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House approves uniform plea-in-abeyance process for traffic-school referrals

Utah House of Representatives · February 19, 2004

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Summary

Lawmakers passed HB 121 to require traffic-school referrals be handled through a plea-in-abeyance procedure, creating uniform reporting to the Driver's License Division; the bill passed 60-11 and will go to the Senate.

The Utah House passed House Bill 121 to standardize how courts refer drivers to traffic school by requiring referrals to be processed through a plea-in-abeyance procedure.

Representative Sites, the sponsor, told colleagues the bill "requires that all referrals to a traffic school be by the, court through a plea of an abeyance procedure," explaining the defendant pleads guilty, completes the school and then the guilty plea is withdrawn upon successful completion. He said the procedure will create records so prosecutors and the Driver's License Division can track repeat offenders and ensure consistent reporting.

The bill also directs either the court to collect an abeyance fee and surcharge or, if the court does not collect those fees, the prosecuting agency must collect a surcharge on the traffic-school fee. Representative Sites said the reporting was "important to our driver's license division when we answer citations."

Following brief discussion and a waived summation by the sponsor, the House voted to pass HB 121 by a roll call of 60 yes and 11 no. The bill will be forwarded to the Utah Senate for consideration.