Hit and Run Amendments

25
41-1a-1101
41-6a-401
41-6a-401.3
41-6a-401.5
41-6a-401.7
41-6a-401.8
41-6a-507
53-3-414
53-10-403
0
Hit and Run Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor:
LONG TITLE
General Description:
This bill increases the penalty for leaving the scene of an accident.
Highlighted Provisions:
This bill:
defines terms;
increases penalties for convictions of leaving the scene of an accident with property
damage or injury if the operator has been previously convicted of:
the same offense; or
driving under the influence; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-1a-1101
, as last amended by Laws of Utah 2025, Chapter 220
41-6a-401
, as last amended by Laws of Utah 2019, Chapters 149, 383
41-6a-401.3
, as last amended by Laws of Utah 2011, Chapter 241
41-6a-401.7
, as last amended by Laws of Utah 2015, First Special Session, Chapter 1
41-6a-507
, as last amended by Laws of Utah 2025, Chapter 214
53-3-414
, as last amended by Laws of Utah 2025, Chapter 296
53-10-403
, as last amended by Laws of Utah 2025, Chapters 173, 208 and 291
ENACTS:
41-6a-401.8
, Utah Code Annotated 1953
REPEALS:
41-6a-401.5
, as last amended by Laws of Utah 2011, Chapter 241
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
41-1a-1101
is amended to read:
41-1a-1101
. Seizure -- Circumstances where permitted -- Impound lot standards.
(1)
As used in this section:
(a)
(i)
"Criminal offense" means a class B misdemeanor offense, a class A
misdemeanor offense, or a felony offense.
(ii)
"Criminal offense" includes:
(A)
a class B misdemeanor offense, a class A misdemeanor offense, or a felony
offense described in Chapter 6a, Traffic Code, Title 53, Chapter 3, Part 2,
Driver Licensing Act, Title 73, Chapter 18, State Boating Act, or Title 76, Utah
Criminal Code; and
(B)
a local ordinance that is a class B misdemeanor and is substantially similar to
an offense listed in Subsection
(1)(a)(ii)(A)
.
(b)
"Operator" means the same as that term is defined in Section
41-6a-102
.
(c)
"Road rage event" means the commission of a criminal offense:
(i)
by an operator of a vehicle;
(ii)
in response to an incident that occurs or escalates upon a roadway; and
(iii)
with the intent to endanger or intimidate an individual in another vehicle.
(d)
"Roadway" means:
(i)
a highway; or
(ii)
a private road or driveway as defined in Section
41-6a-102
.
(2)
The division or any peace officer, without a warrant, may seize and take possession of
any vehicle, vessel, or outboard motor:
(a)
that the division or the peace officer has probable cause to believe has been stolen;
(b)
on which any identification number has been defaced, altered, or obliterated;
(c)
that has been abandoned in accordance with Section
41-6a-1408
;
(d)
for which the applicant has written a check for registration or title fees that has not
been honored by the applicant's bank and that is not paid within 30 days;
(e)
that is placed on the water with improper registration;
(f)
that is being operated on a highway:
(i)
with registration that has been expired for more than three months;
(ii)
having never been properly registered by the current owner; or
(iii)
with registration that is suspended or revoked;
(g)
(i)
that the division or the peace officer has probable cause to believe has been
involved in an accident described in Section
41-6a-401
,
or
41-6a-401.3
, or
41-6a-401.5
; and
(ii)
whose operator did not remain at the scene of the accident until the operator
fulfilled the requirements described in Section
41-6a-401
or
41-6a-401.7
; or
(h)
if the division or peace officer has probable cause to believe that the operator:
(i)
failed to properly display the license plate on a motorcycle as described in Section
41-1a-404.1
; or
(ii)
used the motorcycle:
(A)
to perform a wheelie in violation of Section
41-6a-606.1
; or
(B)
to engage in lane splitting in violation of Section
41-6a-704.1
.
(3)
(a)
The division or a peace officer shall seize and take possession of a vehicle,
without a warrant, when:
(i)
the division or the peace officer has probable cause to believe that an operator of
the vehicle engaged in a road rage event; and
(ii)
the operator of the vehicle has been arrested in conjunction with the road rage
event.
(b)
A peace officer may release a vehicle seized and possessed under Subsection
(3)(a)

to the registered owner of the vehicle if the registered owner is not the individual
subject to arrest under Subsection
(3)(a)
and is immediately available, at the location
of the arrest, to take possession of the vehicle.
(4)
(a)
Subject to the restriction in Subsection
(4)(b)
, the division or any peace officer,
without a warrant:
(i)
shall seize and take possession of any vehicle that is being operated on a highway
without owner's or operator's security in effect for the vehicle as required under
Section
41-12a-301
and the vehicle was involved in an accident; or
(ii)
may seize and take possession of any vehicle that is being operated on a highway
without owner's or operator's security in effect for the vehicle as required under
Section
41-12a-301
after the division or any peace officer makes a reasonable
determination whether the vehicle would:
(A)
present a public safety concern to the operator or any of the occupants in the
vehicle; or
(B)
prevent the division or the peace officer from addressing other public safety
considerations.
(b)
The division or any peace officer may not seize and take possession of a vehicle
under Subsection
(4)(a)
:
(i)
if the operator of the vehicle is not carrying evidence of owner's or operator's
security as defined in Section
41-12a-303.2
in the vehicle unless the division or
peace officer verifies that owner's or operator's security is not in effect for the
vehicle through the Uninsured Motorist Identification Database created in
accordance with Section
41-12a-803
; or
(ii)
if the operator of the vehicle is carrying evidence of owner's or operator's security
as defined in Section
41-12a-303.2
in the vehicle and the Uninsured Motorist
Identification Database created in accordance with Section
41-12a-803
indicates
that the owner's or operator's security is not in effect for the vehicle, unless the
division or a peace officer makes a reasonable attempt to independently verify that
owner's or operator's security is not in effect for the vehicle.
(5)
If necessary for the transportation of a seized vessel, the vessel's trailer may be seized to
transport and store the vessel.
(6)
Any peace officer seizing or taking possession of a vehicle, vessel, or outboard motor
under this section shall comply with the provisions of Section
41-6a-1406
.
(7)
(a)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the commission shall make rules setting standards for public garages, impound lots,
and impound yards that may be used by peace officers and the division.
(b)
The standards shall be equitable, reasonable, and unrestrictive as to the number of
public garages, impound lots, or impound yards per geographical area.
(c)
A crusher, dismantler, or salvage dealer may not operate as a state impound yard
unless the crusher, dismantler, or salvage dealer meets all of the requirements for a
state impound yard set forth in this section and rules made in accordance with
Subsection
(7)(a)
.
(d)
(i)
Rules made by the commission shall include a requirement that a state impound
yard have opaque fencing on any side of the state impound yard that has frontage
with a highway.
(ii)
The opaque fencing described in Subsection
(7)(d)(i)
may be opaque chain link
fencing.
(8)
(a)
Except as provided under Subsection
(8)(b)
, a person may not operate or allow to
be operated a vehicle stored in a public garage, impound lot, or impound yard
regulated under this part without prior written permission of the owner of the vehicle.
(b)
Incidental and necessary operation of a vehicle to move the vehicle from one parking
space to another within the facility and that is necessary for the normal management
of the facility is not prohibited under Subsection
(8)(a)
.
(9)
A person who violates the provisions of Subsection
(8)
is guilty of a class C
misdemeanor.
(10)
The division or the peace officer who seizes a vehicle shall record the mileage shown
on the vehicle's odometer at the time of seizure, if:
(a)
the vehicle is equipped with an odometer; and
(b)
the odometer reading is accessible to the division or the peace officer.
Section 2. Section
41-6a-401
is amended to read:
41-6a-401
. Accident involving property damage -- Duties of operator, occupant,
and owner -- Exchange of information -- Notification of law enforcement -- Penalties.
(1)
As used in this section:
(a)
"Drug" means the same as that term is defined in Section
41-6a-501
.
(b)
"Knowledge" or "with knowledge" means, with respect to an individual's own
conduct or to circumstances surrounding an individual's conduct, that the individual
is aware of the nature of the conduct or the existing circumstances.
(b)
(c)
"Reason to believe" means information from which a reasonable person would
believe that the person may have been involved in an accident.
(2)
(a)
The
An
operator of a vehicle with knowledge that the operator was involved in,
or who has reason to believe that the operator may have been involved in, an accident
resulting only in damage to another vehicle or other property:
(i)
may move the vehicle as soon as possible:
(A)
out of the travel lanes on any roadway to an adjacent shoulder, the nearest
suitable cross street, or other suitable location that does not obstruct traffic; or
(B)
off the freeway main lines, shoulders, medians, or adjacent areas to the nearest
safe location on an exit ramp shoulder, a frontage road, the nearest suitable
cross street, or other suitable location that does not obstruct traffic; and
(ii)
shall remain at the scene of the accident or the location described in Subsection
(2)(a)(i)
until the operator has fulfilled the requirements of this section.
(b)
Moving a vehicle as required under Subsection
(2)(a)(i)
does not affect the
determination of fault for an accident.
(c)
If the operator has knowledge that the operator was involved in, or reason to believe
that the operator may have been involved in, an accident resulting in damage to
another vehicle or other property only after leaving the scene of the accident, the
operator shall immediately comply as nearly as possible with the requirements of this
section.
(3)
Except as provided under Subsection
(6)
, if the vehicle or other property is operated,
occupied, or attended by any person or if the owner of the vehicle or property is present,
the operator of the vehicle involved in the accident shall:
(a)
give to the persons involved:
(i)
the operator's name, address, and the registration number of the vehicle being
operated; and
(ii)
the name of the insurance provider covering the vehicle being operated including
the phone number of the agent or provider; and
(b)
upon request and if available, exhibit the operator's license to:
(i)
any investigating peace officer present;
(ii)
the operator, occupant of, or person attending the vehicle or other property
damaged in the accident; and
(iii)
the owner of property damaged in the accident, if present.
(4)
The operator of a vehicle involved in an accident shall immediately and by the quickest
means of communication available give notice or cause to give notice of the accident to
the nearest office of a law enforcement agency if the accident resulted in property
damage to an apparent extent of $2,500 or more.
(5)
Except as provided under Subsection
(6)
, if the vehicle or other property damaged in the
accident is unattended, the operator of the vehicle involved in the accident shall:
(a)
locate and notify the operator or owner of the vehicle or the owner of other property
damaged in the accident of the operator's name, address, and the registration number
of the vehicle causing the damage; or
(b)
attach securely in a conspicuous place on the vehicle or other property a written
notice giving the operator's name, address, and the registration number of the vehicle
causing the damage.
(6)
The operator of a vehicle that provides the information required under this section to an
investigating peace officer at the scene of the accident is exempt from providing the
information to other persons required under this section.
(7)
An operator of a vehicle that has knowledge or has reason to believe that the operator
may have been involved in an accident and fails to comply with the provisions of this
section is guilty
of a class B misdemeanor
of an offense punishable as described in
Subsection
(8)
.
(8)
(a)
Except as provided in Subsection
(8)(b)
or
(c)
, a violation of Subsection
(7)
is a
class B misdemeanor.
(b)
Except as provided in Subsection
(8)(c)
, a violation of Subsection
(7)
is a class A
misdemeanor if, within 10 years before the day on which the operator committed the
current violation, the operator was convicted of:
(i)
a violation of Subsection
(7)
;
(ii)
a misdemeanor offense relating to the duty to stop and remain at an accident
involving injury or death described in Section
41-6a-401.3
;
(iii)
a misdemeanor offense of driving under the influence described in Section
41-6a-502
; or
(iv)
a misdemeanor offense described in Subsections
41-6a-501(2)(a)(i)
through
(x)
.
(c)
A violation of this section is a third degree felony if the operator, within 10 years
before the day on which the operator committed the current violation:
(i)
was convicted two or more times of:
(A)
a violation of Subsection
(7)
;
(B)
a misdemeanor offense relating to the duty to stop and remain at an accident
involving injury or death described in Section
41-6a-401.3
;
(C)
driving under the influence described in Subsection
41-6a-502(2)(a)
or
(b)
; or
(D)
a misdemeanor offense described in Subsections
41-6a-501(2)(a)(i)
through
(x)
; or
(ii)
was convicted of:
(A)
a felony offense relating to the duty to stop and remain at an accident
involving injury or death described in Section
41-6a-401.3
;
(B)
a class A misdemeanor under Subsection
(8)(b)
, for which judgment of
conviction is subsequently reduced under Section
76-3-402
;
(C)
a felony offense of driving under the influence, described in Section
41-6a-502
;
or
(D)
a felony of an offense described in Subsections
41-6a-501(2)(a)(i)
through
(x)
.
(9)
It is an affirmative defense to an enhanced charge under this section if the individual
accused of a violation described in this section provides the court with proof of a:
(a)
chemical test using the individual's breath, performed within 12 hours of the alleged
time of the violation showing no evidence of alcohol or drugs in the individual's
body; or
(b)
chemical test using the individual's hair, performed within 30 days of the alleged
date of the violation showing no evidence of alcohol or drugs in the individual's body.
(10)
An individual charged with violating Subsection
(7)
who provides proof of a negative
chemical test as described in Subsection
(9)
may only be charged with a class B
misdemeanor under this section.
(11)
When sentencing an operator for a conviction under Subsection
(8)(b)
or
(c)
, the court
shall follow the requirements described in Section
41-6a-401.8
.
Section 3. Section
41-6a-401.3
is amended to read:
41-6a-401.3
. Accident involving injury or death -- Stop at accident -- Penalty.
(1)
As used in this section:
(a)
"Conviction" means the same as that term is defined in Section
77-38b-102
.
(b)
"Drug" means the same as that term is defined in Section
41-6a-501
.
(c)
"Reason to believe" means information from which a reasonable person would
believe that the person may have been involved in an accident.
(b)
(d)
"Serious bodily injury" means bodily injury which involves a substantial risk of
death, unconsciousness, extreme physical pain, protracted and obvious disfigurement,
or protracted loss or impairment of the function of a bodily member, organ, or mental
faculty.
(2)
(a)
The
An
operator of a vehicle who has reason to believe that the operator may
have been involved in an accident resulting in injury to
a person
an individual
shall:
(i)
immediately stop the vehicle at the scene of the accident or as close to it as
possible without obstructing traffic more than is necessary; and
(ii)
remain at the scene of the accident until the operator has fulfilled the
requirements of Section
41-6a-401.7
.
(b)
If the operator has reason to believe that the operator may have been involved in an
accident only after leaving the scene of the accident, the operator shall immediately
comply as nearly as possible with the requirements of Section
41-6a-401.7
.
(3)
(a)
Except as provided in Subsection
(3)(b)
, a person who violates the provisions of
Subsection
(2)
:
(i)
is guilty of a class A misdemeanor if the accident resulted in injury to any person;
and
(ii)
shall be fined not less than $750.
(b)
A person who violates the provisions of Subsection
(2)
:
(i)
is guilty of a third degree felony if the accident resulted in serious bodily injury to
a person; and
(ii)
shall be fined not less than $750.
(3)
An operator who violates Subsection
(2)
is guilty of an offense punishable as described
in Subsection
(4)
.
(4)
(a)
Except as provided in Subsection
(4)(b)
or
(4)(c)
, a violation of Subsection
(2)
is a
class A misdemeanor.
(b)
Except as provided in Subsection
(4)(c)
, a violation of Subsection
(2)
is a third
degree felony if:
(i)
within 10 years before the day on which the operator committed the current
violation, the operator was convicted of two or more previous violations of the
offense described in Subsection
(2)
;
(ii)
the operator has previously been convicted of:
(A)
a felony offense relating to the duty to stop and remain at an accident
involving injury or death, described in this section;
(B)
a felony offense relating to the duty to stop and remain at an accident
involving injury or death, described in this section for which judgment of
conviction is subsequently reduced under Section
76-3-402
;
(C)
an offense of driving under the influence described in Section
41-6a-502
; or
(D)
an offense described in Subsections
41-6a-501(2)(a)(i)
through
(x)
; or
(iii)
the accident results in serious bodily injury to an individual.
(c)
A violation of Subsection
(2)
is a second degree felony if:
(i)
(A)
the accident results in serious bodily injury to an individual; and
(B)
the operator has previously been convicted under this section;
(ii)
within 10 years before the day on which the operator committed the current
violation, the operator was convicted of two or more previous violations of the
offense of driving under the influence described in Section
41-6a-502
; or
(iii)
the accident results in the death of an individual.
(5)
It is an affirmative defense to an enhanced charge under this section if the individual
accused of a violation described in this section provides the court with proof of a:
(a)
chemical test using the individual's breath, performed within 12 hours of the alleged
time of the violation showing no evidence of alcohol or drugs in the individual's
body; or
(b)
chemical test using the individual's hair, performed within 30 days of the alleged
date of the violation showing no evidence of alcohol or drugs in the individual's body.
(6)
(a)
Except as provided in Subsection
(6)(b)
, an individual charged with violating
Subsection
(2)
who provides proof of a negative chemical test as described in
Subsection
(5)
may only be charged with a class A misdemeanor under this section.
(b)
An individual who violates Subsection
(2)
and the accident results in death, shall be
charged according to the provisions of this section, regardless of the result of the
chemical test described in Subsection
(5)
.
(7)
When sentencing an operator for a conviction under Subsection
(4)
, the court shall
follow the requirements described in Section
41-6a-401.8
.
(8)
An operator is guilty of a separate offense for each victim suffering injury or death as a
result of the operator's violation of this section.
Section 4. Section
41-6a-401.7
is amended to read:
41-6a-401.7
. Accident involving injury, death, or property damage -- Duties of
operator, occupant, and owner -- Exchange of information -- Notification of law
enforcement -- Penalties.
(1)
The operator of a vehicle involved in an accident under Section
41-6a-401.3
or
41-6a-401.5

shall:
(a)
give to the persons involved:
(i)
the operator's name, address, and the registration number of the vehicle being
operated; and
(ii)
the name of the insurance provider covering the vehicle being operated including
the phone number of the agent or provider;
(b)
upon request and if available, exhibit the operator's license to:
(i)
any investigating peace officer present;
(ii)
the person struck;
(iii)
the operator, occupant of, or person attending the vehicle or other property
damaged in the accident; and
(iv)
the owner of property damaged in the accident, if present; and
(c)
render to any person injured in the accident reasonable assistance, including
transporting or making arrangements for transporting, of the injured person to a
physician or hospital for medical treatment if:
(i)
it is apparent that treatment is necessary; or
(ii)
transportation is requested by the injured person.
(2)
The operator of a vehicle involved in an accident under Section
41-6a-401.3
or
41-6a-401.5

shall immediately and by the quickest means of communication available
give notice or cause to give notice of the accident to the nearest office of a law
enforcement agency.
(3)
The occupant of a vehicle involved in an accident under Section
41-6a-401.3
or
41-6a-401.5

who is not the operator of the vehicle shall give or cause to give the
immediate notice required under Subsection
(2)
if:
(a)
the operator of a vehicle involved in an accident is physically incapable of giving the
notice; and
(b)
the occupant is capable of giving an immediate notice.
(4)
Except as provided under Subsection
(5)
, if a vehicle or other property damaged in the
accident is unattended, the operator of the vehicle involved in the accident shall:
(a)
locate and notify the operator or owner of the vehicle or the owner of other property
damaged in the accident of the operator's name, address, and the registration number
of the vehicle causing the damage; or
(b)
attach securely in a conspicuous place on the vehicle or other property a written
notice giving the operator's name, address, and the registration number of the vehicle
causing the damage.
(5)
The operator of a vehicle that provides the information required under this section to an
investigating peace officer at the scene of the accident is exempt from providing the
information to other persons required under this section.
(6)
A violation of Subsection
(4)
is a class C misdemeanor.
Section 5. Section
41-6a-401.8
is enacted to read:
41-6a-401.8
. Sentencing requirements for a violation of operator duties at the
scene of an accident violations.
(1)
As used in this section:
(a)
"24-7 sobriety program" means the same as that term is defined in Section
41-6a-515.5
.
(b)
"Assessment" means the same as that term is defined in Section
41-6a-501
.
(c)
"Screening" means the same as that term is defined in Section
41-6a-501
.
(2)
As part of a sentence for a conviction of a class A misdemeanor offense described in
Subsection
41-6a-401(8)(b)
or
41-6a-401.3(4)(a)
:
(a)
the court shall:
(i)
(A)
subject to Subsection
(3)
, 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)
impose a fine of not less than $700;
(iii)
(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
(iv)
(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 participate in a screening;
(ii)
order the individual to participate in an assessment, if an assessment is found
appropriate by a screening under Subsection
(2)(b)(i)
;
(iii)
order the individual to obtain substance abuse treatment if the screening or
assessment described in Subsection
(2)(b)(i)
or
(ii)
determines that substance
abuse treatment is appropriate;
(iv)
order the individual to participate in an educational series if the court does not
order substance abuse treatment under Subsection
(2)(b)(iii)
;
(v)
order probation for the individual in accordance with Section
41-6a-507
; or
(vi)
order the individual to participate in a 24-7 sobriety program if the individual is
21 years old or older.
(3)
(a)
If an individual described in Subsection
(1)
is participating in a 24-7 sobriety
program, the court may suspend the jail sentence imposed under Subsection
(2)(a)
.
(b)
If an individual described in Subsection
(3)(a)
fails to successfully complete all of
the requirements of the 24-7 sobriety program, the court shall impose the sentence
suspended under Subsection
(3)(a)
.
(4)
As part of a sentence for a conviction of a third degree felony offense described in
Subsection
41-6a-401(8)(c)
or
41-6a-401.3(4)(b)
:
(a)
the court shall:
(i)
(A)
subject to Subsection
(5)
, impose a jail sentence of not less than 10 days; or
(B)
impose a jail sentence of not less than five 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 an educational series if the court does not
order substance abuse treatment under Subsection
(4)(b)(iii)
;
(iii)
impose a fine of not less than $800;
(iv)
order probation for the individual in accordance with Section
41-6a-507
;
(v)
(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
(vi)
(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 participate in a screening;
(ii)
order the individual to participate in an assessment, if an assessment is found
appropriate by a screening under Subsection
(4)(b)(i)
;
(iii)
order the individual to obtain substance abuse treatment if the screening or
assessment described in Subsection
(4)(b)(i)
or
(ii)
determines that substance
abuse treatment is appropriate; or
(iv)
order the individual to participate in a 24-7 sobriety program if the individual is
21 years old or older.
(5)
(a)
If an individual described in Subsection
(4)
is participating in a 24-7 sobriety
program, the court may suspend the jail sentence imposed under Subsection
(4)(a)

after the individual has served a minimum of:
(i)
five days of the jail sentence for a second conviction; or
(ii)
10 days of the jail sentence for a third or subsequent conviction.
(b)
If an individual described in Subsection
(5)(a)
fails to successfully complete all of
the requirements of the 24-7 sobriety program, the court shall impose the sentence
suspended under Subsection
(5)(a)
.
(6)
As part of a sentence for a conviction of a second degree felony offense described in
Subsection
41-6a-401.3(4)(c)
:
(a)
the court shall:
(i)
subject to Subsection
(7)
:
(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 than imposing a jail
sentence and is in the interest of public safety;
(ii)
order the individual to participate in an educational series if the court does not
order substance abuse treatment under Subsection
(6)(b)(iii)
;
(iii)
impose a fine of not less than $800;
(iv)
order probation for the individual in accordance with Section
41-6a-507
;
(v)
(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
(vi)
(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 order the individual to:
(i)
participate in a screening;
(ii)
participate in an assessment, if an assessment is found appropriate by a screening
under Subsection
(6)(b)(i)
;
(iii)
obtain substance abuse treatment if the screening or assessment described in
Subsection
(6)(b)(i)
or
(ii)
determines that substance abuse treatment is
appropriate; or
(iv)
participate in a 24-7 sobriety program if the individual is 21 years old or older.
(7)
(a)
If an individual described in Subsection
(6)
is participating in a 24-7 sobriety
program, the court may suspend the jail sentence imposed under Subsection
(6)(a)

after the individual has served a minimum of:
(i)
five days of the jail sentence for a second conviction; or
(ii)
10 days of the jail sentence for a third or subsequent conviction.
(b)
If an individual described in Subsection
(7)(a)
fails to successfully complete all of
the requirements of the 24-7 sobriety program, the court shall impose the sentence
suspended under Subsection
(7)(a)
.
Section 6. Section
41-6a-507
is amended to read:
41-6a-507
. Supervised probation for certain driving under the influence
violations.
(1)
If supervised probation is ordered under Section
41-6a-401.8
,
41-6a-505
,
or
41-6a-517
:
(a)
the court shall specify the period of the probation;
(b)
the person shall pay all of the costs of the probation; and
(c)
the court may order any other conditions of the probation.
(2)
(a)
Subject to Subsection
(2)(b)
, the court shall provide the probation described in this
section by contract with a probation monitoring agency or a private probation
provider.
(b)
If a court determines that a person is subject to supervised probation provided by the
Division of Adult Probation and Parole created in Section
64-14-202
for an offense
other than the offense for which probation is ordered under Section
41-6a-505
or
41-6a-517
, the court may order supervised probation to be provided by the Division
of Adult Probation and Parole.
(3)
The probation provider described in Subsection
(2)
shall monitor the person's
compliance with all conditions of the person's sentence, conditions of probation, and
court orders received under this part and shall notify the court of any failure to comply
with or complete that sentence or those conditions or orders.
(4)
(a)
The court may waive all or part of the costs associated with probation if the
person is determined to be indigent by the court.
(b)
The probation provider described in Subsection
(2)
shall cover the costs of waivers
by the court under Subsection
(4)(a)
.
Section 7. Section
53-3-414
is amended to read:
53-3-414
. CDL disqualification or suspension -- Grounds and duration --
Procedure.
(1)
(a)
An individual who holds or is required to hold a CDL is disqualified from driving
a commercial motor vehicle for a period of not less than one year effective seven
days from the date of notice to the driver if convicted of a first offense of:
(i)
driving a motor vehicle while impaired or under the influence of alcohol, drugs, a
controlled substance, or more than one of these;
(ii)
driving a commercial motor vehicle while the concentration of alcohol in the
individual's blood, breath, or urine is .04 grams or more;
(iii)
leaving the scene of an accident involving a motor vehicle the individual was
driving;
(iv)
failing to provide reasonable assistance or identification when involved in an
accident resulting in
:
personal injury or death in accordance with Section
41-6a-401.3
;
(A)
personal injury in accordance with Section
41-6a-401.3
; or
(B)
death in accordance with Section
41-6a-401.5
;
(v)
using a motor vehicle in the commission of a felony;
(vi)
refusal to submit to a test to determine the concentration of alcohol in the
individual's blood, breath, or urine;
(vii)
driving a commercial motor vehicle while the individual's commercial driver
license is disqualified in accordance with the provisions of this section for
violating an offense described in this section; or
(viii)
operating a commercial motor vehicle in a negligent manner causing the death
of another including the offenses of manslaughter under Section
76-5-205
,
negligent homicide under Section
76-5-206
, or automobile homicide under
Section
76-5-207
.
(b)
The division shall subtract from any disqualification period under Subsection
(1)(a)(i)

the number of days for which a license was previously disqualified under Subsection
(1)(a)(ii)
or
(14)
if the previous disqualification was based on the same occurrence
upon which the record of conviction is based.
(2)
If any of the violations under Subsection
(1)
occur while the driver is transporting a
hazardous material required to be placarded, the driver is disqualified for not less than
three years.
(3)
(a)
Except as provided under Subsection
(4)
, a driver of a motor vehicle who holds or
is required to hold a CDL is disqualified for life from driving a commercial motor
vehicle if convicted of or administrative action is taken for two or more of any of the
offenses under Subsection
(1)
or
(14)
arising from two or more separate incidents.
(b)
An individual who is convicted of or administrative action is taken for an offense
under Subsection
(5)
:
(i)
is disqualified for life from driving a commercial motor vehicle; and
(ii)
may not be reinstated under Subsection
(4)
.
(c)
Subsection
(3)(a)
applies only to those offenses committed after July 1, 1989.
(4)
(a)
Any driver disqualified for life from driving a commercial motor vehicle under
this section may apply to the division for reinstatement of the driver's CDL if the
driver:
(i)
has both voluntarily enrolled in and successfully completed an appropriate
rehabilitation program that:
(A)
meets the standards of the division; and
(B)
complies with 49 C.F.R. Sec. 383.51;
(ii)
has served a minimum disqualification period of 10 years; and
(iii)
has fully met the standards for reinstatement of commercial motor vehicle
driving privileges established by rule of the division.
(b)
If a reinstated driver is subsequently convicted of another disqualifying offense
under this section, the driver is permanently disqualified for life and is ineligible to
again apply for a reduction of the lifetime disqualification.
(5)
A driver of a motor vehicle who holds or is required to hold a CDL is disqualified for
life from driving a commercial motor vehicle if the driver uses a motor vehicle in the
commission of any felony involving:
(a)
the manufacturing, distributing, or dispensing of a controlled substance; or
(b)
an act or practice of severe forms of trafficking in persons as defined and described
in 22 U.S.C. Sec. 7102(11).
(6)
(a)
Subject to Subsection
(6)(b)
, a driver of a commercial motor vehicle who holds or
is required to hold a CDL is disqualified for not less than:
(i)
60 days from driving a commercial motor vehicle if the driver is convicted of two
serious traffic violations; and
(ii)
120 days if the driver is convicted of three or more serious traffic violations.
(b)
The disqualifications under Subsection
(6)(a)
are effective only if the serious traffic
violations:
(i)
occur within three years of each other;
(ii)
arise from separate incidents; and
(iii)
involve the use or operation of a commercial motor vehicle.
(c)
If a driver of a commercial motor vehicle who holds or is required to hold a CDL is
disqualified from driving a commercial motor vehicle and the division receives notice
of a subsequent conviction for a serious traffic violation that results in an additional
disqualification period under this Subsection
(6)
, the subsequent disqualification
period is effective beginning on the ending date of the current serious traffic violation
disqualification period.
(7)
(a)
A driver of a commercial motor vehicle who is convicted of violating an
out-of-service order while driving a commercial motor vehicle is disqualified from
driving a commercial motor vehicle for a period not less than:
(i)
180 days if the driver is convicted of a first violation;
(ii)
two years if, during any 10 year period, the driver is convicted of two violations
of out-of-service orders in separate incidents;
(iii)
three years but not more than five years if, during any 10 year period, the driver
is convicted of three or more violations of out-of-service orders in separate
incidents;
(iv)
180 days but not more than two years if the driver is convicted of a first violation
of an out-of-service order while transporting hazardous materials required to be
placarded or while operating a motor vehicle designed to transport 16 or more
passengers, including the driver; or
(v)
three years but not more than five years if, during any 10 year period, the driver is
convicted of two or more violations, in separate incidents, of an out-of-service
order while transporting hazardous materials required to be placarded or while
operating a motor vehicle designed to transport 16 or more passengers, including
the driver.
(b)
A driver of a commercial motor vehicle who is convicted of a first violation of an
out-of-service order is subject to a civil penalty of not less than $2,500.
(c)
A driver of a commercial motor vehicle who is convicted of a second or subsequent
violation of an out-of-service order is subject to a civil penalty of not less than $5,000.
(8)
A driver of a commercial motor vehicle who holds or is required to hold a CDL is
disqualified for not less than 60 days if the division determines, in its check of the
driver's driver license status, application, and record prior to issuing a CDL or at any
time after the CDL is issued, that the driver has falsified information required to apply
for a CDL in this state.
(9)
A driver of a commercial motor vehicle who is convicted of violating a
railroad-highway grade crossing provision under Section
41-6a-1205
, while driving a
commercial motor vehicle is disqualified from driving a commercial motor vehicle for a
period not less than:
(a)
60 days if the driver is convicted of a first violation;
(b)
120 days if, during any three-year period, the driver is convicted of a second
violation in separate incidents; or
(c)
one year if, during any three-year period, the driver is convicted of three or more
violations in separate incidents.
(10)
(a)
The division shall update its records and notify the CDLIS within 10 days of
suspending, revoking, disqualifying, denying, or cancelling a CDL to reflect the
action taken.
(b)
When the division suspends, revokes, cancels, or disqualifies a nonresident CDL, the
division shall notify the licensing authority of the issuing state or other jurisdiction
and the CDLIS within 10 days after the action is taken.
(c)
When the division suspends, revokes, cancels, or disqualifies a CDL issued by this
state, the division shall notify the CDLIS within 10 days after the action is taken.
(11)
(a)
The division may immediately suspend or disqualify the CDL of a driver without
a hearing or receiving a record of the driver's conviction when the division has reason
to believe that the:
(i)
CDL was issued by the division through error or fraud;
(ii)
applicant provided incorrect or incomplete information to the division;
(iii)
applicant cheated on any part of a CDL examination;
(iv)
driver no longer meets the fitness standards required to obtain a CDL; or
(v)
driver poses an imminent hazard.
(b)
Suspension of a CDL under this Subsection
(11)
shall be in accordance with Section
53-3-221
.
(c)
If a hearing is held under Section
53-3-221
, the division shall then rescind the
suspension order or cancel the CDL.
(12)
(a)
Subject to Subsection
(12)(b)
, a driver of a motor vehicle who holds or is
required to hold a CDL is disqualified for not less than:
(i)
60 days from driving a commercial motor vehicle if the driver is convicted of two
serious traffic violations; and
(ii)
120 days if the driver is convicted of three or more serious traffic violations.
(b)
The disqualifications under Subsection
(12)(a)
are effective only if the serious traffic
violations:
(i)
occur within three years of each other;
(ii)
arise from separate incidents; and
(iii)
result in a denial, suspension, cancellation, or revocation of the non-CDL driving
privilege from at least one of the violations.
(c)
If a driver of a motor vehicle who holds or is required to hold a CDL is disqualified
from driving a commercial motor vehicle and the division receives notice of a
subsequent conviction for a serious traffic violation that results in an additional
disqualification period under this Subsection
(12)
, the subsequent disqualification
period is effective beginning on the ending date of the current serious traffic violation
disqualification period.
(13)
(a)
Upon receiving a notice that an individual has entered into a plea of guilty or no
contest to a violation of a disqualifying offense described in this section which plea is
held in abeyance pursuant to a plea in abeyance agreement, the division shall
disqualify, suspend, cancel, or revoke the individual's CDL for the period required
under this section for a conviction of that disqualifying offense, even if the charge
has been subsequently reduced or dismissed in accordance with the plea in abeyance
agreement.
(b)
The division shall report the plea in abeyance to the CDLIS within 10 days of taking
the action under Subsection
(13)(a)
.
(c)
A plea which is held in abeyance may not be removed from an individual's driving
record for 10 years from the date of the plea in abeyance agreement, even if the
charge is:
(i)
reduced or dismissed in accordance with the plea in abeyance agreement; or
(ii)
expunged under Title 77, Chapter 40a, Expungement of Criminal Records.
(14)
The division shall disqualify the CDL of a driver for an arrest of a violation of Section
41-6a-502
when administrative action is taken against the operator's driving privilege
pursuant to Section
53-3-223
for a period of:
(a)
one year; or
(b)
three years if the violation occurred while transporting hazardous materials.
(15)
The division may concurrently impose any disqualification periods that arise under this
section while a driver is disqualified by the Secretary of the United States Department of
Transportation under 49 C.F.R. Sec. 383.52 for posing an imminent hazard.
Section 8. Section
53-10-403
is amended to read:
53-10-403
. DNA specimen analysis -- Application to offenders, including minors.
(1)
Sections
53-10-403.6
,
53-10-404
,
53-10-404.5
,
53-10-405
, and
53-10-406
apply to:
(a)
a person who has pled guilty to or has been convicted of any of the offenses under
Subsection
(2)(a)
or
(b)
on or after July 1, 2002;
(b)
a person who has pled guilty to or has been convicted by any other state or by the
United States government of an offense which if committed in this state would be
punishable as one or more of the offenses listed in Subsection
(2)(a)
or
(b)
on or after
July 1, 2003;
(c)
a person who has been booked on or after January 1, 2011, through December 31,
2014, for any offense under Subsection
(2)(c)
;
(d)
a person who has been booked:
(i)
by a law enforcement agency that is obtaining a DNA specimen on or after May
13, 2014, through December 31, 2014, under Subsection
53-10-404(4)(b)
for any
felony offense; or
(ii)
on or after January 1, 2015, for any felony offense; or
(e)
a minor:
(i)
(A)
who is adjudicated by the juvenile court for an offense described in
Subsection
(2)
that is within the jurisdiction of the juvenile court on or after
July 1, 2002; or
(B)
who is adjudicated by the juvenile court for an offense described in
Subsection
(2)
and is in the legal custody of the Division of Juvenile Justice
and Youth Services for the offense on or after July 1, 2002; and
(ii)
who is 14 years old or older at the time of the commission of the offense
described in Subsection
(2)
.
(2)
Offenses referred to in Subsection
(1)
are:
(a)
any felony or class A misdemeanor under the Utah Code;
(b)
any offense under Subsection
(2)(a)
:
(i)
for which the court enters a judgment for conviction to a lower degree of offense
under Section
76-3-402
; or
(ii)
regarding which the court allows the defendant to enter a plea in abeyance as
defined in Section
77-2a-1
; or
(c)
(i)
any violent felony as defined in Section
53-10-403.5
;
(ii)
sale or use of body parts, Section
26B-8-315
;
(iii)
failure to stop at an accident that resulted in death, Section
41-6a-401.5
41-6a-401.3
;
(iv)
operating a motor vehicle with any amount of a controlled substance in an
individual's body and causing serious bodily injury or death, as codified before
May 4, 2022, Laws of Utah 2021, Chapter 236, Section 1, Subsection
58-37-8(2)(g)
;
(v)
a felony violation of enticing a minor, Section
76-5-417
;
(vi)
negligently operating a vehicle resulting in injury, Subsection
76-5-102.1(2)(b)
;
(vii)
a felony violation of propelling a substance or object at a correctional officer, a
peace officer, or an employee or a volunteer, including health care providers,
Section
76-5-102.6
;
(viii)
automobile homicide, Subsection
76-5-207(2)(b)
;
(ix)
aggravated human trafficking, Section
76-5-310
, and aggravated human
smuggling, Section
76-5-310.1
;
(x)
a felony violation of unlawful sexual activity with a minor, Section
76-5-401
;
(xi)
a felony violation of sexual abuse of a minor, Section
76-5-401.1
;
(xii)
unlawful sexual contact with a 16 or 17-year old, Section
76-5-401.2
;
(xiii)
sale of a child, Section
76-7-203
;
(xiv)
aggravated escape, Section
76-8-309.3
;
(xv)
a felony violation of threatened or attempted assault on an elected official,
Section
76-8-313
;
(xvi)
threat with intent to impede, intimidate, interfere, or retaliate against a judge or
a member of the Board of Pardons and Parole or acting against a family member
of a judge or a member of the Board of Pardons and Parole, Section
76-8-316
;
(xvii)
assault with intent to impede, intimidate, interfere, or retaliate against a judge
or a member of the Board of Pardons and Parole or acting against a family
member of a judge or a member of the Board of Pardons and Parole, Section
76-8-316.2
;
(xviii)
aggravated assault with intent to impede, intimidate, interfere, or retaliate
against a judge or a member of the Board of Pardons and Parole or acting against
a family member of a judge or a member of the Board of Pardons and Parole,
Section
76-8-316.4
;
(xix)
attempted murder with intent to impede, intimidate, interfere, or retaliate
against a judge or a member of the Board of Pardons and Parole or acting against
a family member of a judge or a member of the Board of Pardons and Parole,
Section
76-8-316.6
;
(xx)
advocating criminal syndicalism or sabotage, Section
76-8-902
;
(xxi)
assembling for advocating criminal syndicalism or sabotage, Section
76-8-903
;
(xxii)
a felony violation of sexual battery, Section
76-5-418
;
(xxiii)
a felony violation of lewdness involving a child, Section
76-5-420
;
(xxiv)
a felony violation of abuse or desecration of a dead human body, Section
76-5-802
;
(xxv)
manufacture, possession, sale, or use of a weapon of mass destruction, Section
76-15-302
;
(xxvi)
manufacture, possession, sale, or use of a hoax weapon of mass destruction,
Section
76-15-303
;
(xxvii)
possession of a concealed firearm in the commission of a violent felony,
Subsection
76-11-202(3)(c)
;
(xxviii)
assault with the intent to commit bus hijacking with a dangerous weapon as
described in Subsection
76-9-1503(3)(b)
;
(xxix)
aggravated commercial obstruction, Section
76-9-114
;
(xxx)
a felony violation of failure to register as a sex or kidnap offender, Section
53-29-305
;
(xxxi)
repeat violation of a protective order, Subsection
77-36-1.1(4)
; or
(xxxii)
violation of condition for release after arrest under Section
78B-7-802
.
Section 9.
Repealer.
Accident involving death -- Stop at accident -- Penalty.
Section 10.
Effective Date.
This bill takes effect on
May 6, 2026
.
1-29-26 8:07 AM