This document includes House Floor Amendments incorporated into the bill on Wed, Feb 14, 2024 at 3:42 PM by housengrossing.
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8 LONG TITLE
9 General Description:
10 This bill modifies provisions related to negligently operating a vehicle resulting in
11 death.
12 Highlighted Provisions:
13 This bill:
14 ▸ renames the offense of negligently operating a vehicle resulting in death;
15 ▸ creates a sentencing guideline for automobile homicide;
16 ▸ adds automobile homicide to the list of crimes for which probation, suspension of
17 sentence, a lower category of offense, or hospitalization may not be granted;
18 ▸ modifies the fee for an impounded vehicle; and
19 ▸ makes technical changes.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 This bill provides a coordination clause.
24 Utah Code Sections Affected:
25 AMENDS:
26 41-6a-501, as last amended by Laws of Utah 2023, Chapters 328, 415
27 41-6a-1406, as last amended by Laws of Utah 2023, Chapter 335
28 41-6a-1901, as last amended by Laws of Utah 2022, Chapter 116
29 53-3-220, as last amended by Laws of Utah 2023, Chapter 415
30 53-3-414, as last amended by Laws of Utah 2022, Chapters 46, 116
31 53-10-403, as last amended by Laws of Utah 2023, Chapters 328, 457
32 75-2-803, as last amended by Laws of Utah 2022, Chapters 116, 157 and 430 and last
33 amended by Coordination Clause, Laws of Utah 2022, Chapter 157
34 76-3-406, as last amended by Laws of Utah 2023, Chapter 184
35 76-5-201, as last amended by Laws of Utah 2022, Chapters 116, 181 and last amended
36 by Coordination Clause, Laws of Utah 2022, Chapters 116, 181
37 76-5-207, as last amended by Laws of Utah 2023, Chapter 415
38 78B-9-402, as last amended by Laws of Utah 2022, Chapters 116, 430
39 80-6-712, as last amended by Laws of Utah 2022, Chapters 116, 155, 426, and 430
40 80-6-804, as last amended by Laws of Utah 2023, Chapter 236
41 Utah Code Sections Affected By Coordination Clause:
42 76-3-406, as last amended by Laws of Utah 2023, Chapter 184
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44 Be it enacted by the Legislature of the state of Utah:
45 Section 1. Section 41-6a-501 is amended to read:
46 41-6a-501. Definitions.
47 (1) As used in this part:
48 (a) "Actual physical control" is determined by a consideration of the totality of the
49 circumstances, but does not include a circumstance in which:
50 (i) the person is asleep inside the vehicle;
51 (ii) the person is not in the driver's seat of the vehicle;
52 (iii) the engine of the vehicle is not running;
53 (iv) the vehicle is lawfully parked; and
54 (v) under the facts presented, it is evident that the person did not drive the vehicle to
55 the location while under the influence of alcohol, a drug, or the combined influence of alcohol
56 and any drug.
57 (b) "Assessment" means an in-depth clinical interview with a licensed mental health
58 therapist:
59 (i) used to determine if a person is in need of:
60 (A) substance abuse treatment that is obtained at a substance abuse program;
61 (B) an educational series; or
62 (C) a combination of Subsections (1)(b)(i)(A) and (B); and
63 (ii) that is approved by the Division of Integrated Healthcare in accordance with
64 Section 26B-5-104.
65 (c) "Driving under the influence court" means a court that is approved as a driving
66 under the influence court by the Judicial Council according to standards established by the
67 Judicial Council.
68 (d) "Drug" or "drugs" means:
69 (i) a controlled substance as defined in Section 58-37-2;
70 (ii) a drug as defined in Section 58-17b-102; or
71 (iii) a substance that, when knowingly, intentionally, or recklessly taken into the human
72 body, can impair the ability of a person to safely operate a motor vehicle.
73 (e) "Educational series" means an educational series obtained at a substance abuse
74 program that is approved by the Division of Integrated Healthcare in accordance with Section
75 26B-5-104.
76 (f) "Negligence" means simple negligence, the failure to exercise that degree of care
77 that an ordinarily reasonable and prudent person exercises under like or similar circumstances.
78 (g) "Novice learner driver" means an individual who:
79 (i) has applied for a Utah driver license;
80 (ii) has not previously held a driver license in this state or another state; and
81 (iii) has not completed the requirements for issuance of a Utah driver license.
82 (h) "Screening" means a preliminary appraisal of a person:
83 (i) used to determine if the person is in need of:
84 (A) an assessment; or
85 (B) an educational series; and
86 (ii) that is approved by the Division of Integrated Healthcare in accordance with
87 Section 26B-5-104.
88 (i) "Serious bodily injury" means bodily injury that creates or causes:
89 (i) serious permanent disfigurement;
90 (ii) protracted loss or impairment of the function of any bodily member or organ; or
91 (iii) a substantial risk of death.
92 (j) "Substance abuse treatment" means treatment obtained at a substance abuse
93 program that is approved by the Division of Integrated Healthcare in accordance with Section
94 26B-5-104.
95 (k) "Substance abuse treatment program" means a state licensed substance abuse
96 program.
97 (l) (i) "Vehicle" or "motor vehicle" means a vehicle or motor vehicle as defined in
98 Section 41-6a-102; and
99 (ii) "Vehicle" or "motor vehicle" includes:
100 (A) an off-highway vehicle as defined under Section 41-22-2; and
101 (B) a motorboat as defined in Section 73-18-2.
102 (2) As used in Sections 41-6a-502 and 41-6a-520.1:
103 (a) "Conviction" means any conviction arising from a separate episode of driving for a
104 violation of:
105 (i) driving under the influence under Section 41-6a-502;
106 (ii) (A) for an offense committed before July 1, 2008, alcohol, any drug, or a
107 combination of both-related reckless driving under Sections 41-6a-512 and 41-6a-528; or
108 (B) for an offense committed on or after July 1, 2008, impaired driving under Section
109 41-6a-502.5;
110 (iii) driving with any measurable controlled substance that is taken illegally in the body
111 under Section 41-6a-517;
112 (iv) local ordinances similar to Section 41-6a-502, alcohol, any drug, or a combination
113 of both-related reckless driving, or impaired driving under Section 41-6a-502.5 adopted in
114 compliance with Section 41-6a-510;
115 (v) Section 76-5-207;
116 (vi) operating a motor vehicle with any amount of a controlled substance in an
117 individual's body and causing serious bodily injury or death, as codified before May 4, 2022,
118 Laws of Utah 2021, Chapter 236, Section 1, Subsection 58-37-8(2)(g);
119 (vii) negligently operating a vehicle resulting in injury under Section 76-5-102.1;
120 (viii) a violation described in Subsections (2)(a)(i) through (vii), which judgment of
121 conviction is reduced under Section 76-3-402;
122 (ix) refusal of a chemical test under Subsection 41-6a-520.1(1); or
123 (x) statutes or ordinances previously in effect in this state or in effect in any other state,
124 the United States, or any district, possession, or territory of the United States which would
125 constitute a violation of Section 41-6a-502 or alcohol, any drug, or a combination of
126 both-related reckless driving if committed in this state, including punishments administered
127 under 10 U.S.C. Sec. 815.
128 (b) A plea of guilty or no contest to a violation described in Subsections (2)(a)(i)
129 through (x) which plea was held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance,
130 prior to July 1, 2008, is the equivalent of a conviction, even if the charge has been subsequently
131 reduced or dismissed in accordance with the plea in abeyance agreement, for purposes of:
132 (i) enhancement of penalties under this part; and
133 (ii) expungement under Title 77, Chapter 40a, Expungement.
134 (c) An admission to a violation of Section 41-6a-502 in juvenile court is the equivalent
135 of a conviction even if the charge has been subsequently dismissed in accordance with the Utah
136 Rules of Juvenile Procedure for the purposes of enhancement of penalties under:
137 (i) this part;
138 (ii) negligently operating a vehicle resulting in injury under Section 76-5-102.1; and
139 (iii) [
140 Section 76-5-207.
141 (3) As used in Section 41-6a-505, "controlled substance" does not include an inactive
142 metabolite of a controlled substance.
143 Section 2. Section 41-6a-1406 is amended to read:
144 41-6a-1406. Removal and impoundment of vehicles -- Reporting and notification
145 requirements -- Administrative impound fee -- Refunds -- Possessory lien -- Rulemaking.
146 (1) If a vehicle, vessel, or outboard motor is removed or impounded as provided under
147 Section 41-1a-1101, 41-6a-527, 41-6a-1405, 41-6a-1408, or 73-18-20.1 by an order of a peace
148 officer or by an order of a person acting on behalf of a law enforcement agency or highway
149 authority, the removal or impoundment of the vehicle, vessel, or outboard motor shall be at the
150 expense of the owner.
151 (2) The vehicle, vessel, or outboard motor under Subsection (1) shall be removed or
152 impounded to a state impound yard.
153 (3) The peace officer may move a vehicle, vessel, or outboard motor or cause it to be
154 removed by a tow truck motor carrier that meets standards established:
155 (a) under Title 72, Chapter 9, Motor Carrier Safety Act; and
156 (b) by the department under Subsection (10).
157 (4) (a) A report described in this Subsection (4) is required for a vehicle, vessel, or
158 outboard motor that is:
159 (i) removed or impounded as described in Subsection (1); or
160 (ii) removed or impounded by any law enforcement or government entity.
161 (b) Before noon on the next business day after the date of the removal of the vehicle,
162 vessel, or outboard motor, a report of the removal shall be sent to the Motor Vehicle Division
163 by:
164 (i) the peace officer or agency by whom the peace officer is employed; and
165 (ii) the tow truck operator or the tow truck motor carrier by whom the tow truck
166 operator is employed.
167 (c) The report shall be in a form specified by the Motor Vehicle Division and shall
168 include:
169 (i) the operator's name, if known;
170 (ii) a description of the vehicle, vessel, or outboard motor;
171 (iii) the vehicle identification number or vessel or outboard motor identification
172 number;
173 (iv) the license number, temporary permit number, or other identification number
174 issued by a state agency;
175 (v) the date, time, and place of impoundment;
176 (vi) the reason for removal or impoundment;
177 (vii) the name of the tow truck motor carrier who removed the vehicle, vessel, or
178 outboard motor; and
179 (viii) the place where the vehicle, vessel, or outboard motor is stored.
180 (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
181 State Tax Commission shall make rules to establish proper format and information required on
182 the form described in this Subsection (4).
183 (e) Until the tow truck operator or tow truck motor carrier reports the removal as
184 required under this Subsection (4), a tow truck motor carrier or impound yard may not:
185 (i) collect any fee associated with the removal; and
186 (ii) begin charging storage fees.
187 (5) (a) Except as provided in Subsection (5)(e) and upon receipt of the report, the
188 Motor Vehicle Division shall give notice, in the manner described in Section 41-1a-114, to the
189 following parties with an interest in the vehicle, vessel, or outboard motor, as applicable:
190 (i) the registered owner;
191 (ii) any lien holder; or
192 (iii) a dealer, as defined in Section 41-1a-102, if the vehicle, vessel, or outboard motor
193 is currently operating under a temporary permit issued by the dealer, as described in Section
194 41-3-302.
195 (b) The notice shall:
196 (i) state the date, time, and place of removal, the name, if applicable, of the person
197 operating the vehicle, vessel, or outboard motor at the time of removal, the reason for removal,
198 and the place where the vehicle, vessel, or outboard motor is stored;
199 (ii) state that the registered owner is responsible for payment of towing, impound, and
200 storage fees charged against the vehicle, vessel, or outboard motor;
201 (iii) state the conditions that must be satisfied before the vehicle, vessel, or outboard
202 motor is released; and
203 (iv) inform the parties described in Subsection (5)(a) of the division's intent to sell the
204 vehicle, vessel, or outboard motor, if, within 30 days after the day of the removal or
205 impoundment under this section, one of the parties fails to make a claim for release of the
206 vehicle, vessel, or outboard motor.
207 (c) Except as provided in Subsection (5)(e) and if the vehicle, vessel, or outboard
208 motor is not registered in this state, the Motor Vehicle Division shall make a reasonable effort
209 to notify the parties described in Subsection (5)(a) of the removal and the place where the
210 vehicle, vessel, or outboard motor is stored.
211 (d) The Motor Vehicle Division shall forward a copy of the notice to the place where
212 the vehicle, vessel, or outboard motor is stored.
213 (e) The Motor Vehicle Division is not required to give notice under this Subsection (5)
214 if a report was received by a tow truck operator or tow truck motor carrier reporting a tow truck
215 service in accordance with Subsection 72-9-603(1)(a)(i).
216 (6) (a) The vehicle, vessel, or outboard motor shall be released after a party described
217 in Subsection (5)(a):
218 (i) makes a claim for release of the vehicle, vessel, or outboard motor at any office of
219 the State Tax Commission;
220 (ii) presents identification sufficient to prove ownership of the impounded vehicle,
221 vessel, or outboard motor;
222 (iii) completes the registration, if needed, and pays the appropriate fees;
223 (iv) if the impoundment was made under Section 41-6a-527, pays an administrative
224 impound fee of [
225 (v) pays all towing and storage fees to the place where the vehicle, vessel, or outboard
226 motor is stored.
227 (b) (i) Twenty-nine dollars of the administrative impound fee assessed under
228 Subsection (6)(a)(iv) shall be dedicated credits to the Motor Vehicle Division;
229 (ii) $147 of the administrative impound fee assessed under Subsection (6)(a)(iv) shall
230 be deposited into the Department of Public Safety Restricted Account created in Section
231 53-3-106;
232 (iii) $20 of the administrative impound fee assessed under Subsection (6)(a)(iv) shall
233 be deposited into the Neuro-Rehabilitation Fund created in Section 26B-1-319; and
234 (iv) the remainder of the administrative impound fee assessed under Subsection
235 (6)(a)(iv) shall be deposited into the General Fund.
236 (c) The administrative impound fee assessed under Subsection (6)(a)(iv) shall be
237 waived or refunded by the State Tax Commission if the registered owner, lien holder, or
238 owner's agent presents written evidence to the State Tax Commission that:
239 (i) the Driver License Division determined that the arrested person's driver license
240 should not be suspended or revoked under Section 53-3-223 or 41-6a-521 as shown by a letter
241 or other report from the Driver License Division presented within 180 days after the day on
242 which the Driver License Division mailed the final notification; or
243 (ii) the vehicle was stolen at the time of the impoundment as shown by a copy of the
244 stolen vehicle report presented within 180 days after the day of the impoundment.
245 (d) A tow truck operator, a tow truck motor carrier, and an impound yard shall accept
246 payment by cash and debit or credit card for a removal or impoundment under Subsection (1)
247 or any service rendered, performed, or supplied in connection with a removal or impoundment
248 under Subsection (1).
249 (e) The owner of an impounded vehicle may not be charged a fee for the storage of the
250 impounded vehicle, vessel, or outboard motor if:
251 (i) the vehicle, vessel, or outboard motor is being held as evidence; and
252 (ii) the vehicle, vessel, or outboard motor is not being released to a party described in
253 Subsection (5)(a), even if the party satisfies the requirements to release the vehicle, vessel, or
254 outboard motor under this Subsection (6).
255 (7) (a) For an impounded vehicle, vessel, or outboard motor not claimed by a party
256 described in Subsection (5)(a) within the time prescribed by Section 41-1a-1103, the Motor
257 Vehicle Division shall issue a certificate of sale for the impounded vehicle, vessel, or outboard
258 motor as described in Section 41-1a-1103.
259 (b) The date of impoundment is considered the date of seizure for computing the time
260 period provided under Section 41-1a-1103.
261 (8) A party described in Subsection (5)(a) that pays all fees and charges incurred in the
262 impoundment of the owner's vehicle, vessel, or outboard motor has a cause of action for all the
263 fees and charges, together with damages, court costs, and attorney fees, against the operator of
264 the vehicle, vessel, or outboard motor whose actions caused the removal or impoundment.
265 (9) Towing, impound fees, and storage fees are a possessory lien on the vehicle, vessel,
266 or outboard motor.
267 (10) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
268 the department shall make rules setting the performance standards for towing companies to be
269 used by the department.
270 (11) (a) The Motor Vehicle Division may specify that a report required under
271 Subsection (4) be submitted in electronic form utilizing a database for submission, storage, and
272 retrieval of the information.
273 (b) (i) Unless otherwise provided by statute, the Motor Vehicle Division or the
274 administrator of the database may adopt a schedule of fees assessed for utilizing the database.
275 (ii) The fees under this Subsection (11)(b) shall:
276 (A) be reasonable and fair; and
277 (B) reflect the cost of administering the database.
278 Section 3. Section 41-6a-1901 is amended to read:
279 41-6a-1901. Applicability -- Law enforcement officer duties -- Documents and
280 records -- Notice to Department of State.
281 (1) As used in this section, "diplomat" means an individual who:
282 (a) has a driver license issued by the United States Department of State; or
283 (b) claims immunities or privileges under 22 U.S.C. [
284 258a with respect to:
285 (i) a moving traffic violation under this title or a moving traffic violation of an
286 ordinance of a local authority; or
287 (ii) operating a motor vehicle while committing any of the following offenses:
288 (A) [
289 Section 76-5-207;
290 (B) manslaughter under Section 76-5-205;
291 (C) negligent homicide under Section 76-5-206;
292 (D) aggravated assault under Section 76-5-103; or
293 (E) reckless endangerment under Section 76-5-112.
294 (2) A law enforcement officer who stops a motor vehicle and has probable cause to
295 believe that the driver is a diplomat that has committed a violation described under Subsection
296 (1)(b)(i) or (ii) shall:
297 (a) as soon as practicable, contact the United States Department of State in order to
298 verify the driver's status and immunity, if any;
299 (b) record all relevant information from any driver license or identification card,
300 including a driver license or identification card issued by the United States Department of
301 State; and
302 (c) within five working days after the date the officer stops the driver, forward all of
303 the following to the Department of Public Safety:
304 (i) if the driver is involved in a vehicle accident, the vehicle accident report;
305 (ii) if a citation or other charging document was issued to the driver, a copy of the
306 citation or other charging document; and
307 (iii) if a citation or other charging document was not issued to the driver, a written
308 report of the incident.
309 (3) The Department of Public Safety shall:
310 (a) file each vehicle accident report, citation or other charging document, and incident
311 report that the Department of Public Safety receives under this section;
312 (b) keep convenient records or make suitable notations showing each:
313 (i) conviction;
314 (ii) finding of responsibility; and
315 (iii) vehicle accident; and
316 (c) within five working days after receipt, send a copy of each document and record
317 described in Subsection (3) to the Bureau of Diplomatic Security, Office of Foreign Missions,
318 of the United States Department of State.
319 (4) This section does not prohibit or limit the application of any law to a criminal or
320 motor vehicle violation committed by a diplomat.
321 Section 4. Section 53-3-220 is amended to read:
322 53-3-220. Offenses requiring mandatory revocation, denial, suspension, or
323 disqualification of license -- Offense requiring an extension of period -- Hearing --
324 Limited driving privileges.
325 (1) (a) The division shall immediately revoke or, when this chapter, Title 41, Chapter
326 6a, Traffic Code, or Section 76-5-303, specifically provides for denial, suspension, or
327 disqualification, the division shall deny, suspend, or disqualify the license of a person upon
328 receiving a record of the person's conviction for:
329 (i) manslaughter or negligent homicide resulting from driving a motor vehicle,
330 [
331 76-5-207, or automobile homicide involving using a handheld wireless communication device
332 while driving under Section 76-5-207.5;
333 (ii) driving or being in actual physical control of a motor vehicle while under the
334 influence of alcohol, any drug, or combination of them to a degree that renders the person
335 incapable of safely driving a motor vehicle as prohibited in Section 41-6a-502 or as prohibited
336 in an ordinance that complies with the requirements of Subsection 41-6a-510(1);
337 (iii) driving or being in actual physical control of a motor vehicle while having a blood
338 or breath alcohol content as prohibited in Section 41-6a-502 or as prohibited in an ordinance
339 that complies with the requirements of Subsection 41-6a-510(1);
340 (iv) perjury or the making of a false affidavit to the division under this chapter, Title
341 41, Motor Vehicles, or any other law of this state requiring the registration of motor vehicles or
342 regulating driving on highways;
343 (v) any felony under the motor vehicle laws of this state;
344 (vi) any other felony in which a motor vehicle is used to facilitate the offense;
345 (vii) failure to stop and render aid as required under the laws of this state if a motor
346 vehicle accident results in the death or personal injury of another;
347 (viii) two charges of reckless driving, impaired driving, or any combination of reckless
348 driving and impaired driving committed within a period of 12 months; but if upon a first
349 conviction of reckless driving or impaired driving the judge or justice recommends suspension
350 of the convicted person's license, the division may after a hearing suspend the license for a
351 period of three months;
352 (ix) failure to bring a motor vehicle to a stop at the command of a law enforcement
353 officer as required in Section 41-6a-210;
354 (x) any offense specified in Part 4, Uniform Commercial Driver License Act, that
355 requires disqualification;
356 (xi) a felony violation of Section 76-10-508 or 76-10-508.1 involving discharging or
357 allowing the discharge of a firearm from a vehicle;
358 (xii) using, allowing the use of, or causing to be used any explosive, chemical, or
359 incendiary device from a vehicle in violation of Subsection 76-10-306(4)(b);
360 (xiii) operating or being in actual physical control of a motor vehicle while having any
361 measurable controlled substance or metabolite of a controlled substance in the person's body in
362 violation of Section 41-6a-517;
363 (xiv) operating or being in actual physical control of a motor vehicle while having any
364 measurable or detectable amount of alcohol in the person's body in violation of Section
365 41-6a-530;
366 (xv) engaging in a motor vehicle speed contest or exhibition of speed on a highway in
367 violation of Section 41-6a-606;
368 (xvi) operating or being in actual physical control of a motor vehicle in this state
369 without an ignition interlock system in violation of Section 41-6a-518.2; or
370 (xvii) refusal of a chemical test under Subsection 41-6a-520.1(1).
371 (b) The division shall immediately revoke the license of a person upon receiving a
372 record of an adjudication under Section 80-6-701 for:
373 (i) a felony violation of Section 76-10-508 or 76-10-508.1 involving discharging or
374 allowing the discharge of a firearm from a vehicle; or
375 (ii) using, allowing the use of, or causing to be used any explosive, chemical, or
376 incendiary device from a vehicle in violation of Subsection 76-10-306(4)(b).
377 (c) (i) Except when action is taken under Section 53-3-219 for the same offense, upon
378 receiving a record of conviction, the division shall immediately suspend for six months the
379 license of the convicted person if the person was convicted of violating any one of the
380 following offenses while the person was an operator of a motor vehicle, and the court finds that
381 a driver license suspension is likely to reduce recidivism and is in the interest of public safety:
382 (A) Title 58, Chapter 37, Utah Controlled Substances Act;
383 (B) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
384 (C) Title 58, Chapter 37b, Imitation Controlled Substances Act;
385 (D) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act;
386 (E) Title 58, Chapter 37d, Clandestine Drug Lab Act; or
387 (F) any criminal offense that prohibits possession, distribution, manufacture,
388 cultivation, sale, or transfer of any substance that is prohibited under the acts described in
389 Subsections (1)(c)(i)(A) through (E), or the attempt or conspiracy to possess, distribute,
390 manufacture, cultivate, sell, or transfer any substance that is prohibited under the acts described
391 in Subsections (1)(c)(i)(A) through (E).
392 (ii) Notwithstanding the provisions in Subsection (1)(c)(i), the division shall reinstate a
393 person's driving privilege before completion of the suspension period imposed under
394 Subsection (1)(c)(i) if the reporting court notifies the Driver License Division, in a manner
395 specified by the division, that the defendant is participating in or has successfully completed a
396 drug court program as defined in Section 78A-5-201.
397 (iii) If a person's driving privilege is reinstated under Subsection (1)(c)(ii), the person is
398 required to pay the license reinstatement fees under Subsection 53-3-105(26).
399 (iv) The court shall notify the division, in a manner specified by the division, if a
400 person fails to complete all requirements of the drug court program.
401 (v) Upon receiving the notification described in Subsection (1)(c)(iv), the division shall
402 suspend the person's driving privilege for a period of six months from the date of the notice,
403 and no days shall be subtracted from the six-month suspension period for which a driving
404 privilege was previously suspended under Subsection (1)(c)(i).
405 (d) (i) The division shall immediately suspend a person's driver license for conviction
406 of the offense of theft of motor vehicle fuel under Section 76-6-404.7 if the division receives:
407 (A) an order from the sentencing court requiring that the person's driver license be
408 suspended; and
409 (B) a record of the conviction.
410 (ii) An order of suspension under this section is at the discretion of the sentencing
411 court, and may not be for more than 90 days for each offense.
412 (e) (i) The division shall immediately suspend for one year the license of a person upon
413 receiving a record of:
414 (A) conviction for the first time for a violation under Section 32B-4-411; or
415 (B) an adjudication under Section 80-6-701 for a violation under Section 32B-4-411.
416 (ii) The division shall immediately suspend for a period of two years the license of a
417 person upon receiving a record of:
418 (A) (I) conviction for a second or subsequent violation under Section 32B-4-411; and
419 (II) the violation described in Subsection (1)(e)(ii)(A)(I) is within 10 years of a prior
420 conviction for a violation under Section 32B-4-411; or
421 (B) (I) a second or subsequent adjudication under Section 80-6-701 for a violation
422 under Section 32B-4-411; and
423 (II) the adjudication described in Subsection (1)(e)(ii)(B)(I) is within 10 years of a prior
424 adjudication under Section 80-6-701 for a violation under Section 32B-4-411.
425 (iii) Upon receipt of a record under Subsection (1)(e)(i) or (ii), the division shall:
426 (A) for a conviction or adjudication described in Subsection (1)(e)(i):
427 (I) impose a suspension for one year beginning on the date of conviction; or
428 (II) if the person is under the age of eligibility for a driver license, impose a suspension
429 that begins on the date of conviction and continues for one year beginning on the date of
430 eligibility for a driver license; or
431 (B) for a conviction or adjudication described in Subsection (1)(e)(ii):
432 (I) impose a suspension for a period of two years; or
433 (II) if the person is under the age of eligibility for a driver license, impose a suspension
434 that begins on the date of conviction and continues for two years beginning on the date of
435 eligibility for a driver license.
436 (iv) Upon receipt of the first order suspending a person's driving privileges under
437 Section 32B-4-411, the division shall reduce the suspension period under Subsection (1)(e)(i) if
438 ordered by the court in accordance with Subsection 32B-4-411(3)(a).
439 (v) Upon receipt of the second or subsequent order suspending a person's driving
440 privileges under Section 32B-4-411, the division shall reduce the suspension period under
441 Subsection (1)(e)(ii) if ordered by the court in accordance with Subsection 32B-4-411(3)(b).
442 (2) The division shall extend the period of the first denial, suspension, revocation, or
443 disqualification for an additional like period, to a maximum of one year for each subsequent
444 occurrence, upon receiving:
445 (a) a record of the conviction of any person on a charge of driving a motor vehicle
446 while the person's license is denied, suspended, revoked, or disqualified;
447 (b) a record of a conviction of the person for any violation of the motor vehicle law in
448 which the person was involved as a driver;
449 (c) a report of an arrest of the person for any violation of the motor vehicle law in
450 which the person was involved as a driver; or
451 (d) a report of an accident in which the person was involved as a driver.
452 (3) When the division receives a report under Subsection (2)(c) or (d) that a person is
453 driving while the person's license is denied, suspended, disqualified, or revoked, the person is
454 entitled to a hearing regarding the extension of the time of denial, suspension, disqualification,
455 or revocation originally imposed under Section 53-3-221.
456 (4) (a) The division may extend to a person the limited privilege of driving a motor
457 vehicle to and from the person's place of employment or within other specified limits on
458 recommendation of the judge in any case where a person is convicted of any of the offenses
459 referred to in Subsections (1) and (2) except:
460 (i) those offenses referred to in Subsections (1)(a)(i), (ii), (iii), (xi), (xii), (xiii), (1)(b),
461 and (1)(c)(i); and
462 (ii) those offenses referred to in Subsection (2) when the original denial, suspension,
463 revocation, or disqualification was imposed because of a violation of Section 41-6a-502,
464 41-6a-517, a local ordinance that complies with the requirements of Subsection 41-6a-510(1),
465 Section 41-6a-520, 41-6a-520.1, 76-5-102.1, or 76-5-207, or a criminal prohibition that the
466 person was charged with violating as a result of a plea bargain after having been originally
467 charged with violating one or more of these sections or ordinances, unless:
468 (A) the person has had the period of the first denial, suspension, revocation, or
469 disqualification extended for a period of at least three years;
470 (B) the division receives written verification from the person's primary care physician
471 that:
472 (I) to the physician's knowledge the person has not used any narcotic drug or other
473 controlled substance except as prescribed by a licensed medical practitioner within the last
474 three years; and
475 (II) the physician is not aware of any physical, emotional, or mental impairment that
476 would affect the person's ability to operate a motor vehicle safely; and
477 (C) for a period of one year prior to the date of the request for a limited driving
478 privilege:
479 (I) the person has not been convicted of a violation of any motor vehicle law in which
480 the person was involved as the operator of the vehicle;
481 (II) the division has not received a report of an arrest for a violation of any motor
482 vehicle law in which the person was involved as the operator of the vehicle; and
483 (III) the division has not received a report of an accident in which the person was
484 involved as an operator of a vehicle.
485 (b) (i) Except as provided in Subsection (4)(b)(ii), the discretionary privilege
486 authorized in this Subsection (4):
487 (A) is limited to when undue hardship would result from a failure to grant the
488 privilege; and
489 (B) may be granted only once to any person during any single period of denial,
490 suspension, revocation, or disqualification, or extension of that denial, suspension, revocation,
491 or disqualification.
492 (ii) The discretionary privilege authorized in Subsection (4)(a)(ii):
493 (A) is limited to when the limited privilege is necessary for the person to commute to
494 school or work; and
495 (B) may be granted only once to any person during any single period of denial,
496 suspension, revocation, or disqualification, or extension of that denial, suspension, revocation,
497 or disqualification.
498 (c) A limited CDL may not be granted to a person disqualified under Part 4, Uniform
499 Commercial Driver License Act, or whose license has been revoked, suspended, cancelled, or
500 denied under this chapter.
501 Section 5. Section 53-3-414 is amended to read:
502 53-3-414. CDL disqualification or suspension -- Grounds and duration --
503 Procedure.
504 (1) (a) An individual who holds or is required to hold a CDL is disqualified from
505 driving a commercial motor vehicle for a period of not less than one year effective seven days
506 from the date of notice to the driver if convicted of a first offense of:
507 (i) driving a motor vehicle while under the influence of alcohol, drugs, a controlled
508 substance, or more than one of these;
509 (ii) driving a commercial motor vehicle while the concentration of alcohol in the
510 person's blood, breath, or urine is .04 grams or more;
511 (iii) leaving the scene of an accident involving a motor vehicle the person was driving;
512 (iv) failing to provide reasonable assistance or identification when involved in an
513 accident resulting in:
514 (A) personal injury in accordance with Section 41-6a-401.3;
515 (B) death in accordance with Section 41-6a-401.5; or
516 (v) using a motor vehicle in the commission of a felony;
517 (vi) refusal to submit to a test to determine the concentration of alcohol in the person's
518 blood, breath, or urine;
519 (vii) driving a commercial motor vehicle while the person's commercial driver license
520 is disqualified in accordance with the provisions of this section for violating an offense
521 described in this section; or
522 (viii) operating a commercial motor vehicle in a negligent manner causing the death of
523 another including the offenses of manslaughter under Section 76-5-205, negligent homicide
524 under Section 76-5-206, or [
525 homicide under Section 76-5-207.
526 (b) The division shall subtract from any disqualification period under Subsection
527 (1)(a)(i) the number of days for which a license was previously disqualified under Subsection
528 (1)(a)(ii) or (14) if the previous disqualification was based on the same occurrence upon which
529 the record of conviction is based.
530 (2) If any of the violations under Subsection (1) occur while the driver is transporting a
531 hazardous material required to be placarded, the driver is disqualified for not less than three
532 years.
533 (3) (a) Except as provided under Subsection (4), a driver of a motor vehicle who holds
534 or is required to hold a CDL is disqualified for life from driving a commercial motor vehicle if
535 convicted of or administrative action is taken for two or more of any of the offenses under
536 Subsection (1), (5), or (14) arising from two or more separate incidents.
537 (b) Subsection (3)(a) applies only to those offenses committed after July 1, 1989.
538 (4) (a) Any driver disqualified for life from driving a commercial motor vehicle under
539 this section may apply to the division for reinstatement of the driver's CDL if the driver:
540 (i) has both voluntarily enrolled in and successfully completed an appropriate
541 rehabilitation program that:
542 (A) meets the standards of the division; and
543 (B) complies with 49 C.F.R. Sec. 383.51;
544 (ii) has served a minimum disqualification period of 10 years; and
545 (iii) has fully met the standards for reinstatement of commercial motor vehicle driving
546 privileges established by rule of the division.
547 (b) If a reinstated driver is subsequently convicted of another disqualifying offense
548 under this section, the driver is permanently disqualified for life and is ineligible to again apply
549 for a reduction of the lifetime disqualification.
550 (5) A driver of a motor vehicle who holds or is required to hold a CDL is disqualified
551 for life from driving a commercial motor vehicle if the driver uses a motor vehicle in the
552 commission of any felony involving:
553 (a) the manufacturing, distributing, or dispensing of a controlled substance, or
554 possession with intent to manufacture, distribute, or dispense a controlled substance and is
555 ineligible to apply for a reduction of the lifetime disqualification under Subsection (4); or
556 (b) an act or practice of severe forms of trafficking in persons as defined and described
557 in 22 U.S.C. Sec. 7102(11).
558 (6) (a) Subject to Subsection (6)(b), a driver of a commercial motor vehicle who holds
559 or is required to hold a CDL is disqualified for not less than:
560 (i) 60 days from driving a commercial motor vehicle if the driver is convicted of two
561 serious traffic violations; and
562 (ii) 120 days if the driver is convicted of three or more serious traffic violations.
563 (b) The disqualifications under Subsection (6)(a) are effective only if the serious traffic
564 violations:
565 (i) occur within three years of each other;
566 (ii) arise from separate incidents; and
567 (iii) involve the use or operation of a commercial motor vehicle.
568 (c) If a driver of a commercial motor vehicle who holds or is required to hold a CDL is
569 disqualified from driving a commercial motor vehicle and the division receives notice of a
570 subsequent conviction for a serious traffic violation that results in an additional disqualification
571 period under this Subsection (6), the subsequent disqualification period is effective beginning
572 on the ending date of the current serious traffic violation disqualification period.
573 (7) (a) A driver of a commercial motor vehicle who is convicted of violating an
574 out-of-service order while driving a commercial motor vehicle is disqualified from driving a
575 commercial motor vehicle for a period not less than:
576 (i) 180 days if the driver is convicted of a first violation;
577 (ii) two years if, during any 10 year period, the driver is convicted of two violations of
578 out-of-service orders in separate incidents;
579 (iii) three years but not more than five years if, during any 10 year period, the driver is
580 convicted of three or more violations of out-of-service orders in separate incidents;
581 (iv) 180 days but not more than two years if the driver is convicted of a first violation
582 of an out-of-service order while transporting hazardous materials required to be placarded or
583 while operating a motor vehicle designed to transport 16 or more passengers, including the
584 driver; or
585 (v) three years but not more than five years if, during any 10 year period, the driver is
586 convicted of two or more violations, in separate incidents, of an out-of-service order while
587 transporting hazardous materials required to be placarded or while operating a motor vehicle
588 designed to transport 16 or more passengers, including the driver.
589 (b) A driver of a commercial motor vehicle who is convicted of a first violation of an
590 out-of-service order is subject to a civil penalty of not less than $2,500.
591 (c) A driver of a commercial motor vehicle who is convicted of a second or subsequent
592 violation of an out-of-service order is subject to a civil penalty of not less than $5,000.
593 (8) A driver of a commercial motor vehicle who holds or is required to hold a CDL is
594 disqualified for not less than 60 days if the division determines, in its check of the driver's
595 driver license status, application, and record prior to issuing a CDL or at any time after the
596 CDL is issued, that the driver has falsified information required to apply for a CDL in this
597 state.
598 (9) A driver of a commercial motor vehicle who is convicted of violating a
599 railroad-highway grade crossing provision under Section 41-6a-1205, while driving a
600 commercial motor vehicle is disqualified from driving a commercial motor vehicle for a period
601 not less than:
602 (a) 60 days if the driver is convicted of a first violation;
603 (b) 120 days if, during any three-year period, the driver is convicted of a second
604 violation in separate incidents; or
605 (c) one year if, during any three-year period, the driver is convicted of three or more
606 violations in separate incidents.
607 (10) (a) The division shall update its records and notify the CDLIS within 10 days of
608 suspending, revoking, disqualifying, denying, or cancelling a CDL to reflect the action taken.
609 (b) When the division suspends, revokes, cancels, or disqualifies a nonresident CDL,
610 the division shall notify the licensing authority of the issuing state or other jurisdiction and the
611 CDLIS within 10 days after the action is taken.
612 (c) When the division suspends, revokes, cancels, or disqualifies a CDL issued by this
613 state, the division shall notify the CDLIS within 10 days after the action is taken.
614 (11) (a) The division may immediately suspend or disqualify the CDL of a driver
615 without a hearing or receiving a record of the driver's conviction when the division has reason
616 to believe that the:
617 (i) CDL was issued by the division through error or fraud;
618 (ii) applicant provided incorrect or incomplete information to the division;
619 (iii) applicant cheated on any part of a CDL examination;
620 (iv) driver no longer meets the fitness standards required to obtain a CDL; or
621 (v) driver poses an imminent hazard.
622 (b) Suspension of a CDL under this Subsection (11) shall be in accordance with
623 Section 53-3-221.
624 (c) If a hearing is held under Section 53-3-221, the division shall then rescind the
625 suspension order or cancel the CDL.
626 (12) (a) Subject to Subsection (12)(b), a driver of a motor vehicle who holds or is
627 required to hold a CDL is disqualified for not less than:
628 (i) 60 days from driving a commercial motor vehicle if the driver is convicted of two
629 serious traffic violations; and
630 (ii) 120 days if the driver is convicted of three or more serious traffic violations.
631 (b) The disqualifications under Subsection (12)(a) are effective only if the serious
632 traffic violations:
633 (i) occur within three years of each other;
634 (ii) arise from separate incidents; and
635 (iii) result in a denial, suspension, cancellation, or revocation of the non-CDL driving
636 privilege from at least one of the violations.
637 (c) If a driver of a motor vehicle who holds or is required to hold a CDL is disqualified
638 from driving a commercial motor vehicle and the division receives notice of a subsequent
639 conviction for a serious traffic violation that results in an additional disqualification period
640 under this Subsection (12), the subsequent disqualification period is effective beginning on the
641 ending date of the current serious traffic violation disqualification period.
642 (13) (a) Upon receiving a notice that a person has entered into a plea of guilty or no
643 contest to a violation of a disqualifying offense described in this section which plea is held in
644 abeyance pursuant to a plea in abeyance agreement, the division shall disqualify, suspend,
645 cancel, or revoke the person's CDL for the period required under this section for a conviction of
646 that disqualifying offense, even if the charge has been subsequently reduced or dismissed in
647 accordance with the plea in abeyance agreement.
648 (b) The division shall report the plea in abeyance to the CDLIS within 10 days of
649 taking the action under Subsection (13)(a).
650 (c) A plea which is held in abeyance may not be removed from a person's driving
651 record for 10 years from the date of the plea in abeyance agreement, even if the charge is:
652 (i) reduced or dismissed in accordance with the plea in abeyance agreement; or
653 (ii) expunged under Title 77, Chapter 40a, Expungement.
654 (14) The division shall disqualify the CDL of a driver for an arrest of a violation of
655 Section 41-6a-502 when administrative action is taken against the operator's driving privilege
656 pursuant to Section 53-3-223 for a period of:
657 (a) one year; or
658 (b) three years if the violation occurred while transporting hazardous materials.
659 (15) The division may concurrently impose any disqualification periods that arise
660 under this section while a driver is disqualified by the Secretary of the United States
661 Department of Transportation under 49 C.F.R. Sec. 383.52 for posing an imminent hazard.
662 Section 6. Section 53-10-403 is amended to read:
663 53-10-403. DNA specimen analysis -- Application to offenders, including minors.
664 (1) Sections 53-10-403.6, 53-10-404, 53-10-404.5, 53-10-405, and 53-10-406 apply to
665 any person who:
666 (a) has pled guilty to or has been convicted of any of the offenses under Subsection
667 (2)(a) or (b) on or after July 1, 2002;
668 (b) has pled guilty to or has been convicted by any other state or by the United States
669 government of an offense which if committed in this state would be punishable as one or more
670 of the offenses listed in Subsection (2)(a) or (b) on or after July 1, 2003;
671 (c) has been booked on or after January 1, 2011, through December 31, 2014, for any
672 offense under Subsection (2)(c);
673 (d) has been booked:
674 (i) by a law enforcement agency that is obtaining a DNA specimen on or after May 13,
675 2014, through December 31, 2014, under Subsection 53-10-404(4)(b) for any felony offense; or
676 (ii) on or after January 1, 2015, for any felony offense; or
677 (e) is a minor under Subsection (3).
678 (2) Offenses referred to in Subsection (1) are:
679 (a) any felony or class A misdemeanor under the Utah Code;
680 (b) any offense under Subsection (2)(a):
681 (i) for which the court enters a judgment for conviction to a lower degree of offense
682 under Section 76-3-402; or
683 (ii) regarding which the court allows the defendant to enter a plea in abeyance as
684 defined in Section 77-2a-1; or
685 (c) (i) any violent felony as defined in Section 53-10-403.5;
686 (ii) sale or use of body parts, Section 26B-8-315;
687 (iii) failure to stop at an accident that resulted in death, Section 41-6a-401.5;
688 (iv) operating a motor vehicle with any amount of a controlled substance in an
689 individual's body and causing serious bodily injury or death, as codified before May 4, 2022,
690 Laws of Utah 2021, Chapter 236, Section 1, Subsection 58-37-8(2)(g);
691 (v) a felony violation of enticing a minor, Section 76-4-401;
692 (vi) negligently operating a vehicle resulting in injury, Subsection 76-5-102.1(2)(b);
693 (vii) a felony violation of propelling a substance or object at a correctional officer, a
694 peace officer, or an employee or a volunteer, including health care providers, Section
695 76-5-102.6;
696 (viii) [
697 Subsection 76-5-207(2)(b);
698 (ix) aggravated human trafficking, Section 76-5-310, and aggravated human
699 smuggling, Section 76-5-310.1;
700 (x) a felony violation of unlawful sexual activity with a minor, Section 76-5-401;
701 (xi) a felony violation of sexual abuse of a minor, Section 76-5-401.1;
702 (xii) unlawful sexual contact with a 16 or 17-year old, Section 76-5-401.2;
703 (xiii) sale of a child, Section 76-7-203;
704 (xiv) aggravated escape, Subsection 76-8-309(2);
705 (xv) a felony violation of assault on an elected official, Section 76-8-315;
706 (xvi) influencing, impeding, or retaliating against a judge or member of the Board of
707 Pardons and Parole, Section 76-8-316;
708 (xvii) advocating criminal syndicalism or sabotage, Section 76-8-902;
709 (xviii) assembly for advocating criminal syndicalism or sabotage, Section 76-8-903;
710 (xix) a felony violation of sexual battery, Section 76-9-702.1;
711 (xx) a felony violation of lewdness involving a child, Section 76-9-702.5;
712 (xxi) a felony violation of abuse or desecration of a dead human body, Section
713 76-9-704;
714 (xxii) manufacture, possession, sale, or use of a weapon of mass destruction, Section
715 76-10-402;
716 (xxiii) manufacture, possession, sale, or use of a hoax weapon of mass destruction,
717 Section 76-10-403;
718 (xxiv) possession of a concealed firearm in the commission of a violent felony,
719 Subsection 76-10-504(4);
720 (xxv) assault with the intent to commit bus hijacking with a dangerous weapon,
721 Subsection 76-10-1504(3);
722 (xxvi) commercial obstruction, Subsection 76-10-2402(2);
723 (xxvii) a felony violation of failure to register as a sex or kidnap offender, Section
724 77-41-107;
725 (xxviii) repeat violation of a protective order, Subsection 77-36-1.1(4); or
726 (xxix) violation of condition for release after arrest under Section 78B-7-802.
727 (3) A minor under Subsection (1) is a minor 14 years old or older who is adjudicated
728 by the juvenile court due to the commission of any offense described in Subsection (2), and
729 who:
730 (a) committed an offense under Subsection (2) within the jurisdiction of the juvenile
731 court on or after July 1, 2002; or
732 (b) is in the legal custody of the Division of Juvenile Justice and Youth Services on or
733 after July 1, 2002, for an offense under Subsection (2).
734 Section 7. Section 75-2-803 is amended to read:
735 75-2-803. Definitions -- Effect of homicide on intestate succession, wills, trusts,
736 joint assets, life insurance, and beneficiary designations -- Petition -- Forfeiture --
737 Revocation.
738 (1) As used in this section:
739 (a) "Conviction" means the same as that term is defined in Section 77-38b-102.
740 (b) "Decedent" means a deceased individual.
741 (c) "Disposition or appointment of property" includes a transfer of an item of property
742 or any other benefit to a beneficiary designated in a governing instrument.
743 (d) (i) Except as provided in Subsection (1)(d)(ii), "disqualifying homicide" means any
744 felony homicide offense described in Title 76, Chapter 5, Offenses Against the Individual, for
745 which the elements are established by a preponderance of the evidence and by applying the
746 same principles of culpability and defenses described in Title 76, Utah Criminal Code.
747 (ii) "Disqualifying homicide" does not include an offense for:
748 (A) [
749 described in Section 76-5-207; and
750 (B) automobile homicide involving using a handheld wireless communication device
751 while driving, as described in Section 76-5-207.5.
752 (e) "Governing instrument" means a governing instrument executed by the decedent.
753 (f) "Killer" means an individual who commits a disqualifying homicide.
754 (g) "Revocable" means a disposition, appointment, provision, or nomination under
755 which the decedent, at the time of or immediately before death, was alone empowered, by law
756 or under the governing instrument, to cancel the designation in favor of the killer regardless of
757 whether at the time or immediately before death:
758 (i) the decedent was empowered to designate the decedent in place of the decedent's
759 killer; or
760 (ii) the decedent had the capacity to exercise the power.
761 (2) (a) An individual who commits a disqualifying homicide of the decedent forfeits all
762 benefits under this chapter with respect to the decedent's estate, including an intestate share, an
763 elective share, an omitted spouse's or child's share, a homestead allowance, exempt property,
764 and a family allowance.
765 (b) If the decedent died intestate, the decedent's intestate estate passes as if the killer
766 disclaimed the killer's intestate share.
767 (3) The killing of the decedent by means of a disqualifying homicide:
768 (a) revokes any revocable:
769 (i) disposition or appointment of property made by the decedent to the killer in a
770 governing instrument;
771 (ii) provision in a governing instrument conferring a general or nongeneral power of
772 appointment on the killer; and
773 (iii) nomination of the killer in a governing instrument, nominating or appointing the
774 killer to serve in any fiduciary or representative capacity, including a personal representative,
775 executor, trustee, or agent; and
776 (b) severs the interests of the decedent and killer in property held by them at the time of
777 the killing as joint tenants with the right of survivorship, transforming the interests of the
778 decedent and killer into tenancies in common.
779 (4) A severance under Subsection (3)(b) does not affect any third-party interest in
780 property acquired for value and in good faith reliance on an apparent title by survivorship in the
781 killer unless a writing declaring the severance has been noted, registered, filed, or recorded in
782 records appropriate to the kind and location of the property which are relied upon, in the
783 ordinary course of transactions involving such property, as evidence of ownership.
784 (5) Provisions of a governing instrument are given effect as if the killer disclaimed all
785 provisions revoked by this section or, in the case of a revoked nomination in a fiduciary or
786 representative capacity, as if the killer predeceased the decedent.
787 (6) A wrongful acquisition of property or interest by one who kills another under
788 circumstances not covered by this section shall be treated in accordance with the principle that
789 a killer cannot profit from the killer's wrong.
790 (7) (a) An interested person may petition the court to determine whether an individual
791 has committed a disqualifying homicide of the decedent.
792 (b) An individual has committed a disqualifying homicide of the decedent for purposes
793 of this section if:
794 (i) unless the court finds that disinheritance would create a manifest injustice, the court
795 finds that, by a preponderance of the evidence, the individual has committed a disqualifying
796 homicide of the decedent; or
797 (ii) the court finds that a judgment of conviction has been entered against the
798 individual for a disqualifying homicide of the decedent and all direct appeals for the judgment
799 have been exhausted.
800 (8) (a) Before a court determines whether an individual committed a disqualifying
801 homicide of the decedent under Subsection (7), the decedent's estate may petition the court to:
802 (i) enter a temporary restraining order, an injunction, or a temporary restraining order
803 and an injunction, to preserve the property or assets of the killer or the killer's estate;
804 (ii) require the execution of a trustee's bond under Section 75-7-702 for the killer's
805 estate;
806 (iii) establish a constructive trust on any property or assets of the killer or the killer's
807 estate that is effective from the time the killer's act caused the death of the decedent; or
808 (iv) take any other action necessary to preserve the property or assets of the killer or the
809 killer's estate:
810 (A) until a court makes a determination under Subsection (7); or
811 (B) for the payment of all damages and judgments for conduct resulting in the
812 disqualifying homicide of the decedent.
813 (b) Upon a petition for a temporary restraining order or an injunction under Subsection
814 (8)(a)(i), a court may enter a temporary restraining order against an owner's property in
815 accordance with Rule 65A of the Utah Rules of Civil Procedure, without notice or opportunity
816 of a hearing, if the court determines that:
817 (i) there is a substantial likelihood that the property is, or will be, necessary to satisfy a
818 judgment or damages owed by the killer for conduct resulting in the disqualifying homicide of
819 the decedent; and
820 (ii) notice of the hearing would likely result in the property being:
821 (A) sold, distributed, destroyed, or removed; and
822 (B) unavailable to satisfy a judgment or damages owed by the killer for conduct
823 resulting in the disqualifying homicide of the decedent.
824 (9) (a) (i) A payor or other third party is not liable for having made a payment or
825 transferred an item of property or any other benefit to a beneficiary designated in a governing
826 instrument affected by a disqualifying homicide, or for having taken any other action in good
827 faith reliance on the validity of the governing instrument, upon request and satisfactory proof of
828 the decedent's death, before the payor or other third party received written notice of a claimed
829 forfeiture or revocation under this section.
830 (ii) A payor or other third party is liable for a payment made or other action taken after
831 the payor or other third party received written notice of a claimed forfeiture or revocation under
832 this section.
833 (b) (i) Written notice of a claimed forfeiture or revocation under Subsection (9)(a) shall
834 be mailed to the payor's or other third party's main office or home by registered or certified
835 mail, return receipt requested, or served upon the payor or other third party in the same manner
836 as a summons in a civil action.
837 (ii) Upon receipt of written notice of a claimed forfeiture or revocation under this
838 section, a payor or other third party may pay any amount owed or transfer or deposit any item
839 of property held by the payor or third party to or with:
840 (A) the court having jurisdiction of the probate proceedings relating to the decedent's
841 estate; or
842 (B) if no proceedings have been commenced, the court having jurisdiction of probate
843 proceedings relating to the decedent's estates located in the county of the decedent's residence.
844 (iii) The court shall hold the funds or item of property and, upon the court's
845 determination under this section, shall order disbursement in accordance with the
846 determination.
847 (iv) Payments, transfers, or deposits made to or with the court discharge the payor or
848 other third party from all claims for the value of amounts paid to or items of property
849 transferred to or deposited with the court.
850 (10) (a) A person who purchases property for value and without notice, or who receives
851 a payment or other item of property in partial or full satisfaction of a legally enforceable
852 obligation, is:
853 (i) not obligated under this section to return the payment, item of property, or benefit;
854 and
855 (ii) not liable under this section for the amount of the payment or the value of the item
856 of property or benefit.
857 (b) Notwithstanding Subsection (10)(a), a person who, not for value, receives a
858 payment, item of property, or any other benefit to which the person is not entitled under this
859 section is:
860 (i) obligated to return the payment, item of property, or benefit to the person who is
861 entitled to the payment, property, or benefit under this section; and
862 (ii) personally liable for the amount of the payment or the value of the item of property
863 or benefit to the person who is entitled to the payment, property, or benefit under this section.
864 (c) If this section or any part of this section is preempted by federal law with respect to
865 a payment, an item of property, or any other benefit covered by this section, a person who, not
866 for value, receives the payment, item of property, or any other benefit to which the person is
867 not entitled under this section is:
868 (i) obligated to return the payment, item of property, or benefit to the person who
869 would have been entitled to the payment, property, or benefit if this section or part were not
870 preempted; and
871 (ii) personally liable for the amount of the payment or the value of the item of property
872 or benefit, to the person who would have been entitled to the payment, property, or benefit if
873 this section or part were not preempted.
874 The following section is affected by a coordination clause at the end of this bill.
875 Section 8. Section 76-3-406 is amended to read:
876 76-3-406. Crimes for which probation, suspension of sentence, lower category of
877 offense, or hospitalization may not be granted.
878 (1) Notwithstanding Sections 76-3-201 and 77-18-105 and Title 77, Chapter 16a,
879 Commitment and Treatment of Individuals with a Mental Condition, except as provided in
880 Section 76-5-406.5 or Subsection 77-16a-103(6) or (7), probation may not be granted, the
881 execution or imposition of sentence may not be suspended, the court may not enter a judgment
882 for a lower category of offense, and hospitalization may not be ordered, the effect of which
883 would in any way shorten the prison sentence for an individual who commits:
884 (a) a capital felony or a first degree felony involving:
885 [
886 [
887 [
888 [
889 [
890 76-5-402(3)(b), (3)(c), or (4);
891 [
892 [
893 Subsection 76-5-402.2(3)(b), (3)(c), or (4);
894 [
895 [
896 Subsection 76-5-403(3)(b), (3)(c), or (4);
897 [
898 [
899 Subsection 76-5-404(3)(b)(i) or (ii);
900 [
901 [
902 [
903 (1)(a)(vi), (viii), or (x); or
904 (b) a second degree felony offense of automobile homicide, as described in Section
905 76-5-207.
906 (2) Except for an offense before the district court in accordance with Section 80-6-502
907 or 80-6-504, the provisions of this section do not apply if the sentencing court finds that the
908 defendant:
909 (a) was under 18 years old at the time of the offense; and
910 (b) could have been adjudicated in the juvenile court but for the delayed reporting or
911 delayed filing of the information.
912 Section 9. Section 76-5-201 is amended to read:
913 76-5-201. Criminal homicide -- Designations of offenses -- Exceptions --
914 Application of consensual altercation defense.
915 (1) (a) As used in this section:
916 (i) "Abortion" means the same as that term is defined in Section 76-7-301.
917 (ii) "Criminal homicide" means an act causing the death of another human being,
918 including an unborn child at any stage of the unborn child's development.
919 (b) The terms defined in Section 76-1-101.5 apply to this section.
920 (2) The following are criminal homicide:
921 (a) aggravated murder;
922 (b) murder;
923 (c) manslaughter;
924 (d) child abuse homicide;
925 (e) homicide by assault;
926 (f) negligent homicide; and
927 (g) [
928 (3) Notwithstanding Subsection (2), an actor is not guilty of criminal homicide if:
929 (a) the death of an unborn child is caused by an abortion;
930 (b) the sole reason for the death of an unborn child is that the actor:
931 (i) refused to consent to:
932 (A) medical treatment; or
933 (B) a cesarean section; or
934 (ii) failed to follow medical advice; or
935 (c) a woman causes the death of her own unborn child, and the death:
936 (i) is caused by a criminally negligent act or reckless act of the woman; and
937 (ii) is not caused by an intentional or knowing act of the woman.
938 (4) The provisions governing a defense of a consensual altercation as described in
939 Section 76-5-104 apply to this part.
940 Section 10. Section 76-5-207 is amended to read:
941 76-5-207. Automobile homicide -- Penalties -- Evidence.
942 (1) (a) As used in this section:
943 (i) "Controlled substance" means the same as that term is defined in Section 58-37-2.
944 (ii) "Criminally negligent" means the same as that term is described in Subsection
945 76-2-103(4).
946 (iii) "Drug" means:
947 (A) a controlled substance;
948 (B) a drug as defined in Section 58-37-2; or
949 (C) a substance that, when knowingly, intentionally, or recklessly taken into the human
950 body, can impair the ability of an individual to safely operate a vehicle.
951 (iv) "Negligent" or "negligence" means simple negligence, the failure to exercise that
952 degree of care that reasonable and prudent persons exercise under like or similar circumstances.
953 (v) "Vehicle" means the same as that term is defined in Section 41-6a-501.
954 (b) Terms defined in Section 76-1-101.5 apply to this section.
955 (2) An actor commits [
956 homicide if the actor:
957 (a) (i) operates a vehicle in a negligent or criminally negligent manner causing the
958 death of another individual; Ĥ→ and ←Ĥ
959 (ii) (A) has sufficient alcohol in the actor's body such that a subsequent chemical test
960 shows that the actor has a blood or breath alcohol concentration of .05 grams or greater at the
961 time of the test;
962 (B) is under the influence of alcohol, any drug, or the combined influence of alcohol
963 and any drug to a degree that renders the actor incapable of safely operating a vehicle; or
964 (C) has a blood or breath alcohol concentration of .05 grams or greater at the time of
965 operation; or
966 (b) (i) operates a vehicle in a criminally negligent manner causing death to another; and
967 (ii) has in the actor's body any measurable amount of a controlled substance.
968 (3) Except as provided in Subsection (4), an actor who violates Subsection (2) is guilty
969 of:
970 (a) a second degree felony, punishable by a term of imprisonment of not less than five
971 years nor more than 15 years; and
972 (b) a separate offense for each victim suffering death as a result of the actor's violation
973 of this section, regardless of whether the deaths arise from the same episode of driving.
974 (4) An actor is not guilty of a violation of [
975
976 (a) the controlled substance was obtained under a valid prescription or order, directly
977 from a practitioner while acting in the course of the practitioner's professional practice, or as
978 otherwise authorized by Title 58, Occupations and Professions;
979 (b) the controlled substance is 11-nor-9-carboxy-tetrahydrocannabinol; or
980 (c) the actor possessed, in the actor's body, a controlled substance listed in Section
981 58-37-4.2 if:
982 (i) the actor is the subject of medical research conducted by a holder of a valid license
983 to possess controlled substances under Section 58-37-6; and
984 (ii) the substance was administered to the actor by the medical researcher.
985 (5) (a) A judge imposing a sentence under this section may consider:
986 (i) the sentencing guidelines developed in accordance with Section 63M-7-404;
987 (ii) the defendant's history;
988 (iii) the facts of the case;
989 (iv) aggravating and mitigating factors; or
990 (v) any other relevant fact.
991 (b) The judge may not impose a lesser sentence than would be required for a conviction
992 based on the defendant's history under Section 41-6a-505.
993 (c) The standards for chemical breath analysis as provided by Section 41-6a-515 and
994 the provisions for the admissibility of chemical test results as provided by Section 41-6a-516
995 apply to determination and proof of blood alcohol content under this section.
996 (d) A calculation of blood or breath alcohol concentration under this section shall be
997 made in accordance with Subsection 41-6a-502(3).
998 (e) Except as provided in Subsection (4), the fact that an actor charged with violating
999 this section is or has been legally entitled to use alcohol or a drug is not a defense.
1000 (f) Evidence of a defendant's blood or breath alcohol content or drug content is
1001 admissible except when prohibited by the Utah Rules of Evidence, the United States
1002 Constitution, or the Utah Constitution.
1003 (g) In accordance with Subsection 77-2a-3(8), a guilty or no contest plea to an offense
1004 described in this section may not be held in abeyance.
1005 (6) Imprisonment under this section is mandatory in accordance with Section 76-3-406.
1006 Section 11. Section 78B-9-402 is amended to read:
1007 78B-9-402. Petition for determination of factual innocence -- Sufficient
1008 allegations -- Notification of victim -- Payment to surviving spouse.
1009 (1) A person who has been convicted of a felony offense may petition the district court
1010 in the county in which the person was convicted for a hearing to establish that the person is
1011 factually innocent of the crime or crimes of which the person was convicted.
1012 (2) (a) The petition shall contain an assertion of factual innocence under oath by the
1013 petitioner and shall aver, with supporting affidavits or other credible documents, that:
1014 (i) newly discovered material evidence exists that, if credible, establishes that the
1015 petitioner is factually innocent;
1016 (ii) the specific evidence identified by the petitioner in the petition establishes
1017 innocence;
1018 (iii) the material evidence is not merely cumulative of evidence that was known;
1019 (iv) the material evidence is not merely impeachment evidence; and
1020 (v) viewed with all the other evidence, the newly discovered evidence demonstrates
1021 that the petitioner is factually innocent.
1022 (b) (i) The court shall review the petition in accordance with the procedures in
1023 Subsection (9)(b), and make a finding that the petition has satisfied the requirements of
1024 Subsection (2)(a).
1025 (ii) If the court finds the petition does not meet all the requirements of Subsection
1026 (2)(a), the court shall dismiss the petition without prejudice and send notice of the dismissal to
1027 the petitioner and the attorney general.
1028 (3) (a) The petition shall also contain an averment that:
1029 (i) neither the petitioner nor the petitioner's counsel knew of the evidence at the time of
1030 trial or sentencing or in time to include the evidence in any previously filed post-trial motion or
1031 postconviction motion, and the evidence could not have been discovered by the petitioner or
1032 the petitioner's counsel through the exercise of reasonable diligence; or
1033 (ii) a court has found ineffective assistance of counsel for failing to exercise reasonable
1034 diligence in uncovering the evidence.
1035 (b) (i) Upon entry of a finding that the petition is sufficient under Subsection (2)(a), the
1036 court shall then review the petition to determine if Subsection (3)(a) has been satisfied.
1037 (ii) If the court finds that the requirements of Subsection (3)(a) have not been satisfied,
1038 the court may dismiss the petition without prejudice and give notice to the petitioner and the
1039 attorney general of the dismissal, or the court may waive the requirements of Subsection (3)(a)
1040 if the court finds the petition should proceed to hearing based upon the strength of the petition,
1041 and that there is other evidence that could have been discovered through the exercise of
1042 reasonable diligence by the petitioner or the petitioner's counsel at trial, and the other evidence:
1043 (A) was not discovered by the petitioner or the petitioner's counsel;
1044 (B) is material upon the issue of factual innocence; and
1045 (C) has never been presented to a court.
1046 (4) (a) If the conviction for which the petitioner asserts factual innocence was based
1047 upon a plea of guilty, the petition shall contain the specific nature and content of the evidence
1048 that establishes factual innocence.
1049 (b) The court shall review the evidence and may dismiss the petition at any time in the
1050 course of the proceedings, if the court finds that the evidence of factual innocence relies solely
1051 upon the recantation of testimony or prior statements made by a witness against the petitioner,
1052 and the recantation appears to the court to be equivocal or self serving.
1053 (5) A person who has already obtained postconviction relief that vacated or reversed
1054 the person's conviction or sentence may also file a petition under this part in the same manner
1055 and form as described above, if no retrial or appeal regarding this offense is pending.
1056 (6) If some or all of the evidence alleged to be exonerating is biological evidence
1057 subject to DNA testing, the petitioner shall seek DNA testing in accordance with Section
1058 78B-9-301.
1059 (7) Except as provided in Subsection (9), the petition and all subsequent proceedings
1060 shall be in compliance with and governed by Utah Rules of Civil Procedure, Rule 65C and
1061 shall include the underlying criminal case number.
1062 (8) After a petition is filed under this section, prosecutors, law enforcement officers,
1063 and crime laboratory personnel shall cooperate in preserving evidence and in determining the
1064 sufficiency of the chain of custody of the evidence which is the subject of the petition.
1065 (9) (a) A person who files a petition under this section shall serve notice of the petition
1066 and a copy of the petition upon the office of the prosecutor who obtained the conviction and
1067 upon the Utah attorney general.
1068 (b) (i) The assigned judge shall conduct an initial review of the petition.
1069 (ii) If it is apparent to the court that the petitioner is either merely relitigating facts,
1070 issues, or evidence presented in previous proceedings or presenting issues that appear frivolous
1071 or speculative on their face, the court shall dismiss the petition, state the basis for the dismissal,
1072 and serve notice of dismissal upon the petitioner and the attorney general.
1073 (iii) If, upon completion of the initial review, the court does not dismiss the petition,
1074 the court shall order the attorney general to file a response to the petition.
1075 (iv) The attorney general shall, within 30 days after the day on which the attorney
1076 general receives the court's order, or within any additional period of time the court allows,
1077 answer or otherwise respond to all proceedings initiated under this part.
1078 (c) (i) After the time for response by the attorney general under Subsection (9)(b) has
1079 passed, the court shall order a hearing if the court finds the petition meets the requirements of
1080 Subsections (2) and (3) and finds there is a bona fide and compelling issue of factual innocence
1081 regarding the charges of which the petitioner was convicted.
1082 (ii) No bona fide and compelling issue of factual innocence exists if the petitioner is
1083 merely relitigating facts, issues, or evidence presented in a previous proceeding or if the
1084 petitioner is unable to identify with sufficient specificity the nature and reliability of the newly
1085 discovered evidence that establishes the petitioner's factual innocence.
1086 (d) (i) If the parties stipulate that the evidence establishes that the petitioner is factually
1087 innocent, the court may find the petitioner is factually innocent without holding a hearing.
1088 (ii) If the state will not stipulate that the evidence establishes that the petitioner is
1089 factually innocent, no determination of factual innocence may be made by the court without
1090 first holding a hearing under this part.
1091 (10) The court may not grant a petition for a hearing under this part during the period
1092 in which criminal proceedings in the matter are pending before any trial or appellate court,
1093 unless stipulated to by the parties.
1094 (11) Any victim of a crime that is the subject of a petition under this part, and who has
1095 elected to receive notice under Section 77-38-3, shall be notified by the state's attorney of any
1096 hearing regarding the petition.
1097 (12) (a) A petition to determine factual innocence under this part, or Part 3,
1098 Postconviction Testing of DNA, shall be filed separately from any petition for postconviction
1099 relief under Part 1, General Provisions.
1100 (b) Separate petitions may be filed simultaneously in the same court.
1101 (13) The procedures governing the filing and adjudication of a petition to determine
1102 factual innocence apply to all petitions currently filed or pending in the district court and any
1103 new petitions filed on or after June 1, 2012.
1104 (14) (a) As used in this Subsection (14) and in Subsection (15):
1105 (i) "Married" means the legal marital relationship established between two individuals
1106 and as recognized by the law; and
1107 (ii) "Spouse" means an individual married to the petitioner at the time the petitioner
1108 was found guilty of the offense regarding which a petition is filed and who has since then been
1109 continuously married to the petitioner until the petitioner's death.
1110 (b) A claim for determination of factual innocence under this part is not extinguished
1111 upon the death of the petitioner.
1112 (c) (i) If any payments are already being made to the petitioner under this part at the
1113 time of the death of the petitioner, or if the finding of factual innocence occurs after the death
1114 of the petitioner, the payments due under Section 78B-9-405 shall be paid in accordance with
1115 Section 78B-9-405 to the petitioner's surviving spouse.
1116 (ii) Payments cease upon the death of the spouse.
1117 (15) The spouse under Subsection (14) forfeits all rights to receive any payment under
1118 this part if the spouse is charged with a homicide established by a preponderance of the
1119 evidence that meets the elements of any felony homicide offense in Title 76, Chapter 5,
1120 Offenses Against the Individual, except [
1121 automobile homicide under Section 76-5-207, applying the same principles of culpability and
1122 defenses as in Title 76, Utah Criminal Code, including Title 76, Chapter 2, Principles of
1123 Criminal Responsibility.
1124 Section 12. Section 80-6-712 is amended to read:
1125 80-6-712. Time periods for supervision of probation or placement -- Termination
1126 of continuing jurisdiction.
1127 (1) If the juvenile court places a minor on probation under Section 80-6-702, the
1128 juvenile court shall establish a period of time for supervision for the minor that is:
1129 (a) if the minor is placed on intake probation, no more than three months; or
1130 (b) if the minor is placed on formal probation, from four to six months, but may not
1131 exceed six months.
1132 (2) (a) If the juvenile court commits a minor to the division under Section 80-6-703,
1133 and the minor's case is under the jurisdiction of the court, the juvenile court shall establish:
1134 (i) for a minor placed out of the home, a period of custody from three to six months,
1135 but may not exceed six months; and
1136 (ii) for aftercare services if the minor was placed out of the home, a period of
1137 supervision from three to four months, but may not exceed four months.
1138 (b) A minor may be supervised for aftercare services under Subsection (2)(a)(ii):
1139 (i) in the home of a qualifying relative or guardian;
1140 (ii) at an independent living program contracted or operated by the division; or
1141 (iii) in a family-based setting with approval by the director or the director's designee if
1142 the minor does not qualify for an independent living program due to age, disability, or another
1143 reason or the minor cannot be placed with a qualifying relative or guardian.
1144 (3) If the juvenile court orders a minor to secure care, the authority shall:
1145 (a) have jurisdiction over the minor's case; and
1146 (b) apply the provisions of Part 8, Commitment and Parole.
1147 (4) (a) The juvenile court shall terminate continuing jurisdiction over a minor's case at
1148 the end of the time period described in Subsection (1) for probation or Subsection (2) for
1149 commitment to the division, unless:
1150 (i) termination would interrupt the completion of the treatment program determined to
1151 be necessary by the results of a validated risk and needs assessment under Section 80-6-606;
1152 (ii) the minor commits a new misdemeanor or felony offense;
1153 (iii) the minor has not completed community or compensatory service hours;
1154 (iv) there is an outstanding fine; or
1155 (v) the minor has not paid restitution in full.
1156 (b) The juvenile court shall determine whether a minor has completed a treatment
1157 program under Subsection (4)(a)(i) by considering:
1158 (i) the recommendations of the licensed service provider for the treatment program;
1159 (ii) the minor's record in the treatment program; and
1160 (iii) the minor's completion of the goals of the treatment program.
1161 (5) Subject to Subsections (6) and (7), if one of the circumstances under Subsection (4)
1162 exists the juvenile court may extend supervision for the time needed to address the specific
1163 circumstance.
1164 (6) If the juvenile court extends supervision solely on the ground that the minor has not
1165 yet completed community or compensatory service hours under Subsection (4)(a)(iii), the
1166 juvenile court may only extend supervision:
1167 (a) one time for no more than three months; and
1168 (b) as intake probation.
1169 (7) (a) If the juvenile court extends jurisdiction solely on the ground that the minor has
1170 not paid restitution in full as described in Subsection (4)(a)(v):
1171 (i) the juvenile court may only:
1172 (A) extend jurisdiction up to four times for no more than three months at a time;
1173 (B) consider the efforts of the minor to pay restitution in full when determining
1174 whether to extend jurisdiction under Subsection (7)(a)(i); and
1175 (C) make orders concerning the payment of restitution during the period for which
1176 jurisdiction is extended;
1177 (ii) the juvenile court shall terminate any intake probation or formal probation of the
1178 minor; and
1179 (iii) a designated staff member of the juvenile court shall submit a report to the juvenile
1180 court every three months regarding the minor's efforts to pay restitution.
1181 (b) If the juvenile court finds that a minor is not making an effort to pay restitution, the
1182 juvenile court shall:
1183 (i) terminate jurisdiction over the minor's case; and
1184 (ii) record the amount of unpaid restitution as a civil judgment in accordance with
1185 Subsection 80-6-709(8).
1186 (8) If the juvenile court extends supervision or jurisdiction under this section, the
1187 grounds for the extension and the length of any extension shall be recorded in the court records
1188 and tracked in the data system used by the Administrative Office of the Courts and the division.
1189 (9) If a minor leaves supervision without authorization for more than 24 hours, the
1190 supervision period for the minor shall toll until the minor returns.
1191 (10) This section does not apply to any minor adjudicated under this chapter for:
1192 (a) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
1193 (b) Section 76-5-202, aggravated murder or attempted aggravated murder;
1194 (c) Section 76-5-203, murder or attempted murder;
1195 (d) Section 76-5-205, manslaughter;
1196 (e) Section 76-5-206, negligent homicide;
1197 (f) Section 76-5-207, [
1198 homicide;
1199 (g) Section 76-5-207.5, automobile homicide involving using a wireless
1200 communication device while operating a motor vehicle;
1201 (h) Section 76-5-208, child abuse homicide;
1202 (i) Section 76-5-209, homicide by assault;
1203 (j) Section 76-5-302, aggravated kidnapping;
1204 (k) Section 76-5-405, aggravated sexual assault;
1205 (l) a felony violation of Section 76-6-103, aggravated arson;
1206 (m) Section 76-6-203, aggravated burglary;
1207 (n) Section 76-6-302, aggravated robbery;
1208 (o) Section 76-10-508.1, felony discharge of a firearm;
1209 (p) (i) an offense other than an offense listed in Subsections (10)(a) through (o)
1210 involving the use of a dangerous weapon, as defined in Section 76-1-101.5, that is a felony; and
1211 (ii) the minor has been previously adjudicated or convicted of an offense involving the
1212 use of a dangerous weapon; or
1213 (q) a felony offense other than an offense listed in Subsections (10)(a) through (p) and
1214 the minor has been previously committed to the division for secure care.
1215 Section 13. Section 80-6-804 is amended to read:
1216 80-6-804. Review and termination of secure care.
1217 (1) If a juvenile offender is ordered to secure care under Section 80-6-705, the juvenile
1218 offender shall appear before the authority within 45 days after the day on which the juvenile
1219 offender is ordered to secure care for review of a treatment plan and to establish parole release
1220 guidelines.
1221 (2) (a) Except as provided in Subsections (2)(b) and (2)(h), if a juvenile offender is
1222 ordered to secure care under Section 80-6-705, the authority shall set a presumptive term of
1223 secure care for the juvenile offender from three to six months, but the presumptive term may
1224 not exceed six months.
1225 (b) If a juvenile offender is ordered to secure care for a misdemeanor offense, the
1226 authority may immediately release the juvenile offender on parole if there is a treatment
1227 program available for the juvenile offender in a community-based setting.
1228 (c) Except as provided in Subsection (2)(h), the authority shall release the juvenile
1229 offender on parole at the end of the presumptive term of secure care unless:
1230 (i) termination would interrupt the completion of a treatment program determined to be
1231 necessary by the results of a validated risk and needs assessment under Section 80-6-606; or
1232 (ii) the juvenile offender commits a new misdemeanor or felony offense.
1233 (d) The authority shall determine whether a juvenile offender has completed a
1234 treatment program under Subsection (2)(c)(i) by considering:
1235 (i) the recommendations of the licensed service provider for the treatment program;
1236 (ii) the juvenile offender's record in the treatment program; and
1237 (iii) the juvenile offender's completion of the goals of the treatment program.
1238 (e) Except as provided in Subsection (2)(h), the authority may extend the length of
1239 secure care and delay parole release for the time needed to address the specific circumstance if
1240 one of the circumstances under Subsection (2)(c) exists.
1241 (f) The authority shall:
1242 (i) record the length of the extension and the grounds for the extension; and
1243 (ii) report annually the length and grounds of extension to the commission.
1244 (g) Records under Subsection (2)(f) shall be tracked in the data system used by the
1245 juvenile court and the division.
1246 (h) If a juvenile offender is ordered to secure care for a misdemeanor offense, the
1247 authority may not:
1248 (i) set a juvenile offender's presumptive term of secure care under Subsection (2)(a)
1249 that would result in a term of secure care that exceeds a term of incarceration for an adult under
1250 Section 76-3-204 for the same misdemeanor offense; or
1251 (ii) extend the juvenile offender's term of secure care under Subsections (2)(c) and (e)
1252 if the extension would result in a term of secure care that exceeds the term of incarceration for
1253 an adult under Section 76-3-204 for the same misdemeanor offense.
1254 (3) (a) If a juvenile offender is ordered to secure care, the authority shall set a
1255 presumptive term of parole supervision, including aftercare services, from three to four months,
1256 but the presumptive term may not exceed four months.
1257 (b) If the authority determines that a juvenile offender is unable to return home
1258 immediately upon release, the juvenile offender may serve the term of parole:
1259 (i) in the home of a qualifying relative or guardian;
1260 (ii) at an independent living program contracted or operated by the division; or
1261 (iii) in a family-based setting with approval by the director or the director's designee if
1262 the minor does not qualify for an independent living program due to age, disability, or another
1263 reason or the minor cannot be placed with a qualifying relative or guardian.
1264 (c) The authority shall release a juvenile offender from parole and terminate the
1265 authority's jurisdiction at the end of the presumptive term of parole, unless:
1266 (i) termination would interrupt the completion of a treatment program that is
1267 determined to be necessary by the results of a validated risk and needs assessment under
1268 Section 80-6-606;
1269 (ii) the juvenile offender commits a new misdemeanor or felony offense; or
1270 (iii) restitution has not been completed.
1271 (d) The authority shall determine whether a juvenile offender has completed a
1272 treatment program under Subsection (3)(c)(i) by considering:
1273 (i) the recommendations of the licensed service provider;
1274 (ii) the juvenile offender's record in the treatment program; and
1275 (iii) the juvenile offender's completion of the goals of the treatment program.
1276 (e) If one of the circumstances under Subsection (3)(c) exists, the authority may delay
1277 parole release only for the time needed to address the specific circumstance.
1278 (f) The authority shall:
1279 (i) record the grounds for extension of the presumptive length of parole and the length
1280 of the extension; and
1281 (ii) report annually the extension and the length of the extension to the commission.
1282 (g) Records under Subsection (3)(f) shall be tracked in the data system used by the
1283 juvenile court and the division.
1284 (h) If a juvenile offender leaves parole supervision without authorization for more than
1285 24 hours, the term of parole shall toll until the juvenile offender returns.
1286 (4) Subsections (2) and (3) do not apply to a juvenile offender ordered to secure care
1287 for:
1288 (a) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
1289 (b) Section 76-5-202, aggravated murder or attempted aggravated murder;
1290 (c) Section 76-5-203, murder or attempted murder;
1291 (d) Section 76-5-205, manslaughter;
1292 (e) Section 76-5-206, negligent homicide;
1293 (f) Section 76-5-207, [
1294 homicide;
1295 (g) Section 76-5-207.5, automobile homicide involving using a wireless
1296 communication device while operating a motor vehicle;
1297 (h) Section 76-5-208, child abuse homicide;
1298 (i) Section 76-5-209, homicide by assault;
1299 (j) Section 76-5-302, aggravated kidnapping;
1300 (k) Section 76-5-405, aggravated sexual assault;
1301 (l) a felony violation of Section 76-6-103, aggravated arson;
1302 (m) Section 76-6-203, aggravated burglary;
1303 (n) Section 76-6-302, aggravated robbery;
1304 (o) Section 76-10-508.1, felony discharge of a firearm;
1305 (p) (i) an offense other than an offense listed in Subsections (4)(a) through (o)
1306 involving the use of a dangerous weapon, as defined in Section 76-1-101.5, that is a felony; and
1307 (ii) the juvenile offender has been previously adjudicated or convicted of an offense
1308 involving the use of a dangerous weapon, as defined in Section 76-1-101.5; or
1309 (q) an offense other than an offense listed in Subsections (4)(a) through (p) and the
1310 juvenile offender has been previously ordered to secure care.
1311 Section 14. Effective date.
1312 This bill takes effect on May 1, 2024.
1313 Section 15. Coordinating H.B. 273 with H.B. 181.
1314 If H.B. 273, Sentencing Modifications for Certain DUI Offenses, and H.B. 181,
1315 Criminal Offenses Amendments, both pass and become law, the Legislature intends that, on
1316 May 3, 2024, Section 76-3-406 be repealed and reenacted to read:
1317 "76-3-406. Crimes for which probation, suspension of sentence, lower category of
1318 offense, or hospitalization may not be granted.
1319 (1) As used in this section, "attempted child rape offense" means an attempt to commit
1320 a felony that is:
1321 (a) rape of a child as described in Section 76-5-402.1;
1322 (b) object rape of a child as described in Section 76-5-402.3; or
1323 (c) sodomy on a child as described in Section 76-5-403.1.
1324 (2) Except as provided in Subsection (3), a court may not grant probation, suspend the
1325 execution or imposition of a sentence, enter a judgment for a lower category of offense, or
1326 order hospitalization, if the effect of which would in any way shorten the prison sentence for an
1327 actor who commits:
1328 (a) a capitol felony or a first degree felony, or attempts to commit a felony, that is:
1329 (i) aggravated murder as described in Section 76-5-202;
1330 (ii) murder as described in Section 76-5-203;
1331 (iii) child kidnapping as described in Section 76-5-301.1;
1332 (iv) aggravated kidnapping as described in Subsection 76-5-302(3)(b);
1333 (v) rape as described in Subsection 76-5-402(3)(b), (3)(c), or (4);
1334 (vi) rape of a child as described in Section 76-5-402.1;
1335 (vii) object rape as described in Subsection 76-5-402.2(3)(b), (3)(c), or (4);
1336 (viii) object rape of a child as described in Section 76-5-402.3;
1337 (ix) forcible sodomy as described in Subsection 76-5-403(3)(b), (3)(c), or (4);
1338 (x) sodomy on a child as described in Section 76-5-403.1;
1339 (xi) forcible sexual abuse as described in Subsection 76-5-404(3)(b)(i) or (ii);
1340 (xii) aggravated sexual abuse of a child as described in Section 76-5-404.3; or
1341 (xiii) aggravated sexual assault as described in Section 76-5-405; or
1342 (b) a second degree felony offense of automobile homicide, as described in Section
1343 76-5-207.
1344 (3) Except for an attempted child rape offense, a court may suspend the execution or
1345 imposition of a prison sentence for an actor that is convicted of an attempt to commit a felony
1346 described in Subsection (2) if the court:
1347 (a) makes a finding on the record that:
1348 (i) details why it is in the interests of justice not to execute or impose the prison
1349 sentence; and
1350 (ii) the individual does not pose a significant safety risk to:
1351 (A) the victim of the attempted crime; or
1352 (B) the general public; and
1353 (b) orders the individual to complete the terms and conditions of probation that is
1354 supervised by the Department of Corrections.
1355 (4) Except for an offense before the district court in accordance with Section 80-6-502
1356 or 80-6-504, the provisions of this section do not apply if the sentencing court finds that the
1357 defendant:
1358 (a) was under 18 years old at the time of the offense; and
1359 (b) could have been adjudicated in the juvenile court but for the delayed reporting or
1360 delayed filing of the information.
1361 (5) Except as provided in Subsection 77-16a-103(6) or (7), a court may not grant
1362 probation, suspend the execution or imposition of a sentence, enter a judgment for a lower
1363 category of offense, or order hospitalization under Section 76-3-201 or 77-18-105 or Title 77,
1364 Chapter 16a, Commitment and Treatment of Individuals with a Mental Condition, if the court
1365 is prohibited by this section."