Table Of Contents Executive Summary - Utah State Legislature

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CRIMINAL CODE EVALUATION TASK FORCE2018 FINAL REPORTExecutive SummaryTable of ContentsExecutive Summary .1Task Force Members .2Background . .2Areas of Study . . .3Aggravated Murder . 3Domestic Violence .4Driving Under the Influence .4Drug Sentencing .4Expungement .4Sex Offenses and the Sex OffenderRegistry .4Tax Fraud .5Legislation andRecommendations . .5Master Offense List Evaluation .5Prostitution and Solicitation .6Future Legislation 6Future Areas of Study 7Appendixes .8Appendix A .8Appendix B .9Appendix C 11Appendix D 14Appendix E 15Appendix F 18During the 2018 General Session, Senate Bill 30 (S.B. 30),“Aggravated Murder Amendments,” created the 15-membermixed Criminal Code Evaluation Task Force to “review the state’scriminal code and make recommendations regarding the properclassification of crimes by degrees of felony and misdemeanor.”The task force is statutorily required to report to the LawEnforcement and Criminal Justice Interim Committee and theLegislative Management Committee before November 30, 2018.Beginning in July 2018, the task force held six meetings to explorethe effectiveness of current criminal penalties in the Utah Codeand to discuss potential changes relating to the following studyareas: aggravated murder;domestic violence;driving under the influence;drug sentencing;expungement;sex offenses and the sex offender registry; andtax fraud.In addition to discussions relating to the above study areas, thetask force received recommendations from other members of thepublic and a working group that was formed within the task forceto evaluate and recommend changes to criminal penalties.Based on the presentations, recommendations, and deliberationsand discussions by task force members, the task forcerecommends draft legislation, “Criminal Code Task ForceAmendments,” which modifies certain criminal offenses andpenalties. Representative Paul Ray, Chair, will serve as the chiefsponsor of the legislation and Senator Karen Mayne, Chair, willserve as the floor sponsor through the 2019 General Session. Thetask force acknowledges the need for additional research aboutcertain subjects and intends to continue its work in the 2019Interim with the goal of providing recommendations for changeswithin the Utah Criminal Code.OFFICE OF LEGISLATIVE RESEARCH AND GENERAL COUNSEL

2Task Force MembersPer S.B. 30, the task force is comprised of 15 members, including three members of the Senate appointedby the president of the Senate, three members of the House of Representatives appointed by the speakerof the House of Representatives, and a representative from the Commission on Criminal and JuvenileJustice, the Utah Sentencing Commission, the Utah Judicial Council, the Utah Prosecution Council, theUtah Department of Corrections, the Utah Department of Public Safety, the Utah Office for Victims ofCrime, an association of criminal defense attorneys, and an association of victim advocates. In accordancewith these requirements, the following members were appointed to serve on the task force: Senator Karen Mayne, ChairRepresentative Paul Ray, ChairSenator Lyle W. HillyardSenator Daniel W. ThatcherRepresentative Eric K. HutchingsRepresentative Mark A. WheatleyMr. Steve Burton, Utah Association of Criminal Defense LawyersMr. Will Carlson, Utah Prosecution CouncilMs. Kim Cordova, Utah Commission on Criminal and Juvenile JusticeMr. Mike Haddon, Utah Department of CorrectionsMs. Jacey Skinner, Utah Judicial CouncilMr. Dee Smith, Utah Office for Victims of CrimeMaj. Scott Stephenson, Utah Department of Public SafetyMr. Marshall Thompson, Utah Sentencing CommissionMr. Travis Wood, Utah People Not PrisonsBackgroundSentencing PrinciplesDuring the first task force meeting, the Sentencing Commission presented information relating to the legaland policy values that impact criminal sentencing to provide context for the task force responsibilities. TheSentencing Commission noted that criminal sentencing must comply with the Eighth Amendment’sprohibition against “cruel and unusual punishment,” which requires the “punishment to fit the crime,” aswell as the constitutional requirements of due process and equal protection to ensure that criminalpunishments are fundamentally fair and treat similarly situated individuals equally.The Sentencing Commission further explained certain policy objectives that inform whether behaviorshould be considered criminal and, if so, how the punishment for the behavior should be determined,including: (1) preservation of public safety; (2) deterrence of criminal behavior; (3) rehabilitation ofoffenders; (4) restitution to victims; and (5) retribution. While these objectives may coexist, conflicts oftenarise depending on the type of offense and the underlying goals. These legal and policy values provided afoundation for task force discussions.

3Indeterminate Sentencing StructureUtah currently employs what is known as an “indeterminate sentencing structure.” The indeterminatesentencing structure requires the following penalties be applied to the following crime classificationsunless a statute clearly provides an alternative period of imprisonment or fine:ClassificationFirst degree felonySecond degree felonyThird degree felonyClass A misdemeanorClass B misdemeanorClass C misdemeanorInfractionImprisonment PeriodFive years to lifeOne to 15 yearsUp to five yearsUp to one yearUp to six monthsUp to 90 daysNoneFineUp to 10,000Up to 10,000Up to 5,000Up to 2,500Up to 1,000Up to 750Up to 750The task force worked within the above structure when determining classification and punishment ofcrimes.The Master Offense ListPer Utah Code Subsection 63M-7-405(4), the Sentencing Commission is required to compile a “MasterOffense List” each year that includes a list of all criminal offenses that exist in statute and the associatedpenalty. A copy of the Master Offense List was distributed and discussed during the first task forcemeeting to provide context for the number and types of crimes included in the Utah Code. A copy of the2018 Master Offense List can be found at the task force’s web page.Areas of StudyDuring the first meeting, task force members discussed items in the Utah Criminal Code that poseenforcement challenges or require clarification or further study. The task force chairs then compiled a listof suggested study items (see Appendix A) and identified seven items for study during the 2018 Interim,which were discussed as follows: Aggravated MurderTask force staff presented information relating to Utah’s current aggravated murder statute,including the constitutionality of aggravating factors and their impact on application of the deathpenalty, and provided a comparison of Utah’s aggravated murder statute with other similar statestatutes. An overview of this presentation is included in Appendix B.The Office of the Attorney General provided comment to the task force suggesting that because anaggravated murder sentence is applied infrequently a successful challenge to the constitutionalityof Utah’s statute appears unlikely. The task force received comment from the Salt Lake LegalDefender Association relating to the Utah case law that indicates a potential constitutional

4challenge is feasible. The task force further discussed modifying the current statute to eradicateaggravating factors that are redundant. Domestic ViolenceTask force members discussed current provisions and penalties in the Utah Code relating todomestic violence. The president of the Chiefs of Police Association provided comment relating tothe difficulties law enforcement faces given the nature of domestic violence between intimatepartners and the frequency with which domestic violence occurs (an estimated 15,000 court casesin Utah were related to domestic violence in 2017). The task force discussed a possible increase inpenalty for class B misdemeanor offenses that are the result of domestic violence. Driving Under the Influence (DUI)The Department of Public Safety and the Substance Abuse Advisory Council presented informationto the task force relating to effective sentencing for DUI offenders, the federal requirements andpenalties for DUI repeat offenders, the current DUI sentencing scheme in Utah (see Appendix C),and recommendations for statutory changes, including: (1) mandating a 48 consecutive hour jailsentence for a first DUI offense and eliminating the option for 48 hours compensatory service; and(2) permitting the use of new DUI offender monitoring technologies. The task force discussed thepros and cons of a mandatory 48-hour jail sentence and further discussed the use of newtechnologies to monitor sobriety of DUI offenders and increased treatment opportunities for DUIoffenders. Drug SentencingThe task force received a presentation from the Sentencing Commission on the history of andcurrent guidelines for drug sentencing in the state and the current research available relating todrug sentencing effectiveness since the 2015 Justice Reinvestment Initiative (JRI) (see Appendix Dfor data relating to the effect of JRI on the Utah prison population and public safety). TheSentencing Commission provided the task force recommendations for approaching drug sentencingand indicated recent drug sentencing reforms are working effectively. ExpungementThe task force received comment from the Utah Department of Commerce on the degree to whichexpunged criminal records are considered in professional licensing decisions. The task forcedirected the Department of Commerce to compile and provide the task force a report that includesrecommended changes to punishments that impact licensing restrictions.The task force also discussed the difficulties in applying current penalty enhancements when anoffender commits multiple domestic violence offenses in different jurisdictions. Sex Offenses and the Sex Offender RegistryThrough public comment and task force presentations, questions arose relating to sex offensestatutes and sex offender registry requirements. In the legislation included as Appendix F and

5described below, the task force recommends certain modifications to penalties for “sexting” and forfailure to properly register as a sex offender. The task force also discussed the possibility ofamending the statutes relating to sexual exploitation of a minor to make a distinction between thepossession or viewing of child pornography and the production or distribution of child pornography. Tax FraudDue to a request during public comment, the task force examined the prevalence of violations topayroll tax and minimum wage laws in certain industries. As part of this discussion, the task forcereceived comment from the State Tax Commission, the Office of the Attorney General, the InternalRevenue Service, and the Labor Commission. The task force focused on the possible utility ofincreasing penalties to curb tax fraud violations and identifying which entities should be heldresponsible for abuses. As part of their report (see Appendix E), the Master Offense List workinggroup recommended that the penalty for repeated violations of the Minimum Wage Act should bechanged to increase with each offense, a change the task force recommends as part of the taskforce legislation.Legislation and RecommendationsThe task force voted unanimously, with two members absent, to recommend the draft legislation includedin Appendix F, titled “Criminal Code Task Force Amendments,” as a task force bill. Representative PaulRay, Chair, will serve as the bill’s chief sponsor and Senator Karen Mayne, Chair, will serve as the bill’sfloor sponsor. As described below, the bill includes statutory changes relating to prostitution andsolicitation and changes stemming from the Master Offense List Evaluation completed by the informalworking group.During the most recent meeting, the task force discussed future study items and received additionalrecommendations from task force members and representatives from the Statewide Association ofProsecutors and Public Attorneys (SWAP). In response to the recommendations, the task force elected toopen a second task force bill, which is further described below.Master Offense List EvaluationThe task force created an informal working group comprised of task force members Steve Burton, WillCarlson, and Dee Smith to review the Master Offense List. Mr. Burton and Mr. Carlson presentedrecommendations based on their review of the list, which included statutory changes both agreed wereneeded, statutes and subject areas both agreed were inconsistent and should be studied further, andstatutes and subject areas they did not agree required a change. The handout describing the research byMr. Burton and Mr. Carlson is included in Appendix E.Based on Mr. Burton and Mr. Carlson’s presentation, the task force recommends, as part of the “CriminalCode Task Force Amendments” bill, the changes the presenters agreed should be made, including: reduction of the penalty for obstructing Alcoholic Beverage Control investigations under Section32B-4-505 from a second degree felony to a class A misdemeanor to be consistent with the offenseof obstruction of a criminal investigation under Section 76-8-306;

6 reduction of the mandatory minimum sentence for failure to properly register as a sex offenderunder Section 77-41-107 from 90 days in jail to 30 days in jail; modification to the penalty for theft of livestock under Section 76-6-412 to reflect the monetaryvalue of the livestock stolen, as is the case for other stolen property; extension of current “Romeo and Juliet laws” to sexting under Section 76-10-1206 by mirroring thepenalties applied to consensual sex between a minor aged 16 or 17 and a young adult underSection 76-5-401.2; modification of the indefinite penalty enhancement for felony theft under Section 76-6-412 to applyfor a ten-year window; repeal of penalties associated with consensual sodomy, Subsection 76-5-403(1), and adultery,Section 76-7-103, which are unconstitutional as a result of Lawrence v. Texas, 539 U.S. 558(2003); increase of the penalty for the offense of rendering a dead body unavailable for postmorteminvestigation under Section 26-2-18.5 from a class B misdemeanor to a third degree felony to beconsistent with the penalty for intentionally and unlawfully moving a dead body under Section 76-9704; and modification of the penalty for violations of the Minimum Wage Act under Section 34-40-204 toincrease with each offense.Prostitution and SolicitationDuring a task force meeting, a representative from the Magdalene Collective provided comment to thetask force relating to protection for sex workers who are victims of a crime and fear coming forward due topossible prosecution for prostitution or sexual solicitation. Based on the presentation and additional staffresearch, the task force recommends as part of the “Criminal Code Task Force Amendments” bill thatchanges be made to the prostitution and sexual solicitation statutes to provide criminal immunity for a sexworker who witnesses or is a victim of a crime and reports the crime to law enforcement in good faith.Future LegislationAs noted above, the task force voted unanimously to open a second task force bill to address certainchanges to criminal penalties based on comments by task force members and SWAP. The bill is expectedto amend statutes relating to: drug production and distribution penalties;marriage permit violations;electronic communications harassment; andvehicle theft.

7The task force intends to consider a draft of the bill before the 2019 General Session.Future Areas of StudyIn addition to the items likely to be addressed by task force legislation, the task force expects to revisitcertain subject areas and discuss additional items, including: aggravated murder;forgery;domestic violence penalty enhancements;surcharges;mandatory DUI jail sentences;criminal penalties that impact professional licensing;child pornography; andsuggestions made by the Master Offense List working group not addressed in the task forcelegislation.The task force also received comment regarding possible changes to pleas in abeyance and the statutoryauthority of U.S. Immigration and Customs Enforcement to hold a prisoner for additional time after theprisoner’s sentence is complete. As the purpose of the task force is to evaluate misdemeanor and felonypenalties, the chairs note these items in this report as possible study items for the Law Enforcement andCriminal Justice Interim Committee during the 2019 interim.

8Appendix AStudy ItemsDuring the first meeting, task force members discussed items in the Utah Criminal Code that poseenforcement challenges or require clarification or further study. These responses were compiled andtallied to track the frequency of each recommendation. The task force chairs then considered all itemsrecommended by at least two task force members and prioritized them for study based on the purpose ofthe task force. The table below depicts the nine items that received more than one recommendation andincludes the number of task force members that suggested each item.POTENTIAL STUDY ITEMDrug SentencingCollateral Consequences of IncarcerationDomestic Violence OffensesExpungementSex Offender RegistryBail/Risk Assessment ToolsDUI PenaltiesMandatory IncarcerationWhite Collar Crime/Penalty ProportionalityOCCURRENCE433332222

9Appendix BUtah’s Aggravated Murder Statute: CurrentLaw, Context, and CriticismsAn individual may be charged with aggravated murder if the individual commits a murder under any of the“aggravating” circumstances described in Section 76-5-202 of the Utah Code. An aggravated murderconviction is the only conviction in the Utah Code that may result in the death penalty.Relevant Case LawA series of United States Supreme Court decisions guide the current statutory framework in Utah and otherstates with a death penalty statute. In the case Furman v. Georgia, 408 U.S. 238 (1972), the SupremeCourt examined Georgia and Texas statutes that provided prosecutors and jurors discretion to determinewhether a defendant was death eligible. The Court found the statutes were arbitrarily and inconsistentlyapplied and ultimately violated the Eighth and Fourteenth Amendments. This effectively invalidatedapproximately 40 state death penalty statutes at the time.Following Furman, states modified their death penalty related statutes, many creating a list of aggravatingfactors that must be considered before the death penalty could be imposed. The Supreme Court furtherexpanded on the constitutionality of such an approach by finding that aggravating factors help “narrowlydefine” those cases where the death penalty may be applied and provide guidance to prosecutors andjuries. See generally, Gregg v. Georgia, 428 U.S. 153 (1976); Zant v. Stephens, 462 U.S. 862 (1983).Based on the “arbitrary and inconsistent” language stemming from Furman, the constitutionality ofstatutes that include many aggravating factors such that all murders in the state would be considereddeath eligible have been called into question over the years. See, e.g., State v. Young, 853 P.2d 327 (Utah1993) (Durham, J., dissenting).Aggravating FactorsPer Utah Code Section 76-3-207, the same aggravating factors that result in an aggravated murder chargemay be considered at sentencing, in addition to any other factors the court deems relevant. There areapproximately 19 aggravating factors that may be considered in Utah, including: the homicide was committed by an individual confined in a jail or correctional institution;the homicide was committed for pecuniary gain;the homicide was committed to avoid or prevent an arrestthe homicide was committed in an “especially heinous, atrocious, cruel, or exceptionally depravedmanner” demonstrated by physical torture or serious physical abuse or bodily injury.In a 2017 report by the Commission on Criminal and Juvenile Justice Death Penalty Working Group, it wasreported that over 60 circumstances may qualify for the death penalty in Utah based on the aggravatingfactors in statute.

10Mitigating FactorsIn addition to aggravating factors, Utah Code Section 76-3-207 provides that mitigating factors may bebrought up during sentencing for a conviction of aggravated murder, including: the defendant’s lack of criminal history;the defendant’s mental or emotional disturbance;whether the defendant acted under duress;the defendant’s capacity;the defendant’s age; andthe defendant’s minor role in the offense.Per the statute, the above list is not exhaustive and any other mitigating factors the court deems relevantmay also be considered.Aggravating Factors in the StatesThe following is a summary of the number of aggravating factors those states with the death penaltyinclude in their aggravated murder statutes:Utah falls into the “16 or more” classification, which places it among those states that have the highestnumber of aggravating factors in statute. However, Utah ranks 24th out of 31 states for the highestnumber of inmates on death row. In addition, the last execution in Utah was in 2010 and the last deathsentence was in 2015.

11Appendix CDUI Sentencing Matrix

UTAH DUI SENTENCING a-503)(Current as of May 8, 2018)MISDEMEANOR DUIFIRST OFFENSESECOND OFFENSEWITHIN 10 YEARSFELONY DUICLASS B MISDEMEANORCLASS B MISDEMEANORCLASS A MISDEMEANOR:CLASS A MISDEMEANOR: if bodily injury if passenger is under 16 if passenger is under 18and driver is 21 or older if driving in the wrongdirection on a freeway orcontrolled-access highway if bodily injury1 if passenger under 16 if passenger is under 18and driver is 21 or older if driving in the wrong directionon a freeway or controlledaccess highwayJail(§41-6a-505)SHALL order:48 consecutive hours OR48 hours compensatoryServiceSHALL order:240 hours (10 days) OR120 hours (5 days) AND720 consecutive hours(30 days) electronichomeconfinement2 that includessubstance abuse testingSHALL order:0-5 year prison term OR1,500 hours jail (62.5 days)Fine, Surcharge,and CourtSecurity ducationalSeries, andTreatment(§41-6a-505)SHALL order: 700 minimum fine plus a 630 surcharge plus a 50 court security feeSHALL order: 800 minimum fine plus a 720 surcharge plus a 50 court security feeSHALL order: 1,500 minimum fine plus a 1,350 surcharge plus a 50 court security fee, unlessa 0-5 prison term is imposedSHALL order: Screening Assessment (if foundappropriate by screening) Educational series, unlesstreatment is orderedMAY order: TreatmentSHALL order: Screening Assessment (if foundappropriate by screening) Educational series, unlesstreatment is orderedMAY order: TreatmentSHALL order: Screening Assessment Treatment as appropriate,unless 0-5 prison term isimposed Supervised probation, unless0-5 prison term is not terlock4(§41-6a-518)(§41-6a-530)MAY order supervisedprobationSHALL order supervisedprobationSHALL order supervisedprobation if 0-5 prison term is notimposedMAY order: Ignition interlockSHALL order: Interlock if under 21 Interlock for an ARD 5violation OR describe on therecord why such order notappropriateSHALL order: Ignition interlockSHALL order: Interlock if under 21 Interlock for an ARD5 violationOR describe onthe record why such ordernot appropriateSHALL order: Ignition interlockSHALL order: Interlock if under 21 Interlock for an ARD5violation OR describe onthe record why such ordernot appropriateHigh BAC(.16 or higher)(§41-6a-505)SHALL order: Supervised probation Treatment and interlockand/or ankle attachedcontinuous transdermalalcohol monitoring deviceand/or electronic homeconfinement OR describeon the record why suchorder(s) not appropriateCourt MAY order additional 90days, 120 days, 180 days, oneyear or 2 yearsSHALL order: Supervised probation Treatment and interlock and/orankle attached continuoustransdermal alcohol monitoringdevice and/or electronic homeconfinement OR describe onthe record why such order(s)not appropriateSHALL order: Supervised probation if 0-5prison term is not imposed Treatment and interlock and/orankle attached continuoustransdermal alcohol monitoringdevice and/or electronic homeconfinement OR describe onthe record why such order(s)not appropriateCourt MAY order additional 90days, 120 days, 180 days, oneyear or 2 yearsCourt MAY order additional 90days, 120 days, 180 days, oneyear or 2 years1Driver LicenseSuspension(§41-6a-509)THIRD DEGREE FELONY if third or subsequent offensewithin 10 years if serious bodily injury1 if any prior felony DUIconviction1 or automobilehomicide conviction1A person is guilty of a separate offense for each victim suffering bodily injury, serious bodily injury or death, whether or not the injuries arise from the same episode of driving.See §41-6a-506 for electronic home confinement provisions.Supervised probation is also required for all violations of §41-6a-517 (driving with any measurable controlled substance or metabolite in the body).4Adoption of the ignition interlock restricted driver (IRD) provision (§41-6a-518.2) does not change the obligation of judges to impose interlock as a condition of probation.Note: If a person’s violation of Section 41-6a-502 does not involve alcohol, the requirement to order ignition interlock does not apply.5ARD Alcohol Restricted Driver.23

The following statutory provisions also apply to DUI offenders, although they do not require acourt order. Failure to comply carries additional criminal sanctions.SECOND OR SUBSEQUENTStatutoryFIRST OFFENSEOFFENSES WITHIN 10 YEARSProvisionsDriver License Denial, Suspension, or RevocationDriving Under theIf 21 or older: 120 daysInfluence/ DUIIf 19-20: Longer of one year or until 21stConvictionbirthday(§41-6a-509)If under 19: Until 21st birthdayIf 21 or older: 2 yearsIf 19-20: Longer of 2 years or until 21st birthdayIf under 19: Until 21st birthdayEarly License Reinstatement for Drivers Under 21:Court may order shortening of the suspension period after 6months if the person completes a screening; completes anassessment if appropriate; completes an education series orsubstance abuse treatment, as deemed appropriate by the court;has not been convicted of a violation of a motor vehicle lawduring the suspension period; has complied with all terms ofprobation or all court orders if not ordered to probation; andprovides a sworn statement to the court that the person has notunlawfully consumed alcohol during the suspension period.Driving withControlledSubstance/Metabolite in BodyConviction(§41-6a-517)If 21 or older: 120 daysIf 19-20: Longer of one year or until 21stbirthdayIf under 19: Until 21st birthdayRefusal of ChemicalTest(§41-6a-521)If 21 or older: 18 monthsIf under 21: Longer of 2 years or until 21stbirthdayIf 21 or older: 36 monthsIf under 21: Longer of 36 months or until 21stbirthdayPer se Arrest(§53-3-223)If 21 or older: 120 daysIf under 21: 6 monthsIf 21 or older: 2 yearsIf under 21: Longer of 2 years or until 21st birthdayIf under 21: Until successful completion ofsubstance abuse program recommendation,but not less than 6 monthsIf under 21: Until successful completion ofsubstance abuse program recommendation, andthe longer of 2 years or until 21st birthday .08 BAC, impaired to degreeunsafe to drive, operating withmetabolite of drug in systemNot A Drop(§53-3-231)A person under 21 may notoperate a vehicle or motorboatwith detectable alcohol in bodyIf 21 or older: 2 yearsIf 19-20: Longer of two years or until 21stbirthdayIf under 19: Until 21st birthdayEarly License Reinstatement for Drivers Under 21:Same as above, but sworn statement must include the personhas not consumed a controlled substance not prescribed by apractitioner during the suspension period.Failure to Install orRemoval of IgnitionInterlock Device(§53-3-1007)Other SanctionsA person who is an interlock restricted driver (IRD) shall have their driving privilege suspended until theyhave had an, interlock device installed in their vehicle. If the interlock device is removed prior to the endingdate of the interlock restriction period, the driver license shall be re-suspended until an interlock device isre-installed. This suspension may be imposed in addition to other license sanctions as listed above.IRD – InterlockRestricted Driver 18 months IRD for 1 DUI (§41-6a-502) if over 21st 3 years IRD for 1 Driving Without Ignition Interlock Device if IRD (§41-6a-518.2), Refusal to Submit tostChemical Test (§41-6a-521), or 1 DUI (§41-6a-502) if under 21 3 years IRD for a combination of two of the following within 10 years: DUI (§41-6a-502), Refusal toSubmit to Chemical Test (§41-6a-521), Controlled Substance/Metabolite (§41-6a-517), Alcohol-RelatedReckless (§41-6a-512 – only violations prior to July 1, 2008), Impaired Driving (§41-6a-502.5), Drivingwith Controlled Substance/Bodily Injury or Death (§58-37-8(2)(g)), or Automobile Homicide (§76-5-207) 6 years IRD for Felony DUI (§41-6a-502) 10 years IRD for Automobile Homicide (§76-5-207)(§41-6a-518.2)An “interlock restricted driver”may not operate a motor vehiclewithout an ignition interlocksystem.stNote: If a person’s violation of Section 41-6a-502 does not involve alcohol, or if all offenses are for metabolite convictions under Section 41-6a-517(no alcohol involved), IRD does not apply.ARD – AlcoholRestricted Driver(§41-6a-529)An “alcohol restricted driver” maynot operate or be in actualphysical control of a vehicle withany measurable or detectableamount of alcohol in the person’sbody. 2 years ARD for 1 DUI (§41-6a-502), Alcohol-Related Reckless (only violations prior to July 1, 2008), orImpaired Driving (§41-6a-

Mr. Steve Burton, Utah Association of Criminal Defense Lawyers Mr. Will Carlson, Utah Prosecution Council Ms. Kim Cordova, Utah Commission on Criminal and Juvenile Justice Mr. Mike Haddon, Utah Department of Corrections Ms. Jacey Skinner, Utah Judicial Council Mr. Dee Smith, Utah Office for Victims of Crime

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