HF 2928

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/28/2014 12:39pm

A bill for an act
relating to public safety; providing technical amendments to criminal vehicular
homicide or operation statute; clarifying driving while impaired law to work with
amendments to criminal vehicular homicide and operation statute; amending
Minnesota Statutes 2012, sections 169A.03, subdivisions 20, 21; 169A.24,
subdivision 1; 609.21, subdivisions 1, 1a, 5; proposing coding for new law in
Minnesota Statutes, chapter 609.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 169A.03, subdivision 20, is amended to
read:

Subd. 20.

Prior impaired driving conviction.

"Prior impaired driving conviction"
includes a prior conviction under:

(1) section 169A.20 (driving while impaired); 169A.31 (alcohol-related school bus
or Head Start bus driving); or 360.0752 (impaired aircraft operation);

(2) new text begin Minnesota Statutes 2012, new text end section 609.21 (criminal vehicular homicide and injury,
substance-related offenses), subdivision 1, clauses (2) to (6);

(3) Minnesota Statutes 1998, section 169.121 (driver under influence of alcohol or
controlled substance); 169.1211 (alcohol-related driving by commercial vehicle drivers);
or 169.129 (aggravated DWI-related violations; penalty);

(4) Minnesota Statutes 1996, section 84.91, subdivision 1, paragraph (a) (operating
snowmobile or all-terrain vehicle while impaired); or 86B.331, subdivision 1, paragraph
(a) (operating motorboat while impaired);

(5) Minnesota Statutes 2006, section 609.21 (criminal vehicular homicide and injury,
substance-related offenses), subdivision 1, clauses (2) to (6); subdivision 2, clauses (2)
to (6); subdivision 2a, clauses (2) to (6); subdivision 2b, clauses (2) to (6); subdivision
3, clauses (2) to (6); or subdivision 4, clauses (2) to (6);

new text begin (6) section 609.21, subdivision 1, clauses (2) to (6), or subdivision 1a, clauses (2) to
(6); or section 609.2114, subdivision 1, clauses (2) to (6), or subdivision 2, clauses (2)
to (6); new text end or

deleted text begin (6) deleted text end new text begin (7) new text end an ordinance from this state, or a statute or ordinance from another state, in
conformity with any provision listed in clause (1), (2), (3), (4), or (5).

A "prior impaired driving conviction" also includes a prior juvenile adjudication that
would have been a prior impaired driving conviction if committed by an adult.

Sec. 2.

Minnesota Statutes 2012, section 169A.03, subdivision 21, is amended to read:

Subd. 21.

Prior impaired driving-related loss of license.

(a) "Prior impaired
driving-related loss of license" includes a driver's license suspension, revocation,
cancellation, denial, or disqualification under:

(1) section 169A.31 (alcohol-related school bus or Head Start bus driving);
169A.50 to 169A.53 (implied consent law); 169A.54 (impaired driving convictions and
adjudications; administrative penalties); 171.04 (persons not eligible for drivers' licenses);
171.14 (cancellation); 171.16 (court may recommend suspension); 171.165 (commercial
driver's license, disqualification); 171.17 (revocation); or 171.18 (suspension); because of
an alcohol-related incident;

(2) new text begin Minnesota Statutes 2012, new text end section 609.21 (criminal vehicular homicide and injury,
substance-related offenses), subdivision 1, clauses (2) to (6);

(3) Minnesota Statutes 1998, section 169.121 (driver under influence of alcohol or
controlled substance); 169.1211 (alcohol-related driving by commercial vehicle drivers);
or 169.123 (chemical tests for intoxication);

(4) Minnesota Statutes 2006, section 609.21 (criminal vehicular homicide and injury,
substance-related offenses), subdivision 1, clauses (2) to (6); subdivision 2, clauses (2)
to (6); subdivision 2a, clauses (2) to (6); subdivision 2b, clauses (2) to (6); subdivision
3, clauses (2) to (6); or subdivision 4, clauses (2) to (6);

new text begin (5) section 609.21, subdivision 1, clauses (2) to (6), or subdivision 1a, clauses (2) to
(6); or section 609.2114, subdivision 1, clauses (2) to (6), or subdivision 2, clauses (2)
to (6); new text end or

deleted text begin (5) deleted text end new text begin (6) new text end an ordinance from this state, or a statute or ordinance from another state, in
conformity with any provision listed in clause (1), (2), (3), or (4).

(b) "Prior impaired driving-related loss of license" also includes the revocation of
snowmobile or all-terrain vehicle operating privileges under section 84.911 (chemical
testing), or motorboat operating privileges under section 86B.335 (testing for alcohol
and controlled substances), for violations that occurred on or after August 1, 1994; the
revocation of snowmobile or all-terrain vehicle operating privileges under section 84.91
(operation of snowmobiles and all-terrain vehicles by persons under the influence of alcohol
or controlled substances); or the revocation of motorboat operating privileges under section
86B.331 (operation while using alcohol or drugs or with a physical or mental disability).

(c) "Prior impaired driving-related loss of license" does not include any license
action stemming solely from a violation of section 169A.33 (underage drinking and
driving), 171.09 (conditions of a restricted license), or 340A.503 (persons under the age
of 21, illegal acts).

Sec. 3.

Minnesota Statutes 2012, section 169A.24, subdivision 1, is amended to read:

Subdivision 1.

Degree described.

A person who violates section 169A.20 (driving
while impaired) is guilty of first-degree driving while impaired if the person:

(1) commits the violation within ten years of the first of three or more qualified
prior impaired driving incidents;

(2) has previously been convicted of a felony under this section; or

(3) has previously been convicted of a felony under:

(i) new text begin Minnesota Statutes 2012, new text end section 609.21 (criminal vehicular homicide and injury,
substance-related offenses), subdivision 1, clauses (2) to (6); deleted text begin or
deleted text end

(ii) Minnesota Statutes 2006, section 609.21 (criminal vehicular homicide and injury,
substance-related offenses), subdivision 1, clauses (2) to (6); subdivision 2, clauses (2)
to (6); subdivision 2a, clauses (2) to (6); subdivision 3, clauses (2) to (6); or subdivision
4, clauses (2) to (6) deleted text begin . deleted text end new text begin ; or
new text end

new text begin (iii) section 609.21, subdivision 1, clauses (2) to (6), or subdivision 1a, clauses (2) to
(6); or section 609.2114, subdivision 1, clauses (2) to (6), or subdivision 2, clauses (2) to (6).
new text end

Sec. 4.

Minnesota Statutes 2012, section 609.21, subdivision 1, is amended to read:

Subdivision 1.

Criminal vehicular homicide deleted text begin or operation; crime described deleted text end .

A
person is guilty of criminal vehicular homicide deleted text begin or operation deleted text end and may be sentenced deleted text begin as
provided in subdivision 1a, if the person causes injury to or deleted text end new text begin to imprisonment for not
more than ten years or to payment of a fine of not more than $20,000, or both, if the
person causes new text end the death of deleted text begin another deleted text end new text begin a human being not constituting murder or manslaughter
new text end as a result of operating a motor vehicle:

(1) in a grossly negligent manner;

(2) in a negligent manner while under the influence of:

(i) alcohol;

(ii) a controlled substance; or

(iii) any combination of those elements;

(3) while having an alcohol concentration of 0.08 or more;

(4) while having an alcohol concentration of 0.08 or more, as measured within
two hours of the time of driving;

(5) in a negligent manner while knowingly under the influence of a hazardous
substance;

(6) in a negligent manner while any amount of a controlled substance listed in
Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is
present in the person's body;

(7) where the driver who causes the accident leaves the scene of the accident in
violation of section 169.09, subdivision 1 or 6; or

(8) where the driver had actual knowledge that a peace officer had previously issued
a citation or warning that the motor vehicle was defectively maintained, the driver had
actual knowledge that remedial action was not taken, the driver had reason to know that
the defect created a present danger to others, and the deleted text begin injury or deleted text end death was caused by the
defective maintenance.

Sec. 5.

Minnesota Statutes 2012, section 609.21, subdivision 1a, is amended to read:

Subd. 1a.

deleted text begin Criminal penalties deleted text end new text begin Great bodily harm new text end .

deleted text begin (a) A person who violates
subdivision 1 and causes the death of a human being not constituting murder or
manslaughter or the death of an unborn child may be sentenced to imprisonment for not
more than ten years or to payment of a fine of not more than $20,000, or both.
deleted text end

deleted text begin (b) A person who violates subdivision 1 and causes great bodily harm to another not
constituting attempted murder or assault or great bodily harm to an unborn child who is
subsequently born alive may be sentenced to imprisonment for not more than five years or
to payment of a fine of not more than $10,000, or both.
deleted text end

deleted text begin (c) A person who violates subdivision 1 and causes substantial bodily harm to
another may be sentenced to imprisonment for not more than three years or to payment of
a fine of not more than $10,000, or both.
deleted text end

deleted text begin (d) A person who violates subdivision 1 and causes bodily harm to another may be
sentenced to imprisonment for not more than one year or to payment of a fine of not
more than $3,000, or both.
deleted text end

new text begin A person is guilty of criminal vehicular operation resulting in great bodily harm and
may be sentenced to imprisonment for not more than five years or to payment of a fine
of not more than $10,000, or both, if the person causes great bodily harm to another not
constituting attempted murder or assault as a result of operating a motor vehicle:
new text end

new text begin (1) in a grossly negligent manner;
new text end

new text begin (2) in a negligent manner while under the influence of:
new text end

new text begin (i) alcohol;
new text end

new text begin (ii) a controlled substance; or
new text end

new text begin (iii) any combination of those elements;
new text end

new text begin (3) while having an alcohol concentration of 0.08 or more;
new text end

new text begin (4) while having an alcohol concentration of 0.08 or more, as measured within
two hours of the time of driving;
new text end

new text begin (5) in a negligent manner while knowingly under the influence of a hazardous
substance;
new text end

new text begin (6) in a negligent manner while any amount of a controlled substance listed in
Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is
present in the person's body;
new text end

new text begin (7) where the driver who causes the accident leaves the scene of the accident in
violation of section 169.09, subdivision 1 or 6; or
new text end

new text begin (8) where the driver had actual knowledge that a peace officer had previously issued a
citation or warning that the motor vehicle was defectively maintained, the driver had actual
knowledge that remedial action was not taken, the driver had reason to know that the defect
created a present danger to others, and the injury was caused by the defective maintenance.
new text end

Sec. 6.

Minnesota Statutes 2012, section 609.21, subdivision 5, is amended to read:

Subd. 5.

Definitions.

new text begin (a) new text end For purposes of deleted text begin this section deleted text end new text begin sections 609.2111 to 609.2114 new text end ,
the terms defined in this subdivision have the meanings given them.

deleted text begin (a) deleted text end new text begin (b) new text end "Motor vehicle" has the meaning given in section 609.52, subdivision 1, and
includes attached trailers.

deleted text begin (b) deleted text end new text begin (c) new text end "Controlled substance" has the meaning given in section 152.01, subdivision 4.

deleted text begin (c) deleted text end new text begin (d) new text end "Hazardous substance" means any chemical or chemical compound that is
listed as a hazardous substance in rules adopted under chapter 182.

Sec. 7.

new text begin [609.2113] CRIMINAL VEHICULAR OPERATION; BODILY HARM.
new text end

new text begin Subdivision 1. new text end

new text begin Substantial bodily harm. new text end

new text begin A person is guilty of criminal vehicular
operation resulting in substantial bodily harm and may be sentenced to imprisonment for
not more than three years or to payment of a fine of not more than $10,000, or both, if the
person causes substantial bodily harm to another as a result of operating a motor vehicle:
new text end

new text begin (1) in a grossly negligent manner;
new text end

new text begin (2) in a negligent manner while under the influence of:
new text end

new text begin (i) alcohol;
new text end

new text begin (ii) a controlled substance; or
new text end

new text begin (iii) any combination of those elements;
new text end

new text begin (3) while having an alcohol concentration of 0.08 or more;
new text end

new text begin (4) while having an alcohol concentration of 0.08 or more, as measured within
two hours of the time of driving;
new text end

new text begin (5) in a negligent manner while knowingly under the influence of a hazardous
substance;
new text end

new text begin (6) in a negligent manner while any amount of a controlled substance listed in
Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is
present in the person's body;
new text end

new text begin (7) where the driver who causes the accident leaves the scene of the accident in
violation of section 169.09, subdivision 1 or 6; or
new text end

new text begin (8) where the driver had actual knowledge that a peace officer had previously issued a
citation or warning that the motor vehicle was defectively maintained, the driver had actual
knowledge that remedial action was not taken, the driver had reason to know that the defect
created a present danger to others, and the injury was caused by the defective maintenance.
new text end

new text begin Subd. 2. new text end

new text begin Bodily harm. new text end

new text begin A person is guilty of criminal vehicular operation resulting
in bodily harm and may be sentenced to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both, if the person causes bodily harm to
another as a result of operating a motor vehicle:
new text end

new text begin (1) in a grossly negligent manner;
new text end

new text begin (2) in a negligent manner while under the influence of:
new text end

new text begin (i) alcohol;
new text end

new text begin (ii) a controlled substance; or
new text end

new text begin (iii) any combination of those elements;
new text end

new text begin (3) while having an alcohol concentration of 0.08 or more;
new text end

new text begin (4) while having an alcohol concentration of 0.08 or more, as measured within
two hours of the time of driving;
new text end

new text begin (5) in a negligent manner while knowingly under the influence of a hazardous
substance;
new text end

new text begin (6) in a negligent manner while any amount of a controlled substance listed in
Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is
present in the person's body;
new text end

new text begin (7) where the driver who causes the accident leaves the scene of the accident in
violation of section 169.09, subdivision 1 or 6; or
new text end

new text begin (8) where the driver had actual knowledge that a peace officer had previously issued a
citation or warning that the motor vehicle was defectively maintained, the driver had actual
knowledge that remedial action was not taken, the driver had reason to know that the defect
created a present danger to others, and the injury was caused by the defective maintenance.
new text end

new text begin Subd. 3. new text end

new text begin Affirmative defense. new text end

new text begin It shall be an affirmative defense to a charge under
subdivisions 1, clause (6); 2, clause (6); and 3, clause (6), that the defendant used the
controlled substance according to the terms of a prescription issued for the defendant in
accordance with sections 152.11 and 152.12.
new text end

Sec. 8.

new text begin [609.2114] CRIMINAL VEHICULAR OPERATION; UNBORN CHILD.
new text end

new text begin Subdivision 1. new text end

new text begin Death to an unborn child. new text end

new text begin A person is guilty of criminal vehicular
operation resulting in death to an unborn child and may be sentenced to imprisonment for
not more than ten years or to payment of a fine of not more than $20,000, or both, if the
person causes the death of an unborn child as a result of operating a motor vehicle:
new text end

new text begin (1) in a grossly negligent manner;
new text end

new text begin (2) in a negligent manner while under the influence of:
new text end

new text begin (i) alcohol;
new text end

new text begin (ii) a controlled substance; or
new text end

new text begin (iii) any combination of those elements;
new text end

new text begin (3) while having an alcohol concentration of 0.08 or more;
new text end

new text begin (4) while having an alcohol concentration of 0.08 or more, as measured within
two hours of the time of driving;
new text end

new text begin (5) in a negligent manner while knowingly under the influence of a hazardous
substance;
new text end

new text begin (6) in a negligent manner while any amount of a controlled substance listed in
Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is
present in the person's body;
new text end

new text begin (7) where the driver who causes the accident leaves the scene of the accident in
violation of section 169.09, subdivision 1 or 6; or
new text end

new text begin (8) where the driver had actual knowledge that a peace officer had previously issued a
citation or warning that the motor vehicle was defectively maintained, the driver had actual
knowledge that remedial action was not taken, the driver had reason to know that the defect
created a present danger to others, and the injury was caused by the defective maintenance.
new text end

new text begin Subd. 2. new text end

new text begin Injury to an unborn child. new text end

new text begin A person is guilty of criminal vehicular
operation resulting in injury to an unborn child and may be sentenced to imprisonment
for not more than five years or to payment of a fine of not more than $10,000, or both,
if the person causes the great bodily harm to an unborn child subsequently born alive
as a result of operating a motor vehicle:
new text end

new text begin (1) in a grossly negligent manner;
new text end

new text begin (2) in a negligent manner while under the influence of:
new text end

new text begin (i) alcohol;
new text end

new text begin (ii) a controlled substance; or
new text end

new text begin (iii) any combination of those elements;
new text end

new text begin (3) while having an alcohol concentration of 0.08 or more;
new text end

new text begin (4) while having an alcohol concentration of 0.08 or more, as measured within
two hours of the time of driving;
new text end

new text begin (5) in a negligent manner while knowingly under the influence of a hazardous
substance;
new text end

new text begin (6) in a negligent manner while any amount of a controlled substance listed in
Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is
present in the person's body;
new text end

new text begin (7) where the driver who causes the accident leaves the scene of the accident in
violation of section 169.09, subdivision 1 or 6; or
new text end

new text begin (8) where the driver had actual knowledge that a peace officer had previously issued a
citation or warning that the motor vehicle was defectively maintained, the driver had actual
knowledge that remedial action was not taken, the driver had reason to know that the defect
created a present danger to others, and the injury was caused by the defective maintenance.
new text end

new text begin Subd. 3. new text end

new text begin Affirmative defense. new text end

new text begin It shall be an affirmative defense to a charge under
subdivisions 1, clause (6), and 2, clause (6), that the defendant used the controlled
substance according to the terms of a prescription issued for the defendant in accordance
with sections 152.11 and 152.12.
new text end

Sec. 9. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber the provisions of Minnesota Statutes listed in
Column A to the references listed in column B. The revisor shall also make necessary
cross-reference changes in Minnesota Statutes and Minnesota Rules consistent with the
renumbering in this instruction.
new text end

	new text begin Column A new text end	new text begin Column B new text end
	new text begin 609.21, subdivision 5 new text end	new text begin 609.2111 new text end
	new text begin 609.21, subdivision 1 new text end	new text begin 609.2112, subdivision 1 new text end
	new text begin 609.21, subdivision 4a new text end	new text begin 609.2112, subdivision 2 new text end
	new text begin 609.21, subdivision 1a new text end	new text begin 609.2113, subdivision 1 new text end
	new text begin 609.2113, subdivision 1 new text end	new text begin 609.2113, subdivision 2 new text end
	new text begin 609.2113, subdivision 2 new text end	new text begin 609.2113, subdivision 3 new text end
	new text begin 609.2113, subdivision 3 new text end	new text begin 609.2113, subdivision 4 new text end
	new text begin 609.21, subdivision 1b new text end	new text begin 609.2114, subdivision 3 new text end
	new text begin 609.2114, subdivision 3 new text end	new text begin 609.2114, subdivision 4 new text end