Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 30 Third Substitute (2024GS)

Sponsor

Rep. Cutler, P.

Final action

Governor Signed 3/18/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• addresses the seizure and possession of a vehicle in which there is probable cause to believe the operator or passenger of the vehicle engaged in a road rage event;
• allows for an administrative impound fee when a vehicle involved in a road rage event is seized and impounded;
• allows for the suspension or revocation of an individual's driver license when the individual is convicted of an offense that is enhanced for road rage;
• clarifies the definition of a dangerous weapon;
• creates an enhancement of an offense for road rage; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

ROAD RAGE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Paul A. Cutler
Senate Sponsor: 
Todd D. Weiler
Cosponsor:
Andrew Stoddard
LONG TITLE
Committee Note:
The Transportation Interim Committee recommended this bill.
Legislative Vote: 12 voting for 3 voting against 3 absent
General Description:
This bill addresses road rage events.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ addresses the seizure and possession of a vehicle in which there is probable cause to
believe the operator or passenger of the vehicle engaged in a road rage event;
▸ allows for an administrative impound fee when a vehicle involved in a road rage
event is seized and impounded;
▸ allows for the suspension or revocation of an individual's driver license when the
individual is convicted of an offense that is enhanced for road rage;
▸ clarifies the definition of a dangerous weapon;
▸ creates an enhancement of an offense for road rage; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
41-1a-102
, as last amended by Laws of Utah 2023, Chapters 33, 532
41-1a-1101
, as last amended by Laws of Utah 2019, Chapter 373
41-1a-1103
, as last amended by Laws of Utah 2022, Chapter 92
41-6a-1406
, as last amended by Laws of Utah 2023, Chapter 335
41-12a-806
, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 20
53-3-220
, as last amended by Laws of Utah 2023, Chapter 415
76-1-101.5
, as last amended by Laws of Utah 2023, Chapter 16
ENACTS:
76-3-203.17
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
41-1a-102
 is amended to read:
41-1a-102.
Definitions.
As used in this chapter:
(1) "Actual miles" means the actual distance a vehicle has traveled while in operation.
(2) "Actual weight" means the actual unladen weight of a vehicle or combination of
vehicles as operated and certified to by a weighmaster.
(3) "All-terrain type I vehicle" means the same as that term is defined in Section
41-22-2
.
(4) "All-terrain type II vehicle" means the same as that term is defined in Section
41-22-2
.
(5) "All-terrain type III vehicle" means the same as that term is defined in Section
41-22-2
.
(6) "Alternative fuel vehicle" means:
(a) an electric motor vehicle;
(b) a hybrid electric motor vehicle;
(c) a plug-in hybrid electric motor vehicle; or
(d) a motor vehicle powered exclusively by a fuel other than:
(i) motor fuel;
(ii) diesel fuel;
(iii) natural gas; or
(iv) propane.
(7) "Amateur radio operator" means a person licensed by the Federal Communications
Commission to engage in private and experimental two-way radio operation on the amateur
band radio frequencies.
(8) "Autocycle" means the same as that term is defined in Section 
53-3-102
.
(9) "Automated driving system" means the same as that term is defined in Section
41-26-102.1
.
(10) "Branded title" means a title certificate that is labeled:
(a) rebuilt and restored to operation;
(b) flooded and restored to operation; or
(c) not restored to operation.
(11) "Camper" means a structure designed, used, and maintained primarily to be
mounted on or affixed to a motor vehicle that contains a floor and is designed to provide a
mobile dwelling, sleeping place, commercial space, or facilities for human habitation or for
camping.
(12) "Certificate of title" means a document issued by a jurisdiction to establish a
record of ownership between an identified owner and the described vehicle, vessel, or outboard
motor.
(13) "Certified scale weigh ticket" means a weigh ticket that has been issued by a
weighmaster.
(14) "Commercial vehicle" means a motor vehicle, trailer, or semitrailer used or
maintained for the transportation of persons or property that operates:
(a) as a carrier for hire, compensation, or profit; or
(b) as a carrier to transport the vehicle owner's goods or property in furtherance of the
owner's commercial enterprise.
(15) "Commission" means the State Tax Commission.
(16) "Consumer price index" means the same as that term is defined in Section
59-13-102
.
(17) "Dealer" means a person engaged or licensed to engage in the business of buying,
selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on
conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established
place of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors.
(18) "Diesel fuel" means the same as that term is defined in Section 
59-13-102
.
(19) "Division" means the Motor Vehicle Division of the commission, created in
Section 
41-1a-106
.
(20) "Dynamic driving task" means the same as that term is defined in Section
41-26-102.1
.
(21) "Electric motor vehicle" means a motor vehicle that is powered solely by an
electric motor drawing current from a rechargeable energy storage system.
(22) "Essential parts" means the integral and body parts of a vehicle of a type required
to be registered in this state, the removal, alteration, or substitution of which would tend to
conceal the identity of the vehicle or substantially alter the vehicle's appearance, model, type,
or mode of operation.
(23) "Farm tractor" means a motor vehicle designed and used primarily as a farm
implement for drawing plows, mowing machines, and other implements of husbandry.
(24) (a) "Farm truck" means a truck used by the owner or operator of a farm solely for
the owner's or operator's own use in the transportation of:
(i) farm products, including livestock and its products, poultry and its products,
floricultural and horticultural products;
(ii) farm supplies, including tile, fence, and any other thing or commodity used in
agricultural, floricultural, horticultural, livestock, and poultry production; and
(iii) livestock, poultry, and other animals and things used for breeding, feeding, or
other purposes connected with the operation of a farm.
(b) "Farm truck" does not include the operation of trucks by commercial processors of
agricultural products.
(25) "Fleet" means one or more commercial vehicles.
(26) "Foreign vehicle" means a vehicle of a type required to be registered, brought into
this state from another state, territory, or country other than in the ordinary course of business
by or through a manufacturer or dealer, and not registered in this state.
(27) "Gross laden weight" means the actual weight of a vehicle or combination of
vehicles, equipped for operation, to which shall be added the maximum load to be carried.
(28) "Highway" or "street" means the entire width between property lines of every way
or place of whatever nature when any part of it is open to the public, as a matter of right, for
purposes of vehicular traffic.
(29) "Hybrid electric motor vehicle" means a motor vehicle that draws propulsion
energy from onboard sources of stored energy that are both:
(a) an internal combustion engine or heat engine using consumable fuel; and
(b) a rechargeable energy storage system where energy for the storage system comes
solely from sources onboard the vehicle.
(30) (a) "Identification number" means the identifying number assigned by the
manufacturer or by the division for the purpose of identifying the vehicle, vessel, or outboard
motor.
(b) "Identification number" includes a vehicle identification number, state assigned
identification number, hull identification number, and motor serial number.
(31) "Implement of husbandry" means a vehicle designed or adapted and used
exclusively for an agricultural operation and only incidentally operated or moved upon the
highways.
(32) (a) "In-state miles" means the total number of miles operated in this state during
the preceding year by fleet power units.
(b) If a fleet is composed entirely of trailers or semitrailers, "in-state miles" means the
total number of miles that those vehicles were towed on Utah highways during the preceding
year.
(33) "Interstate vehicle" means a commercial vehicle operated in more than one state,
province, territory, or possession of the United States or foreign country.
(34) "Jurisdiction" means a state, district, province, political subdivision, territory, or
possession of the United States or any foreign country.
(35) "Lienholder" means a person with a security interest in particular property.
(36) "Manufactured home" means a transportable factory built housing unit constructed
on or after June 15, 1976, according to the Federal Home Construction and Safety Standards
Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is eight body
feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more
square feet, and which is built on a permanent chassis and designed to be used as a dwelling
with or without a permanent foundation when connected to the required utilities, and includes
the plumbing, heating, air-conditioning, and electrical systems.
(37) "Manufacturer" means a person engaged in the business of constructing,
manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or
outboard motors for the purpose of sale or trade.
(38) "Military vehicle" means a vehicle of any size or weight that was manufactured
for use by armed forces and that is maintained in a condition that represents the vehicle's
military design and markings regardless of current ownership or use.
(39) "Mobile home" means a transportable factory built housing unit built prior to June
15, 1976, in accordance with a state mobile home code which existed prior to the Federal
Manufactured Housing and Safety Standards Act (HUD Code).
(40) "Motor fuel" means the same as that term is defined in Section 
59-13-102
.
(41) (a) "Motor vehicle" means a self-propelled vehicle intended primarily for use and
operation on the highways.
(b) "Motor vehicle" does not include:
(i) an off-highway vehicle; or
(ii) a motor assisted scooter as defined in Section 
41-6a-102
.
(42) "Motorboat" means the same as that term is defined in Section 
73-18-2
.
(43) "Motorcycle" means:
(a) a motor vehicle having a saddle for the use of the rider and designed to travel on not
more than three wheels in contact with the ground; or
(b) an autocycle.
(44) "Natural gas" means a fuel of which the primary constituent is methane.
(45) (a) "Nonresident" means a person who is not a resident of this state as defined by
Section 
41-1a-202
, and who does not engage in intrastate business within this state and does
not operate in that business any motor vehicle, trailer, or semitrailer within this state.
(b) A person who engages in intrastate business within this state and operates in that
business any motor vehicle, trailer, or semitrailer in this state or who, even though engaging in
interstate commerce, maintains a vehicle in this state as the home station of that vehicle is
considered a resident of this state, insofar as that vehicle is concerned in administering this
chapter.
(46) "Odometer" means a device for measuring and recording the actual distance a
vehicle travels while in operation, but does not include any auxiliary odometer designed to be
periodically reset.
(47) "Off-highway implement of husbandry" means the same as that term is defined in
Section 
41-22-2
.
(48) "Off-highway vehicle" means the same as that term is defined in Section 
41-22-2
.
(49) (a) "Operate" means:
(i) to navigate a vessel; or
(ii) collectively, the activities performed in order to perform the entire dynamic driving
task for a given motor vehicle by:
(A) a human driver as defined in Section 
41-26-102.1
; or
(B) an engaged automated driving system.
(b) "Operate" includes testing of an automated driving system.
(50) "Original issue license plate" means a license plate that is of a format and type
issued by the state in the same year as the model year of a vehicle that is a model year 1973 or
older.
(51) "Outboard motor" means a detachable self-contained propulsion unit, excluding
fuel supply, used to propel a vessel.
(52) (a) "Owner" means a person, other than a lienholder, holding title to a vehicle,
vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is subject to a
security interest.
(b) If a vehicle is the subject of an agreement for the conditional sale or installment
sale or mortgage of the vehicle with the right of purchase upon performance of the conditions
stated in the agreement and with an immediate right of possession vested in the conditional
vendee or mortgagor, or if the vehicle is the subject of a security agreement, then the
conditional vendee, mortgagor, or debtor is considered the owner for the purposes of this
chapter.
(c) If a vehicle is the subject of an agreement to lease, the lessor is considered the
owner until the lessee exercises the lessee's option to purchase the vehicle.
(53) "Park model recreational vehicle" means a unit that:
(a) is designed and marketed as temporary living quarters for recreational, camping,
travel, or seasonal use;
(b) is not permanently affixed to real property for use as a permanent dwelling;
(c) requires a special highway movement permit for transit; and
(d) is built on a single chassis mounted on wheels with a gross trailer area not
exceeding 400 square feet in the setup mode.
(54) "Personalized license plate" means a license plate that has displayed on it a
combination of letters, numbers, or both as requested by the owner of the vehicle and assigned
to the vehicle by the division.
(55) (a) "Pickup truck" means a two-axle motor vehicle with motive power
manufactured, remanufactured, or materially altered to provide an open cargo area.
(b) "Pickup truck" includes a motor vehicle with the open cargo area covered with a
camper, camper shell, tarp, removable top, or similar structure.
(56) "Plug-in hybrid electric motor vehicle" means a hybrid electric motor vehicle that
has the capability to charge the battery or batteries used for vehicle propulsion from an
off-vehicle electric source, such that the off-vehicle source cannot be connected to the vehicle
while the vehicle is in motion.
(57) "Pneumatic tire" means a tire in which compressed air is designed to support the
load.
(58) "Preceding year" means a period of 12 consecutive months fixed by the division
that is within 16 months immediately preceding the commencement of the registration or
license year in which proportional registration is sought. The division in fixing the period shall
conform it to the terms, conditions, and requirements of any applicable agreement or
arrangement for the proportional registration of vehicles.
(59) "Public garage" means a building or other place where vehicles or vessels are kept
and stored and where a charge is made for the storage and keeping of vehicles and vessels.
(60) "Receipt of surrender of ownership documents" means the receipt of surrender of
ownership documents described in Section 
41-1a-503
.
(61) "Reconstructed vehicle" means a vehicle of a type required to be registered in this
state that is materially altered from its original construction by the removal, addition, or
substitution of essential parts, new or used.
(62) "Recreational vehicle" means the same as that term is defined in Section
13-14-102
.
(63) "Registration" means a document issued by a jurisdiction that allows operation of
a vehicle or vessel on the highways or waters of this state for the time period for which the
registration is valid and that is evidence of compliance with the registration requirements of the
jurisdiction.
(64) "Registration decal" means the decal issued by the division that is evidence of
compliance with the division's registration requirements.
(65) (a) "Registration year" means a 12 consecutive month period commencing with
the completion of the applicable registration criteria.
(b) For administration of a multistate agreement for proportional registration the
division may prescribe a different 12-month period.
(66) "Repair or replacement" means the restoration of vehicles, vessels, or outboard
motors to a sound working condition by substituting any inoperative part of the vehicle, vessel,
or outboard motor, or by correcting the inoperative part.
(67) "Replica vehicle" means:
(a) a street rod that meets the requirements under Subsection 
41-21-1
(3)(a)(i)(B); or
(b) a custom vehicle that meets the requirements under Subsection
41-6a-1507
(1)(a)(i)(B).
(68) "Restored-modified vehicle" means a motor vehicle that has been restored and
modified with modern parts and technology, including emission control technology and an
on-board diagnostic system.
(69) "Road tractor" means a motor vehicle designed and used for drawing other
vehicles and constructed so it does not carry any load either independently or any part of the
weight of a vehicle or load that is drawn.
(70) "Sailboat" means the same as that term is defined in Section 
73-18-2
.
(71) "Security interest" means an interest that is reserved or created by a security
agreement to secure the payment or performance of an obligation and that is valid against third
parties.
(72) "Semitrailer" means a vehicle without motive power designed for carrying persons
or property and for being drawn by a motor vehicle and constructed so that some part of its
weight and its load rests or is carried by another vehicle.
(73) "Special group license plate" means a type of license plate designed for a
particular group of people or a license plate authorized and issued by the division in accordance
with Section 
41-1a-418
 or Part 16, Sponsored Special Group License Plates.
(74) (a) "Special interest vehicle" means a vehicle used for general transportation
purposes and that is:
(i) 20 years or older from the current year; or
(ii) a make or model of motor vehicle recognized by the division director as having
unique interest or historic value.
(b) In making a determination under Subsection (74)(a), the division director shall give
special consideration to:
(i) a make of motor vehicle that is no longer manufactured;
(ii) a make or model of motor vehicle produced in limited or token quantities;
(iii) a make or model of motor vehicle produced as an experimental vehicle or one
designed exclusively for educational purposes or museum display; or
(iv) a motor vehicle of any age or make that has not been substantially altered or
modified from original specifications of the manufacturer and because of its significance is
being collected, preserved, restored, maintained, or operated by a collector or hobbyist as a
leisure pursuit.
(75) (a) "Special mobile equipment" means a vehicle:
(i) not designed or used primarily for the transportation of persons or property;
(ii) not designed to operate in traffic; and
(iii) only incidentally operated or moved over the highways.
(b) "Special mobile equipment" includes:
(i) farm tractors;
(ii) off-road motorized construction or maintenance equipment including backhoes,
bulldozers, compactors, graders, loaders, road rollers, tractors, and trenchers; and
(iii) ditch-digging apparatus.
(c) "Special mobile equipment" does not include a commercial vehicle as defined
under Section 
72-9-102
.
(76) "Specially constructed vehicle" means a vehicle of a type required to be registered
in this state, not originally constructed under a distinctive name, make, model, or type by a
generally recognized manufacturer of vehicles, and not materially altered from its original
construction.
(77) (a) "Standard license plate" means a license plate for general issue described in
Subsection 
41-1a-402
(1).
(b) "Standard license plate" includes a license plate for general issue that the division
issues before January 1, 2024.
(78) "State impound yard" means a yard for the storage of a vehicle, vessel, or outboard
motor that meets the requirements of rules made by the commission [
pursuant to Subsection
41-1a-1101
(5)
] 
as described in Subsection 
41-1a-1101
(7)
.
(79) "Symbol decal" means the decal that is designed to represent a special group and
displayed on a special group license plate.
(80) "Title" means the right to or ownership of a vehicle, vessel, or outboard motor.
(81) (a) "Total fleet miles" means the total number of miles operated in all jurisdictions
during the preceding year by power units.
(b) If fleets are composed entirely of trailers or semitrailers, "total fleet miles" means
the number of miles that those vehicles were towed on the highways of all jurisdictions during
the preceding year.
(82) "Tow truck motor carrier" means the same as that term is defined in Section
72-9-102
.
(83) "Tow truck operator" means the same as that term is defined in Section 
72-9-102
.
(84) "Trailer" means a vehicle without motive power designed for carrying persons or
property and for being drawn by a motor vehicle and constructed so that no part of its weight
rests upon the towing vehicle.
(85) "Transferee" means a person to whom the ownership of property is conveyed by
sale, gift, or any other means except by the creation of a security interest.
(86) "Transferor" means a person who transfers the person's ownership in property by
sale, gift, or any other means except by creation of a security interest.
(87) "Travel trailer," "camping trailer," or "fifth wheel trailer" means a portable vehicle
without motive power, designed as a temporary dwelling for travel, recreational, or vacation
use that does not require a special highway movement permit when drawn by a self-propelled
motor vehicle.
(88) "Truck tractor" means a motor vehicle designed and used primarily for drawing
other vehicles and not constructed to carry a load other than a part of the weight of the vehicle
and load that is drawn.
(89) "Vehicle" includes a motor vehicle, trailer, semitrailer, off-highway vehicle,
camper, park model recreational vehicle, manufactured home, and mobile home.
(90) "Vessel" means the same as that term is defined in Section 
73-18-2
.
(91) "Vintage vehicle" means the same as that term is defined in Section 
41-21-1
.
(92) "Waters of this state" means the same as that term is defined in Section 
73-18-2
.
(93) "Weighmaster" means a person, association of persons, or corporation permitted
to weigh vehicles under this chapter.
Section 2. Section 
41-1a-1101
 is amended to read:
41-1a-1101.
Seizure -- Circumstances where permitted -- Impound lot standards.
(1) As used in this section:
(a) (i) "Criminal offense" means an offense that is a felony, a misdemeanor, an
infraction, or a violation of an ordinance, under municipal, state, or federal law.
(ii) "Criminal offense" includes:
(A) an offense described in Chapter 6a, Traffic Code;
(B) an offense described in Title 53, Chapter 3, Part 2, Driver Licensing Act;
(C) an offense described in Title 73, Chapter 18, State Boating Act;
(D) an offense described in Title 76, Utah Criminal Code; and
(E) any local ordinance that is substantially similar to an offense listed in Subsections
(1)(a)(ii)(A) through (D).
(b) "Operator" means the same as that term is defined in Section 
41-6a-102
.
(c) "Road rage event" means the commission of a criminal offense:
(i) by an operator or passenger of a vehicle;
(ii) in response to an incident that occurs or escalates upon a roadway; and
(iii) with the intent to endanger or intimidate an individual in another vehicle.
(d) "Roadway" means:
(i) a highway; or
(ii) a private road or driveway as defined in Section 
41-6a-102
.
[
(1)
] 
(2)
 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
] 
probable cause
 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
] 
probable cause
 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
.
(3) The division or a peace officer, without a warrant:
(a) may seize and take possession of a vehicle when the division or the peace officer
has probable cause to believe that an operator or passenger of the vehicle engaged in a road
rage event; and
(b) shall seize and take possession of a vehicle when the division or the peace officer
has probable cause to believe that an operator or passenger of the vehicle has engaged in a road
rage event in which a firearm was used in furtherance of the road rage event.
[
(2)
] 
(4)
 (a) Subject to the restriction in Subsection [
(2)(b)
] 
(4)(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
 after the division or any peace officer makes a reasonable determination whether
the vehicle would:
(A) present a public safety concern to the operator or any of the occupants in the
vehicle; or
(B) 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)
] 
(4)(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)
] 
(5)
 If necessary for the transportation of a seized vessel, the vessel's trailer may be
seized to transport and store the vessel.
[
(4)
] 
(6)
 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)
] 
(7)
 (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.
(c) A crusher, dismantler, or salvage dealer may not operate as a state impound yard
unless the crusher, dismantler, or salvage dealer meets all of the requirements for a state
impound yard set forth in this section and rules made in accordance with Subsection [
(5)(a)
]
(7)(a)
.
(d) (i) Rules made by the commission shall include a requirement that a state impound
yard have opaque fencing on any side of the state impound yard that has frontage with a
highway.
(ii) The opaque fencing described in Subsection [
(5)(d)(i)
] 
(7)(d)(i)
 may be opaque
chain link fencing.
[
(6)
] 
(8)
 (a) Except as provided under Subsection [
(6)(b)
] 
(8)(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)
] 
(8)(a)
.
[
(7)
] 
(9)
 A person who violates the provisions of Subsection [
(6)
] 
(8)
 is guilty of a
class C misdemeanor.
[
(8)
] 
(10)
 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.
Section 3. Section 
41-1a-1103
 is amended to read:
41-1a-1103.
Sale.
(1) (a) To determine the model year of a vehicle, vessel, or outboard motor as
described in this section, the division shall use the model year assigned to a vehicle, vessel, or
outboard motor based on:
(i) the vehicle identification number assigned by the division; or
(ii) if the division has not assigned a vehicle identification number, the vehicle
identification number assigned by the manufacturer.
(b) To determine the age of a vehicle, vessel, or outboard motor as described in this
section, the division shall use the date of the impoundment of the vehicle, vessel, or outboard
motor.
(2) (a) For a vehicle, vessel, or outboard motor with a model year of eight years old or
older, if the owner or lienholder of a seized vehicle, vessel, or outboard motor does not recover
the vehicle, vessel, or outboard motor within 30 days from the date of the original notice
described in Section 
41-6a-1406
, or if the division is unable to determine the owner or
lienholder through reasonable efforts, the division shall issue a certificate of sale for the
vehicle, vessel, or outboard motor to the tow truck motor carrier in possession of the vehicle,
vessel, or outboard motor upon request by the tow truck motor carrier.
(i) For a vehicle, vessel, or outboard motor with a model year of eight years old or
older, if the owner or lienholder of a vehicle, vessel, or outboard motor seized under Section
41-1a-1101
 and subsequently released by the division fails to take possession of the vehicle,
vessel, or outboard motor and satisfy the amount due to the place of storage within 30 days
from the date of release, the division shall, 30 days from the date of the original notice
described in Section 
41-6a-1406
, issue a certificate of sale for the vehicle, vessel, or outboard
motor to the tow truck motor carrier in possession of the vehicle, vessel, or outboard motor
upon request by the tow truck motor carrier, in accordance with this section.
(ii) For a vehicle, vessel, or outboard motor with a model year of eight years old or
older, if the owner or lienholder of a vehicle, vessel, or outboard motor seized under Section
41-1a-1101
 and subsequently released by the division fails to take possession of the vehicle,
vessel, or outboard motor and satisfy the amount due to the place of storage within 20 days
from the original notice described in Section 
41-6a-1406
, the tow truck motor carrier shall
notify the division, and the division shall renotify the owner or lienholder.
(3) For a vehicle, vessel, or outboard motor with a model year seven years old or
newer, if the owner or lienholder of a seized vehicle, vessel, or outboard motor does not
recover the vehicle, vessel, or outboard motor within 60 days from the date of the original
notice described in Section 
41-6a-1406
, or if the division is unable to determine the owner or
lienholder through reasonable efforts, the division shall sell the vehicle, vessel, or outboard
motor as described in Subsection (4).
(4) The sale of a vehicle, vessel, or outboard motor described in Subsection (3) shall:
(a) be held in the form of a public auction at the place of storage; and
(b) at the discretion of the division, be conducted by:
(i) an authorized representative of the division; or
(ii) a public garage, impound lot, or impound yard that:
(A) is authorized by the division;
(B) meets the standards under Subsection [
41-1a-1101
(5)
] 
41-1a-1101
(7)
; and
(C) complies with the requirements of Section 
72-9-603
.
(5) At least five days prior to the date set for sale described in Subsection (4), the
division shall publish a notice of sale setting forth the date, time, and place of sale and a
description of the vehicle, vessel, or outboard motor to be sold:
(a) on the division's website; and
(b) as required in Section 
45-1-101
.
(6) At the time of sale described in Subsection (4) the division or other person
authorized to conduct the sale shall tender to the highest bidder a certificate of sale conveying
all rights, title, and interest in the vehicle, vessel, or outboard motor.
(7) The proceeds from the sale of a vehicle, vessel, or outboard motor under
Subsection (4) shall be distributed as provided under Section 
41-1a-1104
.
(8) For a vehicle, vessel, or outboard motor with a model year seven years old or
newer, if the owner or lienholder of a vehicle, vessel, or outboard motor seized under Section
41-1a-1101
 and subsequently released by the division fails to take possession of the vehicle,
vessel, or outboard motor and satisfy the amount due to the place of storage within 60 days
from the date of release, the division shall, 60 days from the date of the original notice
described in Section 
41-6a-1406
, sell the vehicle, vessel, or outboard motor as described in
Subsection (4).
(9) For a vehicle, vessel, or outboard motor with a model year of seven years old or
newer, if the owner or lienholder of a vehicle, vessel, or outboard motor seized under Section
41-1a-1101
 and subsequently released by the division fails to take possession of the vehicle,
vessel, or outboard motor within 45 days of the original notice described in Section
41-6a-1406
, the tow truck motor carrier shall notify the division, and the division shall renotify
the owner or lienholder.
Section 4. Section 
41-6a-1406
 is amended to read:
41-6a-1406.
Removal and impoundment of vehicles -- Reporting and notification
requirements -- Administrative impound fee -- Refunds -- Possessory lien -- Rulemaking.
(1) If a vehicle, vessel, or outboard motor is removed or impounded as provided under
Section 
41-1a-1101
, 
41-6a-527
, 
41-6a-1405
, 
41-6a-1408
, or 
73-18-20.1
 by an order of a peace
officer or by an order of a person acting on behalf of a law enforcement agency or highway
authority, the removal or impoundment of the vehicle, vessel, or outboard motor shall be at the
expense of the owner.
(2) The vehicle, vessel, or outboard motor under Subsection (1) shall be removed or
impounded to a state impound yard.
(3) The peace officer may move a vehicle, vessel, or outboard motor or cause it to be
removed by a tow truck motor carrier that meets standards established:
(a) under Title 72, Chapter 9, Motor Carrier Safety Act; and
(b) by the department under Subsection (10).
(4) (a) A report described in this Subsection (4) is required for a vehicle, vessel, or
outboard motor that is:
(i) removed or impounded as described in Subsection (1); or
(ii) removed or impounded by any law enforcement or government entity.
(b) Before noon on the next business day after the date of the removal of the vehicle,
vessel, or outboard motor, a report of the removal shall be sent to the Motor Vehicle Division
by:
(i) the peace officer or agency by whom the peace officer is employed; and
(ii) the tow truck operator or the tow truck motor carrier by whom the tow truck
operator is employed.
(c) The report shall be in a form specified by the Motor Vehicle Division and shall
include:
(i) the operator's name, if known;
(ii) a description of the vehicle, vessel, or outboard motor;
(iii) the vehicle identification number or vessel or outboard motor identification
number;
(iv) the license number, temporary permit number, or other identification number
issued by a state agency;
(v) the date, time, and place of impoundment;
(vi) the reason for removal or impoundment;
(vii) the name of the tow truck motor carrier who removed the vehicle, vessel, or
outboard motor; and
(viii) the place where the vehicle, vessel, or outboard motor is stored.
(d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
State Tax Commission shall make rules to establish proper format and information required on
the form described in this Subsection (4).
(e) Until the tow truck operator or tow truck motor carrier reports the removal as
required under this Subsection (4), a tow truck motor carrier or impound yard may not:
(i) collect any fee associated with the removal; and
(ii) begin charging storage fees.
(5) (a) Except as provided in Subsection (5)(e) and upon receipt of the report, the
Motor Vehicle Division shall give notice, in the manner described in Section 
41-1a-114
, to the
following parties with an interest in the vehicle, vessel, or outboard motor, as applicable:
(i) the registered owner;
(ii) any lien holder; or
(iii) a dealer, as defined in Section 
41-1a-102
, if the vehicle, vessel, or outboard motor
is currently operating under a temporary permit issued by the dealer, as described in Section
41-3-302
.
(b) The notice shall:
(i) state the date, time, and place of removal, the name, if applicable, of the person
operating the vehicle, vessel, or outboard motor at the time of removal, the reason for removal,
and the place where the vehicle, vessel, or outboard motor is stored;
(ii) state that the registered owner is responsible for payment of towing, impound, and
storage fees charged against the vehicle, vessel, or outboard motor;
(iii) state the conditions that must be satisfied before the vehicle, vessel, or outboard
motor is released; and
(iv) inform the parties described in Subsection (5)(a) of the division's intent to sell the
vehicle, vessel, or outboard motor, if, within 30 days after the day of the removal or
impoundment under this section, one of the parties fails to make a claim for release of the
vehicle, vessel, or outboard motor.
(c) Except as provided in Subsection (5)(e) and if the vehicle, vessel, or outboard
motor is not registered in this state, the Motor Vehicle Division shall make a reasonable effort
to notify the parties described in Subsection (5)(a) of the removal and the place where the
vehicle, vessel, or outboard motor is stored.
(d) The Motor Vehicle Division shall forward a copy of the notice to the place where
the vehicle, vessel, or outboard motor is stored.
(e) The Motor Vehicle Division is not required to give notice under this Subsection (5)
if a report was received by a tow truck operator or tow truck motor carrier reporting a tow truck
service in accordance with Subsection 
72-9-603
(1)(a)(i).
(6) (a) The vehicle, vessel, or outboard motor shall be released after a party described
in Subsection (5)(a):
(i) makes a claim for release of the vehicle, vessel, or outboard motor at any office of
the State Tax Commission;
(ii) presents identification sufficient to prove ownership of the impounded vehicle,
vessel, or outboard motor;
(iii) completes the registration, if needed, and pays the appropriate fees;
(iv) if the impoundment was made under Section 
41-6a-527
or Subsection
41-1a-1101
(3)
, pays an administrative impound fee of $400; and
(v) pays all towing and storage fees to the place where the vehicle, vessel, or outboard
motor is stored.
(b) (i) [
Twenty-nine dollars
] 
$29
 of the administrative impound fee assessed under
Subsection (6)(a)(iv) shall be dedicated credits to the Motor Vehicle Division;
(ii) $147 of the administrative impound fee assessed under Subsection (6)(a)(iv) shall
be deposited into the Department of Public Safety Restricted Account created in Section
53-3-106
;
(iii) $20 of the administrative impound fee assessed under Subsection (6)(a)(iv) shall
be deposited into the Neuro-Rehabilitation Fund created in Section 
26B-1-319
; and
(iv) the remainder of the administrative impound fee assessed under Subsection
(6)(a)(iv) shall be deposited into the General Fund.
(c) The administrative impound fee assessed under Subsection (6)(a)(iv) shall be
waived or refunded by the State Tax Commission if the registered owner, lien holder, or
owner's agent presents written evidence to the State Tax Commission that:
(i) the Driver License Division determined that the arrested person's driver license
should not be suspended or revoked under Section 
53-3-223
 or 
41-6a-521
 as shown by a letter
or other report from the Driver License Division presented within 180 days after the day on
which the Driver License Division mailed the final notification; or
(ii) the vehicle was stolen at the time of the impoundment as shown by a copy of the
stolen vehicle report presented within 180 days after the day of the impoundment.
(d) A tow truck operator, a tow truck motor carrier, and an impound yard shall accept
payment by cash and debit or credit card for a removal or impoundment under Subsection (1)
or any service rendered, performed, or supplied in connection with a removal or impoundment
under Subsection (1).
(e) The owner of an impounded vehicle may not be charged a fee for the storage of the
impounded vehicle, vessel, or outboard motor if:
(i) the vehicle, vessel, or outboard motor is being held as evidence; and
(ii) the vehicle, vessel, or outboard motor is not being released to a party described in
Subsection (5)(a), even if the party satisfies the requirements to release the vehicle, vessel, or
outboard motor under this Subsection (6).
(7) (a) For an impounded vehicle, vessel, or outboard motor not claimed by a party
described in Subsection (5)(a) within the time prescribed by Section 
41-1a-1103
, the Motor
Vehicle Division shall issue a certificate of sale for the impounded vehicle, vessel, or outboard
motor as described in Section 
41-1a-1103
.
(b) The date of impoundment is considered the date of seizure for computing the time
period provided under Section 
41-1a-1103
.
(8) A party described in Subsection (5)(a) that pays all fees and charges incurred in the
impoundment of the owner's vehicle, vessel, or outboard motor has a cause of action for all the
fees and charges, together with damages, court costs, and attorney fees, against the operator of
the vehicle, vessel, or outboard motor whose actions caused the removal or impoundment.
(9) Towing, impound fees, and storage fees are a possessory lien on the vehicle, vessel,
or outboard motor.
(10) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the department shall make rules setting the performance standards for towing companies to be
used by the department.
(11) (a) The Motor Vehicle Division may specify that a report required under
Subsection (4) be submitted in electronic form utilizing a database for submission, storage, and
retrieval of the information.
(b) (i) Unless otherwise provided by statute, the Motor Vehicle Division or the
administrator of the database may adopt a schedule of fees assessed for utilizing the database.
(ii) The fees under this Subsection (11)(b) shall:
(A) be reasonable and fair; and
(B) reflect the cost of administering the database.
Section 5. Section 
41-12a-806
 is amended to read:
41-12a-806.
Restricted account -- Creation -- Funding -- Interest -- Purposes.
(1) There is created within the Transportation Fund a restricted account known as the
"Uninsured Motorist Identification Restricted Account."
(2) The account consists of money generated from the following revenue sources:
(a) money received by the state under Section 
41-1a-1218
, the uninsured motorist
identification fee;
(b) money received by the state under Section 
41-1a-1220
, the registration
reinstatement fee; and
(c) appropriations made to the account by the Legislature.
(3) (a) The account shall earn interest.
(b) All interest earned on account money shall be deposited into the account.
(4) The Legislature shall appropriate money from the account to:
(a) the department to fund the contract with the designated agent;
(b) the department to offset the costs to state and local law enforcement agencies of
using the information for the purposes authorized under this part;
(c) the Tax Commission to offset the costs to the Motor Vehicle Division for revoking
and reinstating vehicle registrations under Subsection 
41-1a-110
(2)(a)(ii); and
(d) the department to reimburse a person for the costs of towing and storing the
person's vehicle if:
(i) the person's vehicle was impounded in accordance with Subsection [
41-1a-1101
(2)
]
41-1a-1101
(4)
;
(ii) the impounded vehicle had owner's or operator's security in effect for the vehicle at
the time of the impoundment;
(iii) the database indicated that owner's or operator's security was not in effect for the
impounded vehicle; and
(iv) the department determines that the person's vehicle was wrongfully impounded.
(5) The Legislature may appropriate not more than $1,500,000 annually from the
account to the Peace Officer Standards and Training Division, created under Section 
53-6-103
,
for use in law enforcement training, including training on the use of the Uninsured Motorist
Identification Database Program created under Title 41, Chapter 12a, Part 8, Uninsured
Motorist Identification Database Program.
(6) (a) By following the procedures in Title 63G, Chapter 4, Administrative Procedures
Act, the department shall hold a hearing to determine whether a person's vehicle was
wrongfully impounded under Subsection [
41-1a-1101
(2)
] 
41-1a-1101
(4)
.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division shall make rules establishing procedures for a person to apply for a reimbursement
under Subsection (4)(d).
(c) A person is not eligible for a reimbursement under Subsection (4)(d) unless the
person applies for the reimbursement within six months from the date that the motor vehicle
was impounded.
Section 6. Section 
53-3-220
 is amended to read:
53-3-220.
Offenses requiring mandatory revocation, denial, suspension, or
disqualification of license -- Offense requiring an extension of period -- Hearing --
Limited driving privileges.
(1) (a) The division shall immediately revoke or, when this chapter, Title 41, Chapter
6a, Traffic Code, or Section 
76-5-303
, specifically provides for denial, suspension, or
disqualification, the division shall deny, suspend, or disqualify the license of a person upon
receiving a record of the person's conviction for:
(i) manslaughter or negligent homicide resulting from driving a motor vehicle,
negligently operating a vehicle resulting in death under Section 
76-5-207
, or automobile
homicide involving using a handheld wireless communication device while driving under
Section 
76-5-207.5
;
(ii) driving or being in actual physical control of a motor vehicle while under the
influence of alcohol, any drug, or combination of them to a degree that renders the person
incapable of safely driving a motor vehicle as prohibited in Section 
41-6a-502
 or as prohibited
in an ordinance that complies with the requirements of Subsection 
41-6a-510
(1);
(iii) driving or being in actual physical control of a motor vehicle while having a blood
or breath alcohol content as prohibited in Section 
41-6a-502
 or as prohibited in an ordinance
that complies with the requirements of Subsection 
41-6a-510
(1);
(iv) perjury or the making of a false affidavit to the division under this chapter, Title
41, Motor Vehicles, or any other law of this state requiring the registration of motor vehicles or
regulating driving on highways;
(v) any felony under the motor vehicle laws of this state;
(vi) any other felony in which a motor vehicle is used to facilitate the offense;
(vii) failure to stop and render aid as required under the laws of this state if a motor
vehicle accident results in the death or personal injury of another;
(viii) two charges of reckless driving, impaired driving, or any combination of reckless
driving and impaired driving committed within a period of 12 months; but if upon a first
conviction of reckless driving or impaired driving the judge or justice recommends suspension
of the convicted person's license, the division may after a hearing suspend the license for a
period of three months;
(ix) failure to bring a motor vehicle to a stop at the command of a law enforcement
officer as required in Section 
41-6a-210
;
(x) any offense specified in Part 4, Uniform Commercial Driver License Act, that
requires disqualification;
(xi) a felony violation of Section 
76-10-508
 or 
76-10-508.1
 involving discharging or
allowing the discharge of a firearm from a vehicle;
(xii) using, allowing the use of, or causing to be used any explosive, chemical, or
incendiary device from a vehicle in violation of Subsection 
76-10-306
(4)(b);
(xiii) operating or being in actual physical control of a motor vehicle while having any
measurable controlled substance or metabolite of a controlled substance in the person's body in
violation of Section 
41-6a-517
;
(xiv) operating or being in actual physical control of a motor vehicle while having any
measurable or detectable amount of alcohol in the person's body in violation of Section
41-6a-530
;
(xv) engaging in a motor vehicle speed contest or exhibition of speed on a highway in
violation of Section 
41-6a-606
;
(xvi) operating or being in actual physical control of a motor vehicle in this state
without an ignition interlock system in violation of Section 
41-6a-518.2
; [
or
]
(xvii) refusal of a chemical test under Subsection 
41-6a-520.1
(1)[
.
]
; or
(xviii) two or more offenses that:
(A) are committed within a period of one year;
(B) are enhanced under Section 
76-3-203.17
; and
(C) arose from separate incidents.
(b) The division shall immediately revoke the license of a person upon receiving a
record of an adjudication under Section 
80-6-701
 for:
(i) a felony violation of Section 
76-10-508
 or 
76-10-508.1
 involving discharging or
allowing the discharge of a firearm from a vehicle; or
(ii) using, allowing the use of, or causing to be used any explosive, chemical, or
incendiary device from a vehicle in violation of Subsection 
76-10-306
(4)(b).
(c) (i) Except when action is taken under Section 
53-3-219
 for the same offense, upon
receiving a record of conviction, the division shall immediately suspend for six months the
license of the convicted person if the person was convicted of violating any one of the
following offenses while the person was an operator of a motor vehicle, and the court finds that
a driver license suspension is likely to reduce recidivism and is in the interest of public safety:
(A) Title 58, Chapter 37, Utah Controlled Substances Act;
(B) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
(C) Title 58, Chapter 37b, Imitation Controlled Substances Act;
(D) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act;
(E) Title 58, Chapter 37d, Clandestine Drug Lab Act; or
(F) any criminal offense that prohibits possession, distribution, manufacture,
cultivation, sale, or transfer of any substance that is prohibited under the acts described in
Subsections (1)(c)(i)(A) through (E), or the attempt or conspiracy to possess, distribute,
manufacture, cultivate, sell, or transfer any substance that is prohibited under the acts described
in Subsections (1)(c)(i)(A) through (E).
(ii) Notwithstanding the provisions in Subsection (1)(c)(i), the division shall reinstate a
person's driving privilege before completion of the suspension period imposed under
Subsection (1)(c)(i) if the reporting court notifies the Driver License Division, in a manner
specified by the division, that the defendant is participating in or has successfully completed a
drug court program as defined in Section 
78A-5-201
.
(iii) If a person's driving privilege is reinstated under Subsection (1)(c)(ii), the person is
required to pay the license reinstatement fees under Subsection 
53-3-105
(26).
(iv) The court shall notify the division, in a manner specified by the division, if a
person fails to complete all requirements of the drug court program.
(v) Upon receiving the notification described in Subsection (1)(c)(iv), the division shall
suspend the person's driving privilege for a period of six months from the date of the notice,
and no days shall be subtracted from the six-month suspension period for which a driving
privilege was previously suspended under Subsection (1)(c)(i).
(d) (i) The division shall immediately suspend a person's driver license for conviction
of the offense of theft of motor vehicle fuel under Section 
76-6-404.7
 if the division receives:
(A) an order from the sentencing court requiring that the person's driver license be
suspended; and
(B) a record of the conviction.
(ii) An order of suspension under this section is at the discretion of the sentencing
court, and may not be for more than 90 days for each offense.
(e) (i) The division shall immediately suspend for one year the license of a person upon
receiving a record of:
(A) conviction for the first time for a violation under Section 
32B-4-411
; or
(B) an adjudication under Section 
80-6-701
 for a violation under Section 
32B-4-411
.
(ii) The division shall immediately suspend for a period of two years the license of a
person upon receiving a record of:
(A) (I) conviction for a second or subsequent violation under Section 
32B-4-411
; and
(II) the violation described in Subsection (1)(e)(ii)(A)(I) is within 10 years of a prior
conviction for a violation under Section 
32B-4-411
; or
(B) (I) a second or subsequent adjudication under Section 
80-6-701
 for a violation
under Section 
32B-4-411
; and
(II) the adjudication described in Subsection (1)(e)(ii)(B)(I) is within 10 years of a prior
adjudication under Section 
80-6-701
 for a violation under Section 
32B-4-411
.
(iii) Upon receipt of a record under Subsection (1)(e)(i) or (ii), the division shall:
(A) for a conviction or adjudication described in Subsection (1)(e)(i):
(I) impose a suspension for one year beginning on the date of conviction; or
(II) if the person is under the age of eligibility for a driver license, impose a suspension
that begins on the date of conviction and continues for one year beginning on the date of
eligibility for a driver license; or
(B) for a conviction or adjudication described in Subsection (1)(e)(ii):
(I) impose a suspension for a period of two years; or
(II) if the person is under the age of eligibility for a driver license, impose a suspension
that begins on the date of conviction and continues for two years beginning on the date of
eligibility for a driver license.
(iv) Upon receipt of the first order suspending a person's driving privileges under
Section 
32B-4-411
, the division shall reduce the suspension period under Subsection (1)(e)(i) if
ordered by the court in accordance with Subsection 
32B-4-411
(3)(a).
(v) Upon receipt of the second or subsequent order suspending a person's driving
privileges under Section 
32B-4-411
, the division shall reduce the suspension period under
Subsection (1)(e)(ii) if ordered by the court in accordance with Subsection 
32B-4-411
(3)(b).
(f) The division shall immediately suspend a person's driver license for the conviction
of an offense that is enhanced under Section 
76-3-203.17
 if the division receives:
(i) an order from the sentencing court requiring the person's driver license to be
suspended; and
(ii) a record of the conviction.
(2) The division shall extend the period of the first denial, suspension, revocation, or
disqualification for an additional like period, to a maximum of one year for each subsequent
occurrence, upon receiving:
(a) a record of the conviction of any person on a charge of driving a motor vehicle
while the person's license is denied, suspended, revoked, or disqualified;
(b) a record of a conviction of the person for any violation of the motor vehicle law in
which the person was involved as a driver;
(c) a report of an arrest of the person for any violation of the motor vehicle law in
which the person was involved as a driver; or
(d) a report of an accident in which the person was involved as a driver.
(3) When the division receives a report under Subsection (2)(c) or (d) that a person is
driving while the person's license is denied, suspended, disqualified, or revoked, the person is
entitled to a hearing regarding the extension of the time of denial, suspension, disqualification,
or revocation originally imposed under Section 
53-3-221
.
(4) (a) The division may extend to a person the limited privilege of driving a motor
vehicle to and from the person's place of employment or within other specified limits on
recommendation of the judge in any case where a person is convicted of any of the offenses
referred to in Subsections (1) and (2) except:
(i) those offenses referred to in Subsections (1)(a)(i), (ii), (iii), (xi), (xii), (xiii), (1)(b),
and (1)(c)(i); and
(ii) those offenses referred to in Subsection (2) when the original denial, suspension,
revocation, or disqualification was imposed because of a violation of Section 
41-6a-502
,
41-6a-517
, a local ordinance that complies with the requirements of Subsection 
41-6a-510
(1),
Section 
41-6a-520
, 
41-6a-520.1
, 
76-5-102.1
, or 
76-5-207
, or a criminal prohibition that the
person was charged with violating as a result of a plea bargain after having been originally
charged with violating one or more of these sections or ordinances, unless:
(A) the person has had the period of the first denial, suspension, revocation, or
disqualification extended for a period of at least three years;
(B) the division receives written verification from the person's primary care physician
that:
(I) to the physician's knowledge the person has not used any narcotic drug or other
controlled substance except as prescribed by a licensed medical practitioner within the last
three years; and
(II) the physician is not aware of any physical, emotional, or mental impairment that
would affect the person's ability to operate a motor vehicle safely; and
(C) for a period of one year prior to the date of the request for a limited driving
privilege:
(I) the person has not been convicted of a violation of any motor vehicle law in which
the person was involved as the operator of the vehicle;
(II) the division has not received a report of an arrest for a violation of any motor
vehicle law in which the person was involved as the operator of the vehicle; and
(III) the division has not received a report of an accident in which the person was
involved as an operator of a vehicle.
(b) (i) Except as provided in Subsection (4)(b)(ii), the discretionary privilege
authorized in this Subsection (4):
(A) is limited to when undue hardship would result from a failure to grant the
privilege; and
(B) may be granted only once to any person during any single period of denial,
suspension, revocation, or disqualification, or extension of that denial, suspension, revocation,
or disqualification.
(ii) The discretionary privilege authorized in Subsection (4)(a)(ii):
(A) is limited to when the limited privilege is necessary for the person to commute to
school or work; and
(B) may be granted only once to any person during any single period of denial,
suspension, revocation, or disqualification, or extension of that denial, suspension, revocation,
or disqualification.
(c) A limited CDL may not be granted to a person disqualified under Part 4, Uniform
Commercial Driver License Act, or whose license has been revoked, suspended, cancelled, or
denied under this chapter.
Section 7. Section 
76-1-101.5
 is amended to read:
76-1-101.5.
Definitions.
Unless otherwise provided, as used in this title:
(1) "Act" means a voluntary bodily movement and includes speech.
(2) "Actor" means a person whose criminal responsibility is in issue in a criminal
action.
(3) "Affinity" means a relationship by marriage.
(4) "Bodily injury" means physical pain, illness, or any impairment of physical
condition.
(5) "Conduct" means an act or omission.
(6) "Consanguinity" means a relationship by blood to the first or second degree,
including an individual's parent, grandparent, sibling, child, aunt, uncle, niece, or nephew.
(7) 
(a)
 "Dangerous weapon" means:
[
(a)
] 
(i)
 any item capable of causing death or serious bodily injury; or
[
(b)
] 
(ii)
 a facsimile or representation of the item, if:
[
(i)
] 
(A)
 the actor's use or apparent intended use of the item leads the victim to
reasonably believe the item is likely to cause death or serious bodily injury; or
[
(ii)
] 
(B)
 the actor represents to the victim verbally or in any other manner that the
actor is in control of such an item.
(b) "Dangerous weapon" includes an automobile, a truck, a truck tractor, a bus, or any
other self-propelled vehicle.
(8) "Grievous sexual offense" means:
(a) rape, Section 
76-5-402
;
(b) rape of a child, Section 
76-5-402.1
;
(c) object rape, Section 
76-5-402.2
;
(d) object rape of a child, Section 
76-5-402.3
;
(e) forcible sodomy, Subsection 
76-5-403
(2);
(f) sodomy on a child, Section 
76-5-403.1
;
(g) aggravated sexual abuse of a child, Section 
76-5-404.3
;
(h) aggravated sexual assault, Section 
76-5-405
;
(i) any felony attempt to commit an offense described in Subsections (8)(a) through
(h); or
(j) an offense in another state, territory, or district of the United States that, if
committed in Utah, would constitute an offense described in Subsections (8)(a) through (i).
(9) "Offense" means a violation of any penal statute of this state.
(10) "Omission" means a failure to act when there is a legal duty to act and the actor is
capable of acting.
(11) "Person" means an individual, public or private corporation, government,
partnership, or unincorporated association.
(12) "Possess" means to have physical possession of or to exercise dominion or control
over tangible property.
(13) "Public entity" means:
(a) the state, or an agency, bureau, office, department, division, board, commission,
institution, laboratory, or other instrumentality of the state;
(b) a political subdivision of the state, including a county, municipality, interlocal
entity, special district, special service district, school district, or school board;
(c) an agency, bureau, office, department, division, board, commission, institution,
laboratory, or other instrumentality of a political subdivision of the state; or
(d) another entity that:
(i) performs a public function; and
(ii) is authorized to hold, spend, transfer, disburse, use, or receive public money.
(14) (a) "Public money" or "public funds" means money, funds, or accounts, regardless
of the source from which they are derived, that:
(i) are owned, held, or administered by an entity described in Subsections (13)(a)
through (c); or
(ii) are in the possession of an entity described in Subsection (13)(d)(i) for the purpose
of performing a public function.
(b) "Public money" or "public funds" includes money, funds, or accounts described in
Subsection (14)(a) after the money, funds, or accounts are transferred by a public entity to an
independent contractor of the public entity.
(c) "Public money" or "public funds" remains public money or public funds while in
the possession of an independent contractor of a public entity for the purpose of providing a
program or service for, or on behalf of, the public entity.
(15) "Public officer" means:
(a) an elected official of a public entity;
(b) an individual appointed to, or serving an unexpired term of, an elected official of a
public entity;
(c) a judge of a court of record or not of record, including justice court judges; or
(d) a member of the Board of Pardons and Parole.
(16) (a) "Public servant" means:
(i) a public officer;
(ii) an appointed official, employee, consultant, or independent contractor of a public
entity; or
(iii) a person hired or paid by a public entity to perform a government function.
(b) Public servant includes a person described in Subsection (16)(a) upon the person's
election, appointment, contracting, or other selection, regardless of whether the person has
begun to officially occupy the position of a public servant.
(17) "Serious bodily injury" means bodily injury that creates or causes serious
permanent disfigurement, protracted loss or impairment of the function of any bodily member
or organ, or creates a substantial risk of death.
(18) "Substantial bodily injury" means bodily injury, not amounting to serious bodily
injury, that creates or causes protracted physical pain, temporary disfigurement, or temporary
loss or impairment of the function of any bodily member or organ.
(19) "Writing" or "written" includes any handwriting, typewriting, printing, electronic
storage or transmission, or any other method of recording information or fixing information in
a form capable of being preserved.
Section 8. Section 
76-3-203.17
 is enacted to read:
 76-3-203.17.
Enhancement of an offense for road rage.
(1) As used in this section:
(a) "Roadway" means the same as that term is defined in Section 
41-1a-1101
.
(b) "Operator" means the same as that term is defined in Section 
41-6a-102
.
(c) "Vehicle" means the same as that term is defined in Section 
41-1a-102
.
(2) An actor is guilty of:
(a) (i) a class C misdemeanor if the actor is charged with an offense that is designated
by law as an infraction;
(ii) a class B misdemeanor if the actor is charged with an offense that is designated by
law as a class C misdemeanor;
(iii) a class A misdemeanor if the actor is charged with an offense that is designated by
law as a class B misdemeanor;
(iv) a third degree felony if the actor is charged with an offense that is designated by
law as a class A misdemeanor;
(v) a third degree felony if the actor is charged with an offense that is designated by
law as a third degree felony; or
(vi) a second degree felony if the actor is charged with an offense that is designated by
law as a second degree felony; and
(b) the trier of fact finds:
(i) the actor committed the offense;
(ii) the actor was an operator or passenger of a vehicle;
(iii) the actor committed the offense in response to an incident that occurred or
escalated upon a roadway; and
(iv) the actor committed the offense with the intent to endanger or intimidate an
individual in another vehicle.
(3) (a) If an actor is guilty of a class C misdemeanor as described in Subsection
(2)(a)(i), the court shall impose a mandatory fine of no less than $500 in addition to any other
penalty the court may impose for a class C misdemeanor.
(b) If an actor is guilty of a class B misdemeanor as described in Subsection (2)(a)(ii),
the court shall impose a mandatory fine of no less than $500 in addition to any other penalty
the court may impose for a class B misdemeanor.
(c) If an actor is guilty of a class A misdemeanor as described in Subsection (2)(a)(iii),
the court shall impose a mandatory fine of no less than $750 in addition to any other penalty
the court may impose for a class A misdemeanor.
(d) If an actor is guilty of a third degree felony as described in Subsection (2)(a)(iv),
the court shall impose a mandatory fine of no less than $1,000 in addition to any other penalty
the court may impose for a third degree felony.
(e) If an actor is guilty of a third degree felony as described in Subsection (2)(a)(v):
(i) the court shall impose a mandatory fine of no less than $1,000; and
(ii) the court may impose an indeterminate term of imprisonment for no less than one
year and no more than five years in addition to any other penalty the court may impose for a
third degree felony.
(f) If an actor is guilty of a second degree felony as described in Subsection (2)(a)(vi):
(i) the court shall impose a mandatory fine of no less than $1,000; and
(ii) the court may impose an indeterminate term of imprisonment for no less than two
years and no more than 15 years in addition to any other penalty the court may impose for a
second degree felony.
(4) The prosecuting attorney, or the grand jury if an indictment is returned, shall
include notice in the information or indictment that the offense is subject to an enhancement
under this section.
(5) (a) If an actor is convicted of an offense and the offense is enhanced under this
section, the court may order the suspension of the actor's driver license for a period of no
longer than one year, except that the court may not order a suspension of an actor's driver
license if the actor's driver license is required to be revoked under Subsection 
53-3-220
(1).
(b) If the court orders the suspension of the actor's driver license, the court shall:
(i) specify the length of the suspension in the order as described in Section 
53-3-225
;
and
(ii) forward the order of suspension to the Driver License Division.
(6) If an offense is enhanced under this section, the court shall forward a record of
conviction for the offense to the Driver License Division.
Section 9. 
Effective date.
This bill takes effect on July 1, 2024.