Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 162 Second Substitute (2017GS)

Sponsor

Rep. Eliason, S.

Final action

Governor Signed 3/28/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies sentencing requirements for an individual convicted of driving under the influence; and
• makes technical changes.

Every vote on this bill

Bill text

DRIVING UNDER THE INFLUENCE CLASSIFICATION
AND SENTENCING REVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: 
Curtis S. Bramble
LONG TITLE
General Description:
This bill modifies provisions related to classification of crimes and sentencing of
individuals convicted of driving under the influence.
Highlighted Provisions:
This bill:
▸ modifies sentencing requirements for an individual convicted of driving under the
influence; and
▸ makes technical changes.
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 2016, Chapter 148
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; 
or
(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;
(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;
(vii) (A) order the person 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), other than the person sentenced, order the person sentenced to reimburse the
party; or
(viii) (A) order the person 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), other than the person sentenced, order the person sentenced to reimburse the
party; 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 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; 
or
[
(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
;
]
(B) impose a jail sentence of not less than 120 hours in addition to home confinement
of not fewer than 720 consecutive hours through the use of electronic monitoring that includes
a substance abuse testing instrument 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;
(vi) order probation for the person in accordance with Section 
41-6a-507
;
(vii) (A) order the person 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), other than the person sentenced, order the person sentenced to reimburse the
party; or
(viii) (A) order the person 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), other than the person sentenced, order the person sentenced to reimburse the
party; 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)
 a fine of not less than $1,500;
[
(ii)
] 
(b)
 a jail sentence of not less than 1,500 hours; and
[
(iii)
] 
(c)
 supervised probation[
; 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.
(5) (a) The requirements of Subsections (1)(a), (2)(a), (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.
(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 (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
.