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Senate tightens penalties for disabled-parking violations, allows community service option
Summary
Senators passed House Bill 188 to increase penalties for illegal parking in disabled spaces and permit judges to order community service; some senators warned the measure risked imposing disproportionate penalties and raised constitutional questions.
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The Utah Senate passed House Bill 188 on Feb. 27, which increases penalties for parking in disabled-parking spaces and gives judges flexibility to impose community service in lieu of a fine.
Senator Steiner, presenting the House amendment, said the change was designed to "catch the attention" of motorists who treat handicap spaces as convenient and sometimes pay fines as a cost of parking. He summarized the House provision allowing a judge to require community service as an alternative to payment.
Several senators questioned the constitutional implications and whether the penalty scheme could be excessive for high-income offenders. One concern was whether the offense would be an infraction or a misdemeanor; the sponsor described it as likely a class C misdemeanor or an infraction at the low end. Senator Peterson warned the amendment could create an "open window" for very significant penalties in otherwise minor cases.
Senators voted to strike certain house amendments and ultimately passed HB188 by roll call (27 ayes, 1 nay, 1 absent). The bill will be returned to the House for its consideration of the Senate amendments.
