House approves compromise on window-tint enforcement after debate on pretextual stops

The Utah House on Feb. 20 approved first substitute House Bill 323, which modifies state law related to motor-vehicle safety inspection and window-tint enforcement.

Representative Lisenby, the sponsor, said the bill originally sought to make certain tint violations secondary offenses but the substitute removed that change while keeping a prohibition on revoking a driver's license or vehicle registration for a tint violation. “The underlying substitute that is before us actually removes the secondary offense language... it retains the prohibition on the revocation of a license or a registration for window tint offenses,” Lisenby said.

Lawmakers debated the bill’s impacts on traffic stops and profiling. Representative King cited committee discussion that found many stops for window tint are never substantiated and raised concerns that some stops can be used as pretext for other enforcement actions. “...this is trying to get at the degree to which individuals are apprehended by law enforcement on the basis of tinting in a way that raises concerns about whether those stops are… pretextual,” King said.

An amendment (amendment 1 to substitute 1) was introduced and adopted by voice vote; sponsors described the change as friendly and the substitute as consensus language developed with stakeholders. Representative Judkins moved adoption of the first substitute and the House approved it; the first substitute passed the House 67–1 and will go to the Senate.

What’s next: HB323 moves to the Senate for committee and floor consideration.