Bill Summary – FastDemocracy

Enrolled Copy                                                                          H.B. 29
                           DRIVING OFFENSES AMENDMENTS
                                         2022 GENERAL SESSION
                                            STATE OF UTAH
                                Chief Sponsor: Cheryl K. Acton
                                Senate Sponsor: Lincoln Fillmore
 6
 LONG TITLE
 General Description:
        This bill concerns offenses relating to the operation of a motor vehicle.
 Highlighted Provisions:
        This bill:
        < modifies definitions;
        < modifies offenses and penalties concerning the operation of a motor vehicle while
 under the influence of drugs or alcohol or while having any measurable amount of a
 controlled substance in the operator's body;
        < amends negligent driving offenses subject to enhancement under certain
 circumstances;
        < adjusts offenses subject to driver license suspension and revocation;
        < modifies eligibility and requirements for a plea of guilty or no contest in certain
 negligent driving offense situations;
        < amends offenses subject to ignition interlock system requirements;
        < modifies offenses relating to alcohol restricted drivers;
        < amends the automobile homicide offenses exempted from probate disqualification;
        < amends offenses subject to chemical testing and related procedures; and
        < makes technical and conforming changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        This bill provides a coordination clause.
      H.B. 29                                                                     Enrolled Copy
 Utah Code Sections Affected:
 AMENDS:
        24-4-102, as last amended by Laws of Utah 2021, Chapter 230
        41-6a-501, as last amended by Laws of Utah 2021, Chapter 79
        41-6a-503, as last amended by Laws of Utah 2021, Chapter 79
        41-6a-505, as last amended by Laws of Utah 2021, Chapters 79 and 83
        41-6a-509, as last amended by Laws of Utah 2021, Chapters 83, 120 and last amended
 by Coordination Clause, Laws of Utah 2021, Chapter 83
        41-6a-513, as last amended by Laws of Utah 2020, Chapter 70
        41-6a-517, as last amended by Laws of Utah 2021, Chapters 83, 120 and last amended
 by Coordination Clause, Laws of Utah 2021, Chapter 83
        41-6a-518.2, as last amended by Laws of Utah 2020, Chapter 177
        41-6a-520, as last amended by Laws of Utah 2020, Chapter 177
        41-6a-529, as last amended by Laws of Utah 2020, Chapter 177
        41-6a-1901, as enacted by Laws of Utah 2005, Chapter 127
        53-3-220, as last amended by Laws of Utah 2021, Chapters 83, 262, and 343
        53-3-223, as last amended by Laws of Utah 2021, Chapter 83
        53-3-414, as last amended by Laws of Utah 2020, Chapter 218
        53-10-403, as last amended by Laws of Utah 2021, Chapter 213
        58-37-8, as last amended by Laws of Utah 2021, Chapter 236
        58-37f-201, as last amended by Laws of Utah 2020, Chapter 372
        58-37f-704, as enacted by Laws of Utah 2016, Chapter 99
        75-2-803, as last amended by Laws of Utah 2006, Chapter 270
        76-5-201, as last amended by Laws of Utah 2010, Chapter 13
        76-5-207, as last amended by Laws of Utah 2017, Chapter 283
        77-2a-3, as last amended by Laws of Utah 2021, Chapters 79 and 260
        77-40-102, as last amended by Laws of Utah 2021, Chapters 206 and 260
        77-40-105, as last amended by Laws of Utah 2021, Chapters 206, 260 and last amended
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       Enrolled Copy                                                                              H.B. 29
 by Coordination Clause, Laws of Utah 2021, Chapter 261
        78B-9-402, as last amended by Laws of Utah 2021, Chapters 36 and 46
        80-6-707, as renumbered and amended by Laws of Utah 2021, Chapter 261
        80-6-712, as enacted by Laws of Utah 2021, Chapter 261
        80-6-804, as last amended by Laws of Utah 2021, First Special Session, Chapter 2
 ENACTS:
        76-5-102.1, Utah Code Annotated 1953
 Utah Code Sections Affected by Coordination Clause:
        76-5-207, as last amended by Laws of Utah 2017, Chapter 283
67
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 24-4-102 is amended to read:
        24-4-102. Property subject to forfeiture.
        (1) Except as provided in Subsection (2), (3), or (4), an agency may seek to forfeit:
        (a) seized property that was used to facilitate the commission of an offense that is a
 violation of federal or state law; and
        (b) seized proceeds.
        (2) If seized property is used to facilitate an offense that is a violation of Section
 76-10-1204, 76-10-1205, 76-10-1206, or 76-10-1222, an agency may not forfeit the property if
 the forfeiture would constitute a prior restraint on the exercise of an affected party's rights
 under the First Amendment to the Constitution of the United States or Utah Constitution,
 Article I, Section 15, or would otherwise unlawfully interfere with the exercise of the party's
 rights under the First Amendment to the Constitution of the United States or Utah Constitution,
 Article I, Section 15.
        (3) If a motor vehicle is used in an offense that is a violation of Section 41-6a-502,
 41-6a-517, a local ordinance that complies with the requirements of Subsection 41-6a-510(1),
 Subsection [58-37-8(2)(g)] 76-5-102.1(2)(b), or Section 76-5-207, an agency may not seek
 forfeiture of the motor vehicle, unless:
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        H.B. 29                                                                       Enrolled Copy
        (a) the operator of the vehicle has previously been convicted of an offense committed
 after May 12, 2009, that is:
        (i) a felony driving under the influence violation under Section 41-6a-502 or
 Subsection 76-5-102.1(2)(a);
        (ii) a felony violation under Subsection [58-37-8(2)(g); or] 76-5-102.1(2)(b);
        (iii) [automobile homicide] a violation under Section 76-5-207; or
        (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); or
        (b) the operator of the vehicle was driving on a denied, suspended, revoked, or
 disqualified license and:
        (i) the denial, suspension, revocation, or disqualification under Subsection (3)(b)(ii)
 was imposed because of a violation under:
        (A) Section 41-6a-502;
        (B) Section 41-6a-517;
        (C) a local ordinance that complies with the requirements of Subsection 41-6a-510(1);
        (D) Section 41-6a-520;
        [(E) Subsection 58-37-8(2)(g);]
        (E) 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);
        (F) Section 76-5-102.1;
        [(F)] (G) Section 76-5-207; or
        [(G)] (H) a criminal prohibition as a result of a plea bargain after having been
 originally charged with violating one or more of the sections or ordinances described in
 Subsections (3)(b)(i)(A) through [(F)] (G); or
        (ii) the denial, suspension, revocation, or disqualification described in Subsections
 (3)(b)(i)(A) through [(G)] (H):
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        Enrolled Copy                                                                             H.B. 29
         (A) is an extension imposed under Subsection 53-3-220(2) of a denial, suspension,
 revocation, or disqualification; and
         (B) the original denial, suspension, revocation, or disqualification was imposed
 because of a violation described in Subsections (3)(b)(i)(A) through [(G)] (H).
         (4) If a peace officer seizes property incident to an arrest solely for possession of a
 controlled substance under Subsection 58-37-8(2)(a)(i) but not Subsection 53-37-8(2)(b)(i), an
 agency may not seek to forfeit the property that was seized in accordance with the arrest.
         Section 2. Section 41-6a-501 is amended to read:
         41-6a-501. Definitions.
         (1) As used in this part:
         (a) "Actual physical control" is determined by a consideration of the totality of the
 circumstances, but does not include a circumstance in which:
         (i) the person is asleep inside the vehicle;
         (ii) the person is not in the driver's seat of the vehicle;
         (iii) the engine of the vehicle is not running;
         (iv) the vehicle is lawfully parked; and
         (v) under the facts presented, it is evident that the person did not drive the vehicle to
 the location while under the influence of alcohol, a drug, or the combined influence of alcohol
 and any drug.
         (b) "Assessment" means an in-depth clinical interview with a licensed mental health
 therapist:
         (i) used to determine if a person is in need of:
         (A) substance abuse treatment that is obtained at a substance abuse program;
         (B) an educational series; or
         (C) a combination of Subsections (1)(b)(i)(A) and (B); and
         (ii) that is approved by the Division of Substance Abuse and Mental Health in
 accordance with Section 62A-15-105.
         (c) "Driving under the influence court" means a court that is approved as a driving
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       H.B. 29                                                                           Enrolled Copy
 under the influence court by the Utah Judicial Council according to standards established by
 the Judicial Council.
        (d) "Drug" or "drugs" means:
        (i) a controlled substance as defined in Section 58-37-2;
        (ii) a drug as defined in Section 58-17b-102; or
        (iii) [any] a substance that, when knowingly, intentionally, or recklessly taken into the
 human body, can impair the ability of a person to safely operate a motor vehicle.
        (e) "Educational series" means an educational series obtained at a substance abuse
 program that is approved by the Division of Substance Abuse and Mental Health in accordance
 with Section 62A-15-105.
        (f) "Negligence" means simple negligence, the failure to exercise that degree of care
 that an ordinarily reasonable and prudent person exercises under like or similar circumstances.
        (g) "Novice learner driver" means an individual who:
        (i) has applied for a Utah driver license;
        (ii) has not previously held a driver license in this state or another state; and
        (iii) has not completed the requirements for issuance of a Utah driver license.
        (h) "Screening" means a preliminary appraisal of a person:
        (i) used to determine if the person is in need of:
        (A) an assessment; or
        (B) an educational series; and
        (ii) that is approved by the Division of Substance Abuse and Mental Health in
 accordance with Section 62A-15-105.
        (i) "Serious bodily injury" means bodily injury that creates or causes:
        (i) serious permanent disfigurement;
        (ii) protracted loss or impairment of the function of any bodily member or organ; or
        (iii) a substantial risk of death.
        (j) "Substance abuse treatment" means treatment obtained at a substance abuse
 program that is approved by the Division of Substance Abuse and Mental Health in accordance
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        Enrolled Copy                                                                          H.B. 29
 with Section 62A-15-105.
        (k) "Substance abuse treatment program" means a state licensed substance abuse
 program.
        (l) (i) "Vehicle" or "motor vehicle" means a vehicle or motor vehicle as defined in
 Section 41-6a-102; and
        (ii) "Vehicle" or "motor vehicle" includes:
        (A) an off-highway vehicle as defined under Section 41-22-2; and
        (B) a motorboat as defined in Section 73-18-2.
        (2) As used in Section 41-6a-503:
        (a) "Conviction" means any conviction arising from a separate episode of driving for a
 violation of:
        (i) driving under the influence under Section 41-6a-502;
        (ii) (A) for an offense committed before July 1, 2008, alcohol, any drug, or a
 combination of both-related reckless driving under:
        (I) Section 41-6a-512; and
        (II) Section 41-6a-528; or
        (B) for an offense committed on or after July 1, 2008, impaired driving under Section
 41-6a-502.5;
        (iii) driving with any measurable controlled substance that is taken illegally in the body
 under Section 41-6a-517;
        (iv) local ordinances similar to Section 41-6a-502, alcohol, any drug, or a combination
 of both-related reckless driving, or impaired driving under Section 41-6a-502.5 adopted in
 compliance with Section 41-6a-510;
        (v) [automobile homicide under] Section 76-5-207;
        [(vi) Subsection 58-37-8(2)(g);]
        (vi) 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);
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        H.B. 29                                                                          Enrolled Copy
        (vii) negligently operating a vehicle resulting in injury under Section 76-5-102.1;
        [(vii)] (viii) a violation described in Subsections (2)(a)(i) through [(vi)] (vii), which
 judgment of conviction is reduced under Section 76-3-402;
        [(viii)] (ix) refusal of a chemical test under Subsection 41-6a-520(7); or
        [(ix)] (x) statutes or ordinances previously in effect in this state or in effect in any other
 state, the United States, or any district, possession, or territory of the United States which
 would constitute a violation of Section 41-6a-502 or alcohol, any drug, or a combination of
 both-related reckless driving if committed in this state, including punishments administered
 under 10 U.S.C. Sec. 815.
        (b) A plea of guilty or no contest to a violation described in Subsections (2)(a)(i)
 through [(ix)] (x) which plea was held in abeyance under Title 77, Chapter 2a, Pleas in
 Abeyance, prior to July 1, 2008, is the equivalent of a conviction, even if the charge has been
 subsequently reduced or dismissed in accordance with the plea in abeyance agreement, for
 purposes of:
        (i) enhancement of penalties under[: (A)] this Chapter 6a, Part 5, Driving Under the
 Influence and Reckless Driving; and
        [(B) automobile homicide under Section 76-5-207; and]
        (ii) expungement under Title 77, Chapter 40, Utah Expungement Act.
        (c) An admission to a violation of Section 41-6a-502 in juvenile court is the equivalent
 of a conviction even if the charge has been subsequently dismissed in accordance with the Utah
 Rules of Juvenile Procedure for the purposes of enhancement of penalties under:
        (i) this part; [and]
        [(ii) automobile homicide under Section 76-5-207.]
        (ii) negligently operating a vehicle resulting in injury under Section 76-5-102.1; and
        (iii) negligently operating a vehicle resulting in death under Section 76-5-207.
        (3) As used in Section 41-6a-505, "controlled substance" does not include an inactive
 metabolite of a controlled substance.
        Section 3. Section 41-6a-503 is amended to read:
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        Enrolled Copy                                                                              H.B. 29
        41-6a-503. Penalties for driving under the influence violations.
        (1) A person who violates for the first or second time Section 41-6a-502 is guilty of a:
        (a) class B misdemeanor; or
        (b) class A misdemeanor if the person:
        [(i) has also inflicted bodily injury upon another as a proximate result of having
 operated the vehicle in a negligent manner;]
        [(ii)] (i) had a passenger under 16 years [of age] old in the vehicle at the time of the
 offense;
        [(iii)] (ii) was 21 years [of age] old or older and had a passenger under 18 years [of
 age] old in the vehicle at the time of the offense; or
        [(iv)] (iii) at the time of the violation of Section 41-6a-502, also violated Section
 41-6a-712 or 41-6a-714.
        (2) A person who violates Section 41-6a-502 is guilty of a third degree felony if:
        [(a) the person has also inflicted serious bodily injury upon another as a proximate
 result of having operated the vehicle in a negligent manner;]
        [(b)] (a) the person has two or more prior convictions as defined in Subsection
 41-6a-501(2), each of which is within 10 years of:
        (i) the current conviction under Section 41-6a-502; or
        (ii) the commission of the offense upon which the current conviction is based; or