:
120          (A) (I) conviction for a second or subsequent violation under Section 32B-4-411; and

121          (II) the violation described in Subsection (1)(e)(ii)(A)(I) is within 10 years of a prior
122     conviction for a violation under Section 32B-4-411; or
123          (B) (I) a second or subsequent adjudication under Title 78A, Chapter 6, Juvenile Court
124     Act [of 1996], for a violation under Section 32B-4-411; and
125          (II) the adjudication described in Subsection (1)(e)(ii)(B)(I) is within 10 years of a prior
126     adjudication under Title 78A, Chapter 6, Juvenile Court Act [of 1996], for a violation under
127     Section 32B-4-411.
128          (iii) Upon receipt of a record under Subsection (1)(e)(i) or (ii), the division shall:
129          (A) for a conviction or adjudication described in Subsection (1)(e)(i):
130          (I) impose a suspension for one year beginning on the date of conviction; or
131          (II) if the person is under the age of eligibility for a driver license, impose a suspension
132     that begins on the date of conviction and continues for one year beginning on the date of
133     eligibility for a driver license; or
134          (B) for a conviction or adjudication described in Subsection (1)(e)(ii):
135          (I) impose a suspension for a period of two years; or
136          (II) if the person is under the age of eligibility for a driver license, impose a suspension
137     that begins on the date of conviction and continues for two years beginning on the date of
138     eligibility for a driver license.
139          (iv) Upon receipt of the first order suspending a person's driving privileges under
140     Section 32B-4-411, the division shall reduce the suspension period under Subsection (1)(e)(i) if
141     ordered by the court in accordance with Subsection 32B-4-411(3)(a).
142          (v) Upon receipt of the second or subsequent order suspending a person's driving
143     privileges under Section 32B-4-411, the division shall reduce the suspension period under
144     Subsection (1)(e)(ii) if ordered by the court in accordance with Subsection 32B-4-411(3)(b).
145          (2) The division shall extend the period of the first denial, suspension, revocation, or
146     disqualification for an additional like period, to a maximum of one year for each subsequent
147     occurrence, upon receiving:
148          (a) a record of the conviction of any person on a charge of driving a motor vehicle
149     while the person's license is denied, suspended, revoked, or disqualified;
150          (b) a record of a conviction of the person for any violation of the motor vehicle law in
151     which the person was involved as a driver;

152          (c) a report of an arrest of the person for any violation of the motor vehicle law in
153     which the person was involved as a driver; or
154          (d) a report of an accident in which the person was involved as a driver.
155          (3) When the division receives a report under Subsection (2)(c) or (d) that a person is
156     driving while the person's license is denied, suspended, disqualified, or revoked, the person is
157     entitled to a hearing regarding the extension of the time of denial, suspension, disqualification,
158     or revocation originally imposed under Section 53-3-221.
159          (4) (a) The division may extend to a person the limited privilege of driving a motor
160     vehicle to and from the person's place of employment or within other specified limits on
161     recommendation of the judge in any case where a person is convicted of any of the offenses
162     referred to in Subsections (1) and (2) except:
163          (i) automobile homicide under Subsection (1)(a)(i);
164          (ii) those offenses referred to in Subsections (1)(a)(ii), (iii), (xi), (xii), (xiii), (1)(b), and
165     (1)(c); and
166          (iii) those offenses referred to in Subsection (2) when the original denial, suspension,
167     revocation, or disqualification was imposed because of a violation of Section 41-6a-502,
168     41-6a-517, a local ordinance which complies with the requirements of Subsection
169     41-6a-510(1), Section 41-6a-520, or Section 76-5-207, or a criminal prohibition that the person
170     was charged with violating as a result of a plea bargain after having been originally charged
171     with violating one or more of these sections or ordinances, unless:
172          (A) the person has had the period of the first denial, suspension, revocation, or
173     disqualification extended for a period of at least three years;
174          (B) the division receives written verification from the person's primary care physician
175     that:
176          (I) to the physician's knowledge the person has not used any narcotic drug or other
177     controlled substance except as prescribed by a licensed medical practitioner within the last
178     three years; and
179          (II) the physician is not aware of any physical, emotional, or mental impairment that
180     would affect the person's ability to operate a motor vehicle safely; and
181          (C) for a period of one year prior to the date of the request for a limited driving
182     privilege:

183          (I) the person has not been convicted of a violation of any motor vehicle law in which
184     the person was involved as the operator of the vehicle;
185          (II) the division has not received a report of an arrest for a violation of any motor
186     vehicle law in which the person was involved as the operator of the vehicle; and
187          (III) the division has not received a report of an accident in which the person was
188     involved as an operator of a vehicle.
189          (b) (i) Except as provided in Subsection (4)(b)(ii), the discretionary privilege
190     authorized in this Subsection (4):
191          (A) is limited to when undue hardship would result from a failure to grant the
192     privilege; and
193          (B) may be granted only once to any person during any single period of denial,
194     suspension, revocation, or disqualification, or extension of that denial, suspension, revocation,
195     or disqualification.
196          (ii) The discretionary privilege authorized in Subsection (4)(a)(iii):
197          (A) is limited to when the limited privilege is necessary for the person to commute to
198     school or work; and
199          (B) may be granted only once to any person during any single period of denial,
200     suspension, revocation, or disqualification, or extension of that denial, suspension, revocation,
201     or disqualification.
202          (c) A limited CDL may not be granted to a person disqualified under Part 4, Uniform
203     Commercial Driver License Act, or whose license has been revoked, suspended, cancelled, or
204     denied under this chapter.
205          Section 2. Section 76-5-303 is amended to read:
206          76-5-303. Custodial interference.
207          (1) As used in this section:
208          (a) "Child" means a person under the age of 18.
209          (b) "Custody" means court-ordered physical custody entered by a court of competent
210     jurisdiction.
211          (c) "Visitation" means court-ordered parent-time or visitation entered by a court of
212     competent jurisdiction.
213          (2) (a) A person who is entitled to custody of a child is guilty of custodial interference

214     if, during a period of time when another person is entitled to visitation of the child, the person
215     takes, entices, conceals, detains, or withholds the child from the person entitled to visitation of
216     the child, with the intent to interfere with the visitation of the child.
217          (b) A person who is entitled to visitation of a child is guilty of custodial interference if,
218     during a period of time when the person is not entitled to visitation of the child, the person
219     takes, entices, conceals, detains, or withholds the child from a person who is entitled to custody
220     of the child, with the intent to interfere with the custody of the child.
221          (3) Except as provided in Subsection (4) or (5), custodial interference is a class B
222     misdemeanor.
223          (4) Except as provided in Subsection (5), the actor described in Subsection (2) is guilty
224     of a class A misdemeanor if the actor:
225          (a) commits custodial interference; and
226          (b) has been convicted of custodial interference at least twice in the two-year period
227     immediately preceding the day on which the commission of custodial interference described in
228     Subsection (4)(a) occurs.
229          (5) Custodial interference is a felony of the third degree if, during the course of the
230     custodial interference, the actor described in Subsection (2) removes, causes the removal, or
231     directs the removal of the child from the state.
232          (6) In addition to the affirmative defenses described in Section 76-5-305, it is an
233     affirmative defense to the crime of custodial interference that:
234          (a) the action is consented to by the person whose custody or visitation of the child was
235     interfered with; or
236          (b) (i) the action is based on a reasonable belief that the action is necessary to protect a
237     child from abuse, including sexual abuse; and
238          (ii) before engaging in the action, the person reports the person's intention to engage in
239     the action, and the basis for the belief described in Subsection (6)(b)(i), to the Division of
240     Child and Family Services or law enforcement.
241          [(7) In addition to the other penalties described in this section, a person who is
242     convicted of custodial interference is subject to the driver license suspension provisions of
243     Subsection 53-3-220(1)(a)(xvii).]