SF 58

2nd Unofficial Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes; reducing from 0.10 to 0.08 the per 
  1.3             se alcohol concentration level for impairment offenses 
  1.4             involving driving a motor vehicle, criminal vehicular 
  1.5             homicide and injury, operating recreational vehicles 
  1.6             or watercraft, hunting, or operating military vehicles 
  1.7             while impaired; modifying related provisions 
  1.8             allocating fine and surcharge proceeds; modifying 
  1.9             requirement relating to immunity from liability for 
  1.10            breath alcohol testing devices; requiring a report; 
  1.11            amending Minnesota Statutes 2002, sections 97B.065, 
  1.12            subdivision 1; 97B.066, subdivision 1; 169A.20, 
  1.13            subdivision 1; 169A.51, subdivision 1; 169A.52, 
  1.14            subdivisions 2, 4, 7; 169A.54, subdivision 7; 169A.76; 
  1.15            171.12, subdivision 3; 192A.555; 604A.30; 609.21; 
  1.16            Minnesota Statutes 2003 Supplement, sections 169A.53, 
  1.17            subdivision 3; 357.021, subdivision 7; 609.101, 
  1.18            subdivision 4. 
  1.19  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.20     Section 1.  Minnesota Statutes 2002, section 97B.065, 
  1.21  subdivision 1, is amended to read: 
  1.22     Subdivision 1.  [ACTS PROHIBITED.] (a) A person may not 
  1.23  take wild animals with a firearm or by archery:  
  1.24     (1) when the person is under the influence of alcohol; 
  1.25     (2) when the person is under the influence of a controlled 
  1.26  substance, as defined in section 152.01, subdivision 4; 
  1.27     (3) when the person is under the influence of a combination 
  1.28  of any two or more of the elements in clauses (1) and (2); 
  1.29     (4) when the person's alcohol concentration is 0.10 0.08 or 
  1.30  more; 
  1.31     (5) when the person's alcohol concentration as measured 
  1.32  within two hours of the time of taking is 0.10 0.08 or more; or 
  2.1      (6) when the person is knowingly under the influence of any 
  2.2   chemical compound or combination of chemical compounds that is 
  2.3   listed as a hazardous substance in rules adopted under section 
  2.4   182.655 and that affects the nervous system, brain, or muscles 
  2.5   of the person so as to substantially impair the person's ability 
  2.6   to operate a firearm or bow and arrow. 
  2.7      (b) An owner or other person having charge or control of a 
  2.8   firearm or bow may not authorize or permit an individual the 
  2.9   person knows or has reason to believe is under the influence of 
  2.10  alcohol or a controlled substance, as provided under paragraph 
  2.11  (a), to possess the firearm or bow in this state or on a 
  2.12  boundary water of this state. 
  2.13     (c) A person may not possess a loaded or uncased firearm or 
  2.14  an uncased bow afield under any of the conditions in paragraph 
  2.15  (a). 
  2.16     Sec. 2.  Minnesota Statutes 2002, section 97B.066, 
  2.17  subdivision 1, is amended to read: 
  2.18     Subdivision 1.  [MANDATORY CHEMICAL TESTING.] A person who 
  2.19  takes wild animals with a bow or firearm in this state or on a 
  2.20  boundary water of this state is required, subject to the 
  2.21  provisions of this section, to take or submit to a test of the 
  2.22  person's blood, breath, or urine for the purpose of determining 
  2.23  the presence and amount of alcohol or a controlled substance.  
  2.24  The test shall be administered at the direction of an officer 
  2.25  authorized to make arrests under section 97B.065, subdivision 
  2.26  2.  Taking or submitting to the test is mandatory when requested 
  2.27  by an officer who has probable cause to believe the person was 
  2.28  hunting in violation of section 97B.065, subdivision 1, 
  2.29  paragraph (a) or (c), and one of the following conditions exists:
  2.30     (1) the person has been lawfully placed under arrest for 
  2.31  violating section 97B.065, subdivision 1, paragraph (a) or (c); 
  2.32     (2) the person has been involved while hunting in an 
  2.33  accident resulting in property damage, personal injury, or 
  2.34  death; 
  2.35     (3) the person has refused to take the preliminary 
  2.36  screening test provided for in section 97B.065, subdivision 3; 
  3.1   or 
  3.2      (4) the screening test was administered and indicated an 
  3.3   alcohol concentration of 0.10 0.08 or more. 
  3.4      Sec. 3.  Minnesota Statutes 2002, section 169A.20, 
  3.5   subdivision 1, is amended to read: 
  3.6      Subdivision 1.  [DRIVING WHILE IMPAIRED CRIME.] It is a 
  3.7   crime for any person to drive, operate, or be in physical 
  3.8   control of any motor vehicle within this state or on any 
  3.9   boundary water of this state: 
  3.10     (1) when the person is under the influence of alcohol; 
  3.11     (2) when the person is under the influence of a controlled 
  3.12  substance; 
  3.13     (3) when the person is knowingly under the influence of a 
  3.14  hazardous substance that affects the nervous system, brain, or 
  3.15  muscles of the person so as to substantially impair the person's 
  3.16  ability to drive or operate the motor vehicle; 
  3.17     (4) when the person is under the influence of a combination 
  3.18  of any two or more of the elements named in clauses (1), (2), 
  3.19  and (3); 
  3.20     (5) when the person's alcohol concentration at the time, or 
  3.21  as measured within two hours of the time, of driving, operating, 
  3.22  or being in physical control of the motor vehicle is 0.10 0.08 
  3.23  or more; 
  3.24     (6) when the vehicle is a commercial motor vehicle and the 
  3.25  person's alcohol concentration at the time, or as measured 
  3.26  within two hours of the time, of driving, operating, or being in 
  3.27  physical control of the commercial motor vehicle is 0.04 or 
  3.28  more; or 
  3.29     (7) when the person's body contains any amount of a 
  3.30  controlled substance listed in schedule I or II other than 
  3.31  marijuana or tetrahydrocannabinols. 
  3.32     Sec. 4.  Minnesota Statutes 2002, section 169A.51, 
  3.33  subdivision 1, is amended to read: 
  3.34     Subdivision 1.  [IMPLIED CONSENT; CONDITIONS; ELECTION OF 
  3.35  TEST.] (a) Any person who drives, operates, or is in physical 
  3.36  control of a motor vehicle within this state or on any boundary 
  4.1   water of this state consents, subject to the provisions of 
  4.2   sections 169A.50 to 169A.53 (implied consent law), and section 
  4.3   169A.20 (driving while impaired), to a chemical test of that 
  4.4   person's blood, breath, or urine for the purpose of determining 
  4.5   the presence of alcohol, controlled substances, or hazardous 
  4.6   substances.  The test must be administered at the direction of a 
  4.7   peace officer. 
  4.8      (b) The test may be required of a person when an officer 
  4.9   has probable cause to believe the person was driving, operating, 
  4.10  or in physical control of a motor vehicle in violation of 
  4.11  section 169A.20 (driving while impaired), and one of the 
  4.12  following conditions exist: 
  4.13     (1) the person has been lawfully placed under arrest for 
  4.14  violation of section 169A.20 or an ordinance in conformity with 
  4.15  it; 
  4.16     (2) the person has been involved in a motor vehicle 
  4.17  accident or collision resulting in property damage, personal 
  4.18  injury, or death; 
  4.19     (3) the person has refused to take the screening test 
  4.20  provided for by section 169A.41 (preliminary screening test); or 
  4.21     (4) the screening test was administered and indicated an 
  4.22  alcohol concentration of 0.10 0.08 or more. 
  4.23     (c) The test may also be required of a person when an 
  4.24  officer has probable cause to believe the person was driving, 
  4.25  operating, or in physical control of a commercial motor vehicle 
  4.26  with the presence of any alcohol. 
  4.27     Sec. 5.  Minnesota Statutes 2002, section 169A.52, 
  4.28  subdivision 2, is amended to read: 
  4.29     Subd. 2.  [REPORTING TEST FAILURE.] If a person submits to 
  4.30  a test, the results of that test must be reported to the 
  4.31  commissioner and to the authority having responsibility for 
  4.32  prosecution of impaired driving offenses for the jurisdiction in 
  4.33  which the acts occurred, if the test results indicate: 
  4.34     (1) an alcohol concentration of 0.10 0.08 or more; 
  4.35     (2) an alcohol concentration of 0.04 or more, if the person 
  4.36  was driving, operating, or in physical control of a commercial 
  5.1   motor vehicle at the time of the violation; or 
  5.2      (3) the presence of a controlled substance listed in 
  5.3   schedule I or II, other than marijuana or tetrahydrocannabinols. 
  5.4      Sec. 6.  Minnesota Statutes 2002, section 169A.52, 
  5.5   subdivision 4, is amended to read: 
  5.6      Subd. 4.  [TEST FAILURE; LICENSE REVOCATION.] (a) Upon 
  5.7   certification by the peace officer that there existed probable 
  5.8   cause to believe the person had been driving, operating, or in 
  5.9   physical control of a motor vehicle in violation of section 
  5.10  169A.20 (driving while impaired) and that the person submitted 
  5.11  to a test and the test results indicate an alcohol concentration 
  5.12  of 0.10 0.08 or more or the presence of a controlled substance 
  5.13  listed in schedule I or II, other than marijuana or 
  5.14  tetrahydrocannabinols, then the commissioner shall revoke the 
  5.15  person's license or permit to drive, or nonresident operating 
  5.16  privilege: 
  5.17     (1) for a period of 90 days; 
  5.18     (2) if the person is under the age of 21 years, for a 
  5.19  period of six months; 
  5.20     (3) for a person with a qualified prior impaired driving 
  5.21  incident within the past ten years, for a period of 180 days; or 
  5.22     (4) if the test results indicate an alcohol concentration 
  5.23  of 0.20 or more, for twice the applicable period in clauses (1) 
  5.24  to (3). 
  5.25     (b) On certification by the peace officer that there 
  5.26  existed probable cause to believe the person had been driving, 
  5.27  operating, or in physical control of a commercial motor vehicle 
  5.28  with any presence of alcohol and that the person submitted to a 
  5.29  test and the test results indicated an alcohol concentration of 
  5.30  0.04 or more, the commissioner shall disqualify the person from 
  5.31  operating a commercial motor vehicle under section 171.165 
  5.32  (commercial driver's license disqualification). 
  5.33     Sec. 7.  Minnesota Statutes 2002, section 169A.52, 
  5.34  subdivision 7, is amended to read: 
  5.35     Subd. 7.  [TEST REFUSAL; DRIVING PRIVILEGE LOST.] (a) On 
  5.36  behalf of the commissioner, a peace officer requiring a test or 
  6.1   directing the administration of a chemical test shall serve 
  6.2   immediate notice of intention to revoke and of revocation on a 
  6.3   person who refuses to permit a test or on a person who submits 
  6.4   to a test the results of which indicate an alcohol concentration 
  6.5   of 0.10 0.08 or more. 
  6.6      (b) On behalf of the commissioner, a peace officer 
  6.7   requiring a test or directing the administration of a chemical 
  6.8   test of a person driving, operating, or in physical control of a 
  6.9   commercial motor vehicle shall serve immediate notice of 
  6.10  intention to disqualify and of disqualification on a person who 
  6.11  refuses to permit a test, or on a person who submits to a test 
  6.12  the results of which indicate an alcohol concentration of 0.04 
  6.13  or more. 
  6.14     (c) The officer shall either: 
  6.15     (1) take the driver's license or permit, if any, send it to 
  6.16  the commissioner along with the certificate required by 
  6.17  subdivision 3 or 4, and issue a temporary license effective only 
  6.18  for seven days; or 
  6.19     (2) invalidate the driver's license or permit in such a way 
  6.20  that no identifying information is destroyed. 
  6.21     Sec. 8.  Minnesota Statutes 2003 Supplement, section 
  6.22  169A.53, subdivision 3, is amended to read: 
  6.23     Subd. 3.  [JUDICIAL HEARING; ISSUES, ORDER, APPEAL.] (a) A 
  6.24  judicial review hearing under this section must be before a 
  6.25  district judge in any county in the judicial district where the 
  6.26  alleged offense occurred.  The hearing is to the court and may 
  6.27  be conducted at the same time and in the same manner as hearings 
  6.28  upon pretrial motions in the criminal prosecution under section 
  6.29  169A.20 (driving while impaired), if any.  The hearing must be 
  6.30  recorded.  The commissioner shall appear and be represented by 
  6.31  the attorney general or through the prosecuting authority for 
  6.32  the jurisdiction involved.  The judicial district administrator 
  6.33  shall establish procedures to ensure efficient compliance with 
  6.34  this subdivision.  To accomplish this, the administrator may, 
  6.35  whenever possible, consolidate and transfer review hearings 
  6.36  among the locations within the judicial district where terms of 
  7.1   district court are held. 
  7.2      (b) The scope of the hearing is limited to the issues in 
  7.3   clauses (1) to (10): 
  7.4      (1) Did the peace officer have probable cause to believe 
  7.5   the person was driving, operating, or in physical control of a 
  7.6   motor vehicle or commercial motor vehicle in violation of 
  7.7   section 169A.20 (driving while impaired)? 
  7.8      (2) Was the person lawfully placed under arrest for 
  7.9   violation of section 169A.20? 
  7.10     (3) Was the person involved in a motor vehicle accident or 
  7.11  collision resulting in property damage, personal injury, or 
  7.12  death? 
  7.13     (4) Did the person refuse to take a screening test provided 
  7.14  for by section 169A.41 (preliminary screening test)? 
  7.15     (5) If the screening test was administered, did the test 
  7.16  indicate an alcohol concentration of 0.10 0.08 or more? 
  7.17     (6) At the time of the request for the test, did the peace 
  7.18  officer inform the person of the person's rights and the 
  7.19  consequences of taking or refusing the test as required by 
  7.20  section 169A.51, subdivision 2? 
  7.21     (7) Did the person refuse to permit the test? 
  7.22     (8) If a test was taken by a person driving, operating, or 
  7.23  in physical control of a motor vehicle, did the test results 
  7.24  indicate at the time of testing: 
  7.25     (i) an alcohol concentration of 0.10 0.08 or more; or 
  7.26     (ii) the presence of a controlled substance listed in 
  7.27  schedule I or II, other than marijuana or tetrahydrocannabinols? 
  7.28     (9) If a test was taken by a person driving, operating, or 
  7.29  in physical control of a commercial motor vehicle, did the test 
  7.30  results indicate an alcohol concentration of 0.04 or more at the 
  7.31  time of testing? 
  7.32     (10) Was the testing method used valid and reliable and 
  7.33  were the test results accurately evaluated? 
  7.34     (c) It is an affirmative defense for the petitioner to 
  7.35  prove that, at the time of the refusal, the petitioner's refusal 
  7.36  to permit the test was based upon reasonable grounds. 
  8.1      (d) Certified or otherwise authenticated copies of 
  8.2   laboratory or medical personnel reports, records, documents, 
  8.3   licenses, and certificates are admissible as substantive 
  8.4   evidence. 
  8.5      (e) The court shall order that the revocation or 
  8.6   disqualification be either rescinded or sustained and forward 
  8.7   the order to the commissioner.  If the revocation or 
  8.8   disqualification is sustained, the court shall also forward the 
  8.9   person's driver's license or permit to the commissioner for 
  8.10  further action by the commissioner if the license or permit is 
  8.11  not already in the commissioner's possession. 
  8.12     (f) Any party aggrieved by the decision of the reviewing 
  8.13  court may appeal the decision as provided in the Rules of 
  8.14  Appellate Procedure. 
  8.15     (g) The civil hearing under this section shall not give 
  8.16  rise to an estoppel on any issues arising from the same set of 
  8.17  circumstances in any criminal prosecution. 
  8.18     Sec. 9.  Minnesota Statutes 2002, section 169A.54, 
  8.19  subdivision 7, is amended to read: 
  8.20     Subd. 7.  [ALCOHOL-RELATED COMMERCIAL VEHICLE DRIVING 
  8.21  VIOLATIONS.] (a) The administrative penalties described in 
  8.22  subdivision 1 do not apply to violations of section 169A.20, 
  8.23  subdivision 1 (driving while impaired crime), by a person 
  8.24  operating a commercial motor vehicle unless the person's alcohol 
  8.25  concentration as measured at the time, or within two hours of 
  8.26  the time, of the operation was 0.10 0.08 or more or the person 
  8.27  violates section 169A.20, subdivision 1, clauses (1) to (4) or 
  8.28  (7). 
  8.29     (b) The commissioner shall disqualify a person from 
  8.30  operating a commercial motor vehicle as provided under section 
  8.31  171.165 (commercial driver's license, disqualification), on 
  8.32  receipt of a record of conviction for a violation of section 
  8.33  169A.20.  
  8.34     (c) A person driving, operating, or in physical control of 
  8.35  a commercial motor vehicle with any presence of alcohol is 
  8.36  prohibited from operating a commercial motor vehicle for 24 
  9.1   hours from issuance of an out-of-service order. 
  9.2      Sec. 10.  Minnesota Statutes 2002, section 169A.76, is 
  9.3   amended to read: 
  9.4      169A.76 [CIVIL ACTION; PUNITIVE DAMAGES.] 
  9.5      (a) In a civil action involving a motor vehicle accident, 
  9.6   it is sufficient for the trier of fact to consider an award of 
  9.7   punitive damages if there is evidence that the accident was 
  9.8   caused by a driver: 
  9.9      (1) with an alcohol concentration of 0.10 0.08 or more; 
  9.10     (2) who was under the influence of a controlled substance; 
  9.11     (3) who was under the influence of alcohol and refused to 
  9.12  take a test required under section 169A.51 (chemical tests for 
  9.13  intoxication); or 
  9.14     (4) who was knowingly under the influence of a hazardous 
  9.15  substance that substantially affects the person's nervous 
  9.16  system, brain, or muscles so as to impair the person's ability 
  9.17  to drive or operate a motor vehicle. 
  9.18     (b) A criminal charge or conviction is not a prerequisite 
  9.19  to consideration of punitive damages under this section.  At the 
  9.20  trial in an action where the trier of fact will consider an 
  9.21  award of punitive damages, evidence that the driver has been 
  9.22  convicted of violating section 169A.20 (driving while impaired) 
  9.23  or 609.21 (criminal vehicular homicide and injury) is admissible 
  9.24  into evidence. 
  9.25     Sec. 11.  Minnesota Statutes 2002, section 171.12, 
  9.26  subdivision 3, is amended to read: 
  9.27     Subd. 3.  [APPLICATION AND RECORD, WHEN DESTROYED.] The 
  9.28  department may cause applications for drivers' licenses, 
  9.29  provisional licenses, and instruction permits, and related 
  9.30  records, to be destroyed immediately after the period for which 
  9.31  issued, except that: 
  9.32     (1) the driver's record pertaining to revocations, 
  9.33  suspensions, cancellations, disqualifications, convictions, and 
  9.34  accidents shall be cumulative and kept for a period of at least 
  9.35  five years; and 
  9.36     (2) the driver's record pertaining to the alcohol-related 
 10.1   offenses and licensing actions listed in section 169A.03, 
 10.2   subdivisions 20 and 21, and to violations of sections 169A.31 
 10.3   and 171.24, subdivision 5, shall be cumulative and kept for a 
 10.4   period of at least 15 years, except as provided in clause (3); 
 10.5   and 
 10.6      (3) the driver's record pertaining to an offense, or a 
 10.7   related licensing action, under section 169A.20, subdivision 1, 
 10.8   clause (1) or (5), must be purged after ten years of any 
 10.9   reference to the offense or action if (i) this offense or action 
 10.10  involved an alcohol concentration of 0.08 or more but less than 
 10.11  0.10, (ii) this offense or action was a first impaired driving 
 10.12  incident, and (iii) the driver has incurred no other impaired 
 10.13  driving incident during the ten-year period.  For purposes of 
 10.14  this clause, "impaired driving incident" includes any incident 
 10.15  that may be counted as a prior impaired driving conviction or a 
 10.16  prior impaired driving-related loss of license, as defined in 
 10.17  section 169A.03, subdivisions 20 and 21. 
 10.18     Sec. 12.  Minnesota Statutes 2002, section 192A.555, is 
 10.19  amended to read: 
 10.20     192A.555 [DRIVING WHILE UNDER THE INFLUENCE OR RECKLESS 
 10.21  DRIVING.] 
 10.22     Any person subject to this code who drives, operates or is 
 10.23  in physical control of any motor vehicle or aircraft while under 
 10.24  the influence of an alcoholic beverage or controlled substance 
 10.25  or a combination thereof or whose blood contains 0.10 0.08 
 10.26  percent or more by weight of alcohol or who operates said motor 
 10.27  vehicle or aircraft in a reckless or wanton manner, shall be 
 10.28  punished as a court-martial may direct.  
 10.29     Sec. 13.  Minnesota Statutes 2003 Supplement, section 
 10.30  357.021, subdivision 7, is amended to read: 
 10.31     Subd. 7.  [DISBURSEMENT OF SURCHARGES BY COMMISSIONER OF 
 10.32  FINANCE.] (a) Except as provided in paragraphs (b) and (c), the 
 10.33  commissioner of finance shall disburse surcharges received under 
 10.34  subdivision 6 and section 97A.065, subdivision 2, as follows: 
 10.35     (1) one percent shall be credited to the game and fish fund 
 10.36  to provide peace officer training for employees of the 
 11.1   Department of Natural Resources who are licensed under sections 
 11.2   626.84 to 626.863, and who possess peace officer authority for 
 11.3   the purpose of enforcing game and fish laws; 
 11.4      (2) 39 percent shall be credited to the peace officers 
 11.5   training account in the special revenue fund; and 
 11.6      (3) 60 percent shall be credited to the general fund.  
 11.7      (b) The commissioner of finance shall credit $3 of each 
 11.8   surcharge received under subdivision 6 and section 97A.065, 
 11.9   subdivision 2, to the general fund. 
 11.10     (c) In addition to any amounts credited under paragraph 
 11.11  (a), the commissioner of finance shall credit $32 $35 of each 
 11.12  surcharge received under subdivision 6 and section 97A.065, 
 11.13  subdivision 2, and the $3 parking surcharge, to the general fund.
 11.14     (c) The amounts otherwise credited to the general fund 
 11.15  under paragraph (a), clause (3), and paragraph (b) for a first 
 11.16  offense under section 169A.20 (driving while impaired), 
 11.17  subdivision 1, clause (1) or (5), that involved an alcohol 
 11.18  concentration of 0.08 or more but less than 0.10, must instead 
 11.19  be forwarded to the jurisdiction responsible for prosecuting the 
 11.20  offense. 
 11.21     Sec. 14.  Minnesota Statutes 2002, section 604A.30, is 
 11.22  amended to read: 
 11.23     604A.30 [BREATH ALCOHOL TESTING DEVICE IN LIQUOR 
 11.24  ESTABLISHMENTS.] 
 11.25     Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
 11.26  section, the following terms have the meanings given them. 
 11.27     (b) "Breath alcohol testing device" means a device that 
 11.28  tests for alcohol concentration by using a breath sample. 
 11.29     (c) "Licensed premises" has the meaning given in section 
 11.30  340A.101, subdivision 15. 
 11.31     (d) "Liquor licensee" means a person licensed under 
 11.32  sections 340A.403 to 340A.407 or 340A.414, and includes an agent 
 11.33  or employee of a licensee. 
 11.34     Subd. 2.  [IMMUNITY FROM LIABILITY.] (a) Subject to 
 11.35  subdivision 3, a liquor licensee who administers or makes 
 11.36  available a breath alcohol testing device in the licensed 
 12.1   premises is immune from any liability arising out of the result 
 12.2   of the test.  
 12.3      (b) Subject to subdivision 3, a designer, manufacturer, 
 12.4   distributor, owner, or seller of a breath alcohol testing device 
 12.5   is immune from any products liability or other cause of action 
 12.6   arising out of the result of a test by the breath alcohol 
 12.7   testing device in a licensed premises. 
 12.8      Subd. 3.  [IMMUNITY REQUIREMENTS.] Subdivision 2 applies 
 12.9   only if: 
 12.10     (1) a conspicuous notice is posted in the licensed premises:
 12.11     (i) on the breath alcohol testing device or immediately 
 12.12  adjacent to the device informing patrons of the immunity 
 12.13  provisions of subdivision 2 and notifying them that the test is 
 12.14  made available solely for their own informal use and 
 12.15  information; and 
 12.16     (ii) (2) a conspicuous notice is posted in the licensed 
 12.17  premises informing patrons of the alcohol-related driving 
 12.18  penalties under chapter 169A and section 609.21; 
 12.19     (2) the type of breath alcohol testing device is certified 
 12.20  by the commissioner of public safety under subdivision 7; and 
 12.21     (3) the breath alcohol testing device is calibrated, and 
 12.22  all maintenance is performed, on a frequency and in a manner 
 12.23  that follows at least the minimum guidelines of the 
 12.24  manufacturer; 
 12.25     (4) the breath alcohol testing device test results are 
 12.26  indicated as follows: 
 12.27     (i) the breath alcohol testing device shows a white light 
 12.28  and gives a reading of alcohol concentration if alcohol 
 12.29  concentration is less than .05; 
 12.30     (ii) the breath alcohol testing device shows a yellow light 
 12.31  and gives a reading of alcohol concentration if alcohol 
 12.32  concentration is .05 or more but less than .08; 
 12.33     (iii) the breath alcohol testing device shows an orange 
 12.34  light and gives a reading of alcohol concentration if alcohol 
 12.35  concentration is .08 or more but less than .10, and displays a 
 12.36  message that states "You are close to the legal limit and your 
 13.1   driving may be impaired"; or 
 13.2      (iv) the breath alcohol testing device shows a red light if 
 13.3   alcohol concentration is .10 or greater but does not give a 
 13.4   reading of alcohol concentration, and displays a message that 
 13.5   states that the person fails the test conveys the test results 
 13.6   via feedback that includes an audio or voice response and a 
 13.7   graduated colored light display; and 
 13.8      (5) the breath alcohol testing device clearly indicates 
 13.9   when alcohol concentration exceeds .09 but does not indicate 
 13.10  actual or graduated alcohol concentration levels over .09.  
 13.11     A breath alcohol testing device may also include a digital 
 13.12  or numerical readout up to .09 alcohol concentration. 
 13.13     Subd. 4.  [EVIDENCE.] Evidence regarding the result of a 
 13.14  test by a breath alcohol testing device in a licensed premises 
 13.15  is not admissible in any civil or criminal proceeding.  
 13.16     Subd. 5.  [DRAMSHOP.] This section does not affect 
 13.17  liability under section 340A.801. 
 13.18     Subd. 6.  [PREPARATION OF NOTICE.] The commissioner of 
 13.19  public safety shall prepare and make available to liquor 
 13.20  licensees the notices described in subdivision 3. 
 13.21     Subd. 7.  [RULES; CERTIFICATION.] The commissioner of 
 13.22  public safety shall adopt any rules reasonably required to 
 13.23  implement this section, including performance and maintenance 
 13.24  standards for breath alcohol testing devices.  The commissioner 
 13.25  shall certify breath alcohol testing devices that meet the 
 13.26  performance standards.  The costs of rulemaking and 
 13.27  certification must be borne by the manufacturers of the breath 
 13.28  alcohol testing devices. 
 13.29     Sec. 15.  Minnesota Statutes 2003 Supplement, section 
 13.30  609.101, subdivision 4, is amended to read: 
 13.31     Subd. 4.  [MINIMUM FINES; OTHER CRIMES.] (a) 
 13.32  Notwithstanding any other law: 
 13.33     (1) when a court sentences a person convicted of a felony 
 13.34  that is not listed in subdivision 2 or 3, it must impose a fine 
 13.35  of not less than 30 percent of the maximum fine authorized by 
 13.36  law nor more than the maximum fine authorized by law; and 
 14.1      (2) when a court sentences a person convicted of a gross 
 14.2   misdemeanor or misdemeanor that is not listed in subdivision 2, 
 14.3   it must impose a fine of not less than 30 percent of the maximum 
 14.4   fine authorized by law nor more than the maximum fine authorized 
 14.5   by law, unless the fine is set at a lower amount on a uniform 
 14.6   fine schedule established by the conference of chief judges in 
 14.7   consultation with affected state and local agencies.  This 
 14.8   schedule shall be promulgated not later than September 1 of each 
 14.9   year and shall become effective on January 1 of the next year 
 14.10  unless the legislature, by law, provides otherwise. 
 14.11     (b) The minimum fine required by this subdivision is in 
 14.12  addition to the surcharge or assessment required by section 
 14.13  357.021, subdivision 6, and is in addition to any sentence of 
 14.14  imprisonment or restitution imposed or ordered by the court. 
 14.15     (c) The court shall collect the fines mandated in this 
 14.16  subdivision and forward 20 percent of the revenues to the 
 14.17  commissioner of finance for deposit in the general fund, except 
 14.18  for fines for: 
 14.19     (1) traffic and motor vehicle violations governed by 
 14.20  section 169.871 and section 299D.03; 
 14.21     (2) first offenses under section 169A.20 (driving while 
 14.22  impaired), subdivision 1, clause (1) or (5), that involved an 
 14.23  alcohol concentration of 0.08 or more but less than 0.10; and 
 14.24     (3) fish and game violations governed by section 97A.065, 
 14.25  forward 20 percent of the revenues to the commissioner of 
 14.26  finance for deposit in the general fund. 
 14.27     Sec. 16.  Minnesota Statutes 2002, section 609.21, is 
 14.28  amended to read: 
 14.29     609.21 [CRIMINAL VEHICULAR HOMICIDE AND INJURY.] 
 14.30     Subdivision 1.  [CRIMINAL VEHICULAR HOMICIDE.] A person is 
 14.31  guilty of criminal vehicular homicide resulting in death and may 
 14.32  be sentenced to imprisonment for not more than ten years or to 
 14.33  payment of a fine of not more than $20,000, or both, if the 
 14.34  person causes the death of a human being not constituting murder 
 14.35  or manslaughter as a result of operating a motor vehicle: 
 14.36     (1) in a grossly negligent manner; 
 15.1      (2) in a negligent manner while under the influence of: 
 15.2      (i) alcohol; 
 15.3      (ii) a controlled substance; or 
 15.4      (iii) any combination of those elements; 
 15.5      (3) while having an alcohol concentration of 0.10 0.08 or 
 15.6   more; 
 15.7      (4) while having an alcohol concentration of 0.10 0.08 or 
 15.8   more, as measured within two hours of the time of driving; 
 15.9      (5) in a negligent manner while knowingly under the 
 15.10  influence of a hazardous substance; 
 15.11     (6) in a negligent manner while any amount of a controlled 
 15.12  substance listed in schedule I or II, other than marijuana or 
 15.13  tetrahydrocannabinols, is present in the person's body; or 
 15.14     (7) where the driver who causes the accident leaves the 
 15.15  scene of the accident in violation of section 169.09, 
 15.16  subdivision 1 or 6. 
 15.17     Subd. 2.  [RESULTING IN GREAT BODILY HARM.] A person is 
 15.18  guilty of criminal vehicular operation resulting in great bodily 
 15.19  harm and may be sentenced to imprisonment for not more than five 
 15.20  years or to payment of a fine of not more than $10,000, or both, 
 15.21  if the person causes great bodily harm to another, not 
 15.22  constituting attempted murder or assault, as a result of 
 15.23  operating a motor vehicle: 
 15.24     (1) in a grossly negligent manner; 
 15.25     (2) in a negligent manner while under the influence of: 
 15.26     (i) alcohol; 
 15.27     (ii) a controlled substance; or 
 15.28     (iii) any combination of those elements; 
 15.29     (3) while having an alcohol concentration of 0.10 0.08 or 
 15.30  more; 
 15.31     (4) while having an alcohol concentration of 0.10 0.08 or 
 15.32  more, as measured within two hours of the time of driving; 
 15.33     (5) in a negligent manner while knowingly under the 
 15.34  influence of a hazardous substance; 
 15.35     (6) in a negligent manner while any amount of a controlled 
 15.36  substance listed in schedule I or II, other than marijuana or 
 16.1   tetrahydrocannabinols, is present in the person's body; or 
 16.2      (7) where the driver who causes the accident leaves the 
 16.3   scene of the accident in violation of section 169.09, 
 16.4   subdivision 1 or 6. 
 16.5      Subd. 2a.  [RESULTING IN SUBSTANTIAL BODILY HARM.] A person 
 16.6   is guilty of criminal vehicular operation resulting in 
 16.7   substantial bodily harm and may be sentenced to imprisonment of 
 16.8   not more than three years or to payment of a fine of not more 
 16.9   than $10,000, or both, if the person causes substantial bodily 
 16.10  harm to another, as a result of operating a motor vehicle; 
 16.11     (1) in a grossly negligent manner; 
 16.12     (2) in a negligent manner while under the influence of: 
 16.13     (i) alcohol; 
 16.14     (ii) a controlled substance; or 
 16.15     (iii) any combination of those elements; 
 16.16     (3) while having an alcohol concentration of 0.10 0.08 or 
 16.17  more; 
 16.18     (4) while having an alcohol concentration of 0.10 0.08 or 
 16.19  more, as measured within two hours of the time of driving; 
 16.20     (5) in a negligent manner while knowingly under the 
 16.21  influence of a hazardous substance; 
 16.22     (6) in a negligent manner while any amount of a controlled 
 16.23  substance listed in schedule I or II, other than marijuana or 
 16.24  tetrahydrocannabinols, is present in the person's body; or 
 16.25     (7) where the driver who causes the accident leaves the 
 16.26  scene of the accident in violation of section 169.09, 
 16.27  subdivision 1 or 6. 
 16.28     Subd. 2b.  [RESULTING IN BODILY HARM.] A person is guilty 
 16.29  of criminal vehicular operation resulting in bodily harm and may 
 16.30  be sentenced to imprisonment for not more than one year or to 
 16.31  payment of a fine of not more than $3,000, or both, if the 
 16.32  person causes bodily harm to another, as a result of operating a 
 16.33  motor vehicle: 
 16.34     (1) in a grossly negligent manner; 
 16.35     (2) in a negligent manner while under the influence of: 
 16.36     (i) alcohol; 
 17.1      (ii) a controlled substance; or 
 17.2      (iii) any combination of those elements; 
 17.3      (3) while having an alcohol concentration of 0.10 0.08 or 
 17.4   more; 
 17.5      (4) while having an alcohol concentration of 0.10 0.08 or 
 17.6   more, as measured within two hours of the time of driving; 
 17.7      (5) in a negligent manner while knowingly under the 
 17.8   influence of a hazardous substance; 
 17.9      (6) in a negligent manner while any amount of a controlled 
 17.10  substance listed in schedule I or II, other than marijuana or 
 17.11  tetrahydrocannabinols, is present in the person's body; or 
 17.12     (7) where the driver who causes the accident leaves the 
 17.13  scene of the accident in violation of section 169.09, 
 17.14  subdivision 1 or 6. 
 17.15     Subd. 3.  [RESULTING IN DEATH TO AN UNBORN CHILD.] A person 
 17.16  is guilty of criminal vehicular operation resulting in death to 
 17.17  an unborn child and may be sentenced to imprisonment for not 
 17.18  more than ten years or to payment of a fine of not more than 
 17.19  $20,000, or both, if the person causes the death of an unborn 
 17.20  child as a result of operating a motor vehicle: 
 17.21     (1) in a grossly negligent manner; 
 17.22     (2) in a negligent manner while under the influence of: 
 17.23     (i) alcohol; 
 17.24     (ii) a controlled substance; or 
 17.25     (iii) any combination of those elements; 
 17.26     (3) while having an alcohol concentration of 0.10 0.08 or 
 17.27  more; 
 17.28     (4) while having an alcohol concentration of 0.10 0.08 or 
 17.29  more, as measured within two hours of the time of driving; 
 17.30     (5) in a negligent manner while knowingly under the 
 17.31  influence of a hazardous substance; 
 17.32     (6) in a negligent manner while any amount of a controlled 
 17.33  substance listed in schedule I or II, other than marijuana or 
 17.34  tetrahydrocannabinols, is present in the person's body; or 
 17.35     (7) where the driver who causes the accident leaves the 
 17.36  scene of the accident in violation of section 169.09, 
 18.1   subdivision 1 or 6.  
 18.2      A prosecution for or conviction of a crime under this 
 18.3   subdivision is not a bar to conviction of or punishment for any 
 18.4   other crime committed by the defendant as part of the same 
 18.5   conduct. 
 18.6      Subd. 4.  [RESULTING IN INJURY TO UNBORN CHILD.] A person 
 18.7   is guilty of criminal vehicular operation resulting in injury to 
 18.8   an unborn child and may be sentenced to imprisonment for not 
 18.9   more than five years or to payment of a fine of not more than 
 18.10  $10,000, or both, if the person causes great bodily harm to an 
 18.11  unborn child who is subsequently born alive, as a result of 
 18.12  operating a motor vehicle: 
 18.13     (1) in a grossly negligent manner; 
 18.14     (2) in a negligent manner while under the influence of:  
 18.15     (i) alcohol; 
 18.16     (ii) a controlled substance; or 
 18.17     (iii) any combination of those elements; 
 18.18     (3) while having an alcohol concentration of 0.10 0.08 or 
 18.19  more; 
 18.20     (4) while having an alcohol concentration of 0.10 0.08 or 
 18.21  more, as measured within two hours of the time of driving; 
 18.22     (5) in a negligent manner while knowingly under the 
 18.23  influence of a hazardous substance; 
 18.24     (6) in a negligent manner while any amount of a controlled 
 18.25  substance listed in schedule I or II, other than marijuana or 
 18.26  tetrahydrocannabinols, is present in the person's body; or 
 18.27     (7) where the driver who causes the accident leaves the 
 18.28  scene of the accident in violation of section 169.09, 
 18.29  subdivision 1 or 6.  
 18.30     A prosecution for or conviction of a crime under this 
 18.31  subdivision is not a bar to conviction of or punishment for any 
 18.32  other crime committed by the defendant as part of the same 
 18.33  conduct. 
 18.34     Subd. 4a.  [AFFIRMATIVE DEFENSE.] It shall be an 
 18.35  affirmative defense to a charge under subdivision 1, clause (6); 
 18.36  2, clause (6); 2a, clause (6); 2b, clause (6); 3, clause (6); or 
 19.1   4, clause (6), that the defendant used the controlled substance 
 19.2   according to the terms of a prescription issued for the 
 19.3   defendant in accordance with sections 152.11 and 152.12. 
 19.4      Subd. 5.  [DEFINITIONS.] For purposes of this section, the 
 19.5   terms defined in this subdivision have the meanings given them. 
 19.6      (a) "Motor vehicle" has the meaning given in section 
 19.7   609.52, subdivision 1. 
 19.8      (b) "Controlled substance" has the meaning given in section 
 19.9   152.01, subdivision 4. 
 19.10     (c) "Hazardous substance" means any chemical or chemical 
 19.11  compound that is listed as a hazardous substance in rules 
 19.12  adopted under chapter 182. 
 19.13     Sec. 17.  [COLLECTION OF INFORMATION; REPORT REQUIRED.] 
 19.14     (a) The chief law enforcement officer of each law 
 19.15  enforcement agency shall report the following information to the 
 19.16  commissioner of public safety relating to alcohol concentration 
 19.17  tests, including chemical tests of a person's blood, breath, or 
 19.18  urine, and preliminary screening tests, administered by peace 
 19.19  officers in the agency and occurring from September 1, 2007, to 
 19.20  July 31, 2008:  
 19.21     (1) the initial reason for the interaction between the 
 19.22  officer and the person tested, including, but not limited to, 
 19.23  such reasons as traffic violations, erratic driving, citizen 
 19.24  tips, or traffic accidents; and 
 19.25     (2) the person's alcohol concentration.  
 19.26     (b) The chief law enforcement officer shall report the 
 19.27  information specified in paragraph (a) in a manner specified by 
 19.28  the commissioner.  
 19.29     (c) By January 15, 2009, the commissioner shall report a 
 19.30  summary of the information collected from law enforcement 
 19.31  agencies under this section to the chairs and ranking minority 
 19.32  members of the senate and house committees having jurisdiction 
 19.33  over criminal justice policy. 
 19.34     Sec. 18.  [EFFECTIVE DATE.] 
 19.35     Section 14 is effective July 1, 2004.  Sections 1 to 13 and 
 19.36  15 to 17 are effective September 1, 2007, and apply to offenses 
 20.1   committed on and after that date.