Effective 5/4/2022
41-6a-1901. Applicability — Law enforcement officer duties — Documents and records — Notice to Department of State.
41-6a-1901. Applicability — Law enforcement officer duties — Documents and records — Notice to Department of State.
- (1) As used in this section, “diplomat” means an individual who:
- (a) has a driver license issued by the United States Department of State; or
- (b) claims immunities or privileges under 22 U.S.C. Sections 254a through 258a with respect to:
- (i) a moving traffic violation under this title or a moving traffic violation of an ordinance of a local authority; or
- (ii) operating a motor vehicle while committing any of the following offenses:
- (A) negligently operating a vehicle resulting in death under Section 76-5-207;
- (B) manslaughter under Section 76-5-205;
- (C) negligent homicide under Section 76-5-206;
- (D) aggravated assault under Section 76-5-103; or
- (E) reckless endangerment under Section 76-5-112.
- (2) A law enforcement officer who stops a motor vehicle and has probable cause to believe that the driver is a diplomat that has committed a violation described under Subsection (1)(b)(i) or (ii) shall:
- (a) as soon as practicable, contact the United States Department of State in order to verify the driver’s status and immunity, if any;
- (b) record all relevant information from any driver license or identification card, including a driver license or identification card issued by the United States Department of State; and
- (c) within five working days after the date the officer stops the driver, forward all of the following to the Department of Public Safety:
- (i) if the driver is involved in a vehicle accident, the vehicle accident report;
- (ii) if a citation or other charging document was issued to the driver, a copy of the citation or other charging document; and
- (iii) if a citation or other charging document was not issued to the driver, a written report of the incident.
- (3) The Department of Public Safety shall:
- (a) file each vehicle accident report, citation or other charging document, and incident report that the Department of Public Safety receives under this section;
- (b) keep convenient records or make suitable notations showing each:
- (i) conviction;
- (ii) finding of responsibility; and
- (iii) vehicle accident; and
- (c) within five working days after receipt, send a copy of each document and record described in Subsection (3) to the Bureau of Diplomatic Security, Office of Foreign Missions, of the United States Department of State.
- (4) This section does not prohibit or limit the application of any law to a criminal or motor vehicle violation committed by a diplomat.
Amended by Chapter 116, 2022 General Session