HF 341

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes; imposing strict liability and 
  1.3             prescribing criminal penalties for unlicensed driver 
  1.4             involved in traffic accident resulting in bodily harm 
  1.5             or death to another; proposing coding for new law in 
  1.6             Minnesota Statutes, chapter 609. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [609.212] [TRAFFIC ACCIDENT WHEN DRIVER LACKS 
  1.9   VALID LICENSE; BODILY INJURY OR DEATH; STRICT LIABILITY.] 
  1.10     Subdivision 1.  [DEFINITION; APPLICABILITY.] (a) For 
  1.11  purposes of this section "driving without a valid license" 
  1.12  includes any of the following offenses: 
  1.13     (1) driving after suspension within the meaning of section 
  1.14  171.24, subdivision 1; 
  1.15     (2) driving after revocation within the meaning of section 
  1.16  171.24, subdivision 2; 
  1.17     (3) driving after cancellation within the meaning of 
  1.18  section 171.24, subdivision 3; 
  1.19     (4) driving after disqualification within the meaning of 
  1.20  section 171.24, subdivision 4; or 
  1.21     (5) driving after cancellation or denial within the meaning 
  1.22  of section 171.24, subdivision 5. 
  1.23     (b) This section does not apply to an accident involving a 
  1.24  person driving without a valid license when the person is 
  1.25  operating a motor vehicle on property not generally available to 
  1.26  the traveling public, with permission of the property owner, or 
  2.1   when the motor vehicle is legally parked. 
  2.2      Subd. 2.  [CRIMINAL PENALTIES.] A person is guilty of a 
  2.3   crime if the person, while driving without a valid license, is 
  2.4   involved in a traffic accident that results in death or bodily 
  2.5   harm to another human being, but which does not constitute 
  2.6   murder or manslaughter.  The person is subject to a fine or 
  2.7   imprisonment, or both, as follows: 
  2.8      (1) if the accident results in the death of another, to 
  2.9   imprisonment for not more than ten years or to payment of a fine 
  2.10  of not more than $20,000, or both; 
  2.11     (2) if the accident results in great bodily harm to 
  2.12  another, to imprisonment for not more than seven years or to 
  2.13  payment of a fine of not more than $14,000, or both; 
  2.14     (3) if the accident results in substantial bodily harm, to 
  2.15  imprisonment for not more than five years or to payment of a 
  2.16  fine of not more than $10,000, or both; or 
  2.17     (4) if the accident results in bodily harm to another, 
  2.18  which does not amount to either substantial bodily harm or great 
  2.19  bodily harm, to imprisonment for not more than one year or to 
  2.20  payment of a fine of not more than $3,000, or both. 
  2.21     Subd. 3.  [STRICT LIABILITY.] The crimes defined in 
  2.22  subdivision 2 do not require proof of any degree or type of 
  2.23  fault for, or causation of, the traffic accident involving the 
  2.24  person driving without a valid license.  A person found guilty 
  2.25  of committing a crime described in subdivision 2 is strictly 
  2.26  liable for damages to the person or property of another human 
  2.27  being that were incurred as a result of the traffic accident.  
  2.28     Subd. 4.  [MANDATORY PROSECUTION.] Upon determining that a 
  2.29  person driving without a valid license was involved in a traffic 
  2.30  accident in violation of a crime described in subdivision 2, the 
  2.31  prosecuting attorney shall charge the defendant with the 
  2.32  appropriate crime under that subdivision. 
  2.33     Subd. 5.  [NO PLEA BARGAINING FOR FELONY.] A prosecuting 
  2.34  attorney may not enter into plea negotiations with a defendant 
  2.35  charged with a violation of subdivision 2, clause (1), (2), or 
  2.36  (3). 
  3.1      Sec. 2.  [EFFECTIVE DATE.] 
  3.2      Section 1 is effective August 1, 2001, and applies to 
  3.3   crimes committed on or after that date.