Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 139 Second Substitute (2022GS)

Sponsor

Rep. Teuscher, J.

Final action

Governor Signed 3/22/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• creates a deferred prosecution program to allow an individual to apply for deferred prosecution of a traffic infraction;
• describes the application requirements for deferred prosecution;
• allows an individual who applies for deferred prosecution to not have judgment of conviction entered against the individual if the individual is not convicted of another traffic violation in the 12 months following the application for deferred prosecution;
• requires the court to enter a judgment of conviction if the individual fails to comply with the terms of the deferred prosecution; and
• provides for an administrative fee to cover the costs of the deferred prosecution program.

Every vote on this bill

Bill text

TRAFFIC VIOLATION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jordan D. Teuscher
Senate Sponsor: 
Kirk A. Cullimore
LONG TITLE
General Description:
This bill creates a deferred prosecution program for an individual charged with a traffic
infraction.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ creates a deferred prosecution program to allow an individual to apply for deferred
prosecution of a traffic infraction;
▸ describes the application requirements for deferred prosecution;
▸ allows an individual who applies for deferred prosecution to not have judgment of
conviction entered against the individual if the individual is not convicted of
another traffic violation in the 12 months following the application for deferred
prosecution;
▸ requires the court to enter a judgment of conviction if the individual fails to comply
with the terms of the deferred prosecution; and
▸ provides for an administrative fee to cover the costs of the deferred prosecution
program.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
77-2-4.2
, as last amended by Laws of Utah 2008, Chapters 3, 339, and 382
78A-7-301
, as last amended by Laws of Utah 2014, Chapter 189
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
77-2-4.2
 is amended to read:
77-2-4.2.
Compromise of traffic charges -- Deferred prosecution of traffic
infractions -- Limitations.
(1) As used in this section:
(a) "Compromise" means referral of [
a person
] 
an individual
 charged with a traffic
violation to traffic school or other school, class, or remedial or rehabilitative program.
(b) "Deferral period" means the 12-month period following the date on which an
individual submits an application for deferred prosecution.
(c) "Deferred prosecution" means the deferral of prosecution of an individual charged
with a traffic infraction if the individual complies with the requirements described in
Subsection (5).
(d) "Felony traffic violation" means a violation of Title 41, Chapter 6a, Traffic Code,
amounting to a felony.
(e) "Moving traffic infraction" means a traffic infraction that occurs when a vehicle is
in motion on a highway.
(f) (i) "Traffic infraction" means a violation of Title 41, Chapter 6a, Traffic Code, or a
local traffic ordinance that is an infraction.
(ii) "Traffic infraction" does not include an offense that is a misdemeanor or a felony.
[
(b)
] 
(g)
 "Traffic violation" means any charge for which [
bail may be forfeited
] 
a fine
may be voluntarily remitted
 in lieu of appearance, by citation or information, of a violation of:
(i) Title 41, Chapter 6a, Traffic Code, amounting to:
(A) a class B misdemeanor;
(B) a class C misdemeanor; or
(C) an infraction; or
(ii) any local traffic ordinance.
(2) Any compromise of a traffic violation shall be done pursuant to a plea in abeyance
agreement as provided in Title 77, Chapter 2a, Pleas in Abeyance, 
and Subsection (3),
 except:
(a) when the criminal prosecution is dismissed pursuant to Section 
77-2-4
; [
or
]
(b) when there is a plea by the defendant to and entry of a judgment by a court for the
offense originally charged or for an amended charge[
.
]
; or
(c) when there is a deferred plea of no contest as provided in Subsection (5).
(3) In all cases which are compromised pursuant to [
the provisions of Subsection (2)
] 
a
plea in abeyance
:
(a) the court, taking into consideration the offense charged, shall collect a plea in
abeyance fee which shall:
(i) be subject to the same surcharge as if imposed on a criminal fine;
(ii) be allocated subject to the surcharge as if paid as a criminal fine under Section
78A-5-110
 and a surcharge under Title 51, Chapter 9, Part 4, Criminal Conviction Surcharge
Allocation; and
(iii) be not more than $25 greater than the [
bail
] 
fine
 designated in the Uniform [
Bail
]
Fine
 Schedule; or
(b) if no plea in abeyance fee is collected, a surcharge on the fee charged for the traffic
school or other school, class, or rehabilitative program shall be collected, which surcharge
shall:
(i) be computed, assessed, collected, and remitted in the same manner as if the traffic
school fee and surcharge had been imposed as a criminal fine and surcharge; and
(ii) be subject to the financial requirements contained in Title 51, Chapter 9, Part 4,
Criminal Conviction Surcharge Allocation.
(4) If a written plea in abeyance agreement is provided, or the defendant requests a
written accounting, an itemized statement of all amounts assessed by the court shall be
provided, including:
(a) the Uniform [
Bail
] 
Fine
 Schedule amount;
(b) the amount of any surcharges being assessed; and
(c) the amount of the plea in abeyance fee.
(5) (a) (i) Except as provided in Subsection (5)(b), an individual who receives a
citation for a moving traffic infraction may apply for deferred prosecution.
(ii) A court may not require an individual to appear in-person to apply for a deferred
prosecution in accordance with this Subsection (5).
(b) The following may not apply for or be granted a deferred prosecution as described
in this section:
(i) an individual under 21 years old;
(ii) an individual with a commercial driver license;
(iii) an individual who has not been issued a current Utah driver license;
(iv) an individual who has been convicted of a felony traffic violation, traffic violation,
or traffic infraction within the 24 months immediately preceding the date of the application for
deferred prosecution;
(v) an individual charged with two or more moving traffic infractions related to the
same episode or occurrence;
(vi) an individual charged with multiple traffic infractions related to the same episode
or occurrence if any of the offenses is a misdemeanor or felony traffic violation;
(vii) an individual charged with one or more traffic infractions if none of the traffic
infractions are moving traffic violations;
(viii) any traffic infraction or traffic violation that is part of an episode or occurrence
involving a traffic accident;
(ix) a moving traffic violation that is for speeding 20 miles per hour or more above the
posted speed limit;
(x) a moving violation that is for speeding at a speed of 100 miles per hour or more; or
(xi) an individual who is currently within a deferral period related to a separate episode
or occurrence.
(c) An individual who applies for deferred prosecution shall:
(i) apply through an online application process developed by the Administrative Office
of the Courts;
(ii) pay the relevant fine, as provided by the uniform fine schedule described in Section
76-3-301.5
, associated with each traffic infraction for which the individual was charged;
(iii) pay an administrative fee as established by the judicial council; and
(iv) enter a deferred plea of no contest as described in Subsection (5)(e).
(d) An individual who receives a traffic citation shall:
(i) comply with Section 
77-7-19
; or
(ii) apply for deferred prosecution as described in Subsection (5)(c) no sooner than five
and no later than 21 days after receiving the citation.
(e) If an eligible individual applies for deferred prosecution, the court shall:
(i) record the deferred plea of no contest;
(ii) not enter the deferred plea of no contest unless the individual fails to comply with
the terms of the deferred prosecution; and
(iii) if the individual fails to comply with the terms of the deferred prosecution, enter a
judgment of conviction as described in Subsection (5)(f)(ii).
(f) (i) Except as provided in Subsection (5)(f)(ii), if an individual enters a deferred plea
of no contest as described in Subsection (5)(c)(iv) and is not convicted of another traffic
violation, felony traffic violation, or traffic infraction during the deferral period:
(A) the prosecutor may not prosecute the individual for the traffic infraction subject to
the deferred prosecution;
(B) the court may not enter judgment of conviction against the individual or impose a
sentence for the traffic infraction; and
(C) the court shall dismiss each traffic infraction to which the individual entered a
deferred plea of no contest.
(ii) If an individual enters a deferred plea of no contest as described in Subsection
(5)(c)(iv) and is convicted of another a traffic violation within the deferral period, the court
shall enter judgment of conviction against the individual for each traffic infraction to which the
individual entered a deferred plea of no contest.
(g) (i) A prosecutor may not amend a charge from an infraction to a misdemeanor:
(A) if the infraction offense has the same elements as the misdemeanor offense; or
(B) for the sole purpose of prohibiting an individual from applying for deferred
prosecution.
(ii) A deferred prosecution is not a prosecution for purposes of Section 
76-1-403
.
(h) (i) The judicial council shall set and periodically adjust the fee described in
Subsection (5)(c)(iii) in an amount that the judicial council determines to be necessary to cover
the cost to implement, operate, and maintain the deferred prosecution program described in this
Subsection (5).
(ii) The state treasurer shall deposit the revenue generated from the administrative fee
described in Subsection (5)(c)(iii) into the Justice Court Technology, Security, and Training
Account created in Section 
78A-7-301
.
Section 2. Section 
78A-7-301
 is amended to read:
78A-7-301.
Justice Court Technology, Security, and Training Account
established -- Funding -- Uses.
There is created a restricted account in the General Fund known as the Justice Court
Technology, Security, and Training Account.
(1) The state treasurer shall deposit in the account
:
(a)
 money collected from the surcharge established in Subsection
78A-7-122
(4)(b)(iii)[
.
]
; and
(b) the administrative fee from a deferred prosecution under Subsection 
77-2-4.2
(5).
(2) Money shall be appropriated from the account to the Administrative Office of the
Courts to be used for
:
(a)
 audit, technology, security, and training needs in justice courts throughout the
state[
.
]
; or
(b) costs to implement, operate, and maintain deferred prosecution pursuant to
Subsection 
77-2-4.2
(5).
Section 3. 
Effective date.
This bill takes effect on October 1, 2022.