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Committee advances bill creating new impound and rapid ID process for drivers with no issued credential
Summary
Senators recommended the third substitute of House Bill 392, which elevates driving without ever being issued a credential to a misdemeanor and authorizes limited impound procedures and identity scans.
The Senate committee voted to recommend the third substitute of House Bill 392, elevating driving without ever being issued a driving credential to a class C misdemeanor and creating a new vehicle-impound process when officers encounter drivers who cannot be identified.
Representative McPherson, sponsor of the bill, said the measure responds to law-enforcement reports that a growing share of drivers encountered since 2019 have no issued credential, citing West Valley City data showing roughly 30% in 2019 and near 45% in 2023 among drivers who interacted with police. "When law enforcement pulls over a vehicle...if that driver fails to produce any form of ID...and that person can't be identified, currently driving without ever being issued a license is an infraction," McPherson said. The bill would raise the penalty to a class C misdemeanor and add an impound record for vehicles driven by people who were never issued a credential, while carving out exemptions (drivers under 18, public-safety considerations, or situations when a licensed driver can remove the vehicle with the owner’s permission).
The bill also authorizes a rapid fingerprint scan against existing criminal-justice databases to identify drivers during encounters; the sponsor emphasized the scan would not create a new record but would check for existing identity matches in the state system.
Law-enforcement witnesses testified in support. Colonel Mike Rapich of the Utah Highway Patrol said the legislation “provides a good option” and leverages fingerprint-scanning technology already connected to criminal-justice systems. Nate Mudder, chair of the Law Enforcement Legislative Committee, said stakeholders worked with the sponsor to add officer discretion and carve-outs.
After public testimony and discussion, the committee voted 4–3 to send the third substitute to the floor with a favorable recommendation.
Votes at a glance: Third substitute House Bill 392 — favorable recommendation (4–3).
The bill heads to the Senate floor; sponsors said language was crafted to avoid penalizing people who simply lack physical ID but have valid credentials in state systems.
