Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 436 (2025GS)

Sponsor

Rep. Eliason, Steve

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• requires the State Commission on Criminal and Juvenile Justice (the commission) to include certain DUI crash and arrest data in an annual DUI report;
• requires the Department of Public Safety's Criminal Investigations and Technical Services Division to collect certain DUI crash and arrest data and provide the data to the commission;
• establishes law enforcement agency reporting requirements concerning the collection and reporting of certain DUI crash and arrest data;
• provides that the public safety data portal is the repository for the statutorily required DUI crash and arrest data; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

9
41-6a-511
53-10-118
53-25-104
63A-16-1002
41-6a-511
53-10-118
53-25-104
63A-16-1002
0
Impaired Driving Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: Don L. Ipson
LONG TITLE
General Description:
This bill concerns the collection and reporting of certain DUI information.
Highlighted Provisions:
This bill:
requires the State Commission on Criminal and Juvenile Justice (the commission) to 
include certain DUI crash and arrest data in an annual DUI report;
requires the Department of Public Safety's Criminal Investigations and Technical Services 
Division to collect certain DUI crash and arrest data and provide the data to the 
commission;
establishes law enforcement agency reporting requirements concerning the collection and 
reporting of certain DUI crash and arrest data;
provides that the public safety data portal is the repository for the statutorily required DUI 
crash and arrest data; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-6a-511
, as last amended by Laws of Utah 2011, Chapter 51
63A-16-1002
, as last amended by Laws of Utah 2024, Chapter 467
ENACTS:
53-10-118
, Utah Code Annotated 1953
53-25-104
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
41-6a-511
 is amended to read:
41-6a-511
. Courts to collect and maintain data.
(1)
The state courts shall collect and maintain data necessary to allow sentencing and 
enhancement decisions to be made in accordance with this part.
(2)
(a)
Each justice court shall transmit dispositions electronically to the Department of 
Public Safety in accordance with the requirement for recertification established by 
the Judicial Council.
(b)
Immediately upon filling the requirements under Subsection 
(2)(a)
, a justice court 
shall collect and report the same DUI related data elements collected and maintained 
by the state courts under Subsection 
(1)
.
(3)
The department shall maintain an electronic data base for DUI related records and data 
including the data elements received or collected from the courts under this section.
(4)
(a)
The Commission on Criminal and Juvenile Justice shall prepare an annual report 
of DUI related data including the following:
(i)
the data collected by the courts under Subsections 
(1)
 and 
(2)
;
 and
(ii)
the DUI crash and arrest data collected from law enforcement agencies under 
Section 
53-10-118
 by the Department of Public Safety's Criminal Investigations 
and Technical Services Division; and
(ii)
(iii)
any measures for which data are available to evaluate the profile and 
impacts of DUI recidivism and to evaluate the DUI related processes of:
(A)
law enforcement;
(B)
adjudication;
(C)
sanctions;
(D)
driver license control; and
(E)
alcohol education, assessment, and treatment.
(b)
The report shall be provided in writing to the Judiciary and Transportation Interim 
Committees no later than the last day of October following the end of the fiscal year 
for which the report is prepared.
Section 2, Section 
53-10-118
 is enacted to read:
53-10-118
. Collection of driving under the influence crash and arrest data.
(1)
(a)
The division shall collect from every law enforcement agency the following data 
concerning a crash that appears to be connected with a driving under the influence 
offense:
(i)
whether the impaired driver was injured or killed;
(ii)
whether any other individual was injured or killed;
(iii)
whether there was damage to real or personal property;
(iv)
the following results or findings regarding the impaired driver's impairment:
(A)
blood, breath, or urine alcohol concentration readings; and
(B)
blood, urine, chemical, or similar tests detecting alcohol or other drugs in an 
individual; and
(v)
if applicable, the name of the establishment that provided the alcohol to the 
impaired driver.
(b)
The division shall collect from every law enforcement agency the following data for 
every arrest made for a suspected driving under the influence offense, including those 
that are unrelated to a crash described in Subsection 
(1)
(a):
(i)
the data described in Subsections 
(1)(a)(iv)
 and (v); and
(ii)
if there were any injuries, deaths, or property damage based on the driving under 
the influence incident, a description of the injuries, deaths, or damages.
(c)
In accordance with Section 
53-25-104
, a law enforcement agency shall provide the 
information described in Subsections (1)(a) and (b) in the form and manner requested 
by the division.
(2)
The division shall provide the information collected under Subsection (1) to the 
Commission on Criminal and Juvenile Justice for use in the annual report described in 
Section 
41-6a-511
.
Section 3, Section 
53-25-104
 is enacted to read:
1. Disclosure and General Reporting Requirements
53-25-104
. Driving under the influence reporting requirements.
Beginning on January 1, 2026, a law enforcement agency shall collect and provide to the 
department's Criminal Investigations and Technical Services Division the driving under the 
influence crash and arrest data described in Section 
53-10-118
.
Section 4, Section 
63A-16-1002
 is amended to read:
63A-16-1002
. Public safety portal.
(1)
The commission shall oversee the creation and management of a public safety portal for 
information and data required to be reported to the commission and accessible to all 
criminal justice agencies in the state.
(2)
The division shall assist with the development and management of the public safety 
portal.
(3)
The division, in collaboration with the commission, shall create:
(a)
master standards and formats for information submitted to the public safety portal;
(b)
a gateway, bridge, website, or other method for reporting entities to provide the 
information;
(c)
a master data management index or system to assist in the retrieval of information 
from the public safety portal;
(d)
a protocol for accessing information in the public safety portal that complies with 
state privacy regulations; and
(e)
a protocol for real-time audit capability of all data accessed from the public safety 
portal by participating data source, data use entities, and regulators.
(4)
The public safety portal shall be the repository for the statutorily required data described 
in:
(a)
Section 
13-53-111
, recidivism reporting requirements;
(b)
Section 
17-22-32
, county jail reporting requirements;
(c)
Section 
17-55-201
, Criminal Justice Coordinating Councils reporting;
(d)
Section 
26B-1-427
, Alcohol Abuse Tracking Committee;
(e)
Section 
41-6a-511
, courts to collect and maintain data;
(f)
Section 
53-10-118
, collection of driving under the influence crash and arrest data;
(f)
(g)
Section 
53-25-301
, reporting requirements for reverse-location warrants;
(g)
(h)
Section 
53-25-202
, sexual assault offense reporting requirements for law 
enforcement agencies;
(h)
(i)
Section 
53E-3-516
, school disciplinary and law enforcement action report;
(i)
(j)
Section 
53-25-501
, reporting requirements for seized firearms;
(j)
(k)
Section 
63M-7-214
, law enforcement agency grant reporting;
(k)
(l)
Section 
63M-7-216
, prosecutorial data collection;
(l)
(m)
Section 
63M-7-220
, domestic violence data collection;
(m)
(n)
Section 
64-13-21
, supervision of sentenced offenders placed in community;
(n)
(o)
Section 
64-13-25
, standards for programs;
(o)
(p)
Section 
64-13-45
, department reporting requirements;
(p)
(q)
Section 
64-13e-104
, county correctional facility reimbursement program for 
state probationary inmates and state parole inmates;
(q)
(r)
Section 
77-7-8.5
, use of tactical groups;
(r)
(s)
Section 
77-11b-404
, forfeiture reporting requirements;
(s)
(t)
Section 
77-20-103
, release data requirements;
(t)
(u)
Section 
77-22-2.5
, court orders for criminal investigations;
(u)
(v)
Section 
78A-2-109.5
, court data collection on criminal cases;
(v)
(w)
Section 
80-6-104
, data collection on offenses committed by minors; and
(w)
(x)
any other statutes which require the collection of specific data and the reporting 
of that data to the commission.
(5)
Before October 1, 2025, the commission shall report
all data collected to the Law 
Enforcement and Criminal Justice Interim Committee.
(6)
The commission may:
(a)
enter into contracts with private or governmental entities to assist entities in 
complying with the data reporting requirements of Subsection (4); and
(b)
adopt, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, 
rules to administer this section, including establishing requirements and procedures 
for collecting the data described in Subsection (4).
Section 5. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-6-25 2:20 PM