Hit and Run and DUI Offense Amendments

31
41-1a-1101
41-6a-401
41-6a-401.3
41-6a-401.5
41-6a-401.7
41-6a-401.8
41-6a-505
41-6a-507
41-6a-521
41-6a-532
53-3-105
53-3-223
53-3-231
53-3-414
53-3-418
53-10-403
0
Hit and Run and DUI Offense Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: Todd Weiler
LONG TITLE
General Description:
This bill increases the penalty for leaving the scene of an accident and modifies deadlines
for an administrative driver license hearing following an individual's arrest for driving under
the influence.
Highlighted Provisions:
This bill:
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;
creates a mitigation against an enhanced offense for an individual who obtains a negative
chemical test;
allows the Driver License Division to request a peace officer's presence for a driver
license suspension hearing; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
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-505
, as last amended by Laws of Utah 2025, Chapter 471
41-6a-507
, as last amended by Laws of Utah 2025, Chapter 214
41-6a-521
, as last amended by Laws of Utah 2024, Chapter 153
53-3-105
, as last amended by Laws of Utah 2025, Chapter 471
53-3-223
, as last amended by Laws of Utah 2025, Chapter 296
53-3-231
, as last amended by Laws of Utah 2020, Chapter 177
53-3-414
, as last amended by Laws of Utah 2025, Chapter 296
53-3-418
, as last amended by Laws of Utah 2019, Chapter 77
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
41-6a-532
, 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)
"Conviction" means the same as that term is defined in Section
77-38b-102
.
(a)
(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 Subsection
(7)
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)
;
(C)
a class A misdemeanor under Subsection
(8)(b)
, for which judgment of
conviction is subsequently reduced under Section
76-3-402
;
(D)
a felony offense of driving under the influence, described in Section
41-6a-502
;
or
(E)
a felony of an offense described in Subsections
41-6a-501(2)(a)(i)
through
(x)
.
(9)
Notwithstanding any other provision of this section, an enhancement under this section
based on one or more prior convictions is not applicable if, no later than six hours after
the accident occurred, the operator voluntarily reports the accident to a law enforcement
agency having jurisdiction over the location where the accident occurred.
(10)
In addition to any other factor authorized by law, the fact that an operator self-reported
the accident to a law enforcement agency, regardless of the time elapsed since the
accident, is a mitigating factor for purposes of sentencing.
(11)
When sentencing an operator convicted under Subsection
(8)(b)
or
(c)
, the court shall
comply with 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)
"Bodily injury" means the same as that term is defined in Section
76-1-101.5
.
(a)
(b)
"Conviction" means the same as that term is defined in Section
77-38b-102
.
(c)
"Reason to believe" means information from which a reasonable
person
individual

would believe that the
person
individual
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 if the accident resulted in injury to an individual.
(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)
(a)
Except as provided in Subsection
(5)(b)
, but notwithstanding any other provision
of this section, an enhancement under this section based on one or more prior
convictions is not applicable if, no later than six hours after the accident occurred, the
operator voluntarily reports the accident to a law enforcement agency having
jurisdiction over the location where the accident occurred.
(b)
Subsection
(5)(a)
does not affect any enhancement or penalty based on the existence
of bodily injury, serious bodily injury, or death.
(6)
In addition to any other factor authorized by law, the fact that an operator self-reported
the accident to a law enforcement agency, regardless of the time elapsed since the
accident, is a mitigating factor for purposes of sentencing.
(7)
When sentencing an operator convicted under Subsection
(4)
, the court shall comply
with Section
41-6a-401.8
.
(8)
An operator is guilty of a separate offense for each victim who suffers injury or death
because 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
(2)
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-505
is amended to read:
41-6a-505
. 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 driver license
or 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 driver license
or 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 driver license
or 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
driver license or 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 driver license or
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
.
(14)
If a court enters a class A misdemeanor or felony conviction that meets the definition
of extreme DUI:
(a)
the sentencing court shall note the extreme DUI in the judgment of commitment; and
(b)
the Board of Pardons and Parole shall consider the extreme DUI when calculating
the sentencing guideline.
Section 7. 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 8. Section
41-6a-521
is amended to read:
41-6a-521
. Revocation hearing for refusal -- Appeal.
(1)
(a)
A person
An individual
who has been notified of the Driver License Division's
intention to revoke the
person's
individual's
license under Section
41-6a-520
is
entitled to a hearing.
(b)
A request for the hearing shall be made
An individual shall request to be heard
in
writing within 10 calendar days after the day on which
notice is provided
a peace
officer provides notice
.
(c)
Upon request in a manner specified by the Driver License Division, the Driver
License Division shall grant to the
person
individual
an opportunity to be heard
within
29
45
days after the date of arrest.
(d)
If the
person
individual
does not make a request for a hearing before the Driver
License Division under this Subsection
(1)
, the
person's
individual's
privilege to
operate a motor vehicle in the state is revoked beginning on the
45th
60th
day after
the date of arrest:
(i)
for
a person
an individual
21 years old or older on the date of arrest, for a period
of:
(A)
except as provided in Subsection
(1)(d)(i)(B)
or
(9)
, 18 months; or
(B)
36 months if the
person
individual
previously committed an offense that
occurred within the
preceding
10 years from the date of the arrest that resulted
in a:
(I)
license sanction under Section
41-6a-517
,
41-6a-520
,
41-6a-530
,
53-3-223
,
or
53-3-231
;
(II)
conviction under Section
41-6a-502
or a statute previously in effect in this
state that would constitute a violation of Section
41-6a-502
;
(III)
conviction for an offense under Section
76-5-102.1
; or
(IV)
conviction for an offense under Section
76-5-207
; or
(ii)
for
a person
an individual
under 21 years old on the date of arrest:
(A)
except as provided in Subsection
(1)(d)(ii)(B)
, until the
person
individual
is
21 years old or for a period of two years, whichever is longer; or
(B)
until the
person
individual
is 21 years old or for a period of 36 months,
whichever is longer, if the
person
individual
previously committed an offense
that occurred within the
preceding
10 years from the date of the arrest that
resulted in a:
(I)
license sanction under Section
41-6a-517
,
41-6a-520
,
41-6a-530
,
53-3-223
,
or
53-3-231
;
or
(II)
conviction for an offense under Section
41-6a-502
or a statute previously
in effect in this state that would constitute a violation of Section
41-6a-502
;
(III)
conviction for an offense under Section
76-5-102.1
; or
(IV)
conviction for an offense under Section
76-5-207
.
(2)
(a)
Except as provided in Subsection
(2)(b)
,
if a hearing is requested by the person
if
an individual requests a hearing
, the
hearing shall be conducted by the
Driver
License Division
shall hold the hearing
in:
(i)
the county in which the offense occurred; or
(ii)
a county which is adjacent to the county in which the offense occurred.
(b)
The Driver License Division may hold a hearing in
some other
another
county if the
Driver License Division and the
person
individual
both agree.
(3)
The
hearing shall be documented
Driver License Division shall document the hearing

and shall cover the issues of:
(a)
whether a peace officer had reasonable grounds to believe that
a person
an individual

was operating a motor vehicle in violation of Section
41-6a-502
,
41-6a-517
,
41-6a-530
, or
53-3-231
; and
(b)
whether the
person
individual
refused to submit to
the
a
test
or tests under
as
described in
Section
41-6a-520
.
(4)
(a)
In connection with the hearing, the
division
Driver License Division
or
its
the
Driver License Division's
authorized agent:
(i)
may administer oaths and may issue subpoenas for the attendance of witnesses and
the production of relevant
books and papers
documents
; and
(ii)
shall issue subpoenas for the attendance of necessary peace officers.
(b)
The Driver License Division shall pay witness fees and mileage from the
Transportation Fund in accordance with the rates established in Section
78B-1-119
.
(5)
(a)
If after a hearing, the Driver License Division determines that the
person
individual
was requested to submit to a chemical test or tests and refused to submit to
the test or tests, or if the
person
individual
fails to appear before the Driver License
Division as required in the notice, the Driver License Division shall revoke the
person's
individual's
license or permit to operate a motor vehicle in Utah beginning
on the date the hearing is held:
(i)
for
a person
an individual
21 years old or older on the date of arrest, for a period
of:
(A)
except as provided in Subsection
(5)(a)(i)(B)
or
(9)
, 18 months; or
(B)
36 months if the
person
individual
previously committed an offense that
occurred within the
preceding
10 years from the date of the arrest that resulted
in a:
(I)
license sanction under Section
41-6a-517
,
41-6a-520
,
41-6a-530
,
53-3-223
,
or
53-3-231
;
(II)
conviction under Section
41-6a-502
or a statute previously in effect in this
state that would constitute a violation of Section
41-6a-502
;
(III)
conviction for an offense under Section
76-5-102.1
; or
(IV)
conviction for an offense under Section
76-5-207
; or
(ii)
for
a person under
an individual younger than
21 years
of age
old
on the date of
arrest:
(A)
except as provided in Subsection
(5)(a)(ii)(B)
, until the
person
individual
is
21 years old or for a period of two years, whichever is longer; or
(B)
until the
person
individual
is 21 years old or for a period of 36 months,
whichever is longer, if the
person
individual
previously committed an offense
that occurred within the
preceding
10 years from the date of the arrest that
resulted in a:
(I)
license sanction under Section
41-6a-517
,
41-6a-520
,
41-6a-530
,
53-3-223
,
or
53-3-231
;
(II)
conviction under Section
41-6a-502
or a statute previously in effect in this
state that would constitute a violation of Section
41-6a-502
;
(III)
conviction for an offense under Section
76-5-102.1
; or
(IV)
conviction for an offense under Section
76-5-207
.
(b)
The Driver License Division shall also assess against the person, in addition to any
fee imposed under Subsection
53-3-205(12)
, a fee under Section
53-3-105
, which
shall be paid before the person's driving privilege is reinstated, to cover
administrative costs.
(c)
The
fee shall be cancelled
Driver License Division shall void the fee described in
Subsection
(5)(b)
if the
person
individual
obtains an unappealed court decision
following a proceeding allowed under Subsection
(2)
that the revocation was
improper.
(6)
(a)
Any person
An individual
whose license has been revoked by the Driver License
Division under this section following an administrative hearing may
seek judicial
review
file a petition for judicial review as described in Section
53-3-224
within 30
days after the Driver License Division issues a suspension order
.
(b)
Judicial review of an informal adjudicative proceeding is a trial.
(c)
Venue is in the district court in the county in which the offense occurred.
(7)
If the Driver License Division revokes
a person's
an individual's
driving privilege
under Subsection
(1)(d)(i)(A)
, (1)(d)(ii)(A), (5)(a)(i)(A), or (5)(a)(ii)(A), the
person
individual
may petition the division and elect to become an ignition interlock restricted
driver after the driver serves at least 90 days of the revocation if the
person
individual
:
(a)
has a valid driving privilege, with the exception of the revocation under Subsection
(1)(d)(i)(A)
, (1)(d)(ii)(A), (5)(a)(i)(A), or (5)(a)(ii)(A);
(b)
installs an ignition interlock device in any vehicle owned or driven by the
person
individual
in accordance with Section
53-3-1007
;
(c)
pays the license reinstatement application fees described in Subsections
53-3-105(26)

and
(27)
;
(d)
pays the appropriate original license fees under Section
53-3-105
; and
(e)
completes the license application process including successful completion of
required testing.
(8)
(a)
A person
An individual
who elects to become an ignition interlock restricted
driver under Subsection
(7)
shall remain an ignition interlock restricted driver for a
period of
three
two
years.
(b)
If the
person
individual
described under Subsection
(8)(a)
removes an ignition
interlock device from a vehicle owned or driven by the
person
individual

prior to
the
expiration of the
three-year
two-year
ignition interlock restriction period and does
not install a new ignition interlock device from the same or a different ignition
interlock provider within 24 hours:
(i)
the
person's
individual's
driving privilege shall be revoked under Subsection
(1)(d)(i)(A)
, (1)(d)(ii)(A), (5)(a)(i)(A), or (5)(a)(ii)(A) for a period of 18 months
from the date the ignition interlock device was removed from the vehicle;
(ii)
no days may be subtracted from the 18-month revocation period under Subsection
(8)(b)(i)
for any days the
person
individual
was in compliance with the interlock
restriction under Subsection
(7)
;
(iii)
the
person
individual
is required to pay the license reinstatement application fee
under Subsection
53-3-105(26)
; and
(iv)
the
person
individual
may not elect to become an ignition interlock restricted
driver under this section.
(9)
(a)
Notwithstanding the provisions in Subsection
(1)(d)(i)(A)
or
(5)(a)(i)(A)
, the
division shall reinstate
a person's
an individual's
driving privilege before completion
of the revocation period imposed under Subsection
(1)(d)(i)(A)
or
(5)(a)(i)(A)
if:
(i)
the reporting court notifies the Driver License Division that the
person
individual

is participating in or has successfully completed a 24-7 sobriety program as
defined in Section
41-6a-515.5
;
(ii)
the
person
individual
has served at least 90 days of the revocation under
Subsection
(1)(d)(i)(A)
or
(5)(a)(i)(A)
; and
(iii)
the
person
individual
has a valid driving privilege, with the exception of the
revocation under Subsection
(1)(d)(i)(A)
or
(5)(a)(i)(A)
.
(b)
If
a person's
an individual's
driving privilege is reinstated under Subsection
(9)(a)
,
the
person
individual
is required to:
(i)
install an ignition interlock device in any vehicle owned or driven by the
person
individual
in accordance with Section
53-3-1007
;
(ii)
pay the license reinstatement application fees described in Subsections
53-3-105(26)
and
(27)
;
(iii)
pay the appropriate original license fees under Section
53-3-105
; and
(iv)
complete the license application process including successful completion of
required testing.
(c)
If the reporting court notifies the Driver License Division that
a person
an individual

has failed to complete all requirements of the 24-7 sobriety program, the division:
(i)
shall revoke the
person's
individual's
driving privilege under Subsection
(1)(d)(i)(A)
or
(5)(a)(i)(A)
for a period of 18 months from the date of the notice;
and
(ii)
may not subtract any days from the 18-month revocation period for:
(A)
days during which the
person's
individual's
driving privilege previously was
revoked; or
(B)
days during which the
person
individual
was compliant with the 24-7
sobriety program.
(10)
A driver license reinstatement before completion of the revocation period authorized
under this section does not apply to a CDL disqualification imposed under Section
53-3-414
.
Section 9. Section
41-6a-532
is enacted to read:
41-6a-532
. DUI reporting system requirements.
(1)
As used in this section, "electronic DUI reporting system" means a software platform or
electronic form used by a law enforcement agency to generate, submit, or store reports
related to an investigation or arrest for driving under the influence under this part.
(2)
A vendor that provides an electronic DUI reporting system to a law enforcement agency
shall ensure that the electronic DUI reporting system is capable of being updated to
conform with statutory changes affecting offenses under this part.
(3)
A vendor described in Subsection
(2)
shall implement any update or change required to
conform with a statutory change no later than the effective date of the statutory change.
Section 10. Section
53-3-105
is amended to read:
53-3-105
. Fees for licenses, renewals, extensions, reinstatements, rescheduling,
and identification cards.
Except as provided in Subsection
(39)
, the following fees apply under this chapter:
(1)
An original class D license application under Section
53-3-205
is $52.
(2)
An original provisional license application for a class D license under Section
53-3-205

is $39.
(3)
An original limited term license application under Section
53-3-205
is $32.
(4)
An original application for a motorcycle endorsement under Section
53-3-205
is $18.
(5)
An original application for a taxicab endorsement under Section
53-3-205
is $14.
(6)
A learner permit application under Section
53-3-210.5
is $19.
(7)
A renewal of a class D license under Section
53-3-214
is $52 unless Subsection
(12)

applies.
(8)
A renewal of a provisional license application for a class D license under Section
53-3-214
is $52.
(9)
A renewal of a limited term license application under Section
53-3-214
is $32.
(10)
A renewal of a motorcycle endorsement under Section
53-3-214
is $18.
(11)
A renewal of a taxicab endorsement under Section
53-3-214
is $14.
(12)
A renewal of a class D license for an individual 65 and older under Section
53-3-214
is
$27.
(13)
An extension of a class D license under Section
53-3-214
is $42 unless Subsection
(17)

applies.
(14)
An extension of a provisional license application for a class D license under Section
53-3-214
is $42.
(15)
An extension of a motorcycle endorsement under Section
53-3-214
is $18.
(16)
An extension of a taxicab endorsement under Section
53-3-214
is $14.
(17)
An extension of a class D license for an individual 65 and older under Section
53-3-214

is $22.
(18)
An original or renewal application for a commercial class A, B, or C license or an
original or renewal of a provisional commercial class A or B license under Part 4,
Uniform Commercial Driver License Act, is $52.
(19)
A commercial class A, B, or C license skills test is $78.
(20)
Each original CDL endorsement for passengers, hazardous material, double or triple
trailers, or tankers is $9.
(21)
An original CDL endorsement for a school bus under Part 4, Uniform Commercial
Driver License Act, is $9.
(22)
A renewal of a CDL endorsement under Part 4, Uniform Commercial Driver License
Act, is $9.
(23)
(a)
A retake of a CDL knowledge test provided for in Section
53-3-205
is $26.
(b)
A retake of a CDL skills test provided for in Section
53-3-205
is $52.
(24)
A retake of a CDL endorsement test provided for in Section
53-3-205
is $9.
(25)
A duplicate class A, B, C, or D license certificate under Section
53-3-215
is $23.
(26)
(a)
A license reinstatement application under Section
53-3-205
is $40.
(b)
A license reinstatement application under Section
53-3-205
for an alcohol, drug, or
combination of alcohol and any drug-related offense is $45 in addition to the fee
under Subsection
(26)(a)
.
(27)
(a)
(i)
An administrative fee for license reinstatement after an alcohol, drug, or
combination of alcohol and any drug-related offense under Section
41-6a-520
,
53-3-223
, or
53-3-231
or an alcohol, drug, or combination of alcohol and any
drug-related offense under Part 4, Uniform Commercial Driver License Act, is
$255
$262
.
(ii)
Seven dollars of the fee described in Subsection
(27)(a)(i)
shall be deposited into
the General Fund.
(b)
This
The
administrative fee
described in Subsection
(27)(a)(i)

is in addition to the
fees under Subsection
(26)
.
(28)
(a)
An administrative fee for providing the driving record of a driver under Section
53-3-104
or
53-3-420
is $8.
(b)
The division may not charge for a report furnished under Section
53-3-104
to a
municipal, county, state, or federal agency.
(29)
A rescheduling fee under Section
53-3-205
or
53-3-407
is $25.
(30)
(a)
Except as provided under Subsections
(30)(b)
and
(c)
, an identification card
application under Section
53-3-808
is $23.
(b)
An identification card application under Section
53-3-808
for a person with a
disability, as defined in 42 U.S.C. Sec. 12102, is $17.
(c)
A fee may not be charged for an identification card application if the individual
applying:
(i)
(A)
has not been issued a Utah driver license;
(B)
is indigent; and
(C)
is at least 18 years old;
(ii)
submits written verification that the individual is homeless, as defined in Section
26B-3-207
, a person who is homeless, as defined in Section
35A-5-302
, or a child
or youth who is homeless, as defined in 42 U.S.C. Sec. 11434a(2), from:
(A)
a homeless shelter, as defined in Section
35A-16-305
;
(B)
a permanent housing, permanent, supportive, or transitional facility, as defined
in Section
35A-5-302
;
(C)
the Department of Workforce Services; or
(D)
a local educational agency liaison for homeless children and youth designated
under 42 U.S.C. Sec. 11432(g)(1)(J)(ii); or
(iii)
is under 26 years old and submits written verification that the individual:
(A)
is in the custody of the Division of Child and Family Services; or
(B)
was in the custody of the Division of Child and Family Services but is no
longer in the custody of the Division of Child and Family Services due to the
individual's age.
(31)
(a)
An extension of a regular identification card under Subsection
53-3-807
(4) for a
person with a disability, as defined in 42 U.S.C. Sec. 12102, is $17.
(b)
The fee described in Subsection
(31)(a)
is waived if the applicant submits written
verification that the individual is homeless, as defined in Section
26B-3-207
, or a
person who is homeless, as defined in Section
35A-5-302
, or a child or youth who is
homeless, as defined in 42 U.S.C. Sec. 11434a(2), from:
(i)
a homeless shelter, as defined in Section
35A-16-305
;
(ii)
a permanent housing, permanent, supportive, or transitional facility, as defined in
Section
35A-5-302
;
(iii)
the Department of Workforce Services;
(iv)
a homeless service provider as verified by the Department of Workforce Services
as described in Section
26B-8-113
; or
(v)
a local educational agency liaison for homeless children and youth designated
under 42 U.S.C. Sec. 11432(g)(1)(J)(ii).
(32)
(a)
An extension of a regular identification card under Subsection
53-3-807(5)
is
$23.
(b)
The fee described in Subsection
(32)(a)
is waived if the applicant submits written
verification that the individual is homeless, as defined in Section
26B-3-207
, or a
person who is homeless, as defined in Section
35A-5-302
, from:
(i)
a homeless shelter, as defined in Section
35A-16-305
;
(ii)
a permanent housing, permanent, supportive, or transitional facility, as defined in
Section
35A-5-302
;
(iii)
the Department of Workforce Services; or
(iv)
a homeless service provider as verified by the Department of Workforce Services
as described in Section
26B-8-113
.
(33)
In addition to any license application fees collected under this chapter, the division
shall impose on individuals submitting fingerprints in accordance with Section
53-3-205.5
the fees that the Bureau of Criminal Identification is authorized to collect for
the services the Bureau of Criminal Identification provides under Section
53-3-205.5
.
(34)
An original mobility vehicle permit application under Section
41-6a-1118
is $30.
(35)
A renewal of a mobility vehicle permit under Section
41-6a-1118
is $30.
(36)
A duplicate mobility vehicle permit under Section
41-6a-1118
is $12.
(37)
An original driving privilege card application under Section
53-3-207
is $32.
(38)
A renewal of a driving privilege card application under Section
53-3-207
is $23.
(39)
A fee may not be charged for an original class D license application, original
provisional license application for a class D license, or a learner permit application if the
individual applying is:
(a)
under
the
26 years old; and
(b)
submits written verification that the individual:
(i)
is in the custody of the Division of Child and Family Services; or
(ii)
was in the custody of the Division of Child and Family Services but is no longer
in the custody of the Division of Child and Family Services due to the individual's
age.
(40)
An administrative fee to add an interdicted person identifier to a license certificate
under Section
53-3-236
or identification card under Section
53-3-805
is $7.
Section 11. Section
53-3-223
is amended to read:
53-3-223
. Chemical test for driving under the influence -- Temporary license --
Hearing and decision -- Suspension and fee -- Judicial review.
(1)
(a)
If a peace officer has reasonable grounds to believe that an individual may be
violating or has violated Section
41-6a-502
,
41-6a-517
,
76-5-102.1
, or
76-5-207
, the
peace officer may,
in connection with
when
arresting the individual, request that the
individual submit to a chemical test or tests to be administered in compliance with
the standards under
Section
41-6a-520
.
(b)
In this section, a reference to Section
41-6a-502
includes any similar local ordinance
adopted in compliance with Subsection
41-6a-510(1)
.
(2)
The peace officer shall advise an individual
prior to
before
the individual's submission
to a chemical test that a test result
indicating
showing:
(a)
a violation of Section
41-6a-502
,
41-6a-517
,
76-5-102.1
, or
76-5-207
shall
,
result
in suspension or revocation of the individual's driver license;
and
(b)
the existence of a blood alcohol content sufficient to render the individual incapable
of safely driving a motor vehicle may
,
result in suspension or revocation of the
individual's
license to drive a motor vehicle
driver license
.
(3)
If the individual submits to a chemical test and the test results
indicate
show
a blood or
breath alcohol content in violation of Section
41-6a-502
,
41-6a-517
,
76-5-102.1
, or
76-5-207
, or if a peace officer
makes a determination
determines
, based on reasonable
grounds, that the individual is otherwise in violation of Section
41-6a-502
,
76-5-102.1
,
or
76-5-207
, a peace officer shall, on behalf of the division and within 24 hours of arrest,
give notice of the division's intention to suspend the individual's license to drive a motor
vehicle.
(4)
When a peace officer gives notice on behalf of the division, the peace officer shall
supply to the driver, in a manner specified by the division,
basic
information regarding
how to obtain a prompt hearing before the division.
(5)
As a matter of procedure, a peace officer shall send to the division within 10 calendar
days after the day on which
notice is provided
the peace officer provides notice
:
(a)
a copy of the citation issued for the offense;
(b)
a signed report in a manner specified by the division
indicating
showing
the
chemical test results, if any; and
(c)
any other basis for the peace officer's determination that the individual has violated
Section
41-6a-502
,
41-6a-517
,
76-5-102.1
, or
76-5-207
.
(6)
(a)
(i)
Upon request
by an individual,
in a manner specified by the division, the
division shall grant to the individual an opportunity to be heard within
29
45
days
after the date of arrest.
(ii)
The
individual shall

submit a
request to be heard
shall be made
within 10
calendar days
of
after
the day on which
notice is provided
the peace officer
provides notice
under Subsection
(5)
.
(b)
(i)
Except as provided in Subsection
(6)(b)(ii)
,
a hearing, if held, shall be before
the division
if the division holds a hearing, the division shall hold the hearing
in:
(A)
the county in which the arrest occurred; or
(B)
a county that is adjacent to the county in which the arrest occurred.
(ii)
The division may hold a hearing in
some other
another
county if the division
and the individual both agree.
(c)
The
division shall document the
hearing
shall be documented
and shall cover the
issues of:
(i)
whether a peace officer had reasonable grounds to believe the individual was
driving a motor vehicle in violation of Section
41-6a-502
,
41-6a-517
,
76-5-102.1
,
or
76-5-207
;
(ii)
whether the individual refused to submit to
the
a
test; and
(iii)
the test results, if any.
(d)
(i)
In connection with a hearing
,
the division or
its
the division's
authorized agent:
(A)
may administer oaths and may issue subpoenas for the attendance of witnesses
and the production of relevant
books and papers
documents
;
or
and
(B)
may issue subpoenas for the attendance of necessary peace officers.
(ii)
The division shall pay witness fees and mileage from the Transportation Fund in
accordance with the rates established in Section
78B-1-119
.
(e)
The division may designate one or more employees to conduct the hearing.
(f)
Any decision made after a hearing before any designated employee
After a hearing,
a determination made by an authorized agent
is
as
valid
and binding
as if made by
the division.
(7)
(a)
If, after a hearing, the division determines that a peace officer had reasonable
grounds to believe that the individual was driving a motor vehicle in violation of
Section
41-6a-502
,
41-6a-517
,
76-5-102.1
, or
76-5-207
, if the individual failed to
appear before the division as required in the notice, or if a hearing is not requested
under this section, the division shall:
(i)
if the individual is 21 years old or older at the time of arrest, suspend the
individual's license or permit to operate a motor vehicle for a period of:
(A)
120 days beginning on the
45th
60th
day after the date of arrest for a first
suspension; or
(B)
two years beginning on the
45th
60th
day after the date of arrest for a second
or subsequent suspension for an offense that occurred within the previous 10
years; or
(ii)
if the individual is under 21 years old at the time of arrest:
(A)
suspend the individual's license or permit to operate a motor vehicle:
(I)
for a period of six months, beginning on the
45th
60th
day after the date of
arrest for a first suspension; or
(II)
until the individual is 21 years old or for a period of two years, whichever
is longer, beginning on the
45th
60th
day after the date of arrest for a
second or subsequent suspension for an offense that occurred within the
previous 10 years; or
(B)
deny the individual's application for a license or learner's permit:
(I)
for a period of six months beginning on the
45th
60th
day after the date of
the arrest for a first suspension, if the individual has not been issued an
operator license; or
(II)
until the individual is 21 years old or for a period of two years, whichever
is longer, beginning on the
45th
60th
day after the date of arrest for a
second or subsequent suspension for an offense that occurred within the
previous 10 years.
(b)
(i)
Notwithstanding
the provisions in
Subsection
(7)(a)(i)(A)
, the division shall
reinstate an individual's license
prior to
before
completion of the 120 day
suspension period imposed under Subsection
(7)(a)(i)(A)
:
(A)
immediately upon receiving written verification of the individual's dismissal
of a charge for a violation of Section
41-6a-502
,
41-6a-517
,
76-5-102.1
, or
76-5-207
, if the written verification is received
prior to
before
completion of
the suspension period; or
(B)
no sooner than 60 days beginning on the
45th
60th
day after the date of arrest
upon receiving written verification of the individual's reduction of a charge for
a violation of Section
41-6a-502
,
41-6a-517
,
76-5-102.1
, or
76-5-207
, if the
written verification is received
prior to
before
completion of the suspension
period.
(ii)
Notwithstanding
the provisions in
Subsection
(7)(a)(i)(A)
, the division shall
reinstate an individual's license
prior to
before
completion of the 120-day
suspension period imposed under Subsection
(7)(a)(i)(A)
immediately upon
receiving written verification of the individual's conviction of impaired driving
under Section
41-6a-502.5
if:
(A)
the written verification is received
prior to
before
completion of the
suspension period; and
(B)
the reporting court notifies the
Driver License Division
division
that the
defendant is participating in or has successfully completed the program of a
driving under the influence court as defined in Section
41-6a-501
.
(iii)
If an individual's license is reinstated under
If the division reinstates the
individual's license as described in
this Subsection
(7)(b)
, the individual
is
required to
shall
pay the license reinstatement application fees under Subsections
53-3-105(26)
and (27).
(iv)
The driver license reinstatements authorized under this Subsection
(7)(b)
only
apply to a 120-day suspension period imposed under Subsection
(7)(a)(i)(A)
.
(v)
A driver license reinstatement authorized under this Subsection
(7)(b)
does not
apply to a CDL disqualification imposed under Section
53-3-414
.
(8)
(a)
(i)
The division shall assess against an individual, in addition to
any
a
fee
imposed under Subsection
53-3-205(12)
for driving under the influence, a fee
under Section
53-3-105
to cover administrative costs, which shall be paid before
the individual's driving privilege is reinstated.
(ii)

This fee shall be cancelled
The division shall void the fee described in
Subsection
(8)(a)(i)

if the individual obtains an unappealed division hearing or
court decision that the suspension was
not proper
improper
.
(b)
An individual whose license has been suspended by the division under this section
following an administrative hearing may file a petition
for judicial review as
described in Subsection
53-3-224

within 30 days after the
division issues an order of
suspension
for a hearing on the matter which, if held, is governed by Section
53-3-224
.
(9)
(a)
Notwithstanding
the provisions in
Subsection
(7)(a)(i)
, the division shall
reinstate an individual's license before completion of the suspension period imposed
under Subsection
(7)(a)(i)
if:
(i)
(A)
the reporting court notifies the
Driver License Division
division
that the
individual is participating in or has successfully completed a 24-7 sobriety
program as defined in Section
41-6a-515.5
; or
(B)
the reporting court notifies the
Driver License Division
division
that the
individual 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 or a drug court program, and has elected to become an
interlock restricted driver as a condition of probation during the remainder of
the individual's suspension period in accordance with Section
41-6a-518
; and
(ii)
the individual has a valid driving privilege,
with the exception of
except for
the
suspension under Subsection
(7)(a)(i)
.
(b)
If
an
the division reinstates an
individual's license
is reinstated under
as described
in
Subsection
(9)(a)
, the individual
is required to
shall
pay the license reinstatement
application fees under Subsections
53-3-105(26)
and (27).
(10)
(a)
If the division suspends an individual's license for an alcohol related offense
under Subsection
(7)(a)(i)(A)
, the individual may petition the division and elect to
become an ignition interlock restricted driver if the individual:
(i)
has a valid driving privilege, with the exception of the suspension under
Subsection
(7)(a)(i)(A)
;
(ii)
installs an ignition interlock device in any vehicle owned or driven by the
individual in accordance with Section
53-3-1007
; and
(iii)
pays the license reinstatement application fees described in Subsections
53-3-105(26)
and (27).
(b)
(i)
The individual shall remain an ignition interlock restricted driver for a period of
120 days from the original effective date of the suspension under Subsection
(7)(a)(i)(A)
.
(ii)
If the individual removes an ignition interlock device from a vehicle owned or
driven by the individual
prior to
before
the expiration of the 120-day ignition
interlock restriction period and does not install a new ignition interlock device
from the same or a different provider within 24 hours:
(A)
the division shall suspend
the individual's driver license
shall be suspended
under
as described in
Subsection
(7)(a)(i)(A)
for the remainder of the 120-day
ignition interlock restriction period;
(B)
the individual
is required to
shall
pay the license reinstatement application
fee under Subsection
53-3-105(26)
; and
(C)
the individual may not elect to become an ignition interlock restricted driver
under this section.
(c)
If an individual elects to become an ignition interlock restricted driver under
Subsection
(10)(a)
, the provisions under Subsection
(7)(b)
do not apply.
(11)
(a)
If the division suspends an individual's license for an alcohol related offense
under Subsection
(7)(a)(i)(B)
, the individual may petition the division and elect to
become an ignition interlock restricted driver after the driver serves at least 90 days
of the suspension if the individual:
(i)
was charged with a violation of Section
41-6a-502
that is a misdemeanor;
(ii)
has a valid driving privilege, with the exception of the suspension under
Subsection
(7)(a)(i)(B)
;
(iii)
installs an ignition interlock device in any vehicle owned or driven by the
individual in accordance with Section
53-3-1007
; and
(iv)
pays the license reinstatement application fees described in Subsections
53-3-105(26)
and
(27)
;
.
(b)
(i)
The individual shall remain an ignition interlock restricted driver for a period of
two years from the original effective date of the suspension under Subsection
(7)(a)(i)(B)
.
(ii)
If the individual removes an ignition interlock device from a vehicle owned or
driven by the individual
prior to
before
the expiration of the two-year ignition
interlock restriction period and does not install a new ignition interlock device
from the same or a different provider within 24 hours:
(A)
the division shall suspend
the individual's driver license
shall be suspended
under
as described in
Subsection
(7)(a)(i)(B)
for the remainder of the two-year
ignition interlock restriction period;
(B)
the individual
is required to
shall
pay the license reinstatement application
fee under Subsection
53-3-105(26)
; and
(C)
the individual may not elect to become an ignition interlock restricted driver
under this section.
(c)
Notwithstanding Subsections
(11)(a)
and
(b)
, if
a court convicts
the individual
is
subsequently convicted
of the violation of Section
41-6a-502
that
gave rise to
prompted
the suspension under Subsection
(7)(a)(i)(B)
, the division shall revoke the
individual's license under Subsection
41-6a-509(1)(a)(ii)
, and the individual is no
longer an ignition interlock restricted driver under this Subsection
(11)
.
(12)
(a)
Notwithstanding
the provisions in
Subsection
(7)(a)(i)(B)
, the division shall
reinstate an individual's license
prior to
before
completion of the two-year
suspension period imposed under Subsection
(7)(a)(i)(B)
immediately upon receiving
written verification of the individual's dismissal of a charge for a violation of Section
41-6a-502
,
41-6a-517
,
76-5-102.1
, or
76-5-207
, if the written verification is received
prior to
before
completion of the suspension period.
(b)
If the individual elected to become an ignition interlock restricted driver under
Subsection
(11)
, and the division receives written verification of the individual's
dismissal of a charge for violation of Section
41-6a-502
, the driver is no longer an
ignition interlock restricted driver under Subsection
(11)(b)(i)
, and the division shall
reinstate the individual's license
prior to
before
the completion of the two-year
ignition interlock restriction period under Subsection
(11)(b)(i)
.
(13)
A driver license reinstatement before completion of the suspension period authorized
under this section does not apply to a CDL disqualification imposed under Section
53-3-414
.
Section 12. Section
53-3-231
is amended to read:
53-3-231
. Person under 21 may not operate a vehicle or motorboat with
detectable alcohol in body -- Chemical test procedures -- Temporary license -- Hearing
and decision -- Suspension of license or operating privilege -- Fees -- Judicial review --
Referral to local substance abuse authority or program.
(1)
(a)
As used in this section:
(i)
"Local substance abuse authority"
has the same meaning as provided
means the
same as that term is defined
in Section
62A-15-102
.
(ii)
"Substance abuse program" means
any
a
substance abuse program licensed by
the Department of Human Services or the Department of Health and approved by
the local substance abuse authority.
(b)
Calculations of blood, breath, or urine alcohol concentration under this section shall
be made in accordance with
the procedures in
Subsection
41-6a-502(1)
.
(2)
(a)
A person
An individual
younger than 21
years of age
years old
may not operate
or be in actual physical control of a vehicle or motorboat with any measurable blood,
breath, or urine alcohol concentration in the
person's
individual's
body as shown by
a chemical test.
(b)
A person
An individual
who violates Subsection
(2)(a)
, in addition to any other
applicable penalties arising out of the incident, shall have the
person's
individual's

operator license denied or suspended as provided in Subsection
(7)
.
(3)
(a)
When a peace officer has reasonable grounds to believe that
a person
an
individual
may be violating or has violated Subsection
(2)
, the peace officer may,
in
connection with
when
arresting the
person
individual
for a violation of Section
32B-4-409
, request that the
person
individual
submit to a chemical test or tests to be
administered in compliance with
the standards under
Section
41-6a-520
.
(b)
The peace officer shall advise
a person prior to the person's
an individual before the
individual's
submission to a chemical test that a test result indicating a violation of
Subsection
(2)(a)
will result in denial or suspension of the
person's
individual's

license to operate a motor vehicle or a refusal to issue a license.
(c)
If the
person
individual
submits to a chemical test and the test results
indicate
show
a blood, breath, or urine alcohol content in violation of Subsection
(2)(a)
, or if a
peace officer
makes a determination
determines
, based on reasonable grounds, that
the
person
individual
is otherwise in violation of Subsection
(2)(a)
, a peace officer
shall, on behalf of the division and within 24 hours of the arrest, give notice of the
division's intention to deny or suspend the
person's
individual's
license to operate a
vehicle or refusal to issue a license under this section.
(4)
When a peace officer gives notice on behalf of the division, the peace officer shall
supply to the operator, in a manner specified by the division, basic information
regarding how to obtain a prompt hearing before the division.
(5)
As a matter of procedure, a peace officer shall send to the division within 10 calendar
days after the day on which
notice is provided
the peace officer provides notice
:
(a)
a copy of the citation issued for the offense;
(b)
a signed report in a manner specified by the
Driver License Division indicating
division showing
the chemical test results, if any; and
(c)
any other basis for a peace officer's determination that the
person
individual
has
violated Subsection
(2)
.
(6)
(a)
(i)
Upon request
by an individual,
in a manner specified by the division, the
Driver License Division
division
shall grant to the
person
individual
an
opportunity to be heard within
29
45
days after the date of arrest under Section
32B-4-409
.
(ii)
The
request shall be made
individual shall request a hearing described in
Subsection
(6)(a)(i)
within 10 calendar days
of
after
the day on which
notice is
provided
the peace officer provides notice
.
(b)
(i)
Except as provided in Subsection
(6)(b)(ii)
,
a hearing, if held, shall be before
the division in
if the division holds a hearing, the division shall hold the hearing in
:
(A)
the county in which the arrest occurred; or
(B)
a county that is adjacent to the county in which the arrest occurred.
(ii)
The division may hold a hearing in
some other
another
county if the division and
the
person
individual
both agree.
(c)
The
hearing shall be documented
division shall document the hearing
and shall
cover the issues of:
(i)
whether a peace officer had reasonable grounds to believe the
person
individual

was operating a motor vehicle or motorboat in violation of Subsection
(2)(a)
;
(ii)
whether the
person
individual
refused to submit to
the
a
test; and
(iii)
the test results, if any.
(d)
In connection with a hearing, the division or
its
the division's
authorized agent may
:

(i)
administer oaths and
may
issue subpoenas for the attendance of witnesses and
the production of relevant
books and papers and records as defined in Section
46-4-102
.
documents; and
(ii)
issue subpoenas for the attendance of necessary peace officers.
(e)
One or more members of the division may conduct the hearing.
(f)
Any decision made after a hearing before any number of the members of the
division is as valid as if made after a hearing before the full membership of the
division.
(f)
After a hearing, a determination made by an authorized agent is valid and binding as
if made by the division.
(7)
If, after a hearing, the division determines that a peace officer had reasonable grounds to
believe that the
person
individual
was driving a motor vehicle in violation of
Subsection
(2)(a)
, if the
person
individual
fails to appear before the division as required
in the notice, or if the
person
individual
does not request a hearing under this section,
the division shall for
a person
an individual
under 21 years
of age
old
on the date of
arrest:
(a)
deny the
person's
individual's
license until the
person
individual
complies with
Subsection
(10)(b)(i)
but for a period of not less than six months beginning on the
45th
60th
day after the date of arrest for a first offense under Subsection
(2)(a)
;
(b)
suspend the
person's
individual's
license until the
person
individual
complies with
Subsection
(10)(b)(i)
and until the
person
individual
is 21 years
of age
old
or for a
period of two years, whichever is longer, beginning on the
45th
60th
day after the
date of arrest for a second or subsequent offense under Subsection
(2)(a)
within 10
years of a prior denial or suspension;
(c)
deny the
person's
individual's
application for a license or learner's permit until the
person
individual
complies with Subsection
(10)(b)(i)
but for a period of not less
than six months beginning on the
45th
60th
day after the date of the arrest, if:
(i)
the
person
individual
has not been issued an operator license; and
(ii)
the suspension is for a first offense under Subsection
(2)(a)
;
and
(d)
deny the
person's
individual's
application for a license or learner's permit until the
person
individual
complies with Subsection
(10)(b)(i)
and until the
person
individual

is 21 years
of age
old
or for a period of two years, whichever is longer, beginning on
the
45th
60th
day after the date of the arrest, if:
(i)
the
person
individual
has not been issued an operator license; and
(ii)
the suspension is for a second or subsequent offense under Subsection
(2)(a)

committed within 10 years of a prior denial or suspension.
(8)
(a)
(i)
Following denial or suspension the division shall assess against
a person
an
individual
, in addition to any fee imposed under Subsection
53-3-205(12)
, a fee
under Section
53-3-105
, which shall be paid before the person's driving privilege
is reinstated, to cover administrative costs.
(ii)
This fee shall be canceled
The division shall void the fee described in
Subsection
(8)(a)(i)

if the
person
individual
obtains an unappealed division
hearing or court decision that the suspension was
not proper
improper
.
(b)
A person
An individual
whose operator license has been denied, suspended, or
postponed by the division under this section following an administrative hearing may
file a petition
for judicial review as described in Section
53-3-224

within 30 days
after the
day on which the division issues a
suspension
for a hearing on the matter
which, if held, is governed by Section
53-3-224
.
order.
(9)
After reinstatement of an operator license for a first offense under this section, a report
authorized under Section
53-3-104
may not contain evidence of the denial or suspension
of the
person's
individual's
operator license under this section if the
person
individual

has not been convicted of any other offense for which the denial or suspension may be
extended.
(10)
(a)
In addition to the penalties in Subsection
(8)
,
a person
an individual
who
violates Subsection
(2)(a)
shall:
(i)
obtain an assessment and recommendation for appropriate action from a substance
abuse program, but any associated costs shall be the
person's
individual's

responsibility; or
(ii)
be referred by the division to the local substance abuse authority for an
assessment and recommendation for appropriate action.
(b)
(i)
Reinstatement of the
person's
individual's
operator license or the right to
obtain an operator license within five years of the effective date of the license
sanction under Subsection
(7)
is contingent upon successful completion of the
action recommended by the local substance abuse authority or the substance abuse
program.
(ii)
The local substance abuse authority's or the substance abuse program's
recommended action shall be determined by an assessment of the
person's
individual's
alcohol abuse and may include:
(A)
a targeted education and prevention program;
(B)
an early intervention program; or
(C)
a substance abuse treatment program.
(iii)
Successful completion of the recommended action shall be determined by
standards established by the Division of Substance Abuse and Mental Health.
(c)
At the conclusion of the penalty period imposed under Subsection
(2)
, the local
substance abuse authority or the substance abuse program shall notify the division of
the
person's
individual's
status regarding completion of the recommended action.
(d)
The local substance abuse authorities and the substance abuse programs shall
cooperate with the division in:
(i)
conducting the assessments;
(ii)
making appropriate recommendations for action; and
(iii)
notifying the division about the
person's
individual's
status regarding
completion of the recommended action.
(e)
(i)
The local substance abuse authority is responsible for the cost of the assessment
of the
person's
individual's
alcohol abuse, if the assessment is conducted by the
local substance abuse authority.
(ii)
The local substance abuse authority or a substance abuse program selected by
a
person
an individual
is responsible for:
(A)
conducting an assessment of the
person's
individual's
alcohol abuse; and
(B)
for making a referral to an appropriate program on the basis of the findings of
the assessment.
(iii)
(A)
The
person
individual
who violated Subsection
(2)(a)
is responsible for
all costs and fees associated with the recommended program to which the
person
individual
selected or is referred.
(B)
The costs and fees under Subsection
(10)(e)(iii)(A)
shall be based on a sliding
scale consistent with the local substance abuse authority's policies and
practices regarding fees for services or determined by the substance abuse
program.
Section 13. 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 14. Section
53-3-418
is amended to read:
53-3-418
. Prohibited alcohol level for drivers -- Procedures, including hearing.
(1)
A person
An individual
who holds or is required to hold a CDL may not drive a
commercial motor vehicle in this state if the
person
individual
:
(a)
has sufficient alcohol in the
person's
individual's
body that a subsequent chemical
test shows that the
person
individual
has a blood or breath alcohol concentration of
.04 grams or greater at the time of the test after the alleged driving of the commercial
motor vehicle;
(b)
is under the influence of alcohol, any drug, or the combined influence of alcohol and
any drug to degree that renders the
person
individual
incapable of safely driving a
commercial motor vehicle; or
(c)
has a blood or breath alcohol concentration of .04 grams or greater at the time of
driving the commercial motor vehicle.
(2)
A person
An individual
who holds or is required to hold a CDL and who drives a
commercial motor vehicle in this state is considered to have given the
person's
individual's
consent to a test or tests of the
person's
individual's
blood, breath, or urine
to determine the concentration of alcohol or the presence of other drugs in the
person's
individual's
physical system.
(3)
If a peace officer or port-of-entry agent has reasonable cause to believe that
a person
an
individual
may be violating this section, the peace officer or port-of-entry agent may
request the
person
individual
to submit to a chemical test to be administered in
compliance with Section
41-6a-515
.
(4)
When a peace officer or port-of-entry agent requests
a person
an individual
to submit
to a test under this section, the peace officer or port-of-entry agent shall advise the
person
individual
that test results
indicating
showing
a violation of Subsection
(1)
or
refusal to submit to
any
a
test requested will result in the
person's
individual's

disqualification under Section
53-3-414
from driving a commercial motor vehicle.
(5)
If test results under this section
indicate
show
a violation of Subsection
(1)
or the
person
individual
refuses to submit to
any
a
test requested under this section, a peace
officer or port-of-entry agent shall, on behalf of the division and within 24 hours of the
arrest, give the
person
individual
notice of the division's intention to disqualify the
person's
individual's
privilege to drive a commercial motor vehicle.
(6)
When a peace officer or port-of-entry agent gives notice under Subsection
(5)
, the peace
officer or port-of-entry agent shall:
(a)
provide the driver, in a manner specified by the division, basic information regarding
how to obtain a prompt hearing before the division; and
(b)
issue a 24-hour out-of-service order.
(7)
As a matter of procedure, a peace officer or port-of-entry agent shall, within 10 calendar
days after the day on which notice is provided, send to the division a copy of the notice,
and a report signed by the peace officer or port-of-entry agent that
indicates
shows
the
results of any chemical test administered or that the person refused a test.
(8)
(a)
A person
An individual
disqualified under this section has the right to a hearing
regarding the disqualification.
(b)
The request for the hearing shall be submitted to the division in a manner specified
by the division and shall be made within 10 calendar days of the date the notice was
issued.
(c)
If requested, the hearing shall be conducted within
29
45
days after the date of arrest.
(9)
(a)
(i)
Except as provided in Subsection
(9)(a)(ii)
, a hearing held under this section
shall be held before the division and in:
(A)
the county where the notice was issued; or
(B)
a county that is adjacent to the county where the notice was issued.
(ii)
The division may hold a hearing in
some other
another
county if the division and
the
person
individual
both agree.
(b)
The hearing shall be documented
The division shall document the hearing
and shall
determine:
(i)
whether the peace officer or port-of-entry agent had reasonable grounds to believe
the
person
individual
had been driving a
commercial
motor vehicle in violation
of this section;
(ii)
whether the
person
individual
refused to submit to
any
a
requested test; and
(iii)
any
each
test
results
result
obtained.
(c)
In connection with a hearing
,
the division or
its
the division's
authorized agent may
:

(i)
administer oaths and
may
issue subpoenas for the attendance of witnesses and
the production of relevant
books and
documents
.
; and
(ii)
may issue subpoenas for the attendance of necessary peace officers.
(d)
One or more members of the division may conduct the hearing.
(e)
A decision made after a hearing before any number of members of the division is as
valid as if the hearing were held before the full membership of the division.
(e)
After a hearing, a determination made by an authorized agent is valid and binding as
if made by the division;
(f)
After a hearing under this section the division shall indicate by order if the
person's
individual's
CDL is disqualified.
(g)
If the
person
individual
for whom the hearing is held fails to appear before the
division as required in the notice, the division shall indicate by order if the
person's
individual's
CDL is disqualified.
(10)
(a)
If the division disqualifies
a person
an individual's commercial driving
privilege
under this section following an administrative hearing, the
person
individual
may petition for
a hearing under
judicial review as described in
Section
53-3-224
within 30 days after the day on which the division issues a disqualification
order
.
(b)
The petition shall be filed within 30 days after the division issues the
disqualification.
(11)
(a)
A person
An individual
who violates this section shall be punished in
accordance with Section
53-3-414
.
(b)
(i)
In accordance with Section
53-3-414
, the first disqualification under this
section shall be for one year, and a second disqualification shall be for life.
(ii)
A disqualification under Section
53-3-414
begins on the
45th
60th
day after the
date of arrest.
(12)
(a)
In addition to the fees imposed under Section
53-3-205
for reinstatement of a
CDL, a fee under Section
53-3-105
to cover administrative costs shall be paid before
the driving privilege is reinstated.
(b)
The fees under Sections
53-3-105
and
53-3-205
shall be canceled
The division
shall void the fees described in Subsection
(12)(a)

if an unappealed hearing at the
division or court level determines the disqualification was
not proper
improper
.
(13)
Notwithstanding the provisions of this section, a blood test taken under this section is
subject to Section
77-23-213
.
Section 15. 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 16.
Repealer.
Accident involving death -- Stop at accident -- Penalty.
Section 17.
Effective Date.
This bill takes effect on
July 1, 2026
.
3-11-26 12:02 PM