Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 150 (2015GS)

Sponsor

Sen. Jenkins, S.

Final action

Governor Signed 3/31/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• provides that an impaired driving plea is not available to a person who has certain prior convictions;
• requires the court to impose, for a felony driving under the influence violation, an order requiring the person to obtain a screening and assessment for alcohol and substance abuse and treatment as appropriate;
• requires the court to order the installation of the ignition interlock system, at the person's expense, for all motor vehicles registered to that person and all motor vehicles operated by that person if a person is convicted of a driving under the influence violation within 10 years of a prior conviction;
• provides that a person who operates a motor vehicle without an ignition interlock device as ordered by the court is in violation of driving without an ignition interlock system; and
• makes technical corrections.

Every vote on this bill

Bill text

DRIVING UNDER THE INFLUENCE SENTENCING
REVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Scott K. Jenkins
House Sponsor: 
Lee B. Perry
LONG TITLE
General Description:
This bill modifies provisions relating to sentencing requirements for driving under the
influence violations.
Highlighted Provisions:
This bill:
▸ provides that an impaired driving plea is not available to a person who has certain
prior convictions;
▸ requires the court to impose, for a felony driving under the influence violation, an
order requiring the person to obtain a screening and assessment for alcohol and
substance abuse and treatment as appropriate;
▸ requires the court to order the installation of the ignition interlock system, at the
person's expense, for all motor vehicles registered to that person and all motor
vehicles operated by that person if a person is convicted of a driving under the
influence violation within 10 years of a prior conviction;
▸ provides that a person who operates a motor vehicle without an ignition interlock
device as ordered by the court is in violation of driving without an ignition interlock
system; and
▸ makes technical corrections.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-6a-502.5
, as last amended by Laws of Utah 2010, Chapter 109
41-6a-505
, as last amended by Laws of Utah 2013, Chapter 71
41-6a-512
, as last amended by Laws of Utah 2008, Chapter 226
41-6a-518
, as last amended by Laws of Utah 2011, Chapter 421
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
41-6a-502.5
 is amended to read:
41-6a-502.5.
Impaired driving -- Penalty -- Reporting of convictions -- Sentencing
requirements.
(1) With the agreement of the prosecutor, a plea to a class B misdemeanor violation of
Section 
41-6a-502
 committed on or after July 1, 2008, may be entered as a conviction of
impaired driving under this section if:
(a) the defendant completes court ordered probation requirements; or
(b) (i) the prosecutor agrees as part of a negotiated plea; and
(ii) the court finds the plea to be in the interest of justice.
(2) A conviction entered under this section is a class B misdemeanor.
(3) (a) (i) If the entry of an impaired driving plea is based on successful completion of
probation under Subsection (1)(a), the court shall enter the conviction at the time of the plea.
(ii) If the defendant fails to appear before the court and establish successful completion
of the court ordered probation requirements under Subsection (1)(a), the court shall enter an
amended conviction of Section 
41-6a-502
.
(iii) The date of entry of the amended order under Subsection (3)(a)(ii) is the date of
conviction.
(b) The court may enter a conviction of impaired driving immediately under
Subsection (1)(b).
(4) For purposes of Section 
76-3-402
, the entry of a plea to a class B misdemeanor
violation of Section 
41-6a-502
 as impaired driving under this section is a reduction of one
degree.
(5) (a) The court shall notify the Driver License Division of each conviction entered
under this section.
(b) Beginning on July 1, 2012, a court shall, monthly, send to the Division of
Occupational and Professional Licensing, created in Section 
58-1-103
, a report containing the
name, case number, and, if known, the date of birth of each person convicted during the
preceding month of a violation of this section for whom there is evidence that the person was
driving while impaired, in whole or in part, by a prescribed controlled substance.
(6) (a) The provisions in Subsections 
41-6a-505
(1), (2), and [
(3)
] 
(4)
 that require a
sentencing court to order a convicted person to participate in a screening, an assessment, or an
educational series, or obtain substance abuse treatment or do a combination of those things,
apply to a conviction entered under this section.
(b) The court shall render the same order regarding screening, assessment, an
educational series, or substance abuse treatment in connection with a first, second, or
subsequent conviction under this section as the court would render in connection with applying
respectively, the first, second, or subsequent conviction requirements of Subsection
41-6a-505
(1), (2), or [
(3)
] 
(4)
.
(7) (a) Except as provided in Subsection (7)(b), a report authorized by Section
53-3-104
 may not contain any evidence of a conviction for impaired driving in this state if the
reporting court notifies the Driver License Division that the defendant is participating in or has
successfully completed the program of a driving under the influence court.
(b) The provisions of Subsection (7)(a) do not apply to a report concerning:
(i) a CDL license holder; or
(ii) a violation that occurred in a commercial motor vehicle.
(8) The provisions of this section are not available to a person who has a prior
conviction as that term is defined in Subsection 
41-6a-501
(2).
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
:
(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):
(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; 
and
(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) For Subsection (3)(a) or Subsection 
41-6a-503
(2)(b), the court shall impose an
order requiring the person to obtain a screening and assessment for alcohol and substance
abuse, and treatment as appropriate.
[
(4)
] 
(5)
 (a) The requirements of Subsections (1)(a), (2)(a), [
and
] (3)(a)
, and (4)
 may
not be suspended.
(b) Probation or parole resulting from a conviction for a violation under this section
may not be terminated.
[
(5)
] 
(6)
 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)
] 
(4)
; 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
.
Section 3. Section 
41-6a-512
 is amended to read:
41-6a-512.
Factual basis for alcohol or drug-related reckless driving plea.
(1) (a) The prosecution shall state for the record a factual basis for a plea, including
whether or not there had been consumption of alcohol, drugs, or a combination of both, by the
defendant in connection with the violation when the prosecution agrees to a plea of guilty or no
contest to a charge of a violation of the following in satisfaction of, or as a substitute for, an
original charge of a violation of Section 
41-6a-502
 for an offense committed before July 1,
2008:
(i) reckless driving under Section 
41-6a-528
; or
(ii) an ordinance enacted under Section 
41-6a-510
.
(b) The statement under Subsection (1)(a) is an offer of proof of the facts that shows
whether there was consumption of alcohol, drugs, or a combination of both, by the defendant,
in connection with the violation.
(2) The court shall advise the defendant before accepting the plea offered under this
section of the consequences of a violation of Section 
41-6a-528
.
(3) The court shall notify the Driver License Division of each conviction of Section
41-6a-528
 entered under this section.
(4) (a) The provisions in Subsections 
41-6a-505
(1), (2), and [
(3)
] 
(4)
 that require a
sentencing court to order a convicted person to participate in a screening, an assessment, or an
educational series or obtain substance abuse treatment or do a combination of those things,
apply to a conviction for a violation of Section 
41-6a-528
 under Subsection (1).
(b) The court shall render the same order regarding screening, assessment, an
educational series, or substance abuse treatment in connection with a first, second, or
subsequent conviction under Section 
41-6a-528
 under Subsection (1), as the court would
render in connection with applying respectively, the first, second, or subsequent conviction
requirements of Subsections 
41-6a-505
(1), (2), and [
(3)
] 
(4)
.
Section 4. Section 
41-6a-518
 is amended to read:
41-6a-518.
Ignition interlock devices -- Use -- Probationer to pay cost --
Impecuniosity -- Fee.
(1) As used in this section:
(a) "Commissioner" means the commissioner of the Department of Public Safety.
(b) "Ignition interlock system" or "system" means a constant monitoring device or any
similar device certified by the commissioner that prevents a motor vehicle from being started
or continuously operated without first determining the driver's breath alcohol concentration.
(c) "Probation provider" means the supervisor and monitor of the ignition interlock
system required as a condition of probation who contracts with the court in accordance with
Subsections 
41-6a-507
(2) and (3).
(2) (a) In addition to any other penalties imposed under Sections 
41-6a-503
 and
41-6a-505
, and in addition to any requirements imposed as a condition of probation, the court
may require that any person who is convicted of violating Section 
41-6a-502
 and who is
granted probation may not operate a motor vehicle during the period of probation unless that
motor vehicle is equipped with a functioning, certified ignition interlock system installed and
calibrated so that the motor vehicle will not start or continuously operate if the operator's blood
alcohol concentration exceeds a level ordered by the court.
(b) If a person convicted of violating Section 
41-6a-502
 was under the age of 21 when
the violation occurred, the court shall order the installation of the ignition interlock system as a
condition of probation.
(c) (i) If a person is convicted of a violation of Section 
41-6a-502
 within 10 years of a
prior conviction as defined in Subsection 
41-6a-501
(2), the court shall order the installation of
the interlock ignition system, at the person's expense, for all motor vehicles registered to that
person and all motor vehicles operated by that person.
(ii) A person who operates a motor vehicle without an ignition interlock device as
required under this Subsection (2)(c) is in violation of Section 
41-6a-518.2
.
[
(c)
] 
(d)
 The division shall post the ignition interlock restriction on the electronic
record available to law enforcement.
[
(d)
] 
(e)
 This section does not apply to a person convicted of a violation of Section
41-6a-502
 whose violation involves drugs other than alcohol.
(3) If the court imposes the use of an ignition interlock system as a condition of
probation, the court shall:
(a) stipulate on the record the requirement for and the period of the use of an ignition
interlock system;
(b) order that an ignition interlock system be installed on each motor vehicle owned or
operated by the probationer, at the probationer's expense;
(c) immediately notify the Driver License Division and the person's probation provider
of the order; and
(d) require the probationer to provide proof of compliance with the court's order to the
probation provider within 30 days of the order.
(4) (a) The probationer shall provide timely proof of installation within 30 days of an
order imposing the use of a system or show cause why the order was not complied with to the
court or to the probationer's probation provider.
(b) The probation provider shall notify the court of failure to comply under Subsection
(4)(a).
(c) For failure to comply under Subsection (4)(a) or upon receiving the notification
under Subsection (4)(b), the court shall order the Driver License Division to suspend the
probationer's driving privileges for the remaining period during which the compliance was
imposed.
(d) Cause for failure to comply means any reason the court finds sufficiently justifiable
to excuse the probationer's failure to comply with the court's order.
(5) (a) Any probationer required to install an ignition interlock system shall have the
system monitored by the manufacturer or dealer of the system for proper use and accuracy at
least semiannually and more frequently as the court may order.
(b) (i) A report of the monitoring shall be issued by the manufacturer or dealer to the
court or the person's probation provider.
(ii) The report shall be issued within 14 days following each monitoring.
(6) (a) If an ignition interlock system is ordered installed, the probationer shall pay the
reasonable costs of leasing or buying and installing and maintaining the system.
(b) A probationer may not be excluded from this section for inability to pay the costs,
unless:
(i) the probationer files an affidavit of impecuniosity; and
(ii) the court enters a finding that the probationer is impecunious.
(c) In lieu of waiver of the entire amount of the cost, the court may direct the
probationer to make partial or installment payments of costs when appropriate.
(d) The ignition interlock provider shall cover the costs of waivers by the court under
this Subsection (6).
(7) (a) If a probationer is required in the course and scope of employment to operate a
motor vehicle owned by the probationer's employer, the probationer may operate that motor
vehicle without installation of an ignition interlock system only if:
(i) the motor vehicle is used in the course and scope of employment;
(ii) the employer has been notified that the employee is restricted; and
(iii) the employee has proof of the notification in the employee's possession while
operating the employer's motor vehicle.
(b) (i) To the extent that an employer-owned motor vehicle is made available to a
probationer subject to this section for personal use, no exemption under this section shall apply.
(ii) A probationer intending to operate an employer-owned motor vehicle for personal
use and who is restricted to the operation of a motor vehicle equipped with an ignition interlock
system shall notify the employer and obtain consent in writing from the employer to install a
system in the employer-owned motor vehicle.
(c) A motor vehicle owned by a business entity that is all or partly owned or controlled
by a probationer subject to this section is not a motor vehicle owned by the employer and does
not qualify for an exemption under this Subsection (7).
(8) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the commissioner shall make rules setting standards for the certification of ignition interlock
systems.
(b) The standards under Subsection (8)(a) shall require that the system:
(i) not impede the safe operation of the motor vehicle;
(ii) have features that make circumventing difficult and that do not interfere with the
normal use of the motor vehicle;
(iii) require a deep lung breath sample as a measure of breath alcohol concentration;
(iv) prevent the motor vehicle from being started if the driver's breath alcohol
concentration exceeds a specified level;
(v) work accurately and reliably in an unsupervised environment;
(vi) resist tampering and give evidence if tampering is attempted;
(vii) operate reliably over the range of motor vehicle environments; and
(viii) be manufactured by a party who will provide liability insurance.
(c) The commissioner may adopt in whole or in part, the guidelines, rules, studies, or
independent laboratory tests relied upon in certification of ignition interlock systems by other
states.
(d) A list of certified systems shall be published by the commissioner and the cost of
certification shall be borne by the manufacturers or dealers of ignition interlock systems
seeking to sell, offer for sale, or lease the systems.
(e) (i) In accordance with Section 
63J-1-504
, the commissioner may establish an
annual dollar assessment against the manufacturers of ignition interlock systems distributed in
the state for the costs incurred in certifying.
(ii) The assessment under Subsection (8)(e)(i) shall be apportioned among the
manufacturers on a fair and reasonable basis.
(f) The commissioner shall require a provider of an ignition interlock system certified
in accordance with this section to comply with the requirements of Title 53, Chapter 3, Part 10,
Ignition Interlock System Program Act.
(9) There shall be no liability on the part of, and no cause of action of any nature shall
arise against, the state or its employees in connection with the installation, use, operation,
maintenance, or supervision of an interlock ignition system as required under this section.