Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 155 First Substitute (2017GS)

Sponsor

Rep. Thurston, N.  (Thurston’s own bill)

Final action

Governor Signed 3/23/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• reduces the blood alcohol content limit for driving under the influence;
• reduces the blood alcohol content limit in relation to certain criminal offenses;
• defines "novice learner driver";
• defines "novice licensed driver";
• modifies the definition of "alcohol restricted driver" to include a novice learner driver and a novice licensed driver; and
• makes technical changes.

Every vote on this bill

Bill text

DRIVING UNDER THE INFLUENCE AND PUBLIC SAFETY
REVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Norman K Thurston
Senate Sponsor: 
J. Stuart Adams
LONG TITLE
General Description:
This bill amends provisions related to driving under the influence.
Highlighted Provisions:
This bill:
▸ reduces the blood alcohol content limit for driving under the influence;
▸ reduces the blood alcohol content limit in relation to certain criminal offenses;
▸ defines "novice learner driver";
▸ defines "novice licensed driver";
▸ modifies the definition of "alcohol restricted driver" to include a novice learner
driver and a novice licensed driver; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
34A-3-112
, as renumbered and amended by Laws of Utah 1997, Chapter 375
41-6a-501
, as last amended by Laws of Utah 2010, Chapter 283
41-6a-502
, as last amended by Laws of Utah 2010, Chapter 109
41-6a-529
, as last amended by Laws of Utah 2008, Chapter 226
76-5-207
, as last amended by Laws of Utah 2009, Chapter 214
ENACTS:
41-6a-515.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
34A-3-112
 is amended to read:
34A-3-112.
Employee's willful misconduct.
(1) Notwithstanding anything contained in this chapter, an employee or dependent of
any employee is not entitled to receive compensation for disability or death from an
occupational disease when the disability or death, wholly or in part, was caused by the
purposeful self-exposure of the employee.
(2) Except in cases resulting in death:
(a) Compensation provided for in this chapter shall be reduced 15% when the
occupational disease is caused by the willful failure of the employee:
(i) to use safety devices when provided by the employer; or
(ii) to obey any order or reasonable rule adopted by the employer for the safety of the
employee.
(b) Except when the employer permitted, encouraged, or had actual knowledge of the
conduct described in Subsections (2)(b)(i) through (iii), disability compensation may not be
awarded under this chapter to an employee when the major contributing cause of the
employee's disease is the employee's:
(i) use of illegal substances;
(ii) intentional abuse of drugs in excess of prescribed therapeutic amounts; or
(iii) intoxication from alcohol with a blood or breath alcohol concentration of [
.08
] 
.05
grams or greater as shown by a chemical test.
Section 2. Section 
41-6a-501
 is amended to read:
41-6a-501.
Definitions.
(1) As used in this part:
(a) "Assessment" means an in-depth clinical interview with a licensed mental health
therapist:
(i) used to determine if a person is in need of:
(A) substance abuse treatment that is obtained at a substance abuse program;
(B) an educational series; or
(C) a combination of Subsections (1)(a)(i)(A) and (B); and
(ii) that is approved by the Division of Substance Abuse and Mental Health in
accordance with Section 
62A-15-105
.
(b) "Driving under the influence court" means a court that is approved as a driving
under the influence court by the Utah Judicial Council according to standards established by
the Judicial Council.
(c) "Drug" or "drugs" means:
(i) a controlled substance as defined in Section 
58-37-2
;
(ii) a drug as defined in Section 
58-17b-102
; or
(iii) any substance that, when knowingly, intentionally, or recklessly taken into the
human body, can impair the ability of a person to safely operate a motor vehicle.
(d) "Educational series" means an educational series obtained at a substance abuse
program that is approved by the Division of Substance Abuse and Mental Health in accordance
with Section 
62A-15-105
.
(e) "Negligence" means simple negligence, the failure to exercise that degree of care
that an ordinarily reasonable and prudent person exercises under like or similar circumstances.
(f) "Novice learner driver" means an individual who:
(i) has applied for a Utah driver license;
(ii) has not previously held a driver license in this state or another state; and
(iii) has not completed the requirements for issuance of a Utah driver license.
(g) "Novice licensed driver" means an individual who:
(i) has completed the requirements for issuance of a Utah driver license;
(ii) was issued a Utah driver license within the last two years; and
(iii) has not previously held a driver license in this state or another state.
[
(f)
] 
(h)
 "Screening" means a preliminary appraisal of a person:
(i) used to determine if the person is in need of:
(A) an assessment; or
(B) an educational series; and
(ii) that is approved by the Division of Substance Abuse and Mental Health in
accordance with Section 
62A-15-105
.
[
(g)
] 
(i)
 "Serious bodily injury" means bodily injury that creates or causes:
(i) serious permanent disfigurement;
(ii) protracted loss or impairment of the function of any bodily member or organ; or
(iii) a substantial risk of death.
[
(h)
] 
(j)
 "Substance abuse treatment" means treatment obtained at a substance abuse
program that is approved by the Division of Substance Abuse and Mental Health in accordance
with Section 
62A-15-105
.
[
(i)
] 
(k)
 "Substance abuse treatment program" means a state licensed substance abuse
program.
[
(j)
] 
(l)
 (i) "Vehicle" or "motor vehicle" means a vehicle or motor vehicle as defined in
Section 
41-6a-102
; and
(ii) "Vehicle" or "motor vehicle" includes:
(A) an off-highway vehicle as defined under Section 
41-22-2
; and
(B) a motorboat as defined in Section 
73-18-2
.
(2) As used in Section 
41-6a-503
:
(a) "Conviction" means any conviction arising from a separate episode of driving for a
violation of:
(i) driving under the influence under Section 
41-6a-502
;
(ii) (A) for an offense committed before July 1, 2008, alcohol, any drug, or a
combination of both-related reckless driving under:
(I) Section 
41-6a-512
; and
(II) Section 
41-6a-528
; or
(B) for an offense committed on or after July 1, 2008, impaired driving under Section
41-6a-502.5
;
(iii) driving with any measurable controlled substance that is taken illegally in the body
under Section 
41-6a-517
;
(iv) local ordinances similar to Section 
41-6a-502
, alcohol, any drug, or a combination
of both-related reckless driving, or impaired driving under Section 
41-6a-502.5
 adopted in
compliance with Section 
41-6a-510
;
(v) automobile homicide under Section 
76-5-207
;
(vi) Subsection 
58-37-8
(2)(g);
(vii) a violation described in Subsections (2)(a)(i) through (vi), which judgment of
conviction is reduced under Section 
76-3-402
; or
(viii) statutes or ordinances previously in effect in this state or in effect in any other
state, the United States, or any district, possession, or territory of the United States which
would constitute a violation of Section 
41-6a-502
 or alcohol, any drug, or a combination of
both-related reckless driving if committed in this state, including punishments administered
under 10 U.S.C. Sec. 815.
(b) A plea of guilty or no contest to a violation described in Subsections (2)(a)(i)
through (viii) which plea was held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance,
prior to July 1, 2008, is the equivalent of a conviction, even if the charge has been subsequently
reduced or dismissed in accordance with the plea in abeyance agreement, for purposes of:
(i) enhancement of penalties under:
(A) this Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving; and
(B) automobile homicide under Section 
76-5-207
; and
(ii) expungement under Title 77, Chapter 40, Utah Expungement Act.
Section 3. Section 
41-6a-502
 is amended to read:
41-6a-502.
Driving under the influence of alcohol, drugs, or a combination of
both or with specified or unsafe blood alcohol concentration -- Reporting of convictions.
(1) A person may not operate or be in actual physical control of a vehicle within this
state if the person:
(a) has sufficient alcohol in the person's body that a subsequent chemical test shows
that the person has a blood or breath alcohol concentration of [
.08
] 
.05
 grams or greater at the
time of the test;
(b) is under the influence of alcohol, any drug, or the combined influence of alcohol
and any drug to a degree that renders the person incapable of safely operating a vehicle; or
(c) has a blood or breath alcohol concentration of [
.08
] 
.05
 grams or greater at the time
of operation or actual physical control.
(2) Alcohol concentration in the blood shall be based upon grams of alcohol per 100
milliliters of blood, and alcohol concentration in the breath shall be based upon grams of
alcohol per 210 liters of breath.
(3) A violation of this section includes a violation under a local ordinance similar to
this section adopted in compliance with Section 
41-6a-510
.
(4) 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 under the influence, in whole or in part, of a prescribed controlled substance.
Section 4. Section 
41-6a-515.5
 is enacted to read:
 41-6a-515.5.
Field sobriety test training.
Each law enforcement agency shall ensure that each peace officer receives training on
the current standard field sobriety testing guidelines established by the National Highway
Traffic Safety Administration.
Section 5. Section 
41-6a-529
 is amended to read:
41-6a-529.
Definitions -- Alcohol restricted drivers.
(1) As used in this section and Section 
41-6a-530
, "alcohol restricted driver" means a
person who:
(a) within the last two years:
(i) has been convicted of:
(A) a misdemeanor violation of Section 
41-6a-502
;
(B) alcohol, any drug, or a combination of both-related reckless driving under Section
41-6a-512
;
(C) impaired driving under Section 
41-6a-502.5
;
(D) local ordinances similar to Section 
41-6a-502
, alcohol, any drug, or a combination
of both-related reckless driving, or impaired driving adopted in compliance with Section
41-6a-510
;
(E) a violation described in Subsections (1)(a)(i)(A) through (D), which judgment of
conviction is reduced under Section 
76-3-402
; or
(F) statutes or ordinances previously in effect in this state or in effect in any other state,
the United States, or any district, possession, or territory of the United States which would
constitute a violation of Section 
41-6a-502
, alcohol, any drug, or a combination of both-related
reckless driving, or impaired driving if committed in this state, including punishments
administered under 10 U.S.C. Sec. 815; or
(ii) has had the person's driving privilege suspended under Section 
53-3-223
 for an
alcohol-related offense based on an arrest which occurred on or after July 1, 2005;
(b) within the last three years has been convicted of a violation of this section or
Section 
41-6a-518.2
;
(c) within the last five years:
(i) has had the person's driving privilege revoked for refusal to submit to a chemical
test under Section 
41-6a-520
, which refusal occurred on or after July 1, 2005; or
(ii) has been convicted of a class A misdemeanor violation of Section 
41-6a-502
committed on or after July 1, 2008;
(d) within the last 10 years:
(i) has been convicted of an offense described in Subsection (1)(a)(i) which offense
was committed within 10 years of the commission of a prior offense described in Subsection
(1)(a)(i) for which the person was convicted; or
(ii) has had the person's driving privilege revoked for refusal to submit to a chemical
test and the refusal is within 10 years after:
(A) a prior refusal to submit to a chemical test under Section 
41-6a-520
; or
(B) a prior conviction for an offense described in Subsection (1)(a)(i) which is not
based on the same arrest as the refusal;
(e) at any time has been convicted of:
(i) automobile homicide under Section 
76-5-207
 for an offense that occurred on or
after July 1, 2005; or
(ii) a felony violation of Section 
41-6a-502
 for an offense that occurred on or after July
1, 2005; [
or
]
(f) at the time of operation of a vehicle is under 21 years of age[
.
]
; or
(g) is a novice learner driver or a novice licensed driver.
(2) For purposes of this section and Section 
41-6a-530
, a plea of guilty or no contest to
a violation described in Subsection (1)(a)(i) which plea was held in abeyance under Title 77,
Chapter 2a, Pleas in Abeyance, prior to July 1, 2008, is the equivalent of a conviction, even if
the charge has been subsequently reduced or dismissed in accordance with the plea in abeyance
agreement.
Section 6. Section 
76-5-207
 is amended to read:
76-5-207.
Automobile homicide.
(1) As used in this section:
(a) "Drug" or "drugs" means:
(i) a controlled substance as defined in Section 
58-37-2
;
(ii) a drug as defined in Section 
58-17b-102
; or
(iii) any substance that, when knowingly, intentionally, or recklessly taken into the
human body, can impair the ability of a person to safely operate a motor vehicle.
(b) "Motor vehicle" means any self-propelled vehicle and includes any automobile,
truck, van, motorcycle, train, engine, watercraft, or aircraft.
(2) (a) Criminal homicide is automobile homicide, a third degree felony, if the person
operates a motor vehicle in a negligent manner causing the death of another and:
(i) has sufficient alcohol in his body that a subsequent chemical test shows that the
person has a blood or breath alcohol concentration of [
.08
] 
.05
 grams or greater at the time of
the test;
(ii) is under the influence of alcohol, any drug, or the combined influence of alcohol
and any drug to a degree that renders the person incapable of safely operating a vehicle; or
(iii) has a blood or breath alcohol concentration of [
.08
] 
.05
 grams or greater at the
time of operation.
(b) A conviction for a violation of this Subsection (2) is a second degree felony if it is
subsequent to a conviction as defined in Subsection 
41-6a-501
(2).
(c) As used in this Subsection (2), "negligent" means simple negligence, the failure to
exercise that degree of care that reasonable and prudent persons exercise under like or similar
circumstances.
(3) (a) Criminal homicide is automobile homicide, a second degree felony, if the
person operates a motor vehicle in a criminally negligent manner causing the death of another
and:
(i) has sufficient alcohol in his body that a subsequent chemical test shows that the
person has a blood or breath alcohol concentration of [
.08
] 
.05
 grams or greater at the time of
the test;
(ii) is under the influence of alcohol, any drug, or the combined influence of alcohol
and any drug to a degree that renders the person incapable of safely operating a vehicle; or
(iii) has a blood or breath alcohol concentration of [
.08
] 
.05
 grams or greater at the
time of operation.
(b) As used in this Subsection (3), "criminally negligent" means criminal negligence as
defined by Subsection 
76-2-103
(4).
(4) The standards for chemical breath analysis as provided by Section 
41-6a-515
 and
the provisions for the admissibility of chemical test results as provided by Section 
41-6a-516
apply to determination and proof of blood alcohol content under this section.
(5) Calculations of blood or breath alcohol concentration under this section shall be
made in accordance with Subsection 
41-6a-502
(1).
(6) The fact that a person charged with violating this section is or has been legally
entitled to use alcohol or a drug is not a defense.
(7) Evidence of a defendant's blood or breath alcohol content or drug content is
admissible except when prohibited by Rules of Evidence or the constitution.
(8) 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
result of the person's violation of this section whether or not the injuries arise from the same
episode of driving.
Section 7. 
Effective date.
This bill takes effect on December 30, 2018.