Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 98 (2018GS)

Sponsor

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

Final action

Governor Signed 3/15/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• removes the definition of "novice licensed driver"; and
• removes a novice licensed driver from the definition of "alcohol restricted driver."

Every vote on this bill

Bill text

DRIVING UNDER THE INFLUENCE REVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Norman K. Thurston
Senate Sponsor: 
 J. Stuart Adams
LONG TITLE
General Description:
This bill amends the definitions of "novice licensed driver" and "alcohol restricted
driver."
Highlighted Provisions:
This bill:
▸ removes the definition of "novice licensed driver"; and
▸ removes a novice licensed driver from the definition of "alcohol restricted driver."
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
41-6a-501
 (Effective 12/30/18)
, as last amended by Laws of Utah 2017, Chapter 283
41-6a-529
 (Effective 12/30/18)
, as last amended by Laws of Utah 2017, Chapter 283
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
41-6a-501 (Effective 12/30/18)
 is amended to read:
41-6a-501 (Effective 12/30/18).
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.
]
[
(h)
] 
(g)
 "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
.
[
(i)
] 
(h)
 "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.
[
(j)
] 
(i)
 "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
.
[
(k)
] 
(j)
 "Substance abuse treatment program" means a state licensed substance abuse
program.
[
(l)
] 
(k)
 (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 2. Section 
41-6a-529 (Effective 12/30/18)
 is amended to read:
41-6a-529 (Effective 12/30/18).
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;
(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 3. 
Effective date.
This bill takes effect on December 30, 2018.
Legislative Review Note
Office of Legislative Research and General Counsel