Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 284 Second Substitute (2015GS)

Sponsor

Rep. Redd, E.

Final action

Governor Signed 3/25/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• requires a court to order a screening, an assessment, and an educational series or substance abuse treatment if found appropriate by the screening or assessment for certain alcohol related offenses committed by minors;
• authorizes a court to reduce a driver license suspension period for certain alcohol or drug related offenses committed by minors;
• amends the requirements for a court to reduce a driver license suspension period for certain alcohol or drug related offenses committed by minors; and
• makes conforming and technical changes.

Every vote on this bill

Bill text

MINOR ALCOHOL OR DRUG RELATED OFFENSES AND
DRIVING PRIVILEGES
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Edward H. Redd
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill modifies provisions relating to sentencing requirements for certain alcohol or
drug related offenses.
Highlighted Provisions:
This bill:
▸ requires a court to order a screening, an assessment, and an educational series or
substance abuse treatment if found appropriate by the screening or assessment for
certain alcohol related offenses committed by minors;
▸ authorizes a court to reduce a driver license suspension period for certain alcohol or
drug related offenses committed by minors;
▸ amends the requirements for a court to reduce a driver license suspension period for
certain alcohol or drug related offenses committed by minors; and
▸ makes conforming and technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
32B-4-409
, as last amended by Laws of Utah 2014, Chapter 314
32B-4-410
, as last amended by Laws of Utah 2014, Chapter 314
32B-4-411
, as enacted by Laws of Utah 2010, Chapter 276
53-3-220
, as last amended by Laws of Utah 2010, Chapters 276 and 374
76-9-701
, as last amended by Laws of Utah 2014, Chapter 314
78A-6-606
, as last amended by Laws of Utah 2014, Chapter 314
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
32B-4-409
 is amended to read:
32B-4-409.
Unlawful purchase, possession, consumption by minor -- Measurable
amounts in body.
(1) Unless specifically authorized by this title, it is unlawful for a minor to:
(a) purchase an alcoholic product;
(b) attempt to purchase an alcoholic product;
(c) solicit another person to purchase an alcoholic product;
(d) possess an alcoholic product;
(e) consume an alcoholic product; or
(f) have measurable blood, breath, or urine alcohol concentration in the minor's body.
(2) It is unlawful for the purpose of purchasing or otherwise obtaining an alcoholic
product for a minor for:
(a) a minor to misrepresent the minor's age; or
(b) any other person to misrepresent the age of a minor.
(3) It is unlawful for a minor to possess or consume an alcoholic product while riding
in a limousine or chartered bus.
(4) If a minor is found by a court to have violated this section [
and the violation is the
minor's second or subsequent violation of this section
], the court 
shall
:
[
(a) shall order the minor to participate in an educational series as defined in Section
41-6a-501
; and
]
[
(b) may order the minor to participate in a screening as defined in Section 
41-6a-501
.
]
(a) order the minor to complete a screening as defined in Section 
41-6a-501
;
(b) order the minor to complete an assessment as defined in Section 
41-6a-501
 if the
screening indicates an assessment to be appropriate; and
(c) order the minor to complete an educational series as defined in Section 
41-6a-501
or substance abuse treatment as indicated by an assessment.
(5) (a) When a minor who is at least 18 years old, but younger than 21 years old, is
found by a court to have violated this section, except as provided in Section 
32B-4-411
, the
court hearing the case shall suspend the minor's driving privileges under Section 
53-3-219
.
(b) Notwithstanding the provision in Subsection (5)(a), the court may reduce the
suspension period required under Section 
53-3-219
 if:
(i) the violation is the minor's first violation of this section; and
(ii) 
(A)
 the minor completes an educational series as defined in Section 
41-6a-501
[
.
]
;
or
(B) the minor demonstrates substantial progress in substance abuse treatment.
(c) Notwithstanding the requirement in Subsection (5)(a) and in accordance with the
requirements of Section 
53-3-219
, the court may reduce the suspension period required under
Section 
53-3-219
 if:
(i) the violation is the minor's second or subsequent violation of this section; [
and
]
(ii) the minor has completed an educational series as defined in Section 
41-6a-501
 or
demonstrated substantial progress in substance abuse treatment; and
[
(ii)
] 
(iii)
 (A) the person is 18 years of age or older and provides a sworn statement to
the court that the person has not unlawfully consumed alcohol 
or drugs
 for at least a one-year
consecutive period during the suspension period imposed under Subsection (5)(a); or
(B) the person is under 18 years of age and has the person's parent or legal guardian
provide an affidavit or sworn statement to the court certifying that to the parent or legal
guardian's knowledge the person has not unlawfully consumed alcohol 
or drugs
 for at least a
one-year consecutive period during the suspension period imposed under Subsection (5)(a).
(6) When a minor who is at least 13 years old, but younger than 18 years old, is found
by the court to have violated this section, Section 
78A-6-606
 applies to the violation.
(7) When a court issues an order suspending a person's driving privileges for a
violation of this section, the Driver License Division shall suspend the person's license under
Section 
53-3-219
.
(8) When the Department of Public Safety receives the arrest or conviction record of a
person for a driving offense committed while the person's license is suspended pursuant to this
section, the Department of Public Safety shall extend the suspension for an additional like
period of time.
(9) This section does not apply to a minor's consumption of an alcoholic product in
accordance with this title:
(a) for medicinal purposes if:
(i) the minor is at least 18 years old; or
(ii) the alcoholic product is furnished by:
(A) the parent or guardian of the minor; or
(B) the minor's health care practitioner, if the health care practitioner is authorized by
law to write a prescription; or
(b) as part of a religious organization's religious services.
Section 2. Section 
32B-4-410
 is amended to read:
32B-4-410.
Unlawful admittance or attempt to gain admittance by minor.
(1) It is unlawful for a minor to gain admittance or attempt to gain admittance to the
premises of:
(a) a tavern; or
(b) a social club licensee, except to the extent authorized by Section 
32B-6-406.1
.
(2) A minor who violates this section is guilty of a class C misdemeanor.
(3) If a minor is found by a court to have violated this section [
and the violation is the
minor's second or subsequent violation of this section
], the court 
shall
:
[
(a) shall order the minor to participate in an educational series as defined in Section
41-6a-501
; and
]
[
(b) may order the minor to participate in a screening as defined in Section 
41-6a-501
.
]
(a) order the minor to complete a screening as defined in Section 
41-6a-501
;
(b) order the minor to complete an assessment as defined in Section 
41-6a-501
 if the
screening indicates an assessment to be appropriate; and
(c) order the minor to complete an educational series as defined in Section 
41-6a-501
or substance abuse treatment as indicated by an assessment.
(4) (a) When a minor who is at least 18 years old, but younger than 21 years old, is
found by a court to have violated this section, except as provided in Section 
32B-4-411
, the
court hearing the case shall suspend the minor's driving privileges under Section 
53-3-219
.
(b) Notwithstanding the provision in Subsection (4)(a), the court may reduce the
suspension period required under Section 
53-3-219
 if:
(i) the violation is the minor's first violation of this section; and
(ii) 
(A)
 the minor completes an educational series as defined in Section 
41-6a-501
[
.
]
;
or
(B) the minor demonstrates substantial progress in substance abuse treatment.
(c) Notwithstanding the requirement in Subsection (4)(a) and in accordance with the
requirements of Section 
53-3-219
, the court may reduce the suspension period required under
Section 
53-3-219
 if:
(i) the violation is the minor's second or subsequent violation of this section; [
and
]
(ii) the minor has completed an educational series as defined in Section 
41-6a-501
 or
demonstrated substantial progress in substance abuse treatment; and
[
(ii)
] 
(iii)
 (A) the person is 18 years of age or older and provides a sworn statement to
the court that the person has not unlawfully consumed alcohol 
or drugs
 for at least a one-year
consecutive period during the suspension period imposed under Subsection (4)(a); or
(B) the person is under 18 years of age and has the person's parent or legal guardian
provide an affidavit or sworn statement to the court certifying that to the parent or legal
guardian's knowledge the person has not unlawfully consumed alcohol 
or drugs
 for at least a
one-year consecutive period during the suspension period imposed under Subsection (4)(a).
(5) When a minor who is at least 13 years old, but younger than 18 years old, is found
by a court to have violated this section, Section 
78A-6-606
 applies to the violation.
(6) When a court issues an order suspending a person's driving privileges for a
violation of this section, the Driver License Division shall suspend the person's license under
Section 
53-3-219
.
(7) When the Department of Public Safety receives the arrest or conviction record of a
person for a driving offense committed while the person's license is suspended pursuant to this
section, the Department of Public Safety shall extend the suspension for an additional like
period of time.
Section 3. Section 
32B-4-411
 is amended to read:
32B-4-411.
Minor's unlawful use of proof of age.
(1) As used in this section, "proof of age violation" means a violation by a minor of:
(a) Chapter 1, Part 4, Proof of Age Act; or
(b) if as part of the violation the minor uses a proof of age in violation of Chapter 1,
Part 4, Proof of Age Act:
(i) Section 
32B-4-409
; or
(ii) Section 
32B-4-410
.
(2) If a court finds a minor engaged in a proof of age violation, notwithstanding the
penalties provided for in Subsection (1):
(a) (i) for a first violation, the minor is guilty of a class B misdemeanor;
(ii) for a second violation, the minor is guilty of a class A misdemeanor; and
(iii) for a third or subsequent violation, the minor is guilty of a class A misdemeanor,
except that the court may impose:
(A) a fine of up to $5,000;
(B) screening, assessment, or substance abuse treatment, as defined in Section
41-6a-501
;
(C) an educational series, as defined in Section 
41-6a-501
;
(D) alcoholic product related community service or compensatory service work
program hours;
(E) fees for restitution and treatment costs;
(F) defensive driver education courses; or
(G) a combination of these penalties; and
(b) (i) for a minor who is at least 13 years old, but younger than 18 years old:
(A) the court shall forward to the Driver License Division a record of an adjudication
under Title 78A, Chapter 6, Juvenile Court Act of 1996, for a violation under this section; and
(B) the provisions regarding suspension of a driver license under Section 
78A-6-606
apply; and
(ii) for a minor who is at least 18 years old, but younger than 21 years old:
(A) the court shall forward to the Driver License Division a record of conviction for a
violation under this section; and
(B) the Driver License Division shall suspend the person's license under Section
53-3-220
.
(3) (a) Notwithstanding the requirement in Subsection (2)(b), the court may reduce the
suspension period under Subsection 
53-3-220
(1)(e) or 
78A-6-606
(2)(d) if:
(i) the violation is the minor's first violation of Section 
32B-4-411
; and
(ii) (A) the minor completes an educational series as defined in Section 
41-6a-501
; or
(B) the minor demonstrates substantial progress in substance abuse treatment.
(b) Notwithstanding the requirement in Subsection (2)(b), the court may reduce the
suspension period under Subsection 
53-3-220
(1)(e) or 
78A-6-606
(2)(d) if:
(i) the violation is the minor's second or subsequent violation of Section 
32B-4-411
;
(ii) the person has completed an educational series as defined in Section 
41-6a-501
 or
demonstrated substantial progress in substance abuse treatment; and
(iii) (A) the person is 18 years of age or older and provides a sworn statement to the
court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
consecutive period during the suspension period imposed under Subsection 
53-3-220
(1)(e) or
78A-6-606
(2)(d); or
(B) the minor is under 18 years of age and has the minor's parent or legal guardian
provide an affidavit or sworn statement to the court certifying that to the parent or legal
guardian's knowledge the minor has not unlawfully consumed alcohol or drugs for at least a
one-year consecutive period during the suspension period imposed under Subsection
53-3-220
(1)(e) or 
78A-6-606
(2)(d).
[
(3)
] 
(4)
 When the Department of Public Safety receives the arrest or conviction record
of an individual for a driving offense committed while the individual's license is suspended
pursuant to this section, the Department of Public Safety shall extend the suspension for an
additional like period of time.
[
(4)
] 
(5)
 A court may not fail to enter a judgment of conviction under this section under
a plea in abeyance agreement.
Section 4. Section 
53-3-220
 is amended to read:
53-3-220.
Offenses requiring mandatory revocation, denial, suspension, or
disqualification of license -- Offense requiring an extension of period -- Hearing --
Limited driving privileges.
(1) (a) The division shall immediately revoke or, when this chapter, Title 41, Chapter
6a, Traffic Code, or Section 
76-5-303
, specifically provides for denial, suspension, or
disqualification, the division shall deny, suspend, or disqualify the license of a person upon
receiving a record of the person's conviction for:
(i) manslaughter or negligent homicide resulting from driving a motor vehicle, or
automobile homicide under Section 
76-5-207
 or 
76-5-207.5
;
(ii) driving or being in actual physical control of a motor vehicle while under the
influence of alcohol, any drug, or combination of them to a degree that renders the person
incapable of safely driving a motor vehicle as prohibited in Section 
41-6a-502
 or as prohibited
in an ordinance that complies with the requirements of Subsection 
41-6a-510
(1);
(iii) driving or being in actual physical control of a motor vehicle while having a blood
or breath alcohol content as prohibited in Section 
41-6a-502
 or as prohibited in an ordinance
that complies with the requirements of Subsection 
41-6a-510
(1);
(iv) perjury or the making of a false affidavit to the division under this chapter, Title
41, Motor Vehicles, or any other law of this state requiring the registration of motor vehicles or
regulating driving on highways;
(v) any felony under the motor vehicle laws of this state;
(vi) any other felony in which a motor vehicle is used to facilitate the offense;
(vii) failure to stop and render aid as required under the laws of this state if a motor
vehicle accident results in the death or personal injury of another;
(viii) two charges of reckless driving, impaired driving, or any combination of reckless
driving and impaired driving committed within a period of 12 months; but if upon a first
conviction of reckless driving or impaired driving the judge or justice recommends suspension
of the convicted person's license, the division may after a hearing suspend the license for a
period of three months;
(ix) failure to bring a motor vehicle to a stop at the command of a peace officer as
required in Section 
41-6a-210
;
(x) any offense specified in Part 4, Uniform Commercial Driver License Act, that
requires disqualification;
(xi) a felony violation of Section 
76-10-508
 or 
76-10-508.1
 involving discharging or
allowing the discharge of a firearm from a vehicle;
(xii) using, allowing the use of, or causing to be used any explosive, chemical, or
incendiary device from a vehicle in violation of Subsection 
76-10-306
(4)(b);
(xiii) operating or being in actual physical control of a motor vehicle while having any
measurable controlled substance or metabolite of a controlled substance in the person's body in
violation of Section 
41-6a-517
;
(xiv) until July 30, 2015, operating or being in actual physical control of a motor
vehicle while having any alcohol in the person's body in violation of Section 
53-3-232
;
(xv) operating or being in actual physical control of a motor vehicle while having any
measurable or detectable amount of alcohol in the person's body in violation of Section
41-6a-530
;
(xvi) engaging in a motor vehicle speed contest or exhibition of speed on a highway in
violation of Section 
41-6a-606
;
(xvii) operating or being in actual physical control of a motor vehicle in this state
without an ignition interlock system in violation of Section 
41-6a-518.2
; or
(xviii) custodial interference, under:
(A) Subsection 
76-5-303
(3), which suspension shall be for a period of 30 days, unless
the court provides the division with an order of suspension for a shorter period of time;
(B) Subsection 
76-5-303
(4), which suspension shall be for a period of 90 days, unless
the court provides the division with an order of suspension for a shorter period of time; or
(C) Subsection 
76-5-303
(5), which suspension shall be for a period of 180 days, unless
the court provides the division with an order of suspension for a shorter period of time.
(b) The division shall immediately revoke the license of a person upon receiving a
record of an adjudication under Title 78A, Chapter 6, Juvenile Court Act of 1996, for:
(i) a felony violation of Section 
76-10-508
 or 
76-10-508.1
 involving discharging or
allowing the discharge of a firearm from a vehicle; or
(ii) using, allowing the use of, or causing to be used any explosive, chemical, or
incendiary device from a vehicle in violation of Subsection 
76-10-306
(4)(b).
(c) Except when action is taken under Section 
53-3-219
 for the same offense, the
division shall immediately suspend for six months the license of a person upon receiving a
record of conviction for:
(i) any violation of:
(A) Title 58, Chapter 37, Utah Controlled Substances Act;
(B) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
(C) Title 58, Chapter 37b, Imitation Controlled Substances Act;
(D) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act; or
(E) Title 58, Chapter 37d, Clandestine Drug Lab Act; or
(ii) any criminal offense that prohibits:
(A) possession, distribution, manufacture, cultivation, sale, or transfer of any substance
that is prohibited under the acts described in Subsection (1)(c)(i); or
(B) the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or
transfer any substance that is prohibited under the acts described in Subsection (1)(c)(i).
(d) (i) The division shall immediately suspend a person's driver license for conviction
of the offense of theft of motor vehicle fuel under Section 
76-6-404.7
 if the division receives:
(A) an order from the sentencing court requiring that the person's driver license be
suspended; and
(B) a record of the conviction.
(ii) An order of suspension under this section is at the discretion of the sentencing
court, and may not be for more than 90 days for each offense.
(e) (i) The division shall immediately suspend for one year the license of a person upon
receiving a record of:
(A) conviction for the first time for a violation under Section 
32B-4-411
; or
(B) an adjudication under Title 78A, Chapter 6, Juvenile Court Act of 1996, for a
violation under Section 
32B-4-411
.
(ii) The division shall immediately suspend for a period of two years the license of a
person upon receiving a record of:
(A) (I) conviction for a second or subsequent violation under Section 
32B-4-411
; and
(II) the violation described in Subsection (1)(e)(ii)(A)(I) is within 10 years of a prior
conviction for a violation under Section 
32B-4-411
; or
(B) (I) a second or subsequent adjudication under Title 78A, Chapter 6, Juvenile Court
Act of 1996, for a violation under Section 
32B-4-411
; and
(II) the adjudication described in Subsection (1)(e)(ii)(B)(I) is within 10 years of a prior
adjudication under Title 78A, Chapter 6, Juvenile Court Act of 1996, for a violation under
Section 
32B-4-411
.
(iii) Upon receipt of a record under Subsection (1)(e)(i) or (ii), the division shall:
(A) for a conviction or adjudication described in Subsection (1)(e)(i):
(I) impose a suspension for one year beginning on the date of conviction; or
(II) if the person is under the age of eligibility for a driver license, impose a suspension
that begins on the date of conviction and continues for one year beginning on the date of
eligibility for a driver license; or
(B) for a conviction or adjudication described in Subsection (1)(e)(ii):
(I) impose a suspension for a period of two years; or
(II) if the person is under the age of eligibility for a driver license, impose a suspension
that begins on the date of conviction and continues for two years beginning on the date of
eligibility for a driver license.
(iv) Upon receipt of the first order suspending a person's driving privileges under
Section 
32B-4-411
, the division shall reduce the suspension period under Subsection (1)(e)(i) if
ordered by the court in accordance with Subsection 
32B-4-411
(3)(a).
(v) Upon receipt of the second or subsequent order suspending a person's driving
privileges under Section 
32B-4-411
, the division shall reduce the suspension period under
Subsection (1)(e)(ii) if ordered by the court in accordance with Subsection 
32B-4-411
(3)(b).
(2) The division shall extend the period of the first denial, suspension, revocation, or
disqualification for an additional like period, to a maximum of one year for each subsequent
occurrence, upon receiving:
(a) a record of the conviction of any person on a charge of driving a motor vehicle
while the person's license is denied, suspended, revoked, or disqualified;
(b) a record of a conviction of the person for any violation of the motor vehicle law in
which the person was involved as a driver;
(c) a report of an arrest of the person for any violation of the motor vehicle law in
which the person was involved as a driver; or
(d) a report of an accident in which the person was involved as a driver.
(3) When the division receives a report under Subsection (2)(c) or (d) that a person is
driving while the person's license is denied, suspended, disqualified, or revoked, the person is
entitled to a hearing regarding the extension of the time of denial, suspension, disqualification,
or revocation originally imposed under Section 
53-3-221
.
(4) (a) The division may extend to a person the limited privilege of driving a motor
vehicle to and from the person's place of employment or within other specified limits on
recommendation of the judge in any case where a person is convicted of any of the offenses
referred to in Subsections (1) and (2) except:
(i) automobile homicide under Subsection (1)(a)(i);
(ii) those offenses referred to in Subsections (1)(a)(ii), (iii), (xi), (xii), (xiii), (1)(b), and
(1)(c); and
(iii) those offenses referred to in Subsection (2) when the original denial, suspension,
revocation, or disqualification was imposed because of a violation of Section 
41-6a-502
,
41-6a-517
, a local ordinance which complies with the requirements of Subsection
41-6a-510
(1), Section 
41-6a-520
, or Section 
76-5-207
, or a criminal prohibition that the person
was charged with violating as a result of a plea bargain after having been originally charged
with violating one or more of these sections or ordinances, unless:
(A) the person has had the period of the first denial, suspension, revocation, or
disqualification extended for a period of at least three years;
(B) the division receives written verification from the person's primary care physician
that:
(I) to the physician's knowledge the person has not used any narcotic drug or other
controlled substance except as prescribed by a licensed medical practitioner within the last
three years; and
(II) the physician is not aware of any physical, emotional, or mental impairment that
would affect the person's ability to operate a motor vehicle safely; and
(C) for a period of one year prior to the date of the request for a limited driving
privilege:
(I) the person has not been convicted of a violation of any motor vehicle law in which
the person was involved as the operator of the vehicle;
(II) the division has not received a report of an arrest for a violation of any motor
vehicle law in which the person was involved as the operator of the vehicle; and
(III) the division has not received a report of an accident in which the person was
involved as an operator of a vehicle.
(b) (i) Except as provided in Subsection (4)(b)(ii), the discretionary privilege
authorized in this Subsection (4):
(A) is limited to when undue hardship would result from a failure to grant the
privilege; and
(B) may be granted only once to any person during any single period of denial,
suspension, revocation, or disqualification, or extension of that denial, suspension, revocation,
or disqualification.
(ii) The discretionary privilege authorized in Subsection (4)(a)(iii):
(A) is limited to when the limited privilege is necessary for the person to commute to
school or work; and
(B) may be granted only once to any person during any single period of denial,
suspension, revocation, or disqualification, or extension of that denial, suspension, revocation,
or disqualification.
(c) A limited CDL may not be granted to a person disqualified under Part 4, Uniform
Commercial Driver License Act, or whose license has been revoked, suspended, cancelled, or
denied under this chapter.
Section 5. Section 
76-9-701
 is amended to read:
76-9-701.
Intoxication -- Release of arrested person or placement in detoxification
center.
(1) A person is guilty of intoxication if the person is under the influence of alcohol, a
controlled substance, or any substance having the property of releasing toxic vapors, to a
degree that the person may endanger the person or another, in a public place or in a private
place where the person unreasonably disturbs other persons.
(2) (a) A peace officer or a magistrate may release from custody a person arrested
under this section if the peace officer or magistrate believes imprisonment is unnecessary for
the protection of the person or another.
(b) A peace officer may take the arrested person to a detoxification center or other
special facility as an alternative to incarceration or release from custody.
(3) If a minor is found by a court to have violated this section [
and the violation is the
minor's second or subsequent violation of this section
], the court 
shall
:
[
(a) shall order the minor to participate in an educational series as defined in Section
41-6a-501
; and
]
[
(b) may order the minor to participate in a screening as defined in Section 
41-6a-501
.
]
(a) order the minor to complete a screening as defined in Section 
41-6a-501
;
(b) order the minor to complete an assessment as defined in Section 
41-6a-501
 if the
screening indicates an assessment to be appropriate; and
(c) order the minor to complete an educational series as defined in Section 
41-6a-501
or substance abuse treatment as indicated by an assessment.
(4) (a) When a minor who is at least 18 years old, but younger than 21 years old, is
found by a court to have violated this section, the court hearing the case shall suspend the
minor's driving privileges under Section 
53-3-219
.
(b) Notwithstanding the requirement in Subsection (4)(a), the court may reduce the
suspension period required under Section 
53-3-219
 if:
(i) the violation is the minor's first violation of this section; and
(ii) 
(A)
 the minor completes an educational series as defined in Section 
41-6a-501
[
.
]
;
or
(B) the minor demonstrates substantial progress in substance abuse treatment.
(c) Notwithstanding the requirement in Subsection (4)(a) and in accordance with the
requirements of Section 
53-3-219
, the court may reduce the suspension period required under
Section 
53-3-219
 if:
(i) the violation is the minor's second or subsequent violation of this section; [
and
]
(ii) the minor has completed an educational series as defined in Section 
41-6a-501
 or
demonstrated substantial progress in substance abuse treatment; and
[
(ii)
] 
(iii)
 (A) the person is 18 years of age or older and provides a sworn statement to
the court that the person has not unlawfully consumed alcohol 
or drugs
 for at least a one-year
consecutive period during the suspension period imposed under Subsection (4)(a); or
(B) the person is under 18 years of age and has the person's parent or legal guardian
provide an affidavit or sworn statement to the court certifying that to the parent or legal
guardian's knowledge the person has not unlawfully consumed alcohol 
or drugs
 for at least a
one-year consecutive period during the suspension period imposed under Subsection (4)(a).
(5) When a person who is at least 13 years old, but younger than 18 years old, is found
by a court to have violated this section, the provisions regarding suspension of the driver's
license under Section 
78A-6-606
 apply to the violation.
(6) When the court issues an order suspending a person's driving privileges for a
violation of this section, the person's driver license shall be suspended under Section 
53-3-219
.
(7) An offense under this section is a class C misdemeanor.
Section 6. Section 
78A-6-606
 is amended to read:
78A-6-606.
Suspension of license for certain offenses.
(1) This section applies to a minor who is at least 13 years of age when found by the
court to be within its jurisdiction by the commission of an offense under:
(a) Section 
32B-4-409
;
(b) Section 
32B-4-410
;
(c) Section 
32B-4-411
;
(d) Section 
58-37-8
;
(e) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
(f) Title 58, Chapter 37b, Imitation Controlled Substances Act; or
(g) Subsection 
76-9-701
(1).
(2) If the court hearing the case determines that the minor committed an offense under
Section 
58-37-8
 or Title 58, Chapter 37a or 37b, the court shall prepare and send to the Driver
License Division of the Department of Public Safety an order to suspend that minor's driving
privileges.
(3) (a) The court hearing the case shall suspend the minor's driving privileges if[
: (i)
]
the minor violated Section 
32B-4-409
, Section 
32B-4-410
, or Subsection 
76-9-701
(1)[
; and
]
.
[
(ii) the violation described in Subsection (3)(a)(i) was committed on or after July 1,
2009.
]
(b) Notwithstanding the requirement in Subsection 
(2) or
 (3)(a), the court may reduce
the suspension period required under Section 
53-3-219
 if:
(i) the violation is the minor's first violation of
:
(A)
 Section 
32B-4-409
[
,
]
;
(B)
 Section 
32B-4-410
[
,
]
;
(C) Section 
58-37-8
;
(D) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
(E) Tile 58, Chapter 37b, Imitation Controlled Substances Act;
 or
(F)
 Subsection 
76-9-701
(1); and
(ii) 
(A)
 the minor completes an educational series as defined in Section 
41-6a-501
[
.
]
;
or
(B) the minor demonstrates substantial progress in substance abuse treatment.
(c) Notwithstanding the requirement in Subsection 
(2) or
 (3)(a) and in accordance with
the requirements of Section 
53-3-219
, the court may reduce the suspension period required
under Section 
53-3-219
 if:
(i) the violation is the minor's second or subsequent violation of
:
(A)
 Section 
32B-4-409
[
,
]
;
(B)
 Section 
32B-4-410
[
,
]
;
(C) Section 
58-37-8
;
(D) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
(E) Title 58, Chapter 37b, Imitation Controlled Substances Act;
 or
(F)
 Subsection 
76-9-701
(1); [
and
]
(ii) the minor has completed an educational series as defined in Section 
41-6a-501
 or
demonstrated substantial progress in substance abuse treatment; and
[
(ii)
] 
(iii)
 (A) the person is 18 years of age or older and provides a sworn statement to
the court that the person has not unlawfully consumed alcohol 
or drugs
 for at least a one-year
consecutive period during the suspension period imposed under Subsection (3)(a); or
(B) the person is under 18 years of age and has the person's parent or legal guardian
provide an affidavit or sworn statement to the court certifying that to the parent or legal
guardian's knowledge the person has not unlawfully consumed alcohol 
or drugs
 for at least a
one-year consecutive period during the suspension period imposed under Subsection (3)(a).
(d) If a minor commits a proof of age violation, as defined in Section 
32B-4-411
:
(i) the court shall forward a record of adjudication to the Department of Public Safety
for a first or subsequent violation; and
(ii) the minor's driving privileges will be suspended:
(A) for a period of at least one year under Section 
53-3-220
 for a first conviction for a
violation of Section 
32B-4-411
; or
(B) for a period of two years for a second or subsequent conviction for a violation of
Section 
32B-4-411
.
(e) Notwithstanding the requirement in Subsection (3)(d), the court may reduce the
suspension period imposed under Subsection (3)(d)(ii)(A) if:
(i) the violation is the minor's first violation of Section 
32B-4-411
; and
(ii) (A) the minor completes an educational series as defined in Section 
41-6a-501
; or
(B) the minor demonstrates substantial progress in substance abuse treatment.
(f) Notwithstanding the requirement in Subsection (3)(d), the court may reduce the
suspension period imposed under Subsection (3)(d)(ii)(B) if:
(i) the violation is the minor's second or subsequent violation of Section 
32B-4-411
;
(ii) the minor has completed an educational series as defined in Section 
41-6a-501
 or
demonstrated substantial progress in substance abuse treatment; and
(iii) (A) the person is 18 years of age or older and provides a sworn statement to the
court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
consecutive period during the suspension period imposed under Subsection (3)(d)(ii)(B); or
(B) the person is under 18 years of age and has the person's parent or legal guardian
provide an affidavit or sworn statement to the court certifying that to the parent or legal
guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at least a
one-year consecutive period during the suspension period imposed under Subsection
(3)(d)(ii)(B).
(4) A minor's license shall be suspended under Section 
53-3-219
 when a court issues
an order suspending the minor's driving privileges for a violation of:
(a) Section 
32B-4-409
;
(b) Section 
32B-4-410
;
(c) Section 
58-37-8
;
(d) Title 58, Chapter 37a or 37b; or
(e) Subsection 
76-9-701
(1).
(5) When the Department of Public Safety receives the arrest or conviction record of a
person for a driving offense committed while the person's license is suspended under this
section, the Department of Public Safety shall extend the suspension for a like period of time.
Legislative Review Note
 as of 2-5-15 5:06 PM
Office of Legislative Research and General Counsel