Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                             H.B. 204
Approved for Filing: K.P. Gasser 6                                  st
                                                                         1 Sub. (Buff)
          6 01-26-24 6:39 PM 6
                    Representative Matthew H. Gwynn proposes the following substitute bill:
                                   TOWING REQUIREMENTS
                                        2024 GENERAL SESSION
                                            STATE OF UTAH
                               Chief Sponsor: Matthew H. Gwynn
                                   Senate Sponsor: ____________
 6
 LONG TITLE
 General Description:
        This bill amends provisions related to notice required for impound tows and tows that
 are not impound tows.
 Highlighted Provisions:
        This bill:
        < allows a law enforcement officer to impound a vehicle if the operator:
            C     operates the vehicle in willful or wanton disregard of the signal of a law
 enforcement officer so as to interfere with or endanger the operation of any
 vehicle or person; or
            C     knowingly or intentionally attempts to flee or elude a law enforcement officer
 by vehicle or other means;
        < clarifies what type of notice is required when a vehicle is impounded;
        < clarifies what type of notice is required for the removal of a vehicle that is not an    1 stSub. H.B. 204
 impound; and
        < makes technical changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
     *HB0204S01*
       1st Sub. (Buff) H.B. 204                                                   01-26-24 6:39 PM
        None
 Utah Code Sections Affected:
 AMENDS:
        41-6a-210, as last amended by Laws of Utah 2018, Chapter 133
        41-6a-505, as last amended by Laws of Utah 2023, Chapters 328, 415
        41-6a-1406, as last amended by Laws of Utah 2023, Chapter 335
        53-3-106, as last amended by Laws of Utah 2023, Chapter 328
        63I-1-241, as last amended by Laws of Utah 2023, Chapters 33, 212, 219, and 335
        72-9-603, as last amended by Laws of Utah 2022, Chapter 92
        72-9-604, as last amended by Laws of Utah 2023, Chapter 219
36
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 41-6a-210 is amended to read:
        41-6a-210. Failure to respond to officer's signal to stop -- Fleeing -- Causing
 property damage or bodily injury -- Suspension of driver's license -- Forfeiture of vehicle
 -- Penalties.
        (1) (a) An operator who receives a visual or audible signal from a law enforcement
 officer to bring the vehicle to a stop may not:
        (i) operate the vehicle in willful or wanton disregard of the signal so as to interfere with
 or endanger the operation of any vehicle or person; or
        (ii) knowingly or intentionally attempt to flee or elude a law enforcement officer by
 vehicle or other means.
        (b) (i) A person who violates Subsection (1)(a) is guilty of a felony of the third degree.
        (ii) The court shall, as part of any sentence under this Subsection (1), impose a fine of
 not less than $1,000.
        (c) A law enforcement officer may impound a vehicle of a person who violates
 Subsection (1)(a).
        (2) (a) An operator who violates Subsection (1) and while so doing causes death or
 serious bodily injury to another person, under circumstances not amounting to murder or
 aggravated murder, is guilty of a felony of the second degree.
        (b) The court shall, as part of any sentence under this Subsection (2), impose a fine of
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       01-26-24 6:39 PM                                                      1st Sub. (Buff) H.B. 204
 not less than $5,000.
         (3) (a) In addition to the penalty provided under this section or any other section, a
 person who violates Subsection (1)(a) or (2)(a) shall have the person's driver license revoked
 under Subsection 53-3-220(1)(a)(ix) for a period of one year.
         (b) (i) The court shall forward the report of the conviction to the division.
         (ii) If the person is the holder of a driver license from another jurisdiction, the division
 shall notify the appropriate officials in the licensing state.
         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 or breath alcohol level of .16 or higher, had
 a blood or breath 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 26B, Chapter 4, Part 2, Cannabinoid
 Research and Medical Cannabis, 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
         (B) if the administrative impound fee was paid by a party described in Subsection
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        1st Sub. (Buff) H.B. 204                                                   01-26-24 6:39 PM
 [41-6a-1406(5)(a)] 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(5)(a)] 41-6a-1406(6)(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 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);
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        (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)] 41-6a-1406(6)(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)] 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; 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).
        (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 is based and where there is admissible evidence that the
 individual had a blood or breath alcohol level of .16 or higher, had a blood or breath alcohol
 level of .05 or higher in addition to any measurable controlled substance, or had a combination
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        1st Sub. (Buff) H.B. 204                                                      01-26-24 6:39 PM
 of two or more controlled substances in the individual's body that were not recommended in
 accordance with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, 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
 Section 41-6a-1406; or
        (B) if the administrative impound fee was paid by a party described in Subsection
 [41-6a-1406(5)(a)] 41-6a-1406(6)(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)] 41-6a-1406(6)(a), other than the individual sentenced, order the individual
 sentenced to reimburse the party; and
        (b) the court may:
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        01-26-24 6:39 PM                                                     1st Sub. (Buff) H.B. 204
        (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
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        1st Sub. (Buff) H.B. 204                                                    01-26-24 6:39 PM
 [41-6a-1406(5)(a)] 41-6a-1406(6)(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)] 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; 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
 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 Subse