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8 LONG TITLE
9 General Description:
10 This bill amends provisions related to the use of a wireless communication device while
11 operating a motor vehicle.
12 Highlighted Provisions:
13 This bill:
14 ▸ amends definitions;
15 ▸ defines "operate a motor vehicle" to include operating:
16 • a moving motor vehicle; or
17 • a motor vehicle stopped in compliance with a traffic-control device;
18 ▸ prohibits an individual from using a wireless communication device to view or take
19 a photograph while operating a motor vehicle;
20 ▸ modifies provisions related to suspending an individual's driver license upon a
21 conviction of using a wireless communication device while operating a motor
22 vehicle;
23 ▸ modifies the conduct that constitutes automobile homicide involving using a
24 wireless communication device while operating a motor vehicle; and
25 ▸ makes technical and conforming changes.
26 Money Appropriated in this Bill:
27 None
28 Other Special Clauses:
29 None
30 Utah Code Sections Affected:
31 AMENDS:
32 41-6a-1716, as last amended by Laws of Utah 2021, Chapter 232
33 53-3-218, as last amended by Laws of Utah 2021, Chapter 120
34 53-3-402, as last amended by Laws of Utah 2015, Chapters 52 and 422
35 76-5-207.5, as last amended by Laws of Utah 2012, Chapter 193
36 80-6-712, as enacted by Laws of Utah 2021, Chapter 261
37 80-6-804, as last amended by Laws of Utah 2021, First Special Session, Chapter 2
38
39 Be it enacted by the Legislature of the state of Utah:
40 Section 1. Section 41-6a-1716 is amended to read:
41 41-6a-1716. Prohibition on using a wireless communication device while
42 operating a motor vehicle -- Exceptions -- Penalties.
43 (1) As used in this section:
44 [
45
46 [
47 [
48 [
49 [
50 [
51
52 [
53
54 (a) "Operate a motor vehicle" means to operate:
55 (i) a moving motor vehicle; or
56 (ii) a motor vehicle stopped in compliance with a traffic-control device.
57 (b) (i) "Wireless communication device" means an electronic device that is:
58 (A) readily removable from a vehicle; and
59 (B) used for the transfer of information without the use of electrical conductors or
60 wires, including to write, send, or read text or data.
61 (ii) "Wireless communication device" does not include a two-way radio device
62 described in 47 C.F.R. Part 90, 95, or 97.
63 (2) Except as provided in Subsection (3), [
64 [
65 highway in this state to [
66 (a) write, send, or read a written communication, including:
67 (i) a text message;
68 (ii) an instant message; or
69 (iii) electronic mail;
70 (b) dial a phone number;
71 (c) access the Internet;
72 (d) view or record video; [
73 (e) view or take a photograph; or
74 [
75 (3) Subsection (2) does not prohibit [
76 wireless communication device while operating a [
77 (a) when using a [
78 (b) to view a global positioning or navigation device or a global positioning or
79 navigation application;
80 (c) during a medical emergency;
81 (d) when reporting a safety hazard or requesting assistance relating to a safety hazard;
82 (e) when reporting criminal activity or requesting assistance relating to a criminal
83 activity;
84 (f) when used by a law enforcement officer or emergency service personnel acting
85 within the course and scope of the law enforcement officer's or emergency service personnel's
86 employment; or
87 (g) to operate:
88 (i) hands-free or voice operated technology; or
89 (ii) a system that is physically or electronically integrated into the motor vehicle.
90 (4) [
91 (a) class C misdemeanor with a maximum fine of $100; or
92 (b) class B misdemeanor if the [
93 (i) has also inflicted serious bodily injury upon another as a proximate result of using a
94 [
95 [
96 (ii) has a prior conviction under this section, that is within three years of:
97 (A) the current conviction under this section; or
98 (B) the commission of the offense upon which the current conviction is based.
99 Section 2. Section 53-3-218 is amended to read:
100 53-3-218. Court to report convictions and may recommend suspension of license
101 -- Severity of speeding violation defined.
102 (1) As used in this section, "conviction" means conviction by the court of first
103 impression or final administrative determination in an administrative traffic proceeding.
104 (2) (a) Except as provided in Subsection (2)(c), a court having jurisdiction over
105 offenses committed under this chapter or any other law of this state, or under any municipal
106 ordinance regulating driving motor vehicles on highways or driving motorboats on the water,
107 shall forward to the division within five days, an abstract of the court record of the conviction
108 or plea held in abeyance of any person in the court for a reportable traffic or motorboating
109 violation of any laws or ordinances, and may recommend the suspension of the license of the
110 person convicted.
111 (b) When the division receives a court record of a conviction or plea in abeyance for a
112 motorboat violation, the division may only take action against a person's driver license if the
113 motorboat violation is for a violation of Title 41, Chapter 6a, Part 5, Driving Under the
114 Influence and Reckless Driving.
115 (c) A court may not forward to the division an abstract of a court record of a conviction
116 for a violation described in Subsection 53-3-220(1)(c)(i) or (ii), unless the court found that the
117 person convicted of the violation was an operator of a motor vehicle at the time of the
118 violation.
119 (3) (a) A court may not order the division to suspend a person's driver license based
120 solely on the person's failure to pay a penalty accounts receivable.
121 (b) The court may notify the division, and the division may, prior to sentencing,
122 suspend the driver license of a person who fails to appear if the person is charged with:
123 (i) an offense of any level that is a moving traffic violation;
124 (ii) an offense described in Title 41, Chapter 12a, Part 3, Owner's or Operator's
125 Security Requirement; or
126 (iii) an offense described in Subsection 53-3-220(1)(a) or (b).
127 (4) The abstract shall be made in the form prescribed by the division and shall include:
128 (a) the name, date of birth, and address of the party charged;
129 (b) the license certificate number of the party charged, if any;
130 (c) the registration number of the motor vehicle or motorboat involved;
131 (d) whether the motor vehicle was a commercial motor vehicle;
132 (e) whether the motor vehicle carried hazardous materials;
133 (f) whether the motor vehicle carried 16 or more occupants;
134 (g) whether the driver presented a commercial driver license;
135 (h) the nature of the offense;
136 (i) whether the offense involved an accident;
137 (j) the driver's blood alcohol content, if applicable;
138 (k) if the offense involved a speeding violation:
139 (i) the posted speed limit;
140 (ii) the actual speed; and
141 (iii) whether the speeding violation occurred on a highway that is part of the interstate
142 system as defined in Section 72-1-102;
143 (l) the date of the hearing;
144 (m) the plea;
145 (n) the judgment or whether bail was forfeited; and
146 (o) the severity of the violation, which shall be graded by the court as "minimum,"
147 "intermediate," or "maximum" as established in accordance with Subsection 53-3-221(4).
148 (5) When a convicted person secures a judgment of acquittal or reversal in any
149 appellate court after conviction in the court of first impression, the division shall reinstate the
150 convicted person's license immediately upon receipt of a certified copy of the judgment of
151 acquittal or reversal.
152 (6) Upon a conviction for a violation of the prohibition on using a [
153 communication device [
154 a [
155 convicted person's license for a period of three months.
156 (7) Upon a conviction for a violation of careless driving under Section 41-6a-1715 that
157 causes or results in the death of another person, a judge may order a revocation of the convicted
158 person's license for a period of one year.
159 Section 3. Section 53-3-402 is amended to read:
160 53-3-402. Definitions.
161 As used in this part:
162 (1) "Alcohol" means any substance containing any form of alcohol, including ethanol,
163 methanol, propanol, and isopropanol.
164 (2) "Alcohol concentration" means the number of grams of alcohol per:
165 (a) 100 milliliters of blood;
166 (b) 210 liters of breath; or
167 (c) 67 milliliters of urine.
168 (3) "Commercial driver license information system" or "CDLIS" means the
169 information system established under Title XII, Pub. L. 99-570, the Commercial Motor Vehicle
170 Safety Act of 1986, as a clearinghouse for information related to the licensing and
171 identification of commercial motor vehicle drivers.
172 (4) "Controlled substance" means any substance so classified under Section 102(6) of
173 the Controlled Substance Act, 21 U.S.C. 802(6), and includes all substances listed on the
174 current Schedules I through V of 21 C.F.R., Part 1308 as they may be revised from time to
175 time.
176 (5) "Employee" means any driver of a commercial motor vehicle, including:
177 (a) full-time, regularly employed drivers;
178 (b) casual, intermittent, or occasional drivers;
179 (c) leased drivers; and
180 (d) independent, owner-operator contractors while in the course of driving a
181 commercial motor vehicle who are either directly employed by or under lease to an employer.
182 (6) "Employer" means any individual or person including the United States, a state, or
183 a political subdivision of a state, who owns or leases a commercial motor vehicle, or assigns an
184 individual to drive a commercial motor vehicle.
185 (7) "Felony" means any offense under state or federal law that is punishable by death or
186 imprisonment for a term of more than one year.
187 (8) "Foreign jurisdiction" means any jurisdiction other than the United States or a state
188 of the United States.
189 (9) "Gross vehicle weight rating" or "GVWR" means the value specified by the
190 manufacturer as the maximum loaded weight of a single vehicle or GVWR of a combination or
191 articulated vehicle, and includes the GVWR of the power unit plus the total weight of all towed
192 units and the loads on those units.
193 (10) "Hazardous material" has the same meaning as defined under 49 C.F.R. Sec.
194 383.5.
195 (11) "Imminent hazard" means the existence of a condition, practice, or violation that
196 presents a substantial likelihood that death, serious illness, severe personal injury, or a
197 substantial endangerment to health, property, or the environment is expected to occur
198 immediately, or before the condition, practice, or violation can be abated.
199 (12) "Medical certification status" means the medical certification of a commercial
200 driver license holder or commercial motor vehicle operator in any of the following categories:
201 (a) Non-excepted interstate. A person shall certify that the person:
202 (i) operates or expects to operate in interstate commerce;
203 (ii) is both subject to and meets the qualification requirements under 49 C.F.R. Part
204 391; and
205 (iii) is required to obtain a medical examiner's certificate under 49 C.F.R. Sec. 391.45.
206 (b) Excepted interstate. A person shall certify that the person:
207 (i) operates or expects to operate in interstate commerce, but engages exclusively in
208 transportation or operations excepted under 49 C.F.R. Sec. 390.3(f), 391.2, 391.68, or 398.3
209 from all or parts of the qualification requirements of 49 C.F.R. Part 391; and
210 (ii) is not required to obtain a medical examiner's certificate under 49 C.F.R. Sec.
211 391.45.
212 (c) Non-excepted intrastate. A person shall certify that the person:
213 (i) operates only in intrastate commerce; and
214 (ii) is subject to state driver qualification requirements under Sections 53-3-303.5,
215 53-3-304, and 53-3-414.
216 (d) Excepted intrastate. A person shall certify that the person:
217 (i) operates in intrastate commerce; and
218 (ii) engages exclusively in transportation or operations excepted from all parts of the
219 state driver qualification requirements.
220 (13) "NDR" means the National Driver Register.
221 (14) "Nonresident CDL" means a commercial driver license issued by a state to an
222 individual who resides in a foreign jurisdiction.
223 (15) "Out-of-service order" means a temporary prohibition against driving a
224 commercial motor vehicle.
225 (16) "Port-of-entry agent" has the same meaning as provided in Section 72-1-102.
226 (17) "Serious traffic violation" means a conviction of any of the following:
227 (a) speeding 15 or more miles per hour above the posted speed limit;
228 (b) reckless driving as defined by state or local law;
229 (c) improper or erratic traffic lane changes;
230 (d) following the vehicle ahead too closely;
231 (e) any other motor vehicle traffic law which arises in connection with a fatal traffic
232 accident;
233 (f) operating a commercial motor vehicle without a CDL or a CDIP;
234 (g) operating a commercial motor vehicle without the proper class of CDL or CDL
235 endorsement for the type of vehicle group being operated or for the passengers or cargo being
236 transported;
237 (h) operating a commercial motor vehicle without a CDL or CDIP license certificate in
238 the driver's possession in violation of Section 53-3-404;
239 (i) using a [
240 41-6a-1716 while operating a commercial motor vehicle; or
241 (j) using a hand-held mobile telephone while operating a commercial motor vehicle in
242 violation of 49 C.F.R. Sec. 392.82.
243 (18) "State" means a state of the United States, the District of Columbia, any province
244 or territory of Canada, or Mexico.
245 (19) "United States" means the 50 states and the District of Columbia.
246 Section 4. Section 76-5-207.5 is amended to read:
247 76-5-207.5. Automobile homicide involving using a wireless communication
248 device while operating a motor vehicle.
249 (1) As used in this section:
250 (a) "Criminally negligent" means criminal negligence as defined [
251 76-2-103(4).
252 [
253
254 [
255 including an automobile, truck, van, motorcycle, train, engine, watercraft, or aircraft.
256 [
257 degree of care that a reasonable and prudent [
258 under similar circumstances.
259 (d) "Operate a motor vehicle" means the same as that term is defined in Section
260 41-6a-1716.
261 (e) "Wireless communication device" means the same as that term is defined in Section
262 41-6a-1716.
263 (2) Criminal homicide is automobile homicide, a third degree felony, if the person
264 operates a [
265 (a) while using a [
266 41-6a-1716; and
267 (b) causing the death of another person.
268 (3) Criminal homicide is automobile homicide, a second degree felony, if the person
269 operates a [
270 (a) while using a [
271 41-6a-1716; and
272 (b) causing the death of another person.
273 Section 5. Section 80-6-712 is amended to read:
274 80-6-712. Time periods for supervision of probation or placement -- Termination
275 of continuing jurisdiction.
276 (1) If the juvenile court places a minor on probation under Section 80-6-702, the
277 juvenile court shall establish a period of time for supervision for the minor that is:
278 (a) if the minor is placed on intake probation, no more than three months; or
279 (b) if the minor is placed on formal probation, from four to six months, but may not
280 exceed six months.
281 (2) (a) If the juvenile court commits a minor to the division under Section 80-6-703,
282 and the minor's case is under the jurisdiction of the court, the juvenile court shall establish:
283 (i) for a minor placed out of the home, a period of custody from three to six months,
284 but may not exceed six months; and
285 (ii) for aftercare services if the minor was placed out of the home, a period of
286 supervision from three to four months, but may not exceed four months.
287 (b) A minor may be supervised for aftercare under Subsection (2)(a)(ii) in the home of
288 a qualifying relative or guardian, or at an independent living program contracted or operated by
289 the division.
290 (3) If the juvenile court orders a minor to secure care, the authority shall:
291 (a) have jurisdiction over the minor's case; and
292 (b) apply the provisions of Part 8, Commitment and Parole.
293 (4) (a) In accordance with Section 80-6-711 and Subsections (1) and (2), the juvenile
294 court shall terminate continuing jurisdiction over a minor's case at the end of the time period
295 described in Subsection (1) for probation, or Subsection (2) for commitment to the division,
296 unless:
297 (i) termination would interrupt the completion of the treatment program determined to
298 be necessary by the results of a validated risk and needs assessment under Section 80-6-606;
299 (ii) the minor commits a new misdemeanor or felony offense;
300 (iii) community or compensatory service hours have not been completed;
301 (iv) there is an outstanding fine; or
302 (v) there is a failure to pay restitution in full.
303 (b) The juvenile court shall determine whether a minor has completed a treatment
304 program under Subsection (4)(a)(i) by considering:
305 (i) the recommendations of the licensed service provider for the treatment program;
306 (ii) the minor's record in the treatment program; and
307 (iii) the minor's completion of the goals of the treatment program.
308 (5) Subject to Subsection (8), if one of the circumstances under Subsection (4) exists
309 the juvenile court may extend supervision for the time needed to address the specific
310 circumstance.
311 (6) If a circumstance under Subsection (4)(a)(iii), (iv), or (v) exists, the juvenile court
312 may extend supervision for no more than three months.
313 (7) If the juvenile court extends supervision under this section, the grounds for the
314 extension and the length of any extension shall be recorded in the court records and tracked in
315 the data system used by the Administrative Office of the Courts and the division.
316 (8) For a minor who is under the continuing jurisdiction of the juvenile court and
317 whose supervision is extended under Subsection (4)(a)(iii), (iv), or (v), supervision may only
318 be extended as intake probation.
319 (9) If a minor leaves supervision without authorization for more than 24 hours, the
320 supervision period for the minor shall toll until the minor returns.
321 (10) This section does not apply to any minor adjudicated under this chapter for:
322 (a) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
323 (b) Section 76-5-202, aggravated murder or attempted aggravated murder;
324 (c) Section 76-5-203, murder or attempted murder;
325 (d) Section 76-5-205, manslaughter;
326 (e) Section 76-5-206, negligent homicide;
327 (f) Section 76-5-207, automobile homicide;
328 (g) Section 76-5-207.5, automobile homicide involving [
329 communication device while operating a motor vehicle;
330 (h) Section 76-5-208, child abuse homicide;
331 (i) Section 76-5-209, homicide by assault;
332 (j) Section 76-5-302, aggravated kidnapping;
333 (k) Section 76-5-405, aggravated sexual assault;
334 (l) a felony violation of Section 76-6-103, aggravated arson;
335 (m) Section 76-6-203, aggravated burglary;
336 (n) Section 76-6-302, aggravated robbery;
337 (o) Section 76-10-508.1, felony discharge of a firearm;
338 (p) (i) an offense other than an offense listed in Subsections (10)(a) through (o)
339 involving the use of a dangerous weapon, as defined in Section 76-1-601, that is a felony; and
340 (ii) the minor has been previously adjudicated or convicted of an offense involving the
341 use of a dangerous weapon; or
342 (q) a felony offense other than an offense listed in Subsections (10)(a) through (p) and
343 the minor has been previously committed to the division for secure care.
344 Section 6. Section 80-6-804 is amended to read:
345 80-6-804. Review and termination of secure care.
346 (1) If a juvenile offender is ordered to secure care under Section 80-6-705, the juvenile
347 offender shall appear before the authority within 45 days after the day on which the juvenile
348 offender is ordered to secure care for review of a treatment plan and to establish parole release
349 guidelines.
350 (2) (a) If a juvenile offender is ordered to secure care under Section 80-6-705, the
351 authority shall set a presumptive term of commitment for the juvenile offender from three to
352 six months, but the presumptive term may not exceed six months.
353 (b) The authority shall release the juvenile offender on parole at the end of the
354 presumptive term of commitment unless:
355 (i) termination would interrupt the completion of a treatment program determined to be
356 necessary by the results of a validated risk and needs assessment under Section 80-6-606; or
357 (ii) the juvenile offender commits a new misdemeanor or felony offense.
358 (c) The authority shall determine whether a juvenile offender has completed a
359 treatment program under Subsection (2)(b)(i) by considering:
360 (i) the recommendations of the licensed service provider for the treatment program;
361 (ii) the juvenile offender's record in the treatment program; and
362 (iii) the juvenile offender's completion of the goals of the treatment program.
363 (d) The authority may extend the length of commitment and delay parole release for the
364 time needed to address the specific circumstance if one of the circumstances under Subsection
365 (2)(b) exists.
366 (e) The authority shall:
367 (i) record the length of the extension and the grounds for the extension; and
368 (ii) report annually the length and grounds of extension to the commission.
369 (f) Records under Subsection (2)(e) shall be tracked in the data system used by the
370 juvenile court and the division.
371 (3) (a) If a juvenile offender is committed to secure care, the authority shall set a
372 presumptive term of parole supervision, including aftercare services, from three to four months,
373 but the presumptive term may not exceed four months.
374 (b) If the authority determines that a juvenile offender is unable to return home
375 immediately upon release, the juvenile offender may serve the term of parole in the home of a
376 qualifying relative or guardian or at an independent living program contracted or operated by
377 the division.
378 (c) The authority shall release a juvenile offender from parole and terminate the
379 authority's jurisdiction at the end of the presumptive term of parole, unless:
380 (i) termination would interrupt the completion of a treatment program that is
381 determined to be necessary by the results of a validated risk and needs assessment under
382 Section 80-6-606;
383 (ii) the juvenile offender commits a new misdemeanor or felony offense; or
384 (iii) restitution has not been completed.
385 (d) The authority shall determine whether a juvenile offender has completed a
386 treatment program under Subsection (2)(c)(i) by considering:
387 (i) the recommendations of the licensed service provider;
388 (ii) the juvenile offender's record in the treatment program; and
389 (iii) the juvenile offender's completion of the goals of the treatment program.
390 (e) If one of the circumstances under Subsection (3)(c) exists, the authority may delay
391 parole release only for the time needed to address the specific circumstance.
392 (f) The authority shall:
393 (i) record the grounds for extension of the presumptive length of parole and the length
394 of the extension; and
395 (ii) report annually the extension and the length of the extension to the commission.
396 (g) Records under Subsection (3)(f) shall be tracked in the data system used by the
397 juvenile court and the division.
398 (h) If a juvenile offender leaves parole supervision without authorization for more than
399 24 hours, the term of parole shall toll until the juvenile offender returns.
400 (4) Subsections (2) and (3) do not apply to a juvenile offender committed to secure
401 care for:
402 (a) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
403 (b) Section 76-5-202, aggravated murder or attempted aggravated murder;
404 (c) Section 76-5-203, murder or attempted murder;
405 (d) Section 76-5-205, manslaughter;
406 (e) Section 76-5-206, negligent homicide;
407 (f) Section 76-5-207, automobile homicide;
408 (g) Section 76-5-207.5, automobile homicide involving [
409 communication device while operating a motor vehicle;
410 (h) Section 76-5-208, child abuse homicide;
411 (i) Section 76-5-209, homicide by assault;
412 (j) Section 76-5-302, aggravated kidnapping;
413 (k) Section 76-5-405, aggravated sexual assault;
414 (l) a felony violation of Section 76-6-103, aggravated arson;
415 (m) Section 76-6-203, aggravated burglary;
416 (n) Section 76-6-302, aggravated robbery;
417 (o) Section 76-10-508.1, felony discharge of a firearm;
418 (p) (i) an offense other than an offense listed in Subsections (4)(a) through (o)
419 involving the use of a dangerous weapon, as defined in Section 76-1-601, that is a felony; and
420 (ii) the juvenile offender has been previously adjudicated or convicted of an offense
421 involving the use of a dangerous weapon, as defined in Section 76-1-601; or
422 (q) an offense other than an offense listed in Subsections (4)(a) through (p) and the
423 juvenile offender has been previously committed to the division for secure care.
424 (5) (a) The division may continue to have responsibility over a juvenile offender, who
425 is discharged under this section from parole, to participate in a specific educational or
426 rehabilitative program:
427 (i) until the juvenile offender is:
428 (A) if the juvenile offender is a youth offender, 21 years old; or
429 (B) if the juvenile offender is a serious youth offender, 25 years old; and
430 (ii) under an agreement by the division and the juvenile offender that the program has
431 certain conditions.
432 (b) The division and the juvenile offender may terminate participation in a program
433 under Subsection (5)(a) at any time.
434 (c) The division shall offer an educational or rehabilitative program before a juvenile
435 offender's discharge date in accordance with this section.
436 (d) A juvenile offender may request the services described in this Subsection (5), even
437 if the offender has been previously declined services or services were terminated for
438 noncompliance.
439 (e) Notwithstanding Subsection (5)(c), the division:
440 (i) shall consider a request by a juvenile offender under Subsection (5)(d) for the
441 services described in this Subsection (5) for up to 365 days after the juvenile offender's
442 effective date of discharge, even if the juvenile offender has previously declined services or
443 services were terminated for noncompliance; and
444 (ii) may reach an agreement with the juvenile offender to provide the services
445 described in this Subsection (5) until the juvenile offender is:
446 (A) if the juvenile offender is a youth offender, 21 years old; or
447 (B) if the juvenile offender is a serious youth offender, 25 years old.
448 (f) The division and the juvenile offender may terminate an agreement for services
449 under this Subsection (5) at any time.