1     
TRAFFIC VIOLATION AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jordan D. Teuscher

5     
Senate Sponsor: Kirk A. Cullimore

6     

7     LONG TITLE
8     General Description:
9          This bill expands the availability of a deferred prosecution for certain traffic infractions.
10     Highlighted Provisions:
11          This bill:
12          ▸     expands the availability of a deferred prosecution for certain traffic infractions to
13     certain individuals if the individual completes a traffic school course as part of the
14     deferred prosecution agreement;
15          ▸     requires an applicant for deferred prosecution to complete a traffic school course in
16     certain circumstances;
17          ▸     requires the Department of Public Safety to contract with one or more traffic school
18     providers to create a traffic school program;
19          ▸     grants rulemaking authority to the Department of Public Safety to make rules
20     related to the establishment of a traffic school program;
21          ▸     requires a traffic citation to include information about the individual's possible
22     eligibility for deferred prosecution; and
23          ▸     makes technical changes.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          None
28     Utah Code Sections Affected:
29     AMENDS:
30          77-2-4.2, as last amended by Laws of Utah 2022, Chapter 136
31          77-7-20, as last amended by Laws of Utah 2021, Chapter 431
32          78A-7-301, as last amended by Laws of Utah 2022, Chapters 136, 276
33     

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 77-2-4.2 is amended to read:
36          77-2-4.2. Compromise of traffic charges -- Deferred prosecution of traffic
37     infractions -- Limitations.
38          (1) As used in this section:
39          (a) "Compromise" means referral of an individual charged with a traffic violation to
40     traffic school or other school, class, or remedial or rehabilitative program.
41          (b) "Deferral period" means the 12-month period following the date on which an
42     individual submits an application for deferred prosecution.
43          (c) "Deferred prosecution" means the deferral of prosecution of an individual charged
44     with a traffic infraction if the individual complies with the requirements described in
45     Subsection (5).
46          (d) "Felony traffic violation" means a violation of Title 41, Chapter 6a, Traffic Code,
47     amounting to a felony.
48          (e) "Moving traffic infraction" means a traffic infraction that occurs when a vehicle is
49     in motion on a highway.
50          (f) (i) "Traffic infraction" means a violation of Title 41, Chapter 6a, Traffic Code, or a
51     local traffic ordinance that is an infraction.
52          (ii) "Traffic infraction" does not include an offense that is a misdemeanor or a felony.
53          (g) "Traffic school deferred prosecution" means a deferred prosecution for which
54     completion of traffic school is required as a condition of the application.
55          [(g)] (h) "Traffic violation" means any charge for which a fine may be voluntarily
56     remitted in lieu of appearance, by citation or information, of a violation of:
57          (i) Title 41, Chapter 6a, Traffic Code, amounting to:
58          (A) a class B misdemeanor;
59          (B) a class C misdemeanor; or
60          (C) an infraction; or
61          (ii) any local traffic ordinance.
62          (2) Any compromise of a traffic violation shall be done pursuant to a plea in abeyance
63     agreement as provided in Title 77, Chapter 2a, Pleas in Abeyance, and Subsection (3), except:
64          (a) when the criminal prosecution is dismissed pursuant to Section 77-2-4;
65          (b) when there is a plea by the defendant to and entry of a judgment by a court for the
66     offense originally charged or for an amended charge; or
67          (c) when there is a deferred plea of no contest as provided in Subsection (5).
68          (3) In all cases which are compromised pursuant to a plea in abeyance:
69          (a) the court, taking into consideration the offense charged, shall collect a plea in
70     abeyance fee which shall:
71          (i) be subject to the same surcharge as if imposed on a criminal fine;
72          (ii) be allocated subject to the surcharge as if paid as a criminal fine under Section
73     78A-5-110 and a surcharge under Title 51, Chapter 9, Part 4, Criminal Conviction Surcharge
74     Allocation; and
75          (iii) be not more than $25 greater than the fine designated in the Uniform Fine
76     Schedule; or
77          (b) if no plea in abeyance fee is collected, a surcharge on the fee charged for the traffic
78     school or other school, class, or rehabilitative program shall be collected, which surcharge
79     shall:
80          (i) be computed, assessed, collected, and remitted in the same manner as if the traffic
81     school fee and surcharge had been imposed as a criminal fine and surcharge; and
82          (ii) be subject to the financial requirements contained in Title 51, Chapter 9, Part 4,
83     Criminal Conviction Surcharge Allocation.
84          (4) If a written plea in abeyance agreement is provided, or the defendant requests a
85     written accounting, an itemized statement of all amounts assessed by the court shall be
86     provided, including:
87          (a) the Uniform Fine Schedule amount;
88          (b) the amount of any surcharges being assessed; and
89          (c) the amount of the plea in abeyance fee.
90          (5) (a) (i) Except as provided in Subsection (5)(b), an individual who receives a
91     citation for a moving traffic infraction may apply for deferred prosecution.
92          (ii) A court may not require an individual to appear in-person to apply for a deferred
93     prosecution in accordance with this Subsection (5).
94          (b) The following may not apply for or be granted a deferred prosecution as described
95     in this section:
96          (i) an individual under 21 years old;
97          (ii) an individual with a commercial driver license;
98          (iii) an individual who has not been issued a current Utah driver license;
99          (iv) an individual who has been convicted of a felony traffic violation, traffic violation,
100     or traffic infraction within the 24 months immediately preceding the date of the application for
101     deferred prosecution;
102          (v) an individual charged with two or more moving traffic infractions related to the
103     same episode or occurrence;
104          (vi) an individual charged with multiple traffic infractions related to the same episode
105     or occurrence if any of the offenses is a misdemeanor or felony traffic violation;
106          (vii) an individual charged with one or more traffic infractions if none of the traffic
107     infractions are moving traffic violations;
108          (viii) an individual charged with any traffic infraction or traffic violation that is part of
109     an episode or occurrence involving a traffic accident;
110          (ix) an individual charged with a moving traffic violation that is for speeding 20 miles
111     per hour or more above the posted speed limit;
112          (x) an individual charged with a moving violation that is for speeding at a speed of 100
113     miles per hour or more; or
114          (xi) an individual who is currently within a deferral period related to a separate episode
115     or occurrence.
116          (6) (a) Except as provided in Subsection (6)(b), and upon availability of the traffic
117     school program described in Subsection (11), if an individual completes a traffic school course
118     as described in Subsection (11) within 28 days after the date the individual applies for traffic
119     school deferred prosecution, an individual may apply for and be granted a traffic school
120     deferred prosecution if:
121          (i) the individual has one or fewer moving traffic infraction convictions in the 24
122     months immediately preceding the current citation;
123          (ii) the individual received a citation for more than one but less than three moving
124     traffic infractions from the same incident or occurrence;
125          (iii) the individual was involved in an accident during the commission of the traffic
126     infraction, other than an accident resulting in serious bodily injury, as defined in Section
127     41-6a-401.3, or death; or
128          (iv) the individual received a citation for speeding between 20 and 30 miles per hour
129     over the legal speed limit if the speeding violation is not more than double the legal speed
130     limit.
131          (b) The following may not apply for or be granted a traffic school deferred prosecution
132     in accordance with this Subsection (6):
133          (i) an individual to whom more than one of the conditions in Subsection (6)(a) apply;
134          (ii) an individual under 21 years old;
135          (iii) an individual with a commercial driver license;
136          (iv) an individual who has not been issued a current Utah driver license;
137          (v) an individual who has been convicted of a felony traffic violation or traffic
138     violation within the 24 months immediately preceding the date of the application for deferred
139     prosecution;
140          (vi) an individual charged with three or more moving traffic infractions related to the
141     same episode or occurrence; or
142          (vii) an individual charged with multiple traffic infractions related to the same episode
143     or occurrence if any of the offenses is a misdemeanor or felony traffic violation.
144          (c) A court may not require an individual to appear in-person to apply for traffic school
145     deferred prosecution in accordance with this Subsection (6).
146          [(c)] (7) An individual who applies for deferred prosecution or traffic school deferred
147     prosecution shall:
148          [(i)] (a) apply through an online application process developed by the Administrative
149     Office of the Courts;
150          [(ii)] (b) pay the relevant fine, as provided by the uniform fine schedule described in
151     Section 76-3-301.5, associated with each traffic infraction for which the individual was
152     charged;
153          [(iii)] (c) pay an administrative fee as established by the judicial council; and
154          [(iv)] (d) enter a deferred plea of no contest as described in Subsection [(5)(e).] (9).
155          [(d)] (8) An individual who receives a traffic citation shall:
156          [(i)] (a) comply with Section 77-7-19; [or]
157          [(ii)] (b) apply for deferred prosecution as described in Subsection [(5)(c)] (7) no
158     sooner than five and no later than 21 days after receiving the citation[.]; or
159          (c) for a traffic school deferred prosecution as described in Subsection (6), apply for
160     deferred prosecution as described in Subsection (7) no later than 28 days after submitting an
161     application into the deferred prosecution system.
162          [(e)] (9) If an eligible individual applies for deferred prosecution, the court shall:
163          [(i)] (a) record the deferred plea of no contest;
164          [(ii)] (b) not enter the deferred plea of no contest unless the individual fails to comply
165     with the terms of the deferred prosecution; and
166          [(iii)] (c) if the individual fails to comply with the terms of the deferred prosecution,
167     enter a judgment of conviction as described in Subsection [(5)(f)(ii).] (10)(b).
168          [(f)] (10) [(i)] (a) Except as provided in Subsection [(5)(f)(ii)] (10)(b), if an individual
169     enters a deferred plea of no contest as described in Subsection [(5)(c)(iv)] (7)(d) and is not
170     convicted of another traffic violation, felony traffic violation, or traffic infraction during the
171     deferral period:
172          [(A)] (i) the prosecutor may not prosecute the individual for the traffic infraction
173     subject to the deferred prosecution;
174          [(B)] (ii) the court may not enter judgment of conviction against the individual or
175     impose a sentence for the traffic infraction; and
176          [(C)] (iii) the court shall dismiss each traffic infraction to which the individual entered
177     a deferred plea of no contest.
178          [(ii)] (b) If an individual enters a deferred plea of no contest as described in Subsection
179     [(5)(c)(iv)] (7)(d) and is convicted of another a traffic violation within the deferral period, the
180     court shall enter judgment of conviction against the individual for each traffic infraction to
181     which the individual entered a deferred plea of no contest.
182          [(g)] (c) (i) A prosecutor may not amend a charge from an infraction to a misdemeanor:
183          (A) if the infraction offense has the same elements as the misdemeanor offense; or
184          (B) for the sole purpose of prohibiting an individual from applying for deferred
185     prosecution.
186          (ii) A deferred prosecution is not a prosecution for purposes of Section 76-1-403.
187          [(h)] (d) (i) The judicial council shall set and periodically adjust the fee described in
188     Subsection [(5)(c)(iii)] (7)(c) in an amount that the judicial council determines to be necessary
189     to cover the cost to implement, operate, and maintain the deferred prosecution program
190     described in this Subsection (5).
191          (ii) The state treasurer shall deposit the revenue generated from the administrative fee
192     described in Subsection [(5)(c)(iii)] (7)(c) into the Justice Court Technology, Security, and
193     Training Account created in Section 78A-7-301.
194          (11) (a) The Department of Public Safety may enter into a contract with a traffic school
195     provider to establish a traffic school course as described in this section.
196          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
197     Department of Public Safety may make rules necessary to establish a traffic school program,
198     including:
199          (i) establishing requirements and standards for the curriculum of a traffic school
200     program;
201          (ii) establishing a fee for an individual to enroll and complete the traffic school course;
202     and
203          (iii) creating a method to electronically transmit the completion of the course to the
204     relevant court as required in Subsection (11)(c).
205          (c) The Department of Public Safety shall ensure than any traffic school program
206     created under this Subsection (11) includes the ability for the traffic school provider to
207     electronically transmit successful completion of the traffic school course to the relevant court.
208          (d) The Department of Public Safety shall ensure that the traffic school program
209     required under this Subsection (11) is established no later than November 1, 2023.
210          (e) After the Department of Public Safety enters into a contract with a traffic school
211     provider as described in this Subsection (11), no later than March 1, 2024, the Administrative
212     Office of the Courts shall coordinate with the traffic school provider to ensure the traffic school
213     provider and the Administrative Office of the Courts:
214          (i) establish the traffic school program as described in this Subsection (11); and
215          (ii) establish means by which completion of the traffic school course may be verified
216     electronically.
217          Section 2. Section 77-7-20 is amended to read:
218          77-7-20. Service of citation on defendant -- Filing in court -- Electronic filing --
219     Contents of citations.
220          (1) Except as provided in Subsection (4), a peace officer or other authorized official
221     who issues a citation pursuant to Section 77-7-18 shall give the citation to the individual cited
222     and shall, within five business days, electronically file the data from Subsections (2)(a) through
223     (2)(h) with the court specified in the citation. The data transmission shall use the court's
224     electronic filing interface. A nonconforming filing is not effective.
225          (2) The citation issued under authority of this chapter shall contain the following data:
226          (a) the name, address, and phone number of the court before which the individual is to
227     appear;
228          (b) the name and date of birth of the individual cited;
229          (c) a brief description of the offense charged;
230          (d) the date, time, and place at which the offense is alleged to have occurred;
231          (e) the date on which the citation was issued;
232          (f) the name of the peace officer or official who issued the citation, and the name of the
233     arresting individual if a private party made the arrest and the citation was issued in lieu of
234     taking the arrested individual before a magistrate;
235          (g) the time and date on or date range during which the individual is to appear or a
236     statement that the court will notify the individual of the time to appear;
237          (h) whether the offense is a domestic violence offense; [and]
238          (i) language informing the individual that the individual may be eligible for deferred
239     prosecution under Section 77-2-4.2, including a link to a website with information regarding
240     deferred prosecution; and
241          [(i)] (j) a notice containing substantially the following language:
242          
READ CAREFULLY

243          This citation is not an information and will not be used as an information without your
244     consent. If an information is filed you will be provided a copy by the court. You MUST
245     appear in court on or before the time set in this citation or as directed by the court. IF YOU
246     FAIL TO APPEAR, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST.
247          (3) By electronically filing the data with the court, the peace officer or official affirms
248     to the court that:
249          (a) the citation or information, including the summons and complaint, was served upon
250     the defendant in accordance with the law;
251          (b) the defendant committed the offense described in the served documents; and
252          (c) the court to which the defendant was directed to appear has jurisdiction over the
253     offense charged.
254          (4) (a) If a citing law enforcement officer is not reasonably able to access the efiling
255     system, the citation need not be filed electronically if being filed with a justice court.
256          (b) The court may accept an electronic filing received after five business days if:
257          (i) the defendant consents to the filing; and
258          (ii) the court finds the interests of justice would be best served by accepting the filing.
259          Section 3. Section 78A-7-301 is amended to read:
260          78A-7-301. Justice Court Technology, Security, and Training Account
261     established -- Funding -- Uses.
262          (1) There is created a restricted account in the General Fund known as the Justice
263     Court Technology, Security, and Training Account.
264          (2) The state treasurer shall deposit in the account:
265          (a) money collected from the surcharge established in Subsection 78A-7-122(4)(b)(iii);
266     and
267          (b) the administrative fee from a deferred prosecution or traffic school deferred
268     prosecution under Subsection 77-2-4.2(5) or (6).
269          (3) Money shall be appropriated from the account to the Administrative Office of the
270     Courts to be used for:
271          (a) audit, technology, security, and training needs in justice courts throughout the state;
272          (b) additional compensation for presiding judges and associate presiding judges for
273     justice courts under Section 78A-7-209.5; and
274          (c) costs to implement, operate, and maintain deferred prosecution and traffic school
275     deferred prosecution pursuant to [Subsection 77-2-4.2(5)] Subsections 77-2-4.2(5) and (6).