Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 192 First Substitute (2023GS)

Sponsor

Rep. Teuscher, J.

Final action

Governor Signed 3/20/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• expands the availability of a deferred prosecution for certain traffic infractions to certain individuals if the individual completes a traffic school course as part of the deferred prosecution agreement;
• requires an applicant for deferred prosecution to complete a traffic school course in certain circumstances;
• requires the Department of Public Safety to contract with one or more traffic school providers to create a traffic school program;
• grants rulemaking authority to the Department of Public Safety to make rules related to the establishment of a traffic school program;
• requires a traffic citation to include information about the individual's possible eligibility for deferred prosecution; and
• makes technical changes.

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 expands the availability of a deferred prosecution for certain traffic infractions.
Highlighted Provisions:
This bill:
▸ expands the availability of a deferred prosecution for certain traffic infractions to
certain individuals if the individual completes a traffic school course as part of the
deferred prosecution agreement;
▸ requires an applicant for deferred prosecution to complete a traffic school course in
certain circumstances;
▸ requires the Department of Public Safety to contract with one or more traffic school
providers to create a traffic school program;
▸ grants rulemaking authority to the Department of Public Safety to make rules
related to the establishment of a traffic school program;
▸ requires a traffic citation to include information about the individual's possible
eligibility for deferred prosecution; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
77-2-4.2
, as last amended by Laws of Utah 2022, Chapter 136
77-7-20
, as last amended by Laws of Utah 2021, Chapter 431
78A-7-301
, as last amended by Laws of Utah 2022, Chapters 136, 276
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 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.
(g) "Traffic school deferred prosecution" means a deferred prosecution for which
completion of traffic school is required as a condition of the application.
[
(g)
] 
(h)
 "Traffic violation" means any charge for which 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
;
(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 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 fine designated in the Uniform 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 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) 
an individual charged with
 any traffic infraction or traffic violation that is part of
an episode or occurrence involving a traffic accident;
(ix) 
an individual charged with
 a moving traffic violation that is for speeding 20 miles
per hour or more above the posted speed limit;
(x) 
an individual charged with
 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.
(6) (a) Except as provided in Subsection (6)(b), and upon availability of the traffic
school program described in Subsection (11), if an individual completes a traffic school course
as described in Subsection (11) within 28 days after the date the individual applies for traffic
school deferred prosecution, an individual may apply for and be granted a traffic school
deferred prosecution if:
(i) the individual has one or fewer moving traffic infraction convictions in the 24
months immediately preceding the current citation;
(ii) the individual received a citation for more than one but less than three moving
traffic infractions from the same incident or occurrence;
(iii) the individual was involved in an accident during the commission of the traffic
infraction, other than an accident resulting in serious bodily injury, as defined in Section
41-6a-401.3, or death; or
(iv) the individual received a citation for speeding between 20 and 30 miles per hour
over the legal speed limit if the speeding violation is not more than double the legal speed
limit.
(b) The following may not apply for or be granted a traffic school deferred prosecution
in accordance with this Subsection (6):
(i) an individual to whom more than one of the conditions in Subsection (6)(a) apply;
(ii) an individual under 21 years old;
(iii) an individual with a commercial driver license;
(iv) an individual who has not been issued a current Utah driver license;
(v) an individual who has been convicted of a felony traffic violation or traffic
violation within the 24 months immediately preceding the date of the application for deferred
prosecution;
(vi) an individual charged with three or more moving traffic infractions related to the
same episode or occurrence; or
(vii) 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.
(c) A court may not require an individual to appear in-person to apply for traffic school
deferred prosecution in accordance with this Subsection (6).
[
(c)
] 
(7)
 An individual who applies for deferred prosecution 
or traffic school deferred
prosecution
 shall:
[
(i)
] 
(a)
 apply through an online application process developed by the Administrative
Office of the Courts;
[
(ii)
] 
(b)
 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)
] 
(c)
 pay an administrative fee as established by the judicial council; and
[
(iv)
] 
(d)
 enter a deferred plea of no contest as described in Subsection [
(5)(e).
] 
(9).
[
(d)
] 
(8)
 An individual who receives a traffic citation shall:
[
(i)
] 
(a)
 comply with Section 
77-7-19
; [
or
]
[
(ii)
] 
(b)
 apply for deferred prosecution as described in Subsection [
(5)(c)
] 
(7)
 no
sooner than five and no later than 21 days after receiving the citation[
.
]
; or
(c) for a traffic school deferred prosecution as described in Subsection (6), apply for
deferred prosecution as described in Subsection (7) no later than 28 days after submitting an
application into the deferred prosecution system.
[
(e)
] 
(9)
 If an eligible individual applies for deferred prosecution, the court shall:
[
(i)
] 
(a)
 record the deferred plea of no contest;
[
(ii)
] 
(b)
 not enter the deferred plea of no contest unless the individual fails to comply
with the terms of the deferred prosecution; and
[
(iii)
] 
(c)
 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).
] 
(10)(b).
[
(f)
] 
(10)
 [
(i)
] 
(a)
 Except as provided in Subsection [
(5)(f)(ii)
] 
(10)(b)
, if an individual
enters a deferred plea of no contest as described in Subsection [
(5)(c)(iv)
] 
(7)(d)
 and is not
convicted of another traffic violation, felony traffic violation, or traffic infraction during the
deferral period:
[
(A)
] 
(i)
 the prosecutor may not prosecute the individual for the traffic infraction
subject to the deferred prosecution;
[
(B)
] 
(ii)
 the court may not enter judgment of conviction against the individual or
impose a sentence for the traffic infraction; and
[
(C)
] 
(iii)
 the court shall dismiss each traffic infraction to which the individual entered
a deferred plea of no contest.
[
(ii)
] 
(b)
 If an individual enters a deferred plea of no contest as described in Subsection
[
(5)(c)(iv)
] 
(7)(d)
 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)
] 
(c)
 (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)
] 
(d)
 (i) The judicial council shall set and periodically adjust the fee described in
Subsection [
(5)(c)(iii)
] 
(7)(c)
 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)
] 
(7)(c)
 into the Justice Court Technology, Security, and
Training Account created in Section 
78A-7-301
.
(11) (a) The Department of Public Safety may enter into a contract with a traffic school
provider to establish a traffic school course as described in this section.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
Department of Public Safety may make rules necessary to establish a traffic school program,
including:
(i) establishing requirements and standards for the curriculum of a traffic school
program;
(ii) establishing a fee for an individual to enroll and complete the traffic school course;
and
(iii) creating a method to electronically transmit the completion of the course to the
relevant court as required in Subsection (11)(c).
(c) The Department of Public Safety shall ensure than any traffic school program
created under this Subsection (11) includes the ability for the traffic school provider to
electronically transmit successful completion of the traffic school course to the relevant court.
(d) The Department of Public Safety shall ensure that the traffic school program
required under this Subsection (11) is established no later than November 1, 2023.
(e) After the Department of Public Safety enters into a contract with a traffic school
provider as described in this Subsection (11), no later than March 1, 2024, the Administrative
Office of the Courts shall coordinate with the traffic school provider to ensure the traffic school
provider and the Administrative Office of the Courts:
(i) establish the traffic school program as described in this Subsection (11); and
(ii) establish means by which completion of the traffic school course may be verified
electronically.
Section 2. Section 
77-7-20
 is amended to read:
77-7-20.
Service of citation on defendant -- Filing in court -- Electronic filing --
Contents of citations.
(1) Except as provided in Subsection (4), a peace officer or other authorized official
who issues a citation pursuant to Section 
77-7-18
 shall give the citation to the individual cited
and shall, within five business days, electronically file the data from Subsections (2)(a) through
(2)(h) with the court specified in the citation. The data transmission shall use the court's
electronic filing interface. A nonconforming filing is not effective.
(2) The citation issued under authority of this chapter shall contain the following data:
(a) the name, address, and phone number of the court before which the individual is to
appear;
(b) the name and date of birth of the individual cited;
(c) a brief description of the offense charged;
(d) the date, time, and place at which the offense is alleged to have occurred;
(e) the date on which the citation was issued;
(f) the name of the peace officer or official who issued the citation, and the name of the
arresting individual if a private party made the arrest and the citation was issued in lieu of
taking the arrested individual before a magistrate;
(g) the time and date on or date range during which the individual is to appear or a
statement that the court will notify the individual of the time to appear;
(h) whether the offense is a domestic violence offense; [
and
]
(i) language informing the individual that the individual may be eligible for deferred
prosecution under Section 
77-2-4.2
, including a link to a website with information regarding
deferred prosecution; and
[
(i)
] 
(j)
 a notice containing substantially the following language:
READ CAREFULLY
This citation is not an information and will not be used as an information without your
consent. If an information is filed you will be provided a copy by the court. You MUST
appear in court on or before the time set in this citation or as directed by the court. IF YOU
FAIL TO APPEAR, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST.
(3) By electronically filing the data with the court, the peace officer or official affirms
to the court that:
(a) the citation or information, including the summons and complaint, was served upon
the defendant in accordance with the law;
(b) the defendant committed the offense described in the served documents; and
(c) the court to which the defendant was directed to appear has jurisdiction over the
offense charged.
(4) (a) If a citing law enforcement officer is not reasonably able to access the efiling
system, the citation need not be filed electronically if being filed with a justice court.
(b) The court may accept an electronic filing received after five business days if:
(i) the defendant consents to the filing; and
(ii) the court finds the interests of justice would be best served by accepting the filing.
Section 3. Section 
78A-7-301
 is amended to read:
78A-7-301.
Justice Court Technology, Security, and Training Account
established -- Funding -- Uses.
(1) There is created a restricted account in the General Fund known as the Justice
Court Technology, Security, and Training Account.
(2) 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 
or traffic school deferred
prosecution
 under Subsection 
77-2-4.2
(5) 
or (6)
.
(3) 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;
(b) additional compensation for presiding judges and associate presiding judges for
justice courts under Section 
78A-7-209.5
; and
(c) costs to implement, operate, and maintain deferred prosecution 
and traffic school
deferred prosecution
 pursuant to [
Subsection 
77-2-4.2
(5)
] 
Subsections 
77-2-4.2
(5) and (6)
.