1     
DUI OFFENSE AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Steve Eliason

5     
Senate Sponsor: Curtis S. Bramble

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to driving under the influence, including penalties,
10     mandatory sentencing, and pretrial detention.
11     Highlighted Provisions:
12          This bill:
13          ▸     provides that an actor is guilty of a class A misdemeanor when the actor commits
14     driving under the influence while also operating a vehicle in the opposite direction
15     of traffic on a one-way highway with more than one lane of traffic;
16          ▸     reduces the blood alcohol concentration allowed for an individual to plea down to
17     impaired driving;
18          ▸     provides mandatory minimum sentences for certain individuals with prior
19     convictions for driving under the influence who violate ignition interlock
20     requirements;
21          ▸     clarifies that an ignition interlock restriction period begins on the date of installation
22     of the ignition interlock system;
23          ▸     clarifies that the prohibition on operating a motor vehicle without an ignition
24     interlock system installed on the vehicle begins on the date of conviction, not the
25     date of installation of the ignition interlock system;
26          ▸     amends penalties for subsequent offenses related to refusal of a chemical test or
27     negligent operation of a vehicle that results in injury;

28          ▸     amends sentencing requirements for certain offenses of negligent operation of a
29     vehicle that results in injury when there is evidence that the individual was also
30     driving under the influence;
31          ▸     amends sentencing requirements for an offense of negligent operation of a vehicle
32     that results in death;
33          ▸     amends provisions related to pretrial detention of an individual arrested for driving
34     under the influence with another case pending or while on probation for a previous
35     offense of driving under the influence;
36          ▸     requires pretrial detention or electronic monitoring for an individual that is arrested
37     for driving under the influence while already on probation for or while another case
38     is pending for driving under the influence; and
39          ▸     makes technical changes.
40     Money Appropriated in this Bill:
41          None
42     Other Special Clauses:
43          None
44     Utah Code Sections Affected:
45     AMENDS:
46          41-6a-502, as last amended by Laws of Utah 2023, Chapter 415
47          41-6a-502.5, as last amended by Laws of Utah 2023, Chapter 328
48          41-6a-518.2, as last amended by Laws of Utah 2023, Chapters 384, 415
49          41-6a-520.1, as enacted by Laws of Utah 2023, Chapter 415
50          53-3-1007, as last amended by Laws of Utah 2023, Chapter 384
51          76-5-102.1, as last amended by Laws of Utah 2023, Chapters 111, 415
52          76-5-207, as last amended by Laws of Utah 2023, Chapter 415
53          77-20-201, as last amended by Laws of Utah 2023, Chapter 408
54          77-40a-303, as last amended by Laws of Utah 2023, Chapter 265
55     ENACTS:
56          76-5-102.10, Utah Code Annotated 1953
57     

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

59          Section 1. Section 41-6a-502 is amended to read:
60          41-6a-502. Driving under the influence of alcohol, drugs, or a combination of
61     both or with specified or unsafe blood alcohol concentration -- Penalities -- Reporting of
62     convictions.
63          (1) An actor commits driving under the influence if the actor operates or is in actual
64     physical control of a vehicle within this state if the actor:
65          (a) has sufficient alcohol in the actor's body that a subsequent chemical test shows that
66     the actor has a blood or breath alcohol concentration of .05 grams or greater at the time of the
67     test;
68          (b) is under the influence of alcohol, any drug, or the combined influence of alcohol
69     and any drug to a degree that renders the actor incapable of safely operating a vehicle; or
70          (c) has a blood or breath alcohol concentration of .05 grams or greater at the time of
71     operation or actual physical control.
72          (2) (a) A violation of Subsection (1) is a class B misdemeanor.
73          (b) Notwithstanding Subsection (2)(a), a violation of Subsection (1) is a class A
74     misdemeanor if the actor:
75          (i) has a passenger younger than 16 years old in the vehicle at the time of the offense;
76          (ii) is 21 years old or older and has a passenger younger than 18 years old in the vehicle
77     at the time of the offense;
78          (iii) [the actor] at the time of the offense, also violated:
79          (A) Section 41-6a-712 or 41-6a-714 [at the time of the offense]; or
80          (B) Section 41-6a-709, if the violation occurs on a one-way highway, other than a
81     roundabout, that has more than one lane of traffic; or
82          (iv) has one prior conviction within 10 years of:
83          (A) the current conviction under Subsection (1); or
84          (B) the commission of the offense upon which the current conviction is based.
85          (c) Notwithstanding Subsection (2)(a), a violation of Subsection (1) is a third degree
86     felony if:
87          (i) the actor has two or more prior convictions each of which is within 10 years of:
88          (A) the current conviction; or
89          (B) the commission of the offense upon which the current conviction is based; or

90          (ii) the current conviction is at any time after:
91          (A) a felony conviction; or
92          (B) any conviction described in Subsection (2)(c)(ii)(A) for which judgment of
93     conviction is reduced under Section 76-3-402.
94          [(ii) the current conviction is at any time after a conviction of:]
95          [(A) a violation of Section 76-5-207;]
96          [(B) a felony violation of this section, Section 76-5-102.1, 41-6a-520.1, or a statute
97     previously in effect in this state that would constitute a violation of this section; or]
98          [(C) any conviction described in Subsection (2)(c)(ii)(A) or (B) which judgment of
99     conviction is reduced under Section 76-3-402.]
100          (3) Alcohol concentration in the blood shall be based upon grams of alcohol per 100
101     milliliters of blood, and alcohol concentration in the breath shall be based upon grams of
102     alcohol per 210 liters of breath.
103          (4) A violation of this section includes a violation under a local ordinance similar to
104     this section adopted in compliance with Section 41-6a-510.
105          (5) A court shall, monthly, send to the Division of Professional Licensing, created in
106     Section 58-1-103, a report containing the name, case number, and, if known, the date of birth
107     of each person convicted during the preceding month of a violation of this section for whom
108     there is evidence that the person was driving under the influence, in whole or in part, of a
109     prescribed controlled substance.
110          (6) An offense described in this section is a strict liability offense.
111          (7) A guilty or no contest plea to an offense described in this section may not be held in
112     abeyance.
113          (8) An actor is guilty of a separate offense under Subsection (1) for each passenger in
114     the vehicle that is younger than 16 years old at the time of the offense.
115          Section 2. Section 41-6a-502.5 is amended to read:
116          41-6a-502.5. Impaired driving -- Penalty -- Reporting of convictions -- Sentencing
117     requirements.
118          (1) With the agreement of the prosecutor, a plea to a class B misdemeanor violation of
119     Section 41-6a-502 committed on or after July 1, 2008, may be entered as a conviction of
120     impaired driving under this section if:

121          (a) the defendant completes court ordered probation requirements; or
122          (b) (i) the prosecutor agrees as part of a negotiated plea; and
123          (ii) the court finds the plea to be in the interest of justice.
124          (2) A conviction entered under this section is a class B misdemeanor.
125          (3) (a) (i) If the entry of an impaired driving plea is based on successful completion of
126     probation under Subsection (1)(a), the court shall enter the conviction at the time of the plea.
127          (ii) If the defendant fails to appear before the court and establish successful completion
128     of the court ordered probation requirements under Subsection (1)(a), the court shall enter an
129     amended conviction of Section 41-6a-502.
130          (iii) The date of entry of the amended order under Subsection (3)(a)(ii) is the date of
131     conviction.
132          (b) The court may enter a conviction of impaired driving immediately under
133     Subsection (1)(b).
134          (4) For purposes of Section 76-3-402, the entry of a plea to a class B misdemeanor
135     violation of Section 41-6a-502 as impaired driving under this section is a reduction of one
136     degree.
137          (5) (a) The court shall notify the Driver License Division of each conviction entered
138     under this section.
139          (b) Beginning on July 1, 2012, a court shall, monthly, send to the Division of
140     Professional Licensing, created in Section 58-1-103, a report containing the name, case
141     number, and, if known, the date of birth of each person convicted during the preceding month
142     of a violation of this section for whom there is evidence that the person was driving while
143     impaired, in whole or in part, by a prescribed controlled substance.
144          (6) (a) The provisions in Subsections 41-6a-505(1), (3), (5), and (7) that require a
145     sentencing court to order a convicted person to participate in a screening, an assessment, or an
146     educational series, or obtain substance abuse treatment or do a combination of those things,
147     apply to a conviction entered under this section.
148          (b) The court shall render the same order regarding screening, assessment, an
149     educational series, or substance abuse treatment in connection with a first, second, or
150     subsequent conviction under this section as the court would render in connection with applying
151     respectively, the first, second, or subsequent conviction requirements of Subsections

152     41-6a-505(1), (3), (5), and (7).
153          (7) (a) Except as provided in Subsection (7)(b), a report authorized by Section
154     53-3-104 may not contain any evidence of a conviction for impaired driving in this state if the
155     reporting court notifies the Driver License Division that the defendant is participating in or has
156     successfully completed the program of a driving under the influence court.
157          (b) The provisions of Subsection (7)(a) do not apply to a report concerning:
158          (i) a CDL license holder; or
159          (ii) a violation that occurred in a commercial motor vehicle.
160          (8) The provisions of this section are not available:
161          (a) to a person who has a prior conviction as that term is defined in Subsection
162     41-6a-501(2); or
163          (b) where there is admissible evidence that the individual:
164          (i) had a blood or breath alcohol level of [.16].11 or higher;
165          (ii) had a blood or breath alcohol level of .05 or higher in addition to any measurable
166     controlled substance; or
167          (iii) had a combination of two or more controlled substances in the person's body that
168     were not:
169          (A) prescribed by a licensed physician; or
170          (B) recommended in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid
171     Research and Medical Cannabis.
172          Section 3. Section 41-6a-518.2 is amended to read:
173          41-6a-518.2. Interlock restricted driver -- Penalties for operation without ignition
174     interlock system -- Exemptions.
175          (1) As used in this section:
176          (a) "Ignition interlock system" means a constant monitoring device or any similar
177     device that:
178          (i) is in working order at the time of operation or actual physical control; and
179          (ii) is certified by the Commissioner of Public Safety in accordance with Subsection
180     41-6a-518(8).
181          (b) (i) "Interlock restricted driver" means a person who:
182          (A) has been ordered by a court or the Board of Pardons and Parole as a condition of

183     probation or parole not to operate a motor vehicle without an ignition interlock system;
184          (B) [within the last 18 months] has been convicted of a violation under Section
185     41-6a-502, Subsection 41-6a-520.1(1), or Section 76-5-102.1;
186          (C) (I) [within the last three years] has been convicted of an offense which would be a
187     conviction as defined under Section 41-6a-501; and
188          (II) the offense described under Subsection (1)(b)(i)(C)(I) is committed within 10 years
189     from the date that one or more prior offenses was committed if the prior offense resulted in a
190     conviction as defined in Section 41-6a-501;
191          (D) [within the last three years] has been convicted of a violation of this section;
192          [(E) within the last three years has had the person's driving privilege revoked through
193     an administrative action for refusal to submit to a chemical test under Section 41-6a-520;]
194          [(F)] (E) [within the last three years] has been convicted of a violation of Section
195     41-6a-502, Subsection 41-6a-520.1(1), or Section 76-5-102.1 and was under 21 years old at the
196     time the offense was committed;
197          [(G)] (F) [within the last six years] has been convicted of a felony violation of Section
198     41-6a-502, Subsection 41-6a-520.1(1), or Section 76-5-102.1 [for an offense that occurred after
199     May 1, 2006; or];
200          [(H)] (G) [within the last 10 years] has been convicted of a violation of Section
201     76-5-207 [for an offense that occurred after May 1, 2006.]; or
202          (H) has had the persons driving privilege revoked through an administrative action for
203     refusal to submit to a chemical test under Section 41-6a-520.
204          (ii) "Interlock restricted driver" does not include a person:
205          (A) whose conviction described in Subsection (1)(b)(i)(C)(I) is a conviction under
206     Section 41-6a-502 that does not involve alcohol or a conviction under Section 41-6a-517 and
207     whose prior convictions described in Subsection (1)(b)(i)(C)(II) are all convictions under
208     Section 41-6a-502 that did not involve alcohol or convictions under Section 41-6a-517;
209          (B) whose conviction described in Subsection (1)(b)(i)(B) or (F) is a conviction under
210     Section 41-6a-502 that does not involve alcohol and the convicting court notifies the Driver
211     License Division at the time of sentencing that the conviction does not involve alcohol; or
212          (C) whose conviction described in Subsection (1)(b)(i)(B), (C), or (F) is a conviction
213     under Section 41-6a-502 that does not involve alcohol and the ignition interlock restriction is

214     removed as described in Subsection [(7)] (8).
215          (2) (a) An ignition interlock restriction period begins on the:
216          (i) date of conviction for a violation described in Subsection (1)(b)(A) through (G); or
217          (ii) effective date of the revocation described in Subsection (1)(b)(H).
218          (b) The ignition interlock restriction period ends:
219          (i) 18 months from the day the ignition interlock restricted driver provides proof of
220     installation of the ignition interlock system for a violation described in Subsection (1)(b)(B);
221          (ii) three years from the date the ignition interlock restricted driver provides proof of
222     installation of the ignition interlock system for a violation described in Subsections (1)(b)(C)
223     through (E) and Subsection (1)(b)(H);
224          (iii) six years from the date the ignition interlock restricted driver provides proof of
225     installation of the ignition interlock system for a violation described in Subsection (1)(b)(F);
226     and
227          (iv) 10 years from the date the ignition interlock restricted driver provides proof of
228     installation of the ignition interlock system for a violation described in Subsection (1)(b)(G).
229          (c) If the ignition interlock restricted driver removes the ignition interlock system
230     before the restriction period under Subsection (2)(b) has ended, the ignition interlock
231     restriction period is extended by the number of days the ignition interlock system was removed
232     from the persons vehicle.
233          [(2)] (3) The division shall post the ignition interlock restriction on a person's
234     electronic record that is available to law enforcement.
235          [(3)] (4) For purposes of this section, a plea of guilty or no contest to a violation of
236     Section 41-6a-502 which plea was held in abeyance under Title 77, Chapter 2a, Pleas in
237     Abeyance, prior to July 1, 2008, is the equivalent of a conviction, even if the charge has been
238     subsequently reduced or dismissed in accordance with the plea in abeyance agreement.
239          [(4)] (5) An interlock restricted driver who operates or is in actual physical control of a
240     vehicle in the state without an ignition interlock system is guilty of a class B misdemeanor.
241          [(5)] (6) It is an affirmative defense to a charge of a violation of Subsection [(4)] (5) if:
242          (a) the interlock restricted driver operated or was in actual physical control of a vehicle
243     owned by the interlock restricted driver's employer;
244          (b) the interlock restricted driver had given written notice to the employer of the

245     interlock restricted driver's interlock restricted status prior to the operation or actual physical
246     control under Subsection [(5)(a)] (6)(a);
247          (c) the interlock restricted driver had on the interlock restricted driver's person, or in
248     the vehicle, at the time of operation or physical control employer verification, as defined in
249     Subsection 41-6a-518(1); and
250          (d) the operation or actual physical control described in Subsection [(5)(a)] (6)(a) was
251     in the scope of the interlock restricted driver's employment.
252          [(6)] (7) The affirmative defense described in Subsection [(5)] (6) does not apply to:
253          (a) an employer-owned motor vehicle that is made available to an interlock restricted
254     driver for personal use; or
255          (b) a motor vehicle owned by a business entity that is entirely or partly owned or
256     controlled by the interlock restricted driver.
257          [(7)] (8) (a) An individual with an ignition interlock restriction may petition the
258     division for removal of the restriction if the individual's offense did not involve alcohol.
259          (b) If the division is able to establish that an individual's offense did not involve
260     alcohol, the division may remove the ignition interlock restriction.
261          [(8)] (9) (a) (i) An individual with an ignition interlock restriction may petition the
262     division for removal of the restriction if the individual has a medical condition that prohibits
263     the individual from providing a deep lung breath sample.
264          (ii) In support of a petition under Subsection [(8)(a)(i)] (9)(a)(i), the individual shall
265     provide documentation from a physician that describes the individual's medical condition and
266     whether the individual's medical condition would prohibit the individual from being able to
267     provide a deep breath lung sample.
268          (b) If the division is able to establish that an individual is unable to provide a deep
269     breath lung sample as a result of a medical condition, the division may remove the ignition
270     interlock restriction.
271          (10) (a) As part of any sentence that would be a first conviction of this section, the
272     court shall impose a jail sentence of not less than two days.
273          (b) If an individual has a prior conviction under this section that is within 10 years of
274     the current conviction, the court shall impose as part of any sentence a jail sentence of:
275          (i) not less than 10 days; or

276          (ii) not less than five days, in addition to home confinement of not fewer than 30
277     consecutive days through the use of electronic monitoring that includes a substance abuse
278     testing instrument in accordance with Section 41-6a-506.
279          (c) If an individual has two or more prior convictions of this section that are within 10
280     years of the current conviction, the court shall impose as part of any sentence a jail sentence of
281     not less than 30 days, in addition to home confinement of not fewer than 60 consecutive days
282     through the use of electronic monitoring that includes a substance abuse testing instrument in
283     accordance with Section 41-6a-506.
284          Section 4. Section 41-6a-520.1 is amended to read:
285          41-6a-520.1. Refusing a chemical test.
286          (1) An actor commits refusing a chemical test if:
287          (a) a peace officer issues the warning required in Subsection 41-6a-520(2)(a);
288          (b) a court issues a warrant to draw and test the blood; and
289          (c) after Subsections (1)(a) and (b), the actor refuses to submit to a test of the actor's
290     blood.
291          (2) (a) A violation of Subsection (1) is a class B misdemeanor.
292          (b) Notwithstanding Subsection (2)(a), a violation of Subsection (1) is a class A
293     misdemeanor if the actor:
294          (i) has a passenger younger than 16 years old in the vehicle at the time the officer had
295     grounds to believe the actor was driving under the influence;
296          (ii) is 21 years old or older and has a passenger younger than 18 years old in the vehicle
297     at the time the officer had grounds to believe the actor was driving under the influence;
298          (iii) also violated Section 41-6a-712 or 41-6a-714 at the time of the offense; or
299          (iv) has one prior conviction within 10 years of:
300          (A) the current conviction under Subsection (1); or
301          (B) the commission of the offense upon which the current conviction is based.
302          (c) Notwithstanding Subsection (2)(a), a violation of Subsection (1) is a third degree
303     felony if:
304          (i) the actor has two or more prior convictions, each of which is within 10 years of:
305          (A) the current conviction; or
306          (B) the commission of the offense upon which the current conviction is based; or

307          (ii) the current conviction is at any time after:
308          (A) a felony conviction; or
309          (B) any conviction described in Subsection (2)(c)(ii)(A) for which judgment of
310     conviction is reduced under Section 76-3-402.
311          [(ii) the current conviction is at any time after a conviction of:]
312          [(A) a violation of Section 76-5-207;]
313          [(B) a felony violation of this section, Section 76-5-102.1, 41-6a-502, or a statute
314     previously in effect in this state that would constitute a violation of this section; or]
315          [(C) any conviction described in Subsection (2)(c)(ii)(A) or (B) which judgment of
316     conviction is reduced under Section 76-3-402.]
317          (3) As part of any sentence for a conviction of violating this section, the court shall
318     impose the same sentencing as outlined for driving under the influence violations in Section
319     41-6a-505, based on whether this is a first, second, or subsequent conviction, with the
320     following modifications:
321          (a) any jail sentence shall be 24 consecutive hours more than is required under Section
322     41-6a-505;
323          (b) any fine imposed shall be $100 more than is required under Section 41-6a-505; and
324          (c) the court shall order one or more of the following:
325          (i) the installation of an ignition interlock system as a condition of probation for the
326     individual, in accordance with Section 41-6a-518;
327          (ii) the imposition of an ankle attached continuous transdermal alcohol monitoring
328     device as a condition of probation for the individual; or
329          (iii) the imposition of home confinement through the use of electronic monitoring, in
330     accordance with Section 41-6a-506.
331          (4) (a) The offense of refusing a chemical test under this section does not merge with
332     any violation of Section 32B-4-409, 41-6a-502, 41-6a-517, or 41-6a-530.
333          (b) In accordance with Subsection 77-2a-3(8), a guilty or no contest plea to an offense
334     of refusal to submit to a chemical test under this section may not be held in abeyance.
335          (5) An actor is guilty of a separate offense under Subsection (1) for each passenger in
336     the vehicle that is younger than 16 years old at the time the officer had grounds to believe the
337     actor was driving under the influence.

338          Section 5. Section 53-3-1007 is amended to read:
339          53-3-1007. Ignition interlock system provider -- Notification to the division upon
340     installation or removal of an ignition interlock system -- Monitoring and reporting
341     requirements -- Penalties.
342          (1) An ignition interlock system provider who installs an ignition interlock system on
343     an individual's vehicle shall:
344          (a) provide proof of installation to the individual; and
345          (b) electronically notify the division of installation of an ignition interlock system on
346     the individual's vehicle.
347          (2) An ignition interlock system provider shall electronically notify the division if an
348     individual has:
349          (a) removed an ignition interlock system from the individual's vehicle;
350          (b) attempted to start the motor vehicle with a measurable breath alcohol concentration,
351     and the attempt to start the motor vehicle was prevented by the ignition interlock system,
352     including the date and time of each attempt; or
353          (c) failed to report to the ignition interlock provider for the purpose of monitoring the
354     device every 60 days, or more frequently if ordered by the court as described in Subsection
355     41-6a-518(5)(a).
356          (3) If an individual is an interlock restricted driver and the individual removes an
357     ignition interlock system as described in Subsection (2)(a), the division shall:
358          (a) suspend the individual's driving privilege for the duration of the restriction period
359     as defined in Section 41-6a-518.2; and
360          (b) notify the individual of the suspension period in place and the requirements for
361     reinstatement of the driving privilege with respect to the ignition interlock restriction
362     suspension.
363          (4) The division shall clear a suspension described in Subsection (3) upon:
364          (a) receipt of payment of the fee or fees required under Section 53-3-105; and
365          (b) (i) receipt of electronic notification from an ignition interlock system provider
366     showing proof of the installation of an ignition interlock system on the individual's vehicle or
367     the vehicle the individual will be operating;
368          (ii) if the individual does not own a vehicle or will not be operating a vehicle owned by

369     another individual:
370          (A) electronic verification that the individual does not have a vehicle registered in the
371     individual's name in the state; and
372          (B) receipt of employer verification, as defined in Subsection 41-6a-518(1); or
373          (iii) if the individual is not a resident of Utah, electronic verification that the individual
374     is licensed in the individual's state of residence or is in the process of obtaining a license in the
375     individual's state of residence.
376          (5) If Subsection (4)(b)(ii) applies, the division shall every six months:
377          (a) electronically verify the individual does not have a vehicle registered in the
378     individual's name in the state; and
379          (b) require the individual to provide updated documentation described in Subsection
380     (4)(b)(ii).
381          (6) If the individual described in Subsection (5) does not provide the required
382     documentation described in Subsection (4)(b)(ii), the division shall suspend the individual's
383     driving privilege until:
384          (a) the division receives payment of the fee or fees required under Section 53-3-105;
385     and
386          (b) (i) the division:
387          (A) receives electronic notification from an ignition interlock system provider showing
388     proof of the installation of an ignition interlock system on the individual's vehicle or the
389     vehicle the individual will be operating; or
390          (B) if the individual does not own a vehicle or will not be operating a vehicle owned by
391     another individual, receives electronic verification that the individual does not have a vehicle
392     registered in the individual's name in the state, and receives employer verification, as defined in
393     Subsection 41-6a-518(1); or
394          (ii) if the individual is not a resident of Utah, electronic verification that the individual
395     is licensed in the individual's state of residence or is in the process of obtaining a license in the
396     individual's state of residence.
397          (7) By following the procedures in Title 63G, Chapter 4, Administrative Procedures
398     Act, the division shall suspend the license of any individual without receiving a record of the
399     individual's conviction of crime seven days after receiving electronic notification from an

400     ignition interlock system provider that an individual has removed an ignition interlock system
401     from the individual's vehicle or a vehicle owned by another individual and operated by the
402     individual if the individual is an interlock restricted driver until:
403          (a) the division receives payment of the fee or fees specified in Section 53-3-105; and
404          (b) (i) (A) the division receives electronic notification from an ignition interlock
405     system provider showing new proof of the installation of an ignition interlock system on the
406     individual's vehicle or the vehicle the individual will be operating; or
407          (B) if the individual does not own a vehicle or will not be operating a vehicle owned by
408     another individual, the division receives electronic verification that the individual does not
409     have a vehicle registered in the individual's name in the state, and receives employer
410     verification, as defined in Subsection 41-6a-518(1);
411          (ii) if the individual is not a resident of Utah, the division receives electronic
412     verification that the individual is licensed in the individual's state of residence or is in the
413     process of obtaining a license in the individual's state of residence; or
414          (iii) the individual's interlock restricted period has expired.
415          (8) (a) Upon receipt of a notice described in Subsection (2)(b) or (2)(c), the division
416     shall extend the individual's ignition interlock restriction period by 60 days.
417          (b) The division shall notify the individual of the modified ignition interlock restriction
418     period described in Subsection (8)(a).
419          (9) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
420     division shall make rules establishing:
421          (a) procedures for certification and regulation of ignition interlock system providers;
422          (b) acceptable documentation for proof of the installation of an ignition interlock
423     device;
424          (c) procedures for an ignition interlock system provider to electronically notify the
425     division;
426          (d) procedures for an ignition interlock system provider to provide monitoring of an
427     ignition interlock system and reporting the results of monitoring;
428          (e) procedures for the removal of an ignition interlock restriction if the individual is
429     unable to provide a deep lung breath sample as a result of a medical condition and is unable to
430     properly use an ignition interlock system as described in Subsection [41-6a-518.2(8)]

431     41-6a-518.2(9); and
432          (f) policies and procedures for the administration of the ignition interlock system
433     program created under this section.
434          Section 6. Section 76-5-102.1 is amended to read:
435          76-5-102.1. Negligently operating a vehicle resulting in injury.
436          (1) (a) As used in this section:
437          (i) "Controlled substance" means the same as that term is defined in Section 58-37-2.
438          (ii) "Drug" means the same as that term is defined in Section 76-5-207.
439          (iii) "Negligent" or "negligence" means the same as that term is defined in Section
440     76-5-207.
441          (iv) "Vehicle" means the same as that term is defined in Section 41-6a-501.
442          (b) Terms defined in Section 76-1-101.5 apply to this section.
443          (2) An actor commits negligently operating a vehicle resulting in injury if the actor:
444          (a) (i) operates a vehicle in a negligent manner causing bodily injury to another; and
445          (ii) (A) has sufficient alcohol in the actor's body such that a subsequent chemical test
446     shows that the actor has a blood or breath alcohol concentration of .05 grams or greater at the
447     time of the test;
448          (B) is under the influence of alcohol, a drug, or the combined influence of alcohol and
449     a drug to a degree that renders the actor incapable of safely operating a vehicle; or
450          (C) has a blood or breath alcohol concentration of .05 grams or greater at the time of
451     operation; or
452          (b) (i) operates a vehicle in a criminally negligent manner causing bodily injury to
453     another; and
454          (ii) has in the actor's body any measurable amount of a controlled substance.
455          (3) Except as provided in Subsection (4), a violation of Subsection (2) is:
456          [(a) (i) a class A misdemeanor; or]
457          [(ii) a third degree felony if the bodily injury is serious bodily injury; and]
458          (a) (i) a class A misdemeanor; or
459          (ii) a third degree felony if the actor has two or more driving under the influence
460     related convictions under Subsection 41-6a-501(2)(a), each of which is within 10 years of:
461          (A) the current conviction; or

462          (B) the commission of the offense upon which the current conviction is based;
463          (iii) a third degree felony, if the current conviction is at any time after the conviction
464     of:
465          (A) a felony conviction; or
466          (B) any conviction described in Subsection (3)(a)(iii)(A) for which judgment of
467     conviction is reduced under Section 76-3-402; or
468          (iv) a third degree felony if the bodily injury is serious bodily injury; and
469          (b) a separate offense for each victim suffering bodily injury as a result of the actor's
470     violation of this section, regardless of whether the injuries arise from the same episode of
471     driving.
472          (4) An actor is not guilty of negligently operating a vehicle resulting in injury under
473     Subsection (2)(b) if:
474          (a) the controlled substance was obtained under a valid prescription or order, directly
475     from a practitioner while acting in the course of the practitioner's professional practice, or as
476     otherwise authorized by Title 58, Occupations and Professions;
477          (b) the controlled substance is 11-nor-9-carboxy-tetrahydrocannabinol; or
478          (c) the actor possessed, in the actor's body, a controlled substance listed in Section
479     58-37-4.2 if:
480          (i) the actor is the subject of medical research conducted by a holder of a valid license
481     to possess controlled substances under Section 58-37-6; and
482          (ii) the substance was administered to the actor by the medical researcher.
483          (5) (a) A judge imposing a sentence under this section may consider:
484          (i) the sentencing guidelines developed in accordance with Section 63M-7-404;
485          (ii) the defendant's history;
486          (iii) the facts of the case;
487          (iv) aggravating and mitigating factors; or
488          (v) any other relevant fact.
489          [(b) The judge may not impose a lesser sentence than would be required for a
490     conviction based on the defendant's history under Section 41-6a-505.]
491          [(c)] (b) The standards for chemical breath analysis under Section 41-6a-515 and the
492     provisions for the admissibility of chemical test results under Section 41-6a-516 apply to

493     determination and proof of blood alcohol content under this section.
494          [(d)] (c) A calculation of blood or breath alcohol concentration under this section shall
495     be made in accordance with Subsection 41-6a-502(3).
496          [(e)] (d) Except as provided in Subsection (4), the fact that an actor charged with
497     violating this section is or has been legally entitled to use alcohol or a drug is not a defense.
498          [(f)] (e) Evidence of a defendant's blood or breath alcohol content or drug content is
499     admissible except if prohibited by the Utah Rules of Evidence, the United States Constitution,
500     or the Utah Constitution.
501          [(g)] (f) In accordance with Subsection 77-2a-3(8), a guilty or no contest plea to an
502     offense described in this section may not be held in abeyance.
503          Section 7. Section 76-5-102.10 is enacted to read:
504          76-5-102.10. Sentencing requirements for negligently operating a vehicle resulting
505     in injury.
506          (1) As used in this section:
507          (a) "Assessment" means the same as that term is defined in Section 41-6a-501.
508          (b) "Educational series" means the same as that term is defined in Section 41-6a-501.
509          (c) "Screening" means the same as that term is defined in Section 41-6a-501.
510          (2) As part of any sentence for a conviction of Subsection 76-5-102.1(3)(a)(ii) that
511     would be a first conviction of any driving under the influence related offense found under
512     Subsection 41-6a-501(2)(a) where there is admissible evidence that the individual had a blood
513     or breath alcohol level of .16 or higher, had a blood or breath alcohol level of .05 or higher in
514     addition to any measurable controlled substance, or had a combination of two or more
515     controlled substances in the individual's body that were not recommended in accordance with
516     Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, or prescribed:
517          (a) the court shall:
518          (i) impose a jail sentence of not less than ten days;
519          (ii) order the individual to participate in a screening;
520          (iii) order the individual to participate in an assessment, if it is found appropriate by a
521     screening under Subsection (2)(a)(ii);
522          (iv) order the individual to participate in an educational series if the court does not
523     order substance abuse treatment as described under Subsection (2)(b);

524          (v) impose a fine of not less than $700;
525          (vi) order probation for the individual in accordance with Section 41-6a-507;
526          (vii) (A) order the individual to pay the administrative impound fee described in
527     Section 41-6a-1406; or
528          (B) if the administrative impound fee was paid by a party described in Subsection
529     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
530     reimburse the party;
531          (viii) (A) order the individual to pay the towing and storage fees described in Section
532     72-9-603; or
533          (B) if the towing and storage fees were paid by a party described in Subsection
534     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
535     reimburse the party; or
536          (ix) unless the court determines and states on the record that an ignition interlock
537     system is not necessary for the safety of the community and in the best interest of justice, order
538     the installation of an ignition interlock system as described in Section 41-6a-518; and
539          (b) the court may:
540          (i) order the individual to obtain substance abuse treatment if the substance abuse
541     treatment program determines that substance abuse treatment is appropriate;
542          (ii) order the individual to participate in a 24/7 sobriety program as defined in Section
543     41-6a-515.5 if the individual is 21 years old or older; or
544          (iii) order a combination of Subsections (2)(b)(i) and (ii).
545          (3) As part of any sentence for any first conviction of Subsection 76-5-102.1(3)(a)(i)
546     that would be a first conviction of any driving under the influence related offense found under
547     Subsection 41-6a-501(2)(a) not described in Subsection (2):
548          (a) the court shall:
549          (i) impose a jail sentence of not less than five days;
550          (ii) order the individual to participate in a screening;
551          (iii) order the individual to participate in an assessment, if it is found appropriate by a
552     screening under Subsection (3)(a)(ii);
553          (iv) order the individual to participate in an educational series if the court does not
554     order substance abuse treatment as described under Subsection (3)(b);

555          (v) impose a fine of not less than $700;
556          (vi) (A) order the individual to pay the administrative impound fee described in Section
557     41-6a-1406; or
558          (B) if the administrative impound fee was paid by a party described in Subsection
559     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
560     reimburse the party; or
561          (vii) (A) order the individual to pay the towing and storage fees described in Section
562     72-9-603; or
563          (B) if the towing and storage fees were paid by a party described in Subsection
564     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
565     reimburse the party; and
566          (b) the court may:
567          (i) order the individual to obtain substance abuse treatment if the substance abuse
568     treatment program determines that substance abuse treatment is appropriate;
569          (ii) order probation for the individual in accordance with Section 41-6a-507;
570          (iii) order the individual to participate in a 24/7 sobriety program as defined in Section
571     41-6a-515.5 if the individual is 21 years old or older; or
572          (iv) order a combination of Subsections (3)(b)(i) through (iii).
573          (4) If an individual has a prior conviction as defined in Section 41-6a-501 that is within
574     10 years of the current conviction under Subsection 76-5-102.1(3)(a)(ii) or the commission of
575     the offense upon which the current conviction is based and where there is admissible evidence
576     that the individual had a blood or breath alcohol level of .16 or higher, had a blood or breath
577     alcohol level of .05 or higher in addition to any measurable controlled substance, or had a
578     combination of two or more controlled substances in the individual's body that were not
579     recommended in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid Research and
580     Medical Cannabis, or prescribed:
581          (a) the court shall:
582          (i) impose a jail sentence of not less than 40 days;
583          (ii) order the individual to participate in a screening;
584          (iii) order the individual to participate in an assessment, if it is found appropriate by a
585     screening under Subsection (4)(a)(ii);

586          (iv) order the individual to participate in an educational series if the court does not
587     order substance abuse treatment as described under Subsection (4)(b);
588          (v) impose a fine of not less than $800;
589          (vi) order probation for the individual in accordance with Section 41-6a-507;
590          (vii) order the installation of an ignition interlock system as described in Section
591     41-6a-518;
592          (viii) (A) order the individual to pay the administrative impound fee described in
593     Section 41-6a-1406; or
594          (B) if the administrative impound fee was paid by a party described in Subsection
595     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
596     reimburse the party; or
597          (ix) (A) order the individual to pay the towing and storage fees described in Section
598     72-9-603; or
599          (B) if the towing and storage fees were paid by a party described in Subsection
600     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
601     reimburse the party; and
602          (b) the court may:
603          (i) order the individual to obtain substance abuse treatment if the substance abuse
604     treatment program determines that substance abuse treatment is appropriate;
605          (ii) order the individual to participate in a 24/7 sobriety program as defined in Section
606     41-6a-515.5 if the individual is 21 years old or older; or
607          (iii) order a combination of Subsections (4)(b)(i) and (ii).
608          (5) If an individual has a prior conviction as defined in Section 41-6a-501 that is within
609     10 years of the current conviction under Subsection 76-5-102.1(3)(a)(ii) or the commission of
610     the offense upon which the current conviction is based and that does not qualify under
611     Subsection (4):
612          (a) the court shall:
613          (i) impose a jail sentence of not less than 20 days;
614          (ii) order the individual to participate in a screening;
615          (iii) order the individual to participate in an assessment, if it is found appropriate by a
616     screening under Subsection (5)(a)(ii);

617          (iv) order the individual to participate in an educational series if the court does not
618     order substance abuse treatment as described under Subsection (5)(b);
619          (v) impose a fine of not less than $800;
620          (vi) order probation for the individual in accordance with Section 41-6a-507;
621          (vii) (A) order the individual to pay the administrative impound fee described in
622     Section 41-6a-1406; or
623          (B) if the administrative impound fee was paid by a party described in Subsection
624     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
625     reimburse the party; or
626          (viii) (A) order the individual to pay the towing and storage fees described in Section
627     72-9-603; or
628          (B) if the towing and storage fees were paid by a party described in Subsection
629     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
630     reimburse the party; and
631          (b) the court may:
632          (i) order the individual to obtain substance abuse treatment if the substance abuse
633     treatment program determines that substance abuse treatment is appropriate;
634          (ii) order the individual to participate in a 24/7 sobriety program as defined in Section
635     41-6a-515.5 if the individual is 21 years old or older; or
636          (iii) order a combination of Subsections (5)(b)(i) and (ii).
637          (6) If the court suspends the execution of a prison sentence and places the defendant on
638     probation as part of any sentence for a conviction of Subsection 76-5-102.1(3)(a)(ii) where
639     there is admissible evidence that the individual had a blood or breath alcohol level of .16 or
640     higher, had a blood or breath alcohol level of .05 or higher in addition to any measurable
641     controlled substance, or had a combination of two or more controlled substances in the
642     individual's body that were not recommended in accordance with Title 26B, Chapter 4, Part 2,
643     Cannabinoid Research and Medical Cannabis, or prescribed:
644          (a) the court shall:
645          (i) impose a jail sentence of not less than 240 days;
646          (ii) order the individual to participate in a screening;
647          (iii) order the individual to participate in an assessment, if it is found appropriate by a

648     screening under Subsection (6)(a)(ii);
649          (iv) order the individual to participate in an educational series if the court does not
650     order substance abuse treatment as described under Subsection (6)(b);
651          (v) impose a fine of not less than $800;
652          (vi) order probation for the individual in accordance with Section 41-6a-507;
653          (vii) order the installation of an ignition interlock system as described in Section
654     41-6a-518;
655          (viii) (A) order the individual to pay the administrative impound fee described in
656     Section 41-6a-1406; or
657          (B) if the administrative impound fee was paid by a party described in Subsection
658     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
659     reimburse the party; or
660          (ix) (A) order the individual to pay the towing and storage fees described in Section
661     72-9-603; or
662          (B) if the towing and storage fees were paid by a party described in Subsection
663     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
664     reimburse the party; and
665          (b) the court may:
666          (i) order the individual to obtain substance abuse treatment if the substance abuse
667     treatment program determines that substance abuse treatment is appropriate;
668          (ii) order the individual to participate in a 24/7 sobriety program as defined in Section
669     41-6a-515.5 if the individual is 21 years old or older; or
670          (iii) order a combination of Subsections (6)(b)(i) and (ii).
671          (7) If the court suspends the execution of a prison sentence and places the defendant on
672     probation as part of any sentence for a conviction of Subsection 76-5-102.1(3)(a)(ii) not
673     described in Subsection (6):
674          (a) the court shall:
675          (i) impose a jail sentence of not less than 120 days;
676          (ii) order the individual to participate in a screening;
677          (iii) order the individual to participate in an assessment, if it is found appropriate by a
678     screening under Subsection (7)(a)(ii);

679          (iv) order the individual to participate in an educational series if the court does not
680     order substance abuse treatment as described under Subsection (7)(b);
681          (v) impose a fine of not less than $800;
682          (vi) order probation for the individual in accordance with Section 41-6a-507;
683          (vii) order the installation of an ignition interlock system as described in Section
684     41-6a-518;
685          (viii) (A) order the individual to pay the administrative impound fee described in
686     Section 41-6a-1406; or
687          (B) if the administrative impound fee was paid by a party described in Subsection
688     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
689     reimburse the party; or
690          (ix) (A) order the individual to pay the towing and storage fees described in Section
691     72-9-603; or
692          (B) if the towing and storage fees were paid by a party described in Subsection
693     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
694     reimburse the party; and
695          (b) the court may:
696          (i) order the individual to obtain substance abuse treatment if the substance abuse
697     treatment program determines that substance abuse treatment is appropriate;
698          (ii) order the individual to participate in a 24/7 sobriety program as defined in Section
699     41-6a-515.5 if the individual is 21 years old or older; or
700          (iii) order a combination of Subsections (7)(b)(i) and (ii).
701          (8) If the court suspends the execution of a prison sentence and places the defendant on
702     probation as part of any sentence for a conviction of Subsection 76-5-102.1(3)(a)(ii) that would
703     be a first conviction of any DUI related offense found under Subsection 41-6a-501(2)(a) where
704     there is admissible evidence that the individual had a blood or breath alcohol level of .16 or
705     higher, had a blood or breath alcohol level of .05 or higher in addition to any measurable
706     controlled substance, or had a combination of two or more controlled substances in the
707     individual's body that were not recommended in accordance with Title 26B, Chapter 4, Part 2,
708     Cannabinoid Research and Medical Cannabis, or prescribed:
709          (a) the court shall:

710          (i) impose a jail sentence of not less than 180 days;
711          (ii) order the individual to participate in a screening;
712          (iii) order the individual to participate in an assessment, if it is found appropriate by a
713     screening under Subsection (8)(a)(ii);
714          (iv) order the individual to participate in an educational series if the court does not
715     order substance abuse treatment as described under Subsection (8)(b);
716          (v) impose a fine of not less than $800;
717          (vi) order probation for the individual in accordance with Section 41-6a-507;
718          (vii) order the installation of an ignition interlock system as described in Section
719     41-6a-518;
720          (viii) (A) order the individual to pay the administrative impound fee described in
721     Section 41-6a-1406; or
722          (B) if the administrative impound fee was paid by a party described in Subsection
723     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
724     reimburse the party; or
725          (ix) (A) order the individual to pay the towing and storage fees described in Section
726     72-9-603; or
727          (B) if the towing and storage fees were paid by a party described in Subsection
728     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
729     reimburse the party; and
730          (b) the court may:
731          (i) order the individual to obtain substance abuse treatment if the substance abuse
732     treatment program determines that substance abuse treatment is appropriate;
733          (ii) order the individual to participate in a 24/7 sobriety program as defined in Section
734     41-6a-515.5 if the individual is 21 years old or older; or
735          (iii) order a combination of Subsections (8)(b)(i) and (ii).
736          (9) If the court suspends the execution of a prison sentence and places the defendant on
737     probation as part of any sentence for a conviction of Subsection 76-5-102.1(3)(a)(ii) that would
738     be a first conviction of any DUI related offense found under Subsection 41-6a-501(2)(a) and
739     not described in Subsection (8):
740          (a) the court shall:

741          (i) impose a jail sentence of not less than 90 days;
742          (ii) order the individual to participate in a screening;
743          (iii) order the individual to participate in an assessment, if it is found appropriate by a
744     screening under Subsection (9)(a)(ii);
745          (iv) order the individual to participate in an educational series if the court does not
746     order substance abuse treatment as described under Subsection (9)(b);
747          (v) impose a fine of not less than $800;
748          (vi) order probation for the individual in accordance with Section 41-6a-507;
749          (vii) order the installation of an ignition interlock system as described in Section
750     41-6a-518;
751          (viii) (A) order the individual to pay the administrative impound fee described in
752     Section 41-6a-1406; or
753          (B) if the administrative impound fee was paid by a party described in Subsection
754     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
755     reimburse the party; or
756          (ix) (A) order the individual to pay the towing and storage fees described in Section
757     72-9-603; or
758          (B) if the towing and storage fees were paid by a party described in Subsection
759     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
760     reimburse the party; and
761          (b) the court may:
762          (i) order the individual to obtain substance abuse treatment if the substance abuse
763     treatment program determines that substance abuse treatment is appropriate;
764          (ii) order the individual to participate in a 24/7 sobriety program as defined in Section
765     41-6a-515.5 if the individual is 21 years old or older; or
766          (iii) order a combination of Subsections (9)(b)(i) and (ii).
767          (10) If the court suspends the execution of a prison sentence and places the defendant
768     on probation as part of any sentence for a conviction where an individual has a prior conviction
769     as defined in Section 41-6a-501 that is within 10 years of the current conviction under
770     Subsection 76-5-102.1(3)(a)(ii) or the commission of the offense upon which the current
771     conviction is based and where there is admissible evidence that the individual had a blood or

772     breath alcohol level of .16 or higher, had a blood or breath alcohol level of .05 or higher in
773     addition to any measurable controlled substance, or had a combination of two or more
774     controlled substances in the individual's body that were not recommended in accordance with
775     Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, or prescribed:
776          (a) the court shall:
777          (i) impose a jail sentence of not less than 360 days;
778          (ii) order the individual to participate in a screening;
779          (iii) order the individual to participate in an assessment, if it is found appropriate by a
780     screening under Subsection (10)(a)(ii);
781          (iv) order the individual to participate in an educational series if the court does not
782     order substance abuse treatment as described under Subsection (10)(b);
783          (v) impose a fine of not less than $800;
784          (vi) order probation for the individual in accordance with Section 41-6a-507;
785          (vii) order the installation of an ignition interlock system as described in Section
786     41-6a-518;
787          (viii) (A) order the individual to pay the administrative impound fee described in
788     Section 41-6a-1406; or
789          (B) if the administrative impound fee was paid by a party described in Subsection
790     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
791     reimburse the party; or
792          (ix) (A) order the individual to pay the towing and storage fees described in Section
793     72-9-603; or
794          (B) if the towing and storage fees were paid by a party described in Subsection
795     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
796     reimburse the party; and
797          (b) the court may:
798          (i) order the individual to obtain substance abuse treatment if the substance abuse
799     treatment program determines that substance abuse treatment is appropriate;
800          (ii) order the individual to participate in a 24/7 sobriety program as defined in Section
801     41-6a-515.5 if the individual is 21 years old or older; or
802          (iii) order a combination of Subsections (10)(b)(i) and (ii).

803          (11) If the court suspends the execution of a prison sentence and places the defendant
804     on probation as part of any sentence for a conviction where an individual has a prior conviction
805     as defined in Section 41-6a-501 that is within 10 years of the current conviction under
806     Subsection 76-5-102.1(3)(a)(ii) or the commission of the offense upon which the current
807     conviction is based and that does not qualify under Subsection (10):
808          (a) the court shall:
809          (i) impose a jail sentence of not less than 270 days;
810          (ii) order the individual to participate in a screening;
811          (iii) order the individual to participate in an assessment, if it is found appropriate by a
812     screening under Subsection (11)(a)(ii);
813          (iv) order the individual to participate in an educational series if the court does not
814     order substance abuse treatment as described under Subsection (11)(b);
815          (v) impose a fine of not less than $800;
816          (vi) order probation for the individual in accordance with Section 41-6a-507;
817          (vii) (A) order the individual to pay the administrative impound fee described in
818     Section 41-6a-1406; or
819          (B) if the administrative impound fee was paid by a party described in Subsection
820     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
821     reimburse the party; or
822          (viii) (A) order the individual to pay the towing and storage fees described in Section
823     72-9-603; or
824          (B) if the towing and storage fees were paid by a party described in Subsection
825     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
826     reimburse the party; and
827          (b) the court may:
828          (i) order the individual to obtain substance abuse treatment if the substance abuse
829     treatment program determines that substance abuse treatment is appropriate;
830          (ii) order the individual to participate in a 24/7 sobriety program as defined in Section
831     41-6a-515.5 if the individual is 21 years old or older; or
832          (iii) order a combination of Subsections (11)(b)(i) and (ii).
833          (12) If an individual has two or more prior convictions as defined in Section 41-6a-501

834     that is within 10 years of the current conviction under Subsection 76-5-102.1(3)(a)(ii) or the
835     commission of the offense upon which the current conviction is based and that does not qualify
836     under Subsection (10) the court shall impose, and may not suspend, a prison sentence.
837          Section 8. Section 76-5-207 is amended to read:
838          76-5-207. Negligently operating a vehicle resulting in death -- Penalties --
839     Evidence.
840          (1) (a) As used in this section:
841          (i) "Controlled substance" means the same as that term is defined in Section 58-37-2.
842          (ii) "Criminally negligent" means the same as that term is described in Subsection
843     76-2-103(4).
844          (iii) "Drug" means:
845          (A) a controlled substance;
846          (B) a drug as defined in Section 58-37-2; or
847          (C) a substance that, when knowingly, intentionally, or recklessly taken into the human
848     body, can impair the ability of an individual to safely operate a vehicle.
849          (iv) "Negligent" or "negligence" means simple negligence, the failure to exercise that
850     degree of care that reasonable and prudent persons exercise under like or similar circumstances.
851          (v) "Vehicle" means the same as that term is defined in Section 41-6a-501.
852          (b) Terms defined in Section 76-1-101.5 apply to this section.
853          (2) An actor commits negligently operating a vehicle resulting in death if the actor:
854          (a) (i) operates a vehicle in a negligent or criminally negligent manner causing the
855     death of another individual;
856          (ii) (A) has sufficient alcohol in the actor's body such that a subsequent chemical test
857     shows that the actor has a blood or breath alcohol concentration of .05 grams or greater at the
858     time of the test;
859          (B) is under the influence of alcohol, any drug, or the combined influence of alcohol
860     and any drug to a degree that renders the actor incapable of safely operating a vehicle; or
861          (C) has a blood or breath alcohol concentration of .05 grams or greater at the time of
862     operation; or
863          (b) (i) operates a vehicle in a criminally negligent manner causing death to another; and
864          (ii) has in the actor's body any measurable amount of a controlled substance.

865          (3) Except as provided in Subsection (4), an actor who violates Subsection (2) is guilty
866     of:
867          (a) a second degree felony; and
868          (b) a separate offense for each victim suffering death as a result of the actor's violation
869     of this section, regardless of whether the deaths arise from the same episode of driving.
870          (4) An actor is not guilty of a violation of negligently operating a vehicle resulting in
871     death under Subsection (2)(b) if:
872          (a) the controlled substance was obtained under a valid prescription or order, directly
873     from a practitioner while acting in the course of the practitioner's professional practice, or as
874     otherwise authorized by Title 58, Occupations and Professions;
875          (b) the controlled substance is 11-nor-9-carboxy-tetrahydrocannabinol; or
876          (c) the actor possessed, in the actor's body, a controlled substance listed in Section
877     58-37-4.2 if:
878          (i) the actor is the subject of medical research conducted by a holder of a valid license
879     to possess controlled substances under Section 58-37-6; and
880          (ii) the substance was administered to the actor by the medical researcher.
881          (5) (a) A judge imposing a sentence under this section [may consider:] shall impose
882     and may not suspend a prison sentence.
883          [(i) the sentencing guidelines developed in accordance with Section 63M-7-404;]
884          [(ii) the defendant's history;]
885          [(iii) the facts of the case;]
886          [(iv) aggravating and mitigating factors; or]
887          [(v) any other relevant fact.]
888          [(b) The judge may not impose a lesser sentence than would be required for a
889     conviction based on the defendant's history under Section 41-6a-505.]
890          [(c)] (b) The standards for chemical breath analysis as provided by Section 41-6a-515
891     and the provisions for the admissibility of chemical test results as provided by Section
892     41-6a-516 apply to determination and proof of blood alcohol content under this section.
893          [(d)] (c) A calculation of blood or breath alcohol concentration under this section shall
894     be made in accordance with Subsection 41-6a-502(3).
895          [(e)] (d) Except as provided in Subsection (4), the fact that an actor charged with

896     violating this section is or has been legally entitled to use alcohol or a drug is not a defense.
897          [(f)] (e) Evidence of a defendant's blood or breath alcohol content or drug content is
898     admissible except when prohibited by the Utah Rules of Evidence, the United States
899     Constitution, or the Utah Constitution.
900          [(g)] (f) In accordance with Subsection 77-2a-3(8), a guilty or no contest plea to an
901     offense described in this section may not be held in abeyance.
902          Section 9. Section 77-20-201 is amended to read:
903          77-20-201. Right to bail -- Capital felony.
904          (1) An individual charged with, or arrested for, a criminal offense shall be admitted to
905     bail as a matter of right, except if the individual is charged with:
906          (a) a capital felony when there is substantial evidence to support the charge;
907          (b) a felony committed while on parole or on probation for a felony conviction, or
908     while free on bail awaiting trial on a previous felony charge, when there is substantial evidence
909     to support the current felony charge;
910          (c) a felony when there is substantial evidence to support the charge and the court
911     finds, by clear and convincing evidence, that:
912          (i) the individual would constitute a substantial danger to any other individual or to the
913     community after considering available conditions of release that the court may impose if the
914     individual is released on bail; or
915          (ii) the individual is likely to flee the jurisdiction of the court if the individual is
916     released on bail;
917          (d) a felony when there is substantial evidence to support the charge and the court
918     finds, by clear and convincing evidence, that the individual violated a material condition of
919     release while previously on bail;
920          (e) a domestic violence offense if:
921          (i) there is substantial evidence to support the charge; and
922          (ii) the court finds, by clear and convincing evidence, that the individual would
923     constitute a substantial danger to an alleged victim of domestic violence after considering
924     available conditions of release that the court may impose if the individual is released on bail;
925          (f) the offense of driving under the influence or driving with a measurable controlled
926     substance in the body if:

927          (i) the offense results in death or serious bodily injury to an individual;
928          (ii) there is substantial evidence to support the charge; and
929          (iii) the court finds, by clear and convincing evidence, that the individual would
930     constitute a substantial danger to the community after considering available conditions of
931     release that the court may impose if the individual is released on bail; [or]
932          (g) a felony violation of Section 76-9-101 if:
933          (i) there is substantial evidence to support the charge; and
934          (ii) the court finds, by clear and convincing evidence, that the individual is not likely to
935     appear for a subsequent court appearance[.]; or
936          (h) except as provided in Subsection (4), the offense of driving under the influence or
937     driving with a measurable controlled substance in the body:
938          (i) if committed while on parole or on probation for a driving under the influence or
939     driving with a measurable controlled substance in the body conviction; or
940          (ii) while the individual is out of custody awaiting trial on a previous driving under the
941     influence or driving with a measurable controlled substance in the body charge, when the court
942     finds there is substantial evidence to support the current charge.
943          (2) Notwithstanding any other provision of this section, there is a rebuttable
944     presumption that an individual is a substantial danger to the community under Subsection
945     (1)(f)(iii):
946          (a) as long as the individual has a blood or breath alcohol concentration of .05 grams or
947     greater if the individual is arrested for, or charged with, the offense of driving under the
948     influence and the offense resulted in death or serious bodily injury to an individual; or
949          (b) if the individual has a measurable amount of controlled substance in the
950     individual's body, the individual is arrested for, or charged with, the offense of driving with a
951     measurable controlled substance in the body and the offense resulted in death or serious bodily
952     injury to an individual.
953          (3) For purposes of Subsection (1)(a), any arrest or charge for a violation of Section
954     76-5-202, aggravated murder, is a capital felony unless:
955          (a) the prosecuting attorney files a notice of intent to not seek the death penalty; or
956          (b) the time for filing a notice to seek the death penalty has expired and the prosecuting
957     attorney has not filed a notice to seek the death penalty.

958          (4) For purposes of Subsection (1)(h), there is a rebuttable presumption that an
959     individual would not constitute a substantial danger to any other person or the community if:
960          (a) the court orders the person to participate in an inpatient drug and alcohol treatment
961     program; or
962          (b) the court orders the person to participate in home confinement through the use of
963     electronic monitoring as described in Section 41-6a-506.
964          Section 10. Section 77-40a-303 is amended to read:
965          77-40a-303. Requirements for a certificate of eligibility to expunge records of a
966     conviction.
967          (1) Except as otherwise provided by this section, a petitioner is eligible to receive a
968     certificate of eligibility from the bureau to expunge the records of a conviction if:
969          (a) the petitioner has paid in full all fines and interest ordered by the court related to the
970     conviction for which expungement is sought;
971          (b) the petitioner has paid in full all restitution ordered by the court under Section
972     77-38b-205; and
973          (c) the following time periods have passed after the day on which the petitioner was
974     convicted or released from incarceration, parole, or probation, whichever occurred last, for the
975     conviction that the petitioner seeks to expunge:
976          (i) 10 years for the conviction of a misdemeanor under Subsection 41-6a-501(2);
977          (ii) 10 years for the conviction of a felony for operating a motor vehicle with any
978     amount of a controlled substance in an individual's body and causing serious bodily injury or
979     death, as codified before May 4, 2022, Laws of Utah 2021,
980     Chapter 236, Section 1, Subsection 58-37-8(2)(g);
981          (iii) seven years for the conviction of a felony;
982          (iv) five years for the conviction of a drug possession offense that is a felony;
983          (v) five years for the conviction of a class A misdemeanor;
984          (vi) four years for the conviction of a class B misdemeanor; or
985          (vii) three years for the conviction of a class C misdemeanor or infraction.
986          (2) A petitioner is not eligible to receive a certificate of eligibility from the bureau to
987     expunge the records of a conviction under Subsection (1) if:
988          (a) except as provided in Subsection (3), the conviction for which expungement is

989     sought is:
990          (i) a capital felony;
991          (ii) a first degree felony;
992          (iii) a felony conviction of a violent felony as defined in Subsection
993     76-3-203.5(1)(c)(i);
994          (iv) (A) a felony conviction described in Subsection 41-6a-501(2); or
995          (B) any conviction described in Subsection (2)(a)(iv)(A) for which judgment of
996     conviction is reduced under Section 76-3-402;
997          (v) an offense, or a combination of offenses, that would require the individual to
998     register as a sex offender, as defined in Section 77-41-102; or
999          (vi) a registerable child abuse offense as defined in Subsection 77-43-102(2);
1000          (b) there is a criminal proceeding for a misdemeanor or felony offense pending against
1001     the petitioner, unless the criminal proceeding is for a traffic offense;
1002          (c) there is a plea in abeyance for a misdemeanor or felony offense pending against the
1003     petitioner, unless the plea in abeyance is for a traffic offense;
1004          (d) the petitioner is currently incarcerated, on parole, or on probation, unless the
1005     petitioner is on probation or parole for an infraction, a traffic offense, or a minor regulatory
1006     offense;
1007          (e) the petitioner intentionally or knowingly provides false or misleading information
1008     on the application for a certificate of eligibility;
1009          (f) there is a criminal protective order or a criminal stalking injunction in effect for the
1010     case; or
1011          (g) the bureau determines that the petitioner's criminal history makes the petitioner
1012     ineligible for a certificate of eligibility under Subsection (4) or (5).
1013          (3) Subsection (2)(a) does not apply to a conviction for a qualifying sexual offense, as
1014     defined in Section 76-3-209, if, at the time of the offense, a petitioner who committed the
1015     offense was at least 14 years old but under 18 years old, unless the petitioner was convicted by
1016     a district court as an adult in accordance with Title 80, Chapter 6, Part 5, Transfer to District
1017     Court.
1018          (4) Subject to Subsections (6), (7), and (8), a petitioner is not eligible to receive a
1019     certificate of eligibility if, at the time the petitioner seeks the certificate of eligibility, the

1020     bureau determines that the petitioner's criminal history, including previously expunged
1021     convictions, contains any of the following:
1022          (a) two or more felony convictions other than for drug possession offenses, each of
1023     which is contained in a separate criminal episode;
1024          (b) any combination of three or more convictions other than for drug possession
1025     offenses that include two class A misdemeanor convictions, each of which is contained in a
1026     separate criminal episode;
1027          (c) any combination of four or more convictions other than for drug possession
1028     offenses that include three class B misdemeanor convictions, each of which is contained in a
1029     separate criminal episode; or
1030          (d) five or more convictions other than for drug possession offenses of any degree
1031     whether misdemeanor or felony, each of which is contained in a separate criminal episode.
1032          (5) Subject to Subsections (7) and (8), a petitioner is not eligible to receive a certificate
1033     of eligibility if, at the time the petitioner seeks the certificate of eligibility, the bureau
1034     determines that the petitioner's criminal history, including previously expunged convictions,
1035     contains any of the following:
1036          (a) three or more felony convictions for drug possession offenses, each of which is
1037     contained in a separate criminal episode; or
1038          (b) any combination of five or more convictions for drug possession offenses, each of
1039     which is contained in a separate criminal episode.
1040          (6) If the petitioner's criminal history contains convictions for both a drug possession
1041     offense and a non-drug possession offense arising from the same criminal episode, the bureau
1042     shall count that criminal episode as a conviction under Subsection (4) if any non-drug
1043     possession offense in that episode:
1044          (a) is a felony or class A misdemeanor; or
1045          (b) has the same or a longer waiting period under Subsection (1)(c) than any drug
1046     possession offense in that episode.
1047          (7) Except as provided in Subsection (8), if at least 10 years have passed after the day
1048     on which the petitioner was convicted or released from incarceration, parole, or probation,
1049     whichever occurred last, for all convictions:
1050          (a) each numerical eligibility limit under Subsections (4)(a) and (b) shall be increased

1051     by one; and
1052          (b) each numerical eligibility limit under Subsections (4)(c) and (d) is not applicable if
1053     the highest level of convicted offense in the criminal episode is:
1054          (i) a class B misdemeanor;
1055          (ii) a class C misdemeanor;
1056          (iii) a drug possession offense if none of the non-drug possession offenses in the
1057     criminal episode are a felony or a class A misdemeanor; or
1058          (iv) an infraction.
1059          (8) When determining whether a petitioner is eligible for a certificate of eligibility
1060     under Subsection (4), (5), or (7), the bureau may not consider a petitioner's pending case or
1061     prior conviction for:
1062          (a) an infraction;
1063          (b) a traffic offense;
1064          (c) a minor regulatory offense; or
1065          (d) a clean slate eligible case that was automatically expunged in accordance with
1066     Section 77-40a-201.
1067          (9) If the petitioner received a pardon before May 14, 2013, from the Utah Board of
1068     Pardons and Parole, the petitioner is entitled to an expungement order for all pardoned crimes
1069     in accordance with Section 77-27-5.1.
1070          Section 11. Effective date.
1071          This bill takes effect on May 1, 2024.