Minnesota Legislature
SF 2571
as introduced - 88th Legislature (2013 - 2014) Posted on 03/21/2014 04:04pm
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A bill for an act
relating to public safety; providing technical amendments to criminal vehicular
homicide or operation statute; amending Minnesota Statutes 2012, section
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 609.21, subdivision 1, is amended to read:
Subdivision 1.
Criminal vehicular homicide deleted text begin or operation; crime describeddeleted text end .
A
person is guilty of criminal vehicular homicide deleted text begin or operationdeleted text end and may be sentenced deleted text begin as
provided in subdivision 1a, if the person causes injury to ordeleted 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 causesnew text end the death of deleted text begin anotherdeleted 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 ordeleted text end death was caused by the
defective maintenance.
Sec. 2.
Minnesota Statutes 2012, section 609.21, subdivision 1a, is amended to read:
Subd. 1a.
deleted text begin Criminal penaltiesdeleted text end new text begin Great bodily harmnew 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. 3.
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 sectiondeleted text end new text begin sections 609.2111 to 609.2114new 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. 4.
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. 5.
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. 6. 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 |