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House debates HB187 to align misdemeanor and felony driver'license offenses

Utah House of Representatives · January 23, 2002
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Summary

HB187 would remove overlapping misdemeanor language so producers of counterfeit driver's licenses can be prosecuted under appropriate felony forgery statutes; members sought clarifications about arrest authority, the status of the physical license as state property, and contradictions in subsections before motion to circle for redrafting.

House Bill 187, sponsored by Representative Corey Holdaway, was introduced to address conflicts between a class C misdemeanor for altered driver'license information and felony forgery provisions. Holdaway said the change removes language about "fictitious licenses" from the misdemeanor section so that persons manufacturing and selling counterfeit driver's licenses could be prosecuted under more serious felony statutes when appropriate.

Multiple members pressed the sponsor on practical consequences: Representative Philpott asked whether a driver's license is state property and whether refusal to surrender an ID could expose a person to arrest; Representative McCartney clarified that officers can arrest for a class C misdemeanor and that a person must provide name and date of birth when suspected of criminal activity. Members also raised apparent contradictions between subsections that allow use of revoked identification for personal identification (subsection f) and provisions that create a class C misdemeanor for displaying revoked ID.

After extended Q&A, the House opted to 'circle' the bill for additional drafting to resolve wording and policy issues, including whether possession versus display is covered and the correct thresholds for felony prosecution.