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Third Substitute H.B. 106
Representative Blake D. Chard proposes to substitute the following bill:
1
TRAFFIC STOPS STATISTICS
2
2000 GENERAL SESSION
3
STATE OF UTAH
4
Sponsor: Duane E. Bourdeaux
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AN ACT RELATING TO PUBLIC SAFETY; REQUIRING RACE INFORMATION TO BE
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ADDED TO THE DRIVER LICENSE AND STATE IDENTIFICATION CARD;
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ESTABLISHING A DATABASE WITHIN THE DRIVER LICENSE DIVISION TO MONITOR
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TRAFFIC STOPS BY LAW ENFORCEMENT OFFICERS; REQUIRING LAW
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ENFORCEMENT AGENCIES TO HAVE A WRITTEN POLICY PROHIBITING
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UNCONSTITUTIONAL TRAFFIC ENFORCEMENT; AND PROVIDING AN EFFECTIVE
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DATE.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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10-3-913, as last amended by Chapter 44, Laws of Utah 1990
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10-3-918, as last amended by Chapter 33, Laws of Utah 1983
16
17-22-2, as last amended by Chapter 281, Laws of Utah 1997
17
53-1-108, as enacted by Chapter 234, Laws of Utah 1993
18
53-3-104, as last amended by Chapters 28 and 314, Laws of Utah 1995
19
53-3-205, as last amended by Chapters 36 and 216, Laws of Utah 1999
20
53-3-207, as last amended by Chapter 216, Laws of Utah 1999
21
53-3-804, as last amended by Chapter 36, Laws of Utah 1999
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53-3-805, as renumbered and amended by Chapters 24 and 234, Laws of Utah 1993
23
53-8-104, as last amended by Chapters 236 and 396, Laws of Utah 1998
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77-7-20, as enacted by Chapter 15, Laws of Utah 1980
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
10-3-913
is amended to read:
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10-3-913. Authority of chief of police.
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(1) The chief of police has the same authority as the sheriff within the boundaries of the
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municipality of appointment. The chief has authority to:
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(a) suppress riots, disturbances, and breaches of the peace;
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(b) apprehend all persons violating state laws or city ordinances;
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(c) diligently discharge his duties and enforce all ordinances of the city to preserve the
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peace, good order, and protection of the rights and property of all persons; and
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(d) attend the municipal justice court located within the city when required, provide
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security for the court, and obey its orders and directions.
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(2) This section is not a limitation of a police chief's statewide authority as otherwise
37
provided by law.
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(3) The chief of police shall, on or before January 1, 2001, adopt a written policy that
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prohibits the stopping, detention, or search of any person when the action:
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(a) is solely motivated by considerations of race, color, ethnicity, age, or gender; and
41
(b) would constitute a violation of the civil rights of the person.
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Section 2.
Section
10-3-918
is amended to read:
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10-3-918. Chief of police or marshal in third class cities and towns.
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(1) In cities of the third class and towns, the chief of police or marshal shall exercise and
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perform such duties as may be prescribed by the governing body. The chief of police or marshal
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shall be under the direction, control and supervision of the mayor. The chief of police or marshal
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may with the consent of the mayor, appoint assistants to the chief of police or marshal.
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(2) The chief of police shall, on or before January 1, 2001, adopt a written policy that
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prohibits the stopping, detention, or search of any person when the action:
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(a) is solely motivated by considerations of race, color, ethnicity, age, or gender; and
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(b) would constitute a violation of the civil rights of the person.
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Section 3.
Section
17-22-2
is amended to read:
53
17-22-2. Sheriff -- General duties.
54
(1) The sheriff shall:
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(a) preserve the peace;
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(b) make all lawful arrests;
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(c) attend in person or by deputy the Supreme Court and the Court of Appeals when
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required or when the court is held within his county, all courts of record, and court commissioner
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and referee sessions held within his county, obey their lawful orders and directions, and comply
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with the court security rule, Rule 3-414, of the Utah Code of Judicial Administration;
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(d) upon request of the juvenile court, aid the court in maintaining order during hearings
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and transport a minor to and from youth corrections facilities, other institutions, or other
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designated places;
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(e) attend county justice courts if the judge finds that the matter before the court requires
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the sheriff's attendance for security, transportation, and escort of jail prisoners in his custody, or
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for the custody of jurors;
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(f) command the aid of as many inhabitants of his county as he considers necessary in the
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execution of these duties;
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(g) take charge of and keep the county jail and the jail prisoners;
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(h) receive and safely keep all persons committed to his custody, file and preserve the
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commitments of those persons, and record the name, age, place of birth, and description of each
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person committed;
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(i) release on the record all attachments of real property when the attachment he receives
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has been released or discharged;
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(j) endorse on all process and notices the year, month, day, hour, and minute of reception,
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and, upon payment of fees, issue a certificate to the person delivering process or notice showing
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the names of the parties, title of paper, and the time of receipt;
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(k) serve all process and notices as prescribed by law;
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(l) if he makes service of process or notice, certify on the process or notices the manner,
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time, and place of service, or, if he fails to make service, certify the reason upon the process or
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notice, and return them without delay;
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(m) extinguish fires occurring in the undergrowth, trees, or wooded areas on the public
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land within his county;
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(n) perform as required by any contracts between the county and private contractors for
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management, maintenance, operation, and construction of county jails entered into under the
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authority of Section
17-5-274
;
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(o) manage search and rescue services in his county; [and]
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(p) perform any other duties that are required by law[.]; and
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(q) on or before January 1, 2001, adopt a written policy that prohibits the stopping,
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detention, or search of any person when the action:
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(i) is solely motivated by considerations of race, color, ethnicity, age, or gender; and
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(ii) would constitute a violation of the civil rights of the person.
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(2) Violation of Subsection (1)(j) is a class C misdemeanor. Violation of any other
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subsection under Subsection (1) is a class A misdemeanor.
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Section 4.
Section
53-1-108
is amended to read:
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53-1-108. Commissioner's powers and duties.
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(1) In addition to the responsibilities contained in this title, the commissioner shall:
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(a) administer and enforce this title and Title 41, Chapter 12a, Financial Responsibility of
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Motor Vehicle Owners and Operators Act;
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(b) appoint deputies, inspectors, examiners, clerical workers, and other employees as
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required to properly discharge the duties of the department;
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(c) make rules:
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(i) governing emergency use of signal lights on private vehicles;
104
(ii) allowing privately owned vehicles to be designated for part-time emergency use, as
105
provided in Section
41-6-1.5
; and
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(iii) specifying approved maximum altered heights for vehicles, as required by Section
107
41-6-148.31
;
108
(d) set standards for safety belt systems, as required by Section
41-6-182
;
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(e) serve as the chairman of the Disaster Emergency Advisory Council, as required by
110
Section
63-5-4
; [and]
111
(f) designate vehicles as "authorized emergency vehicles," as required by Section
41-6-1
[.];
112
and
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(g) on or before January 1, 2001, adopt a written policy that prohibits the stopping,
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detention, or search of any person when the action:
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(i) is solely motivated by considerations of race, color, ethnicity, age, or gender; and
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(ii) would constitute a violation of the civil rights of the person.
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(2) The commissioner may:
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(a) subject to the approval of the governor, establish division headquarters at various
119
places in the state;
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(b) issue to a special agent a certificate of authority to act as a peace officer and revoke that
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authority for cause, as authorized in Section
56-1-21.5
;
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(c) create specialized units within the commissioner's office for conducting internal affairs
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and aircraft operations as necessary to protect the public safety;
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(d) cooperate with any recognized agency in the education of the public in safety and crime
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prevention and participate in public or private partnerships, subject to Subsection (3);
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(e) cooperate in applying for and distributing highway safety program funds; and
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(f) receive and distribute federal funding to further the objectives of highway safety in
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compliance with the Federal Assistance Management Program Act.
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(3) (a) Money may not be expended under Subsection (2)(d) for public safety education
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unless it is specifically appropriated by the Legislature for that purpose.
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(b) Any recognized agency receiving state money for public safety shall file with the
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auditor of the state an itemized statement of all its receipts and expenditures.
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Section 5.
Section
53-3-104
is amended to read:
134
53-3-104. Division duties.
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(1) The division shall:
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(a) make rules:
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(i) for examining applicants for a license, as necessary for the safety and welfare of the
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traveling public;
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(ii) regarding the restrictions to be imposed on a person driving a motor vehicle with a
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temporary learner permit; and
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(iii) for exemptions from licensing requirements as authorized in this chapter;
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(b) examine each applicant according to the class of license applied for;
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(c) license motor vehicle drivers;
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(d) file every application for a license received by it and shall maintain indices containing:
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(i) all applications denied and the reason each was denied;
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(ii) all applications granted; and
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(iii) the name of every licensee whose license has been suspended, disqualified, or revoked
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by the division and the reasons for the action;
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(e) suspend, revoke, disqualify, cancel, or deny any license issued in accordance with this
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chapter;
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(f) file all accident reports and abstracts of court records of convictions received by it
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under state law;
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(g) maintain a record of each licensee showing his convictions and the traffic accidents in
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which he has been involved where a conviction has resulted;
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(h) consider the record of a licensee upon an application for renewal of a license and at
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other appropriate times;
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(i) search the license files, compile, and furnish a report on the driving record of any
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person licensed in the state when requested by any person;
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(j) develop and implement a record system as required by Section
41-6-48.5
;
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(k) in accordance with Section
53A-13-208
, establish:
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(i) procedures and standards to certify teachers of driver education classes to administer
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written and driving tests;
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(ii) minimal standards for the driver education class tests; and
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(iii) procedures to enable school districts to administer or process any tests for students
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to receive a class D operator's license;
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(l) provide administrative support to the Driver License Medical Advisory Board created
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in Section
53-3-303
; [and]
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(m) provide drivers license information, including photograph, and drivers history to
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licensed private investigators upon written request[.]; and
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(n) (i) maintain a database that keeps a record of the following information regarding each
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inquiry made by a law enforcement officer regarding any individual based on that individual's
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driver license or state identification card:
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(A) the agency employing the law enforcement officer;
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(B) the name of the law enforcement officer or the identifying number the agency has
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assigned to the law enforcement officer;
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(C) the purpose of the law enforcement officer's inquiry; and
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(D) the race of the individual whom the inquiry is regarding based on the information
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provided through the application process under Section
53-3-205
or Section
53-3-804
; and
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(ii) provide access to the database created in this Subsection (1)(n) to the Commission on
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Criminal and Juvenile Justice for the purpose of:
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(A) evaluating the data;
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(B) evaluating the effectiveness of the data collection process; and
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(C) reporting and making recommendations to the Legislature.
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(2) The division may:
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(a) collect fees under Section
53-3-105
for searching and compiling its files or furnishing
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a report on the driving record of a person; and
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(b) prepare under the seal of the division and deliver upon request, a certified copy of any
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record of the division, and charge a fee under Section
63-38-3.2
for each document authenticated.
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(3) Each certified copy of a driving record furnished under Subsection (1)(i) is admissible
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in any court proceeding in the same manner as the original.
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Section 6.
Section
53-3-205
is amended to read:
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53-3-205. Application for license or endorsement -- Fee required -- Tests --
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Expiration dates of licenses and endorsements -- Information required -- Previous licenses
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surrendered -- Driving record transferred from other states -- Reinstatement -- Fee required
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-- License agreement.
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(1) An application for any original license, provisional license, or endorsement shall be:
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(a) made upon a form furnished by the division; and
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(b) accompanied by a nonrefundable fee set under Section
53-3-105
.
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(2) An application and fee for an original class D license entitle the applicant to:
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(a) not more than three attempts to pass both the written and skills tests for a class D
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license within six months of the date of the application;
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(b) a learner permit if needed after the written test is passed; and
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(c) an original class D license and license certificate after all tests are passed.
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(3) An application and fee for an original class M license entitle the applicant to:
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(a) not more than three attempts to pass both the written and skills tests for a class M
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license within six months of the date of the application;
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(b) a learner permit if needed after the written test is passed; and
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(c) an original class M license and license certificate after all tests are passed.
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(4) An application and fee for a motorcycle or taxicab endorsement entitle the applicant
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to:
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(a) not more than three attempts to pass both the written and skills tests within six months
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of the date of the application;
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(b) a motorcycle learner permit if needed after the motorcycle written test is passed; and
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(c) a motorcycle or taxicab endorsement when all tests are passed.
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(5) An application and fees for a commercial class A, B, or C license entitle the applicant
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to:
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(a) not more than two attempts to pass a written test and not more than two attempts to
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pass a skills test within six months of the date of the application;
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(b) a commercial driver instruction permit if needed after the written test is passed; and
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(c) an original commercial class A, B, or C license and license certificate when all
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applicable tests are passed.
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(6) An application and fee for a CDL endorsement entitle the applicant to:
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(a) not more than two attempts to pass a written test and not more than two attempts to
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pass a skills test within six months of the date of the application; and
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(b) a CDL endorsement when all tests are passed.
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(7) If a CDL applicant does not pass a written test, skills test, or an endorsement test within
227
the number of attempts provided in Subsection (5) or (6), each test may be taken two additional
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times within the six months for the fee provided in Section
53-3-105
.
229
(8) (a) An original license expires on the birth date of the applicant in the fifth year
230
following the year the license certificate was issued.
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(b) A renewal or an extension to a license expires on the birth date of the licensee in the
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fifth year following the expiration date of the license certificate renewed or extended.
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(c) A duplicate license expires on the same date as the last license certificate issued.
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(d) An endorsement to a license expires on the same date as the license certificate
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regardless of the date the endorsement was granted.
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(e) A license and any endorsement to the license held by a person ordered to active duty
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and stationed outside Utah in any of the armed forces of the United States, which expires during
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the time period the person is stationed outside of the state, is valid until 90 days after the person
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has been discharged or has left the service, unless the license is suspended, disqualified, denied,
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or has been cancelled or revoked by the division, or the licensee updates the information or
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photograph on the license certificate.
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(9) (a) In addition to the information required by Title 63, Chapter 46b, Administrative
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Procedures Act, for requests for agency action, each application shall:
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(i) state the full legal name, birth date, sex, race in accordance with the categories
245
established by the U.S. Census Bureau, Social Security number or temporary identification number
246
(ITIN) issued by the Internal Revenue Service for a person who does not qualify for a Social
247
Security number, and residence address of the applicant;
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(ii) briefly describe the applicant;
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(iii) state whether the applicant has previously been licensed to drive a motor vehicle and,
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if so, when and by what state or country;
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(iv) state whether the applicant has ever had any license suspended, cancelled, revoked,
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disqualified, or denied in the last six years, or whether the applicant has ever had any license
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application refused, and if so, the date of and reason for the suspension, cancellation, revocation,
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disqualification, denial, or refusal;
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(v) provide all other information the division requires; and
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(vi) be signed.
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(b) An applicant's Social Security number or temporary identification number (ITIN) shall
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be maintained on the computerized records of the division.
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(10) The division shall require proof of every applicant's name, birthdate, and birthplace
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by at least one of the following means:
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(a) current license certificate;
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(b) birth certificate;
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(c) Selective Service registration; or
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(d) other proof, including church records, family Bible notations, school records, or other
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evidence considered acceptable by the division.
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(11) When an applicant receives a license in another class, all previous license certificates
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shall be surrendered and canceled. However, a disqualified commercial license may not be
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canceled unless it expires before the new license certificate is issued.
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(12) (a) When an application is received from a person previously licensed in another state
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to drive a motor vehicle, the division shall request a copy of the driver's record from the other state.
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(b) When received, the driver's record becomes part of the driver's record in this state with
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the same effect as though entered originally on the driver's record in this state.
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(13) An application for reinstatement of a license after the suspension, cancellation,
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disqualification, denial, or revocation of a previous license shall be accompanied by the additional
275
fee or fees specified in Section
53-3-105
.
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(14) A person who has an appointment with the division for testing and fails to keep the
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appointment or to cancel at least 48 hours in advance of the appointment shall pay the fee under
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Section
53-3-105
.
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(15) A person who applies for an original license or renewal of a license agrees that the
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person's license is subject to any suspension or revocation authorized under this title or Title 41,
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Motor Vehicles.
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Section 7.
Section
53-3-207
is amended to read:
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53-3-207. License certificates issued to drivers by class of motor vehicle -- Contents
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-- Anatomical gifts indication -- Temporary licenses -- Minors' licenses and permits --
285
Violation.
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(1) (a) The division shall issue to every person privileged to drive a motor vehicle, a
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license certificate indicating the type or class of motor vehicle the licensee may drive.
288
(b) A person may not drive a class of motor vehicle unless licensed in that class.
289
(2) (a) Every license certificate shall bear:
290
(i) the distinguishing number assigned to the licensee by the division;
291
(ii) the name, birth date, race in accordance with the categories established by the U.S.
292
Census Bureau, and residence address of the licensee;
293
(iii) a brief description of the licensee for the purpose of identification;
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(iv) any restrictions imposed on the license under Section
53-3-208
;
295
(v) a photograph of the licensee; and
296
(vi) a photograph or other facsimile of the licensee's signature.
297
(b) A new license certificate issued by the division may bear the social security number of
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the licensee only at the request of the licensee.
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(c) (i) The license certificate shall be of an impervious material, resistant to wear, damage,
300
and alteration.
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(ii) The size, form, and color of the license certificate shall be as prescribed by the
302
commissioner.
303
(iii) The commissioner may also prescribe the issuance of a special type of limited license
304
certificate under Subsection
53-3-220
(4) and may authorize the issuance of a renewed or duplicate
305
license certificate without a picture if the applicant is not then living in the state.
306
(3) (a) (i) When a license is granted or renewed, the division shall, upon request of the
307
licensee, provide a method of identification on the license certificate, which indicates the licensee's
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intent to make an anatomical gift under Title 26, Chapter 28, Uniform Anatomical Gift Act.
309
(ii) The statement shall be signed in the presence of at least one witness, who shall sign
310
the statement in the presence of the licensee.
311
(b) The division or any of its employees are not liable for any loss, detriment, or injury,
312
directly or indirectly, which results from false or inaccurate information regarding the anatomical
313
gift notification.
314
(4) (a) (i) The division upon determining after an examination that an applicant is mentally
315
and physically qualified to be granted a license may issue to an applicant a receipt for the fee.
316
(ii) The receipt serves as a temporary license certificate allowing him to drive a motor
317
vehicle while the division is completing its investigation to determine whether he is entitled to be
318
licensed.
319
(b) The receipt shall be in his immediate possession while driving a motor vehicle, and it
320
is invalid when the applicant's license certificate has been issued or when, for good cause, the
321
privilege has been refused.
322
(c) The division shall indicate on the receipt a date after which it is not valid as a license
323
certificate.
324
(5) The division shall distinguish learner permits, temporary permits, and license
325
certificates issued to any person younger than 21 years of age by use of the plainly printed word
326
"minor" or "under 21" or the use of a special color not used for other license certificates.
327
(6) The division shall issue temporary license certificates of the same nature, except as to
328
duration, as the license certificates that they temporarily replace, as are necessary to implement
329
applicable provisions of Section
53-3-223
.
330
(7) A person who violates Subsection (1)(b) is guilty of a class C misdemeanor.
331
Section 8.
Section
53-3-804
is amended to read:
332
53-3-804. Application for identification card -- Required information.
333
(1) To apply for an identification card, the applicant shall appear in person at any license
334
examining station.
335
(2) The applicant shall provide the following information to the division:
336
(a) true and full legal name and address;
337
(b) date of birth as set forth in a certified copy of the applicant's birth certificate, or other
338
satisfactory evidence of birth, which shall be attached to the application;
339
(c) Social Security number or temporary identification number (ITIN) issued by the
340
Internal Revenue Service for a person who does not qualify for a Social Security number;
341
(d) place of birth;
342
(e) height and weight;
343
(f) color of eyes and hair;
344
(g) race, in accordance with the categories established by the U.S. Census Bureau;
345
[(g)] (h) signature;
346
[(h)] (i) photograph; and
347
[(i)] (j) organ donor indication, if desired.
348
Section 9.
Section
53-3-805
is amended to read:
349
53-3-805. Identification card -- Contents -- Specifications.
350
(1) The division shall issue an identification card that:
351
(a) provides all the information contained in the application, other than the applicant's:
352
(i) Social Security number, except as provided in Subsection (3); and
353
(ii) place of birth;
354
(b) contains a photograph of the applicant; [and]
355
(c) contains the applicant's race, in accordance with the categories established by the U.S.
356
Census Bureau; and
357
[(c)] (d) contains a facsimile of the applicant's signature.
358
(2) (a) The card shall be of an impervious material, resistant to wear, damage, and
359
alteration.
360
(b) The size, form, and color of the card is prescribed by the commissioner.
361
(3) At the applicant's request, the card may include any of the following:
362
(a) a statement that the applicant has a special medical problem or allergies to certain
363
drugs, for the purpose of medical treatment;
364
(b) the applicant's Social Security number.
365
(4) The card may also indicate the applicant's intent to make an anatomical gift, under the
366
same procedure as provided for an operator license under Section
53-3-207
.
367
Section 10.
Section
53-8-104
is amended to read:
368
53-8-104. Superintendent's duties.
369
The superintendent shall:
370
(1) divide the state highways into sections for the purpose of patrolling and policing;
371
(2) employ peace officers known as highway patrol troopers to patrol or police the
372
highways within this state and to enforce the state statutes as required;
373
(3) establish ranks, grades, and positions in the Highway Patrol and designate the authority
374
and responsibility in each rank, grade, and position;
375
(4) establish for the Highway Patrol standards and qualifications and fix prerequisites of
376
training, education, and experience for each rank, grade, and position;
377
(5) appoint personnel to each rank, grade, and position necessary for the efficient operation
378
and administration of the Highway Patrol;
379
(6) devise and administer examinations designed to test applicants for positions with the
380
Highway Patrol;
381
(7) make rules governing the Highway Patrol as appear to the superintendent advisable;
382
(8) discharge, demote, or temporarily suspend any employee in the Highway Patrol for
383
cause;
384
(9) prescribe the uniforms to be worn and the equipment to be used by employees of the
385
Highway Patrol;
386
(10) charge against each employee of the Highway Patrol the value of any property of the
387
state lost or destroyed through the carelessness of the employee;
388
(11) establish, with the approval of the Division of Finance, the terms and conditions under
389
which expense allowance should be paid to any employee of the Highway Patrol while away from
390
his station;
391
(12) station the Highway Patrol in localities as he finds advisable for the enforcement of
392
the laws of this state;
393
(13) conduct in conjunction with the State Board of Education in and through all state
394
schools an educational campaign in highway safety and work in conjunction with civic
395
organizations, churches, local units of government, and other organizations that may function in
396
accomplishing the purposes of reducing highway accidents;
397
(14) provide the initial mandatory uniform items for each new trooper hired after July 1,
398
1998; [and]
399
(15) determine by rule a basic uniform allowance system which includes the manner in
400
which troopers may receive maintenance services and vouchers for basic uniforms and administer
401
any funds appropriated by the Legislature to the division for that purpose[.]; and
402
(16) on or before January 1, 2001, adopt a written policy that prohibits the stopping,
403
detention, or search of any person when the action:
404
(a) is solely motivated by considerations of race, color, ethnicity, age, or gender; and
405
(b) would constitute a violation of the civil rights of the person.
406
Section 11.
Section
77-7-20
is amended to read:
407
77-7-20. Service of citation on defendant -- Filing in court -- Contents of citations --
408
Contents of warnings.
409
(1) If a citation is issued pursuant to Section
77-7-18
, the peace officer or public official
410
shall issue one copy to the person cited and shall within five days file a duplicate copy with the
411
court specified in the citation.
412
(2) Each copy of the citation issued under authority of this chapter shall contain:
413
(a) the name of the court before which the person is to appear;
414
(b) the name of the person cited;
415
(c) the race of the person cited, if the race information is on the driver license or the Driver
416
License Division's database;
417
[(c)] (d) a brief description of the offense charged;
418
[(d)] (e) the date, time, and place at which the offense is alleged to have occurred;
419
[(e)] (f) the date on which the citation was issued;
420
[(f)] (g) the name of the peace officer or public official who issued the citation, and the
421
name of the arresting person if an arrest was made by a private party and the citation was issued
422
in lieu of taking the arrested person before a magistrate;
423
[(g)] (h) the time and date on or before and after which the person is to appear;
424
[(h)] (i) the address of the court in which the person is to appear;
425
[(i)] (j) a certification above the signature of the officer issuing the citation in substantially
426
the following language: "I certify that a copy of this citation or information (Summons and
427
Complaint) was duly served upon the defendant according to law on the above date and I know
428
or believe and so allege that the above-named defendant did commit the offense herein set forth
429
contrary to law. I further certify that the court to which the defendant has been directed to appear
430
is the proper court pursuant to Section
77-7-21
."; [and]
431
[(j)] (k) a notice containing substantially the following language:
432
READ CAREFULLY
433
"This citation is not an information and will not be used as an information without your
434
consent. If an information is filed you will be provided a copy by the court. You MUST appear in
435
court on or before the time set in this citation. IF YOU FAIL TO APPEAR AN INFORMATION
436
WILL BE FILED AND THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST[.]";
437
and
438
(l) a notice containing the following information:
439
(i) proactive traffic enforcement is a productive strategy to protect the public from the
440
devastation caused by traffic-related death and injury, illegal trafficking in and possession of
441
weapons and drugs, and fugitives at large, and to otherwise promote and maintain an orderly and
442
law-abiding society;
443
(ii) proactive traffic enforcement must be conducted in full compliance with constitutional
444
and statutory safeguards established to preserve the rights of citizens, prescriptions of case law,
445
and sanctioned policies and practices of law enforcement agencies, and the spirit of American
446
democratic principles; and
447
(iii) the procedure to file a complaint if the person feels he or she has been mistreated or
448
has been treated in a biased or prejudiced manner.
449
(3) If a law enforcement agency issues a warning, the warning shall contain:
450
(a) the race of the person warned, if the race information is on the driver license or the
451
Driver License Division's database; and
452
(b) a notice containing the following information:
453
(i) proactive traffic enforcement is a productive strategy to protect the public from the
454
devastation caused by traffic-related death and injury, illegal trafficking in and possession of
455
weapons and drugs, and fugitives at large, and to otherwise promote and maintain an orderly and
456
law-abiding society;
457
(ii) proactive traffic enforcement must be conducted in full compliance with constitutional
458
and statutory safeguards established to preserve the rights of citizens, prescriptions of case law,
459
and sanctioned policies and practices of law enforcement agencies, and the spirit of American
460
democratic principles; and
461
(iii) the procedure to file a complaint if the person feels he or she has been mistreated or
462
has been treated in a biased or prejudiced manner.
463
Section 12. Effective date.
464
This act takes effect on October 1, 2000.
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