HB 423 — Hit and Run and DUI Offense Amendments

or (D)- a7 misdemeanor- offenseH.B. described in Subsections 41-6a-501(2)(a)(i) through (x);

423 Enrolled Copy (D) a misdemeanor offense described in Subsections 41-6a-501(2)(a)(i) through (x);

- 8 - HB0423 compared with HB0423S05 (D) a felony offense of driving under the influence, described in Section 41-6a-502;

41-6a-401.3.41-6a-401.3 .

(2)(2)(a) (a) [The ] An operator of a vehicle who has reason to believe that the operator may have been involved in an accident resulting in injury to[ a person ] an individual shall:

(i) immediately stop the vehicle at the scene of the accident or as close to it as possible- without8 obstructing- trafficEnrolled moreCopy thanH.B. is necessary;

423 possible without obstructing traffic more than is necessary;

-[(3)(a) 9 - HB0423 compared with HB0423S05 [(3) (a) Except as provided in Subsection (3)(b), a person who violates the provisions of Subsection (2):] [(i) is guilty of a class A misdemeanor if the accident resulted in injury to any person;

(4)(4)(a) (a) Except as provided in Subsection (4)(b) or (4)(c), a violation of Subsection (2) is a class A misdemeanor if the accident resulted in injury to an individual.

(i)- (A)9 the- accidentH.B. results in serious bodily injury to an individual;

423 Enrolled Copy (i)(A) the accident results in serious bodily injury to an individual;

or - 10 - HB0423 compared with HB0423S05 (iii) the accident results in the death of an individual.

(5)(5)(a) (a) Except as provided in Subsection (5)(b), but notwithstanding any other provision of this section, an enhancement under this section based on one or more prior convictions is not applicable if, no later than six hours after the accident occurred, the operator voluntarily reports the accident to a law enforcement agency having jurisdiction over the location where the accident occurred.

41-6a-401.7.41-6a-401.7 .

(iii)- the10 operator,- occupantEnrolled of,Copy orH.B. person attending the vehicle or other property damaged in the accident;

423 (iii) the operator, occupant of, or person attending the vehicle or other property damaged in the accident;

and - 11 - HB0423 compared with HB0423S05 (c) render to any person injured in the accident reasonable assistance, including transporting or making arrangements for transporting, of the injured person to a physician or hospital for medical treatment if:

Section 541-6a-401.8 is enacted to read:

41-6a-401.8.41-6a-401.8 .

(a)- "24-711 sobriety- program"H.B. means the same as that term is defined in Section 41-6a-515.5.

423 Enrolled Copy (a) "24-7 sobriety program" means the same as that term is defined in Section 41-6a-515.5.

- 12 - HB0423 compared with HB0423S05 (2) As part of a sentence for a conviction of a class A misdemeanor offense described in Subsection 41-6a-401(8)(b) or 41-6a-401.3(4)(a):

(i)(i)(A) (A) subject to Subsection (3), impose a jail sentence of not less than two days;

(iii)(iii)(A) (A) order the individual to pay the administrative impound fee described in Section 41-6a-1406;

and (iv)(iv)(A) (A) order the individual to pay the towing and storage fees described in Section 72-9-603;

(3)(3)(a) (a) If an individual described in Subsection (2) is participating in a 24-7 sobriety program,- the12 court- mayEnrolled suspendCopy theH.B. jail sentence imposed under Subsection (2)(a).

423 program, the court may suspend the jail sentence imposed under Subsection (2)(a).

- 13 - HB0423 compared with HB0423S05 (4) As part of a sentence for a conviction of a third degree felony offense described in Subsection 41-6a-401(8)(c) or 41-6a-401.3(4)(b):

(i)(i)(A) (A) subject to Subsection (5), impose a jail sentence of not less than 10 days;

or (B) impose a jail sentence of not less than five days in addition to home confinement of not fewer than 30 consecutive days through the use of electronic monitoring that includes a substance abuse testing instrument in accordance with Section 41-6a-506;

(v)(v)(A) (A) order the individual to pay the administrative impound fee described in Section 41-6a-1406;

and (vi)(vi)(A) (A) order the individual to pay the towing and storage fees described in Section 72-9-603;

or (iv) order the individual to participate in a 24-7 sobriety program if the individual is 21- years13 old- orH.B. older.

(5)423 -Enrolled 14Copy -21 HB0423years comparedold withor HB0423S05older. (a) If an individual described in Subsection (4) is participating in a 24-7 sobriety program, the court may suspend the jail sentence imposed under Subsection (4)(a) after the individual has served a minimum of:

(5)(a) If an individual described in Subsection (4) is participating in a 24-7 sobriety program, the court may suspend the jail sentence imposed under Subsection (4)(a) after the individual has served a minimum of:

(B) impose a jail sentence of not less than 10 days in addition to home confinement of not fewer than 60 consecutive days through the use of electronic monitoring that includes a substance abuse testing instrument in accordance with Section 41-6a-506;

(v)(v)(A) (A) order the individual to pay the administrative impound fee described in Section 41-6a-1406;

and (vi)(vi)(A) (A) order the individual to pay the towing and storage fees described in Section 72-9-603;

or (B) if the towing and storage fees were paid by a party described in Subsection 41-6a-1406(6)(a),- other14 than- theEnrolled individualCopy sentenced,H.B. order the individual sentenced to reimburse the party;

423 41-6a-1406(6)(a), other than the individual sentenced, order the individual sentenced to reimburse the party;

- 15 - HB0423 compared with HB0423S05 (i) participate in a screening;

(7)(7)(a) (a) If an individual described in Subsection (6) is participating in a 24-7 sobriety program, the court may suspend the jail sentence imposed under Subsection (6)(a) after the individual has served a minimum of:

41-6a-505.41-6a-505 .

(i)(i)(A) (A) impose a jail sentence of not less than five days;

or (B) impose a jail sentence of not less than two days in addition to home confinement of not fewer than 30 consecutive days through the use of electronic monitoring that includes a substance abuse testing instrument in accordance with Section 41-6a-506;

(vi)- order15 probation- forH.B. the individual in accordance with Section 41-6a-507;

-423 16Enrolled -Copy HB0423(vi) comparedorder withprobation HB0423S05for (vii) (A) order the individual toin payaccordance thewith administrative impound fee described in Section 41-6a-1406;41-6a-507;

(vii)(A) order the individual to pay the administrative impound fee described in Section 41-6a-1406;

(viii)(viii)(A) (A) order the individual to pay the towing and storage fees described in Section 72-9-603;

(2)(2)(a) (a) If an individual described in Subsection (1) is participating in a 24-7 sobriety program as defined in Section 41-6a-515.5, the court may suspend the jail sentence imposed under Subsection (1)(a).

(i)- (A)16 impose- aEnrolled jailCopy sentenceH.B. of not less than two days;

or423 -(i)(A) 17impose - HB0423 compared with HB0423S05 (B) require the individual to work in a compensatory-servicejail worksentence programof for not less than 48two hours;days;

or (B) require the individual to work in a compensatory-service work program for not less than 48 hours;

(vi)(vi)(A) (A) order the individual to pay the administrative impound fee described in Section 41-6a-1406;

and (vii)(vii)(A) (A) order the individual to pay the towing and storage fees described in Section 72-9-603;

(4)(4)(a) (a) If an individual described in Subsection (3) is participating in a 24-7 sobriety program as defined in Section 41-6a-515.5, the court may suspend the jail sentence imposed under Subsection (3)(a).

(b) If an individual described in Subsection (4)(a) fails to successfully complete all of the- requirements17 of- theH.B. 24-7 sobriety program, the court shall impose the suspended jail sentence described in Subsection (4)(a).

-423 18Enrolled -Copy HB0423the comparedrequirements with HB0423S05 (5) If an individual has a prior conviction as defined in Section 41-6a-501 that is within 10 years of the current24-7 convictionsobriety underprogram, Section 41-6a-502 or the commissioncourt ofshall theimpose offense upon which the currentsuspended convictionjail amountssentence todescribed extremein DUI:Subsection (4)(a).

(5) If an individual has a prior conviction as defined in Section 41-6a-501 that is within 10 years of the current conviction under Section 41-6a-502 or the commission of the offense upon which the current conviction amounts to extreme DUI:

(i)(i)(A) (A) impose a jail sentence of not less than 20 days;

(B) impose a jail sentence of not less than 10 days in addition to home confinement of not fewer than 60 consecutive days through the use of electronic monitoring that includes a substance abuse testing instrument in accordance with Section 41-6a-506;

(viii)(viii)(A) (A) order the individual to pay the administrative impound fee described in Section 41-6a-1406;

(ix)(ix)(A) (A) order the individual to pay the towing and storage fees described in Section 72-9-603;

and (x)- designate18 the- individualEnrolled asCopy anH.B. interdicted person for a period of time not to exceed the probationary period, unless the court finds good cause to order a shorter or longer time, and require the individual to surrender the individual's driver license or identification card;

and423 -(x) 19designate -the HB0423individual comparedas withan HB0423S05interdicted (b)person for a period of time not to exceed the probationary period, unless the court may:finds good cause to order a shorter or longer time, and require the individual to surrender the individual's driver license or identification card;

and (b) the court may:

(6)(6)(a) (a) If an individual described in Subsection (5) is participating in a 24-7 sobriety program as defined in Section 41-6a-515.5, the court may suspend the jail sentence imposed under Subsection (5)(a) after the individual has served a minimum of:

(i)(i)(A) (A) impose a jail sentence of not less than 10 days;

(vi)- order19 probation- forH.B. the individual in accordance with Section 41-6a-507;

-423 20Enrolled -Copy HB0423(vi) comparedorder withprobation HB0423S05for (vii) (A) order the individual toin payaccordance thewith administrative impound fee described in Section 41-6a-1406;41-6a-507;

(vii)(A) order the individual to pay the administrative impound fee described in Section 41-6a-1406;

and (viii)(viii)(A) (A) order the individual to pay the towing and storage fees described in Section 72-9-603;

(8)(8)(a) (a) If an individual described in Subsection (7) is participating in a 24-7 sobriety program as defined in Section 41-6a-515.5, the court may suspend the jail sentence imposed under Subsection (7)(a) after the individual has served a minimum of:

- 2120 - HB0423Enrolled comparedCopy withH.B. HB0423S05 (c) order home confinement of not fewer than 120 consecutive days through the use of electronic monitoring that includes a substance abuse testing instrument in accordance with Section 41-6a-506;

423 (c) order home confinement of not fewer than 120 consecutive days through the use of electronic monitoring that includes a substance abuse testing instrument in accordance with Section 41-6a-506;

(10)(10)(a) (a) For Subsection (9) or Subsection 41-6a-502(2)(c)(i), the court:

(12)(12)(a)(i) (a) (i) Except as described in Subsection (12)(a)(ii), a court may not suspend the requirements of this section.

- 22 - HB0423 compared with HB0423S05 (c) A court may order a jail sentence imposed as a condition of misdemeanor probation under this section to be served in multiple two-day increments at weekly intervals if the court determines that separate jail increments are necessary to ensure the defendant- can21 serve- theH.B. statutorily required jail term and maintain employment.

423 Enrolled Copy defendant can serve the statutorily required jail term and maintain employment.

41-6a-507.41-6a-507 .

(2)(2)(a) (a) Subject to Subsection (2)(b), the court shall provide the probation described in this section by contract with a probation monitoring agency or a private probation provider.

(b) If a court determines that a person is subject to supervised probation provided by the Division of Adult Probation and Parole created in Section 64-14-202 for an offense other than the offense for - 23 - HB0423 compared with HB0423S05 which probation is ordered under Section 41-6a-505 or 41-6a-517, the court may order supervised probation to be provided by the Division of Adult Probation and Parole.

(3) The probation provider described in Subsection (2) shall monitor the person's compliance- with22 all- conditionsEnrolled ofCopy theH.B. person's sentence, conditions of probation, and court orders received under this part and shall notify the court of any failure to comply with or complete that sentence or those conditions or orders.

(4)423 (a)compliance Thewith courtall mayconditions waiveof allthe orperson's partsentence, conditions of theprobation, costsand associatedcourt withorders probationreceived ifunder this part and shall notify the personcourt isof determinedany failure to becomply indigentwith byor thecomplete court.that sentence or those conditions or orders.

(4)(a) The court may waive all or part of the costs associated with probation if the person is determined to be indigent by the court.

41-6a-521.41-6a-521 .

(1)(1)(a) (a) [A person] An individual who has been notified of the Driver License Division's intention to revoke the [person's] individual's license under Section 41-6a-520 is entitled to a hearing.

(b) [A request for the hearing shall be made ] An individual shall request to be heard in writing within 10 calendar days after the day on which [notice is provided] a peace officer provides notice.

- 24 - HB0423 compared with HB0423S05 (III) conviction for an offense under Section 76-5-102.1;

or (ii)- for23 [a- person]H.B. an individual under 21 years old on the date of arrest:

423 Enrolled Copy (ii) for [a person] an individual under 21 years old on the date of arrest:

(2)(2)(a) (a) Except as provided in Subsection (2)(b), [if a hearing is requested by the person] if an individual requests a hearing, the [hearing shall be conducted by the ]Driver License Division shall hold the hearing in:

(4)(4)(a) (a) In connection with the hearing, the [division] Driver License Division or [its] the Driver License Division's authorized agent:

- 25 - HB0423 compared with HB0423S05 (i) may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant [books and papers] documents;

(5)- (a)24 If- afterEnrolled aCopy hearing,H.B. the Driver License Division determines that the [person] individual was requested to submit to a chemical test or tests and refused to submit to the test or tests, or if the [person] individual fails to appear before the Driver License Division as required in the notice, the Driver License Division shall revoke the [person's] individual's license or permit to operate a motor vehicle in Utah beginning on the date the hearing is held:

423 (5)(a) If after a hearing, the Driver License Division determines that the [person] individual was requested to submit to a chemical test or tests and refused to submit to the test or tests, or if the [person] individual fails to appear before the Driver License Division as required in the notice, the Driver License Division shall revoke the [ person's] individual's license or permit to operate a motor vehicle in Utah beginning on the date the hearing is held:

- 26 - HB0423 compared with HB0423S05 (b) The Driver License Division shall also assess against the person, in addition to any fee imposed under Subsection 53-3-205(12), a fee under Section 53-3-105, which shall- be25 paid- beforeH.B. the person's driving privilege is reinstated, to cover administrative costs.

(c)423 TheEnrolled [feeCopy shall be cancelled]paid Driverbefore License Division shall void the feeperson's describeddriving inprivilege Subsectionis (5)reinstated, (b)to ifcover theadministrative [person]costs. individual obtains an unappealed court decision following a proceeding allowed under Subsection (2) that the revocation was improper.

(6)(c) (a)The [Any[fee personshall ]be Ancancelled] individual whose license has been revoked by the Driver License Division undershall thisvoid sectionthe followingfee andescribed administrativein hearingSubsection may(5)(b) [seekif judicialthe review][person] fileindividual aobtains petitionan forunappealed judicialcourt reviewdecision asfollowing describeda inproceeding Sectionallowed 53-3-224under withinSubsection 30(2) daysthat after the Driverrevocation Licensewas Divisionimproper. issues a suspension order.

(6)(a) [Any person ] An individual whose license has been revoked by the Driver License Division under this section following an administrative hearing may [seek judicial review] file a petition for judicial review as described in Section 53-3-224 within 30 days after the Driver License Division issues a suspension order.

(a) has a valid driving privilege, with the exception of the revocation under Subsection (1)(d)(i)(A), (1)(1)(d)(ii)(A), (d)(ii)(A), (5)(a)(i)(A), or (5)(a)(ii)(A);

(8)(8)(a) (a) [A person ] An individual who elects to become an ignition interlock restricted driver under Subsection (7) shall remain an ignition interlock restricted driver for a period of [three] two years.

(b) If the [person] individual described under Subsection (8)(a) removes an ignition interlock device from a vehicle owned or driven by the [person] individual prior to the expiration of the [three-[three-year] year] two-year ignition interlock restriction period and does not install a new ignition interlock device from the same or a different ignition interlock provider within 24 hours:

- 27 - HB0423 compared with HB0423S05 (i) the [person's] individual's driving privilege shall be revoked under Subsection (1)(d)(i)(A),- (1)(d)26 (ii)(A),- (5)(a)(i)(A),Enrolled orCopy (5)(a)(ii)(A)H.B. for a period of 18 months from the date the ignition interlock device was removed from the vehicle;

423 (1)(d)(i)(A), (1)(d)(ii)(A), (5)(a)(i)(A), or (5)(a)(ii)(A) for a period of 18 months from the date the ignition interlock device was removed from the vehicle;

(9)(9)(a) (a) Notwithstanding the provisions in Subsection (1)(d)(i)(A) or (5)(a)(i)(A), the division shall reinstate [a person's] an individual's driving privilege before completion of the revocation period imposed under Subsection (1)(d)(i)(A) or (5)(a)(i)(A) if:

(ii) the [person] individual has served at least 90 days of the revocation under Subsection (1)(d)(i)(1)(d)(i)(A) (A) or (5)(a)(i)(A);

and - 28 - HB0423 compared with HB0423S05 (ii) may not subtract any days from the 18-month revocation period for:

(A)- days27 during- whichH.B. the [person's] individual's driving privilege previously was revoked;

423 Enrolled Copy (A) days during which the [person's] individual's driving privilege previously was revoked;

Section 941-6a-532 is enacted to read:

41-6a-532.41-6a-532 .

53-3-105.53-3-105 .

(11)- A28 renewal- ofEnrolled aCopy taxicabH.B. endorsement under Section 53-3-214 is $14.

423 (11) A renewal of a taxicab endorsement under Section 53-3-214 is $14.

- 29 - HB0423 compared with HB0423S05 (13) An extension of a class D license under Section 53-3-214 is $42 unless Subsection (17) applies.

(23)(23)(a) (a) A retake of a CDL knowledge test provided for in Section 53-3-205 is $26.

(26)(26)(a) (a) A license reinstatement application under Section 53-3-205 is $40.

(27)(27)(a)(i) (a) (i) An administrative fee for license reinstatement after an alcohol, drug, or combination of alcohol and any drug-related offense under Section 41-6a-520, 53-3-223, or 53-3-231 or an alcohol, drug, or combination of alcohol and any drug-related offense under Part 4, Uniform Commercial Driver License Act, is [$255][ $255] $262.

- 3029 - HB0423H.B. compared with HB0423S05 (ii) Seven dollars of the fee described in Subsection (27)(a)(i) shall be deposited into the General Fund.

423 Enrolled Copy (ii) Seven dollars of the fee described in Subsection (27)(a)(i) shall be deposited into the General Fund.

(28)(28)(a) (a) An administrative fee for providing the driving record of a driver under Section 53-3-104 or 53-3-420 is $8.

(30)(30)(a) (a) Except as provided under Subsections (30)(b) and (c), an identification card application under Section 53-3-808 is $23.

(i)(i)(A) (A) has not been issued a Utah driver license;

or - 31 - HB0423 compared with HB0423S05 (B) was in the custody of the Division of Child and Family Services but is no longer in the custody of the Division of Child and Family Services due to the individual's age.

(31)(31)(a) (a) An extension of a regular identification card under Subsection 53-3-807(4) for a person with a disability, as defined in 42 U.S.C.

(b)- The30 fee- describedEnrolled inCopy SubsectionH.B. (31)(a) is waived if the applicant submits written verification that the individual is homeless, as defined in Section 26B-3-207, or a person who is homeless, as defined in Section 35A-5-302, or a child or youth who is homeless, as defined in 42 U.S.C.

423 (b) The fee described in Subsection (31)(a) is waived if the applicant submits written verification that the individual is homeless, as defined in Section 26B-3-207, or a person who is homeless, as defined in Section 35A-5-302, or a child or youth who is homeless, as defined in 42 U.S.C.

(32)(32)(a) (a) An extension of a regular identification card under Subsection 53-3-807(5) is $23.

(33) In addition to any license application fees collected under this chapter, the division shall impose on individuals submitting fingerprints in accordance with Section 53-3-205.5 the fees that the - 32 - HB0423 compared with HB0423S05 Bureau of Criminal Identification is authorized to collect for the services the Bureau of Criminal Identification provides under Section 53-3-205.5.

(39) A fee may not be charged for an original class D license application, original provisional license application for a class D license, or a learner permit application if the individual- applying31 is:- H.B.

423 Enrolled Copy individual applying is:

53-3-223.53-3-223 .

(1)(1)(a) (a) If a peace officer has reasonable grounds to believe that an individual may be violating or has violated Section 41-6a-502, 41-6a-517, 76-5-102.1, or 76-5-207, the peace officer may, [in connection with ] when arresting the individual, request that the individual submit to a chemical test or tests to be administered in compliance with [the[ the standards under ]Section 41-6a-520.

and - 33 - HB0423 compared with HB0423S05 (b) the existence of a blood alcohol content sufficient to render the individual incapable of safely driving a motor vehicle may[,] result in suspension or revocation of the individual's [license to drive a motor vehicle] driver license.

(4) When a peace officer gives notice on behalf of the division, the peace officer shall supply- to32 the- driver,Enrolled {[inCopy aH.B. manner {]} as }specified by the division, [basic ]information regarding how to obtain a prompt hearing before the division.

(5)423 {[Assupply ato matterthe ofdriver, procedure,in a{]}a A}manner peacespecified officerby shall send to the divisiondivision, within[basic 10]information calendarregarding dayshow afterto theobtain daya onprompt whichhearing [noticebefore is provided] the peacedivision. officer provides notice:

(5) As a matter of procedure, a peace officer shall send to the division within 10 calendar days after the day on which [notice is provided] the peace officer provides notice:

(b) a signed report {[inin a manner {]}specified as }specified by the division [indicating ] showing the chemical test results, if any;

(6)(6)(a)(i) (a)Upon (i) {[Upon request }byby an individual, {inin a manner specified by the division, {]} As specified by the division and upon request by an individual, }the division shall grant to {[thethe {]}individual an }individual an opportunity to be heard within [29] 45 days after the date of arrest.

(b)(b)(i) (i) Except as provided in Subsection (6)(b)(ii), [a hearing, if held, shall be before the division] if the division holds a hearing, the division shall hold the hearing in:

or - 34 - HB0423 compared with HB0423S05 (B) a county that is adjacent to the county in which the arrest occurred.

(d)(d)(i) (i) In connection with a hearing, the division or [its ] the division's authorized agent:

(A) may administer {[oathsoaths {]}and an oath }and may issue {[subpoenassubpoenas {]}for a subpoena }for the attendance of {[witnesseswitnesses {]}and a witness }and the production of relevant [books and papers] documents;

[or] and {[(B)(B) may issue subpoenas for the attendance of necessary peace officers.]}officers. {(B) may request a peace officer's attendance if, after reviewing the documents described in Subsection (5), the division or authorized agent determines that there is not enough information to decide the status of the individual's driving privilege and a peace officer's presence is necessary.} (ii) The division shall pay witness fees and mileage from the Transportation Fund in accordance with the rates established in Section 78B-1-119.

{(iii)(ii) The division mayshall notpay dismisswitness afees hearingand ormileage failfrom to act at a hearing due to a peace officer's failure to appear unless:} {(A) the documentsTransportation describedFund in Subsectionaccordance (5)with are reviewed;} {(B) the division,rates orestablished thein division'sSection representative,78B-1-119. determines that the peace officer's presence is necessary;} {(C) the division has requested the peace officer's attendance;

and}- {(D)33 the- peaceH.B. officer fails to appear for the hearing.} (e) The division may designate one or more employees to conduct the hearing.

423 Enrolled Copy (e) The division may designate one or more employees to conduct the hearing.

(7)(7)(a) - 35 - HB0423 compared with HB0423S05 (a) If, after a hearing, the division determines that a peace officer had reasonable grounds to believe that the individual was driving a motor vehicle in violation of Section 41-6a-502, 41-6a-517, 76-5-102.1, or 76-5-207, if the individual failed to appear before the division as required in the notice, or if a hearing is not requested under this section, the division shall:

(b)(b)(i) (i) Notwithstanding [the provisions in ]Subsection (7)(a)(i)(A), the division shall reinstate an individual's license [prior to] before completion of the 120 day suspension- period34 imposed- underEnrolled SubsectionCopy (7)(a)(i)(A):H.B.

423 suspension period imposed under Subsection (7)(a)(i)(A):

or (B) no sooner than 60 days beginning on the [45th] 60th day after the date of arrest upon receiving written verification of the individual's reduction of a charge for a violation of Section - 36 - HB0423 compared with HB0423S05 41-6a-502, 41-6a-517, 76-5-102.1, or 76-5-207, if the written verification is received [prior to] before completion of the suspension period.

[(v) A driver license reinstatement authorized under this Subsection (7)(b) does not apply to a CDL disqualification imposed under Section 53-3-414.] (8)(8)(a)(i) (a) (i) The division shall assess against an individual, in addition to [any ] a fee imposed under Subsection 53-3-205(12) for driving under the influence, a fee under Section 53-3-105 to cover administrative costs, which shall be paid before the individual's driving privilege is reinstated.

(ii) [This fee shall be cancelled ] The division shall void the fee described in Subsection (8)(a)(i) if the individual obtains an unappealed division hearing or court- decision35 that- theH.B. suspension was [not proper] improper.

(b)423 AnEnrolled individualCopy whosecourt licensedecision hasthat been suspended by the divisionsuspension underwas this[not sectionproper] followingimproper. an administrative hearing may file a petition for judicial review as described in Subsection 53-3-224 within 30 days after the division issues an order of suspension[ for a hearing on the matter{.} {(c)} [} which, if held, {] If the division holds a hearing in connection with Subsection (8)(b), the hearing }is governed by Section 53-3-224].

(9)(b) -An 37individual -whose HB0423license comparedhas withbeen HB0423S05suspended (a)by Notwithstandingthe [thedivision provisionsunder this section following an administrative hearing may file a petition for judicial review as described in ]SubsectionSubsection (7)(a)(i),53-3-224 within 30 days after the division shallissues reinstate an individual'sorder licenseof beforesuspension[ completionfor ofa hearing on the suspensionmatter periodwhich, imposedif underheld, Subsectionis (7)(a)(i)governed if:by Section 53-3-224].

(i)(9)(a) (A)Notwithstanding the[the reportingprovisions courtin notifies]Subsection (7)(a)(i), the [Driver License Division ] division thatshall thereinstate individualan isindividual's participatinglicense inbefore orcompletion hasof successfullythe completedsuspension aperiod 24-7imposed sobrietyunder programSubsection as(7)(a)(i) definedif: in Section 41-6a-515.5;

(i)(A) the reporting court notifies the [Driver License Division ] division that the individual is participating in or has successfully completed a 24-7 sobriety program as defined in Section 41-6a-515.5;

(10)(10)(a) (a) If the division suspends an individual's license for an alcohol related offense under Subsection (7)(a)(7)(a)(i)(A), (i)(A), the individual may petition the division and elect to become an ignition interlock restricted driver if the individual:

(ii) installs an ignition interlock device in {[anyany {]}vehicle a }vehicle owned or driven by the individual in accordance with Section 53-3-1007;

(b)(b)(i) (i) The individual shall remain an ignition interlock restricted driver for a period of 120 days from the original effective date of the suspension under Subsection (7)(a)(i)(A).- 36 - Enrolled Copy H.B.

423 (7)(a)(i)(A).

- 38 - HB0423 compared with HB0423S05 (A) the division shall suspend the individual's driver license [shall be suspended under ] as described in Subsection (7)(a)(i)(A) for the remainder of the 120-day ignition interlock restriction period;

(11)(11)(a) (a) If the division suspends an individual's license for an alcohol related offense under Subsection (7)(a)(7)(a)(i)(B), (i)(B), the individual may petition the division and elect to become an ignition interlock restricted driver after the driver serves at least 90 days of the suspension if the individual:

(iii) installs an ignition interlock device in {[anyany {]}vehicle a }vehicle owned or driven by the individual in accordance with Section 53-3-1007;

(b)(b)(i) (i) The individual shall remain an ignition interlock restricted driver for a period of two years from the original effective date of the suspension under Subsection (7)(a)(i)(B).

(A) the division shall suspend the individual's driver license [shall be suspended under ] as described in Subsection (7)(a)(i)(B) for the remainder of the two-year ignition- interlock37 restriction- period;H.B.

423 Enrolled Copy ignition interlock restriction period;

(c) Notwithstanding Subsections (11)(a) and (b), if a court convicts the individual [is subsequently convicted ]of the violation of Section 41-6a-502 that [gave rise to ] prompted the suspension - 39 - HB0423 compared with HB0423S05 under Subsection (7)(a)(i)(B), the division shall revoke the individual's license under Subsection 41-6a-509(1)(a)(ii), and the individual is no longer an ignition interlock restricted driver under this Subsection (11).

(12)(12)(a) (a) Notwithstanding [the provisions in ]Subsection (7)(a)(i)(B), the division shall reinstate an individual's license [prior to] before completion of the two-year suspension period imposed under Subsection (7)(a)(i)(B) immediately upon receiving written verification of the individual's dismissal of a charge for a violation of Section 41-6a-502, 41-6a-517, 76-5-102.1, or 76-5-207, if the written verification is received [prior[ prior to] before completion of the suspension period.

53-3-231.53-3-231 .

(1)(1)(a) (a) As used in this section:

(ii) "Substance abuse program" means [any] a substance abuse program licensed by the- Department38 of- HumanEnrolled ServicesCopy orH.B. the Department of Health and approved by the local substance abuse authority.

423 the Department of Human Services or the Department of Health and approved by the local substance abuse authority.

(2)(2)(a) - 40 - HB0423 compared with HB0423S05 (a) [A person ] An individual younger than 21 [years of age] years old may not operate or be in actual physical control of a vehicle or motorboat with any measurable blood, breath, or urine alcohol concentration in the [person's] individual's body as shown by a chemical test.

(3)(3)(a) (a) When a peace officer has reasonable grounds to believe that [a person] an individual may be violating or has violated Subsection (2), the peace officer may, [in connection with] when arresting the [person] individual for a violation of Section 32B-4-409, request that the [person] individual submit to a chemical test or tests to be administered in compliance with [the standards under ]Section 41-6a-520.

(b) a signed report in a manner specified by the [Driver License Division indicating] division- showing39 the- chemicalH.B. test results, if any;

and423 -Enrolled 41Copy -division HB0423showing compared with HB0423S05 (c) any other basis for a peace officer's determination that the [person]chemical individualtest hasresults, violatedif Subsectionany; (2).

(6)and (a)(c) (i)any Uponother requestbasis byfor an individual, in a mannerpeace specifiedofficer's bydetermination thethat division, the [Driver License Division] division shall grant to the [person] individual anhas opportunityviolated toSubsection be(2). heard within [29] 45 days after the date of arrest under Section 32B-4-409.

(ii)(6)(a)(i) TheUpon [requestrequest shallby bean made]individual, individualin shalla requestmanner aspecified hearingby describedthe indivision, Subsectionthe (6)(a)[ (i)Driver withinLicense 10Division] calendardivision daysshall [of]grant afterto the day[person] onindividual whichan [noticeopportunity isto provided]be heard within [29] 45 days after the peacedate officerof providesarrest notice.under Section 32B-4-409.

(b)(ii) (i)The Except[request asshall providedbe inmade] Subsectionindividual (6)(b)(ii),shall [arequest hearing,a ifhearing held,described shallin beSubsection before(6)(a)(i) thewithin division10 in]calendar ifdays the[of] divisionafter holdsthe aday hearing,on thewhich division[notice shallis holdprovided] the hearingpeace in:officer provides notice.

(b)(i) Except as provided in Subsection (6)(b)(ii), [a hearing, if held, shall be before the division in] if the division holds a hearing, the division shall hold the hearing in:

- 42 - HB0423 compared with HB0423S05 (7) If, after a hearing, the division determines that a peace officer had reasonable grounds to believe- that40 the- [person]Enrolled individualCopy wasH.B. driving a motor vehicle in violation of Subsection (2)(a), if the [person] individual fails to appear before the division as required in the notice, or if the [person] individual does not request a hearing under this section, the division shall for [a person] an individual under 21 years [of age] old on the date of arrest:

(a)423 denybelieve that the [person's][person] individual'sindividual licensewas untildriving a motor vehicle in violation of Subsection (2)(a), if the [person] individual compliesfails withto Subsectionappear (10)before (b)(i)the butdivision foras arequired periodin ofthe notnotice, lessor thanif sixthe months[person] beginningindividual ondoes thenot [45th]request 60tha dayhearing afterunder thethis datesection, ofthe arrestdivision shall for a[a firstperson] offensean individual under Subsection21 (2)(a);years [of age] old on the date of arrest:

(a) deny the [person's] individual's license until the [person] individual complies with Subsection (10)(b)(i) but for a period of not less than six months beginning on the [ 45th] 60th day after the date of arrest for a first offense under Subsection (2)(a);

(c) deny the [person's] individual's application for a license or learner's permit until the [person][ person] individual complies with Subsection (10)(b)(i) but for a period of not less than six months beginning on the [45th] 60th day after the date of the arrest, if:

and (d) deny the [person's] individual's application for a license or learner's permit until the [person][ person] individual complies with Subsection (10)(b)(i) and until the [person] individual is 21 years [of age] old or for a period of two years, whichever is longer, beginning on the [45th] 60th day after the date of the arrest, if:

(8)(8)(a)(i) (a) (i) Following denial or suspension the division shall assess against [a person] an individual, in addition to any fee imposed under Subsection 53-3-205(12), a fee under Section 53-3-105, which shall be paid before the person's driving privilege is reinstated, to cover administrative costs.

- 43 - HB0423 compared with HB0423S05 (ii) [This fee shall be canceled ] The division shall void the fee described in Subsection (8)(a)(i) if the [person] individual obtains an unappealed division hearing or court decision that the suspension was [not proper] improper.

(b) [A person ] An individual whose operator license has been denied, suspended, or postponed by the division under this section following an administrative hearing may file- a41 petition- forH.B. judicial review as described in Section 53-3-224 within 30 days after the day on which the division issues a suspension [for a hearing on the matter which, if held, is governed by Section 53-3-224.] order.

423 Enrolled Copy file a petition for judicial review as described in Section 53-3-224 within 30 days after the day on which the division issues a suspension [for a hearing on the matter which, if held, is governed by Section 53-3-224.] order.

(10)(10)(a) (a) In addition to the penalties in Subsection (8), [a person] an individual who violates Subsection (2)(a) shall:

(b)(b)(i) (i) Reinstatement of the [person's] individual's operator license or the right to obtain an operator license within five years of the effective date of the license sanction under Subsection (7) is contingent upon successful completion of the action recommended by the local substance abuse authority or the substance abuse program.

- 44 - HB0423 compared with HB0423S05 (c) At the conclusion of the penalty period imposed under Subsection (2), the local substance abuse authority or the substance abuse program shall notify the division of the [person's] individual's status regarding completion of the recommended action.

(ii)- making42 appropriate- recommendationsEnrolled forCopy action;H.B.

423 (ii) making appropriate recommendations for action;

(e)(e)(i) (i) The local substance abuse authority is responsible for the cost of the assessment of the [person's] individual's alcohol abuse, if the assessment is conducted by the local substance abuse authority.

(iii)(iii)(A) (A) The [person] individual who violated Subsection (2)(a) is responsible for all costs and fees associated with the recommended program to which the [person][ person] individual selected or is referred.

53-3-414.53-3-414 .

(1)(1)(a) (a) An individual who holds or is required to hold a CDL is disqualified from driving a commercial motor vehicle for a period of not less than one year effective seven days from the date of notice to the driver if convicted of a first offense of:

- 45 - HB0423 compared with HB0423S05 (ii) driving a commercial motor vehicle while the concentration of alcohol in the individual's blood, breath, or urine is .04 grams or more;

or] [(B)- death43 in- accordanceH.B. with Section 41-6a-401.5;] (v) using a motor vehicle in the commission of a felony;

423 Enrolled Copy [(B) death in accordance with Section 41-6a-401.5;] (v) using a motor vehicle in the commission of a felony;

(3)(3)(a) (a) Except as provided under Subsection (4), a driver of a motor vehicle who holds or is required to hold a CDL is disqualified for life from driving a commercial motor vehicle if convicted of or administrative action is taken for two or more of any of the offenses under Subsection (1) or (14) arising from two or more separate incidents.

- 46 - HB0423 compared with HB0423S05 (c) Subsection (3)(a) applies only to those offenses committed after July 1, 1989.

(4)(4)(a) (a) Any driver disqualified for life from driving a commercial motor vehicle under this section may apply to the division for reinstatement of the driver's CDL if the driver:

(ii)- has44 served- aEnrolled minimumCopy disqualificationH.B. period of 10 years;

423 (ii) has served a minimum disqualification period of 10 years;

(6)(6)(a) (a) Subject to Subsection (6)(b), a driver of a commercial motor vehicle who holds or is required to hold a CDL is disqualified for not less than:

- 47 - HB0423 compared with HB0423S05 (c) If a driver of a commercial motor vehicle who holds or is required to hold a CDL is disqualified from driving a commercial motor vehicle and the division receives notice of a subsequent conviction for a serious traffic violation that results in an additional disqualification period under this Subsection (6), the subsequent disqualification period is effective beginning on the ending date of the current serious traffic violation disqualification period.

(7)(7)(a) (a) A driver of a commercial motor vehicle who is convicted of violating an out-of-service order while driving a commercial motor vehicle is disqualified from driving a commercial motor vehicle for a period not less than:

(ii) two years if, during any 10 year period, the driver is convicted of two violations of out-of-out-of-service service orders in separate incidents;

(iii)- three45 years- butH.B. not more than five years if, during any 10 year period, the driver is convicted of three or more violations of out-of-service orders in separate incidents;

(iv)423 180Enrolled daysCopy (iii) three years but not more than twofive years ifif, during any 10 year period, the driver is convicted of athree first violation of an out-of- service order while transporting hazardous materials required to be placarded or whilemore operatingviolations aof motorout-of-service vehicleorders designedin toseparate transportincidents; 16 or more passengers, including the driver;

(iv) 180 days but not more than two years if the driver is convicted of a first violation of an out-of-service order while transporting hazardous materials required to be placarded or while operating a motor vehicle designed to transport 16 or more passengers, including the driver;

- 48 - HB0423 compared with HB0423S05 (9) A driver of a commercial motor vehicle who is convicted of violating a railroad-highway grade crossing provision under Section 41-6a-1205, while driving a commercial motor vehicle is disqualified from driving a commercial motor vehicle for a period not less than:

(10)(10)(a) (a) The division shall update its records and notify the CDLIS within 10 days of suspending, revoking, disqualifying, denying, or cancelling a CDL to reflect the action taken.

(b) When the division suspends, revokes, cancels, or disqualifies a nonresident CDL, the division- shall46 notify- theEnrolled licensingCopy authorityH.B. of the issuing state or other jurisdiction and the CDLIS within 10 days after the action is taken.

423 division shall notify the licensing authority of the issuing state or other jurisdiction and the CDLIS within 10 days after the action is taken.

(11)(11)(a) (a) The division may immediately suspend or disqualify the CDL of a driver without a hearing or receiving a record of the driver's conviction when the division has reason to believe that the:

(12)(12)(a) (a) Subject to Subsection (12)(b), a driver of a motor vehicle who holds or is required to hold a CDL is disqualified for not less than:

- 49 - HB0423 compared with HB0423S05 (i) 60 days from driving a commercial motor vehicle if the driver is convicted of two serious traffic violations;

(13)(13)(a) (a) Upon receiving a notice that an individual has entered into a plea of guilty or no contest- to47 a- violationH.B. of a disqualifying offense described in this section which plea is held in abeyance pursuant to a plea in abeyance agreement, the division shall disqualify, suspend, cancel, or revoke the individual's CDL for the period required under this section for a conviction of that disqualifying offense, even if the charge has been subsequently reduced or dismissed in accordance with the plea in abeyance agreement.

423 Enrolled Copy contest to a violation of a disqualifying offense described in this section which plea is held in abeyance pursuant to a plea in abeyance agreement, the division shall disqualify, suspend, cancel, or revoke the individual's CDL for the period required under this section for a conviction of that disqualifying offense, even if the charge has been subsequently reduced or dismissed in accordance with the plea in abeyance agreement.

- 50 - HB0423 compared with HB0423S05 (15) The division may concurrently impose any disqualification periods that arise under this section while a driver is disqualified by the Secretary of the United States Department of Transportation under 49 C.F.R.

53-3-418.53-3-418 .

(2)- [A48 person- ]Enrolled AnCopy individualH.B. who holds or is required to hold a CDL and who drives a commercial motor vehicle in this state is considered to have given the [person's] individual's consent to a test or tests of the [person's] individual's blood, breath, or urine to determine the concentration of alcohol or the presence of other drugs in the [person's] individual's physical system.

423 (2) [A person ] An individual who holds or is required to hold a CDL and who drives a commercial motor vehicle in this state is considered to have given the [person's] individual's consent to a test or tests of the [person's] individual's blood, breath, or urine to determine the concentration of alcohol or the presence of other drugs in the [person's] individual's physical system.

(4) When a peace officer or port-of-entry agent requests [a person] an individual to submit to a test under this section, the peace officer or port-of-entry agent shall advise the [person][ person] individual that test results [indicating] showing a violation of Subsection (1) or refusal to submit to [any] a test requested will result in the [person's] individual's disqualification under Section 53-3-414 from driving a commercial motor vehicle.

(5) If test results under this section [indicate] show a violation of Subsection (1) or the [person][ person] individual refuses to submit to [any] a test requested under this section, a peace officer or port-of-entry agent shall, on behalf of the division and within 24 hours of the arrest, give the - 51 - HB0423 compared with HB0423S05 [person] individual notice of the division's intention to disqualify the [person's][ person's] individual's privilege to drive a commercial motor vehicle.

(8)(8)(a) (a) [A person ] An individual disqualified under this section has the right to a hearing regarding the disqualification.

(9)- (a)49 (i)- ExceptH.B. as provided in Subsection (9)(a)(ii), a hearing held under this section shall be held before the division and in:

423 Enrolled Copy (9)(a)(i) Except as provided in Subsection (9)(a)(ii), a hearing held under this section shall be held before the division and in:

- 52 - HB0423 compared with HB0423S05 (i) administer oaths and [may ]issue subpoenas for the attendance of witnesses and the production of relevant [books and ]documents[.] ;

(10)(10)[(a)] [(a)] If the division disqualifies [a person] an individual's commercial driving privilege under this section following an administrative hearing, the [person] individual may petition for [a hearing under] judicial review as described in Section 53-3-224 within 30 days after the day on which the division issues a disqualification order.

[(b) The petition shall be filed within 30 days after the division issues the disqualification.] (11)- (a)50 [A- personEnrolled ]Copy AnH.B. individual who violates this section shall be punished in accordance with Section 53-3-414.

(b)423 (i)(11)(a) In[A accordanceperson with] SectionAn 53-3-414,individual thewho firstviolates disqualification under this section shall be forpunished onein year,accordance andwith aSection second53-3-414. disqualification shall be for life.

(b)(i) In accordance with Section 53-3-414, the first disqualification under this section shall be for one year, and a second disqualification shall be for life.

(12)(12)(a) (a) In addition to the fees imposed under Section 53-3-205 for reinstatement of a CDL, a fee under Section 53-3-105 to cover administrative costs shall be paid before the driving privilege is reinstated.

- 53 - HB0423 compared with HB0423S05 (b) [The fees under Sections 53-3-105 and 53-3-205 shall be canceled ] The division shall void the fees described in Subsection (12)(a) if an unappealed hearing at the division or court level determines the disqualification was [not proper] improper.

53-10-403.53-10-403 .

(i)(i)(A) (A) who is adjudicated by the juvenile court for an offense described in Subsection (2) that is within the jurisdiction of the juvenile court on or after July 1, 2002;

or (B)- who51 is- adjudicatedH.B. by the juvenile court for an offense described in Subsection (2) and is in the legal custody of the Division of Juvenile Justice and Youth Services for the offense on or after July 1, 2002;

423 Enrolled Copy (B) who is adjudicated by the juvenile court for an offense described in Subsection (2) and is in the legal custody of the Division of Juvenile Justice and Youth Services for the offense on or after July 1, 2002;

- 54 - HB0423 compared with HB0423S05 (i) for which the court enters a judgment for conviction to a lower degree of offense under Section 76-3-402;

or (c)(c)(i) (i) any violent felony as defined in Section 53-10-403.5;

(xv) a felony violation of threatened or attempted assault on an elected official, Section- 76-8-313;52 - Enrolled Copy H.B.

423 Section 76-8-313;

- 55 - HB0423 compared with HB0423S05 (xviii) aggravated assault with intent to impede, intimidate, interfere, or retaliate against a judge or a member of the Board of Pardons and Parole or acting against a family member of a judge or a member of the Board of Pardons and Parole, Section 76-8-316.4;

or (xxxii)- violation53 of- conditionH.B. for release after arrest under Section 78B-7-802.

423 Enrolled Copy (xxxii) violation of condition for release after arrest under Section 78B-7-802.

This Bill Repeals:

Effective date.

This bill takes effect on {May 6, } July 1, 2026.

3-4-26 7:20 PM - 5654 -