Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 295 First Substitute (2018GS)

Sponsor

Rep. Eliason, S.

Final action

Governor Signed 3/16/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• increases the penalty for driving under the influence to a class A misdemeanor if the individual was also driving in the wrong direction on a freeway or controlled-access highway during the same occurrence; and
• makes technical changes.

Every vote on this bill

Bill text

DRIVING UNDER THE INFLUENCE MODIFICATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: 
J. Stuart Adams
LONG TITLE
General Description:
This bill modifies penalties for driving under the influence if the individual is also
convicted for driving in the wrong direction during the same occurrence.
Highlighted Provisions:
This bill:
▸ increases the penalty for driving under the influence to a class A misdemeanor if the
individual was also driving in the wrong direction on a freeway or controlled-access
highway during the same occurrence; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-6a-503
, as last amended by Laws of Utah 2009, Chapter 214
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
41-6a-503
 is amended to read:
41-6a-503.
Penalties for driving under the influence violations.
(1) A person who violates for the first or second time Section 
41-6a-502
 is guilty of a:
(a) class B misdemeanor; or
(b) class A misdemeanor if the person:
(i) has also inflicted bodily injury upon another as a proximate result of having
operated the vehicle in a negligent manner;
(ii) had a passenger under 16 years of age in the vehicle at the time of the offense; [
or
]
(iii) was 21 years of age or older and had a passenger under 18 years of age in the
vehicle at the time of the offense[
.
]
; or
(iv) at the time of the violation of Section 
41-6a-502
, also violated Section 
41-6a-714
.
(2) A person who violates Section 
41-6a-502
 is guilty of a third degree felony if:
(a) the person has also inflicted serious bodily injury upon another as a proximate
result of having operated the vehicle in a negligent manner;
(b) the person has two or more prior convictions as defined in Subsection
41-6a-501
(2), each of which is within 10 years of:
(i) the current conviction under Section 
41-6a-502
; or
(ii) the commission of the offense upon which the current conviction is based; or
(c) the conviction under Section 
41-6a-502
 is at any time after a conviction of:
(i) automobile homicide under Section 
76-5-207
 that is committed after July 1, 2001;
(ii) a felony violation of Section 
41-6a-502
 or a statute previously in effect in this state
that would constitute a violation of Section 
41-6a-502
 that is committed after July 1, 2001; or
(iii) any conviction described in Subsection (2)(c)(i) or (ii) which judgment of
conviction is reduced under Section 
76-3-402
.
(3) 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 Section 
76-5-207
 whether or not the injuries arise from the
same episode of driving.