Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 80 Second Substitute (2023GS)

Sponsor

Sen. Pitcher, S.

Final action

Governor Signed 3/14/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• allows a court to shorten the driver license suspension or revocation period for an individual convicted of a driving under the influence violation if the individual participates in or completes certain problem solving court programs; and
• makes technical corrections.

Every vote on this bill

Bill text

DRIVER LICENSE SUSPENSION AND REVOCATION
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephanie Pitcher
House Sponsor: 
____________
LONG TITLE
General Description:
This bill addresses driver license suspension and revocation requirements for a driving
under the influence violation.
Highlighted Provisions:
This bill:
▸ allows a court to shorten the driver license suspension or revocation period for an
individual convicted of a driving under the influence violation if the individual
participates in or completes certain problem solving court programs; and
▸ makes technical corrections.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-6a-509
, as last amended by Laws of Utah 2022, Chapter 116
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
41-6a-509
 is amended to read:
41-6a-509.
Driver license suspension or revocation for a driving under the
influence violation.
(1) The Driver License Division shall, if the person is 21 years old or older at the time
of arrest:
(a) suspend for a period of 120 days the operator's license of a person convicted for the
first time under Section 
41-6a-502
 or 
76-5-102.1
; or
(b) revoke for a period of two years the license of a person if:
(i) the person has a prior conviction as defined under Subsection 
41-6a-501
(2); and
(ii) the current violation under Section 
41-6a-502
, 
76-5-102.1
, or 
76-5-207
 is
committed within a period of 10 years from the date of the prior violation.
(2) The Driver License Division shall, if the person is 19 years old or older but under
21 years old at the time of arrest:
(a) suspend the person's driver license until the person is 21 years old or for a period of
one year, whichever is longer, if the person is convicted for the first time of a violation under
Section 
41-6a-502
, 
76-5-102.1
, or 
76-5-207
 of an offense that was committed on or after July
1, 2011;
(b) deny the person's application for a license or learner's permit until the person is 21
years old or for a period of one year, whichever is longer, if the person:
(i) is convicted for the first time of a violation under Section 
41-6a-502
, 
76-5-102.1
, or
76-5-207
 of an offense committed on or after July 1, 2011; and
(ii) has not been issued an operator license;
(c) revoke the person's driver license until the person is 21 years old or for a period of
two years, whichever is longer, if:
(i) the person has a prior conviction as defined under Subsection 
41-6a-501
(2); and
(ii) the current violation under Section 
41-6a-502
, 
76-5-102.1
, or 
76-5-207
 is
committed within a period of 10 years from the date of the prior violation; or
(d) deny the person's application for a license or learner's permit until the person is 21
years old or for a period of two years, whichever is longer, if:
(i) the person has a prior conviction as defined under Subsection 
41-6a-501
(2);
(ii) the current violation under Section 
41-6a-502
, 
76-5-102.1
, or 
76-5-207
 is
committed within a period of 10 years from the date of the prior violation; and
(iii) the person has not been issued an operator license.
(3) The Driver License Division shall, if the person is under 19 years old at the time of
arrest:
(a) suspend the person's driver license until the person is 21 years old if the person is
convicted for the first time of a violation under Section 
41-6a-502
, 
76-5-102.1
, or 
76-5-207
;
(b) deny the person's application for a license or learner's permit until the person is 21
years old if the person:
(i) is convicted for the first time of a violation under Section 
41-6a-502
, 
76-5-102.1
, or
76-5-207
; and
(ii) has not been issued an operator license;
(c) revoke the person's driver license until the person is 21 years old if:
(i) the person has a prior conviction as defined under Subsection 
41-6a-501
(2); and
(ii) the current violation under Section 
41-6a-502
, 
76-5-102.1
, or 
76-5-207
 is
committed within a period of 10 years from the date of the prior violation; or
(d) deny the person's application for a license or learner's permit until the person is 21
years old if:
(i) the person has a prior conviction as defined under Subsection 
41-6a-501
(2);
(ii) the current violation under Section 
41-6a-502
, 
76-5-102.1
, or 
76-5-207
 is
committed within a period of 10 years from the date of the prior violation; and
(iii) the person has not been issued an operator license.
(4) The Driver License Division shall suspend or revoke the license of a person as
ordered by the court under Subsection (9).
(5) The Driver License Division shall subtract from any suspension or revocation
period the number of days for which a license was previously suspended under Section
53-3-223
 or 
53-3-231
, if the previous suspension was based on the same occurrence upon
which the record of conviction is based.
(6) If a conviction recorded as impaired driving is amended to a driving under the
influence conviction under Section 
41-6a-502
, 
76-5-102.1
, or 
76-5-207
 in accordance with
Subsection 
41-6a-502.5
(3)(a)(ii), the Driver License Division:
(a) may not subtract from any suspension or revocation any time for which a license
was previously suspended or revoked under Section 
53-3-223
 or 
53-3-231
; and
(b) shall start the suspension or revocation time under Subsection (1) on the date of the
amended conviction.
(7) A court that reported a conviction of a violation of Section 
41-6a-502
, 
76-5-102.1
,
or 
76-5-207
 for a violation that occurred on or after July 1, 2009, to the Driver License
Division may shorten the suspension period imposed under Subsection (2)(a) or (b) or
Subsection (3)(a) or (b) prior to completion of the suspension period if the person:
(a) completes at least six months of the license suspension;
(b) completes a screening;
(c) completes an assessment, if it is found appropriate by a screening under Subsection
(7)(b);
(d) completes substance abuse treatment if it is found appropriate by the assessment
under Subsection (7)(c);
(e) completes an educational series if substance abuse treatment is not required by an
assessment under Subsection (7)(c) or the court does not order substance abuse treatment;
(f) has not been convicted of a violation of any motor vehicle law in which the person
was involved as the operator of the vehicle during the suspension period imposed under
Subsection (2)(a) or (b) or Subsection (3)(a) or (b);
(g) has complied with all the terms of the person's probation or all orders of the court if
not ordered to probation; and
(h) (i) is 18 years old or older and provides a sworn statement to the court that the
person has not unlawfully consumed alcohol during the suspension period imposed under
Subsection (2)(a) or (b) or Subsection (3)(a) or (b); or
(ii) is under 18 years old and has the person's parent or legal guardian provide an
affidavit or sworn statement to the court certifying that to the parent or legal guardian's
knowledge the person has not unlawfully consumed alcohol during the suspension period
imposed under Subsection (2)(a) or (b) or Subsection (3)(a) or (b).
(8) If the court shortens a person's license suspension period in accordance with the
requirements of Subsection (7), the court shall forward the order shortening the person's
suspension period to the Driver License Division in a manner specified by the division prior to
the completion of the suspension period imposed under Subsection (2)(a) or (b) or Subsection
(3)(a) or (b).
(9) (a) (i) In addition to any other penalties provided in this section, a court may order
the operator's license of a person who is convicted of a violation of Section 
41-6a-502
,
76-5-102.1
, or 
76-5-207
 to be suspended or revoked for an additional period of 90 days, 120
days, 180 days, one year, or two years to remove from the highways those persons who have
shown they are safety hazards.
(ii) The additional suspension or revocation period provided in this Subsection (9) shall
begin the date on which the individual would be eligible to reinstate the individual's driving
privilege for a violation of Section 
41-6a-502
, 
76-5-102.1
, or 
76-5-207
.
(b) If the court suspends or revokes the person's license under this Subsection (9), the
court shall prepare and send to the Driver License Division an order to suspend or revoke that
person's driving privileges for a specified period of time.
(10) (a) The court shall notify the Driver License Division if a person fails to complete
all court ordered:
(i) screenings;
(ii) assessments;
(iii) educational series;
(iv) substance abuse treatment; and
(v) hours of work in a compensatory-service work program.
(b) Subject to Subsection 
53-3-218
(3), upon receiving the notification described in
Subsection (10)(a), the division shall suspend the person's driving privilege in accordance with
Subsection 
53-3-221
(2).
(11) (a) A court that reported a conviction of a violation of Section 
41-6a-502
,
76-5-102.1
, or 
76-5-207
 to the Driver License Division may shorten the suspension 
or
revocation
 period imposed under Subsection (1) before completion of the suspension 
or
revocation
 period if the person [
is participating
] 
participates
 in or [
has
] successfully
[
completed
] 
completes:
(i)
 a 24-7 sobriety program as defined in Section 
41-6a-515.5
; or
(ii) a problem solving court program approved by the Judicial Council, including:
(A) a driving under the influence court program; or
(B) a drug court program
.
(b) If [
the
] 
a
 court shortens a person's license suspension 
or revocation
 period in
accordance with the requirements of this Subsection (11), the court shall forward the order
shortening the person's suspension 
or revocation
 period to the Driver License Division in a
manner specified by the division.
(c) [
The
] 
If a court shortens a person's license suspension or revocation period for
participation in a program described in Subsection (11)(a)(i) or (ii), the
 court shall notify the
Driver License Division, in a manner specified by the Driver License Division, if [
a
] 
the
 person
fails to complete all requirements of [
a 24-7 sobriety
] 
the
 program.
(d) (i) (A) Upon receiving the notification described in Subsection (11)(c), for a first
offense, the division shall suspend the person's driving privilege for a period of 120 days from
the date of notice.
(B) For a suspension described under Subsection (11)(d)(i)(A), no days shall be
subtracted from the 120-day suspension period for which a driving privilege was previously
suspended under this section or Section 
53-3-223
, if the previous suspension was based on the
same occurrence upon which the conviction under Section 
41-6a-502
, 
76-5-102.1
, or 
76-5-207
is based.
(ii) (A) Upon receiving the notification described in Subsection (11)(c), for a second or
subsequent offense, the division shall revoke the person's driving privilege for a period of two
years from the date of notice.
(B) For a license revocation described in Subsection (11)(d)(ii)(A), no days shall be
subtracted from the two-year revocation period for which a driving privilege was previously
revoked under this section or Section 
53-3-223
, if the previous revocation was based on the
same occurrence upon which the conviction under Section 
41-6a-502
, 
76-5-102.1
, or 
76-5-207
is based.