Download Zipped File WP 6.1 0716LAWM.ZIP 6,960 Bytes

Law Enforcement and Criminal Justice Interim Committee

MINUTES OF THE

LAW ENFORCEMENT AND CRIMINAL JUSTICE INTERIM COMMITTEE

July 16, 1997 - 2:00 p.m. - Room 416 State Capitol



Members Present:
    Sen. Michael G. Waddoups, Chair            Rep. David L. Gladwell
    Rep. Robert H. M. Killpack, Chair            Rep. Neal B. Hendrickson
    Sen. LeRay McAllister    Rep. David L. Hogue
    Rep. Perry L. Buckner    Rep. Carl R. Saunders
    Rep. Blake D. Chard        Rep. John E. Swallow
    Rep. Gary F. Cox

Members Absent:
    Sen. Pete Suazo        Rep. Susan J. Koehn
    
Staff Present:
    Ms. Chyleen A. Arbon, Research Analyst
    Ms. Susan Creager Allred, Associate General Counsel
    Ms. Nedra B. Duzett, Secretary

Note: A list of others present and a copies of materials distributed in the meeting are on file in the Office of Legislative Research and General Counsel.

1.    Committee Business - Rep. Killpack called the meeting to order at 3:03 p.m.

MOTION: Rep. Hogue moved to approve the minutes of the June 18, 1997 meeting. The motion passed unanimously.

2.    DUI Laws and Convictions - Ms. Chyleen Arbon, Research Analyst, distributed a flow chart outlining DUI offenses and administrative and criminal procedures under current law. After an individual is arrested for driving under the influence, the officer may attempt to administer a chemical test. If the driver refuses the test, but there is a preponderance of evidence, a civil procedure follows which could result in the revocation of the person's driver license for 12-18 months. If the driver is tested and the blood alcohol content is greater than or equal to .08, or the driver is incapable of safely operating a vehicle, a criminal procedure follows which could result in a Class A or B misdemeanor or a Third degree felony, and in either case revocation of license.

    Rep. Nora B. Stephens said she is part of a small DUI working group formed after the 1997 Legislative Session. Deputy Commissioner Ferris Groll of the Department of Public Safety is also a member of this group. Six major issues were identified which the workgroup felt needed to be addressed by the Legislature: 1) tougher DUI sanctions; 2) no jury trials; 3) driver license hearing procedures; 4) Portable Breath Test (PBT); 5) funding and technology issues; and 6) a method to monitor non-compliance.

    Rep. Stephens reviewed drafts on three bills designed to curb the problem of DUI and to protect innocent victims of DUI. In addition to the bill drafts, she spoke of a proposal for a bill on roadside PBT testing that has not yet been drafted. She said the proposed bills have been heard by the Justice Committee of the Utah Substance Abuse and Anti-Violence Coordinating Council and have received its unanimous support. The council also supported the concept of roadside PBT testing.

    The first proposed bill reviewed was Traffic Offense Trial Process. The proposed legislation would eliminate trial by jury in a Class B misdemeanor or infraction traffic offense, cutting court costs and bringing offenders to trial more quickly.

    The committee discussed the constitutionality of the bill. Ms. Susan Creager Allred, General Counsel for the committee, said a recent U.S. Supreme Court decision indicated that if the penalty was six months or less and the financial penalty was reasonably low, a jury was not required. Concerns were raised that the bill could reduce the penalty for a serious crime. Rep. Stephens said the Justice Committee was not interested in lowering fines but wanted to keep fines high as an important part of controlling DUI offenses. Currently 85 to 90 percent of DUI offenses have a bench trial in the state of Utah; however, many of these cases ask for a jury trial as a delay tactic.

MOTION: Rep. Swallow moved that the proposed legislation Traffic Offense Trial Process pass favorably as a committee bill. The motion passed unanimously.

    Rep. Stephens reviewed proposed legislation Impact of Driving Under the Influence on Drivers Licensing. This legislation was based on Maine's statute which has been effective particularly for repeat offenders. The proposed new legislation is a "not a drop" law for repeat offenders and addresses the concern that low levels of alcohol are difficult to accurately test. The bill establishes a conditional license for persons with prior DUI convictions and creates conditions and restrictions for conditional licenses. Licenses would be marked with a special code so that public safety officers would recognize the licensee as having a prior DUI conviction.

    Mr. Doug Brooks, Sandy City Police Department, recommended that the Motor Vehicle Department check people who are registering vehicles to make sure they have a valid driver license before they are given license plates for the vehicle. Also, anyone who allows someone else to drive his or her vehicle on a suspended driver license should be charged. Paul Boyden, representing the Prosecutor's Association, felt the concept of this legislation was one of the best ideas in the past few years and one that could really make a difference.

    Rep. Buckner said he supported the concept as a whole but was concerned that arresting officers do not have legal representation in the hearing process. He questioned hearing officers'

qualifications in terms of their knowledge of rules of evidence and felt it was an issue that has hurt in actually revoking licenses. Rep. Stephens said she is working on legislation concerning the hearing process. She asked committee members interested in this issue to give input on how the proposal could be changed.

    Rep. Killpack asked the committee to indicate its approval for Rep. Stephens pursuit of the proposed legislation. Committee members were unanimous in their approval.

    Rep. Stephens told the committee of a proposal she is working on to authorize law enforcement officers to administer preliminary breath tests on reasonable belief that a driver has alcohol in the body prior to making an arrest. Twenty-five states allow a PBT, and officers have found it helps make the decision whether or not to actually make an arrest. If an individual refuses the test, there would be administrative sanctions. The proposed bill would authorize a PBT test before the arrest rather than after, as the law now requires.

    Col. Richard Greenwood, Utah Highway Patrol, distributed copies of Section 76-5-206 and 76-5-207, Automobile Homicide Code. He said that the recent changes in this statute are creating problems for the Highway Patrol. Under Section 76-5-207, when an officer investigates a serious traffic accident and it appears that alcohol is involved, the trooper withdraws alcohol from the individual and makes an arrest under DUI 41-6-44.1. If the party involved in the accident later dies, it falls into the category of automobile homicide. Col. Greenwood said the evidence that is obtained by law enforcement officials is being thrown out of court because it was obtained under DUI and not automobile homicide. The way the statute was worded in 1992, Section 76-5-206, the officer only had to have reason to believe the victim would die. The Highway Patrol and the Department of Public Safety recommended the statute be changed back to the way it was worded in 1992.

    Col. Greenwood said statistics from the Driver License Division indicate there are 9,066 drivers currently on suspension or revocation because of an alcohol or drug related offense who have four or more DUI arrests. He said one individual had 23 DUI convictions. He noted that a member of his staff, Sgt. Judy Hamaker, was attending a conference in Chicago to address DUI problems, and one of the areas being addressed was how to take swift action against DUI drivers. He suggested swift attention and swift punishment would change some of the behavior of these individuals. Col. Greenwood said he would like to return to the interim committee with specific recommendations in this area. One problem he noted was that the courts have a backlog problem. He said he would talk with people in the Attorney General's Office and in other police departments.

    Rep. Buckner asked about H.B. 58 which required officers to remove the license plates of vehicles and return them to Motor Vehicle Division. He said he had received complaints from officers and county clerks who have had difficulty in handling the administration of the law.

Col. Greenwood said they had a problem with the forms, but they have corrected the procedure to get this implemented. He felt it was premature to give an opinion on how well it was working.
Viola Bodrero, Utah Tax Commission, said it has taken time to work out the administrative part of this law. She said there is still a loophole, and they are still seeing transfer of vehicle ownership. If someone else brings the title in to re-register the car he or she has the right to do so. Rep. Buckner felt that an entire family is punished when a person arrested for DUI is required to surrender license plates.

MOTION: Rep. Hendrickson moved to instruct staff to draft legislation to handle the discrepancy in the automobile homicide code. The motion passed unanimously.

    Chief Dennis J. Nordfelt, West Valley City and Vice President of Utah Police Chiefs, said three things greatly impact criminal behavior in our society: 1) the likelihood of being apprehended; 2) the likelihood of being successfully prosecuted; and 3) significant punishment. He said that anything the committee can do to improve the likelihood of apprehension, increase the swiftness and sureness of prosecution, and increase the penalty of driving under the influence of alcohol would be productive in dealing with this issue. He said the opportunity that law enforcement officers have of locking people up if they are arrested for driving under the influence of alcohol is more effective than a monetary fine. He asked the committee to look for opportunities to increase bed space for jails. Chief Nordfelt said DUI is the most serious crime in West Valley City and challenged anyone to find a crime that results in more people being killed and injured and more property lost than does the crime of driving under the influence of alcohol. It is not an insignificant, lesser offense. He supported Rep. Stephens bill that would require anyone to have a conditional driver license if they had a previous conviction for DUI. He said there should be no tolerance for people to drive any time with a measurable amount of alcohol in their blood. He said this may be extreme, but perhaps the time has come to consider driving under the influence a serious crime.

    Deputy Sheriff Michael S. Leary, Special Operations Division, Salt Lake County, echoed the sentiments of Col. Greenwood and Chief Nordfelt. He felt that the fear the impaired driver has of being arrested is a big issue. He said there are 54,000 people that reside in Salt Lake County who currently have their driver license suspended for any reason. He felt that the proposed legislation was on the right track to deal with these issues. He felt that zero tolerance is the right way.

    Rep. Hogue asked if a special license plate to identify DUI drivers had been considered. The committee discussed various ways and means of finding and punishing DUI drivers. Committee members felt that what is being done is not working and something more needs to be done. Sen. Waddoups asked if there were statistics showing the demographics of DUI drivers by age, sex, and background. Mr. Bart Blackstock said he would provide further information.

3.    Adjourn: MOTION: Rep. Saunders moved to adjourn the meeting at 4:45 p.m.

[Back to the Interim Directory][Back to the Monthly Schedule][Back to the Committee Listing] Utah State Legislature