HB 59

Enrolled Copy  H.B. 59
1Identification Verification Amendments
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Steve Eliason
  Senate Sponsor: Evan J. Vickers
 Cosponsor:  Jill Koford
 Tiara Auxier
2
3  LONG TITLE
4  General Description:
5      This bill amends provisions relating to identification verification.
6  Highlighted Provisions:
7      This bill:
8      ▸ provides that an authorized person shall verify proof of age for an individual who appears
9  to be 35 years old or younger before the individual procures an alcoholic product at a
10  restaurant;
11      ▸ provides that an off-premise beer retailer, a state store, or a package agency shall request
12  proof of age from each patron;
13      ▸ requires that an off-premise beer retailer, a state store, or a package agency verify that an
14  individual is not an interdicted person if the individual provides a Utah driver license as
15  a proof of age;
16      ▸ provides that an authorized person shall verify proof of age for each individual before the
17  individual gains admittance to a bar or tavern or purchases beer from an off-premise
18  beer retailer;
19      ▸ authorizes an authorized person to temporarily confiscate a proof of age the authorized
20  person determines is fake;
21      ▸ provides that when a court designates an individual as an interdicted person, the court
22  may require the individual to surrender the individual's Utah driver license or Utah
23  identification card;
24      ▸ provides that an individual who voluntarily applies for a driver license or an identification
25  card with an interdicted person qualifier is not required to pay an administrative fee
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26   imposed by the Driver License Division;
27      ▸ provides a coordination clause between this bill and H.B. 597, Alcohol Amendments; and
28      ▸ makes technical changes.
29   Money Appropriated in this Bill:
30      None
31   Other Special Clauses:
32      This bill provides a special effective date.
33      This bill provides retrospective operation.
34      This bill provides a coordination clause.
35   Utah Code Sections Affected:
36   AMENDS:
37      32B-1-407 (Effective upon governor's approval) (Applies beginning 01/01/26), as last
38      amended by Laws of Utah 2025, Chapter 471
39      32B-2-503 (Effective upon governor's approval), as last amended by Laws of Utah 2024,
40      Chapter 94
41      32B-2-605 (Effective upon governor's approval), as last amended by Laws of Utah 2024,
42      Chapter 94
43      32B-4-405 (Effective upon governor's approval) (Applies beginning 01/01/26), as last
44      amended by Laws of Utah 2025, Chapter 471
45      32B-5-306 (Effective upon governor's approval) (Applies beginning 01/01/26), as last
46      amended by Laws of Utah 2025, Chapter 471
47      32B-7-202 (Effective upon governor's approval), as last amended by Laws of Utah 2025,
48      Chapters 162, 173
49      41-6a-505 (Effective upon governor's approval), as last amended by Laws of Utah 2025,
50      Chapter 471
51      41-6a-509 (Effective upon governor's approval), as last amended by Laws of Utah 2025,
52      Chapter 471
53      53-3-236 (Effective 05/06/26), as enacted by Laws of Utah 2025, Chapter 471
54      53-3-805 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 471
55      76-5-102.1 (Effective upon governor's approval), as last amended by Laws of Utah 2025,
56      Chapter 471
57      76-5-207 (Effective upon governor's approval), as last amended by Laws of Utah 2025,
58      Chapter 471
59   Utah Code Sections affected by Coordination Clause:
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60      32B-1-407, as as last amended by Laws of Utah 2025, Chapter 471
61
62  Be it enacted by the Legislature of the state of Utah:
63  The following section is affected by a coordination clause at the end of this bill.
64Section 1. Section 32B-1-407 is amended to read:
6532B-1-407 (Effective upon governor's approval) (Applies beginning 01/01/26).
66  Verification of proof of age by applicable licensees.
67  (1) As used in this section, "applicable licensee" means:
68      [(a) a dining club;]
69      [(b)] (a) a bar;
70      [(c)] (b) a tavern;
71      [(d)] (c) a full-service restaurant;
72      [(e)] (d) a limited-service restaurant;
73      [(f)] (e) a beer-only restaurant; or
74      [(g)] (f) an off-premise beer retailer selling, offering for sale, or furnishing beer as
75described in Subsection 32B-7-202(8).
76  (2) Notwithstanding any other provision of this part, an applicable licensee shall require
77      that an authorized person for the applicable licensee verify proof of age as provided in
78      this section.
79  (3)(a) An authorized person is required to verify proof of age under this section before
80      an individual[:] who appears to be 35 years old or younger
81[(a) gains admittance to the premises of a bar licensee or tavern;]
82[(b) procures an alcoholic product on the premises of a dining club licensee; or]
83[(c)] procures an alcoholic product [in a dispensing area in] on the premises of a
84full-service restaurant licensee, a limited-service restaurant licensee, or a beer-only
85restaurant licensee.
86      (b) An authorized person is required to verify proof of age under this section before an
87individual:
88(i) gains admittance to the premises of a bar licensee or tavern; or
89(ii) purchases beer from an off-premise beer retailer as described in Subsection
9032B-7-202(8).
91      (c) When verifying proof of age under this Subsection (3), an authorized person shall
92verify that:
93(i) the individual's age on the proof of age is at least 21 years old;
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94(ii) the picture on the proof of age matches the individual; and
95(iii) if the proof of age is a driver license issued by this state, that the individual is not
96an interdicted person.
97   (4) To comply with Subsection (3), an authorized person shall:
98(a) request that the individual present proof of age; and
99(b)(i) verify the validity of the proof of age electronically under the verification
100program created in Subsection (5); or
101(ii) if the proof of age cannot be electronically verified as provided in Subsection
102(4)(b)(i), request that the individual comply with a process established by the
103commission by rule.
104   (5)(a) The commission shall establish by rule an electronic verification program that
105includes the following:
106(i) the specifications for the technology used by the applicable licensee to
107electronically verify proof of age, including that the technology display to the
108person described in Subsection (2) no more than the following for the individual
109who presents the proof of age:
110(A) the name;
111(B) the age;
112(C) the number assigned to the individual's proof of age by the issuing authority;
113(D) the birth date;
114(E) the gender; and
115(F) the status and expiration date of the individual's proof of age; and
116(ii) the security measures that shall be used by an applicable licensee to ensure that
117information obtained under this section is:
118(A) used by the applicable licensee only for purposes of verifying proof of age in
119accordance with this section; and
120(B) retained by the applicable licensee for seven days after the day on which the
121applicable licensee obtains the information.
122(b) The commission shall ensure that the electronic verification program described in
123Subsection (5)(a) includes technology that [recognizes every state's unique hidden
124security features located on state issued identification cards to determine the validity
125of that particular card.] can determine the validity of a state issued identification card
126from the barcode located on the back of the state issued identification card by:
127(i) comparing the card's barcode to other legitimate barcodes; or
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128(ii) identifying patterns within legitimate state issued identification cards.
129  (6)(a) An applicable licensee may not disclose information obtained under this section
130      except as provided under this title.
131      (b) Information obtained under this section is considered a record for any purpose under
132Chapter 5, Part 3, Retail Licensee Operational Requirements.
133  (7)(a) If, after an authorized person requests that an individual present proof of age in
134      accordance with Subsection (4), the authorized person determines that the proof of
135      age the individual presents is fake or the electronic verification program described in
136      Subsection (5) determines that the proof of age is fake, the authorized person may,
137      subject to Subsection (7)(b):
138(i) if the proof of age is a physical proof of age, temporarily confiscate the proof of
139age; and
140(ii) call law enforcement and request that law enforcement verify the validity of the
141proof of age.
142      (b) When an authorized person calls law enforcement in accordance with this Subsection
143(7):
144(i) if law enforcement is unavailable to verify the validity of the proof of age within
14530 minutes, the authorized person shall immediately return the proof of age to the
146individual; or
147(ii) if law enforcement is available to verify the validity of the proof of age within 30
148minutes, the authorized person may maintain control over the proof of age until
149law enforcement arrives to verify the proof of age.
150Section 2. Section 32B-2-503 is amended to read:
15132B-2-503 (Effective upon governor's approval). Operational requirements for a
152  state store.
153  (1)(a) A state store shall display in a prominent place in the store a sign in large letters
154      that consists of text in the following order:
155(i) a header that reads: "WARNING";
156(ii) a warning statement that reads: "Drinking alcoholic beverages during pregnancy
157can cause birth defects and permanent brain damage for the child.";
158(iii) a statement in smaller font that reads: "Call the Utah Department of Health at
159[insert most current toll-free number] with questions or for more information.";
160(iv) a header that reads: "WARNING"; and
161(v) a warning statement that reads: "Driving under the influence of alcohol or drugs is
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162a serious crime that is prosecuted aggressively in Utah."
163(b)(i) The text described in Subsections (1)(a)(i) through (iii) shall be in a different
164font style than the text described in Subsections (1)(a)(iv) and (v).
165(ii) The warning statements in the sign described in Subsection (1)(a) shall be in the
166same font size.
167(c) The Department of Health shall work with the commission and department to
168facilitate consistency in the format of a sign required under this section.
169   (2) A state store may not sell, offer for sale, or furnish liquor except at a price fixed by the
170commission.
171   (3) A state store may not sell, offer for sale, or furnish liquor to:
172(a) a minor;
173(b) a person actually, apparently, or obviously intoxicated;
174(c) a known interdicted person; or
175(d) a known habitual drunkard.
176   (4)(a) A state store employee may not:
177(i) consume an alcoholic product on the premises of a state store; or
178(ii) allow any person to consume an alcoholic product on the premises of a state store.
179(b) A violation of this Subsection (4) is a class B misdemeanor.
180   (5)(a) Sale or delivery of liquor may not be made on or from the premises of a state
181store, and a state store may not be kept open for the sale of liquor:
182(i) on Sunday; or
183(ii) on a state or federal legal holiday.
184(b) Sale or delivery of liquor may be made on or from the premises of a state store, and a
185state store may be open for the sale of liquor, only on a day and during hours that the
186commission directs by rule or order.
187   (6)(a) A minor may not be admitted into, or be on the premises of, a state store unless
188accompanied by a person who is:
189(i) 21 years [of age] old or older; and
190(ii) the minor's parent, legal guardian, or spouse.
191(b) A state store employee that has reason to believe that a person who is on the
192premises of a state store is under [the age of 21] 21 years old and is not accompanied
193by a person described in Subsection (6)(a) may:
194(i) ask the suspected minor for proof of age;
195(ii) ask the person who accompanies the suspected minor for proof of age; and
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196(iii) ask the suspected minor or the person who accompanies the suspected minor for
197proof of parental, guardianship, or spousal relationship.
198      (c) A state store employee shall refuse to sell liquor to the suspected minor and to the
199person who accompanies the suspected minor into the state store if the suspected
200minor or person fails to provide information specified in Subsection (6)(b).
201      (d) A state store employee shall require a suspected minor and the person who
202accompanies the suspected minor into the state store to immediately leave the
203premises of the state store if the suspected minor or person fails to provide
204information specified in Subsection (6)(b).
205  (7)(a) A state store may not sell, offer for sale, or furnish liquor except in a sealed
206      container.
207      (b) A person may not open a sealed container on the premises of a state store.
208  (8) On or after October 1, 2011, a state store may not sell, offer for sale, or furnish heavy
209      beer in a sealed container that exceeds two liters.
210  (9) A state store may not sell, offer for sale, or furnish:
211      (a) liquor that is intended to be frozen and consumed in a manner other than as a
212beverage, including liquor in the form of a freeze pop, popsicle, ice cream, or sorbet;
213or
214      (b) liquor that contains more than 80% alcohol by volume.
215  (10)(a) Before the sale or furnishing of an alcoholic product to an individual, a state
216      store shall require that the individual provide proof of age.
217      (b) If the proof of age provided required by Subsection (10)(a) is a Utah driver license or
218an identification card, the state store shall verify that the individual is not an
219interdicted person.
220Section 3. Section 32B-2-605 is amended to read:
22132B-2-605 (Effective upon governor's approval). Operational requirements for
222  package agency.
223  (1)(a) A person may not operate a package agency until a package agency agreement is
224      entered into by the package agent and the department.
225      (b) A package agency agreement shall state the conditions of operation by which the
226package agent and the department are bound.
227      (c)(i) If a package agent or staff of the package agent violates this title, rules under
228this title, or the package agency agreement, the department may take any action
229against the package agent that is allowed by the package agency agreement.
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230(ii) An action against a package agent is governed solely by its package agency
231agreement and may include suspension or revocation of the package agency.
232(iii) A package agency agreement shall provide procedures to be followed if a
233package agent fails to pay money owed to the department including a procedure
234for replacing the package agent or operator of the package agency.
235(iv) A package agency agreement shall provide that the package agency is subject to
236covert investigations for selling an alcoholic product to a minor.
237(v) Notwithstanding that this part refers to "package agency" or "package agent,"
238staff of the package agency or package agent is subject to the same requirement or
239prohibition.
240   (2)(a) A package agency shall be operated by an individual who is either:
241(i) the package agent; or
242(ii) an individual designated by the package agent.
243(b) An individual who is a designee under this Subsection (2) shall be:
244(i) an employee of the package agent; and
245(ii) responsible for the operation of the package agency.
246(c) The conduct of the designee is attributable to the package agent.
247(d) A package agent shall submit the name of the person operating the package agency
248to the department for the department's approval.
249(e) A package agent shall state the name and title of a designee on the application for a
250package agency.
251(f) A package agent shall:
252(i) inform the department of a proposed change in the individual designated to
253operate a package agency; and
254(ii) receive prior approval from the department before implementing the change
255described in this Subsection (2)(f).
256(g) Failure to comply with the requirements of this Subsection (2) may result in the
257immediate termination of a package agency agreement.
258   (3)(a) A package agent shall display in a prominent place in the package agency the
259record issued by the commission that designates the package agency.
260(b) A package agent that displays or stores liquor at a location visible to the public shall
261display in a prominent place in the package agency a sign in large letters that consists
262of text in the following order:
263(i) a header that reads: "WARNING";
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264(ii) a warning statement that reads: "Drinking alcoholic beverages during pregnancy
265can cause birth defects and permanent brain damage for the child.";
266(iii) a statement in smaller font that reads: "Call the Utah Department of Health at
267[insert most current toll-free number] with questions or for more information.";
268(iv) a header that reads: "WARNING"; and
269(v) a warning statement that reads: "Driving under the influence of alcohol or drugs is
270a serious crime that is prosecuted aggressively in Utah."
271      (c)(i) The text described in Subsections (3)(b)(i) through (iii) shall be in a different
272font style than the text described in Subsections (3)(b)(iv) and (v).
273(ii) The warning statements in the sign described in Subsection (3)(b) shall be in the
274same font size.
275      (d) The Department of Health and Human Services shall work with the commission and
276department to facilitate consistency in the format of a sign required under this section.
277  (4) A package agency may not display liquor or a price list in a window or showcase that is
278      visible to passersby.
279  (5)(a) A package agency may not purchase liquor from a person except from the
280      department.
281      (b) At the discretion of the department, the department may provide liquor to a package
282agency for sale on consignment.
283  (6) A package agency may not store, sell, offer for sale, or furnish liquor in a place other
284      than as designated in the package agent's application, unless the package agent first
285      applies for and receives approval from the department for a change of location within
286      the package agency premises.
287  (7)(a) Except as provided in Subsection (7)(b), a package agency may not sell, offer for
288      sale, or furnish liquor except at a price fixed by the commission.
289      (b) A package agency may provide as room service one alcoholic product free of charge
290per guest reservation, per guest room, if:
291(i) the package agency is the type of package agency that authorizes the package
292agency to sell, offer for sale, or furnish an alcoholic product as part of room
293service;
294(ii) staff of the package agency provides the alcoholic product:
295(A) in person; and
296(B) only to an adult guest in the guest room;
297(iii) staff of the package agency does not leave the alcoholic product outside a guest
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298room for retrieval by a guest; and
299(iv) the alcoholic product:
300(A) is not a spirituous liquor; and
301(B) is in an unopened container not to exceed 750 milliliters.
302   (8) A package agency may not sell, offer for sale, or furnish liquor to:
303(a) a minor;
304(b) a person actually, apparently, or obviously intoxicated;
305(c) a known interdicted person; or
306(d) a known habitual drunkard.
307   (9)(a) A package agency may not employ a minor to handle liquor.
308(b)(i) Staff of a package agency may not:
309(A) consume an alcoholic product on the premises of a package agency; or
310(B) allow any person to consume an alcoholic product on the premises of a
311package agency.
312(ii) Violation of this Subsection (9)(b) is a class B misdemeanor.
313   (10)(a) A package agency may not close or cease operation for a period longer than 72
314hours, unless:
315(i) the package agency notifies the department in writing at least seven days before
316the day on which the package agency closes or ceases operation; and
317(ii) the closure or cessation of operation is first approved by the department.
318(b) Notwithstanding Subsection (10)(a), in the case of emergency closure, a package
319agency shall immediately notify the department by telephone.
320(c)(i) The department may authorize a closure or cessation of operation for a period
321not to exceed 60 days.
322(ii) The department may extend the initial period described in Subsection (10)(c)(i)
323an additional 30 days upon written request of the package agency and upon a
324showing of good cause.
325(iii) A closure or cessation of operation may not exceed a total of 90 days without
326commission approval.
327(d) The notice required by Subsection (10)(a) shall include:
328(i) the dates of closure or cessation of operation;
329(ii) the reason for the closure or cessation of operation; and
330(iii) the date on which the package agency will reopen or resume operation.
331(e) Failure of a package agency to provide notice and to obtain department authorization
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332before closure or cessation of operation results in an automatic termination of the
333package agency agreement effective immediately.
334      (f) Failure of a package agency to reopen or resume operation by the approved date
335results in an automatic termination of the package agency agreement effective on that
336date.
337  (11) A package agency may not transfer the package agency's operations from one location
338      to another location without prior written approval of the commission.
339  (12)(a) A person, having been issued a package agency, may not sell, transfer, assign,
340      exchange, barter, give, or attempt in any way to dispose of the package agency to
341      another person, whether for monetary gain or not.
342      (b) A package agency has no monetary value for any type of disposition.
343  (13)(a) Subject to the other provisions of this Subsection (13):
344(i) sale or delivery of liquor may not be made on or from the premises of a package
345agency, and a package agency may not be kept open for the sale of liquor:
346(A) on Sunday; or
347(B) on a state or federal legal holiday; and
348(ii) sale or delivery of liquor may be made on or from the premises of a package
349agency, and a package agency may be open for the sale of liquor, only on a day
350and during hours that the commission directs by rule or order.
351      (b) A package agency located at a manufacturing facility is not subject to Subsection
352(13)(a) if:
353(i) the package agency is located at a manufacturing facility licensed in accordance
354with Chapter 11, Manufacturing and Related Licenses Act; and
355(ii) the package agency only sells an alcoholic product produced at the manufacturing
356facility.
357      (c)(i) Subsection (13)(a) does not apply to a package agency held by the following if
358the package agent that holds the package agency to sell liquor at a resort or hotel
359does not sell liquor in a manner similar to a state store:
360(A) a resort licensee; or
361(B) a hotel licensee.
362(ii) The commission may by rule define what constitutes a package agency that sells
363liquor "in a manner similar to a state store."
364  (14)(a) Except to the extent authorized by commission rule, a minor may not be
365      admitted into, or be on the premises of, a package agency unless accompanied by a
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366person who is:
367(i) 21 years old or older; and
368(ii) the minor's parent, legal guardian, or spouse.
369(b) A package agent or staff of a package agency that has reason to believe that a person
370who is on the premises of a package agency is under 21 years old and is not
371accompanied by a person described in Subsection (14)(a) may:
372(i) ask the suspected minor for proof of age;
373(ii) ask the person who accompanies the suspected minor for proof of age; and
374(iii) ask the suspected minor or the person who accompanies the suspected minor for
375proof of parental, guardianship, or spousal relationship.
376(c) A package agent or staff of a package agency shall refuse to sell liquor to the
377suspected minor and to the person who accompanies the suspected minor into the
378package agency if the minor or person fails to provide any information specified in
379Subsection (14)(b).
380(d) A package agent or staff of a package agency shall require the suspected minor and
381the person who accompanies the suspected minor into the package agency to
382immediately leave the premises of the package agency if the minor or person fails to
383provide information specified in Subsection (14)(b).
384   (15)(a) A package agency shall sell, offer for sale, or furnish liquor in a sealed container.
385(b) A person may not open a sealed container on the premises of a package agency.
386(c) Notwithstanding Subsection (15)(a), a package agency may sell, offer for sale, or
387furnish liquor in other than a sealed container:
388(i) if the package agency is the type of package agency that authorizes the package
389agency to sell, offer for sale, or furnish the liquor as part of room service;
390(ii) if the liquor is sold, offered for sale, or furnished as part of room service; and
391(iii) subject to:
392(A) staff of the package agency providing the liquor in person only to an adult
393guest in the guest room or privately owned dwelling unit;
394(B) staff of the package agency not leaving the liquor outside a guest room or
395privately owned dwelling unit for retrieval by a guest or resident; and
396(C) the same limits on the portions in which an alcoholic product may be sold by a
397retail licensee under Section 32B-5-304.
398   (16) A package agency may not sell, offer for sale, or furnish:
399(a) heavy beer in a sealed container that exceeds two liters; or
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400      (b) liquor that contains more than 80% alcohol by volume.
401  (17) The department may pay or otherwise remunerate a package agent on any basis,
402      including sales or volume of business done by the package agency.
403  (18) The commission may prescribe by policy or rule general operational requirements of a
404      package agency that are consistent with this title and relate to:
405      (a) physical facilities;
406      (b) conditions of operation;
407      (c) hours of operation;
408      (d) inventory levels;
409      (e) payment schedules;
410      (f) methods of payment;
411      (g) premises security; and
412      (h) any other matter considered appropriate by the commission.
413  (19) A package agency may not maintain a minibar.
414  (20)(a) Before the sale or furnishing of an alcoholic product to an individual, a package
415      agency shall require that the individual provide proof of age.
416      (b) If the proof of age provided required by Subsection (20)(a) is a Utah driver license or
417an identification card, the package agency shall verify that the individual is not an
418interdicted person.
419Section 4. Section 32B-4-405 is amended to read:
42032B-4-405 (Effective upon governor's approval) (Applies beginning 01/01/26).
421  Unlawful sale, offer for sale, or furnishing to interdicted person.
422  (1) A person may not sell, offer for sale, or furnish an alcoholic product to a known
423      interdicted person.
424  [(2) Prior to any sale or furnishing of an alcohol product, a person shall verify whether the
425      person is an interdicted person through examination of the person's identification card or
426      license certificate issued pursuant to Title 53, Chapter 3, Uniform Driver License Act, or
427      proof of age issued by another state or country.]
428  [(3)] (2) This section does not apply to the sale, offer for sale, or furnishing of an alcoholic
429      product to an interdicted person:
430      (a) under an order of a health care practitioner who is authorized by law to write a
431prescription; or
432      (b) administered by a hospital or health care practitioner authorized by law to administer
433the alcoholic product for medicinal purposes.
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434Section 5. Section 32B-5-306 is amended to read:
43532B-5-306 (Effective upon governor's approval) (Applies beginning 01/01/26).
436   Purchasing or selling alcoholic product.
437   (1)[(a)] A retail licensee may not sell, offer for sale, or furnish an alcoholic product to:
438[(i)] (a) a minor;
439[(ii)] (b) a person actually, apparently, or obviously intoxicated;
440[(iii)] (c) a known interdicted person; or
441[(iv)] (d) a known habitual drunkard.
442[(b) Prior to any sale or furnishing of an alcohol product, a retail licensee shall verify
443whether the person is a minor or an interdicted person through examination of the
444person's identification card or license certificate issued pursuant to Title 53, Chapter
4453, Uniform Driver License Act, or proof of age issued by another state or country.]
446   (2)(a) A patron may only purchase an alcoholic product in the licensed premises of a
447retail licensee from and be served by an individual who is:
448(i) staff of the retail licensee; and
449(ii) designated and trained by the retail licensee to sell and serve an alcoholic product.
450(b) An individual may sell, offer for sale, or furnish an alcoholic product to a patron only
451if the individual is:
452(i) staff of the retail licensee; and
453(ii) designated and trained by the retail licensee to sell and serve an alcoholic product.
454(c) Notwithstanding Subsection (2)(a) or (b), a patron who purchases bottled wine from
455staff of the retail licensee or carries bottled wine onto the retail licensee's premises [
456pursuant to] in accordance with Section 32B-5-307 may thereafter serve wine from
457the bottle to the patron or others at the patron's table.
458   (3) The following may not purchase an alcoholic product for a patron:
459(a) a retail licensee; or
460(b) staff of a retail licensee.
461   (4) After a retail licensee closes the retail licensee's business at the licensed premises, the
462retail licensee may transfer the retail licensee's inventory of alcoholic product from that
463premises to another premises licensed under this chapter that is owned by the same retail
464licensee.
465Section 6. Section 32B-7-202 is amended to read:
46632B-7-202 (Effective upon governor's approval). General operational
467   requirements for off-premise beer retailer.
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468  (1)(a) An off-premise beer retailer or staff of the off-premise beer retailer shall comply
469      with the provisions of this title and any applicable rules made by the commission.
470      [(2)] (b) Failure to comply with this section may result in a suspension or revocation of a
471local license and, on or after July 1, 2018, disciplinary action in accordance with
472Chapter 3, Disciplinary Actions and Enforcement Act.
473  [(3)] (2)(a)(i) An off-premise beer retailer may not purchase, acquire, possess for the
474      purpose of resale, or sell beer, except beer that the off-premise beer retailer
475      lawfully purchases from:
476(A) a beer wholesaler licensee; or
477(B) a small brewer that manufactures the beer.
478(ii) A violation of Subsection [(2)(a)] (2)(a)(i) is a class A misdemeanor.
479      (b)(i) If an off-premise beer retailer purchases beer under this Subsection (2) from a
480beer wholesaler licensee, the off-premise beer retailer shall purchase beer only
481from a beer wholesaler licensee who is designated by the manufacturer to sell beer
482in the geographical area in which the off-premise beer retailer is located, unless an
483alternate wholesaler is authorized by the department to sell to the off-premise beer
484retailer as provided in Section 32B-13-301.
485(ii) A violation of Subsection [(2)(b)] (2)(b)(i) is a class B misdemeanor.
486  [(4)] (3) An off-premise beer retailer may not possess, sell, offer for sale, or furnish beer in a
487      container larger than two liters.
488  [(5)] (4)(a) Staff of an off-premise beer retailer, while on duty, may not:
489(i) consume an alcoholic product; or
490(ii) be intoxicated.
491      (b) A minor may not sell beer on the licensed premises of an off-premise beer retailer
492unless:
493(i) the sale is done under the supervision of a person 21 years old or older who is on
494the licensed premises; and
495(ii) the minor is at least 16 years old.
496  [(6)] (5) An off-premise beer retailer may not sell, offer for sale, or furnish an alcoholic
497      product to:
498      (a) a minor;
499      (b) a person actually, apparently, or obviously intoxicated;
500      (c) a known interdicted person; or
501      (d) a known habitual drunkard.
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502   [(7)] (6)(a) Subject to the other provisions of this Subsection (6), an off-premise beer
503retailer shall:
504(i) display all beer accessible by and visible to a patron in no more than two locations
505on the retail sales floor, each of which is:
506(A) a display cabinet, cooler, aisle, floor display, or room where beer is the only
507beverage displayed; and
508(B) not adjacent to a display of nonalcoholic beverages, unless the location is a
509cooler with a door from which the nonalcoholic beverages are not accessible,
510or the beer is separated from the display of nonalcoholic beverages by a display
511of one or more nonbeverage products or another physical divider; and
512(ii) display a sign in the area described in Subsection (6)(a)(i) that:
513(A) is prominent;
514(B) is easily readable by a consumer;
515(C) meets the requirements for format established by the commission by rule; and
516(D) reads in print that is no smaller than .5 inches, bold type, "These beverages
517contain alcohol. Please read the label carefully."
518(b) Notwithstanding Subsection (6)(a), a nonalcoholic beer may be displayed with beer
519if the nonalcoholic beer is labeled, packaged, or advertised as a nonalcoholic beer.
520(c) The requirements of this Subsection (6) apply to beer notwithstanding that it is
521labeled, packaged, or advertised as:
522(i) a malt cooler; or
523(ii) a beverage that may provide energy.
524(d) A violation of this Subsection (6) is an infraction.
525(e)(i) Except as provided in Subsection (6)(e)(ii), the provisions of Subsection
526(6)(a)(i) apply on and after May 9, 2017.
527(ii) For a beer retailer that operates two or more off-premise beer retailers, the
528provisions of Subsection (6)(a)(i) apply on and after August 1, 2017.
529   [(8)] (7)(a) Staff of an off-premise beer retailer who directly supervises the sale of beer
530or who sells beer to a patron for consumption off the premises of the off-premise beer
531retailer shall wear a unique identification badge:
532(i) on the front of the staff's clothing;
533(ii) visible above the waist;
534(iii) bearing the staff's:
535(A) first or last name;
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536(B) initials; or
537(C) unique identification in letters or numbers; and
538(iv) with the number or letters on the unique identification badge being sufficiently
539large to be clearly visible and identifiable while engaging in or directly
540supervising the retail sale of beer.
541      (b) An off-premise beer retailer shall make and maintain a record of each current staff's
542unique identification badge assigned by the off-premise beer retailer that includes the
543staff's:
544(i) full name;
545(ii) address; and
546(iii)(A) driver license number; or
547(B) similar identification number.
548      (c) An off-premise beer retailer shall make available a record required to be made or
549maintained under this Subsection (7) for immediate inspection by:
550(i) a peace officer;
551(ii) a representative of the local authority that issues the off-premise beer retailer
552license; or
553(iii) for an off-premise beer retailer state license, a representative of the commission
554or department.
555      (d) A local authority may impose a fine of up to $250 against an off-premise beer
556retailer that does not comply or require [its] the off-premise beer retailer's staff to
557comply with this Subsection (7).
558  [(9)] (8)(a) An off-premise beer retailer may sell, offer for sale, or furnish beer:
559(i) at a drive-through window;
560(ii) at a drive-up loading area, if the drive-up loading area is contiguous to the
561off-premise beer retailer's licensed premises; or
562(iii) subject to Subsection (8)(b), at a designated parking stall.
563      (b)(i) An off-premise beer retailer shall ensure that a parking stall described in
564Subsection (8)(a)(iii) is:
565(A) located on property that the off-premise beer retailer owns or has a legal right
566to occupy;
567(B) designated for picking up pre-ordered items from the off-premise beer retailer;
568and
569(C) labeled in a conspicuous manner that communicates the purpose described in
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570Subsection [(8)(b)(ii)] (8)(b)(i)(B).
571(ii) An off-premise beer retailer may not sell, offer for sale, or furnish beer at a
572designated parking stall described in Subsection (8)(a)(iii) unless:
573(A) the off-premise beer retailer ensures that the individual purchasing the beer
574purchases the beer before parking in the designated parking stall;
575(B) the off-premise beer retailer delivers the beer directly from the off-premise
576beer retailer's licensed premises to the designated parking stall;
577(C) at the designated parking stall, staff of the off-premise beer retailer verifies the
578purchaser's age in accordance with Section 32B-1-407; and
579(D) the off-premise beer retailer maintains video surveillance of the designated
580parking stall.
581(c) Nothing in this Subsection (8) modifies the other requirements of this section.
582(d) Staff of an off-premise beer retailer that sells, offers for sale, or furnishes beer in
583accordance with this Subsection (8) shall comply with the training requirements
584described in Section 32B-1-703.
585   [(10)] (9) An off-premise beer retailer may not on the licensed premises:
586(a) engage in or permit any form of:
587(i) gambling, as defined in Section 76-9-1401; or
588(ii) fringe gambling, as defined in Section 76-9-1401;
589(b) have any fringe gaming device, video gaming device, or gambling device or record
590as defined in Section 76-9-1401; or
591(c) engage in or permit a contest, game, gaming scheme, or gaming device that requires
592the risking of something of value for a return or for an outcome when the return or
593outcome is based upon an element of chance, excluding the playing of an amusement
594device that confers only an immediate and unrecorded right of replay not
595exchangeable for value.
596   [(11)] (10) An off-premise beer retailer may not knowingly allow a person on the licensed
597premises to, in violation of Title 58, Chapter 37, Utah Controlled Substances Act, or
598Chapter 37a, Utah Drug Paraphernalia Act:
599(a) sell, distribute, possess, or use a controlled substance, as defined in Section 58-37-2;
600or
601(b) use, deliver, or possess, with the intent to deliver, drug paraphernalia, as defined in
602Section 58-37a-3.
603   [(12)] (11) An off-premise beer retailer may not sell, offer for sale, or furnish a beer that is
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604      intended to be frozen and consumed in a manner other than as a beverage, including beer
605      in the form of a freeze pop, popsicle, ice cream, or sorbet.
606  (12)(a) Before the sale or furnishing of an alcoholic product to an individual, an
607      off-premise beer retailer shall require that the individual provide proof of age.
608      (b) If the proof of age provided required by Subsection (12)(a) is a Utah driver license or
609an identification card, the off-premise beer retailer shall verify that the individual is
610not an interdicted person.
611Section 7. Section 41-6a-505 is amended to read:
61241-6a-505 (Effective upon governor's approval). Sentencing requirements for
613  driving under the influence of alcohol, drugs, or a combination of both violations.
614  (1) As part of any sentence for a first conviction of extreme DUI:
615      (a) the court shall:
616(i)(A) impose a jail sentence of not less than five days; or
617(B) impose a jail sentence of not less than two days in addition to home
618confinement of not fewer than 30 consecutive days through the use of
619electronic monitoring that includes a substance abuse testing instrument in
620accordance with Section 41-6a-506;
621(ii) order the individual to participate in a screening;
622(iii) order the individual to participate in an assessment, if it is found appropriate by a
623screening under Subsection (1)(a)(ii);
624(iv) order the individual to participate in an educational series if the court does not
625order substance abuse treatment as described under Subsection (1)(b);
626(v) impose a fine of not less than $700;
627(vi) order probation for the individual in accordance with Section 41-6a-507;
628(vii)(A) order the individual to pay the administrative impound fee described in
629Section 41-6a-1406; or
630(B) if the administrative impound fee was paid by a party described in Subsection
63141-6a-1406(6)(a), other than the individual sentenced, order the individual
632sentenced to reimburse the party;
633(viii)(A) order the individual to pay the towing and storage fees described in
634Section 72-9-603; or
635(B) if the towing and storage fees were paid by a party described in Subsection
63641-6a-1406(6)(a), other than the individual sentenced, order the individual
637sentenced to reimburse the party;
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638(ix) unless the court determines and states on the record that an ignition interlock
639system is not necessary for the safety of the community and in the best interest of
640justice, order the installation of an ignition interlock system as described in
641Section 41-6a-518; and
642(x) designate the individual as an interdicted person for a period of time not to exceed
643the probationary period, unless the court finds good cause to order a shorter or
644longer time, and require the individual to surrender the individual's Utah driver
645license or Utah identification card; and
646(b) the court may:
647(i) order the individual to obtain substance abuse treatment if the substance abuse
648treatment program determines that substance abuse treatment is appropriate;
649(ii) order the individual to participate in a 24-7 sobriety program as defined in
650Section 41-6a-515.5 if the individual is 21 years old or older; or
651(iii) order a combination of Subsections (1)(b)(i) and (ii).
652   (2)(a) If an individual described in Subsection (1) is participating in a 24-7 sobriety
653program as defined in Section 41-6a-515.5, the court may suspend the jail sentence
654imposed under Subsection (1)(a).
655(b) If an individual described in Subsection (1) fails to successfully complete all of the
656requirements of the 24-7 sobriety program, the court shall impose the suspended jail
657sentence described in Subsection (2)(a).
658   (3) As part of any sentence for any first conviction of Section 41-6a-502 not described in
659Subsection (1):
660(a) the court shall:
661(i)(A) impose a jail sentence of not less than two days; or
662(B) require the individual to work in a compensatory-service work program for
663not less than 48 hours;
664(ii) order the individual to participate in a screening;
665(iii) order the individual to participate in an assessment, if it is found appropriate by a
666screening under Subsection (3)(a)(ii);
667(iv) order the individual to participate in an educational series if the court does not
668order substance abuse treatment as described under Subsection (3)(b);
669(v) impose a fine of not less than $700;
670(vi)(A) order the individual to pay the administrative impound fee described in
671Section 41-6a-1406; or
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672(B) if the administrative impound fee was paid by a party described in Subsection
67341-6a-1406(6)(a), other than the individual sentenced, order the individual
674sentenced to reimburse the party; and
675(vii)(A) order the individual to pay the towing and storage fees described in
676Section 72-9-603; or
677(B) if the towing and storage fees were paid by a party described in Subsection
67841-6a-1406(6)(a), other than the individual sentenced, order the individual
679sentenced to reimburse the party; and
680      (b) the court may:
681(i) order the individual to obtain substance abuse treatment if the substance abuse
682treatment program determines that substance abuse treatment is appropriate;
683(ii) order probation for the individual in accordance with Section 41-6a-507;
684(iii) order the individual to participate in a 24-7 sobriety program as defined in
685Section 41-6a-515.5 if the individual is 21 years old or older;
686(iv) order a combination of Subsections (3)(b)(i) through (iii); or
687(v) designate the individual as an interdicted person for a period of time not to exceed
688the probationary period, unless the court finds good cause to order a shorter or
689longer time, and require the individual to surrender the individual's Utah driver
690license or Utah identification card.
691  (4)(a) If an individual described in Subsection (3) is participating in a 24-7 sobriety
692      program as defined in Section 41-6a-515.5, the court may suspend the jail sentence
693      imposed under Subsection (3)(a).
694      (b) If an individual described in Subsection (4)(a) fails to successfully complete all of
695the requirements of the 24-7 sobriety program, the court shall impose the suspended
696jail sentence described in Subsection (4)(a).
697  (5) If an individual has a prior conviction as defined in Section 41-6a-501 that is within 10
698      years of the current conviction under Section 41-6a-502 or the commission of the
699      offense upon which the current conviction amounts to extreme DUI:
700      (a) the court shall:
701(i)(A) impose a jail sentence of not less than 20 days;
702(B) impose a jail sentence of not less than 10 days in addition to home
703confinement of not fewer than 60 consecutive days through the use of
704electronic monitoring that includes a substance abuse testing instrument in
705accordance with Section 41-6a-506; or
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706(C) impose a jail sentence of not less than 10 days in addition to ordering the
707individual to obtain substance abuse treatment, if the court finds that substance
708abuse treatment is more likely to reduce recidivism and is in the interests of
709public safety;
710(ii) order the individual to participate in a screening;
711(iii) order the individual to participate in an assessment, if it is found appropriate by a
712screening under Subsection (5)(a)(ii);
713(iv) order the individual to participate in an educational series if the court does not
714order substance abuse treatment as described under Subsection (5)(b);
715(v) impose a fine of not less than $800;
716(vi) order probation for the individual in accordance with Section 41-6a-507;
717(vii) order the installation of an ignition interlock system as described in Section
71841-6a-518;
719(viii)(A) order the individual to pay the administrative impound fee described in
720Section 41-6a-1406; or
721(B) if the administrative impound fee was paid by a party described in Subsection
72241-6a-1406(6)(a), other than the individual sentenced, order the individual
723sentenced to reimburse the party;
724(ix)(A) order the individual to pay the towing and storage fees described in
725Section 72-9-603; or
726(B) if the towing and storage fees were paid by a party described in Subsection
72741-6a-1406(6)(a), other than the individual sentenced, order the individual
728sentenced to reimburse the party; and
729(x) designate the individual as an interdicted person for a period of time not to exceed
730the probationary period, unless the court finds good cause to order a shorter or
731longer time, and require the individual to surrender the individual's Utah driver
732license or Utah identification card; and
733(b) the court may:
734(i) order the individual to obtain substance abuse treatment if the substance abuse
735treatment program determines that substance abuse treatment is appropriate;
736(ii) order the individual to participate in a 24-7 sobriety program as defined in
737Section 41-6a-515.5 if the individual is 21 years old or older; or
738(iii) order a combination of Subsections (5)(b)(i) and (ii).
739   (6)(a) If an individual described in Subsection (5) is participating in a 24-7 sobriety
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740      program as defined in Section 41-6a-515.5, the court may suspend the jail sentence
741      imposed under Subsection (5)(a) after the individual has served a minimum of:
742(i) five days of the jail sentence for a second offense; or
743(ii) 10 days of the jail sentence for a third or subsequent offense.
744      (b) If an individual described in Subsection (6)(a) fails to successfully complete all of
745the requirements of the 24-7 sobriety program, the court shall impose the suspended
746jail sentence described in Subsection (6)(a).
747  (7) If an individual has a prior conviction as defined in Section 41-6a-501 that is within 10
748      years of the current conviction under Section 41-6a-502 or the commission of the
749      offense upon which the current conviction is based and that does not qualify under
750      Subsection (5):
751      (a) the court shall:
752(i)(A) impose a jail sentence of not less than 10 days; or
753(B) impose a jail sentence of not less than 5 days in addition to home confinement
754of not fewer than 30 consecutive days through the use of electronic monitoring
755that includes a substance abuse testing instrument in accordance with Section
75641-6a-506;
757(ii) order the individual to participate in a screening;
758(iii) order the individual to participate in an assessment, if it is found appropriate by a
759screening under Subsection (7)(a)(ii);
760(iv) order the individual to participate in an educational series if the court does not
761order substance abuse treatment as described under Subsection (7)(b);
762(v) impose a fine of not less than $800;
763(vi) order probation for the individual in accordance with Section 41-6a-507;
764(vii)(A) order the individual to pay the administrative impound fee described in
765Section 41-6a-1406; or
766(B) if the administrative impound fee was paid by a party described in Subsection
76741-6a-1406(6)(a), other than the individual sentenced, order the individual
768sentenced to reimburse the party; and
769(viii)(A) order the individual to pay the towing and storage fees described in
770Section 72-9-603; or
771(B) if the towing and storage fees were paid by a party described in Subsection
77241-6a-1406(6)(a), other than the individual sentenced, order the individual
773sentenced to reimburse the party; and
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774(b) the court may:
775(i) order the individual to obtain substance abuse treatment if the substance abuse
776treatment program determines that substance abuse treatment is appropriate;
777(ii) order the individual to participate in a 24-7 sobriety program as defined in
778Section 41-6a-515.5 if the individual is 21 years old or older;
779(iii) order a combination of Subsections (7)(b)(i) and (ii); or
780(iv) designate the individual as an interdicted person for a period of time not to
781exceed the probationary period, unless the court finds good cause to order a
782shorter or longer time, and require the individual to surrender the individual's Utah
783driver license or Utah identification card.
784   (8)(a) If an individual described in Subsection (7) is participating in a 24-7 sobriety
785program as defined in Section 41-6a-515.5, the court may suspend the jail sentence
786imposed under Subsection (7)(a) after the individual has served a minimum of:
787(i) five days of the jail sentence for a second offense; or
788(ii) 10 days of the jail sentence for a third or subsequent offense.
789(b) If an individual described in Subsection (8)(a) fails to successfully complete all of
790the requirements of the 24-7 sobriety program, the court shall impose the suspended
791jail sentence described in Subsection (8)(a).
792   (9) Under Subsection 41-6a-502(2)(c), if the court suspends the execution of a prison
793sentence and places the defendant on probation for a conviction of extreme DUI, the
794court shall:
795(a) impose a fine of not less than $1,500;
796(b) impose a jail sentence of not less than 120 days;
797(c) order home confinement of not fewer than 120 consecutive days through the use of
798electronic monitoring that includes a substance abuse testing instrument in
799accordance with Section 41-6a-506;
800(d) order supervised probation; and
801(e) designate the individual as an interdicted person for a period of time not to exceed
802the probationary period, unless the court finds good cause to order a shorter or longer
803time, and require the individual to surrender the individual's Utah driver license or
804Utah identification card.
805   (10)(a) For Subsection (9) or Subsection 41-6a-502(2)(c)(i), the court:
806(i) shall impose an order requiring the individual to obtain a screening and
807assessment for alcohol and substance abuse, and treatment as appropriate; and
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808(ii) may impose an order requiring the individual to participate in a 24-7 sobriety
809program as defined in Section 41-6a-515.5 if the individual is 21 years old or
810older.
811      (b) If an individual described in Subsection (10)(a)(ii) fails to successfully complete all
812of the requirements of the 24-7 sobriety program, the court shall impose the
813suspended prison sentence described in Subsection (9).
814  (11) Under Subsection 41-6a-502(2)(c), if the court suspends the execution of a prison
815      sentence and places the defendant on probation with a sentence not described in
816      Subsection (9), the court shall impose:
817      (a) a fine of not less than $1,500;
818      (b) a jail sentence of not less than 60 days;
819      (c) home confinement of not fewer than 60 consecutive days through the use of
820electronic monitoring that includes a substance abuse testing instrument in
821accordance with Section 41-6a-506; and
822      (d) supervised probation.
823  (12)(a)(i) Except as described in Subsection (12)(a)(ii), a court may not suspend the
824      requirements of this section.
825(ii) A court may suspend requirements as described in Subsection (2), (4), (6), or (8).
826      (b) A court, with stipulation of both parties and approval from the judge, may convert a
827jail sentence required in this section to electronic home confinement.
828      (c) A court may order a jail sentence imposed as a condition of misdemeanor probation
829under this section to be served in multiple two-day increments at weekly intervals if
830the court determines that separate jail increments are necessary to ensure the
831defendant can serve the statutorily required jail term and maintain employment.
832  (13) If an individual is convicted of a violation of Section 41-6a-502 and there is admissible
833      evidence that the individual had a blood or breath alcohol level of .16 or higher, the
834      court shall order the following, or describe on record why the order or orders are not
835      appropriate:
836      (a) treatment as described under Subsection (1)(b), (3)(b), (5)(b), or (7)(b); and
837      (b) one or more of the following:
838(i) the installation of an ignition interlock system as a condition of probation for the
839individual in accordance with Section 41-6a-518;
840(ii) the imposition of an ankle attached continuous transdermal alcohol monitoring
841device or remote alcohol monitor as a condition of probation for the individual; or
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842(iii) the imposition of home confinement through the use of electronic monitoring in
843accordance with Section 41-6a-506.
844Section 8. Section 41-6a-509 is amended to read:
84541-6a-509 (Effective upon governor's approval). Driver license suspension or
846   revocation for a driving under the influence violation.
847   (1)(a) The Driver License Division shall, if the person is 21 years old or older at the time
848of arrest:
849(i) suspend for a period of 120 days the operator's license of a person convicted for
850the first time under Section 41-6a-502 or 76-5-102.1; or
851(ii) revoke for a period of two years the license of a person if:
852(A) the person has a prior conviction as defined under Subsection 41-6a-501(2);
853and
854(B) the current violation under Section 41-6a-502, 76-5-102.1, or 76-5-207 is
855committed within a period of 10 years from the date of the prior violation.
856(b)(i) If a person elects to become an interlock restricted driver under Subsection
85753-3-223(10)(a), the Driver License Division may not suspend the operator's
858license for a violation of Section 41-6a-502 as described in Subsection (1)(a)(i)
859unless the person fails to complete 120 days of the interlock restriction.
860(ii) If a person elects to become an interlock restricted driver under Subsection
86153-3-223(10)(a), and the person fails to complete the full 120 days of interlock
862restriction, the Driver License Division:
863(A) shall suspend the operator's license as described in Subsection (1)(a)(i) for a
864period of 120 days from the date the ignition interlock system was removed
865from the vehicle; and
866(B) may not reduce the 120-day suspension for any days the person was compliant
867with the interlock restriction under Subsection 53-3-223(10)(a).
868(c)(i) If a person elects to become an interlock restricted driver under Subsection
86941-6a-521(7), the Driver License Division may not suspend the operator's license
870for a violation of Section 41-6a-502 as described in Subsection (1)(a)(i) unless the
871person fails to complete three years of the interlock restriction under Subsection
87241-6a-521(7).
873(ii) If a person elects to become an interlock restricted driver under Subsection
87441-6a-521(7), and the person fails to complete the full three years of interlock
875restriction, the Driver License Division:
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876(A) shall suspend the operator's license as described in Subsection (1)(a)(i) for a
877period of 120 days from the date the ignition interlock system was removed
878from the vehicle; and
879(B) may not reduce the 120-day suspension for any days the person was compliant
880with the interlock restriction under Subsection 41-6a-521(7).
881  (2) The Driver License Division shall, if the person is 19 years old or older but under 21
882      years old at the time of arrest:
883      (a) suspend the person's driver license until the person is 21 years old or for a period of
884one year, whichever is longer, if the person is convicted for the first time of a
885violation under Section 41-6a-502, 76-5-102.1, or 76-5-207 of an offense that was
886committed on or after July 1, 2011;
887      (b) deny the person's application for a license or learner's permit until the person is 21
888years old or for a period of one year, whichever is longer, if the person:
889(i) is convicted for the first time of a violation under Section 41-6a-502, 76-5-102.1,
890or 76-5-207 of an offense committed on or after July 1, 2011; and
891(ii) has not been issued an operator license;
892      (c) revoke the person's driver license until the person is 21 years old or for a period of
893two years, whichever is longer, if:
894(i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
895(ii) the current violation under Section 41-6a-502, 76-5-102.1, or 76-5-207 is
896committed within a period of 10 years from the date of the prior violation; or
897      (d) deny the person's application for a license or learner's permit until the person is 21
898years old or for a period of two years, whichever is longer, if:
899(i) the person has a prior conviction as defined under Subsection 41-6a-501(2);
900(ii) the current violation under Section 41-6a-502, 76-5-102.1, or 76-5-207 is
901committed within a period of 10 years from the date of the prior violation; and
902(iii) the person has not been issued an operator license.
903  (3) The Driver License Division shall, if the person is under 19 years old at the time of
904      arrest:
905      (a) suspend the person's driver license until the person is 21 years old if the person is
906convicted for the first time of a violation under Section 41-6a-502, 76-5-102.1, or
90776-5-207;
908      (b) deny the person's application for a license or learner's permit until the person is 21
909years old if the person:
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910(i) is convicted for the first time of a violation under Section 41-6a-502, 76-5-102.1,
911or 76-5-207; and
912(ii) has not been issued an operator license;
913(c) revoke the person's driver license until the person is 21 years old if:
914(i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
915(ii) the current violation under Section 41-6a-502, 76-5-102.1, or 76-5-207 is
916committed within a period of 10 years from the date of the prior violation; or
917(d) deny the person's application for a license or learner's permit until the person is 21
918years old if:
919(i) the person has a prior conviction as defined under Subsection 41-6a-501(2);
920(ii) the current violation under Section 41-6a-502, 76-5-102.1, or 76-5-207 is
921committed within a period of 10 years from the date of the prior violation; and
922(iii) the person has not been issued an operator license.
923   (4) The Driver License Division shall suspend or revoke the license of a person as ordered
924by the court under Subsection (9).
925   (5) The Driver License Division shall subtract from any suspension or revocation period the
926number of days for which a license was previously suspended under Section 53-3-223 or
92753-3-231, if the previous suspension was based on the same occurrence upon which the
928record of conviction is based.
929   (6) If a conviction recorded as impaired driving is amended to a driving under the influence
930conviction under Section 41-6a-502, 76-5-102.1, or 76-5-207 in accordance with
931Subsection 41-6a-502.5(3)(a)(ii), the Driver License Division:
932(a) may not subtract from any suspension or revocation any time for which a license was
933previously suspended or revoked under Section 53-3-223 or 53-3-231; and
934(b) shall start the suspension or revocation time under Subsection (1) on the date of the
935amended conviction.
936   (7) A court that reported a conviction of a violation of Section 41-6a-502, 76-5-102.1, or
93776-5-207 for a violation that occurred on or after July 1, 2009, to the Driver License
938Division may shorten the suspension period imposed under Subsection (2)(a) or (b) or
939Subsection (3)(a) or (b) [prior to] before completion of the suspension period if the
940person:
941(a) completes at least six months of the license suspension;
942(b) completes a screening;
943(c) completes an assessment, if it is found appropriate by a screening under Subsection
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944(7)(b);
945      (d) completes substance abuse treatment if it is found appropriate by the assessment
946under Subsection (7)(c);
947      (e) completes an educational series if substance abuse treatment is not required by an
948assessment under Subsection (7)(c) or the court does not order substance abuse
949treatment;
950      (f) has not been convicted of a violation of any motor vehicle law in which the person
951was involved as the operator of the vehicle during the suspension period imposed
952under Subsection (2)(a) or (b) or Subsection (3)(a) or (b);
953      (g) has complied with all the terms of the person's probation or all orders of the court if
954not ordered to probation; and
955      (h)(i) is 18 years old or older and provides a sworn statement to the court that the
956person has not unlawfully consumed alcohol during the suspension period
957imposed under Subsection (2)(a) or (b) or Subsection (3)(a) or (b); or
958(ii) is under 18 years old and has the person's parent or legal guardian provide an
959affidavit or sworn statement to the court certifying that to the parent or legal
960guardian's knowledge the person has not unlawfully consumed alcohol during the
961suspension period imposed under Subsection (2)(a) or (b) or Subsection (3)(a) or
962(b).
963  (8) If the court shortens a person's license suspension period in accordance with the
964      requirements of Subsection (7), the court shall forward the order shortening the person's
965      suspension period to the Driver License Division in a manner specified by the division [
966      prior to] before the completion of the suspension period imposed under Subsection (2)(a)
967      or (b) or Subsection (3)(a) or (b).
968  (9)(a)(i) In addition to any other penalties provided in this section, a court may order
969      the operator's license of a person who is convicted of a violation of Section
970      41-6a-502, 76-5-102.1, or 76-5-207 to be suspended or revoked for an additional
971      period of 90 days, 120 days, 180 days, one year, or two years to remove from the
972      highways those persons who have shown they are safety hazards.
973(ii) The additional suspension or revocation period provided in this Subsection (9)
974shall begin the date on which the individual would be eligible to reinstate the
975individual's driving privilege for a violation of Section 41-6a-502, 76-5-102.1, or
97676-5-207.
977      (b) If the court suspends or revokes the person's license under this Subsection (9), the
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978court shall prepare and send to the Driver License Division an order to suspend or
979revoke that person's driving privileges for a specified period of time.
980   (10)(a) The court shall notify the Driver License Division if a person fails to complete
981all court ordered:
982(i) screenings;
983(ii) assessments;
984(iii) educational series;
985(iv) substance abuse treatment; and
986(v) hours of work in a compensatory-service work program.
987(b) Subject to Subsection 53-3-218(3), upon receiving the notification described in
988Subsection (10)(a), the division shall suspend the person's driving privilege in
989accordance with Subsection 53-3-221(2).
990   (11)(a) A court that reported a conviction of a violation of Section 41-6a-502 to the
991Driver License Division may shorten the suspension or revocation period imposed
992under Subsection (1) before completion of the suspension or revocation period if the
993person:
994(i) is participating in or has successfully completed a 24-7 sobriety program as
995defined in Section 41-6a-515.5;
996(ii)(A) is participating in or has successfully completed a problem solving court
997program approved by the Judicial Council, including a driving under the
998influence court program, a drug court program, or a veterans treatment court
999program; and
1000  (B) has elected to become an interlock restricted driver as a condition of probation
1001  during the remainder of the person's suspension or revocation period in
1002  accordance with Section 41-6a-518; or
1003  (iii) has had their operator license suspended under Subsection (1)(a)(i), and the court
1004  does not have a problem solving court program approved by the Judicial Council
1005  or access to a 24-7 sobriety program as defined in Section 41-6a-515.5, if the
1006  person:
1007  (A) has installed an ignition interlock device in any vehicle owned or driven by
1008  the person in accordance with Section 53-3-1007; and
1009  (B) did not inflict bodily injury upon another as a proximate result of having
1010  operated the vehicle in a negligent manner.
1011  (b) If a court shortens a person's license suspension or revocation period in accordance
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1012  with the requirements of this Subsection (11), the court shall forward the order
1013  shortening the person's suspension or revocation period to the Driver License
1014  Division in a manner specified by the division.
1015        (c) The court shall notify the Driver License Division, in a manner specified by the
1016  Driver License Division, if a person fails to complete or comply with a condition that
1017  allowed the court to shorten the person's license suspension or revocation period
1018  under Subsection (11)(a).
1019        (d)(i)(A) Upon receiving the notification described in Subsection (11)(c), for a
1020  first offense, the division shall suspend the person's driving privilege for a
1021  period of 120 days from the date of notice.
1022  (B) For a suspension described under Subsection (11)(d)(i)(A), no days shall be
1023  subtracted from the 120-day suspension period for which a driving privilege
1024  was previously suspended under this section or Section 53-3-223, if the
1025  previous suspension was based on the same occurrence upon which the
1026  conviction under Section 41-6a-502 is based.
1027  (ii)(A) Upon receiving the notification described in Subsection (11)(c), for a
1028  second or subsequent offense, the division shall revoke the person's driving
1029  privilege for a period of two years from the date of notice.
1030  (B) For a license revocation described in Subsection (11)(d)(ii)(A), no days shall
1031  be subtracted from the two-year revocation period for which a driving privilege
1032  was previously revoked under this section or Section 53-3-223, if the previous
1033  revocation was based on the same occurrence upon which the conviction under
1034  Section 41-6a-502 is based.
1035    (12) If a court designates a person as an interdicted person as provided in Section 41-6a-505,
1036        the court shall:
1037        (a) require the person to surrender the person's Utah identification card or Utah driver
1038  license;
1039        (b) notify the Driver License Division that the person is an interdicted person; and
1040        (c) provide the person's identification card or driver license to the Driver License
1041  Division.
1042  Section 9. Section 53-3-236 is amended to read:
1043  53-3-236 (Effective 05/06/26). Interdicted person identifier -- License notation.
1044    (1) If the division receives a notification from a court as provided in Section 41-6a-505,
1045        41-6a-509, 76-5-102.1, or 76-5-207, that an individual is an interdicted person, the
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1046  division:
1047  (a)(i) may accept an application from the individual for a duplicate license that
1048  includes an interdicted person identifier; and
1049  (ii) if the individual submits an application and qualifies for a license certificate, may
1050  provide a license certificate with the interdicted person identifier; or
1051  (b)(i) may accept an application from the individual for a renewal of a license or an
1052  original license with an interdicted person identifier; and
1053  (ii) if the individual submits an application and qualifies for a license certificate, may
1054  provide a license certificate with an interdicted person identifier.
1055     (2) The division may not provide to an individual a license certificate without the
1056  interdicted person identifier during the time period the court has designated the person
1057  as an interdicted person.
1058     (3)(a) An individual may voluntarily apply for a duplicate license, original license, or
1059  renewal of a license that includes an interdicted person identifier.
1060  (b) An individual [that] who voluntarily applies for a duplicate license, original license,
1061  or renewal of a license with an interdicted person identifier may not apply for another
1062  duplicate license, original license, or renewal of a license without the interdicted
1063  person identifier for at least 30 days after the application for the license certificate
1064  with the interdicted person identifier.
1065  (c) An individual who voluntarily applies for a duplicate license, original license, or
1066  renewal of a license with an interdicted person identifier is not required to pay the fee
1067  described in Subsection (5).
1068     (4) An individual may not hold a license certificate with an interdicted person identifier
1069  while also holding another license certificate.
1070     (5) [The] Subject to Subsection (3)(c), the division may charge an administrative fee as
1071  described in Subsection 53-3-105(40) to an individual to process and provide a license
1072  certificate with an interdicted person identifier.
1073     (6) An individual who is designated as an interdicted person by a court is subject to the
1074  duplicate license fee and other fees necessary to administer the license certificate with
1075  the interdicted person identifier.
1076  Section 10. Section 53-3-805 is amended to read:
1077  53-3-805 (Effective 05/06/26). Identification card -- Contents -- Specifications.
1078     (1) As used in this section:
1079  (a) "Authorized guardian" means the same as that term is defined in Section 53-3-207.
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1080        (b) "Health care professional" means the same as that term is defined in Section 53-3-207.
1081        (c) "Invisible condition" means the same as that term is defined in Section 53-3-207.
1082        (d) "Invisible condition identification symbol" means the same as that term is defined in
1083  Section 53-3-207.
1084    (2)(a) The division shall issue an identification card that bears:
1085  (i) the distinguishing number assigned to the individual by the division;
1086  (ii) the name, birth date, and Utah residence address of the individual;
1087  (iii) a brief description of the individual for the purpose of identification;
1088  (iv) a photograph of the individual;
1089  (v) a photograph or other facsimile of the individual's signature;
1090  (vi) an indication whether the individual intends to make an anatomical gift under
1091  Title 26B, Chapter 8, Part 3, Revised Uniform Anatomical Gift Act; and
1092  (vii) if the individual states that the individual is a veteran of the United States
1093  military on the application for an identification card in accordance with Section
1094  53-3-804 and provides verification that the individual received an honorable or
1095  general discharge from the United States Armed Forces, an indication that the
1096  individual is a United States military veteran for a regular identification card or a
1097  limited-term identification card issued on or after July 1, 2011.
1098        (b) An identification card issued by the division may not bear the individual's social
1099  security number or place of birth.
1100    (3)(a) The card shall be of an impervious material, resistant to wear, damage, and
1101        alteration.
1102        (b) Except as provided under Section 53-3-806, the size, form, and color of the card is
1103  prescribed by the commissioner.
1104    (4) At the applicant's request, the card may include a statement that the applicant has a
1105        special medical problem or allergies to certain drugs, for the purpose of medical
1106        treatment.
1107    (5)(a) The division shall include or affix an invisible condition identification symbol on
1108        an individual's identification card if the individual or the individual's authorized
1109        guardian, on a form prescribed by the department:
1110  (i) requests the division to include the invisible condition identification symbol;
1111  (ii) provides written verification from a health care professional that the individual is
1112  an individual with an invisible condition; and
1113  (iii) submits a signed waiver of liability for the release of any medical information to:
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1114  (A) the department;
1115  (B) any person who has access to the individual's medical information as recorded
1116  on the individual's driving record or the Utah Criminal Justice Information
1117  System under this chapter;
1118  (C) any other person who may view or receive notice of the individual's medical
1119  information by seeing the individual's identification card or the individual's
1120  information in the Utah Criminal Justice Information System;
1121  (D) a local law enforcement agency that receives a copy of the form described in
1122  this Subsection (5)(a) and enters the contents of the form into the local law
1123  enforcement agency's record management system or computer-aided dispatch
1124  system; and
1125  (E) a dispatcher who accesses the information regarding the individual's invisible
1126  condition through the use of a local law enforcement agency's record
1127  management system or computer-aided dispatch system.
1128        (b) As part of the form described in Subsection (5)(a), the department shall advise the
1129  individual or the individual's authorized guardian that by submitting the request and
1130  signed waiver, the individual or the individual's authorized guardian consents to the
1131  release of the individual's medical information to any person described in Subsection
1132  (5)(a)(iii), even if the person is otherwise ineligible to access the individual's medical
1133  information under state or federal law.
1134        (c) The division may not:
1135  (i) charge a fee to include the invisible condition identification symbol on the
1136  individual's identification card; or
1137  (ii) after including the invisible condition identification symbol on the individual's
1138  previously issued identification card, require the individual to provide subsequent
1139  written verification described in Subsection (5)(a)(ii) to include the invisible
1140  condition identification symbol on the individual's extended identification card.
1141        (d) The division shall confirm with the Division of Professional Licensing that the health
1142  care professional described in Subsection (5)(a)(ii) holds a current state license.
1143        (e) The inclusion of an invisible condition identification symbol on an individual's
1144  identification card in accordance with Subsection (5)(a) does not confer any legal
1145  rights or privileges on the individual, including parking privileges for individuals
1146  with disabilities under Section 41-1a-414.
1147        (f) For each individual issued an identification card under this section that includes an
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1148  invisible condition identification symbol, the division shall include in the division's
1149  database a brief description of the nature of the individual's invisible condition in the
1150  individual's record and provide the brief description to the Utah Criminal Justice
1151  Information System.
1152        (g) Except as provided in this section, the division may not release the information
1153  described in Subsection (5)(f).
1154        (h) Within 30 days after the day on which the division receives an individual's or the
1155  individual's authorized guardian's written request, the division shall:
1156  (i) remove from the individual's record in the division's database the invisible
1157  condition identification symbol and the brief description described in Subsection
1158  (5)(f); and
1159  (ii) provide the individual's updated record to the Utah Criminal Justice Information
1160  System.
1161    (6)(a) If the division receives a notification from a court as provided in Section
1162        41-6a-505, 41-6a-509, 76-5-102.1, or 76-5-207, that an individual is an interdicted
1163        person, the division:
1164  (i) may accept an application from the individual for an identification card that
1165  includes an interdicted person identifier; and
1166  (ii) if the individual submits an application and qualifies for an identification card,
1167  may provide an identification card with the interdicted person identifier.
1168        (b)(i) An individual may voluntarily apply for an identification card that includes an
1169  interdicted person identifier.
1170  (ii) An individual [that] who voluntarily applies for an identification card with an
1171  interdicted person identifier may not apply for another identification card without
1172  the interdicted person identifier for at least 30 days after the application for the
1173  identification card with the interdicted person identifier.
1174  (iii) An individual who voluntarily applies for an identification card with an
1175  interdicted person identifier is not required to pay the fee described in Subsection
1176  (6)(d).
1177        (c) The division may not provide to an individual an identification card without the
1178  interdicted person identifier during the time period the court has designated the
1179  person as an interdicted person.
1180        (d) [The] Subject to Subsection (6)(b)(iii), the division may charge an administrative fee
1181  as described in Subsection 53-3-105(40) to an individual to process and provide an
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1182  identification card with an interdicted person identifier.
1183  (e) An individual who is designated as an interdicted person by a court is subject to the
1184  identification card fee and other fees necessary to administer the identification card
1185  with an interdicted person identifier.
1186     (7) As provided in Section 63G-2-302, the information described in Subsection (5)(a) is a
1187  private record for purposes of Title 63G, Chapter 2, Government Records Access and
1188  Management Act.
1189     (8)(a) The indication of intent under Subsection 53-3-804(2)(j) shall be authenticated by
1190  the applicant in accordance with division rule.
1191  (b)(i) Notwithstanding Title 63G, Chapter 2, Government Records Access and
1192  Management Act, the division may, upon request, release to an organ procurement
1193  organization, as defined in Section 26B-8-301, the names and addresses of all
1194  individuals who under Subsection 53-3-804(2)(j) indicate that they intend to make
1195  an anatomical gift.
1196  (ii) An organ procurement organization may use released information only to:
1197  (A) obtain additional information for an anatomical gift registry; and
1198  (B) inform applicants of anatomical gift options, procedures, and benefits.
1199     (9) Notwithstanding Title 63G, Chapter 2, Government Records Access and Management
1200  Act, the division may release to the Department of Veterans and Military Affairs the
1201  names and addresses of all individuals who indicate their status as a veteran under
1202  Subsection 53-3-804(2)(l).
1203     (10) The division and the division's employees are not liable, as a result of false or
1204  inaccurate information provided under Subsection 53-3-804(2)(j) or (l), for direct or
1205  indirect:
1206  (a) loss;
1207  (b) detriment; or
1208  (c) injury.
1209     (11)(a) The division may issue a temporary regular identification card to an individual
1210  while the individual obtains the required documentation to establish verification of
1211  the information described in Subsections 53-3-804(2)(a), (b), (c), (d), and (i)(i).
1212  (b) A temporary regular identification card issued under this Subsection (11) shall be
1213  recognized and grant the individual the same privileges as a regular identification
1214  card.
1215  (c) A temporary regular identification card issued under this Subsection (11) is invalid:
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1216  (i) when the individual's regular identification card has been issued;
1217  (ii) when, for good cause, an applicant's application for a regular identification card
1218  has been refused; or
1219  (iii) upon expiration of the temporary regular identification card.
1220        (d) The division shall coordinate with the Department of Corrections in providing an
1221  inmate with a temporary regular identification card as described in Section 64-13-10.6.
1222  Section 11. Section 76-5-102.1 is amended to read:
1223  76-5-102.1 (Effective upon governor's approval). Negligently operating a vehicle
1224    resulting in injury.
1225    (1)(a) As used in this section:
1226  (i) "Controlled substance" means the same as that term is defined in Section 58-37-2.
1227  (ii) "Drug" means the same as that term is defined in Section 76-5-207.
1228  (iii) "Negligent" or "negligence" means the same as that term is defined in Section
1229  76-5-207.
1230  (iv) "Vehicle" means the same as that term is defined in Section 41-6a-501.
1231        (b) Terms defined in Section 76-1-101.5 apply to this section.
1232    (2) An actor commits negligently operating a vehicle resulting in injury if the actor:
1233        (a)(i) operates a vehicle in a negligent manner causing bodily injury to another; and
1234  (ii)(A) has sufficient alcohol in the actor's body such that a subsequent chemical
1235  test shows that the actor has a blood or breath alcohol concentration of .05
1236  grams or greater at the time of the test;
1237  (B) is under the influence of alcohol, a drug, or the combined influence of alcohol
1238  and a drug to a degree that renders the actor incapable of safely operating a
1239  vehicle; or
1240  (C) has a blood or breath alcohol concentration of .05 grams or greater at the time
1241  of operation; or
1242        (b)(i) operates a vehicle in a criminally negligent manner causing bodily injury to
1243  another; and
1244  (ii) has in the actor's body any measurable amount of a controlled substance.
1245    (3) Except as provided in Subsection (4), a violation of Subsection (2) is:
1246        (a)(i) a class A misdemeanor;[ or]
1247  (ii) a third degree felony if the actor has two or more driving under the influence
1248  related convictions under Subsection 41-6a-501(2)(a), each of which is within 10
1249  years of:
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1250  (A) the current conviction; or
1251  (B) the commission of the offense upon which the current conviction is based;
1252  (iii) a third degree felony, if the current conviction is at any time after the conviction
1253  of:
1254  (A) a conviction, as the term conviction is defined in Subsection 41-6a-501(2),
1255  that is a felony; or
1256  (B) any conviction described in Subsection (3)(a)(iii)(A) for which judgment of
1257  conviction is reduced under Section 76-3-402; or
1258  (iv) a third degree felony if the bodily injury is serious bodily injury; and
1259  (b) a separate offense for each victim suffering bodily injury as a result of the actor's
1260  violation of this section, regardless of whether the injuries arise from the same
1261  episode of driving.
1262     (4) An actor is not guilty of negligently operating a vehicle resulting in injury under
1263  Subsection (2)(b) if:
1264  (a) the controlled substance was obtained under a valid prescription or order, directly
1265  from a practitioner while acting in the course of the practitioner's professional
1266  practice, or as otherwise authorized by Title 58, Occupations and Professions;
1267  (b) the controlled substance is 11-nor-9-carboxy-tetrahydrocannabinol; or
1268  (c) the actor possessed, in the actor's body, a controlled substance listed in Section
1269  58-37-4.2 if:
1270  (i) the actor is the subject of medical research conducted by a holder of a valid license
1271  to possess controlled substances under Section 58-37-6; and
1272  (ii) the substance was administered to the actor by the medical researcher.
1273     (5)(a) A judge imposing a sentence under this section may consider:
1274  (i) the adult sentencing and supervision length guidelines, as defined in Section
1275  63M-7-401.1;
1276  (ii) the defendant's history;
1277  (iii) the facts of the case;
1278  (iv) aggravating and mitigating factors; or
1279  (v) any other relevant fact.
1280  (b) The judge may not impose a lesser sentence than would be required for a conviction
1281  based on the defendant's history under Section 41-6a-505.
1282  (c) The standards for chemical breath analysis under Section 41-6a-515 and the
1283  provisions for the admissibility of chemical test results under Section 41-6a-516
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1284  apply to determination and proof of blood alcohol content under this section.
1285        (d) A calculation of blood or breath alcohol concentration under this section shall be
1286  made in accordance with Subsection 41-6a-502(3).
1287        (e) Except as provided in Subsection (4), the fact that an actor charged with violating
1288  this section is or has been legally entitled to use alcohol or a drug is not a defense.
1289        (f) Evidence of a defendant's blood or breath alcohol content or drug content is
1290  admissible except if prohibited by the Utah Rules of Evidence, the United States
1291  Constitution, or the Utah Constitution.
1292        (g) In accordance with Subsection 77-2a-3(8), a guilty or no contest plea to an offense
1293  described in this section may not be held in abeyance.
1294    (6)(a) A judge imposing a sentence under this section shall designate the defendant as an
1295        interdicted person, as that term is defined in Section 32B-1-102, for a period of time
1296        not to exceed the probationary period, unless the court finds good cause to order a
1297        shorter or longer time.
1298        (b) If a court designates a person as an interdicted person as provided in Subsection
1299  (6)(a), the court shall:
1300  (i) require the person to surrender the person's Utah identification card or Utah driver
1301  license;
1302  (ii) notify the Driver License Division that the person is an interdicted person; and
1303  (iii) provide the person's identification card or driver license to the Driver License
1304  Division.
1305  Section 12. Section 76-5-207 is amended to read:
1306  76-5-207 (Effective upon governor's approval). Automobile homicide -- Penalties
1307    -- Evidence.
1308    (1)(a) As used in this section:
1309  (i) "Controlled substance" means the same as that term is defined in Section 58-37-2.
1310  (ii) "Criminally negligent" means the same as that term is described in Subsection
1311  76-2-103(4).
1312  (iii) "Drug" means:
1313  (A) a controlled substance;
1314  (B) a drug as defined in Section 58-37-2; or
1315  (C) a substance that, when knowingly, intentionally, or recklessly taken into the
1316  human body, can impair the ability of an individual to safely operate a vehicle.
1317  (iv) "Negligent" or "negligence" means simple negligence, the failure to exercise that
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 H.B. 59  Enrolled Copy
1318  degree of care that reasonable and prudent persons exercise under like or similar
1319  circumstances.
1320  (v) "Vehicle" means the same as that term is defined in Section 41-6a-501.
1321  (b) Terms defined in Section 76-1-101.5 apply to this section.
1322     (2) An actor commits automobile homicide if the actor:
1323  (a)(i) operates a vehicle in a negligent or criminally negligent manner causing the
1324  death of another individual; and
1325  (ii)(A) has sufficient alcohol in the actor's body such that a subsequent chemical
1326  test shows that the actor has a blood or breath alcohol concentration of .05
1327  grams or greater at the time of the test;
1328  (B) is under the influence of alcohol, any drug, or the combined influence of
1329  alcohol and any drug to a degree that renders the actor incapable of safely
1330  operating a vehicle; or
1331  (C) has a blood or breath alcohol concentration of .05 grams or greater at the time
1332  of operation; or
1333  (b)(i) operates a vehicle in a criminally negligent manner causing death to another;
1334  and
1335  (ii) has in the actor's body any measurable amount of a controlled substance.
1336     (3) Except as provided in Subsection (4), an actor who violates Subsection (2) is guilty of:
1337  (a) a second degree felony, punishable by a term of imprisonment of not less than five
1338  years nor more than 15 years; and
1339  (b) a separate offense for each victim suffering death as a result of the actor's violation
1340  of this section, regardless of whether the deaths arise from the same episode of
1341  driving.
1342     (4) An actor is not guilty of a violation of automobile homicide under Subsection (2)(b) if:
1343  (a) the controlled substance was obtained under a valid prescription or order, directly
1344  from a practitioner while acting in the course of the practitioner's professional
1345  practice, or as otherwise authorized by Title 58, Occupations and Professions;
1346  (b) the controlled substance is 11-nor-9-carboxy-tetrahydrocannabinol; or
1347  (c) the actor possessed, in the actor's body, a controlled substance listed in Section
1348  58-37-4.2 if:
1349  (i) the actor is the subject of medical research conducted by a holder of a valid license
1350  to possess controlled substances under Section 58-37-6; and
1351  (ii) the substance was administered to the actor by the medical researcher.
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1352    (5)(a) A judge imposing a sentence under this section may consider:
1353  (i) the adult sentencing and supervision length guidelines, as defined in Section
1354  63M-7-401.1;
1355  (ii) the defendant's history;
1356  (iii) the facts of the case;
1357  (iv) aggravating and mitigating factors; or
1358  (v) any other relevant fact.
1359        (b) The judge may not impose a lesser sentence than would be required for a conviction
1360  based on the defendant's history under Section 41-6a-505.
1361        (c) The standards for chemical breath analysis as provided by Section 41-6a-515 and the
1362  provisions for the admissibility of chemical test results as provided by Section
1363  41-6a-516 apply to determination and proof of blood alcohol content under this
1364  section.
1365        (d) A calculation of blood or breath alcohol concentration under this section shall be
1366  made in accordance with Subsection 41-6a-502(3).
1367        (e) Except as provided in Subsection (4), the fact that an actor charged with violating
1368  this section is or has been legally entitled to use alcohol or a drug is not a defense.
1369        (f) Evidence of a defendant's blood or breath alcohol content or drug content is
1370  admissible except when prohibited by the Utah Rules of Evidence, the United States
1371  Constitution, or the Utah Constitution.
1372        (g) In accordance with Subsection 77-2a-3(8), a guilty or no contest plea to an offense
1373  described in this section may not be held in abeyance.
1374    (6) If, when imposing a sentence under this section, the court finds that it is in the interest
1375        of justice to suspend the imposition of prison, the court shall detail the finding on the
1376        record, including why a suspended prison sentence is in the interest of justice.
1377    (7) Notwithstanding Subsection (3)(a), the court may impose a sentence of not less than
1378        three years nor more than 15 years if the court details on the record why it is in the
1379        interest of justice.
1380    (8)(a) A judge imposing a sentence under this section shall designate the defendant as an
1381        interdicted person, as that term is defined in Section 32B-1-102, for a period of time
1382        not to exceed the probationary period, unless the court finds good cause to order a
1383        shorter or longer time.
1384        (b) If a court designates a person as an interdicted person as provided in Subsection
1385  (8)(a), the court shall:
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1386  (i) require the person to surrender the person's Utah identification card or Utah driver
1387  license;
1388  (ii) notify the Driver License Division that the person is an interdicted person; and
1389  (iii) provide the person's identification card or driver license to the Driver License
1390  Division.
1391  Section 13. Effective Date.
1392     (1) Except as provided in Subsection (2), this bill takes effect:
1393  (a) except as provided in Subsection (1)(b), May 6, 2026; or
1394  (b) if approved by two-thirds of all members elected to each house:
1395  (i) upon approval by the governor;
1396  (ii) without the governor's signature, the day following the constitutional time limit of
1397  Utah Constitution, Article VII, Section 8; or
1398  (iii) in the case of a veto, the date of veto override.
1399     (2) The actions affecting the following sections take effect on May 6, 2026:
1400  (a) Section 53-3-236 (Effective 05/06/26); and
1401  (b) Section 53-3-805 (Effective 05/06/26).
1402  Section 14. Retrospective operation.
1403     The following sections have retrospective operation to January 1, 2026:
1404     (1) Section 32B-1-407 (Effective upon governor's approval) (Applies beginning 01/01/26);
1405     (2) Section 32B-4-405 (Effective upon governor's approval) (Applies beginning 01/01/26);
1406  and
1407     (3) Section 32B-5-306 (Effective upon governor's approval) (Applies beginning 01/01/26).
1408  Section 15. Coordinating H.B. 59 with H.B. 597.
1409     If H.B. 59, Identification Verification Amendments, and H.B. 597, Alcohol
1410     Amendments, both pass and become law, the Legislature intends that, on May 6, 2026, the
1411     amendments to Section 32B-1-407 in H.B. 59 supersede the amendments to that section in H.B.
1412     597.
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