Utah 2023 Regular Session

Utah House Bill HB0255 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 255
	1	+	1st Sub. H.B. 255
	2	+	LEGISLATIVE GENERAL COUNSEL
	3	+	6 Approved for Filing: B. Hess 6
	4	+	6 02-01-23 11:55 AM 6
	5	+	H.B. 255
	6	+	1st Sub. (Buff)
	7	+	Representative Andrew Stoddard proposes the following substitute bill:
2	8		1 VEHICLE ACCIDENT REPORTS AMENDMENTS
3	9		2 2023 GENERAL SESSION
4	10		3 STATE OF UTAH
5	11		4 Chief Sponsor: Andrew Stoddard
6	12		5 Senate Sponsor: Todd D. Weiler
7	13		6
8	14		7LONG TITLE
9	15		8General Description:
10	16		9 This bill requires the Department of Public Safety to provide an unredacted accident
11	17		10report to certain persons that contains the name, address, and phone number of each
12	18		11person involved in the accident.
13	19		12Highlighted Provisions:
14	20		13 This bill:
15	21		14 <requires the Department of Public Safety or the investigating peace officer's law
16	22		15enforcement agency to provide an unredacted accident report to certain persons;
17	23		16 <provides that the unredacted accident report shall contain, among other items, the
18	24		17name, phone number, and address of each driver and person involved in the
19	25		18accident;
20	26		19 <allows a witness of the accident to request that the witness's address and phone
21	27		20number be excluded from the accident report;
22	28		21 <allows a party in a lawsuit arising from an accident to discover the witness's address
23	29		22and phone number; and
24	30		23 <makes technical changes.
25	31		24Money Appropriated in this Bill:
26	32		25 None
	33	+	HB0255S01 1st Sub. (Buff) H.B. 255 02-01-23 11:55 AM
	34	+	- 2 -
27	35		26Other Special Clauses:
28	36		27 None
29	37		28Utah Code Sections Affected:
30		-	29AMENDS: H.B. 255 Enrolled Copy
31		-	- 2 -
	38	+	29AMENDS:
32	39		30 41-6a-402, as last amended by Laws of Utah 2020, Chapter 74
33	40		31 41-6a-404, as last amended by Laws of Utah 2021, Chapters 211, 216
34	41		32
35	42		33Be it enacted by the Legislature of the state of Utah:
36	43		34 Section 1. Section 41-6a-402 is amended to read:
37	44		35 41-6a-402. Accident reports -- Duty of operator and investigative officer to file.
38	45		36 (1) The department may require any operator of a vehicle involved in an accident
39	46		37resulting in injury to or death of any person or total property damage to the apparent extent of
40	47		38$2,500 or more to file within 10 days after the request:
41	48		39 (a) a report of the accident to the department in a manner specified by the department;
42	49		40and
43	50		41 (b) a supplemental report when the original report is insufficient in the opinion of the
44	51		42department.
45	52		43 (2) The department may require witnesses of accidents to file reports to the department.
46	53		44 (3) (a) An accident report is not required under this section from any person who is
47	54		45physically incapable of making a report, during the period of incapacity.
48	55		46 (b) If the operator is physically incapable of making an accident report under this
49	56		47section and the operator is not the owner of the vehicle, the owner of the vehicle involved in
50	57		48the accident shall within 15 days after becoming aware of the accident make the report required
51	58		49of the operator under this section.
52	59		50 (4) (a) The department shall, upon request, supply to law enforcement agencies, justice
53	60		51court judges, sheriffs, garages, and other appropriate agencies or individuals forms for accident
54	61		52reports required under this part.
55	62		53 (b) A request for an accident report form under Subsection (4)(a) shall be made in a
56	63		54manner specified by the division.
57	64		55 (c) The accident reports shall contain:
58		-	56 (i) [provide] sufficient detail to disclose the cause[,] of the accident;
59		-	57 (ii) a description of conditions then existing[, and]; Enrolled Copy H.B. 255
	65	+	56 (i) [provide] sufficient detail to disclose the cause[,] of the accident; 02-01-23 11:55 AM 1st Sub. (Buff) H.B. 255
60	66		- 3 -
	67	+	57 (ii) a description of conditions then existing[, and];
61	68		58 (iii) subject to Subsection (4)(d), the name, address, and phone number of each person
62	69		59involved in the accident, including a witness of the accident;
63	70		60 (iv) the [persons and] vehicles involved in the accident; and
64	71		61 [(ii)] (v) [contain] all of the information required that is available.
65	72		62 (d) (i) If a witness requests that the witness's address and phone number be excluded
66	73		63from the accident report, the investigating officer shall:
67	74		64 (A) exclude the witness's address and phone number from the accident report; and
68	75		65 (B) create a separate record with the witness's address and phone number.
69		-	66 (ii) The record described in Subsection (4)(d)(i) is discoverable in a lawsuit by a party
	76	+	66 (ii) \|The record described in Subsection (4)(d)(i) is discoverable in a lawsuit by a party
70	77		67that was involved in the accident, if the lawsuit arises from the accident.
71	78		68 (5) (a) A person shall file an accident report if required under this section.
72	79		69 (b) The department shall suspend the license or permit to operate a motor vehicle and
73	80		70any nonresident operating privileges of any person failing to file an accident report in
74	81		71accordance with this section.
75	82		72 (c) The suspension under Subsection (5)(b) shall be in effect until the report has been
76	83		73filed except that the department may extend the suspension not to exceed 30 days.
77	84		74 (6) (a) A peace officer who, in the regular course of duty, investigates a motor vehicle
78	85		75accident described under Subsection (1) shall file an electronic copy of the report of the
79	86		76accident with the department within 10 days after completing the investigation.
80	87		77 (b) The accident report shall be made either at the time of and at the scene of the
81	88		78accident or later by interviewing participants or witnesses.
82	89		79 (7) The accident reports required to be filed with the department under this section and
83	90		80the information in them are protected and confidential and may be disclosed only as provided
84	91		81in Section 41-6a-404.
85	92		82 (8) (a) In addition to the reports required under this part, a local highway authority
86	93		83may, by ordinance, require that for each accident that occurs within its jurisdiction, the operator
87	94		84of a vehicle involved in an accident, or the owner of the vehicle involved in an accident, shall
88		-	85file with the local law enforcement agency a report of the accident or a copy of any report H.B. 255 Enrolled Copy
	95	+	85file with the local law enforcement agency a report of the accident or a copy of any report
	96	+	86required to be filed with the department under this part.
	97	+	87 (b) All reports are for the confidential use of the municipal department and are subject 1st Sub. (Buff) H.B. 255 02-01-23 11:55 AM
89	98		- 4 -
90		-	86required to be filed with the department under this part.
91		-	87 (b) All reports are for the confidential use of the municipal department and are subject
92	99		88to the provisions of Section 41-6a-404.
93	100		89 (9) A violation of this section is an infraction.
94	101		90 Section 2. Section 41-6a-404 is amended to read:
95	102		91 41-6a-404. Accident reports -- When confidential -- Insurance policy information
96	103		92-- Use as evidence -- Penalty for false information.
97	104		93 (1) As used in this section:
98	105		94 (a) "Accompanying data" means all materials gathered by the investigating peace
99	106		95officer in an accident investigation including:
100	107		96 (i) the identity of witnesses and, if known, contact information;
101	108		97 (ii) witness statements;
102	109		98 (iii) photographs and videotapes;
103	110		99 (iv) diagrams; and
104	111		100 (v) field notes.
105	112		101 (b) "Agent" means:
106	113		102 (i) a person's attorney;
107	114		103 (ii) a person's insurer;
108	115		104 (iii) a general acute hospital, as defined in Section 26-21-2, that:
109	116		105 (A) has an emergency room; and
110	117		106 (B) is providing or has provided emergency services to the person in relation to the
111	118		107accident; or
112	119		108 (iv) any other individual or entity with signed permission from the person to receive
113	120		109the person's accident report.
114	121		110 (2) (a) Except as provided in Subsections (3) and (7), all accident reports required in
115	122		111this part to be filed with the department:
116	123		112 (i) are without prejudice to the reporting individual;
117		-	113 (ii) are protected and for the confidential use of the department or other state, local, or Enrolled Copy H.B. 255
118		-	- 5 -
	124	+	113 (ii) are protected and for the confidential use of the department or other state, local, or
119	125		114federal agencies having use for the records for official governmental statistical, investigative,
120	126		115and accident prevention purposes; and
121	127		116 (iii) may be disclosed only in a statistical form that protects the privacy of any person
122	128		117involved in the accident.
123		-	118 (b) An investigating peace officer shall include in an accident report an indication as to
	129	+	118 (b) An investigating peace officer shall include in an accident report an indication as to 02-01-23 11:55 AM 1st Sub. (Buff) H.B. 255
	130	+	- 5 -
124	131		119whether the accident occurred on a highway designated as a livestock highway in accordance
125	132		120with Section 72-3-112 if the accident resulted in the injury or death of livestock.
126	133		121 (3) (a) Subject to the provisions of this section, the department or the responsible law
127	134		122enforcement agency employing the peace officer that investigated the accident shall disclose an
128	135		123unredacted accident report, containing the information described in Subsection
129	136		12441-6a-402(4)(c), to:
130	137		125 (i) a person involved in the accident, excluding a witness to the accident;
131	138		126 (ii) a person suffering loss or injury in the accident;
132	139		127 (iii) an agent, parent, or legal guardian of a person described in Subsections (3)(a)(i)
133	140		128and (ii);
134	141		129 (iv) subject to Subsection (3)(d), a member of the press or broadcast news media;
135	142		130 (v) a state, local, or federal agency that uses the records for official governmental,
136	143		131investigative, or accident prevention purposes;
137	144		132 (vi) law enforcement personnel when acting in their official governmental capacity;
138	145		133and
139	146		134 (vii) a licensed private investigator who:
140	147		135 (A) represents an individual described in Subsections (3)(a)(i) through (iii); and
141	148		136 (B) demonstrates that the representation of the individual described in Subsections
142	149		137(3)(a)(i) through (iii) is directly related to the accident that is the subject of the accident report.
143	150		138 (b) The responsible law enforcement agency employing the peace officer that
144	151		139investigated the accident:
145	152		140 (i) shall in compliance with Subsection (3)(a):
146		-	141 (A) disclose an accident report; or H.B. 255 Enrolled Copy
147		-	- 6 -
	153	+	141 (A) disclose an accident report; or
148	154		142 (B) upon written request disclose an accident report and its accompanying data within
149	155		14310 business days from receipt of a written request for disclosure; [or]
150	156		144 (ii) may withhold an accident report, and any of its accompanying data if disclosure
151	157		145would jeopardize an ongoing criminal investigation or criminal prosecution[.]; or
152	158		146 (iii) may redact an individual's phone number or address from the accident report, if the
153	159		147disclosure of the information may endanger the life or physical safety of the individual,
154	160		148including when the individual is under witness protection.
155		-	149 (c) In accordance with Subsection (3)(a), the department or the responsible law
	161	+	149 (c) In accordance with Subsection (3)(a), the department or the responsible law 1st Sub. (Buff) H.B. 255 02-01-23 11:55 AM
	162	+	- 6 -
156	163		150enforcement agency employing the investigating peace officer shall disclose whether any
157	164		151person or vehicle involved in an accident reported under this section was covered by a vehicle
158	165		152insurance policy, and the name of the insurer.
159	166		153 (d) Information provided to a member of the press or broadcast news media under
160	167		154Subsection (3)(a)(iv) may only include:
161	168		155 (i) the name, age, sex, and city of residence of each person involved in the accident;
162	169		156 (ii) the make and model year of each vehicle involved in the accident;
163	170		157 (iii) whether or not each person involved in the accident was covered by a vehicle
164	171		158insurance policy;
165	172		159 (iv) the location of the accident; and
166	173		160 (v) a description of the accident that excludes personal identifying information not
167	174		161listed in Subsection (3)(d)(i).
168	175		162 (e) The department shall disclose to any requesting person the following vehicle
169	176		163accident history information, excluding personal identifying information, in bulk electronic
170	177		164form:
171	178		165 (i) any vehicle identifying information that is electronically available, including the
172	179		166make, model year, and vehicle identification number of each vehicle involved in an accident;
173	180		167 (ii) the date of the accident; and
174	181		168 (iii) any electronically available data which describes the accident, including a
175		-	169description of any physical damage to the vehicle. Enrolled Copy H.B. 255
176		-	- 7 -
	182	+	169description of any physical damage to the vehicle.
177	183		170 (f) The department may establish a fee under Section 63J-1-504 based on the fair
178	184		171market value of the information for providing bulk vehicle accident history information under
179	185		172Subsection (3)(e).
180	186		173 (4) (a) Except as provided in Subsection (4)(b), accident reports filed under this section
181	187		174may not be used as evidence in any civil or criminal trial arising out of an accident.
182	188		175 (b) (i) Upon demand of any party to the trial or upon demand of any court, the
183	189		176department shall furnish a certificate showing that a specified accident report has or has not
184	190		177been made to the department in compliance with law.
185	191		178 (ii) If the report has been made, the certificate furnished by the department shall show:
186	192		179 (A) the date, time, and location of the accident;
187		-	180 (B) [the names and addresses of the drivers;] subject to Subsections (4)(b)(iv) and (v),
	193	+	180 (B) [the names and addresses of the drivers;] subject to Subsections (4)(b)(iv) and (v), 02-01-23 11:55 AM 1st Sub. (Buff) H.B. 255
	194	+	- 7 -
188	195		181the name, phone number, and address of each person involved in the accident, including a
189	196		182witness of the accident;
190	197		183 (C) the owners of the vehicles involved; and
191	198		184 (D) the investigating peace officers.
192	199		185 (iii) The reports may be used as evidence when necessary to prosecute charges filed in
193	200		186connection with a violation of Subsection (5).
194	201		187 (iv) If a witness requests that the witness's address and phone number be excluded
195	202		188from the accident report, the investigating officer shall:
196	203		189 (A) exclude the witness's address and phone number from the accident report; and
197	204		190 (B) create a separate record of the witness's address and phone number.
198	205		191 (v) The record described in Subsection (4)(b)(iv) is discoverable in a lawsuit by a party
199	206		192that was involved in the accident if the lawsuit arises from the accident.
200	207		193 (5) A person who gives information in reports as required in this part knowing or
201	208		194having reason to believe that the information is false is guilty of a class A misdemeanor.
202	209		195 (6) The department and the responsible law enforcement agency employing the
203	210		196investigating peace officer may charge a reasonable fee determined by the department under
204		-	197Section 63J-1-504 for the cost incurred in disclosing an accident report or an accident report H.B. 255 Enrolled Copy
205		-	- 8 -
	211	+	197Section 63J-1-504 for the cost incurred in disclosing an accident report or an accident report
206	212		198and any of its accompanying data under Subsections (3)(a) and (b).
207	213		199 (7) (a) The Office of State Debt Collection, the Division of Risk Management, and the
208	214		200Department of Transportation may, in the performance of the regular duties of each respective
209	215		201division or department, disclose an accident report to:
210	216		202 (i) a person involved in the accident, excluding a witness to the accident;
211	217		203 (ii) an owner of a vehicle involved in the accident;
212	218		204 (iii) an agent, parent, or legal guardian of a person described in Subsection (7)(a)(i) or
213	219		205(ii); or
214	220		206 (iv) an insurer that provides motor vehicle insurance to a person described in
215	221		207Subsection (7)(a)(i) or (iii).
216	222		208 (b) A disclosure under Subsection (7)(a) does not change the classification of the
217	223		209record as a protected record under Section 63G-2-305.