Bill Summary – FastDemocracy

Enrolled Copy                                                                         H.B. 143
                                DUI PENALTY AMENDMENTS
                                      2022 GENERAL SESSION
                                           STATE OF UTAH
                               Chief Sponsor: Merrill F. Nelson
                              Senate Sponsor: Daniel W. Thatcher
 6
 LONG TITLE
 General Description:
        This bill modifies the penalty for driving under the influence.
 Highlighted Provisions:
        This bill:
        < increases the penalty for a second driving under the influence conviction to a class
 A misdemeanor under certain circumstances; and
        < makes technical changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        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
23
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 41-6a-503 is amended to read:
        41-6a-503. Penalties for driving under the influence violations.
        (1) [A] Except as otherwise provided in this section, 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:]
       H.B. 143                                                                           Enrolled Copy
           (2) A person who violates Section 41-6a-502 is guilty of a class A misdemeanor if the
 person:
           [(i)] (a) has also inflicted bodily injury upon another as a proximate result of having
 operated the vehicle in a negligent manner;
           [(ii)] (b) had a passenger [under 16 years of age] younger than 16 years old in the
 vehicle at the time of the offense;
           [(iii)] (c) was 21 years [of age] old or older and had a passenger [under 18 years of age]
 younger than 18 years old in the vehicle at the time of the offense; [or]
           [(iv)] (d) at the time of the violation of Section 41-6a-502, also violated Section
 41-6a-712 or 41-6a-714[.]; or
           (e) has one prior conviction as defined in Subsection 41-6a-501(2) 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.
           [(2)] (3) 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) 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
           (c) the conviction under Section 41-6a-502 is at any time after a conviction of:
           (i) automobile homicide under Section 76-5-207 that is committed after July 1, 2001;
           (ii) a felony violation of Section 41-6a-502 or a statute previously in effect in this state
 that would constitute a violation of Section 41-6a-502 that is committed after July 1, 2001; or
           (iii) any conviction described in Subsection [(2)] (3)(c)(i) or (ii) which judgment of
 conviction is reduced under Section 76-3-402.
           [(3)] (4) A person is guilty of a separate offense for each victim suffering bodily injury
 or serious bodily injury as a result of the person's violation of Section 41-6a-502 or death as a
                                                        -2-
       Enrolled Copy                                                                           H.B. 143
 result of the person's violation of Section 76-5-207 whether or not the injuries arise from the
 same episode of driving.
        [(4)] (5) A person is guilty of a separate offense under Subsection [(1)(b)(ii)] (2)(b) for
 each passenger in the vehicle at the time of the offense that is [under] younger than 16 years
 old.
        Section 2. 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 Section 41-6a-502 where there is
 admissible evidence that the individual had a blood alcohol level of .16 or higher, had a blood
 alcohol level of .05 or higher in addition to any measurable controlled substance, or had a
 combination of two or more controlled substances in the individual's body that were not
 recommended in accordance with Title 26, Chapter 61a, Utah Medical Cannabis Act or
 prescribed:
        (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
                                                     -3-
        H.B. 143                                                                       Enrolled Copy
        (B) if the administrative impound fee was paid by a party described in Subsection
 41-6a-1406(5)(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(5)(a), other than the individual sentenced, order the individual sentenced to
 reimburse the party; or
        (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
        (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; or
        (iv) order a combination of Subsections (1)(b)(i) through (iii).
        (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 2 days; or
                                                      -4-
        Enrolled Copy                                                                           H.B. 143
        (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(5)(a), other than the individual sentenced, order the individual sentenced to
 reimburse the party; or
        (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(5)(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; or
        (iv) order a combination of Subsections (3)(b)(i) through (iii).
        (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).
                                                      -5-
        H.B. 143                                                                        Enrolled Copy
        (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 Subsection 41-6a-501(2) 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 where there is admissible evidence that
 the individual had a blood alcohol level of .16 or higher, had a blood alcohol level of .05 or
 higher in addition to any measurable controlled substance, or had a combination of two or more
 controlled substances in the individual's body that were not recommended in accordance with
 Title 26, Chapter 61a, Utah Medical Cannabis Act or prescribed:
        (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
                                                       -6-
        Enrolled Copy                                                                          H.B. 143
 Section 41-6a-1406; or
        (B) if the administrative impound fee was paid by a party described in Subsection
 41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
 reimburse the party; or
        (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(5)(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; 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 Subsection 41-6a-501(2) 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:
                                                      -7-
        H.B. 143                                                                        Enrolled Copy
        (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(5)(a), other than the individual sentenced, order the individual sentenced to
 reimburse the party; or
        (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(5)(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; or
        (iii) order a combination of Subsections (7)(b)(i) and (ii).
        (8) (a) If an individual described in Subsection (7) is participating in a 24/7 sobriety
                                                      -8-
        Enrolled Copy                                                                          H.B. 143
 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-503[(2)](3), if the court suspends the execution of