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Senate adopts amendment in high-profile DUI revisions bill; debate highlights bail trade-offs
Summary
Senators passed an amended DUI overhaul (first substitute HB47) after adopting language intended to spare severely injured victims from being compelled to testify at preliminary hearings; opponents raised concerns that higher bail thresholds could disproportionately affect low-income defendants.
The Utah Senate on Feb. 11 adopted an amendment to first substitute House Bill 47, legislation that tightens pretrial handling of certain serious DUI cases, and then passed the amended bill on a 27–2 roll-call vote.
Senator Kathleen Stevenson, the bill sponsor, framed the measure around a constituent named Sarah — a Clearfield High School student whose life was changed after a drunk driving crash. Stevenson said the bill aims to make sure defendants who pose a serious risk are detained until they sober up and appear before a magistrate. "It's important legislation," she said on the floor, adding it seeks to ensure that those who are substantially injured are not required to testify at a preliminary if doing so would be an undue burden.
Following the substitute language, the floor considered amendment No. 1, which the sponsor described as clarifying that a victim who suffered substantial injury would not be required to testify at a preliminary hearing if it posed an undue burden. The amendment was moved and adopted by roll call.
Senator McKay announced he would vote no on the bill, saying he was concerned about the bill's collateral effects on poor families. "Increasing bail and having a statutory bail requirement does create some interesting problems," McKay said, arguing that raising thresholds for pretrial release can disproportionately harm people without resources and lengthen pretrial detention during backlogs such as the pandemic.
After debate and the amendment's adoption, President Adams announced the bill had received 27 yay votes and two nays and would be returned to the House. The record shows senators voiced both support for protecting victims and concern about how statutory bail changes affect the poor, but the body did not adopt further changes on that point on the floor.
What happens next: The bill as amended will be transmitted back to the House for any action there; advocates and opponents will likely continue discussions with sponsors and staff about bail impacts and implementation.
Quotes used in this article are taken from the Senate floor record of Feb. 11, 2021.
