Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 44 (2018GS)

Sponsor

Sen. Fillmore, L.

Final action

Governor Signed 3/13/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• clarifies that a peace officer may use discretion whether to impound a motor vehicle in situations where public safety may be jeopardized.

Every vote on this bill

Bill text

IMPOUNDMENT OF MOTOR VEHICLE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lincoln Fillmore
House Sponsor: 
Norman K. Thurston
LONG TITLE
General Description:
This bill clarifies situations where a peace officer may use discretion whether to
impound a motor vehicle.
Highlighted Provisions:
This bill:
▸ clarifies that a peace officer may use discretion whether to impound a motor vehicle
in situations where public safety may be jeopardized.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-1a-1101
, as last amended by Laws of Utah 2017, Chapter 416
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
41-1a-1101
 is amended to read:
41-1a-1101.
Seizure -- Circumstances where permitted -- Impound lot standards.
(1) The division or any peace officer, without a warrant, may seize and take possession
of any vehicle, vessel, or outboard motor:
(a) that the division or the peace officer has reason to believe has been stolen;
(b) on which any identification number has been defaced, altered, or obliterated;
(c) that has been abandoned in accordance with Section 
41-6a-1408
;
(d) for which the applicant has written a check for registration or title fees that has not
been honored by the applicant's bank and that is not paid within 30 days;
(e) that is placed on the water with improper registration;
(f) that is being operated on a highway:
(i) with registration that has been expired for more than three months;
(ii) having never been properly registered by the current owner; or
(iii) with registration that is suspended or revoked; or
(g) (i) that the division or the peace officer has reason to believe has been involved in
an accident described in Section 
41-6a-401
, 
41-6a-401.3
, or 
41-6a-401.5
; and
(ii) whose operator did not remain at the scene of the accident until the operator
fulfilled the requirements described in Section 
41-6a-401
 or 
41-6a-401.7
.
(2) (a) Subject to the restriction in Subsection (2)(b), the division or any peace officer,
without a warrant:
(i) shall seize and take possession of any vehicle that is being operated on a highway
without owner's or operator's security in effect for the vehicle as required under Section
41-12a-301
 and the vehicle was involved in an accident; or
(ii) may seize and take possession of any vehicle that is being operated on a highway
without owner's or operator's security in effect for the vehicle as required under Section
41-12a-301
 [
if
] 
after
 the division or any peace officer makes a reasonable determination [
that
]
whether the vehicle would
:
(A) [
the seizure of the vehicle would
] present a public safety concern to the operator
or any of the occupants in the vehicle; or
(B) [
the impoundment of the vehicle would
] prevent the division or the peace officer
from addressing other public safety considerations.
(b) The division or any peace officer may not seize and take possession of a vehicle
under Subsection (2)(a):
(i) if the operator of the vehicle is not carrying evidence of owner's or operator's
security as defined in Section 
41-12a-303.2
 in the vehicle unless the division or peace officer
verifies that owner's or operator's security is not in effect for the vehicle through the Uninsured
Motorist Identification Database created in accordance with Section 
41-12a-803
; or
(ii) if the operator of the vehicle is carrying evidence of owner's or operator's security
as defined in Section 
41-12a-303.2
 in the vehicle and the Uninsured Motorist Identification
Database created in accordance with Section 
41-12a-803
 indicates that the owner's or operator's
security is not in effect for the vehicle, unless the division or a peace officer makes a
reasonable attempt to independently verify that owner's or operator's security is not in effect for
the vehicle.
(3) If necessary for the transportation of a seized vessel, the vessel's trailer may be
seized to transport and store the vessel.
(4) Any peace officer seizing or taking possession of a vehicle, vessel, or outboard
motor under this section shall comply with the provisions of Section 
41-6a-1406
.
(5) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the commission shall make rules setting standards for public garages, impound lots, and
impound yards that may be used by peace officers and the division.
(b) The standards shall be equitable, reasonable, and unrestrictive as to the number of
public garages, impound lots, or impound yards per geographical area.
(6) (a) Except as provided under Subsection (6)(b), a person may not operate or allow
to be operated a vehicle stored in a public garage, impound lot, or impound yard regulated
under this part without prior written permission of the owner of the vehicle.
(b) Incidental and necessary operation of a vehicle to move the vehicle from one
parking space to another within the facility and that is necessary for the normal management of
the facility is not prohibited under Subsection (6)(a).
(7) A person who violates the provisions of Subsection (6) is guilty of a class C
misdemeanor.
(8) The division or the peace officer who seizes a vehicle shall record the mileage
shown on the vehicle's odometer at the time of seizure, if:
(a) the vehicle is equipped with an odometer; and
(b) the odometer reading is accessible to the division or the peace officer.