Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 146 (2015GS)

Sponsor

Rep. Eliason, S.

Final action

Governor Signed 3/24/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• provides that for driving under the influence sentencing purposes a prior conviction shall be within 10 years of:
• the current conviction; or
• the commission of the offense upon which the current conviction is based; and
• makes technical corrections.

Every vote on this bill

Bill text

DRIVING UNDER THE INFLUENCE REVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: 
Curtis S. Bramble
LONG TITLE
General Description:
This bill modifies the Traffic Code by amending provisions relating to driving under the
influence.
Highlighted Provisions:
This bill:
▸ provides that for driving under the influence sentencing purposes a prior conviction
shall be within 10 years of:
• the current conviction; or
• the commission of the offense upon which the current conviction is based; and
▸ makes technical corrections.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-6a-505
, as last amended by Laws of Utah 2013, Chapter 71
Be it enacted by the Legislature of the state of Utah:
Section 1. 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
:
(a) the court shall:
(i) (A) impose a jail sentence of not less than 48 consecutive hours;
(B) require the person to work in a compensatory-service work program for not less
than 48 hours; or
(C) require the person to participate in home confinement of not fewer than 48
consecutive hours through the use of electronic monitoring in accordance with Section
41-6a-506
;
(ii) order the person to participate in a screening;
(iii) order the person to participate in an assessment, if it is found appropriate by a
screening under Subsection (1)(a)(ii);
(iv) order the person 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; and
(vi) order probation for the person in accordance with Section 
41-6a-507
, if there is
admissible evidence that the person had a blood alcohol level of .16 or higher; and
(b) the court may:
(i) order the person to obtain substance abuse treatment if the substance abuse
treatment program determines that substance abuse treatment is appropriate; or
(ii) order probation for the person in accordance with Section 
41-6a-507
.
(2) If a person [
is convicted under Section 
41-6a-502
 within 10 years of a prior
conviction as defined in Subsection 
41-6a-501
(2)
] 
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
:
(a) the court shall:
(i) (A) impose a jail sentence of not less than 240 consecutive hours;
(B) require the person to work in a compensatory-service work program for not less
than 240 hours; or
(C) require the person to participate in home confinement of not fewer than 240
consecutive hours through the use of electronic monitoring in accordance with Section
41-6a-506
;
(ii) order the person to participate in a screening;
(iii) order the person to participate in an assessment, if it is found appropriate by a
screening under Subsection (2)(a)(ii);
(iv) order the person to participate in an educational series if the court does not order
substance abuse treatment as described under Subsection (2)(b);
(v) impose a fine of not less than $800; and
(vi) order probation for the person in accordance with Section 
41-6a-507
; and
(b) the court may order the person to obtain substance abuse treatment if the substance
abuse treatment program determines that substance abuse treatment is appropriate.
(3) Under Subsection 
41-6a-503
(2), if the court suspends the execution of a prison
sentence and places the defendant on probation:
(a) the court shall impose:
(i) a fine of not less than $1,500;
(ii) a jail sentence of not less than 1,500 hours;
(iii) supervised probation; and
(iv) an order requiring the person to obtain a screening and assessment and substance
abuse treatment at a substance abuse treatment program providing intensive care or inpatient
treatment and long-term closely supervised follow-through after treatment for not less than 240
hours; and
(b) in lieu of Subsection (3)(a)(ii), the court may require the person to participate in
home confinement of not fewer than 1,500 hours through the use of electronic monitoring in
accordance with Section 
41-6a-506
.
(4) (a) The requirements of Subsections (1)(a), (2)(a), and (3)(a) may not be suspended.
(b) Probation or parole resulting from a conviction for a violation under this section
may not be terminated.
(5) If a person is convicted of a violation of Section 
41-6a-502
 and there is admissible
evidence that the person had a blood 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), (2)(b), or (3)(a)(iv); and
(b) one or more of the following:
(i) the installation of an ignition interlock system as a condition of probation for the
person in accordance with Section 
41-6a-518
;
(ii) the imposition of an ankle attached continuous transdermal alcohol monitoring
device as a condition of probation for the person; or
(iii) the imposition of home confinement through the use of electronic monitoring in
accordance with Section 
41-6a-506
.