Enrolled Copy H.B. 436
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Impaired Driving Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: Don L. Ipson
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LONG TITLE
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General Description:
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This bill concerns the collection and reporting of certain DUI information.
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Highlighted Provisions:
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This bill:
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▸ requires the State Commission on Criminal and Juvenile Justice (the commission) to
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include certain DUI crash and arrest data in an annual DUI report;
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▸ requires the Department of Public Safety's Criminal Investigations and Technical Services
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Division to collect certain DUI crash and arrest data and provide the data to the
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commission;
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▸ establishes law enforcement agency reporting requirements concerning the collection and
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reporting of certain DUI crash and arrest data;
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▸ provides that the public safety data portal is the repository for the statutorily required DUI
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crash and arrest data; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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41-6a-511, as last amended by Laws of Utah 2011, Chapter 51
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63A-16-1002, as last amended by Laws of Utah 2024, Chapter 467
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ENACTS:
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53-10-118, Utah Code Annotated 1953 H.B. 436 Enrolled Copy
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53-25-104, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 41-6a-511 is amended to read:
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41-6a-511 . Courts to collect and maintain data.
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(1) The state courts shall collect and maintain data necessary to allow sentencing and
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enhancement decisions to be made in accordance with this part.
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(2)(a) Each justice court shall transmit dispositions electronically to the Department of
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Public Safety in accordance with the requirement for recertification established by
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the Judicial Council.
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(b) Immediately upon filling the requirements under Subsection (2)(a), a justice court
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shall collect and report the same DUI related data elements collected and maintained
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by the state courts under Subsection (1).
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(3) The department shall maintain an electronic data base for DUI related records and data
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including the data elements received or collected from the courts under this section.
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(4)(a) The Commission on Criminal and Juvenile Justice shall prepare an annual report
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of DUI related data including the following:
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(i) the data collected by the courts under Subsections (1) and (2);[ and]
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(ii) the DUI crash and arrest data collected from law enforcement agencies under
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Section 53-10-118 by the Department of Public Safety's Criminal Investigations
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and Technical Services Division; and
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[(ii)] (iii) any measures for which data are available to evaluate the profile and
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impacts of DUI recidivism and to evaluate the DUI related processes of:
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(A) law enforcement;
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(B) adjudication;
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(C) sanctions;
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(D) driver license control; and
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(E) alcohol education, assessment, and treatment.
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(b) The report shall be provided in writing to the Judiciary and Transportation Interim
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Committees no later than the last day of October following the end of the fiscal year
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for which the report is prepared.
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Section 2. Section 53-10-118 is enacted to read:
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53-10-118 . Collection of driving under the influence crash and arrest data.
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(1)(a) The division shall collect from every law enforcement agency the following data
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concerning a crash that appears to be connected with a driving under the influence
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offense:
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(i) whether the impaired driver was injured or killed;
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(ii) whether any other individual was injured or killed;
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(iii) whether there was damage to real or personal property;
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(iv) the following results or findings regarding the impaired driver's impairment:
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(A) blood, breath, or urine alcohol concentration readings; and
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(B) blood, urine, chemical, or similar tests detecting alcohol or other drugs in an
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individual; and
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(v) if applicable, the name of the establishment that provided the alcohol to the
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impaired driver.
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(b) The division shall collect from every law enforcement agency the following data for
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every arrest made for a suspected driving under the influence offense, including those
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that are unrelated to a crash described in Subsection (1)(a):
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(i) the data described in Subsections (1)(a)(iv) and (v); and
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(ii) if there were any injuries, deaths, or property damage based on the driving under
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the influence incident, a description of the injuries, deaths, or damages.
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(c) In accordance with Section 53-25-104, a law enforcement agency shall provide the
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information described in Subsections (1)(a) and (b) in the form and manner requested
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by the division.
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(2) The division shall provide the information collected under Subsection (1) to the
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Commission on Criminal and Juvenile Justice for use in the annual report described in
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Section 41-6a-511.
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Section 3. Section 53-25-104 is enacted to read:
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Part 1. Disclosure and General Reporting Requirements
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53-25-104 . Driving under the influence reporting requirements.
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Beginning on January 1, 2026, a law enforcement agency shall collect and provide to the
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department's Criminal Investigations and Technical Services Division the driving under the
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influence crash and arrest data described in Section 53-10-118.
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Section 4. Section 63A-16-1002 is amended to read:
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63A-16-1002 . Public safety portal.
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(1) The commission shall oversee the creation and management of a public safety portal for
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information and data required to be reported to the commission and accessible to all
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criminal justice agencies in the state.
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(2) The division shall assist with the development and management of the public safety
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portal.
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(3) The division, in collaboration with the commission, shall create:
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(a) master standards and formats for information submitted to the public safety portal;
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(b) a gateway, bridge, website, or other method for reporting entities to provide the
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information;
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(c) a master data management index or system to assist in the retrieval of information
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from the public safety portal;
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(d) a protocol for accessing information in the public safety portal that complies with
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state privacy regulations; and
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(e) a protocol for real-time audit capability of all data accessed from the public safety
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portal by participating data source, data use entities, and regulators.
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(4) The public safety portal shall be the repository for the statutorily required data described
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in:
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(a) Section 13-53-111, recidivism reporting requirements;
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(b) Section 17-22-32, county jail reporting requirements;
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(c) Section 17-55-201, Criminal Justice Coordinating Councils reporting;
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(d) Section 26B-1-427, Alcohol Abuse Tracking Committee;
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(e) Section 41-6a-511, courts to collect and maintain data;
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(f) Section 53-10-118, collection of driving under the influence crash and arrest data;
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[(f)] (g) Section 53-25-301, reporting requirements for reverse-location warrants;
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[(g)] (h) Section 53-25-202, sexual assault offense reporting requirements for law
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enforcement agencies;
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[(h)] (i) Section 53E-3-516, school disciplinary and law enforcement action report;
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[(i)] (j) Section 53-25-501, reporting requirements for seized firearms;
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[(j)] (k) Section 63M-7-214, law enforcement agency grant reporting;
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[(k)] (l) Section 63M-7-216, prosecutorial data collection;
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[(l)] (m) Section 63M-7-220, domestic violence data collection;
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[(m)] (n) Section 64-13-21, supervision of sentenced offenders placed in community;
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[(n)] (o) Section 64-13-25, standards for programs;
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[(o)] (p) Section 64-13-45, department reporting requirements;
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[(p)] (q) Section 64-13e-104, county correctional facility reimbursement program for
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state probationary inmates and state parole inmates;
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[(q)] (r) Section 77-7-8.5, use of tactical groups;
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[(r)] (s) Section 77-11b-404, forfeiture reporting requirements;
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[(s)] (t) Section 77-20-103, release data requirements;
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[(t)] (u) Section 77-22-2.5, court orders for criminal investigations;
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[(u)] (v) Section 78A-2-109.5, court data collection on criminal cases;
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[(v)] (w) Section 80-6-104, data collection on offenses committed by minors; and
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[(w)] (x) any other statutes which require the collection of specific data and the reporting
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of that data to the commission.
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(5) Before October 1, 2025, the commission shall report all data collected to the Law
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Enforcement and Criminal Justice Interim Committee.
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(6) The commission may:
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(a) enter into contracts with private or governmental entities to assist entities in
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complying with the data reporting requirements of Subsection (4); and
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(b) adopt, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
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rules to administer this section, including establishing requirements and procedures
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for collecting the data described in Subsection (4).
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Section 5. Effective Date.
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This bill takes effect on May 7, 2025.
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