1     
TRAFFIC VIOLATION AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jordan D. Teuscher

5     
Senate Sponsor: ____________

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; 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          77-2-4.2, as last amended by Laws of Utah 2022, Chapter 136
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 77-2-4.2 is amended to read:
28          77-2-4.2. Compromise of traffic charges -- Deferred prosecution of traffic
29     infractions -- Limitations.
30          (1) As used in this section:
31          (a) "Compromise" means referral of an individual charged with a traffic violation to
32     traffic school or other school, class, or remedial or rehabilitative program.
33          (b) "Deferral period" means the 12-month period following the date on which an
34     individual submits an application for deferred prosecution.
35          (c) "Deferred prosecution" means the deferral of prosecution of an individual charged
36     with a traffic infraction if the individual complies with the requirements described in
37     Subsection (5).
38          (d) "Felony traffic violation" means a violation of Title 41, Chapter 6a, Traffic Code,
39     amounting to a felony.
40          (e) "Moving traffic infraction" means a traffic infraction that occurs when a vehicle is
41     in motion on a highway.
42          (f) (i) "Traffic infraction" means a violation of Title 41, Chapter 6a, Traffic Code, or a
43     local traffic ordinance that is an infraction.
44          (ii) "Traffic infraction" does not include an offense that is a misdemeanor or a felony.
45          (g) "Traffic violation" means any charge for which a fine may be voluntarily remitted
46     in lieu of appearance, by citation or information, of a violation of:
47          (i) Title 41, Chapter 6a, Traffic Code, amounting to:
48          (A) a class B misdemeanor;
49          (B) a class C misdemeanor; or
50          (C) an infraction; or
51          (ii) any local traffic ordinance.
52          (2) Any compromise of a traffic violation shall be done pursuant to a plea in abeyance
53     agreement as provided in Title 77, Chapter 2a, Pleas in Abeyance, and Subsection (3), except:
54          (a) when the criminal prosecution is dismissed pursuant to Section 77-2-4;
55          (b) when there is a plea by the defendant to and entry of a judgment by a court for the
56     offense originally charged or for an amended charge; or
57          (c) when there is a deferred plea of no contest as provided in Subsection (5).
58          (3) In all cases which are compromised pursuant to a plea in abeyance:
59          (a) the court, taking into consideration the offense charged, shall collect a plea in
60     abeyance fee which shall:
61          (i) be subject to the same surcharge as if imposed on a criminal fine;
62          (ii) be allocated subject to the surcharge as if paid as a criminal fine under Section
63     78A-5-110 and a surcharge under Title 51, Chapter 9, Part 4, Criminal Conviction Surcharge
64     Allocation; and
65          (iii) be not more than $25 greater than the fine designated in the Uniform Fine
66     Schedule; or
67          (b) if no plea in abeyance fee is collected, a surcharge on the fee charged for the traffic
68     school or other school, class, or rehabilitative program shall be collected, which surcharge
69     shall:
70          (i) be computed, assessed, collected, and remitted in the same manner as if the traffic
71     school fee and surcharge had been imposed as a criminal fine and surcharge; and
72          (ii) be subject to the financial requirements contained in Title 51, Chapter 9, Part 4,
73     Criminal Conviction Surcharge Allocation.
74          (4) If a written plea in abeyance agreement is provided, or the defendant requests a
75     written accounting, an itemized statement of all amounts assessed by the court shall be
76     provided, including:
77          (a) the Uniform Fine Schedule amount;
78          (b) the amount of any surcharges being assessed; and
79          (c) the amount of the plea in abeyance fee.
80          (5) (a) (i) Except as provided in Subsection (5)(b), an individual who receives a
81     citation for a moving traffic infraction may apply for deferred prosecution.
82          (ii) A court may not require an individual to appear in-person to apply for a deferred
83     prosecution in accordance with this Subsection (5).
84          (b) [The] Except as provided in Subsection (5)(c), the following may not apply for or
85     be granted a deferred prosecution as described in this section:
86          (i) an individual under 21 years old;
87          (ii) an individual with a commercial driver license;
88          (iii) an individual who has not been issued a current Utah driver license;
89          (iv) an individual who has been convicted of a felony traffic violation, traffic violation,
90     or traffic infraction within the 24 months immediately preceding the date of the application for
91     deferred prosecution;
92          (v) an individual charged with two or more moving traffic infractions related to the
93     same episode or occurrence;
94          (vi) an individual charged with multiple traffic infractions related to the same episode
95     or occurrence if any of the offenses is a misdemeanor or felony traffic violation;
96          (vii) an individual charged with one or more traffic infractions if none of the traffic
97     infractions are moving traffic violations;
98          (viii) an individual charged with any traffic infraction or traffic violation that is part of
99     an episode or occurrence involving a traffic accident;
100          (ix) an individual charged with a moving traffic violation that is for speeding 20 miles
101     per hour or more above the posted speed limit;
102          (x) an individual charged with a moving violation that is for speeding at a speed of 100
103     miles per hour or more; [or]
104          (xi) an individual charged with reckless driving under Section 41-6a-528 or a motor
105     vehicle speed contest or exhibition of speed on a highway as described in Section 41-6a-606; or
106          [(xi)] (xii) an individual who is currently within a deferral period related to a separate
107     episode or occurrence.
108          (c) (i) Notwithstanding Subsection (5)(b), the following may apply for and be granted a
109     deferred prosecution as described in this section if the individual completes a traffic school
110     course approved by the Department of Public Safety as a condition of the deferred prosecution:
111          (A) an individual older than 16 years old but younger than 21 years old;
112          (B) an individual with one or fewer moving traffic infraction convictions in the 24
113     months immediately preceding the current citation;
114          (C) an individual that receives a citation for more than one moving traffic infraction
115     from the same incident or occurrence;
116          (D) an individual who caused an accident, excluding an accident resulting in a serious
117     injury or fatality, during the commission of the traffic infraction; or
118          (E) an individual that receives a citation for speeding between 20 and 30 miles per hour
119     over the legal speed limit if the speeding violation is not over double the legal speed limit.
120          (ii) An individual who applies for deferred prosecution under Subsection (5)(c)(i) shall
121     complete the traffic school course within 3 months of the date on which the individual applies
122     for the deferred prosecution.
123          [(c)] (d) An individual who applies for deferred prosecution shall:
124          (i) apply through an online application process developed by the Administrative Office
125     of the Courts;
126          (ii) pay the relevant fine, as provided by the uniform fine schedule described in Section
127     76-3-301.5, associated with each traffic infraction for which the individual was charged;
128          (iii) pay an administrative fee as established by the judicial council; and
129          (iv) enter a deferred plea of no contest as described in Subsection [(5)(e).] (5)(f).
130          [(d)] (e) An individual who receives a traffic citation shall:
131          (i) comply with Section 77-7-19; or
132          (ii) apply for deferred prosecution as described in Subsection [(5)(c)] (5)(d) no sooner
133     than five and no later than 21 days after receiving the citation.
134          [(e)] (f) If an eligible individual applies for deferred prosecution, the court shall:
135          (i) record the deferred plea of no contest;
136          (ii) not enter the deferred plea of no contest unless the individual fails to comply with
137     the terms of the deferred prosecution; and
138          (iii) if the individual fails to comply with the terms of the deferred prosecution, enter a
139     judgment of conviction as described in Subsection [(5)(f)(ii).] (5)(g)(ii).
140          [(f)] (g) (i) Except as provided in Subsection [(5)(f)(ii)] (5)(g)(ii), if an individual
141     enters a deferred plea of no contest as described in Subsection [(5)(c)(iv)] (5)(d)(iv) and is not
142     convicted of another traffic violation, felony traffic violation, or traffic infraction during the
143     deferral period:
144          (A) the prosecutor may not prosecute the individual for the traffic infraction subject to
145     the deferred prosecution;
146          (B) the court may not enter judgment of conviction against the individual or impose a
147     sentence for the traffic infraction; and
148          (C) the court shall dismiss each traffic infraction to which the individual entered a
149     deferred plea of no contest.
150          (ii) If an individual enters a deferred plea of no contest as described in Subsection
151     [(5)(c)(iv)] (5)(d)(iv) and is convicted of another a traffic violation within the deferral period,
152     or if an individual that applies for deferred prosecution pursuant to Subsection (5)(c) fails to
153     complete the traffic school course as required in Subsection (5)(c)(ii), the court shall enter
154     judgment of conviction against the individual for each traffic infraction to which the individual
155     entered a deferred plea of no contest.
156          [(g)] (h) (i) A prosecutor may not amend a charge from an infraction to a misdemeanor:
157          (A) if the infraction offense has the same elements as the misdemeanor offense; or
158          (B) for the sole purpose of prohibiting an individual from applying for deferred
159     prosecution.
160          (ii) A deferred prosecution is not a prosecution for purposes of Section 76-1-403.
161          [(h)] (i) (i) The judicial council shall set and periodically adjust the fee described in
162     Subsection [(5)(c)(iii)] (5)(d)(iii) in an amount that the judicial council determines to be
163     necessary to cover the cost to implement, operate, and maintain the deferred prosecution
164     program described in this Subsection (5).
165          (ii) The state treasurer shall deposit the revenue generated from the administrative fee
166     described in Subsection [(5)(c)(iii)] (5)(d)(iii) into the Justice Court Technology, Security, and
167     Training Account created in Section 78A-7-301.