Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 90 (2018GS)

Sponsor

Sen. Thatcher, D.

Final action

Governor Signed 3/19/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines"knowledge" and "with knowledge" with respect to involvement in an accident;
• defines the penalty for an individual who has knowledge that the individual was involved in an accident causing property damage and flees the scene without complying with the requirements of the section, including exchange of information; and
• makes technical changes.

Every vote on this bill

Bill text

HIT AND RUN PENALTIES AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Daniel W. Thatcher
House Sponsor: 
Lee B. Perry
LONG TITLE
General Description:
This bill amends provisions related to penalties for operators of a vehicle involved in a
hit and run accident causing property damage. 
Highlighted Provisions:
This bill:
▸ defines"knowledge" and "with knowledge" with respect to involvement in an
accident;
▸ defines the penalty for an individual who has knowledge that the individual was
involved in an accident causing property damage and flees the scene without
complying with the requirements of the section, including exchange of information;
and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-6a-401
, as last amended by Laws of Utah 2015, Chapter 412
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
41-6a-401
 is amended to read:
41-6a-401.
Accident involving property damage -- Duties of operator, occupant,
and owner -- Exchange of information -- Notification of law enforcement -- Penalties.
(1) As used in this section[
,
]
:
(a) "Knowledge" or "with knowledge" means, with respect to an individual's own
conduct or to circumstances surrounding an individual's conduct, that the individual is aware of
the nature of the conduct or the existing circumstances.
(b)
 [
"reason
] 
"Reason
 to believe" means information from which a reasonable person
would believe that the person may have been involved in an accident.
(2) (a) The operator of a vehicle 
with knowledge that the operator was involved in, or
who has reason to believe that the operator may have been involved in
,
 an accident resulting
only in damage to another vehicle or other property:
(i) may move the vehicle as soon as possible off the roadway or freeway main lines,
shoulders, medians, or adjacent areas to the nearest safe location on an exit ramp shoulder, a
frontage road, the nearest suitable cross street, or other suitable location that does not obstruct
traffic; and
(ii) shall remain at the scene of the accident or the location described in Subsection
(2)(a)(i) until the operator has fulfilled the requirements of this section.
(b) Moving a vehicle as required under Subsection (2)(a)(i) does not affect the
determination of fault for an accident.
(c) If the operator has 
knowledge that the operator was involved in, or
 reason to believe
that the operator may have been involved in
,
 an accident resulting in damage to another vehicle
or other property only after leaving the scene of the accident, the operator shall immediately
comply as nearly as possible with the requirements of this section.
(3) Except as provided under Subsection (6), if the vehicle or other property is
operated, occupied, or attended by any person or if the owner of the vehicle or property is
present, the operator of the vehicle involved in the accident shall:
(a) give to the persons involved:
(i) the operator's name, address, and the registration number of the vehicle being
operated; and
(ii) the name of the insurance provider covering the vehicle being operated including
the phone number of the agent or provider; and
(b) upon request and if available, exhibit the operator's license to:
(i) any investigating peace officer present;
(ii) the operator, occupant of, or person attending the vehicle or other property
damaged in the accident; and
(iii) the owner of property damaged in the accident, if present.
(4) The operator of a vehicle involved in an accident shall immediately and by the
quickest means of communication available give notice or cause to give notice of the accident
to the nearest office of a law enforcement agency if the accident resulted in property damage to
an apparent extent of $1,500 or more.
(5) Except as provided under Subsection (6), if the vehicle or other property damaged
in the accident is unattended, the operator of the vehicle involved in the accident shall:
(a) locate and notify the operator or owner of the vehicle or the owner of other property
damaged in the accident of the operator's name, address, and the registration number of the
vehicle causing the damage; or
(b) attach securely in a conspicuous place on the vehicle or other property a written
notice giving the operator's name, address, and the registration number of the vehicle causing
the damage.
(6) The operator of a vehicle that provides the information required under this section
to an investigating peace officer at the scene of the accident is exempt from providing the
information to other persons required under this section.
[
(7) A violation of this section is a class C misdemeanor.
]
(7) (a) An operator of a vehicle that has reason to believe that the operator may have
been involved in an accident and fails to comply with the provisions of this section is guilty of
a class C misdemeanor.
(b) An operator of a vehicle that has knowledge that the operator was involved in an
accident and fails to comply with the provisions of this section is guilty of a class B
misdemeanor.