Identification Verification Amendments

54
32B-1-407
32B-2-503
32B-2-605
32B-4-405
32B-5-306
32B-7-202
41-6a-505
41-6a-509
53-3-236
53-3-805
76-5-102.1
76-5-207
HB0059
HB0597
32B-1-407 (05/06/26)
32B-1-407 (immediate)
0
Identification Verification Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: Evan J. Vickers

Cosponsor:
Jill Koford
Tiara Auxier
LONG TITLE
General Description:
This bill amends provisions relating to identification verification.
Highlighted Provisions:
This bill:
provides that an authorized person shall verify proof of age for an individual who appears
to be 35 years old or younger before the individual procures an alcoholic product at a
restaurant;
provides that an off-premise beer retailer, a state store, or a package agency shall request
proof of age from each patron;
requires that an off-premise beer retailer, a state store, or a package agency verify that an
individual is not an interdicted person if the individual provides a Utah driver license as
a proof of age;
provides that an authorized person shall verify proof of age for each individual before the
individual gains admittance to a bar or tavern or purchases beer from an off-premise
beer retailer;
authorizes an authorized person to temporarily confiscate a proof of age the authorized
person determines is fake;
provides that when a court designates an individual as an interdicted person, the court
may require the individual to surrender the individual's Utah driver license or Utah
identification card;
provides that an individual who voluntarily applies for a driver license or an identification
card with an interdicted person qualifier is not required to pay an administrative fee
imposed by the Driver License Division;
provides a coordination clause between this bill and H.B. 597, Alcohol Amendments; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
This bill provides retrospective operation.
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
32B-1-407
Effective
upon governor's approval
Applies beginning
01/01/26
, as last
amended by Laws of Utah 2025, Chapter 471
32B-2-503
Effective
upon governor's approval
, as last amended by Laws of Utah 2024,
Chapter 94
32B-2-605
Effective
upon governor's approval
, as last amended by Laws of Utah 2024,
Chapter 94
32B-4-405
Effective
upon governor's approval
Applies beginning
01/01/26
, as last
amended by Laws of Utah 2025, Chapter 471
32B-5-306
Effective
upon governor's approval
Applies beginning
01/01/26
, as last
amended by Laws of Utah 2025, Chapter 471
32B-7-202
Effective
upon governor's approval
, as last amended by Laws of Utah 2025,
Chapters 162, 173
41-6a-505
Effective
upon governor's approval
, as last amended by Laws of Utah 2025,
Chapter 471
41-6a-509
Effective
upon governor's approval
, as last amended by Laws of Utah 2025,
Chapter 471
53-3-236
Effective
05/06/26
, as enacted by Laws of Utah 2025, Chapter 471
53-3-805
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 471
76-5-102.1
Effective
upon governor's approval
, as last amended by Laws of Utah 2025,
Chapter 471
76-5-207
Effective
upon governor's approval
, as last amended by Laws of Utah 2025,
Chapter 471
Utah Code Sections Affected by Coordination Clause:
32B-1-407
, as as last amended by Laws of Utah 2025, Chapter 471
Be it enacted by the Legislature of the state of Utah:
The following section is affected by a coordination clause at the end of this bill.
Section 1. Section
32B-1-407
is amended to read:
32B-1-407
Effective
upon governor's approval
Applies beginning
01/01/26
.
Verification of proof of age by applicable licensees.
(1)
As used in this section, "applicable licensee" means:
(a)
a dining club;
(b)
(a)
a bar;
(c)
(b)
a tavern;
(d)
(c)
a full-service restaurant;
(e)
(d)
a limited-service restaurant;
(f)
(e)
a beer-only restaurant; or
(g)
(f)
an off-premise beer retailer selling, offering for sale, or furnishing beer as
described in Subsection
32B-7-202(8)
.
(2)
Notwithstanding any other provision of this part, an applicable licensee shall require
that an authorized person for the applicable licensee verify proof of age as provided in
this section.
(3)
(a)
An authorized person is required to verify proof of age under this section before
an individual
:
who appears to be 35 years old or younger
(a)
gains admittance to the premises of a bar licensee or tavern;
(b)
procures an alcoholic product on the premises of a dining club licensee; or
(c)
procures an alcoholic product
in a dispensing area in
on
the premises of a
full-service restaurant licensee, a limited-service restaurant licensee, or a beer-only
restaurant licensee.
(b)
An authorized person is required to verify proof of age under this section before an
individual:
(i)
gains admittance to the premises of a bar licensee or tavern; or
(ii)
purchases beer from an off-premise beer retailer as described in Subsection
32B-7-202(8)
.
(c)
When verifying proof of age under this Subsection
(3)
, an authorized person shall
verify that:
(i)
the individual's age on the proof of age is at least 21 years old;
(ii)
the picture on the proof of age matches the individual; and
(iii)
if the proof of age is a driver license issued by this state, that the individual is not
an interdicted person.
(4)
To comply with Subsection
(3)
, an authorized person shall:
(a)
request
that
the individual present proof of age; and
(b)
(i)
verify the validity of the proof of age electronically under the verification
program created in Subsection
(5)
; or
(ii)
if the proof of age cannot be electronically verified as provided in Subsection
(4)(b)(i)
, request that the individual comply with a process established by the
commission by rule.
(5)
(a)
The commission shall establish by rule an electronic verification program that
includes the following:
(i)
the specifications for the technology used by the applicable licensee to
electronically verify proof of age, including that the technology display to the
person described in Subsection
(2)
no more than the following for the individual
who presents the proof of age:
(A)
the name;
(B)
the age;
(C)
the number assigned to the individual's proof of age by the issuing authority;
(D)
the birth date;
(E)
the gender; and
(F)
the status and expiration date of the individual's proof of age; and
(ii)
the security measures that shall be used by an applicable licensee to ensure that
information obtained under this section is:
(A)
used by the applicable licensee only for purposes of verifying proof of age in
accordance with this section; and
(B)
retained by the applicable licensee for seven days after the day on which the
applicable licensee obtains the information.
(b)
The commission shall ensure that the electronic verification program described in
Subsection
(5)(a)
includes technology that
recognizes every state's unique hidden
security features located on state issued identification cards to determine the validity
of that particular card.
can determine the validity of a state issued identification card
from the barcode located on the back of the state issued identification card by:
(i)
comparing the card's barcode to other legitimate barcodes; or
(ii)
identifying patterns within legitimate state issued identification cards.
(6)
(a)
An applicable licensee may not disclose information obtained under this section
except as provided under this title.
(b)
Information obtained under this section is considered a record for any purpose under
Chapter 5, Part 3, Retail Licensee Operational Requirements
.
(7)
(a)
If, after an authorized person requests that an individual present proof of age in
accordance with Subsection
(4)
, the authorized person determines that the proof of
age the individual presents is fake or the electronic verification program described in
Subsection
(5)
determines that the proof of age is fake, the authorized person may,
subject to Subsection
(7)(b)
:
(i)
if the proof of age is a physical proof of age, temporarily confiscate the proof of
age; and
(ii)
call law enforcement and request that law enforcement verify the validity of the
proof of age.
(b)
When an authorized person calls law enforcement in accordance with this Subsection
(7)
:
(i)
if law enforcement is unavailable to verify the validity of the proof of age within
30 minutes, the authorized person shall immediately return the proof of age to the
individual; or
(ii)
if law enforcement is available to verify the validity of the proof of age within 30
minutes, the authorized person may maintain control over the proof of age until
law enforcement arrives to verify the proof of age.
Section 2. Section
32B-2-503
is amended to read:
32B-2-503
Effective
upon governor's approval
. Operational requirements for a
state store.
(1)
(a)
A state store shall display in a prominent place in the store a sign in large letters
that consists of text in the following order:
(i)
a header that reads: "WARNING";
(ii)
a warning statement that reads: "Drinking alcoholic beverages during pregnancy
can cause birth defects and permanent brain damage for the child.";
(iii)
a statement in smaller font that reads: "Call the Utah Department of Health at
[insert most current toll-free number] with questions or for more information.";
(iv)
a header that reads: "WARNING"; and
(v)
a warning statement that reads: "Driving under the influence of alcohol or drugs is
a serious crime that is prosecuted aggressively in Utah."
(b)
(i)
The text described in Subsections
(1)(a)(i)
through
(iii)
shall be in a different
font style than the text described in Subsections
(1)(a)(iv)
and
(v)
.
(ii)
The warning statements in the sign described in Subsection
(1)(a)
shall be in the
same font size.
(c)
The Department of Health shall work with the commission and department to
facilitate consistency in the format of a sign required under this section.
(2)
A state store may not sell, offer for sale, or furnish liquor except at a price fixed by the
commission.
(3)
A state store may not sell, offer for sale, or furnish liquor to:
(a)
a minor;
(b)
a person actually, apparently, or obviously intoxicated;
(c)
a known interdicted person; or
(d)
a known habitual drunkard.
(4)
(a)
A state store employee may not:
(i)
consume an alcoholic product on the premises of a state store; or
(ii)
allow any person to consume an alcoholic product on the premises of a state store.
(b)
A violation of this Subsection
(4)
is a class B misdemeanor.
(5)
(a)
Sale or delivery of liquor may not be made on or from the premises of a state
store, and a state store may not be kept open for the sale of liquor:
(i)
on Sunday; or
(ii)
on a state or federal legal holiday.
(b)
Sale or delivery of liquor may be made on or from the premises of a state store, and a
state store may be open for the sale of liquor, only on a day and during hours that the
commission directs by rule or order.
(6)
(a)
A minor may not be admitted into, or be on the premises of, a state store unless
accompanied by a person who is:
(i)
21 years
of age
old
or older; and
(ii)
the minor's parent, legal guardian, or spouse.
(b)
A state store employee that has reason to believe that a person who is on the
premises of a state store is under
the age of 21
21 years old
and is not accompanied
by a person described in Subsection
(6)(a)
may:
(i)
ask the suspected minor for proof of age;
(ii)
ask the person who accompanies the suspected minor for proof of age; and
(iii)
ask the suspected minor or the person who accompanies the suspected minor for
proof of parental, guardianship, or spousal relationship.
(c)
A state store employee shall refuse to sell liquor to the suspected minor and to the
person who accompanies the suspected minor into the state store if the suspected
minor or person fails to provide information specified in Subsection
(6)(b)
.
(d)
A state store employee shall require a suspected minor and the person who
accompanies the suspected minor into the state store to immediately leave the
premises of the state store if the suspected minor or person fails to provide
information specified in Subsection
(6)(b)
.
(7)
(a)
A state store may not sell, offer for sale, or furnish liquor except in a sealed
container.
(b)
A person may not open a sealed container on the premises of a state store.
(8)
On or after October 1, 2011, a state store may not sell, offer for sale, or furnish heavy
beer in a sealed container that exceeds two liters.
(9)
A state store may not sell, offer for sale, or furnish:
(a)
liquor that is intended to be frozen and consumed in a manner other than as a
beverage, including liquor in the form of a freeze pop, popsicle, ice cream, or sorbet;
or
(b)
liquor that contains more than 80% alcohol by volume.
(10)
(a)
Before the sale or furnishing of an alcoholic product to an individual, a state
store shall require that the individual provide proof of age.
(b)
If the proof of age provided required by Subsection
(10)(a)
is a Utah driver license or
an identification card, the state store shall verify that the individual is not an
interdicted person.
Section 3. Section
32B-2-605
is amended to read:
32B-2-605
Effective
upon governor's approval
. Operational requirements for
package agency.
(1)
(a)
A person may not operate a package agency until a package agency agreement is
entered into by the package agent and the department.
(b)
A package agency agreement shall state the conditions of operation by which the
package agent and the department are bound.
(c)
(i)
If a package agent or staff of the package agent violates this title, rules under
this title, or the package agency agreement, the department may take any action
against the package agent that is allowed by the package agency agreement.
(ii)
An action against a package agent is governed solely by its package agency
agreement and may include suspension or revocation of the package agency.
(iii)
A package agency agreement shall provide procedures to be followed if a
package agent fails to pay money owed to the department including a procedure
for replacing the package agent or operator of the package agency.
(iv)
A package agency agreement shall provide that the package agency is subject to
covert investigations for selling an alcoholic product to a minor.
(v)
Notwithstanding that this part refers to "package agency" or "package agent,"
staff of the package agency or package agent is subject to the same requirement or
prohibition.
(2)
(a)
A package agency shall be operated by an individual who is either:
(i)
the package agent; or
(ii)
an individual designated by the package agent.
(b)
An individual who is a designee under this Subsection
(2)
shall be:
(i)
an employee of the package agent; and
(ii)
responsible for the operation of the package agency.
(c)
The conduct of the designee is attributable to the package agent.
(d)
A package agent shall submit the name of the person operating the package agency
to the department for the department's approval.
(e)
A package agent shall state the name and title of a designee on the application for a
package agency.
(f)
A package agent shall:
(i)
inform the department of a proposed change in the individual designated to
operate a package agency; and
(ii)
receive prior approval from the department before implementing the change
described in this Subsection
(2)(f)
.
(g)
Failure to comply with the requirements of this Subsection
(2)
may result in the
immediate termination of a package agency agreement.
(3)
(a)
A package agent shall display in a prominent place in the package agency the
record issued by the commission that designates the package agency.
(b)
A package agent that displays or stores liquor at a location visible to the public shall
display in a prominent place in the package agency a sign in large letters that consists
of text in the following order:
(i)
a header that reads: "WARNING";
(ii)
a warning statement that reads: "Drinking alcoholic beverages during pregnancy
can cause birth defects and permanent brain damage for the child.";
(iii)
a statement in smaller font that reads: "Call the Utah Department of Health at
[insert most current toll-free number] with questions or for more information.";
(iv)
a header that reads: "WARNING"; and
(v)
a warning statement that reads: "Driving under the influence of alcohol or drugs is
a serious crime that is prosecuted aggressively in Utah."
(c)
(i)
The text described in Subsections
(3)(b)(i)
through
(iii)
shall be in a different
font style than the text described in Subsections
(3)(b)(iv)
and
(v)
.
(ii)
The warning statements in the sign described in Subsection
(3)(b)
shall be in the
same font size.
(d)
The Department of Health and Human Services shall work with the commission and
department to facilitate consistency in the format of a sign required under this section.
(4)
A package agency may not display liquor or a price list in a window or showcase that is
visible to passersby.
(5)
(a)
A package agency may not purchase liquor from a person except from the
department.
(b)
At the discretion of the department, the department may provide liquor to a package
agency for sale on consignment.
(6)
A package agency may not store, sell, offer for sale, or furnish liquor in a place other
than as designated in the package agent's application, unless the package agent first
applies for and receives approval from the department for a change of location within
the package agency premises.
(7)
(a)
Except as provided in Subsection
(7)(b)
, a package agency may not sell, offer for
sale, or furnish liquor except at a price fixed by the commission.
(b)
A package agency may provide as room service one alcoholic product free of charge
per guest reservation, per guest room, if:
(i)
the package agency is the type of package agency that authorizes the package
agency to sell, offer for sale, or furnish an alcoholic product as part of room
service;
(ii)
staff of the package agency provides the alcoholic product:
(A)
in person; and
(B)
only to an adult guest in the guest room;
(iii)
staff of the package agency does not leave the alcoholic product outside a guest
room for retrieval by a guest; and
(iv)
the alcoholic product:
(A)
is not a spirituous liquor; and
(B)
is in an unopened container not to exceed 750 milliliters.
(8)
A package agency may not sell, offer for sale, or furnish liquor to:
(a)
a minor;
(b)
a person actually, apparently, or obviously intoxicated;
(c)
a known interdicted person; or
(d)
a known habitual drunkard.
(9)
(a)
A package agency may not employ a minor to handle liquor.
(b)
(i)
Staff of a package agency may not:
(A)
consume an alcoholic product on the premises of a package agency; or
(B)
allow any person to consume an alcoholic product on the premises of a
package agency.
(ii)
Violation of this Subsection
(9)(b)
is a class B misdemeanor.
(10)
(a)
A package agency may not close or cease operation for a period longer than 72
hours, unless:
(i)
the package agency notifies the department in writing at least seven days before
the day on which the package agency closes or ceases operation; and
(ii)
the closure or cessation of operation is first approved by the department.
(b)
Notwithstanding Subsection
(10)(a)
, in the case of emergency closure, a package
agency shall immediately notify the department by telephone.
(c)
(i)
The department may authorize a closure or cessation of operation for a period
not to exceed 60 days.
(ii)
The department may extend the initial period described in Subsection
(10)(c)(i)

an additional 30 days upon written request of the package agency and upon a
showing of good cause.
(iii)
A closure or cessation of operation may not exceed a total of 90 days without
commission approval.
(d)
The notice required by Subsection
(10)(a)
shall include:
(i)
the dates of closure or cessation of operation;
(ii)
the reason for the closure or cessation of operation; and
(iii)
the date on which the package agency will reopen or resume operation.
(e)
Failure of a package agency to provide notice and to obtain department authorization
before closure or cessation of operation results in an automatic termination of the
package agency agreement effective immediately.
(f)
Failure of a package agency to reopen or resume operation by the approved date
results in an automatic termination of the package agency agreement effective on that
date.
(11)
A package agency may not transfer the package agency's operations from one location
to another location without prior written approval of the commission.
(12)
(a)
A person, having been issued a package agency, may not sell, transfer, assign,
exchange, barter, give, or attempt in any way to dispose of the package agency to
another person, whether for monetary gain or not.
(b)
A package agency has no monetary value for any type of disposition.
(13)
(a)
Subject to the other provisions of this Subsection
(13)
:
(i)
sale or delivery of liquor may not be made on or from the premises of a package
agency, and a package agency may not be kept open for the sale of liquor:
(A)
on Sunday; or
(B)
on a state or federal legal holiday; and
(ii)
sale or delivery of liquor may be made on or from the premises of a package
agency, and a package agency may be open for the sale of liquor, only on a day
and during hours that the commission directs by rule or order.
(b)
A package agency located at a manufacturing facility is not subject to Subsection
(13)(a)
if:
(i)
the package agency is located at a manufacturing facility licensed in accordance
with Chapter 11, Manufacturing and Related Licenses Act; and
(ii)
the package agency only sells an alcoholic product produced at the manufacturing
facility.
(c)
(i)
Subsection
(13)(a)
does not apply to a package agency held by the following if
the package agent that holds the package agency to sell liquor at a resort or hotel
does not sell liquor in a manner similar to a state store:
(A)
a resort licensee; or
(B)
a hotel licensee.
(ii)
The commission may by rule define what constitutes a package agency that sells
liquor "in a manner similar to a state store."
(14)
(a)
Except to the extent authorized by commission rule, a minor may not be
admitted into, or be on the premises of, a package agency unless accompanied by a
person who is:
(i)
21 years old or older; and
(ii)
the minor's parent, legal guardian, or spouse.
(b)
A package agent or staff of a package agency that has reason to believe that a person
who is on the premises of a package agency is under 21 years old and is not
accompanied by a person described in Subsection
(14)(a)
may:
(i)
ask the suspected minor for proof of age;
(ii)
ask the person who accompanies the suspected minor for proof of age; and
(iii)
ask the suspected minor or the person who accompanies the suspected minor for
proof of parental, guardianship, or spousal relationship.
(c)
A package agent or staff of a package agency shall refuse to sell liquor to the
suspected minor and to the person who accompanies the suspected minor into the
package agency if the minor or person fails to provide any information specified in
Subsection
(14)(b)
.
(d)
A package agent or staff of a package agency shall require the suspected minor and
the person who accompanies the suspected minor into the package agency to
immediately leave the premises of the package agency if the minor or person fails to
provide information specified in Subsection
(14)(b)
.
(15)
(a)
A package agency shall sell, offer for sale, or furnish liquor in a sealed container.
(b)
A person may not open a sealed container on the premises of a package agency.
(c)
Notwithstanding Subsection
(15)(a)
, a package agency may sell, offer for sale, or
furnish liquor in other than a sealed container:
(i)
if the package agency is the type of package agency that authorizes the package
agency to sell, offer for sale, or furnish the liquor as part of room service;
(ii)
if the liquor is sold, offered for sale, or furnished as part of room service; and
(iii)
subject to:
(A)
staff of the package agency providing the liquor in person only to an adult
guest in the guest room or privately owned dwelling unit;
(B)
staff of the package agency not leaving the liquor outside a guest room or
privately owned dwelling unit for retrieval by a guest or resident; and
(C)
the same limits on the portions in which an alcoholic product may be sold by a
retail licensee under Section
32B-5-304
.
(16)
A package agency may not sell, offer for sale, or furnish:
(a)
heavy beer in a sealed container that exceeds two liters; or
(b)
liquor that contains more than 80% alcohol by volume.
(17)
The department may pay or otherwise remunerate a package agent on any basis,
including sales or volume of business done by the package agency.
(18)
The commission may prescribe by policy or rule general operational requirements of a
package agency that are consistent with this title and relate to:
(a)
physical facilities;
(b)
conditions of operation;
(c)
hours of operation;
(d)
inventory levels;
(e)
payment schedules;
(f)
methods of payment;
(g)
premises security; and
(h)
any other matter considered appropriate by the commission.
(19)
A package agency may not maintain a minibar.
(20)
(a)
Before the sale or furnishing of an alcoholic product to an individual, a package
agency shall require that the individual provide proof of age.
(b)
If the proof of age provided required by Subsection
(20)(a)
is a Utah driver license or
an identification card, the package agency shall verify that the individual is not an
interdicted person.
Section 4. Section
32B-4-405
is amended to read:
32B-4-405
Effective
upon governor's approval
Applies beginning
01/01/26
.
Unlawful sale, offer for sale, or furnishing to interdicted person.
(1)
A person may not sell, offer for sale, or furnish an alcoholic product to a known
interdicted person.
(2)
Prior to any sale or furnishing of an alcohol product, a person shall verify whether the
person is an interdicted person through examination of the person's identification card or
license certificate issued pursuant to Title 53, Chapter 3, Uniform Driver License Act, or
proof of age issued by another state or country.
(3)
(2)
This section does not apply to the sale, offer for sale, or furnishing of an alcoholic
product to an interdicted person:
(a)
under an order of a health care practitioner who is authorized by law to write a
prescription; or
(b)
administered by a hospital or health care practitioner authorized by law to administer
the alcoholic product for medicinal purposes.
Section 5. Section
32B-5-306
is amended to read:
32B-5-306
Effective
upon governor's approval
Applies beginning
01/01/26
.
Purchasing or selling alcoholic product.
(1)
(a)
A retail licensee may not sell, offer for sale, or furnish an alcoholic product to:
(i)
(a)
a minor;
(ii)
(b)
a person actually, apparently, or obviously intoxicated;
(iii)
(c)
a known interdicted person; or
(iv)
(d)
a known habitual drunkard.
(b)
Prior to any sale or furnishing of an alcohol product, a retail licensee shall verify
whether the person is a minor or an interdicted person through examination of the
person's identification card or license certificate issued pursuant to Title 53, Chapter
3, Uniform Driver License Act, or proof of age issued by another state or country.
(2)
(a)
A patron may only purchase an alcoholic product in the licensed premises of a
retail licensee from and be served by an individual who is:
(i)
staff of the retail licensee; and
(ii)
designated and trained by the retail licensee to sell and serve an alcoholic product.
(b)
An individual may sell, offer for sale, or furnish an alcoholic product to a patron only
if the individual is:
(i)
staff of the retail licensee; and
(ii)
designated and trained by the retail licensee to sell and serve an alcoholic product.
(c)
Notwithstanding Subsection
(2)(a)
or
(b)
, a patron who purchases bottled wine from
staff of the retail licensee or carries bottled wine onto the retail licensee's premises
pursuant to
in accordance with
Section
32B-5-307
may thereafter serve wine from
the bottle to the patron or others at the patron's table.
(3)
The following may not purchase an alcoholic product for a patron:
(a)
a retail licensee; or
(b)
staff of a retail licensee.
(4)
After a retail licensee closes the retail licensee's business at the licensed premises, the
retail licensee may transfer the retail licensee's inventory of alcoholic product from that
premises to another premises licensed under this chapter that is owned by the same retail
licensee.
Section 6. Section
32B-7-202
is amended to read:
32B-7-202
Effective
upon governor's approval
. General operational
requirements for off-premise beer retailer.
(1)
(a)
An off-premise beer retailer or staff of the off-premise beer retailer shall comply
with the provisions of this title and any applicable rules made by the commission.
(2)
(b)
Failure to comply with this section may result in a suspension or revocation of a
local license and, on or after July 1, 2018, disciplinary action in accordance with
Chapter 3, Disciplinary Actions and Enforcement Act.
(3)
(2)
(a)
(i)
An off-premise beer retailer may not purchase, acquire, possess for the
purpose of resale, or sell beer, except beer that the off-premise beer retailer
lawfully purchases from:
(A)
a beer wholesaler licensee; or
(B)
a small brewer that manufactures the beer.
(ii)
A violation of Subsection
(2)(a)
(2)(a)(i)
is a class A misdemeanor.
(b)
(i)
If an off-premise beer retailer purchases beer under this Subsection
(2)
from a
beer wholesaler licensee, the off-premise beer retailer shall purchase beer only
from a beer wholesaler licensee who is designated by the manufacturer to sell beer
in the geographical area in which the off-premise beer retailer is located, unless an
alternate wholesaler is authorized by the department to sell to the off-premise beer
retailer as provided in Section
32B-13-301
.
(ii)
A violation of Subsection
(2)(b)
(2)(b)(i)
is a class B misdemeanor.
(4)
(3)
An off-premise beer retailer may not possess, sell, offer for sale, or furnish beer in a
container larger than two liters.
(5)
(4)
(a)
Staff of an off-premise beer retailer, while on duty, may not:
(i)
consume an alcoholic product; or
(ii)
be intoxicated.
(b)
A minor may not sell beer on the licensed premises of an off-premise beer retailer
unless:
(i)
the sale is done under the supervision of a person 21 years old or older who is on
the licensed premises; and
(ii)
the minor is at least 16 years old.
(6)
(5)
An off-premise beer retailer may not sell, offer for sale, or furnish an alcoholic
product to:
(a)
a minor;
(b)
a person actually, apparently, or obviously intoxicated;
(c)
a known interdicted person; or
(d)
a known habitual drunkard.
(7)
(6)
(a)
Subject to the other provisions of this Subsection
(6)
, an off-premise beer
retailer shall:
(i)
display all beer accessible by and visible to a patron in no more than two locations
on the retail sales floor, each of which is:
(A)
a display cabinet, cooler, aisle, floor display, or room where beer is the only
beverage displayed; and
(B)
not adjacent to a display of nonalcoholic beverages, unless the location is a
cooler with a door from which the nonalcoholic beverages are not accessible,
or the beer is separated from the display of nonalcoholic beverages by a display
of one or more nonbeverage products or another physical divider; and
(ii)
display a sign in the area described in Subsection
(6)(a)(i)
that:
(A)
is prominent;
(B)
is easily readable by a consumer;
(C)
meets the requirements for format established by the commission by rule; and
(D)
reads in print that is no smaller than .5 inches, bold type, "These beverages
contain alcohol. Please read the label carefully."
(b)
Notwithstanding Subsection
(6)(a)
, a nonalcoholic beer may be displayed with beer
if the nonalcoholic beer is labeled, packaged, or advertised as a nonalcoholic beer.
(c)
The requirements of this Subsection
(6)
apply to beer notwithstanding that it is
labeled, packaged, or advertised as:
(i)
a malt cooler; or
(ii)
a beverage that may provide energy.
(d)
A violation of this Subsection
(6)
is an infraction.
(e)
(i)
Except as provided in Subsection
(6)(e)(ii)
, the provisions of Subsection
(6)(a)(i)
apply on and after May 9, 2017.
(ii)
For a beer retailer that operates two or more off-premise beer retailers, the
provisions of Subsection
(6)(a)(i)
apply on and after August 1, 2017.
(8)
(7)
(a)
Staff of an off-premise beer retailer who directly supervises the sale of beer
or who sells beer to a patron for consumption off the premises of the off-premise beer
retailer shall wear a unique identification badge:
(i)
on the front of the staff's clothing;
(ii)
visible above the waist;
(iii)
bearing the staff's:
(A)
first or last name;
(B)
initials; or
(C)
unique identification in letters or numbers; and
(iv)
with the number or letters on the unique identification badge being sufficiently
large to be clearly visible and identifiable while engaging in or directly
supervising the retail sale of beer.
(b)
An off-premise beer retailer shall make and maintain a record of each current staff's
unique identification badge assigned by the off-premise beer retailer that includes the
staff's:
(i)
full name;
(ii)
address; and
(iii)
(A)
driver license number; or
(B)
similar identification number.
(c)
An off-premise beer retailer shall make available a record required to be made or
maintained under this Subsection
(7)
for immediate inspection by:
(i)
a peace officer;
(ii)
a representative of the local authority that issues the off-premise beer retailer
license; or
(iii)
for an off-premise beer retailer state license, a representative of the commission
or department.
(d)
A local authority may impose a fine of up to $250 against an off-premise beer
retailer that does not comply or require
its
the off-premise beer retailer's
staff to
comply with this Subsection
(7)
.
(9)
(8)
(a)
An off-premise beer retailer may sell, offer for sale, or furnish beer:
(i)
at a drive-through window;
(ii)
at a drive-up loading area, if the drive-up loading area is contiguous to the
off-premise beer retailer's licensed premises; or
(iii)
subject to Subsection
(8)(b)
, at a designated parking stall.
(b)
(i)
An off-premise beer retailer shall ensure that a parking stall described in
Subsection
(8)(a)(iii)
is:
(A)
located on property that the off-premise beer retailer owns or has a legal right
to occupy;
(B)
designated for picking up pre-ordered items from the off-premise beer retailer;
and
(C)
labeled in a conspicuous manner that communicates the purpose described in
Subsection
(8)(b)(ii)
(8)(b)(i)(B)
.
(ii)
An off-premise beer retailer may not sell, offer for sale, or furnish beer at a
designated parking stall described in Subsection
(8)(a)(iii)
unless:
(A)
the off-premise beer retailer ensures that the individual purchasing the beer
purchases the beer before parking in the designated parking stall;
(B)
the off-premise beer retailer delivers the beer directly from the off-premise
beer retailer's licensed premises to the designated parking stall;
(C)
at the designated parking stall, staff of the off-premise beer retailer verifies the
purchaser's age in accordance with Section
32B-1-407
; and
(D)
the off-premise beer retailer maintains video surveillance of the designated
parking stall.
(c)
Nothing in this Subsection
(8)
modifies the other requirements of this section.
(d)
Staff of an off-premise beer retailer that sells, offers for sale, or furnishes beer in
accordance with this Subsection
(8)
shall comply with the training requirements
described in Section
32B-1-703
.
(10)
(9)
An off-premise beer retailer may not on the licensed premises:
(a)
engage in or permit any form of:
(i)
gambling, as defined in Section
76-9-1401
; or
(ii)
fringe gambling, as defined in Section
76-9-1401
;
(b)
have any fringe gaming device, video gaming device, or gambling device or record
as defined in Section
76-9-1401
; or
(c)
engage in or permit a contest, game, gaming scheme, or gaming device that requires
the risking of something of value for a return or for an outcome when the return or
outcome is based upon an element of chance, excluding the playing of an amusement
device that confers only an immediate and unrecorded right of replay not
exchangeable for value.
(11)
(10)
An off-premise beer retailer may not knowingly allow a person on the licensed
premises to, in violation of Title 58, Chapter 37, Utah Controlled Substances Act, or
Chapter 37a, Utah Drug Paraphernalia Act:
(a)
sell, distribute, possess, or use a controlled substance, as defined in Section
58-37-2
;
or
(b)
use, deliver, or possess, with the intent to deliver, drug paraphernalia, as defined in
Section
58-37a-3
.
(12)
(11)
An off-premise beer retailer may not sell, offer for sale, or furnish a beer that is
intended to be frozen and consumed in a manner other than as a beverage, including beer
in the form of a freeze pop, popsicle, ice cream, or sorbet.
(12)
(a)
Before the sale or furnishing of an alcoholic product to an individual, an
off-premise beer retailer shall require that the individual provide proof of age.
(b)
If the proof of age provided required by Subsection
(12)(a)
is a Utah driver license or
an identification card, the off-premise beer retailer shall verify that the individual is
not an interdicted person.
Section 7. Section
41-6a-505
is amended to read:
41-6a-505
Effective
upon governor's approval
. Sentencing requirements for
driving under the influence of alcohol, drugs, or a combination of both violations.
(1)
As part of any sentence for a first conviction of extreme DUI:
(a)
the court shall:
(i)
(A)
impose a jail sentence of not less than five days; or
(B)
impose a jail sentence of not less than two days in addition to home
confinement of not fewer than 30 consecutive days through the use of
electronic monitoring that includes a substance abuse testing instrument in
accordance with Section
41-6a-506
;
(ii)
order the individual to participate in a screening;
(iii)
order the individual to participate in an assessment, if it is found appropriate by a
screening under Subsection
(1)(a)(ii)
;
(iv)
order the individual to participate in an educational series if the court does not
order substance abuse treatment as described under Subsection
(1)(b)
;
(v)
impose a fine of not less than $700;
(vi)
order probation for the individual in accordance with Section
41-6a-507
;
(vii)
(A)
order the individual to pay the administrative impound fee described in
Section
41-6a-1406
; or
(B)
if the administrative impound fee was paid by a party described in Subsection
41-6a-1406(6)(a)
, other than the individual sentenced, order the individual
sentenced to reimburse the party;
(viii)
(A)
order the individual to pay the towing and storage fees described in
Section
72-9-603
; or
(B)
if the towing and storage fees were paid by a party described in Subsection
41-6a-1406(6)(a)
, other than the individual sentenced, order the individual
sentenced to reimburse the party;
(ix)
unless the court determines and states on the record that an ignition interlock
system is not necessary for the safety of the community and in the best interest of
justice, order the installation of an ignition interlock system as described in
Section
41-6a-518
; and
(x)
designate the individual as an interdicted person for a period of time not to exceed
the probationary period, unless the court finds good cause to order a shorter or
longer time, and require the individual to surrender the individual's
Utah
driver
license or
Utah
identification card; and
(b)
the court may:
(i)
order the individual to obtain substance abuse treatment if the substance abuse
treatment program determines that substance abuse treatment is appropriate;
(ii)
order the individual to participate in a 24-7 sobriety program as defined in
Section
41-6a-515.5
if the individual is 21 years old or older; or
(iii)
order a combination of Subsections
(1)(b)(i)
and
(ii)
.
(2)
(a)
If an individual described in Subsection
(1)
is participating in a 24-7 sobriety
program as defined in Section
41-6a-515.5
, the court may suspend the jail sentence
imposed under Subsection
(1)(a)
.
(b)
If an individual described in Subsection
(1)
fails to successfully complete all of the
requirements of the 24-7 sobriety program, the court shall impose the suspended jail
sentence described in Subsection
(2)(a)
.
(3)
As part of any sentence for any first conviction of Section
41-6a-502
not described in
Subsection
(1)
:
(a)
the court shall:
(i)
(A)
impose a jail sentence of not less than two days; or
(B)
require the individual to work in a compensatory-service work program for
not less than 48 hours;
(ii)
order the individual to participate in a screening;
(iii)
order the individual to participate in an assessment, if it is found appropriate by a
screening under Subsection
(3)(a)(ii)
;
(iv)
order the individual to participate in an educational series if the court does not
order substance abuse treatment as described under Subsection
(3)(b)
;
(v)
impose a fine of not less than $700;
(vi)
(A)
order the individual to pay the administrative impound fee described in
Section
41-6a-1406
; or
(B)
if the administrative impound fee was paid by a party described in Subsection
41-6a-1406(6)(a)
, other than the individual sentenced, order the individual
sentenced to reimburse the party; and
(vii)
(A)
order the individual to pay the towing and storage fees described in
Section
72-9-603
; or
(B)
if the towing and storage fees were paid by a party described in Subsection
41-6a-1406(6)(a)
, other than the individual sentenced, order the individual
sentenced to reimburse the party; and
(b)
the court may:
(i)
order the individual to obtain substance abuse treatment if the substance abuse
treatment program determines that substance abuse treatment is appropriate;
(ii)
order probation for the individual in accordance with Section
41-6a-507
;
(iii)
order the individual to participate in a 24-7 sobriety program as defined in
Section
41-6a-515.5
if the individual is 21 years old or older;
(iv)
order a combination of Subsections
(3)(b)(i)
through
(iii)
; or
(v)
designate the individual as an interdicted person for a period of time not to exceed
the probationary period, unless the court finds good cause to order a shorter or
longer time, and require the individual to surrender the individual's
Utah
driver
license or
Utah
identification card.
(4)
(a)
If an individual described in Subsection
(3)
is participating in a 24-7 sobriety
program as defined in Section
41-6a-515.5
, the court may suspend the jail sentence
imposed under Subsection
(3)(a)
.
(b)
If an individual described in Subsection
(4)(a)
fails to successfully complete all of
the requirements of the 24-7 sobriety program, the court shall impose the suspended
jail sentence described in Subsection
(4)(a)
.
(5)
If an individual has a prior conviction as defined in Section
41-6a-501
that is within 10
years of the current conviction under Section
41-6a-502
or the commission of the
offense upon which the current conviction amounts to extreme DUI:
(a)
the court shall:
(i)
(A)
impose a jail sentence of not less than 20 days;
(B)
impose a jail sentence of not less than 10 days in addition to home
confinement of not fewer than 60 consecutive days through the use of
electronic monitoring that includes a substance abuse testing instrument in
accordance with Section
41-6a-506
; or
(C)
impose a jail sentence of not less than 10 days in addition to ordering the
individual to obtain substance abuse treatment, if the court finds that substance
abuse treatment is more likely to reduce recidivism and is in the interests of
public safety;
(ii)
order the individual to participate in a screening;
(iii)
order the individual to participate in an assessment, if it is found appropriate by a
screening under Subsection
(5)(a)(ii)
;
(iv)
order the individual to participate in an educational series if the court does not
order substance abuse treatment as described under Subsection
(5)(b)
;
(v)
impose a fine of not less than $800;
(vi)
order probation for the individual in accordance with Section
41-6a-507
;
(vii)
order the installation of an ignition interlock system as described in Section
41-6a-518
;
(viii)
(A)
order the individual to pay the administrative impound fee described in
Section
41-6a-1406
; or
(B)
if the administrative impound fee was paid by a party described in Subsection
41-6a-1406(6)(a)
, other than the individual sentenced, order the individual
sentenced to reimburse the party;
(ix)
(A)
order the individual to pay the towing and storage fees described in
Section
72-9-603
; or
(B)
if the towing and storage fees were paid by a party described in Subsection
41-6a-1406(6)(a)
, other than the individual sentenced, order the individual
sentenced to reimburse the party; and
(x)
designate the individual as an interdicted person for a period of time not to exceed
the probationary period, unless the court finds good cause to order a shorter or
longer time, and require the individual to surrender the individual's
Utah
driver
license or
Utah
identification card; and
(b)
the court may:
(i)
order the individual to obtain substance abuse treatment if the substance abuse
treatment program determines that substance abuse treatment is appropriate;
(ii)
order the individual to participate in a 24-7 sobriety program as defined in
Section
41-6a-515.5
if the individual is 21 years old or older; or
(iii)
order a combination of Subsections
(5)(b)(i)
and
(ii)
.
(6)
(a)
If an individual described in Subsection
(5)
is participating in a 24-7 sobriety
program as defined in Section
41-6a-515.5
, the court may suspend the jail sentence
imposed under Subsection
(5)(a)
after the individual has served a minimum of:
(i)
five days of the jail sentence for a second offense; or
(ii)
10 days of the jail sentence for a third or subsequent offense.
(b)
If an individual described in Subsection
(6)(a)
fails to successfully complete all of
the requirements of the 24-7 sobriety program, the court shall impose the suspended
jail sentence described in Subsection
(6)(a)
.
(7)
If an individual has a prior conviction as defined in Section
41-6a-501
that is within 10
years of the current conviction under Section
41-6a-502
or the commission of the
offense upon which the current conviction is based and that does not qualify under
Subsection
(5)
:
(a)
the court shall:
(i)
(A)
impose a jail sentence of not less than 10 days; or
(B)
impose a jail sentence of not less than 5 days in addition to home confinement
of not fewer than 30 consecutive days through the use of electronic monitoring
that includes a substance abuse testing instrument in accordance with Section
41-6a-506
;
(ii)
order the individual to participate in a screening;
(iii)
order the individual to participate in an assessment, if it is found appropriate by a
screening under Subsection
(7)(a)(ii)
;
(iv)
order the individual to participate in an educational series if the court does not
order substance abuse treatment as described under Subsection
(7)(b)
;
(v)
impose a fine of not less than $800;
(vi)
order probation for the individual in accordance with Section
41-6a-507
;
(vii)
(A)
order the individual to pay the administrative impound fee described in
Section
41-6a-1406
; or
(B)
if the administrative impound fee was paid by a party described in Subsection
41-6a-1406(6)(a)
, other than the individual sentenced, order the individual
sentenced to reimburse the party; and
(viii)
(A)
order the individual to pay the towing and storage fees described in
Section
72-9-603
; or
(B)
if the towing and storage fees were paid by a party described in Subsection
41-6a-1406(6)(a)
, other than the individual sentenced, order the individual
sentenced to reimburse the party; and
(b)
the court may:
(i)
order the individual to obtain substance abuse treatment if the substance abuse
treatment program determines that substance abuse treatment is appropriate;
(ii)
order the individual to participate in a 24-7 sobriety program as defined in
Section
41-6a-515.5
if the individual is 21 years old or older;
(iii)
order a combination of Subsections
(7)(b)(i)
and
(ii)
; or
(iv)
designate the individual as an interdicted person for a period of time not to
exceed the probationary period, unless the court finds good cause to order a
shorter or longer time, and require the individual to surrender the individual's
Utah
driver license or
Utah
identification card.
(8)
(a)
If an individual described in Subsection
(7)
is participating in a 24-7 sobriety
program as defined in Section
41-6a-515.5
, the court may suspend the jail sentence
imposed under Subsection
(7)(a)
after the individual has served a minimum of:
(i)
five days of the jail sentence for a second offense; or
(ii)
10 days of the jail sentence for a third or subsequent offense.
(b)
If an individual described in Subsection
(8)(a)
fails to successfully complete all of
the requirements of the 24-7 sobriety program, the court shall impose the suspended
jail sentence described in Subsection
(8)(a)
.
(9)
Under Subsection
41-6a-502(2)(c)
, if the court suspends the execution of a prison
sentence and places the defendant on probation for a conviction of extreme DUI, the
court shall:
(a)
impose a fine of not less than $1,500;
(b)
impose a jail sentence of not less than 120 days;
(c)
order home confinement of not fewer than 120 consecutive days through the use of
electronic monitoring that includes a substance abuse testing instrument in
accordance with Section
41-6a-506
;
(d)
order supervised probation; and
(e)
designate the individual as an interdicted person for a period of time not to exceed
the probationary period, unless the court finds good cause to order a shorter or longer
time, and require the individual to surrender the individual's
Utah
driver license or
Utah
identification card.
(10)
(a)
For Subsection
(9)
or Subsection
41-6a-502(2)(c)(i)
, the court:
(i)
shall impose an order requiring the individual to obtain a screening and
assessment for alcohol and substance abuse, and treatment as appropriate; and
(ii)
may impose an order requiring the individual to participate in a 24-7 sobriety
program as defined in Section
41-6a-515.5
if the individual is 21 years old or
older.
(b)
If an individual described in Subsection
(10)(a)(ii)
fails to successfully complete all
of the requirements of the 24-7 sobriety program, the court shall impose the
suspended prison sentence described in Subsection
(9)
.
(11)
Under Subsection
41-6a-502(2)(c)
, if the court suspends the execution of a prison
sentence and places the defendant on probation with a sentence not described in
Subsection
(9)
, the court shall impose:
(a)
a fine of not less than $1,500;
(b)
a jail sentence of not less than 60 days;
(c)
home confinement of not fewer than 60 consecutive days through the use of
electronic monitoring that includes a substance abuse testing instrument in
accordance with Section
41-6a-506
; and
(d)
supervised probation.
(12)
(a)
(i)
Except as described in Subsection
(12)(a)(ii)
, a court may not suspend the
requirements of this section.
(ii)
A court may suspend requirements as described in Subsection
(2)
, (4), (6), or (8).
(b)
A court, with stipulation of both parties and approval from the judge, may convert a
jail sentence required in this section to electronic home confinement.
(c)
A court may order a jail sentence imposed as a condition of misdemeanor probation
under this section to be served in multiple two-day increments at weekly intervals if
the court determines that separate jail increments are necessary to ensure the
defendant can serve the statutorily required jail term and maintain employment.
(13)
If an individual is convicted of a violation of Section
41-6a-502
and there is admissible
evidence that the individual had a blood or breath alcohol level of .16 or higher, the
court shall order the following, or describe on record why the order or orders are not
appropriate:
(a)
treatment as described under Subsection
(1)(b)
, (3)(b), (5)(b), or (7)(b); and
(b)
one or more of the following:
(i)
the installation of an ignition interlock system as a condition of probation for the
individual in accordance with Section
41-6a-518
;
(ii)
the imposition of an ankle attached continuous transdermal alcohol monitoring
device or remote alcohol monitor as a condition of probation for the individual; or
(iii)
the imposition of home confinement through the use of electronic monitoring in
accordance with Section
41-6a-506
.
Section 8. Section
41-6a-509
is amended to read:
41-6a-509
Effective
upon governor's approval
. Driver license suspension or
revocation for a driving under the influence violation.
(1)
(a)
The Driver License Division shall, if the person is 21 years old or older at the time
of arrest:
(i)
suspend for a period of 120 days the operator's license of a person convicted for
the first time under Section
41-6a-502
or
76-5-102.1
; or
(ii)
revoke for a period of two years the license of a person if:
(A)
the person has a prior conviction as defined under Subsection
41-6a-501(2)
;
and
(B)
the current violation under Section
41-6a-502
,
76-5-102.1
, or
76-5-207
is
committed within a period of 10 years from the date of the prior violation.
(b)
(i)
If a person elects to become an interlock restricted driver under Subsection
53-3-223(10)(a)
, the Driver License Division may not suspend the operator's
license for a violation of Section
41-6a-502
as described in Subsection
(1)(a)(i)

unless the person fails to complete 120 days of the interlock restriction.
(ii)
If a person elects to become an interlock restricted driver under Subsection
53-3-223(10)(a)
, and the person fails to complete the full 120 days of interlock
restriction, the Driver License Division:
(A)
shall suspend the operator's license as described in Subsection
(1)(a)(i)
for a
period of 120 days from the date the ignition interlock system was removed
from the vehicle; and
(B)
may not reduce the 120-day suspension for any days the person was compliant
with the interlock restriction under Subsection
53-3-223(10)(a)
.
(c)
(i)
If a person elects to become an interlock restricted driver under Subsection
41-6a-521(7)
, the Driver License Division may not suspend the operator's license
for a violation of Section
41-6a-502
as described in Subsection
(1)(a)(i)
unless the
person fails to complete three years of the interlock restriction under Subsection
41-6a-521(7)
.
(ii)
If a person elects to become an interlock restricted driver under Subsection
41-6a-521(7)
, and the person fails to complete the full three years of interlock
restriction, the Driver License Division:
(A)
shall suspend the operator's license as described in Subsection
(1)(a)(i)
for a
period of 120 days from the date the ignition interlock system was removed
from the vehicle; and
(B)
may not reduce the 120-day suspension for any days the person was compliant
with the interlock restriction under Subsection
41-6a-521(7)
.
(2)
The Driver License Division shall, if the person is 19 years old or older but under 21
years old at the time of arrest:
(a)
suspend the person's driver license until the person is 21 years old or for a period of
one year, whichever is longer, if the person is convicted for the first time of a
violation under Section
41-6a-502
,
76-5-102.1
, or
76-5-207
of an offense that was
committed on or after July 1, 2011;
(b)
deny the person's application for a license or learner's permit until the person is 21
years old or for a period of one year, whichever is longer, if the person:
(i)
is convicted for the first time of a violation under Section
41-6a-502
,
76-5-102.1
,
or
76-5-207
of an offense committed on or after July 1, 2011; and
(ii)
has not been issued an operator license;
(c)
revoke the person's driver license until the person is 21 years old or for a period of
two years, whichever is longer, if:
(i)
the person has a prior conviction as defined under Subsection
41-6a-501(2)
; and
(ii)
the current violation under Section
41-6a-502
,
76-5-102.1
, or
76-5-207
is
committed within a period of 10 years from the date of the prior violation; or
(d)
deny the person's application for a license or learner's permit until the person is 21
years old or for a period of two years, whichever is longer, if:
(i)
the person has a prior conviction as defined under Subsection
41-6a-501(2)
;
(ii)
the current violation under Section
41-6a-502
,
76-5-102.1
, or
76-5-207
is
committed within a period of 10 years from the date of the prior violation; and
(iii)
the person has not been issued an operator license.
(3)
The Driver License Division shall, if the person is under 19 years old at the time of
arrest:
(a)
suspend the person's driver license until the person is 21 years old if the person is
convicted for the first time of a violation under Section
41-6a-502
,
76-5-102.1
, or
76-5-207
;
(b)
deny the person's application for a license or learner's permit until the person is 21
years old if the person:
(i)
is convicted for the first time of a violation under Section
41-6a-502
,
76-5-102.1
,
or
76-5-207
; and
(ii)
has not been issued an operator license;
(c)
revoke the person's driver license until the person is 21 years old if:
(i)
the person has a prior conviction as defined under Subsection
41-6a-501(2)
; and
(ii)
the current violation under Section
41-6a-502
,
76-5-102.1
, or
76-5-207
is
committed within a period of 10 years from the date of the prior violation; or
(d)
deny the person's application for a license or learner's permit until the person is 21
years old if:
(i)
the person has a prior conviction as defined under Subsection
41-6a-501(2)
;
(ii)
the current violation under Section
41-6a-502
,
76-5-102.1
, or
76-5-207
is
committed within a period of 10 years from the date of the prior violation; and
(iii)
the person has not been issued an operator license.
(4)
The Driver License Division shall suspend or revoke the license of a person as ordered
by the court under Subsection
(9)
.
(5)
The Driver License Division shall subtract from any suspension or revocation period the
number of days for which a license was previously suspended under Section
53-3-223
or
53-3-231
, if the previous suspension was based on the same occurrence upon which the
record of conviction is based.
(6)
If a conviction recorded as impaired driving is amended to a driving under the influence
conviction under Section
41-6a-502
,
76-5-102.1
, or
76-5-207
in accordance with
Subsection
41-6a-502.5(3)(a)(ii)
, the Driver License Division:
(a)
may not subtract from any suspension or revocation any time for which a license was
previously suspended or revoked under Section
53-3-223
or
53-3-231
; and
(b)
shall start the suspension or revocation time under Subsection
(1)
on the date of the
amended conviction.
(7)
A court that reported a conviction of a violation of Section
41-6a-502
,
76-5-102.1
, or
76-5-207
for a violation that occurred on or after July 1, 2009, to the Driver License
Division may shorten the suspension period imposed under Subsection
(2)(a)
or
(b)
or
Subsection
(3)(a)
or
(b)

prior to
before
completion of the suspension period if the
person:
(a)
completes at least six months of the license suspension;
(b)
completes a screening;
(c)
completes an assessment, if it is found appropriate by a screening under Subsection
(7)(b)
;
(d)
completes substance abuse treatment if it is found appropriate by the assessment
under Subsection
(7)(c)
;
(e)
completes an educational series if substance abuse treatment is not required by an
assessment under Subsection
(7)(c)
or the court does not order substance abuse
treatment;
(f)
has not been convicted of a violation of any motor vehicle law in which the person
was involved as the operator of the vehicle during the suspension period imposed
under Subsection
(2)(a)
or
(b)
or Subsection
(3)(a)
or
(b)
;
(g)
has complied with all the terms of the person's probation or all orders of the court if
not ordered to probation; and
(h)
(i)
is 18 years old or older and provides a sworn statement to the court that the
person has not unlawfully consumed alcohol during the suspension period
imposed under Subsection
(2)(a)
or
(b)
or Subsection
(3)(a)
or
(b)
; or
(ii)
is under 18 years old and has the person's parent or legal guardian provide an
affidavit or sworn statement to the court certifying that to the parent or legal
guardian's knowledge the person has not unlawfully consumed alcohol during the
suspension period imposed under Subsection
(2)(a)
or
(b)
or Subsection
(3)(a)
or
(b)
.
(8)
If the court shortens a person's license suspension period in accordance with the
requirements of Subsection
(7)
, the court shall forward the order shortening the person's
suspension period to the Driver License Division in a manner specified by the division
prior to
before
the completion of the suspension period imposed under Subsection
(2)(a)

or
(b)
or Subsection
(3)(a)
or
(b)
.
(9)
(a)
(i)
In addition to any other penalties provided in this section, a court may order
the operator's license of a person who is convicted of a violation of Section
41-6a-502
,
76-5-102.1
, or
76-5-207
to be suspended or revoked for an additional
period of 90 days, 120 days, 180 days, one year, or two years to remove from the
highways those persons who have shown they are safety hazards.
(ii)
The additional suspension or revocation period provided in this Subsection
(9)

shall begin the date on which the individual would be eligible to reinstate the
individual's driving privilege for a violation of Section
41-6a-502
,
76-5-102.1
, or
76-5-207
.
(b)
If the court suspends or revokes the person's license under this Subsection
(9)
, the
court shall prepare and send to the Driver License Division an order to suspend or
revoke that person's driving privileges for a specified period of time.
(10)
(a)
The court shall notify the Driver License Division if a person fails to complete
all court ordered:
(i)
screenings;
(ii)
assessments;
(iii)
educational series;
(iv)
substance abuse treatment; and
(v)
hours of work in a compensatory-service work program.
(b)
Subject to Subsection
53-3-218(3)
, upon receiving the notification described in
Subsection
(10)(a)
, the division shall suspend the person's driving privilege in
accordance with Subsection
53-3-221(2)
.
(11)
(a)
A court that reported a conviction of a violation of Section
41-6a-502
to the
Driver License Division may shorten the suspension or revocation period imposed
under Subsection
(1)
before completion of the suspension or revocation period if the
person:
(i)
is participating in or has successfully completed a 24-7 sobriety program as
defined in Section
41-6a-515.5
;
(ii)
(A)
is participating in or has successfully completed a problem solving court
program approved by the Judicial Council, including a driving under the
influence court program, a drug court program, or a veterans treatment court
program; and
(B)
has elected to become an interlock restricted driver as a condition of probation
during the remainder of the person's suspension or revocation period in
accordance with Section
41-6a-518
; or
(iii)
has had their operator license suspended under Subsection
(1)(a)(i)
, and the court
does not have a problem solving court program approved by the Judicial Council
or access to a 24-7 sobriety program as defined in Section
41-6a-515.5
, if the
person:
(A)
has installed an ignition interlock device in any vehicle owned or driven by
the person in accordance with Section
53-3-1007
; and
(B)
did not inflict bodily injury upon another as a proximate result of having
operated the vehicle in a negligent manner.
(b)
If a court shortens a person's license suspension or revocation period in accordance
with the requirements of this Subsection
(11)
, the court shall forward the order
shortening the person's suspension or revocation period to the Driver License
Division in a manner specified by the division.
(c)
The court shall notify the Driver License Division, in a manner specified by the
Driver License Division, if a person fails to complete or comply with a condition that
allowed the court to shorten the person's license suspension or revocation period
under Subsection
(11)(a)
.
(d)
(i)
(A)
Upon receiving the notification described in Subsection
(11)(c)
, for a
first offense, the division shall suspend the person's driving privilege for a
period of 120 days from the date of notice.
(B)
For a suspension described under Subsection
(11)(d)(i)(A)
, no days shall be
subtracted from the 120-day suspension period for which a driving privilege
was previously suspended under this section or Section
53-3-223
, if the
previous suspension was based on the same occurrence upon which the
conviction under Section
41-6a-502
is based.
(ii)
(A)
Upon receiving the notification described in Subsection
(11)(c)
, for a
second or subsequent offense, the division shall revoke the person's driving
privilege for a period of two years from the date of notice.
(B)
For a license revocation described in Subsection
(11)(d)(ii)(A)
, no days shall
be subtracted from the two-year revocation period for which a driving privilege
was previously revoked under this section or Section
53-3-223
, if the previous
revocation was based on the same occurrence upon which the conviction under
Section
41-6a-502
is based.
(12)
If a court designates a person as an interdicted person as provided in Section
41-6a-505
,
the court shall:
(a)
require the person to surrender the person's
Utah
identification card or
Utah
driver
license;
(b)
notify the Driver License Division that the person is an interdicted person; and
(c)
provide the person's identification card or driver license to the Driver License
Division.
Section 9. Section
53-3-236
is amended to read:
53-3-236
Effective
05/06/26
. Interdicted person identifier -- License notation.
(1)
If the division receives a notification from a court as provided in Section
41-6a-505
,
41-6a-509
,
76-5-102.1
, or
76-5-207
, that an individual is an interdicted person, the
division:
(a)
(i)
may accept an application from the individual for a duplicate license that
includes an interdicted person identifier; and
(ii)
if the individual submits an application and qualifies for a license certificate, may
provide a license certificate with the interdicted person identifier; or
(b)
(i)
may accept an application from the individual for a renewal of a license or an
original license with an interdicted person identifier; and
(ii)
if the individual submits an application and qualifies for a license certificate, may
provide a license certificate with an interdicted person identifier.
(2)
The division may not provide to an individual a license certificate without the
interdicted person identifier during the time period the court has designated the person
as an interdicted person.
(3)
(a)
An individual may voluntarily apply for a duplicate license, original license, or
renewal of a license that includes an interdicted person identifier.
(b)
An individual
that
who
voluntarily applies for a duplicate license, original license,
or renewal of a license with an interdicted person identifier may not apply for another
duplicate license, original license, or renewal of a license without the interdicted
person identifier for at least 30 days after the application for the license certificate
with the interdicted person identifier.
(c)
An individual who voluntarily applies for a duplicate license, original license, or
renewal of a license with an interdicted person identifier is not required to pay the fee
described in Subsection
(5)
.
(4)
An individual may not hold a license certificate with an interdicted person identifier
while also holding another license certificate.
(5)
The
Subject to Subsection
(3)(c)
, the
division may charge an administrative fee as
described in Subsection
53-3-105(40)
to an individual to process and provide a license
certificate with an interdicted person identifier.
(6)
An individual who is designated as an interdicted person by a court is subject to the
duplicate license fee and other fees necessary to administer the license certificate with
the interdicted person identifier.
Section 10. Section
53-3-805
is amended to read:
53-3-805
Effective
05/06/26
. Identification card -- Contents -- Specifications.
(1)
As used in this section:
(a)
"Authorized guardian" means the same as that term is defined in Section
53-3-207
.
(b)
"Health care professional" means the same as that term is defined in Section
53-3-207
.
(c)
"Invisible condition" means the same as that term is defined in Section
53-3-207
.
(d)
"Invisible condition identification symbol" means the same as that term is defined in
Section
53-3-207
.
(2)
(a)
The division shall issue an identification card that bears:
(i)
the distinguishing number assigned to the individual by the division;
(ii)
the name, birth date, and Utah residence address of the individual;
(iii)
a brief description of the individual for the purpose of identification;
(iv)
a photograph of the individual;
(v)
a photograph or other facsimile of the individual's signature;
(vi)
an indication whether the individual intends to make an anatomical gift under
Title 26B, Chapter 8, Part 3, Revised Uniform Anatomical Gift Act
; and
(vii)
if the individual states that the individual is a veteran of the United States
military on the application for an identification card in accordance with Section
53-3-804
and provides verification that the individual received an honorable or
general discharge from the United States Armed Forces, an indication that the
individual is a United States military veteran for a regular identification card or a
limited-term identification card issued on or after July 1, 2011.
(b)
An identification card issued by the division may not bear the individual's social
security number or place of birth.
(3)
(a)
The card shall be of an impervious material, resistant to wear, damage, and
alteration.
(b)
Except as provided under Section
53-3-806
, the size, form, and color of the card is
prescribed by the commissioner.
(4)
At the applicant's request, the card may include a statement that the applicant has a
special medical problem or allergies to certain drugs, for the purpose of medical
treatment.
(5)
(a)
The division shall include or affix an invisible condition identification symbol on
an individual's identification card if the individual or the individual's authorized
guardian, on a form prescribed by the department:
(i)
requests the division to include the invisible condition identification symbol;
(ii)
provides written verification from a health care professional that the individual is
an individual with an invisible condition; and
(iii)
submits a signed waiver of liability for the release of any medical information to:
(A)
the department;
(B)
any person who has access to the individual's medical information as recorded
on the individual's driving record or the Utah Criminal Justice Information
System under this chapter;
(C)
any other person who may view or receive notice of the individual's medical
information by seeing the individual's identification card or the individual's
information in the Utah Criminal Justice Information System;
(D)
a local law enforcement agency that receives a copy of the form described in
this Subsection
(5)(a)
and enters the contents of the form into the local law
enforcement agency's record management system or computer-aided dispatch
system; and
(E)
a dispatcher who accesses the information regarding the individual's invisible
condition through the use of a local law enforcement agency's record
management system or computer-aided dispatch system.
(b)
As part of the form described in Subsection
(5)(a)
, the department shall advise the
individual or the individual's authorized guardian that by submitting the request and
signed waiver, the individual or the individual's authorized guardian consents to the
release of the individual's medical information to any person described in Subsection
(5)(a)(iii)
, even if the person is otherwise ineligible to access the individual's medical
information under state or federal law.
(c)
The division may not:
(i)
charge a fee to include the invisible condition identification symbol on the
individual's identification card; or
(ii)
after including the invisible condition identification symbol on the individual's
previously issued identification card, require the individual to provide subsequent
written verification described in Subsection
(5)(a)(ii)
to include the invisible
condition identification symbol on the individual's extended identification card.
(d)
The division shall confirm with the Division of Professional Licensing that the health
care professional described in Subsection
(5)(a)(ii)
holds a current state license.
(e)
The inclusion of an invisible condition identification symbol on an individual's
identification card in accordance with Subsection
(5)(a)
does not confer any legal
rights or privileges on the individual, including parking privileges for individuals
with disabilities under Section
41-1a-414
.
(f)
For each individual issued an identification card under this section that includes an
invisible condition identification symbol, the division shall include in the division's
database a brief description of the nature of the individual's invisible condition in the
individual's record and provide the brief description to the Utah Criminal Justice
Information System.
(g)
Except as provided in this section, the division may not release the information
described in Subsection
(5)(f)
.
(h)
Within 30 days after the day on which the division receives an individual's or the
individual's authorized guardian's written request, the division shall:
(i)
remove from the individual's record in the division's database the invisible
condition identification symbol and the brief description described in Subsection
(5)(f)
; and
(ii)
provide the individual's updated record to the Utah Criminal Justice Information
System.
(6)
(a)
If the division receives a notification from a court as provided in Section
41-6a-505
,
41-6a-509
,
76-5-102.1
, or
76-5-207
, that an individual is an interdicted
person, the division:
(i)
may accept an application from the individual for an identification card that
includes an interdicted person identifier; and
(ii)
if the individual submits an application and qualifies for an identification card,
may provide an identification card with the interdicted person identifier.
(b)
(i)
An individual may voluntarily apply for an identification card that includes an
interdicted person identifier.
(ii)
An individual
that
who
voluntarily applies for an identification card with an
interdicted person identifier may not apply for another identification card without
the interdicted person identifier for at least 30 days after the application for the
identification card with the interdicted person identifier.
(iii)
An individual who voluntarily applies for an identification card with an
interdicted person identifier is not required to pay the fee described in Subsection
(6)(d)
.
(c)
The division may not provide to an individual an identification card without the
interdicted person identifier during the time period the court has designated the
person as an interdicted person.
(d)
The
Subject to Subsection
(6)(b)(iii)
, the
division may charge an administrative fee
as described in Subsection
53-3-105(40)
to an individual to process and provide an
identification card with an interdicted person identifier.
(e)
An individual who is designated as an interdicted person by a court is subject to the
identification card fee and other fees necessary to administer the identification card
with an interdicted person identifier.
(7)
As provided in Section
63G-2-302
, the information described in Subsection
(5)(a)
is a
private record for purposes of
Title 63G, Chapter 2, Government Records Access and
Management Act
.
(8)
(a)
The indication of intent under Subsection
53-3-804(2)(j)
shall be authenticated by
the applicant in accordance with division rule.
(b)
(i)
Notwithstanding
Title 63G, Chapter 2, Government Records Access and
Management Act
, the division may, upon request, release to an organ procurement
organization, as defined in Section
26B-8-301
, the names and addresses of all
individuals who under Subsection
53-3-804(2)(j)
indicate that they intend to make
an anatomical gift.
(ii)
An organ procurement organization may use released information only to:
(A)
obtain additional information for an anatomical gift registry; and
(B)
inform applicants of anatomical gift options, procedures, and benefits.
(9)
Notwithstanding
Title 63G, Chapter 2, Government Records Access and Management
Act
, the division may release to the Department of Veterans and Military Affairs the
names and addresses of all individuals who indicate their status as a veteran under
Subsection
53-3-804(2)(l)
.
(10)
The division and the division's employees are not liable, as a result of false or
inaccurate information provided under Subsection
53-3-804(2)(j)
or
(l)
, for direct or
indirect:
(a)
loss;
(b)
detriment; or
(c)
injury.
(11)
(a)
The division may issue a temporary regular identification card to an individual
while the individual obtains the required documentation to establish verification of
the information described in Subsections
53-3-804(2)(a)
,
(b)
,
(c)
,
(d)
, and
(i)(i)
.
(b)
A temporary regular identification card issued under this Subsection
(11)
shall be
recognized and grant the individual the same privileges as a regular identification
card.
(c)
A temporary regular identification card issued under this Subsection
(11)
is invalid:
(i)
when the individual's regular identification card has been issued;
(ii)
when, for good cause, an applicant's application for a regular identification card
has been refused; or
(iii)
upon expiration of the temporary regular identification card.
(d)
The division shall coordinate with the Department of Corrections in providing an
inmate with a temporary regular identification card as described in Section
64-13-10.6
.
Section 11. Section
76-5-102.1
is amended to read:
76-5-102.1
Effective
upon governor's approval
. Negligently operating a vehicle
resulting in injury.
(1)
(a)
As used in this section:
(i)
"Controlled substance" means the same as that term is defined in Section
58-37-2
.
(ii)
"Drug" means the same as that term is defined in Section
76-5-207
.
(iii)
"Negligent" or "negligence" means the same as that term is defined in Section
76-5-207
.
(iv)
"Vehicle" means the same as that term is defined in Section
41-6a-501
.
(b)
Terms defined in Section
76-1-101.5
apply to this section.
(2)
An actor commits negligently operating a vehicle resulting in injury if the actor:
(a)
(i)
operates a vehicle in a negligent manner causing bodily injury to another; and
(ii)
(A)
has sufficient alcohol in the actor's body such that a subsequent chemical
test shows that the actor has a blood or breath alcohol concentration of .05
grams or greater at the time of the test;
(B)
is under the influence of alcohol, a drug, or the combined influence of alcohol
and a drug to a degree that renders the actor incapable of safely operating a
vehicle; or
(C)
has a blood or breath alcohol concentration of .05 grams or greater at the time
of operation; or
(b)
(i)
operates a vehicle in a criminally negligent manner causing bodily injury to
another; and
(ii)
has in the actor's body any measurable amount of a controlled substance.
(3)
Except as provided in Subsection
(4)
, a violation of Subsection
(2)
is:
(a)
(i)
a class A misdemeanor;
or
(ii)
a third degree felony if the actor has two or more driving under the influence
related convictions under Subsection
41-6a-501(2)(a)
, each of which is within 10
years of:
(A)
the current conviction; or
(B)
the commission of the offense upon which the current conviction is based;
(iii)
a third degree felony, if the current conviction is at any time after the conviction
of:
(A)
a conviction, as the term conviction is defined in Subsection
41-6a-501(2)
,
that is a felony; or
(B)
any conviction described in Subsection
(3)(a)(iii)(A)
for which judgment of
conviction is reduced under Section
76-3-402
; or
(iv)
a third degree felony if the bodily injury is serious bodily injury; and
(b)
a separate offense for each victim suffering bodily injury as a result of the actor's
violation of this section, regardless of whether the injuries arise from the same
episode of driving.
(4)
An actor is not guilty of negligently operating a vehicle resulting in injury under
Subsection
(2)(b)
if:
(a)
the controlled substance was obtained under a valid prescription or order, directly
from a practitioner while acting in the course of the practitioner's professional
practice, or as otherwise authorized by Title 58, Occupations and Professions;
(b)
the controlled substance is 11-nor-9-carboxy-tetrahydrocannabinol; or
(c)
the actor possessed, in the actor's body, a controlled substance listed in Section
58-37-4.2
if:
(i)
the actor is the subject of medical research conducted by a holder of a valid license
to possess controlled substances under Section
58-37-6
; and
(ii)
the substance was administered to the actor by the medical researcher.
(5)
(a)
A judge imposing a sentence under this section may consider:
(i)
the adult sentencing and supervision length guidelines, as defined in Section
63M-7-401.1
;
(ii)
the defendant's history;
(iii)
the facts of the case;
(iv)
aggravating and mitigating factors; or
(v)
any other relevant fact.
(b)
The judge may not impose a lesser sentence than would be required for a conviction
based on the defendant's history under Section
41-6a-505
.
(c)
The standards for chemical breath analysis under Section
41-6a-515
and the
provisions for the admissibility of chemical test results under Section
41-6a-516

apply to determination and proof of blood alcohol content under this section.
(d)
A calculation of blood or breath alcohol concentration under this section shall be
made in accordance with Subsection
41-6a-502(3)
.
(e)
Except as provided in Subsection
(4)
, the fact that an actor charged with violating
this section is or has been legally entitled to use alcohol or a drug is not a defense.
(f)
Evidence of a defendant's blood or breath alcohol content or drug content is
admissible except if prohibited by the Utah Rules of Evidence, the United States
Constitution, or the Utah Constitution.
(g)
In accordance with Subsection
77-2a-3(8)
, a guilty or no contest plea to an offense
described in this section may not be held in abeyance.
(6)
(a)
A judge imposing a sentence under this section shall designate the defendant as an
interdicted person, as that term is defined in Section
32B-1-102
, for a period of time
not to exceed the probationary period, unless the court finds good cause to order a
shorter or longer time.
(b)
If a court designates a person as an interdicted person as provided in Subsection
(6)(a)
, the court shall:
(i)
require the person to surrender the person's
Utah
identification card or
Utah
driver
license;
(ii)
notify the Driver License Division that the person is an interdicted person; and
(iii)
provide the person's identification card or driver license to the Driver License
Division.
Section 12. Section
76-5-207
is amended to read:
76-5-207
Effective
upon governor's approval
. Automobile homicide -- Penalties
-- Evidence.
(1)
(a)
As used in this section:
(i)
"Controlled substance" means the same as that term is defined in Section
58-37-2
.
(ii)
"Criminally negligent" means the same as that term is described in Subsection
76-2-103(4)
.
(iii)
"Drug" means:
(A)
a controlled substance;
(B)
a drug as defined in Section
58-37-2
; or
(C)
a substance that, when knowingly, intentionally, or recklessly taken into the
human body, can impair the ability of an individual to safely operate a vehicle.
(iv)
"Negligent" or "negligence" means simple negligence, the failure to exercise that
degree of care that reasonable and prudent persons exercise under like or similar
circumstances.
(v)
"Vehicle" means the same as that term is defined in Section
41-6a-501
.
(b)
Terms defined in Section
76-1-101.5
apply to this section.
(2)
An actor commits automobile homicide if the actor:
(a)
(i)
operates a vehicle in a negligent or criminally negligent manner causing the
death of another individual; and
(ii)
(A)
has sufficient alcohol in the actor's body such that a subsequent chemical
test shows that the actor has a blood or breath alcohol concentration of .05
grams or greater at the time of the test;
(B)
is under the influence of alcohol, any drug, or the combined influence of
alcohol and any drug to a degree that renders the actor incapable of safely
operating a vehicle; or
(C)
has a blood or breath alcohol concentration of .05 grams or greater at the time
of operation; or
(b)
(i)
operates a vehicle in a criminally negligent manner causing death to another;
and
(ii)
has in the actor's body any measurable amount of a controlled substance.
(3)
Except as provided in Subsection
(4)
, an actor who violates Subsection
(2)
is guilty of:
(a)
a second degree felony, punishable by a term of imprisonment of not less than five
years nor more than 15 years; and
(b)
a separate offense for each victim suffering death as a result of the actor's violation
of this section, regardless of whether the deaths arise from the same episode of
driving.
(4)
An actor is not guilty of a violation of automobile homicide under Subsection
(2)(b)
if:
(a)
the controlled substance was obtained under a valid prescription or order, directly
from a practitioner while acting in the course of the practitioner's professional
practice, or as otherwise authorized by Title 58, Occupations and Professions;
(b)
the controlled substance is 11-nor-9-carboxy-tetrahydrocannabinol; or
(c)
the actor possessed, in the actor's body, a controlled substance listed in Section
58-37-4.2
if:
(i)
the actor is the subject of medical research conducted by a holder of a valid license
to possess controlled substances under Section
58-37-6
; and
(ii)
the substance was administered to the actor by the medical researcher.
(5)
(a)
A judge imposing a sentence under this section may consider:
(i)
the adult sentencing and supervision length guidelines, as defined in Section
63M-7-401.1
;
(ii)
the defendant's history;
(iii)
the facts of the case;
(iv)
aggravating and mitigating factors; or
(v)
any other relevant fact.
(b)
The judge may not impose a lesser sentence than would be required for a conviction
based on the defendant's history under Section
41-6a-505
.
(c)
The standards for chemical breath analysis as provided by Section
41-6a-515
and the
provisions for the admissibility of chemical test results as provided by Section
41-6a-516
apply to determination and proof of blood alcohol content under this
section.
(d)
A calculation of blood or breath alcohol concentration under this section shall be
made in accordance with Subsection
41-6a-502(3)
.
(e)
Except as provided in Subsection
(4)
, the fact that an actor charged with violating
this section is or has been legally entitled to use alcohol or a drug is not a defense.
(f)
Evidence of a defendant's blood or breath alcohol content or drug content is
admissible except when prohibited by the Utah Rules of Evidence, the United States
Constitution, or the Utah Constitution.
(g)
In accordance with Subsection
77-2a-3(8)
, a guilty or no contest plea to an offense
described in this section may not be held in abeyance.
(6)
If, when imposing a sentence under this section, the court finds that it is in the interest
of justice to suspend the imposition of prison, the court shall detail the finding on the
record, including why a suspended prison sentence is in the interest of justice.
(7)
Notwithstanding Subsection
(3)(a)
, the court may impose a sentence of not less than
three years nor more than 15 years if the court details on the record why it is in the
interest of justice.
(8)
(a)
A judge imposing a sentence under this section shall designate the defendant as an
interdicted person, as that term is defined in Section
32B-1-102
, for a period of time
not to exceed the probationary period, unless the court finds good cause to order a
shorter or longer time.
(b)
If a court designates a person as an interdicted person as provided in Subsection
(8)(a)
, the court shall:
(i)
require the person to surrender the person's
Utah
identification card or
Utah
driver
license;
(ii)
notify the Driver License Division that the person is an interdicted person; and
(iii)
provide the person's identification card or driver license to the Driver License
Division.
Section 13.
Effective Date.
(1)
Except as provided in Subsection (2), this bill takes effect:
(a)
except as provided in Subsection (1)(b),
May 6, 2026
; or
(b)
if approved by two-thirds of all members elected to each house:
(i)
upon approval by the governor;
(ii)
without the governor's signature, the day following the constitutional time limit of
Utah Constitution, Article VII, Section 8; or
(iii)
in the case of a veto, the date of veto override.
(2)
The actions affecting the following sections take effect on
May 6, 2026
:
(a)
Section 53-3-236
Effective
05/06/26
; and
(b)
Section 53-3-805
Effective
05/06/26
.
Section 14.
Retrospective operation.
The following sections have retrospective operation to
January 1, 2026
:
(1)
Section 32B-1-407
Effective
upon governor's approval
Applies beginning
01/01/26
;
(2)
Section 32B-4-405
Effective
upon governor's approval
Applies beginning
01/01/26
;
and
(3)
Section 32B-5-306
Effective
upon governor's approval
Applies beginning
01/01/26
.
Section 15.
Coordinating H.B. 59 with H.B. 597.
If H.B. 59, Identification Verification Amendments, and H.B. 597, Alcohol
Amendments, both pass and become law, the Legislature intends that, on May 6, 2026, the
amendments to Section 32B-1-407 in H.B. 59 supersede the amendments to that section in H.B.
597.
3-11-26 8:18 AM