SF 985

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crimes; driving while impaired; providing 
  1.3             criminal penalties for persons operating recreational 
  1.4             vehicles who refuse an alcohol test; increasing 
  1.5             criminal penalties, minimum sentences, and 
  1.6             administrative sanctions for persons driving motor 
  1.7             vehicles and operating recreational vehicles with an 
  1.8             alcohol concentration of 0.20 or more; providing more 
  1.9             severe requirements concerning conditional release and 
  1.10            electronic alcohol monitoring pending trial, alcohol 
  1.11            use assessment and treatment, driver's license 
  1.12            revocation, license plate impoundment, and vehicle 
  1.13            forfeiture for persons driving motor vehicles and 
  1.14            operating recreational vehicles with an alcohol 
  1.15            concentration of 0.20 or more; authorizing the 
  1.16            imposition of a penalty assessment of up to $1,000 for 
  1.17            persons driving motor vehicles with an alcohol 
  1.18            concentration of 0.20 or more; redefining relevant 
  1.19            evidence for operating a motorboat while under the 
  1.20            influence of alcohol; including in the definition of 
  1.21            prior DWI offenses, the offense of driving a 
  1.22            commercial vehicle while impaired; authorizing peace 
  1.23            officers to stop vehicles bearing special series 
  1.24            license plates; enhancing criminal penalties for 
  1.25            repeat violations involving commercial motor vehicles; 
  1.26            clarifying the definition of commercial vehicle; 
  1.27            clarifying that certain revocation period applies only 
  1.28            to first-time DWI offenders; making technical 
  1.29            correction allowing the commissioner of public safety 
  1.30            to determine examination required for reinstatement of 
  1.31            driving privileges; providing for petition for 
  1.32            reinstatement of commercial driver's license following 
  1.33            disqualification; clarifying applicable requirements 
  1.34            for licensing commercial driver instructors; striking 
  1.35            the requirement that a second chemical test be 
  1.36            available to a person accused of driving while 
  1.37            impaired; making various changes to the implied 
  1.38            consent hearing process involving what must be stated 
  1.39            in the petition, available discovery, and the scope of 
  1.40            the hearing; requiring health professionals to report 
  1.41            injuries resulting from motor vehicle accidents that 
  1.42            involve alcohol or controlled substances; extending 
  1.43            the period of time that a court may place an offender 
  1.44            on probation for certain gross misdemeanor DWI 
  1.45            violations; broadening the permissible uses of 
  1.46            preliminary breath test results obtained in DWI 
  2.1             situations; broadening the scope of the DWI forfeiture 
  2.2             law to include certain implied consent license 
  2.3             revocations; accelerating the applicability of the 
  2.4             forfeiture law; authorizing an administrative 
  2.5             forfeiture process; requiring courts to notify persons 
  2.6             convicted of DWI offenses of possible vehicle 
  2.7             forfeiture and plate impoundment for future offenses; 
  2.8             making various technical changes; amending Minnesota 
  2.9             Statutes 1996, sections 84.91, subdivisions 1, 2, 5, 
  2.10            7, 8, and by adding a subdivision; 84.911, 
  2.11            subdivisions 2, 3, and 6; 84.912, subdivision 1; 
  2.12            86B.331, subdivisions 1, 2, 4, 5, 6, 7, 8, and by 
  2.13            adding a subdivision; 86B.335, subdivisions 2, 3, 4, 
  2.14            and 6; 86B.337, subdivision 1; 97B.066, subdivision 6, 
  2.15            and by adding subdivisions; 168.042, subdivisions 1, 
  2.16            2, 4, 9, and 11; 169.01, subdivision 75; 169.121, 
  2.17            subdivisions 1, 1c, 2, 3, 3a, 3b, 4, 6, and by adding 
  2.18            a subdivision; 169.1211, subdivision 1, and by adding 
  2.19            subdivisions; 169.1217; 169.123, subdivisions 3, 4, 
  2.20            and 5c; 169.126, subdivision 1; 169.1261; 171.19; 
  2.21            171.30, by adding a subdivision; 364.09; 609.135, 
  2.22            subdivision 2; 626.52; 626.53, subdivision 1; and 
  2.23            634.15, subdivision 2; proposing coding for new law in 
  2.24            Minnesota Statutes, chapter 168; repealing Minnesota 
  2.25            Statutes 1996, section 86B.335, subdivisions 11 and 12.
  2.26  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.27     Section 1.  Minnesota Statutes 1996, section 84.91, 
  2.28  subdivision 1, is amended to read: 
  2.29     Subdivision 1.  [ACTS PROHIBITED.] (a) No person shall 
  2.30  operate or be in physical control of any snowmobile or 
  2.31  all-terrain vehicle anywhere in this state or on the ice of any 
  2.32  boundary water of this state: 
  2.33     (1) when the person is under the influence of alcohol; 
  2.34     (2) when the person is under the influence of a controlled 
  2.35  substance, as defined in section 152.01, subdivision 4; 
  2.36     (3) when the person is under the influence of a combination 
  2.37  of any two or more of the elements named in clauses (1), (2), 
  2.38  and (6) (7); 
  2.39     (4) when the person's alcohol concentration is 0.10 or more 
  2.40  but less than 0.20; 
  2.41     (5) when the person's alcohol concentration as measured 
  2.42  within two hours of the time of operating operation or physical 
  2.43  control is 0.10 or more but less than 0.20; or 
  2.44     (6) when the person's alcohol concentration at the time of 
  2.45  operation or physical control, or as measured within two hours 
  2.46  of the time of operation or physical control, is 0.20 or more; 
  2.47  or 
  2.48     (7) when the person is knowingly under the influence of any 
  3.1   chemical compound or combination of chemical compounds that is 
  3.2   listed as a hazardous substance in rules adopted under section 
  3.3   182.655 and that affects the nervous system, brain, or muscles 
  3.4   of the person so as to substantially impair the person's ability 
  3.5   to operate the snowmobile or all-terrain vehicle.  
  3.6      (b) No owner or other person having charge or control of 
  3.7   any snowmobile or all-terrain vehicle shall authorize or permit 
  3.8   any individual the person knows or has reason to believe is 
  3.9   under the influence of alcohol or a controlled substance or 
  3.10  other substance, as provided under paragraph (a), to operate the 
  3.11  snowmobile or all-terrain vehicle anywhere in this state or on 
  3.12  the ice of any boundary water of this state. 
  3.13     (c) No owner or other person having charge or control of 
  3.14  any snowmobile or all-terrain vehicle shall knowingly authorize 
  3.15  or permit any person, who by reason of any physical or mental 
  3.16  disability is incapable of operating the vehicle, to operate the 
  3.17  snowmobile or all-terrain vehicle anywhere in this state or on 
  3.18  the ice of any boundary water of this state. 
  3.19     Sec. 2.  Minnesota Statutes 1996, section 84.91, is amended 
  3.20  by adding a subdivision to read: 
  3.21     Subd. 1a.  [REFUSAL TO SUBMIT TO TESTING; CRIME.] It is a 
  3.22  crime for any person to refuse to submit to a chemical test of 
  3.23  the person's blood, breath, or urine under section 84.911. 
  3.24     Sec. 3.  Minnesota Statutes 1996, section 84.91, 
  3.25  subdivision 2, is amended to read: 
  3.26     Subd. 2.  [ARREST.] Conservation officers of the department 
  3.27  of natural resources, sheriffs, sheriff's deputies, and other 
  3.28  peace officers may arrest a person for a violation under 
  3.29  subdivision 1 or 1a without a warrant upon probable cause, 
  3.30  without regard to whether the violation was committed in the 
  3.31  officer's presence.  
  3.32     Sec. 4.  Minnesota Statutes 1996, section 84.91, 
  3.33  subdivision 5, is amended to read: 
  3.34     Subd. 5.  [PENALTIES.] (a) A person who violates any 
  3.35  prohibition contained in subdivision 1, paragraph (a), clause 
  3.36  (1), (2), (3), (4), (5), or (7), or subdivision 1a, or an 
  4.1   ordinance in conformity with it any of them, is guilty of a 
  4.2   misdemeanor.  
  4.3      (b) A person is guilty of a gross misdemeanor who if the 
  4.4   person violates any prohibition contained in subdivision 1, 
  4.5   paragraph (a), clause (6). 
  4.6      (c) A person is guilty of a gross misdemeanor if the person 
  4.7   violates subdivision 1, paragraph (a), clause (1), (2), (3), 
  4.8   (4), (5), or (7), or subdivision 1a: 
  4.9      (1) within five years of a prior: 
  4.10     (i) impaired driving conviction or a prior license 
  4.11  revocation, as defined in section 169.121, subdivision 3, 
  4.12  paragraph (a), clause (1); 
  4.13     (ii) civil liability revocation of operating privileges 
  4.14  under section 84.911, subdivision 2, or 86B.335, subdivision 2; 
  4.15  or 
  4.16     (iii) conviction under an ordinance of this state or a 
  4.17  statute or ordinance from another state in conformity with any 
  4.18  of them; or 
  4.19     (2) within ten years of the first of two or more prior: 
  4.20     (i) two or more prior impaired driving convictions, two or 
  4.21  more prior license revocations, or a prior impaired driving 
  4.22  conviction and a prior license revocation, based on separate 
  4.23  incidents, as defined in section 169.121, subdivision 3, 
  4.24  paragraph (a), clause (1); 
  4.25     (ii) civil liabilities two or more prior revocations of 
  4.26  operating privileges under section 84.911, subdivision 2, or 
  4.27  86B.335, subdivision 2; 
  4.28     (iii) two or more prior convictions of under ordinances in 
  4.29  conformity with any of them; or 
  4.30     (iv) two or more prior convictions or liabilities 
  4.31  revocations under any combination of items (i) to (iii), based 
  4.32  on separate incidents. 
  4.33     (c) (d) The attorney in the jurisdiction where the 
  4.34  violation occurred who is responsible for prosecuting 
  4.35  misdemeanor violations of this section is also responsible for 
  4.36  prosecuting gross misdemeanor violations of this section.  When 
  5.1   an attorney responsible for prosecuting gross misdemeanors under 
  5.2   this section requests criminal history information relating to 
  5.3   prior convictions from a court, the court must furnish the 
  5.4   information without charge. 
  5.5      (d) (e) A person who operates a snowmobile or all-terrain 
  5.6   vehicle during the period the person is prohibited from 
  5.7   operating the vehicle under subdivision 6 is guilty of a 
  5.8   misdemeanor.  
  5.9      Sec. 5.  Minnesota Statutes 1996, section 84.91, 
  5.10  subdivision 7, is amended to read: 
  5.11     Subd. 7.  [DUTIES OF COMMISSIONER.] The court shall 
  5.12  promptly forward to the commissioner and the department of 
  5.13  public safety copies of all convictions and criminal and civil 
  5.14  penalties imposed under subdivision 5 and section 84.911, 
  5.15  subdivision 2.  The commissioner shall notify the convicted 
  5.16  person of the period during which the person is prohibited from 
  5.17  operating a snowmobile or all-terrain vehicle under subdivision 
  5.18  6 or section 84.911, subdivision 2.  The commissioner shall also 
  5.19  periodically circulate to appropriate law enforcement agencies a 
  5.20  list of all persons who are prohibited from operating a 
  5.21  snowmobile or all-terrain vehicle under subdivision 6 or section 
  5.22  84.911, subdivision 2. 
  5.23     Sec. 6.  Minnesota Statutes 1996, section 84.91, 
  5.24  subdivision 8, is amended to read: 
  5.25     Subd. 8.  [IMMUNITY FROM LIABILITY.] The state or political 
  5.26  subdivision that employs an officer who is authorized under 
  5.27  subdivision 2 to make an arrest for violations of subdivision 
  5.28  1 or 1a is immune from any liability, civil or criminal, for the 
  5.29  care or custody of the snowmobile or all-terrain vehicle being 
  5.30  operated by or in the physical control of the person arrested if 
  5.31  the officer acts in good faith and exercises due care. 
  5.32     Sec. 7.  Minnesota Statutes 1996, section 84.911, 
  5.33  subdivision 2, is amended to read: 
  5.34     Subd. 2.  [PENALTIES; TEST REFUSAL; REVOCATION OF 
  5.35  SNOWMOBILE OR ALL-TERRAIN VEHICLE OPERATING PRIVILEGE.] (a) If a 
  5.36  person refuses to take a test required under subdivision 1, none 
  6.1   must be given, but the officer authorized to make arrests under 
  6.2   section 84.91, subdivision 2, shall report the refusal to the 
  6.3   commissioner of natural resources and to the authority having 
  6.4   responsibility for prosecution of misdemeanor offenses for the 
  6.5   jurisdiction in which the incident occurred that gave rise to 
  6.6   the test demand and refusal.  However, if a peace officer has 
  6.7   probable cause to believe that the person has violated section 
  6.8   609.21, a test may be required and obtained despite the person's 
  6.9   refusal.  
  6.10     (b) On certification by the officer that probable cause 
  6.11  existed to believe the person had been operating or in physical 
  6.12  control of a snowmobile or all-terrain vehicle while under the 
  6.13  influence of alcohol or a controlled substance, and that the 
  6.14  person refused to submit to testing, the commissioner 
  6.15  shall impose a civil penalty of $500 and shall prohibit the 
  6.16  person from operating a snowmobile or all-terrain vehicle, 
  6.17  whichever was involved in the violation, for a period of one 
  6.18  year even if a test was obtained pursuant to this section after 
  6.19  the person refused to submit to testing. 
  6.20     (c) On behalf of the commissioner, an officer requiring a 
  6.21  test or directing the administration of a test shall serve on a 
  6.22  person who refused to permit a test immediate notice of 
  6.23  intention to prohibit the operation of a snowmobile or 
  6.24  all-terrain vehicle, and to impose the civil penalty set forth 
  6.25  in this subdivision.  If the officer fails to serve a notice of 
  6.26  intent to suspend operating privileges, the commissioner may 
  6.27  notify the person by mail, and the notice is deemed received 
  6.28  three days after mailing.  The notice must advise the person of 
  6.29  the right to obtain administrative and judicial review as 
  6.30  provided in this section.  The prohibition imposed by the 
  6.31  commissioner takes effect ten days after receipt of the notice.  
  6.32  The civil penalty is imposed on receipt of the notice and must 
  6.33  be paid within 30 days of imposition.  
  6.34     (b) (d) A person who operates a snowmobile or all-terrain 
  6.35  vehicle during the period the person is prohibited from 
  6.36  operating the vehicle as provided under paragraph (a) (b) is 
  7.1   guilty of a misdemeanor. 
  7.2      Sec. 8.  Minnesota Statutes 1996, section 84.911, 
  7.3   subdivision 3, is amended to read: 
  7.4      Subd. 3.  [RIGHTS AND OBLIGATIONS.] At the time a test is 
  7.5   requested, the person must be informed: 
  7.6      (1) that Minnesota law requires a person to take a test to 
  7.7   determine if the person is under the influence of alcohol or a 
  7.8   controlled substance; 
  7.9      (2) that refusal to take the test is a crime; 
  7.10     (3) that a person is subject to a civil penalty of $500 for 
  7.11  refusing who refuses to take the test and, in addition, is 
  7.12  prohibited for a one-year period from operating a snowmobile or 
  7.13  an all-terrain vehicle; 
  7.14     (3) (4) if the peace officer has probable cause to believe 
  7.15  the person has violated the criminal vehicular homicide and 
  7.16  injury laws, that a test will be taken with or without the 
  7.17  person's consent; and 
  7.18     (4) (5) that the person has the right to consult with an 
  7.19  attorney, but that this right is limited to the extent that it 
  7.20  cannot unreasonably delay administration of the test or the 
  7.21  person will be deemed to have refused the test. 
  7.22     Sec. 9.  Minnesota Statutes 1996, section 84.911, 
  7.23  subdivision 6, is amended to read: 
  7.24     Subd. 6.  [JUDICIAL AND ADMINISTRATIVE REVIEW; 
  7.25  ENFORCEMENT.] Judicial and administrative review of sanctions 
  7.26  imposed under this section is governed by section 86B.335, 
  7.27  subdivisions 3, 4, and 5.  Payment and enforcement of the civil 
  7.28  penalty imposed under this section is governed by section 
  7.29  86B.335, subdivisions 11 and 12. 
  7.30     Sec. 10.  Minnesota Statutes 1996, section 84.912, 
  7.31  subdivision 1, is amended to read: 
  7.32     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  7.33  following terms have the meanings given them: 
  7.34     (a) "All-terrain vehicle" has the meaning given in section 
  7.35  84.92, subdivision 8.  
  7.36     (b) "Appropriate agency" means a law enforcement agency 
  8.1   that has the authority to make an arrest for a violation of a 
  8.2   designated offense. 
  8.3      (c) "Designated offense" means: 
  8.4      (1) a violation of section 84.91, subdivision 1, paragraph 
  8.5   (a), clause (1), (2), (3), (4), (5), or (7) or an ordinance in 
  8.6   conformity with it any of them: 
  8.7      (1) occurring (i) within five years of the first of three 
  8.8   prior impaired driving convictions or the first of, three prior 
  8.9   license revocations, or any combination of three prior impaired 
  8.10  driving convictions and prior license revocations, based on 
  8.11  separate impaired driving incidents; or 
  8.12     (2) occurring (ii) within 15 years of the first of four or 
  8.13  more prior impaired driving convictions or the first of, four or 
  8.14  more prior license revocations, or any combination of four or 
  8.15  more prior impaired driving convictions and prior license 
  8.16  revocations, based on separate impaired driving incidents; 
  8.17     (2) a violation of section 84.91, subdivision 1, paragraph 
  8.18  (a), clause (6): 
  8.19     (i) within five years of the first of two prior impaired 
  8.20  driving convictions, two prior license revocations, or a prior 
  8.21  impaired driving conviction and a prior license revocation, 
  8.22  based on separate incidents; or 
  8.23     (ii) within 15 years of the first of three or more prior 
  8.24  impaired driving convictions, three or more prior license 
  8.25  revocations, or any combination of three or more prior impaired 
  8.26  driving convictions and prior license revocations, based on 
  8.27  separate incidents; or 
  8.28     (3) a violation of section 84.91, subdivision 1, paragraph 
  8.29  (a), or an ordinance in conformity with it: 
  8.30     (i) by a person whose driver's license or driving 
  8.31  privileges have been canceled under section 171.04, subdivision 
  8.32  1, clause (8) (9); or 
  8.33     (4) (ii) by a person who is subject to a restriction on the 
  8.34  person's driver's license under section 171.09 that provides 
  8.35  that the person may not use or consume any amount of alcohol or 
  8.36  a controlled substance. 
  9.1      (d) "Owner" means the registered owner of the snowmobile or 
  9.2   all-terrain vehicle according to records of the department of 
  9.3   natural resources and includes a lessee of a snowmobile or 
  9.4   all-terrain vehicle if the lease agreement has a term of 180 
  9.5   days or more.  
  9.6      (e) "Prior impaired driving conviction" has the meaning 
  9.7   given in section 169.121, subdivision 3. 
  9.8      (f) "Prior license revocation" has the meaning given in 
  9.9   section 169.121, subdivision 3. 
  9.10     (g) "Prosecuting authority" means the attorney in the 
  9.11  jurisdiction in which the designated offense occurred who is 
  9.12  responsible for prosecuting violations of a designated offense. 
  9.13     (h) "Snowmobile" has the meaning given in section 84.81, 
  9.14  subdivision 3.  
  9.15     (i) "Vehicle" means a snowmobile or an all-terrain vehicle. 
  9.16     Sec. 11.  Minnesota Statutes 1996, section 86B.331, 
  9.17  subdivision 1, is amended to read: 
  9.18     Subdivision 1.  [ACTS PROHIBITED.] (a) A person may not 
  9.19  operate or be in physical control of a motorboat in operation on 
  9.20  the waters of this state: 
  9.21     (1) when the person is under the influence of alcohol; 
  9.22     (2) when the person is under the influence of a controlled 
  9.23  substance, as defined in section 152.01, subdivision 4; 
  9.24     (3) when the person is under the influence of a combination 
  9.25  of any two or more of the elements named in clauses (1), (2), 
  9.26  and (6) (7); 
  9.27     (4) when the person's alcohol concentration is 0.10 or more 
  9.28  but less than 0.20; 
  9.29     (5) when the person's alcohol concentration as measured 
  9.30  within two hours of the time of operating operation or physical 
  9.31  control is 0.10 or more but less than 0.20; or 
  9.32     (6) when the person's alcohol concentration at the time of 
  9.33  operation or physical control, or as measured within two hours 
  9.34  of the time of operation or physical control, is 0.20 or more; 
  9.35     (7) when the person is knowingly under the influence of any 
  9.36  chemical compound or combination of chemical compounds that is 
 10.1   listed as a hazardous substance in rules adopted under section 
 10.2   182.655 and that affects the nervous system, brain, or muscles 
 10.3   of the person so as to substantially impair the person's ability 
 10.4   to operate the motorboat.  
 10.5      (b) An owner or other person having charge or control of a 
 10.6   motorboat may not authorize or allow an individual the person 
 10.7   knows or has reason to believe is under the influence of alcohol 
 10.8   or a controlled or other substance, as provided under paragraph 
 10.9   (a), to operate the motorboat in operation on the waters of this 
 10.10  state. 
 10.11     (c) An owner or other person having charge or control of a 
 10.12  motorboat may not knowingly authorize or allow a person, who by 
 10.13  reason of a physical or mental disability is incapable of 
 10.14  operating the motorboat, to operate the motorboat in operation 
 10.15  on the waters of this state.  
 10.16     (d) For purposes of this subdivision, a motorboat "in 
 10.17  operation" does not include a motorboat that is anchored, 
 10.18  beached, or securely fastened to a dock or other permanent 
 10.19  mooring. 
 10.20     Sec. 12.  Minnesota Statutes 1996, section 86B.331, is 
 10.21  amended by adding a subdivision to read: 
 10.22     Subd. 1a.  [REFUSAL TO SUBMIT TO TESTING; CRIME.] It is a 
 10.23  crime for any person to refuse to submit to a chemical test of 
 10.24  the person's blood, breath, or urine under section 86B.335. 
 10.25     Sec. 13.  Minnesota Statutes 1996, section 86B.331, 
 10.26  subdivision 2, is amended to read: 
 10.27     Subd. 2.  [ARREST.] Conservation officers of the department 
 10.28  of natural resources, sheriffs, sheriff's deputies, and other 
 10.29  peace officers may arrest a person for a violation under 
 10.30  subdivision 1 or 1a without a warrant upon probable cause, 
 10.31  without regard to whether the violation was committed in the 
 10.32  officer's presence.  
 10.33     Sec. 14.  Minnesota Statutes 1996, section 86B.331, 
 10.34  subdivision 4, is amended to read: 
 10.35     Subd. 4.  [EVIDENCE.] (a) Upon the trial of a prosecution 
 10.36  arising out of acts alleged to have been committed by a person 
 11.1   arrested for operating or being in physical control of a 
 11.2   motorboat in violation of subdivision 1, paragraph (a), or an 
 11.3   ordinance in conformity with it, the court may admit evidence of 
 11.4   the amount of alcohol or a controlled substance in the person's 
 11.5   blood, breath, or urine as shown by an analysis of those items. 
 11.6      (b) For the purposes of this subdivision:, 
 11.7      (1) evidence that there was at the time an alcohol 
 11.8   concentration of 0.05 or less is prima facie evidence that the 
 11.9   person was not under the influence of alcohol; and 
 11.10     (2) evidence that there was at the time an alcohol 
 11.11  concentration of more than 0.05 and less than 0.10 0.04 or more 
 11.12  is relevant evidence in indicating whether or not the person was 
 11.13  under the influence of alcohol. 
 11.14     (c) Evidence of the refusal to take a preliminary screening 
 11.15  test required under subdivision 3 or a chemical test required 
 11.16  under section 86B.335 is admissible into evidence in a 
 11.17  prosecution under this section or an ordinance in conformity 
 11.18  with it. 
 11.19     (d) This subdivision does not limit the introduction of 
 11.20  other competent evidence bearing upon the question of whether or 
 11.21  not the person violated this section, including tests obtained 
 11.22  more than two hours after the alleged violation and results 
 11.23  obtained from partial tests on an infrared breath-testing 
 11.24  instrument.  A result from a partial test is the measurement 
 11.25  obtained by analyzing one adequate breath sample.  A sample is 
 11.26  adequate if the instrument analyzes the sample and does not 
 11.27  indicate the sample is deficient.  
 11.28     (e) If proven by a preponderance of the evidence, it shall 
 11.29  be an affirmative defense to a violation of subdivision 1, 
 11.30  paragraph (a), clause (5), that the defendant consumed a 
 11.31  sufficient quantity of alcohol after the time of operating or 
 11.32  physical control of a motorboat and before the administration of 
 11.33  the evidentiary test to cause the defendant's alcohol 
 11.34  concentration to exceed 0.10.  Provided, that this evidence may 
 11.35  not be admitted unless notice is given to the prosecution prior 
 11.36  to the omnibus or pretrial hearing in the matter. 
 12.1      Sec. 15.  Minnesota Statutes 1996, section 86B.331, 
 12.2   subdivision 5, is amended to read: 
 12.3      Subd. 5.  [PENALTIES.] (a) A person who violates a 
 12.4   prohibition contained in subdivision 1, paragraph (a), clause 
 12.5   (1), (2), (3), (4), (5), or (7), or subdivision 1a, or an 
 12.6   ordinance in conformity with it any of them, is guilty of a 
 12.7   misdemeanor. 
 12.8      (b) A person is guilty of a gross misdemeanor who if the 
 12.9   person violates a prohibition contained in subdivision 1, 
 12.10  paragraph (a), clause (6). 
 12.11     (c) A person is guilty of a gross misdemeanor if the person 
 12.12  violates subdivision 1, paragraph (a), clause (1), (2), (3), 
 12.13  (4), (5), or (7), or subdivision 1a: 
 12.14     (1) within five years of a prior: 
 12.15     (i) impaired driving conviction or a prior license 
 12.16  revocation, as defined in section 169.121, subdivision 3, 
 12.17  paragraph (a), clause (1); 
 12.18     (ii) civil liability revocation of operating privileges 
 12.19  under section 84.911, subdivision 2, or 86B.335, subdivision 2; 
 12.20  or 
 12.21     (iii) conviction under an ordinance of this state or a 
 12.22  statute or ordinance from another state in conformity with any 
 12.23  of them; or 
 12.24     (2) within ten years of the first of two or more prior: 
 12.25     (i) two or more prior impaired driving convictions, two or 
 12.26  more prior license revocations, or a prior impaired driving 
 12.27  conviction and a prior license revocation, based on separate 
 12.28  incidents, as defined in section 169.121, subdivision 3, 
 12.29  paragraph (a), clause (1); 
 12.30     (ii) civil liabilities two or more prior revocations of 
 12.31  operating privileges under section 84.911, subdivision 2, or 
 12.32  86B.335, subdivision 2; 
 12.33     (iii) two or more prior convictions of under ordinances in 
 12.34  conformity with any of them; or 
 12.35     (iv) two or more prior convictions or liabilities 
 12.36  revocations under any combination of items (i) to (iii), based 
 13.1   on separate incidents.  
 13.2      (c) (d) The attorney in the jurisdiction where the 
 13.3   violation occurred who is responsible for prosecution of 
 13.4   misdemeanor violations of this section is also responsible for 
 13.5   prosecution of gross misdemeanor violations of this section.  
 13.6   When an attorney responsible for prosecuting gross misdemeanors 
 13.7   under this section requests criminal history information 
 13.8   relating to prior convictions from a court, the court must 
 13.9   furnish the information without charge. 
 13.10     (d) (e) A person who operates a motorboat on the waters of 
 13.11  this state during the period the person is prohibited from 
 13.12  operating any motorboat or after the person's watercraft 
 13.13  operator's permit has been revoked, as provided under 
 13.14  subdivision 6, is guilty of a misdemeanor.  
 13.15     Sec. 16.  Minnesota Statutes 1996, section 86B.331, 
 13.16  subdivision 6, is amended to read: 
 13.17     Subd. 6.  [SUSPENSION AND REVOCATION OF OPERATING 
 13.18  PRIVILEGES.] (a) Upon conviction under this section, or an 
 13.19  ordinance in conformity with it, and in addition to any penalty 
 13.20  imposed under subdivision 5, the person is prohibited from 
 13.21  operating any motorboat on the waters of this state for a period 
 13.22  of 90 days between May 1 and October 31, extending over two 
 13.23  consecutive years if necessary.  
 13.24     (b) A person with a watercraft operator's permit 13 years 
 13.25  of age or older but less than 18 years of age and who violates 
 13.26  any prohibition contained in subdivision 1 or 1a shall have the 
 13.27  permit revoked by the commissioner as required by section 
 13.28  86B.811, subdivision 2, in addition to any other penalty imposed 
 13.29  by the court.  
 13.30     Sec. 17.  Minnesota Statutes 1996, section 86B.331, 
 13.31  subdivision 7, is amended to read: 
 13.32     Subd. 7.  [DUTIES OF COMMISSIONER.] The court shall 
 13.33  promptly forward copies of all convictions and criminal and 
 13.34  civil penalties imposed under subdivision 5 and section 86B.335, 
 13.35  subdivision 2, to the commissioner and the department of public 
 13.36  safety.  The commissioner shall notify the convicted person of 
 14.1   the period when the person is prohibited from operating a 
 14.2   motorboat as provided under subdivision 6 or section 86B.335, 
 14.3   subdivision 2.  The commissioner shall also periodically 
 14.4   circulate to appropriate law enforcement agencies a list of all 
 14.5   persons who are prohibited from operating any motorboat or have 
 14.6   had their watercraft operator's permits revoked pursuant to 
 14.7   subdivision 6 or section 86B.335, subdivision 2.  
 14.8      Sec. 18.  Minnesota Statutes 1996, section 86B.331, 
 14.9   subdivision 8, is amended to read: 
 14.10     Subd. 8.  [GOVERNMENT IMMUNITY FROM LIABILITY FOR BOAT 
 14.11  CARE.] The state or political subdivision that is the employer 
 14.12  of an officer authorized under subdivision 2 to make an arrest 
 14.13  for violations of subdivision 1 or 1a is immune from any 
 14.14  liability, civil or criminal, for the care or custody of the 
 14.15  motorboat being operated by or in the physical control of the 
 14.16  person arrested if the officer acts in good faith and exercises 
 14.17  due care.  
 14.18     Sec. 19.  Minnesota Statutes 1996, section 86B.335, 
 14.19  subdivision 2, is amended to read: 
 14.20     Subd. 2.  [REFUSAL TO TAKE TEST REFUSAL; REVOCATION OF 
 14.21  OPERATING PRIVILEGES.] (a) If a person refuses to take a test 
 14.22  required under subdivision 1, a test is not to be given, but the 
 14.23  officer authorized to make arrests under section 86B.331, 
 14.24  subdivision 2, shall report the refusal to the commissioner of 
 14.25  natural resources and to the authority having responsibility for 
 14.26  prosecution of misdemeanor offenses for the jurisdiction where 
 14.27  the incident occurred that gave rise to the test demand and 
 14.28  refusal.  However, if a peace officer has probable cause to 
 14.29  believe that the person has violated section 609.21, a test may 
 14.30  be required and obtained despite the person's refusal. 
 14.31     (b) On certification by the officer that probable cause 
 14.32  existed to believe the person had been operating or in physical 
 14.33  control of a motorboat while under the influence of alcohol or a 
 14.34  controlled substance, and that the person refused to submit to 
 14.35  testing, the commissioner shall impose a civil penalty of $500 
 14.36  and shall prohibit the person from operating any motorboat on 
 15.1   the waters of this state for a period of one year even if a test 
 15.2   was obtained pursuant to this section after the person refused 
 15.3   to submit to testing.  If the person refusing to submit to 
 15.4   testing is under the age of 18 years at the time of the refusal, 
 15.5   the person's watercraft operator's permit shall be revoked by 
 15.6   the commissioner as set forth in this subdivision and a new 
 15.7   permit after the revocation must be issued only after the person 
 15.8   successfully completes a watercraft safety course.  
 15.9      (c) On behalf of the commissioner, an officer requiring a 
 15.10  test or directing the administration of a test shall serve on a 
 15.11  person who refused to permit a test immediate notice of 
 15.12  intention to impose the civil penalty set forth in this 
 15.13  subdivision, to prohibit the operation of motorboats, and to 
 15.14  revoke a watercraft operator's permit.  The officer shall take a 
 15.15  watercraft operator's permit held by the person, and shall send 
 15.16  the permit to the commissioner along with the certification 
 15.17  provided for in this subdivision.  If the officer fails to serve 
 15.18  a notice of intent to revoke, the commissioner may notify the 
 15.19  person by mail and the notice is deemed received three days 
 15.20  after mailing.  The notice must advise the person of the right 
 15.21  to obtain administrative and judicial review as provided in this 
 15.22  section.  The prohibition and revocation, if any, shall take 
 15.23  effect ten days after receipt of the notice.  The civil penalty 
 15.24  is imposed on receipt of the notice and shall be paid within 30 
 15.25  days of imposition.  
 15.26     (d) A person who operates a motorboat on the waters of this 
 15.27  state during the period the person is prohibited from operating 
 15.28  a motorboat as provided under paragraph (b) or (c) is guilty of 
 15.29  a misdemeanor.  
 15.30     Sec. 20.  Minnesota Statutes 1996, section 86B.335, 
 15.31  subdivision 3, is amended to read: 
 15.32     Subd. 3.  [ADMINISTRATIVE REVIEW.] (a) At any time during 
 15.33  the period of prohibition or revocation imposed under this 
 15.34  section, the person may request in writing a review of the order 
 15.35  imposing sanctions under this section.  If the person makes a 
 15.36  request for administrative review within 30 days following 
 16.1   receipt of a notice and order imposing sanctions, the request 
 16.2   shall stay imposition of the civil penalty.  Upon receiving the 
 16.3   request for review, the commissioner or the commissioner's 
 16.4   designee shall review the order, the evidence upon which the 
 16.5   order was based, and other material information brought to the 
 16.6   attention of the commissioner and determine whether sufficient 
 16.7   cause exists to sustain the order.  
 16.8      (b) Within 15 days after receiving the request, the 
 16.9   commissioner shall issue a written report ordering that the 
 16.10  prohibition, or revocation, or civil penalty be either sustained 
 16.11  or rescinded.  The review provided in this subdivision is not 
 16.12  subject to the contested case provisions of the administrative 
 16.13  procedure act under chapter 14.  The availability of 
 16.14  administrative review does not have an effect upon the 
 16.15  availability of judicial review under this section.  
 16.16     Sec. 21.  Minnesota Statutes 1996, section 86B.335, 
 16.17  subdivision 4, is amended to read: 
 16.18     Subd. 4.  [JUDICIAL REVIEW.] (a) Within 30 days following 
 16.19  receipt of a notice and order imposing sanctions under this 
 16.20  section, a person may petition the court for review.  The 
 16.21  petition must be filed with the district court administrator in 
 16.22  the county where the incident occurred which gave rise to the 
 16.23  test demand and refusal, together with proof of service of a 
 16.24  copy on the commissioner and the prosecuting authority for 
 16.25  misdemeanor offenses for the jurisdiction in which the incident 
 16.26  occurred.  A responsive pleading is not required of the 
 16.27  commissioner of natural resources, and court fees may not be 
 16.28  charged for the appearance of the representative of the 
 16.29  commissioner in the matter. 
 16.30     (b) The petition must be captioned in the name of the 
 16.31  person making the petition as petitioner and the commissioner as 
 16.32  respondent.  The petition must state specifically the grounds 
 16.33  upon which the petitioner seeks rescission of the order imposing 
 16.34  sanctions.  
 16.35     (c) The filing of the petition does not stay the revocation 
 16.36  or prohibition against operation of a motorboat.  However, the 
 17.1   filing of a petition stays imposition of the civil penalty.  
 17.2      (d) The judicial review shall be conducted according to the 
 17.3   rules of civil procedure.  
 17.4      Sec. 22.  Minnesota Statutes 1996, section 86B.335, 
 17.5   subdivision 6, is amended to read: 
 17.6      Subd. 6.  [RIGHTS AND OBLIGATIONS.] At the time a test is 
 17.7   requested, the person must be informed: 
 17.8      (1) that Minnesota law requires a person to take a test to 
 17.9   determine if the person is under the influence of alcohol or a 
 17.10  controlled substance; 
 17.11     (2) that refusal to take the test is a crime; 
 17.12     (3) that a person is subject to a civil penalty of $500 for 
 17.13  refusing who refuses to take the test and, in addition, the 
 17.14  person may be is prohibited from operating any motorboat; 
 17.15     (3) (4) if the peace officer has probable cause to believe 
 17.16  the person has violated the criminal vehicular homicide and 
 17.17  injury laws, that a test will be taken with or without the 
 17.18  person's consent; and 
 17.19     (4) (5) that the person has the right to consult with an 
 17.20  attorney, but that this right is limited to the extent that it 
 17.21  cannot unreasonably delay administration of the test or the 
 17.22  person will be deemed to have refused the test. 
 17.23     Sec. 23.  Minnesota Statutes 1996, section 86B.337, 
 17.24  subdivision 1, is amended to read: 
 17.25     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
 17.26  following terms have the meanings given them: 
 17.27     (a) "Appropriate agency" means a law enforcement agency 
 17.28  that has the authority to make an arrest for a violation of a 
 17.29  designated offense. 
 17.30     (b) "Designated offense" means: 
 17.31     (1) a violation of section 86B.331, subdivision 1, 
 17.32  paragraph (a), clause (1), (2), (3), (4), (5), or (7), or an 
 17.33  ordinance in conformity with it any of them: 
 17.34     (1) occurring (i) within five years of the first of three 
 17.35  prior impaired driving convictions or the first of, three prior 
 17.36  license revocations, or any combination of three prior impaired 
 18.1   driving convictions and prior license revocations, based on 
 18.2   separate impaired driving incidents; or 
 18.3      (2) occurring (ii) within 15 years of the first of four or 
 18.4   more prior impaired driving convictions or the first of, four or 
 18.5   more prior license revocations, or any combination of four or 
 18.6   more prior impaired driving convictions and prior license 
 18.7   revocations, based on separate impaired driving incidents; 
 18.8      (2) a violation of section 86B.331, subdivision 1, 
 18.9   paragraph (a), clause (6): 
 18.10     (i) within five years of the first of two prior impaired 
 18.11  driving convictions, two prior license revocations, or a prior 
 18.12  impaired driving conviction and a prior license revocation, 
 18.13  based on separate incidents; or 
 18.14     (ii) within 15 years of the first of three or more prior 
 18.15  impaired driving convictions, three or more prior license 
 18.16  revocations, or any combination of three or more prior impaired 
 18.17  driving convictions and prior license revocations, based on 
 18.18  separate incidents; or 
 18.19     (3) a violation of section 86B.331, subdivision 1, 
 18.20  paragraph (a), or an ordinance in conformity with it: 
 18.21     (i) by a person whose driver's license or driving 
 18.22  privileges have been canceled under section 171.04, subdivision 
 18.23  1, clause (8) (9); or 
 18.24     (4) (ii) by a person who is subject to a restriction on the 
 18.25  person's driver's license under section 171.09 that provides 
 18.26  that the person may not use or consume any amount of alcohol or 
 18.27  a controlled substance. 
 18.28     (c) "Motorboat" has the meaning given in section 86B.005, 
 18.29  subdivision 9.  
 18.30     (d) "Owner" means the registered owner of the motorboat 
 18.31  according to records of the department of natural resources and 
 18.32  includes a lessee of a motorboat if the lease agreement has a 
 18.33  term of 180 days or more. 
 18.34     (e) "Prior impaired driving conviction" has the meaning 
 18.35  given in section 169.121, subdivision 3. 
 18.36     (f) "Prior license revocation" has the meaning given in 
 19.1   section 169.121, subdivision 3. 
 19.2      (g) "Prosecuting authority" means the attorney in the 
 19.3   jurisdiction in which the designated offense occurred who is 
 19.4   responsible for prosecuting violations of a designated offense. 
 19.5      Sec. 24.  Minnesota Statutes 1996, section 97B.066, 
 19.6   subdivision 6, is amended to read: 
 19.7      Subd. 6.  [JUDICIAL AND ADMINISTRATIVE REVIEW; 
 19.8   ENFORCEMENT.] Judicial and administrative review of sanctions 
 19.9   imposed under this section is governed by section 86B.335, 
 19.10  subdivisions 3, 4, and 5.  Payment and enforcement of the civil 
 19.11  penalty imposed under this section is governed by section 
 19.12  86B.335, subdivisions 11 and 12 7 and 8. 
 19.13     Sec. 25.  Minnesota Statutes 1996, section 97B.066, is 
 19.14  amended by adding a subdivision to read: 
 19.15     Subd. 7.  [PAYMENT OF CIVIL PENALTY.] The civil penalty 
 19.16  imposed under subdivision 2 must be paid to the political 
 19.17  subdivision that represents the commissioner on the petition for 
 19.18  judicial review or, in the event that a petition is not filed, 
 19.19  to the political subdivision that would have represented the 
 19.20  commissioner had a petition been filed.  If a person does not 
 19.21  pay the civil penalty, the prohibition against hunting is 
 19.22  automatically extended until the political subdivision reports 
 19.23  in writing to the commissioner that the penalty has been paid.  
 19.24     Sec. 26.  Minnesota Statutes 1996, section 97B.066, is 
 19.25  amended by adding a subdivision to read: 
 19.26     Subd. 8.  [ENFORCEMENT OF CIVIL PENALTY.] (a) If a person 
 19.27  does not pay the civil penalty imposed under subdivision 2 
 19.28  within 30 days of the date it was imposed, the prosecuting 
 19.29  authority representing the commissioner may petition the 
 19.30  district court in the county where the incident occurred to file 
 19.31  the order imposing the civil penalty as an order of the court. 
 19.32     (b) Once entered, the order may be enforced in the same 
 19.33  manner as a final judgment of the court.  In addition to the 
 19.34  penalty, attorney fees, costs, and interest may be assessed 
 19.35  against any person who fails to pay the civil penalty. 
 19.36     Sec. 27.  Minnesota Statutes 1996, section 168.042, 
 20.1   subdivision 1, is amended to read: 
 20.2      Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
 20.3   section, the following terms have the meanings given. 
 20.4      (b) "Violator" means a person who was driving, operating, 
 20.5   or in physical control of the motor vehicle when the violation 
 20.6   occurred. 
 20.7      (c) "Violation" means: 
 20.8      (1) a violation of section 169.123 or an impaired driving 
 20.9   conviction as defined in section 169.121, subdivision 3, that 
 20.10  results in the revocation of a person's driver's license or 
 20.11  driving privileges, and also includes an alcohol-related license 
 20.12  revocation from another state; 
 20.13     (2) a violation of section 169.129; and 
 20.14     (3) a violation of section 171.24 by a person whose 
 20.15  driver's license or driving privileges have been canceled under 
 20.16  section 171.04, subdivision 1, clause (8). includes: 
 20.17     (1) a violation of section 169.121, subdivision 1, clause 
 20.18  (a), (b), (c), (d), (e), (g), or (h), or a conforming ordinance 
 20.19  from this state or a conforming statute or ordinance from 
 20.20  another state: 
 20.21     (i) within five years of a prior impaired driving 
 20.22  conviction or a prior license revocation; or 
 20.23     (ii) within 15 years of two or more prior impaired driving 
 20.24  convictions, two or more prior license revocations, or a prior 
 20.25  impaired driving conviction and a prior license revocation, 
 20.26  based on separate incidents; 
 20.27     (2) a violation of section 169.121, subdivision 1, clause 
 20.28  (f), or section 169.121, subdivision 3, paragraph (c), clause 
 20.29  (4); 
 20.30     (3) a violation of section 169.129; and 
 20.31     (4) a violation of section 171.24 by a person whose 
 20.32  driver's license or driving privileges have been canceled under 
 20.33  section 171.04, subdivision 1, clause (9). 
 20.34     (d) "Prior impaired driving conviction" has the meaning 
 20.35  given it in section 169.121, subdivision 3. 
 20.36     (e) "Prior license revocation" has the meaning given it in 
 21.1   section 169.121, subdivision 3. 
 21.2      Sec. 28.  Minnesota Statutes 1996, section 168.042, 
 21.3   subdivision 2, is amended to read: 
 21.4      Subd. 2.  [VIOLATION; ISSUANCE OF IMPOUNDMENT ORDER.] The 
 21.5   commissioner shall issue a registration plate impoundment order 
 21.6   when: 
 21.7      (1) a person's driver's license or driving privileges are 
 21.8   revoked for a third violation. , as defined in subdivision 1, 
 21.9   paragraph (c), clause (1), within five years or a fourth or 
 21.10  subsequent violation, as defined in subdivision 1, paragraph 
 21.11  (c), clause (1), within 15 years; 
 21.12     (2) a person's driver's license or driving privileges are 
 21.13  revoked for a violation of section 169.121, subdivision 3, 
 21.14  paragraph (c), clause (4), within five years of one previous 
 21.15  violation or within 15 years of two or more previous violations, 
 21.16  as defined in subdivision 1, paragraph (c), clause (1); or 
 21.17     (3) a person is arrested for or charged with a violation 
 21.18  described in subdivision 1, paragraph (c), clause (2) or (3).  
 21.19     The order shall require the impoundment of the registration 
 21.20  plates of the self-propelled motor vehicle involved in the 
 21.21  violation and all self-propelled motor vehicles owned by, 
 21.22  registered, or leased in the name of the violator, including 
 21.23  self-propelled motor vehicles registered jointly or leased in 
 21.24  the name of the violator and another.  An impoundment order 
 21.25  shall not be issued for the registration plates of a rental 
 21.26  vehicle as defined in section 168.041, subdivision 10, or a 
 21.27  vehicle registered in another state. 
 21.28     Sec. 29.  Minnesota Statutes 1996, section 168.042, 
 21.29  subdivision 4, is amended to read: 
 21.30     Subd. 4.  [PEACE OFFICER AS AGENT FOR NOTICE OF 
 21.31  IMPOUNDMENT.] On behalf of the commissioner, a peace officer 
 21.32  issuing a notice of intent to revoke and of revocation under 
 21.33  section 169.123 for a violation shall also serve a notice of 
 21.34  intent to impound and an order of impoundment if the violation 
 21.35  is the third violation, as defined in subdivision 1, paragraph 
 21.36  (c), clause (1), within five years or the fourth or subsequent 
 22.1   violation, as defined in subdivision 1, paragraph (c), clause 
 22.2   (1), within 15 years.  On behalf of the commissioner, a peace 
 22.3   officer who is arresting a person for or charging a person with 
 22.4   a violation described in subdivision 1, paragraph (c), clause 
 22.5   (2) or (3), shall also serve a notice of intent to impound and 
 22.6   an order of impoundment.  If the vehicle involved in the 
 22.7   violation is accessible to the officer at the time the 
 22.8   impoundment order is issued, the officer shall seize the 
 22.9   registration plates subject to the impoundment order.  The 
 22.10  officer shall destroy all plates seized or impounded under this 
 22.11  section.  The officer shall send to the commissioner copies of 
 22.12  the notice of intent to impound and the order of impoundment and 
 22.13  a notice that registration plates impounded and seized under 
 22.14  this section have been destroyed. 
 22.15     Sec. 30.  Minnesota Statutes 1996, section 168.042, 
 22.16  subdivision 9, is amended to read: 
 22.17     Subd. 9.  [ADMINISTRATIVE REVIEW.] At any time during the 
 22.18  effective period of an impoundment order, a person may request 
 22.19  in writing a review of the impoundment order by the 
 22.20  commissioner.  On receiving a request, the commissioner or the 
 22.21  commissioner's designee shall review the order, the evidence 
 22.22  upon which the order was based, and any other material 
 22.23  information brought to the attention of the commissioner, and 
 22.24  determine whether sufficient cause exists to sustain the order.  
 22.25  The commissioner shall report in writing the results of the 
 22.26  review within 15 days of receiving the request.  The review 
 22.27  provided in this subdivision is not subject to the contested 
 22.28  case provisions of the administrative procedure act in sections 
 22.29  14.01 to 14.69.  As a result of this review, the commissioner 
 22.30  may authorize the issuance at no cost of new registration plates 
 22.31  to the registered owner of the vehicle if the registered owner's 
 22.32  license or driving privileges were not revoked under section 
 22.33  169.123 or as a result of an impaired driving conviction as 
 22.34  defined in section 169.121, subdivision 3 the violation. 
 22.35     Review under this subdivision shall take place, if 
 22.36  possible, at the same time as any administrative review of the 
 23.1   person's license revocation under section 169.123, subdivision 
 23.2   5b. 
 23.3      Sec. 31.  Minnesota Statutes 1996, section 168.042, 
 23.4   subdivision 11, is amended to read: 
 23.5      Subd. 11.  [RESCISSION OF REVOCATION; DISMISSAL OF CHARGES 
 23.6   OR ACQUITTAL; ISSUANCE OF NEW PLATES.] If: 
 23.7      (1) the driver's license revocation that is the basis for 
 23.8   an impoundment order is rescinded,; 
 23.9      (2) the charges for the violation have been dismissed with 
 23.10  prejudice; or 
 23.11     (3) the violator has been acquitted of the violation; 
 23.12  then the registrar of motor vehicles shall issue new 
 23.13  registration plates for the vehicle at no cost, when the 
 23.14  registrar receives an application that includes a copy of the 
 23.15  order rescinding the driver's license revocation, the order 
 23.16  dismissing the charges, or the judgment of acquittal.  If the 
 23.17  impoundment order was based on a violation described in 
 23.18  subdivision 1, paragraph (c), clause (2) or (3), and the charges 
 23.19  have been dismissed with prejudice or the violator has been 
 23.20  acquitted of the violation, the registrar of motor vehicles 
 23.21  shall issue new registration plates for the vehicle at no cost, 
 23.22  when the registrar receives an application that includes a copy 
 23.23  of the order dismissing the charges or a copy of the judgment of 
 23.24  acquittal. 
 23.25     Sec. 32.  [168.0422] [STOPS OF VEHICLES BEARING SPECIAL 
 23.26  SERIES PLATES.] 
 23.27     A peace officer who observes the operation of a motor 
 23.28  vehicle within this state bearing special series registration 
 23.29  plates issued under section 168.041, subdivision 6, or 168.042, 
 23.30  subdivision 12, may stop the vehicle for the purpose of 
 23.31  determining whether the driver is operating the vehicle lawfully 
 23.32  under a valid driver's license. 
 23.33     Sec. 33.  Minnesota Statutes 1996, section 169.01, 
 23.34  subdivision 75, is amended to read: 
 23.35     Subd. 75.  [COMMERCIAL MOTOR VEHICLE.] (a) "Commercial 
 23.36  motor vehicle" means a motor vehicle or combination of motor 
 24.1   vehicles used to transport passengers or property if the motor 
 24.2   vehicle: 
 24.3      (1) has a gross vehicle weight of more than 26,000 pounds; 
 24.4      (2) has a towed unit with a gross vehicle weight of more 
 24.5   than 10,000 pounds and the combination of vehicles has a 
 24.6   combined gross vehicle weight of more than 26,000 pounds; 
 24.7      (3) is a bus; 
 24.8      (4) is of any size and is used in the transportation of 
 24.9   hazardous materials, except for those vehicles having a gross 
 24.10  vehicle weight of 26,000 pounds or less while carrying in bulk 
 24.11  tanks a total of not more than 200 gallons of petroleum products 
 24.12  and liquid fertilizer; or 
 24.13     (5) is outwardly equipped and identified as a school bus, 
 24.14  except for school buses defined in subdivision 6, paragraph (c). 
 24.15     (b) For purposes of sections 169.1211, 169.1215, and 
 24.16  169.123, subdivisions 2 and 4,: 
 24.17     (1) a commercial motor vehicle does not include a farm 
 24.18  truck, firefighting equipment, or recreational equipment being 
 24.19  operated by a person within the scope of section 171.02, 
 24.20  subdivision 2, paragraph (a); and 
 24.21     (2) a commercial motor vehicle includes a vehicle capable 
 24.22  of or designed to meet the standards described in paragraph (a), 
 24.23  clause (2), whether or not the towed unit is attached to the 
 24.24  truck-tractor at the time of the violation or stop. 
 24.25     Sec. 34.  Minnesota Statutes 1996, section 169.121, 
 24.26  subdivision 1, is amended to read: 
 24.27     Subdivision 1.  [CRIME; ACTS PROHIBITED.] It is a crime for 
 24.28  any person to drive, operate, or be in physical control of any 
 24.29  motor vehicle within this state or upon the ice of any boundary 
 24.30  water of this state under any of the following circumstances: 
 24.31     (a) when the person is under the influence of alcohol; 
 24.32     (b) when the person is under the influence of a controlled 
 24.33  substance; 
 24.34     (c) when the person is under the influence of a combination 
 24.35  of any two or more of the elements named in clauses (a), (b), 
 24.36  and (f) (g); 
 25.1      (d) when the person's alcohol concentration is 0.10 or more 
 25.2   but less than 0.20; 
 25.3      (e) when the person's alcohol concentration as measured 
 25.4   within two hours of the time of driving, operating, or being in 
 25.5   physical control of the motor vehicle is 0.10 or more but less 
 25.6   than 0.20; 
 25.7      (f) when the person's alcohol concentration at the time, or 
 25.8   as measured within two hours of the time, of driving, operating 
 25.9   or being in physical control of the motor vehicle is 0.20 or 
 25.10  more; 
 25.11     (g) when the person is knowingly under the influence of a 
 25.12  hazardous substance that affects the nervous system, brain, or 
 25.13  muscles of the person so as to substantially impair the person's 
 25.14  ability to drive or operate the motor vehicle; or 
 25.15     (g) (h) when the person's body contains any amount of a 
 25.16  controlled substance listed in schedule I or II other than 
 25.17  marijuana or tetrahydrocannabinols. 
 25.18     Sec. 35.  Minnesota Statutes 1996, section 169.121, 
 25.19  subdivision 1c, is amended to read: 
 25.20     Subd. 1c.  [CONDITIONAL RELEASE.] (a) Unless maximum bail 
 25.21  is imposed under section 629.471, subdivision 2, a person 
 25.22  charged with violating subdivision 1 within ten years of the 
 25.23  first of three prior impaired driving convictions or within the 
 25.24  person's lifetime after four or more prior impaired driving 
 25.25  convictions may be released from detention only if the following 
 25.26  conditions are imposed in addition to the other conditions of 
 25.27  release ordered by the court: 
 25.28     (1) the impoundment of the registration plates of the 
 25.29  vehicle used to commit the violation, unless already impounded; 
 25.30     (2) a requirement that the alleged violator report weekly 
 25.31  to a probation agent; 
 25.32     (3) a requirement that the alleged violator abstain from 
 25.33  consumption of alcohol and controlled substances and submit to 
 25.34  random, weekly alcohol tests or urine analyses; and 
 25.35     (4) a requirement that, if convicted, the alleged violator 
 25.36  reimburse the court or county for the total cost of these 
 26.1   services. 
 26.2      (b) Unless maximum bail is imposed under section 629.471, 
 26.3   subdivision 2, a person charged with violating subdivision 1, 
 26.4   clause (f), may be released from detention only if the person 
 26.5   agrees to abstain from alcohol and participate in a program of 
 26.6   electronic alcohol monitoring involving measurements of the 
 26.7   person's alcohol concentration at least twice each day according 
 26.8   to a protocol determined by the court.  This requirement must be 
 26.9   imposed in addition to the conditions imposed under paragraph 
 26.10  (a) and regardless of whether the person has a record of prior 
 26.11  impaired driving convictions or prior license revocations.  If 
 26.12  the defendant is convicted of the charged offense, the court may 
 26.13  require partial or total reimbursement from the person for the 
 26.14  cost of the electronic alcohol monitoring. 
 26.15     Sec. 36.  Minnesota Statutes 1996, section 169.121, 
 26.16  subdivision 2, is amended to read: 
 26.17     Subd. 2.  [EVIDENCE.] (a) Upon the trial of any prosecution 
 26.18  arising out of acts alleged to have been committed by any person 
 26.19  arrested for driving, operating, or being in physical control of 
 26.20  a motor vehicle in violation of subdivision 1, the court may 
 26.21  admit evidence of the presence or amount of alcohol, controlled 
 26.22  substances, or hazardous substances in the person's blood, 
 26.23  breath, or urine as shown by an analysis of those items. 
 26.24     (b) For the purposes of this subdivision, evidence that 
 26.25  there was at the time an alcohol concentration of 0.04 or more 
 26.26  is relevant evidence in indicating whether or not the person was 
 26.27  under the influence of alcohol. 
 26.28     (c) Evidence of the refusal to take a test is admissible 
 26.29  into evidence in a prosecution under this section or an 
 26.30  ordinance in conformity with it.  
 26.31     (d) If proven by a preponderance of the evidence, it shall 
 26.32  be an affirmative defense to a violation of subdivision 1, 
 26.33  clause (e), that the defendant consumed a sufficient quantity of 
 26.34  alcohol after the time of actual driving, operating, or physical 
 26.35  control of a motor vehicle and before the administration of the 
 26.36  evidentiary test to cause the defendant's alcohol concentration 
 27.1   to exceed 0.10.  Evidence that the defendant consumed alcohol 
 27.2   after the time of actual driving, operating, or being in 
 27.3   physical control of a motor vehicle may not be admitted in 
 27.4   defense to any alleged violation of this section unless notice 
 27.5   is given to the prosecution prior to the omnibus or pretrial 
 27.6   hearing in the matter. 
 27.7      (e) If proven by a preponderance of the evidence, it shall 
 27.8   be an affirmative defense to a violation of subdivision 1, 
 27.9   clause (g) (h), that the defendant used the controlled substance 
 27.10  according to the terms of a prescription issued for the 
 27.11  defendant in accordance with sections 152.11 and 152.12.  
 27.12     (f) The preceding provisions do not limit the introduction 
 27.13  of any other competent evidence bearing upon the question of 
 27.14  whether the person violated this section, including tests 
 27.15  obtained more than two hours after the alleged violation and 
 27.16  results obtained from partial tests on an infrared 
 27.17  breath-testing instrument.  A result from a partial test is the 
 27.18  measurement obtained by analyzing one adequate breath sample, as 
 27.19  defined in section 169.123, subdivision 2b, paragraph (b). 
 27.20     Sec. 37.  Minnesota Statutes 1996, section 169.121, 
 27.21  subdivision 3, is amended to read: 
 27.22     Subd. 3.  [CRIMINAL PENALTIES.] (a) As used in this 
 27.23  subdivision section:  
 27.24     (1) "Prior impaired driving conviction" means a prior 
 27.25  conviction under: 
 27.26     (i) this section; section 84.91, subdivision 1, paragraph 
 27.27  (a), or subdivision 1a; 86B.331, subdivision 1, paragraph (a), 
 27.28  or subdivision 1a; 169.1211; 169.129; or 360.0752; 
 27.29     (ii) section 609.21, subdivision 1, clauses (2) to (6); 
 27.30  609.21, subdivision 2, clauses (2) to (6); 609.21, subdivision 
 27.31  2a, clauses (2) to (6); 609.21, subdivision 2b, clauses (2) to 
 27.32  (6); 609.21, subdivision 3, clauses (2) to (6); 609.21, or 
 27.33  subdivision 4, clauses (2) to (6); or 
 27.34     (iii) an ordinance from this state, or a statute or 
 27.35  ordinance from another state, in conformity with any of 
 27.36  them provision listed in item (i) or (ii). 
 28.1   A prior impaired driving conviction also includes a prior 
 28.2   juvenile adjudication that would have been a prior impaired 
 28.3   driving conviction if committed by an adult; and. 
 28.4      (2) "Prior license revocation" means: 
 28.5      (i) a driver's license suspension, revocation, or 
 28.6   cancellation, denial, or disqualification under this section; 
 28.7   section 169.1211; 169.123; 171.04; 171.14; 171.16; 171.165; 
 28.8   171.17; or 171.18 because of an alcohol-related incident; 
 28.9   609.21, subdivision 1, clauses (2) to (6); 609.21, subdivision 
 28.10  2, clauses (2) to (6); 609.21, subdivision 2a, clauses (2) to 
 28.11  (6); 609.21, subdivision 2b, clauses (2) to (6); 609.21, 
 28.12  subdivision 3, clauses (2) to (6); or 609.21, subdivision 4, 
 28.13  clauses (2) to (6); or an ordinance from this state, or a 
 28.14  statute or ordinance from another state, in conformity with any 
 28.15  of them; or 
 28.16     (ii) the revocation of snowmobile or all-terrain vehicle 
 28.17  operating privileges under section 84.911, or motorboat 
 28.18  operating privileges under section 86B.335, for violations that 
 28.19  occurred on or after August 1, 1995. 
 28.20     (b) A person who violates subdivision 1, clause (a), (b), 
 28.21  (c), (d), (e), (g), or (h), or subdivision 1a, or an ordinance 
 28.22  in conformity with either any of them, is guilty of a 
 28.23  misdemeanor. 
 28.24     (c) A person is guilty of a gross misdemeanor under any of 
 28.25  the following circumstances: 
 28.26     (1) the person violates subdivision 1, clause (f); 
 28.27     (2) the person violates subdivision 1, clause (a), (b), 
 28.28  (c), (d), (e), (g), or (h), or subdivision 1a: 
 28.29     (i) within five years of a prior impaired driving 
 28.30  conviction, or within ten years of the first of two or more 
 28.31  prior impaired driving convictions; 
 28.32     (2) the person violates subdivision 1a within five years of 
 28.33  a prior license revocation,; or 
 28.34     (ii) within ten years of the first of two or more 
 28.35  prior impaired driving convictions, two or more prior license 
 28.36  revocations, or a prior impaired driving conviction and a prior 
 29.1   license revocation, based on separate incidents; 
 29.2      (3) the person violates section 169.26 while in violation 
 29.3   of subdivision 1; or 
 29.4      (4) the person violates subdivision 1 or 1a while a child 
 29.5   under the age of 16 is in the vehicle, if the child is more than 
 29.6   36 months younger than the violator. 
 29.7      (d) The court shall notify a person convicted of violating 
 29.8   subdivision 1 or 1a that upon a subsequent conviction for 
 29.9   violating this section, section 169.129, or section 171.24, or a 
 29.10  license revocation under section 169.123; the registration 
 29.11  plates of the person's motor vehicle may be impounded under 
 29.12  section 168.042 and the vehicle may be subject to forfeiture 
 29.13  under section 169.1217.  The notice must describe the conduct 
 29.14  and the time periods that the conduct must occur within to 
 29.15  result in plate impoundment or forfeiture.  The failure of the 
 29.16  court to provide this information does not affect the 
 29.17  applicability of the plate impoundment or the forfeiture 
 29.18  provision to that person. 
 29.19     (d) (e) The attorney in the jurisdiction in which the 
 29.20  violation occurred who is responsible for prosecution of 
 29.21  misdemeanor violations of this section shall also be responsible 
 29.22  for prosecution of gross misdemeanor violations of this section. 
 29.23     (e) (f) The court must impose consecutive sentences when it 
 29.24  sentences a person for a violation of this section or section 
 29.25  169.129 arising out of separate behavioral incidents.  The court 
 29.26  also must impose a consecutive sentence when it sentences a 
 29.27  person for a violation of this section or section 169.129 and 
 29.28  the person, at the time of sentencing, is on probation for, or 
 29.29  serving, an executed sentence for a violation of this section or 
 29.30  section 169.129 and the prior sentence involved a separate 
 29.31  behavioral incident.  The court also may order that the sentence 
 29.32  imposed for a violation of this section or section 169.129 shall 
 29.33  run consecutively to a previously imposed misdemeanor, gross 
 29.34  misdemeanor or felony sentence for a violation other than this 
 29.35  section or section 169.129. 
 29.36     (f) (g) The court may impose consecutive sentences for 
 30.1   offenses arising out of a single course of conduct as permitted 
 30.2   in section 609.035, subdivision 2.  
 30.3      (g) (h) When an attorney responsible for prosecuting gross 
 30.4   misdemeanors under this section requests criminal history 
 30.5   information relating to prior impaired driving convictions from 
 30.6   a court, the court must furnish the information without charge. 
 30.7      (h) (i) A violation of subdivision 1a may be prosecuted 
 30.8   either in the jurisdiction where the arresting officer observed 
 30.9   the defendant driving, operating, or in control of the motor 
 30.10  vehicle or in the jurisdiction where the refusal occurred. 
 30.11     Sec. 38.  Minnesota Statutes 1996, section 169.121, 
 30.12  subdivision 3a, is amended to read: 
 30.13     Subd. 3a.  [HABITUAL OFFENDER PENALTIES.] (a) Except as 
 30.14  otherwise provided in paragraph paragraphs (b), (c), and (d), a 
 30.15  person must be sentenced to a minimum of 30 days incarceration, 
 30.16  at least 48 hours of which must be served consecutively, or to 
 30.17  eight hours of community work service for each day less than 30 
 30.18  days that the person is ordered to serve in jail, if a the 
 30.19  person has been convicted under this section, of a violation of 
 30.20  subdivision 1, clause (a), (b), (c), (d), (e), (g), or (h), 
 30.21  section 169.129, or an ordinance in conformity with either any 
 30.22  of them, or a statute or ordinance from another state in 
 30.23  conformity with either of them, and if the person is then 
 30.24  convicted of a gross misdemeanor violation of this section, a 
 30.25  violation of section 169.129, or an ordinance in conformity with 
 30.26  either of them (1)once: 
 30.27     (1) within five years after the first a prior impaired 
 30.28  driving conviction or (2) two or more times a prior license 
 30.29  revocation; or 
 30.30     (2) within ten years after the first conviction, the person 
 30.31  must be sentenced to a minimum of 30 days imprisonment, at least 
 30.32  48 hours of which must be served consecutively, or to eight 
 30.33  hours of community work service for each day less than 30 days 
 30.34  that the person is ordered to serve in jail.  Provided, that two 
 30.35  or more prior impaired driving convictions, two or more prior 
 30.36  license revocations, or a prior impaired driving conviction and 
 31.1   a prior license revocation, based on separate incidents. 
 31.2   This sentence must be executed, unless the court departs from 
 31.3   the mandatory minimum sentence under paragraph (e), (f), or (g). 
 31.4      (b) However, a person must be sentenced to a minimum of 30 
 31.5   days incarceration, at least 48 hours of which must be served 
 31.6   consecutively, and the sentence may not be waived under 
 31.7   paragraph (e), (f), or (g) if a the person is has been 
 31.8   convicted of violating this section, a violation of subdivision 
 31.9   1, clause (a), (b), (c), (d), (e), (g), or (h), section 169.129, 
 31.10  or an ordinance in conformity with either any of them two or 
 31.11  more times within five years after the first conviction, or 
 31.12  within five years after the first of two or more prior impaired 
 31.13  driving convictions, two or more prior license revocations, as 
 31.14  defined in subdivision 3, paragraph (a), clause (2), the person 
 31.15  must be sentenced to a minimum of 30 days imprisonment, at least 
 31.16  48 hours of which must be served consecutively, and the sentence 
 31.17  may not be waived under paragraph (c) or (d).  Notwithstanding 
 31.18  section 609.135, the above sentence must be executed, unless the 
 31.19  court departs from the mandatory minimum sentence under 
 31.20  paragraph (c) or (d) or a prior impaired driving conviction and 
 31.21  a prior license revocation, based on separate incidents. 
 31.22     (b) (c) A person must be sentenced to a minimum of one year 
 31.23  of incarceration, at least 48 hours of which must be served 
 31.24  consecutively, or of intensive probation using an electronic 
 31.25  alcohol monitoring system, or a combination thereof, if the 
 31.26  person is convicted of violating this section, section 169.129, 
 31.27  or an ordinance in conformity with either of them:  
 31.28     (1) within ten years of the first of five, or within 15 
 31.29  years of the first of seven, or six prior impaired driving 
 31.30  convictions, five or six prior license revocations, as defined 
 31.31  in subdivision 3, paragraph (a), clause (2), or any combination 
 31.32  of five or six prior impaired driving convictions and prior 
 31.33  license revocations, based on separate incidents; or 
 31.34     (2) within ten years of the first of five, or within 15 
 31.35  years of the first of seven, or more prior impaired driving 
 31.36  convictions under this section, section 169.129, or an ordinance 
 32.1   in conformity with either of them, seven or more prior license 
 32.2   revocations, or any combination of seven or more prior impaired 
 32.3   driving convictions and prior license revocations, based on 
 32.4   separate incidents. 
 32.5      (c) (d) Except as provided in paragraph (c), a person must 
 32.6   be sentenced to a minimum of 30 days incarceration, at least 48 
 32.7   hours of which must be served consecutively, and the sentence 
 32.8   may not be waived under paragraph (e), (f), or (g), if the 
 32.9   person has been convicted of a violation of subdivision 1, 
 32.10  paragraph (f), or an ordinance in conformity with it, any time 
 32.11  after a prior impaired driving conviction or a prior license 
 32.12  revocation.  In addition, the person must be sentenced to a 
 32.13  minimum of one year of intensive probation using electronic 
 32.14  alcohol monitoring.  
 32.15     (e) Prior to sentencing the prosecutor may file a motion to 
 32.16  have the defendant sentenced without regard to the mandatory 
 32.17  minimum sentence established by this subdivision.  The motion 
 32.18  must be accompanied by a statement on the record of the reasons 
 32.19  for it.  When presented with the prosecutor's motion and if it 
 32.20  finds that substantial mitigating factors exist, the court shall 
 32.21  sentence the defendant without regard to the mandatory minimum 
 32.22  sentence established by this subdivision. 
 32.23     (d) (f) The court may, on its own motion, sentence the 
 32.24  defendant without regard to the mandatory minimum sentence 
 32.25  established by this subdivision if it finds that substantial 
 32.26  mitigating factors exist and if its sentencing departure is 
 32.27  accompanied by a statement on the record of the reasons for it. 
 32.28     (e) (g) The court may sentence the defendant without regard 
 32.29  to the mandatory minimum sentence established by this 
 32.30  subdivision if the defendant is sentenced to probation and 
 32.31  ordered to participate in a program established under section 
 32.32  169.1265. 
 32.33     (f) (h) When any portion of the sentence required by this 
 32.34  subdivision is not executed, the court should impose a sentence 
 32.35  that is proportional to the extent of the offender's prior 
 32.36  criminal and moving traffic violation record.  Any sentence 
 33.1   required under this subdivision must include a mandatory 
 33.2   sentence that is not subject to suspension or a stay of 
 33.3   imposition or execution, and that includes incarceration for not 
 33.4   less than 48 consecutive hours or at least 80 hours of community 
 33.5   work service. 
 33.6      Sec. 39.  Minnesota Statutes 1996, section 169.121, 
 33.7   subdivision 3b, is amended to read: 
 33.8      Subd. 3b.  [HABITUAL OFFENDERS; CHEMICAL USE ASSESSMENT.] 
 33.9   The court must order a person to submit to the level of care 
 33.10  recommended in the chemical use assessment if a the person has 
 33.11  been convicted under of violating: 
 33.12     (1) subdivision 1, subdivision 1a, clause (f); or 
 33.13     (2) subdivision 1, clause (a), (b), (c), (d), (e), (g), or 
 33.14  (h), subdivision 1a, section 169.129, an ordinance in conformity 
 33.15  with any of them, or a statute or ordinance from another state 
 33.16  in conformity with any of them, and if the person is then 
 33.17  convicted of violating subdivision 1, subdivision 1a, section 
 33.18  169.129, or an ordinance in conformity with any of them (1) once:
 33.19     (i) within five years of the first a prior impaired driving 
 33.20  conviction or (2) two or more times a prior license revocation; 
 33.21  or 
 33.22     (ii) within ten years after the first conviction, the court 
 33.23  must order the person to submit to the level of care recommended 
 33.24  in the chemical use assessment required under section 169.126 of 
 33.25  two or more prior impaired driving convictions, two or more 
 33.26  prior license revocations, or a prior impaired driving 
 33.27  conviction and a prior license revocation, based on separate 
 33.28  incidents.  
 33.29     Sec. 40.  Minnesota Statutes 1996, section 169.121, 
 33.30  subdivision 4, is amended to read: 
 33.31     Subd. 4.  [ADMINISTRATIVE PENALTIES.] (a) The commissioner 
 33.32  of public safety shall revoke the driver's license of a person 
 33.33  convicted of violating this section or an ordinance in 
 33.34  conformity with it as follows:  
 33.35     (1) for an offense under subdivision 1:  not less than 30 
 33.36  days; 
 34.1      (2) for an offense under subdivision 1a:  not less than 90 
 34.2   days; 
 34.3      (3) for an offense occurring within five years after a 
 34.4   prior impaired driving conviction or a prior license revocation, 
 34.5   or any time after two or more prior impaired driving convictions 
 34.6   or prior license revocations:  (i) if the current conviction is 
 34.7   for a violation of subdivision 1, not less than 180 days and 
 34.8   until the court has certified that treatment or rehabilitation 
 34.9   has been successfully completed where prescribed in accordance 
 34.10  with section 169.126; or (ii) if the current conviction is for a 
 34.11  violation of subdivision 1a, not less than one year and until 
 34.12  the court has certified that treatment or rehabilitation has 
 34.13  been successfully completed where prescribed in accordance with 
 34.14  section 169.126; 
 34.15     (4) for an offense occurring within five years after the 
 34.16  first of two prior impaired driving convictions or prior license 
 34.17  revocations:  not less than one year, together with denial under 
 34.18  section 171.04, subdivision 1, clause (8) (9), until 
 34.19  rehabilitation is established in accordance with standards 
 34.20  established by the commissioner; 
 34.21     (5) for an offense occurring any time after three or more 
 34.22  prior impaired driving convictions or prior license 
 34.23  revocations:  not less than two years, together with denial 
 34.24  under section 171.04, subdivision 1, clause (8) (9), until 
 34.25  rehabilitation is established in accordance with standards 
 34.26  established by the commissioner.  
 34.27     (b) If the person convicted of violating this section is 
 34.28  under the age of 21 years, the commissioner of public safety 
 34.29  shall revoke the offender's driver's license or operating 
 34.30  privileges for a period of six months or for the appropriate 
 34.31  period of time under paragraph (a), clauses (1) to (5), for the 
 34.32  offense committed, whichever is the greatest period.  
 34.33     (c) For purposes of this subdivision, a juvenile 
 34.34  adjudication under this section, section 169.129, an ordinance 
 34.35  in conformity with either of them, or a statute or ordinance 
 34.36  from another state in conformity with either of them is an 
 35.1   offense.  
 35.2      (d) Whenever department records show that the violation 
 35.3   involved personal injury or death to any person, not less than 
 35.4   90 additional days shall be added to the base periods provided 
 35.5   above.  
 35.6      (e) If the person is convicted of violating subdivision 1, 
 35.7   paragraph (f), the commissioner of public safety shall revoke 
 35.8   the person's driver's license for twice the period of time 
 35.9   otherwise provided for in this subdivision. 
 35.10     (f) Except for a person whose license has been revoked 
 35.11  under paragraph (b), and except for a person who commits a 
 35.12  violation described in subdivision 3, paragraph (c), clause (4), 
 35.13  (child endangerment), any person whose license has been revoked 
 35.14  pursuant to section 169.123 as the result of the same incident, 
 35.15  and who does not have a prior impaired driving conviction or 
 35.16  prior license revocation within the previous ten years, is 
 35.17  subject to the mandatory revocation provisions of paragraph (a), 
 35.18  clause (1) or (2), in lieu of the mandatory revocation 
 35.19  provisions of section 169.123. 
 35.20     (f) As used in this subdivision, the terms "prior impaired 
 35.21  driving conviction" and "prior license revocation" have the 
 35.22  meanings given in subdivision 3, paragraph (a). 
 35.23     Sec. 41.  Minnesota Statutes 1996, section 169.121, is 
 35.24  amended by adding a subdivision to read: 
 35.25     Subd. 5b.  [PENALTY ASSESSMENT.] When a court sentences a 
 35.26  person convicted of violating subdivision 1, paragraph (f), the 
 35.27  court may impose a penalty assessment of up to $1,000.  The 
 35.28  court may impose this assessment in addition to any other 
 35.29  penalties or charges authorized under this section.  Money 
 35.30  collected under this subdivision must be credited to the general 
 35.31  fund. 
 35.32     Sec. 42.  Minnesota Statutes 1996, section 169.121, 
 35.33  subdivision 6, is amended to read: 
 35.34     Subd. 6.  [PRELIMINARY SCREENING TEST.] (a) When a peace 
 35.35  officer has reason to believe from the manner in which a person 
 35.36  is driving, operating, controlling, or acting upon departure 
 36.1   from a motor vehicle, or has driven, operated, or controlled a 
 36.2   motor vehicle, that the driver may be violating or has violated 
 36.3   subdivision 1 or section 169.1211, the officer may require the 
 36.4   driver to provide a sample of the driver's breath for a 
 36.5   preliminary screening test using a device approved by the 
 36.6   commissioner of public safety for this purpose. 
 36.7      (b) The results of this preliminary screening test shall be 
 36.8   used for the purpose of deciding whether an arrest should be 
 36.9   made and whether to require the tests authorized in section 
 36.10  169.123, but shall not be used in any court action except the 
 36.11  following: 
 36.12     (1) to prove that a test was properly required of a person 
 36.13  pursuant to section 169.123, subdivision 2; 
 36.14     (2) to prove the element of probable cause in a criminal 
 36.15  prosecution for a violation of subdivision 1a; 
 36.16     (3) in a civil action arising out of the operation or use 
 36.17  of the motor vehicle; 
 36.18     (3) (4) in an action for license reinstatement under 
 36.19  section 171.19; or 
 36.20     (4) (5) in a prosecution or juvenile court proceeding 
 36.21  concerning a violation of section 169.1218, or 340A.503, 
 36.22  subdivision 1, paragraph (a), clause (2); or 
 36.23     (6) in a prosecution under section 171.30. 
 36.24     (c) Following the screening test additional tests may be 
 36.25  required of the driver pursuant to the provisions of section 
 36.26  169.123. 
 36.27     (d) The driver who refuses to furnish a sample of the 
 36.28  driver's breath is subject to the provisions of section 169.123 
 36.29  unless, in compliance with section 169.123, the driver submits 
 36.30  to a blood, breath or urine test to determine the presence or 
 36.31  amount of alcohol, controlled substances, or hazardous 
 36.32  substances.  
 36.33     Sec. 43.  Minnesota Statutes 1996, section 169.1211, 
 36.34  subdivision 1, is amended to read: 
 36.35     Subdivision 1.  [CRIME.] It is a misdemeanor crime for any 
 36.36  person to drive, operate, or be in physical control of any 
 37.1   commercial motor vehicle within this state or upon the ice of 
 37.2   any boundary water of this state: 
 37.3      (1) when the person's alcohol concentration is 0.04 or more 
 37.4   but less than 0.20; or 
 37.5      (2) when the person's alcohol concentration as measured 
 37.6   within two hours of the time of driving, operating, or being in 
 37.7   physical control of the commercial motor vehicle is 0.04 or more 
 37.8   but less than 0.20; or 
 37.9      (3) when the person's alcohol concentration at the time, or 
 37.10  as measured within two hours of the time, of driving, operating, 
 37.11  or being in physical control of the commercial motor vehicle is 
 37.12  0.20 or more.  
 37.13     Sec. 44.  Minnesota Statutes 1996, section 169.1211, is 
 37.14  amended by adding a subdivision to read: 
 37.15     Subd. 3a.  [CRIMINAL PENALTY.] (a) A person who violates 
 37.16  subdivision 1, clause (1) or (2), or an ordinance in conformity 
 37.17  with either of them, is guilty of a misdemeanor. 
 37.18     (b) A person is guilty of a gross misdemeanor under any of 
 37.19  the following circumstances: 
 37.20     (1) the person violates subdivision 1, clause (3); 
 37.21     (2) the person violates subdivision 1, clause (1) or (2), 
 37.22  within five years of a prior impaired driving conviction or a 
 37.23  prior license revocation, or within ten years of the first of 
 37.24  two or more prior impaired driving convictions, two or more 
 37.25  prior license revocations, or a combination of a prior impaired 
 37.26  driving conviction and a prior license revocation; 
 37.27     (3) the person violates section 169.26 while in violation 
 37.28  of subdivision 1; or 
 37.29     (4) the person violates subdivision 1 while a child under 
 37.30  the age of 16 is in the vehicle, if the child is more than 36 
 37.31  months younger than the violator. 
 37.32     Sec. 45.  Minnesota Statutes 1996, section 169.1211, is 
 37.33  amended by adding a subdivision to read: 
 37.34     Subd. 5.  [DEFINITIONS.] As used in this section, the terms 
 37.35  "prior impaired driving conviction" and "prior license 
 37.36  revocation" have the meanings given them in section 169.121, 
 38.1   subdivision 3. 
 38.2      Sec. 46.  Minnesota Statutes 1996, section 169.1217, is 
 38.3   amended to read: 
 38.4      169.1217 [VEHICLE FORFEITURE FOR COMMISSION OF DESIGNATED 
 38.5   OFFENSES AND LICENSE REVOCATIONS.] 
 38.6      Subdivision 1.  [DEFINITIONS.] As used in this section, the 
 38.7   following terms have the meanings given them: 
 38.8      (a) "Appropriate agency" means a law enforcement agency 
 38.9   that has the authority to make an arrest for a violation of a 
 38.10  designated offense or to require a test under section 169.123. 
 38.11     (b) "Designated license revocation" includes a license 
 38.12  revocation under section 169.123: 
 38.13     (1) within five years of two prior impaired driving 
 38.14  convictions, two prior license revocations, or a prior impaired 
 38.15  driving conviction and a prior license revocation, based on 
 38.16  separate incidents; or 
 38.17     (2) within 15 years of the first of three or more prior 
 38.18  impaired driving convictions, three or more prior license 
 38.19  revocations, or any combination of three or more prior impaired 
 38.20  driving convictions and prior license revocations, based on 
 38.21  separate incidents. 
 38.22     (c) "Designated offense" includes: 
 38.23     (1) a violation of section 169.121, subdivision 1, clause 
 38.24  (a), (b), (c), (d), (e), (g), or (h), an ordinance in conformity 
 38.25  with it any of them, or section 169.129: 
 38.26     (1) (i) within five years of three two prior impaired 
 38.27  driving convictions or three, two prior license revocations, or 
 38.28  a prior impaired driving conviction and a prior license 
 38.29  revocation, based on separate incidents; or 
 38.30     (2) (ii) within 15 years of the first of four three or more 
 38.31  prior impaired driving convictions or the first of four, three 
 38.32  or more prior license revocations, or any combination of three 
 38.33  or more impaired driving convictions and prior license 
 38.34  revocations, based on separate incidents; 
 38.35     (2) a violation of section 169.121, subdivision 1, clause 
 38.36  (f), or a violation of section 169.121, subdivision 3, paragraph 
 39.1   (c), clause (4); 
 39.2      (i) within five years of a prior impaired driving 
 39.3   conviction or a prior license revocation; or 
 39.4      (ii) within 15 years of the first of two or more prior 
 39.5   impaired driving convictions, two or more prior license 
 39.6   revocations, or a prior impaired driving conviction and a prior 
 39.7   license revocation, based on separate incidents; or 
 39.8      (3) a violation of section 169.121, subdivision 1, or an 
 39.9   ordinance in conformity with it: 
 39.10     (i) by a person whose driver's license or driving 
 39.11  privileges have been canceled under section 171.04, subdivision 
 39.12  1, clause (8) (9); or 
 39.13     (4) (ii) by a person who is subject to a restriction on the 
 39.14  person's driver's license under section 171.09 which provides 
 39.15  that the person may not use or consume any amount of alcohol or 
 39.16  a controlled substance. 
 39.17     "Designated offense" also includes a violation of section 
 39.18  169.121, subdivision 3, paragraph (c), clause (4): 
 39.19     (1) within five years of two prior impaired driving 
 39.20  convictions or two prior license revocations based on separate 
 39.21  incidents; or 
 39.22     (2) within 15 years of the first of three or more prior 
 39.23  impaired driving convictions or the first of three or more prior 
 39.24  license revocations based on separate incidents. 
 39.25     (c) (d) "Motor vehicle" and "vehicle" have the meaning 
 39.26  given "motor vehicle" in section 169.121, subdivision 11.  The 
 39.27  terms do not include a vehicle which is stolen or taken in 
 39.28  violation of the law. 
 39.29     (d) (e) "Owner" means the registered owner of the motor 
 39.30  vehicle according to records of the department of public safety 
 39.31  and includes a lessee of a motor vehicle if the lease agreement 
 39.32  has a term of 180 days or more. 
 39.33     (e) (f) "Prior impaired driving conviction" has the meaning 
 39.34  given it in section 169.121, subdivision 3.  A prior impaired 
 39.35  driving conviction also includes a prior juvenile adjudication 
 39.36  that would have been a prior impaired driving conviction if 
 40.1   committed by an adult. 
 40.2      (f) (g) "Prior license revocation" has the meaning given it 
 40.3   in section 169.121, subdivision 3. 
 40.4      (g) (h) "Prosecuting authority" means the attorney in the 
 40.5   jurisdiction in which the designated offense occurred who is 
 40.6   responsible for prosecuting violations of a designated offense. 
 40.7      Subd. 2.  [SEIZURE.] A motor vehicle subject to forfeiture 
 40.8   under this section may be seized by the appropriate agency upon 
 40.9   process issued by any court having jurisdiction over the 
 40.10  vehicle. Property may be seized without process if: 
 40.11     (1) the seizure is incident to a lawful arrest or a lawful 
 40.12  search; 
 40.13     (2) the vehicle subject to seizure has been the subject of 
 40.14  a prior judgment in favor of the state in a criminal injunction 
 40.15  or forfeiture proceeding under this section; or 
 40.16     (3) the appropriate agency has probable cause to believe 
 40.17  that the delay occasioned by the necessity to obtain process 
 40.18  would result in the removal or destruction of the vehicle.  If 
 40.19  property is seized without process under clause (3), the 
 40.20  prosecuting authority must institute a forfeiture action under 
 40.21  this section as soon as is reasonably possible. 
 40.22     Subd. 3.  [RIGHT TO POSSESSION VESTS IMMEDIATELY; CUSTODY 
 40.23  OF SEIZED VEHICLE.] All right, title, and interest in a vehicle 
 40.24  subject to forfeiture under this section vests in the 
 40.25  appropriate agency upon commission of the conduct resulting in 
 40.26  the designated offense or designated license revocation giving 
 40.27  rise to the forfeiture.  Any vehicle seized under this section 
 40.28  is not subject to replevin, but is deemed to be in the custody 
 40.29  of the appropriate agency subject to the orders and decrees of 
 40.30  the court having jurisdiction over the forfeiture proceedings.  
 40.31  When a vehicle is so seized, the appropriate agency may: 
 40.32     (1) place the vehicle under seal; 
 40.33     (2) remove the vehicle to a place designated by it; 
 40.34     (3) place a disabling device on the vehicle; and 
 40.35     (4) take other steps reasonable and necessary to secure the 
 40.36  vehicle and prevent waste. 
 41.1      Subd. 4.  [BOND BY OWNER FOR POSSESSION.] If the owner of a 
 41.2   vehicle that has been seized under this section seeks possession 
 41.3   of the vehicle before the forfeiture action is determined, the 
 41.4   owner may, subject to the approval of the appropriate agency, 
 41.5   give security or post bond payable to the appropriate agency in 
 41.6   an amount equal to the retail value of the seized vehicle.  On 
 41.7   posting the security or bond, the seized vehicle may be returned 
 41.8   to the owner only if a disabling device is attached to the 
 41.9   vehicle.  The forfeiture action shall proceed against the 
 41.10  security as if it were the seized vehicle. 
 41.11     Subd. 5.  [EVIDENCE.] Certified copies of court records and 
 41.12  motor vehicle and driver's license records concerning prior 
 41.13  impaired driving convictions and prior license revocations are 
 41.14  admissible as substantive evidence where necessary to prove the 
 41.15  commission of a designated offense or the occurrence of a 
 41.16  designated license revocation. 
 41.17     Subd. 6.  [MOTOR VEHICLES SUBJECT TO FORFEITURE.] A motor 
 41.18  vehicle is subject to forfeiture under this section if it was 
 41.19  used in the commission of a designated offense or was used in 
 41.20  conduct resulting in a designated license revocation. 
 41.21     Subd. 7.  [LIMITATIONS ON FORFEITURE OF MOTOR VEHICLES.] 
 41.22  (a) A vehicle is subject to forfeiture under this section only 
 41.23  if: 
 41.24     (1) the driver is convicted of the designated offense upon 
 41.25  which the forfeiture is based; or 
 41.26     (2) the driver fails to appear with respect to the 
 41.27  designated offense charge in violation of section 609.49; or 
 41.28     (3) the driver's conduct results in a designated license 
 41.29  revocation and the driver either fails to seek administrative or 
 41.30  judicial review of the revocation in a timely manner as required 
 41.31  by section 169.123, subdivision 5b or 5c, or the revocation is 
 41.32  sustained under section 169.123, subdivision 5b or 6. 
 41.33     (b) A vehicle encumbered by a bona fide security interest, 
 41.34  or subject to a lease that has a term of 180 days or more, is 
 41.35  subject to the interest of the secured party or lessor unless 
 41.36  the party or lessor had knowledge of or consented to the act 
 42.1   upon which the forfeiture is based. 
 42.2      (c) Notwithstanding paragraph (b), the secured party's or 
 42.3   lessor's interest in a vehicle is not subject to forfeiture 
 42.4   based solely on the secured party's or lessor's knowledge of the 
 42.5   act or omission upon which the forfeiture is based if the 
 42.6   secured party or lessor took reasonable steps to terminate use 
 42.7   of the vehicle by the offender. 
 42.8      (d) A motor vehicle is subject to forfeiture under this 
 42.9   section only if its owner knew or should have known of the 
 42.10  unlawful use or intended use. 
 42.11     (e) A vehicle subject to a security interest, based upon a 
 42.12  loan or other financing arranged by a financial institution, is 
 42.13  subject to the interest of the financial institution.  
 42.14     Subd. 7a.  [ADMINISTRATIVE FORFEITURE PROCEDURE.] (a) A 
 42.15  motor vehicle used to commit a designated offense or used in 
 42.16  conduct resulting in a designated license revocation is subject 
 42.17  to administrative forfeiture under this subdivision. 
 42.18     (b) When a motor vehicle is seized under subdivision 2, the 
 42.19  appropriate agency shall serve the driver or operator of the 
 42.20  vehicle with a notice of the seizure and intent to forfeit the 
 42.21  vehicle.  Additionally, when a motor vehicle is seized under 
 42.22  subdivision 2, or within a reasonable time after that, all 
 42.23  persons known to have an ownership or possessory interest in the 
 42.24  vehicle must be notified of the seizure and the intent to 
 42.25  forfeit the vehicle.  Notice mailed by certified mail to the 
 42.26  address shown in department of public safety records is 
 42.27  sufficient notice to the registered owner of the vehicle.  
 42.28  Otherwise, notice may be given in the manner provided by law for 
 42.29  service of a summons in a civil action. 
 42.30     (c) The notice must be in writing and contain:  
 42.31     (1) a description of the vehicle seized; 
 42.32     (2) the date of seizure; and 
 42.33     (3) notice of the right to obtain judicial review of the 
 42.34  forfeiture and of the procedure for obtaining that judicial 
 42.35  review, printed in English, Hmong, and Spanish.  Substantially 
 42.36  the following language must appear conspicuously:  "IF YOU DO 
 43.1   NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA 
 43.2   STATUTES, SECTION 169.1217, SUBDIVISION 7a, YOU LOSE THE RIGHT 
 43.3   TO A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY 
 43.4   RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY.  YOU MAY NOT 
 43.5   HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE 
 43.6   UNABLE TO AFFORD THE FEE.  YOU DO NOT HAVE TO PAY THE FILING FEE 
 43.7   IF THE PROPERTY IS WORTH LESS THAN $500 AND YOU FILE YOUR CLAIM 
 43.8   IN CONCILIATION COURT." 
 43.9      (d) Within 30 days following service of a notice of seizure 
 43.10  and forfeiture under this subdivision, a claimant may file a 
 43.11  demand for a judicial determination of the forfeiture.  The 
 43.12  demand must be in the form of a civil complaint and must be 
 43.13  filed with the court administrator in the county in which the 
 43.14  seizure occurred, together with proof of service of a copy of 
 43.15  the complaint on the prosecuting authority having jurisdiction 
 43.16  over the forfeiture, and the standard filing fee for civil 
 43.17  actions unless the petitioner has the right to sue in forma 
 43.18  pauperis under section 563.01.  If the value of the seized 
 43.19  property is less than $500, the claimant may file an action in 
 43.20  conciliation court for recovery of the seized vehicle without 
 43.21  paying the conciliation court filing fee.  No responsive 
 43.22  pleading is required of the prosecuting authority and no court 
 43.23  fees may be charged for the prosecuting authority's appearance 
 43.24  in the matter.  Except as provided in this section, judicial 
 43.25  reviews and hearings are governed by section 169.123, 
 43.26  subdivisions 5c and 6, and shall take place at the same time as 
 43.27  any judicial review of the person's license revocation under 
 43.28  section 169.123.  The proceedings may be combined with any 
 43.29  hearing on a petition filed under section 169.123, subdivision 
 43.30  5c, and are governed by the rules of civil procedure.  
 43.31     (e) The complaint must be captioned in the name of the 
 43.32  claimant as plaintiff and the seized vehicle as defendant, and 
 43.33  must state with specificity the grounds on which the claimant 
 43.34  alleges the vehicle was improperly seized and the plaintiff's 
 43.35  interest in the vehicle seized.  Notwithstanding any law to the 
 43.36  contrary, an action for the return of a vehicle seized under 
 44.1   this section may not be maintained by or on behalf of any person 
 44.2   who has been served with a notice of seizure and forfeiture 
 44.3   unless the person has complied with this subdivision. 
 44.4      (f) If the claimant makes a timely demand for a judicial 
 44.5   determination under this subdivision, the appropriate agency 
 44.6   must conduct the forfeiture under subdivision 8. 
 44.7      (g) If a demand for judicial determination of an 
 44.8   administrative forfeiture is filed under this subdivision and 
 44.9   the court orders the return of the seized vehicle, the court 
 44.10  shall order that filing fees be reimbursed to the person who 
 44.11  filed the demand.  In addition, the court may order the payment 
 44.12  of reasonable costs, expenses, and attorney fees under section 
 44.13  549.21, subdivision 2.  
 44.14     Subd. 8.  [JUDICIAL FORFEITURE PROCEDURE.] (a) This 
 44.15  subdivision governs judicial determinations of the forfeiture of 
 44.16  a motor vehicle used to commit a designated offense is subject 
 44.17  to forfeiture under this subdivision or used in conduct 
 44.18  resulting in a designated license revocation. 
 44.19     (b) A separate complaint shall be filed against the 
 44.20  vehicle, describing it, and specifying that it was used in the 
 44.21  commission of a designated offense or was used in conduct 
 44.22  resulting in a designated license revocation, and specifying the 
 44.23  time and place of its unlawful use.  If the forfeiture was based 
 44.24  on the commission of a designated offense and the person charged 
 44.25  with a the designated offense appears in court as required and 
 44.26  is not convicted of the offense, the court shall dismiss the 
 44.27  complaint against the vehicle and order the property returned to 
 44.28  the person legally entitled to it.  If the forfeiture is based 
 44.29  on a designated license revocation, and the designated license 
 44.30  revocation is rescinded under section 169.123, subdivision 5a or 
 44.31  6, the court shall dismiss the complaint against the vehicle and 
 44.32  order the property returned to the person legally entitled to 
 44.33  it.  If the lawful ownership of the vehicle used in the 
 44.34  commission of a designated offense or used in conduct resulting 
 44.35  in a designated license revocation can be determined and it is 
 44.36  found the owner was not privy to commission of a designated 
 45.1   offense or was not privy to the conduct resulting in the 
 45.2   designated license revocation, the vehicle shall be returned 
 45.3   immediately. 
 45.4      Subd. 9.  [DISPOSITION OF FORFEITED VEHICLES.] (a) If the 
 45.5   vehicle is administratively forfeited under subdivision 7a, or 
 45.6   if the court finds under subdivision 8 that the vehicle is 
 45.7   subject to forfeiture under subdivisions 6 and 7, it shall order 
 45.8   the appropriate agency to shall: 
 45.9      (1) sell the vehicle and distribute the proceeds under 
 45.10  paragraph (b); or 
 45.11     (2) keep the vehicle for official use.  If the agency keeps 
 45.12  a forfeited motor vehicle for official use, it shall make 
 45.13  reasonable efforts to ensure that the motor vehicle is available 
 45.14  for use by the agency's officers who participate in the drug 
 45.15  abuse resistance education program. 
 45.16     (b) The proceeds from the sale of forfeited vehicles, after 
 45.17  payment of seizure, storage, forfeiture, and sale expenses, and 
 45.18  satisfaction of valid liens against the property, must be 
 45.19  forwarded to the treasury of the political subdivision that 
 45.20  employs the appropriate agency responsible for the forfeiture 
 45.21  for use in DWI-related enforcement, training and education.  If 
 45.22  the appropriate agency is an agency of state government, the net 
 45.23  proceeds must be forwarded to the state treasury and credited to 
 45.24  the general fund. 
 45.25     Sec. 47.  Minnesota Statutes 1996, section 169.123, 
 45.26  subdivision 3, is amended to read: 
 45.27     Subd. 3.  [MANNER OF MAKING TEST; ADDITIONAL TESTS.] (a) 
 45.28  Only a physician, medical technician, physician's trained mobile 
 45.29  intensive care paramedic, registered nurse, medical technologist 
 45.30  or laboratory assistant acting at the request of a peace officer 
 45.31  may withdraw blood for the purpose of determining the presence 
 45.32  of alcohol, controlled substances, or hazardous substances.  
 45.33  This limitation does not apply to the taking of a breath or 
 45.34  urine sample.  The person tested has the right to have someone 
 45.35  of the person's own choosing administer a chemical test or tests 
 45.36  in addition to any administered at the direction of a peace 
 46.1   officer; provided, that the additional test sample on behalf of 
 46.2   the person is obtained at the place where the person is in 
 46.3   custody, after the test administered at the direction of a peace 
 46.4   officer, and at no expense to the state. 
 46.5      (b) The failure or inability to obtain an additional test 
 46.6   or tests by a person shall not preclude the admission in 
 46.7   evidence of the test taken at the direction of a peace officer 
 46.8   unless the additional test was prevented or denied by the peace 
 46.9   officer. 
 46.10     (c) The physician, medical technician, physician's trained 
 46.11  mobile intensive care paramedic, medical technologist, 
 46.12  laboratory assistant or registered nurse drawing blood at the 
 46.13  request of a peace officer for the purpose of determining the 
 46.14  concentration of alcohol, controlled substances, or hazardous 
 46.15  substances shall in no manner be liable in any civil or criminal 
 46.16  action except for negligence in drawing the blood.  The person 
 46.17  administering a breath test shall be fully trained in the 
 46.18  administration of breath tests pursuant to training given by the 
 46.19  commissioner of public safety. 
 46.20     Sec. 48.  Minnesota Statutes 1996, section 169.123, 
 46.21  subdivision 4, is amended to read: 
 46.22     Subd. 4.  [REFUSAL; REVOCATION OF LICENSE.] (a) If a person 
 46.23  refuses to permit a test, none shall be given, but the peace 
 46.24  officer shall report the refusal to the commissioner of public 
 46.25  safety and the authority having responsibility for prosecution 
 46.26  of misdemeanor offenses for the jurisdiction in which the acts 
 46.27  occurred.  However, if a peace officer has probable cause to 
 46.28  believe that the person has violated section 609.21, a test may 
 46.29  be required and obtained despite the person's refusal.  A 
 46.30  refusal to submit to an alcohol concentration test does not 
 46.31  constitute a violation of section 609.50, unless the refusal was 
 46.32  accompanied by force or violence or the threat of force or 
 46.33  violence.  
 46.34     (b) If a person submits to a test and the test results 
 46.35  indicate an alcohol concentration of 0.10 or more or the 
 46.36  presence of a controlled substance listed in schedule I or II, 
 47.1   other than marijuana or tetrahydrocannabinols, or if a person 
 47.2   was driving, operating, or in physical control of a commercial 
 47.3   motor vehicle and the test results indicate an alcohol 
 47.4   concentration of 0.04 or more, the results of the test shall be 
 47.5   reported to the commissioner of public safety and to the 
 47.6   authority having responsibility for prosecution of misdemeanor 
 47.7   offenses for the jurisdiction in which the acts occurred. 
 47.8      (c) Upon certification by the peace officer that there 
 47.9   existed probable cause to believe the person had been driving, 
 47.10  operating, or in physical control of a motor vehicle in 
 47.11  violation of section 169.121 and that the person refused to 
 47.12  submit to a test, the commissioner of public safety shall revoke 
 47.13  the person's license or permit to drive, or nonresident 
 47.14  operating privilege, for a period of one year even if a test was 
 47.15  obtained pursuant to this section after the person refused to 
 47.16  submit to testing.  
 47.17     (d) Upon certification by the peace officer that there 
 47.18  existed probable cause to believe the person had been driving, 
 47.19  operating, or in physical control of a commercial motor vehicle 
 47.20  with the presence of any alcohol in violation of section 169.121 
 47.21  or 169.1211, and that the person refused to submit to a test, 
 47.22  the commissioner shall disqualify the person from operating a 
 47.23  commercial motor vehicle for a period of one year under section 
 47.24  171.165 and shall revoke the person's license or permit to drive 
 47.25  or nonresident operating privilege for a period of one year.  
 47.26     (e) Upon certification by the peace officer that there 
 47.27  existed probable cause to believe the person had been driving, 
 47.28  operating or in physical control of a motor vehicle in violation 
 47.29  of section 169.121 and that the person submitted to a test and 
 47.30  the test results indicate an alcohol concentration of 0.10 or 
 47.31  more or the presence of a controlled substance listed in 
 47.32  schedule I or II, other than marijuana or tetrahydrocannabinols, 
 47.33  the commissioner of public safety shall revoke the person's 
 47.34  license or permit to drive, or nonresident operating privilege: 
 47.35     (1) for a period of 90 days; or 
 47.36     (2) if the person is under the age of 21 years, for a 
 48.1   period of six months; or 
 48.2      (3) for a person with a prior impaired driving conviction 
 48.3   or prior license revocation within the past five years, for a 
 48.4   period of 180 days; or 
 48.5      (4) if the test results indicate an alcohol concentration 
 48.6   of 0.20 or more, for twice the applicable period in clauses (1) 
 48.7   to (3). 
 48.8      (f) On certification by the peace officer that there 
 48.9   existed probable cause to believe the person had been driving, 
 48.10  operating, or in physical control of a commercial motor vehicle 
 48.11  with any presence of alcohol and that the person submitted to a 
 48.12  test and the test results indicated an alcohol concentration of 
 48.13  0.04 or more, the commissioner of public safety shall disqualify 
 48.14  the person from operating a commercial motor vehicle under 
 48.15  section 171.165.  
 48.16     (g) If the person is a resident without a license or permit 
 48.17  to operate a motor vehicle in this state, the commissioner of 
 48.18  public safety shall deny to the person the issuance of a license 
 48.19  or permit for the same period after the date of the alleged 
 48.20  violation as provided herein for revocation, subject to review 
 48.21  as hereinafter provided. 
 48.22     (h) As used in this subdivision, the terms "prior impaired 
 48.23  driving conviction" and "prior license revocation" have the 
 48.24  meanings given in section 169.121, subdivision 3, paragraph (a). 
 48.25     Sec. 49.  Minnesota Statutes 1996, section 169.123, 
 48.26  subdivision 5c, is amended to read: 
 48.27     Subd. 5c.  [PETITION FOR JUDICIAL REVIEW.] (a) Within 30 
 48.28  days following receipt of a notice and order of revocation or 
 48.29  disqualification pursuant to this section, a person may petition 
 48.30  the court for review.  The petition shall be filed with the 
 48.31  district court administrator in the county where the alleged 
 48.32  offense occurred, together with proof of service of a copy on 
 48.33  the commissioner of public safety, and accompanied by the 
 48.34  standard filing fee for civil actions.  No responsive pleading 
 48.35  shall be required of the commissioner of public safety, and no 
 48.36  court fees shall be charged for the appearance of the 
 49.1   commissioner of public safety in the matter.  
 49.2      (b) The petition shall must: 
 49.3      (1) be captioned in the full name of the person making the 
 49.4   petition as petitioner and the commissioner of public safety as 
 49.5   respondent.  The petition must; 
 49.6      (2) include the petitioner's date of birth, driver's 
 49.7   license number, and date of the offense.  The petition shall; 
 49.8   and 
 49.9      (3) state with specificity the grounds upon which the 
 49.10  petitioner seeks rescission of the order of revocation, 
 49.11  disqualification, or denial and state the facts underlying each 
 49.12  claim asserted. 
 49.13     (c) The filing of the petition shall not stay the 
 49.14  revocation, disqualification, or denial.  The reviewing court 
 49.15  may order a stay of the balance of the revocation or 
 49.16  disqualification if the hearing has not been conducted within 60 
 49.17  days after filing of the petition upon terms the court deems 
 49.18  proper. 
 49.19     (d) Judicial reviews shall be conducted according to the 
 49.20  rules of civil procedure except that prehearing discovery is 
 49.21  mandatory and limited to: 
 49.22     (1) the notice of revocation; 
 49.23     (2) the test record, or in the case of blood or urine 
 49.24  tests, the certificate of analysis; 
 49.25     (3) the peace officer's certificate and any accompanying 
 49.26  documentation submitted by the arresting officer to the 
 49.27  commissioner of public safety; and 
 49.28     (4) disclosure of potential witnesses, including experts, 
 49.29  and the basis of their testimony. 
 49.30  Other types of discovery are not available. 
 49.31     Sec. 50.  Minnesota Statutes 1996, section 169.126, 
 49.32  subdivision 1, is amended to read: 
 49.33     Subdivision 1.  [REQUIREMENT; FORM.] A chemical use 
 49.34  assessment shall be conducted and an assessment report submitted 
 49.35  to the court and to the department of public safety by the 
 49.36  county agency administering the alcohol safety program when: 
 50.1      (a) The defendant is convicted of an offense described in 
 50.2   section 84.91, 86B.331, 169.121 or, 169.1211, 169.129, or 
 50.3   360.0752; or 
 50.4      (b) The defendant is arrested for committing an offense 
 50.5   described in section 169.121 or 169.129 but is convicted of 
 50.6   another offense arising out of the circumstances surrounding the 
 50.7   arrest.  
 50.8      Sec. 51.  Minnesota Statutes 1996, section 169.1261, is 
 50.9   amended to read: 
 50.10     169.1261 [REINSTATEMENT OF DRIVING PRIVILEGES; NOTICE.] 
 50.11     Upon expiration of a period of revocation under section 
 50.12  169.121 or 169.123, the commissioner of public safety shall 
 50.13  notify the person of the terms upon which driving privileges can 
 50.14  be reinstated, and new registration plates issued, which terms 
 50.15  are:  (1) successful completion of a driving test an examination 
 50.16  and proof of compliance with any terms of alcohol treatment or 
 50.17  counseling previously prescribed, if any; and (2) any other 
 50.18  requirements imposed by the commissioner and applicable to that 
 50.19  particular case.  The commissioner shall notify the owner of a 
 50.20  motor vehicle subject to an impoundment order under section 
 50.21  168.041 as a result of the violation of the procedures for 
 50.22  obtaining new registration plates, if the owner is not the 
 50.23  violator.  The commissioner shall also notify the person that if 
 50.24  driving is resumed without reinstatement of driving privileges 
 50.25  or without valid registration plates and registration 
 50.26  certificate, the person will be subject to criminal penalties. 
 50.27     Sec. 52.  Minnesota Statutes 1996, section 171.19, is 
 50.28  amended to read: 
 50.29     171.19 [PETITION FOR LICENSE REINSTATEMENT.] 
 50.30     Any person whose driver's license has been refused, 
 50.31  revoked, suspended, or canceled, or disqualified by the 
 50.32  commissioner, except where the license is revoked or 
 50.33  disqualified under section 169.123, may file a petition for a 
 50.34  hearing in the matter in the district court in the county 
 50.35  wherein such person shall reside and, in the case of a 
 50.36  nonresident, in the district court in any county, and such court 
 51.1   is hereby vested with jurisdiction, and it shall be its duty, to 
 51.2   set the matter for hearing upon 15 days' written notice to the 
 51.3   commissioner, and thereupon to take testimony and examine into 
 51.4   the facts of the case to determine whether the petitioner is 
 51.5   entitled to a license or is subject to revocation, suspension, 
 51.6   cancellation, disqualification, or refusal of license, and shall 
 51.7   render judgment accordingly.  The petition shall be heard by the 
 51.8   court without a jury and may be heard in or out of term.  The 
 51.9   commissioner may appear in person, or by agents or 
 51.10  representatives, and may present evidence upon the hearing by 
 51.11  affidavit personally, by agents, or by representatives.  The 
 51.12  petitioner may present evidence by affidavit, except that the 
 51.13  petitioner must be present in person at such hearing for the 
 51.14  purpose of cross-examination.  In the event the department shall 
 51.15  be sustained in these proceedings, the petitioner shall have no 
 51.16  further right to make further petition to any court for the 
 51.17  purpose of obtaining a driver's license until after the 
 51.18  expiration of one year after the date of such hearing. 
 51.19     Sec. 53.  Minnesota Statutes 1996, section 171.30, is 
 51.20  amended by adding a subdivision to read: 
 51.21     Subd. 2c.  [EXTENDED WAITING PERIOD.] If a person's license 
 51.22  or privilege has been revoked or suspended for a violation of 
 51.23  section 169.121, 169.123, or a statute or ordinance from another 
 51.24  state in conformity with either of those sections, and the 
 51.25  person's alcohol concentration was 0.20 or greater at the time 
 51.26  of the violation, a limited license may not be issued for a 
 51.27  period of time equal to twice the time period specified in 
 51.28  subdivision 2a or 2b. 
 51.29     Sec. 54.  Minnesota Statutes 1996, section 364.09, is 
 51.30  amended to read: 
 51.31     364.09 [EXCEPTIONS.] 
 51.32     (a) This chapter does not apply to the licensing process 
 51.33  for peace officers; to law enforcement agencies as defined in 
 51.34  section 626.84, subdivision 1, paragraph (h); to fire protection 
 51.35  agencies; to eligibility for a private detective or protective 
 51.36  agent license; to eligibility for a family day care license, a 
 52.1   family foster care license, or a home care provider license; to 
 52.2   eligibility for school bus driver endorsements; or to 
 52.3   eligibility for special transportation service endorsements; or 
 52.4   to eligibility for a commercial driver training instructor 
 52.5   license, which is governed by section 171.35 and rules adopted 
 52.6   under that section.  This chapter also shall not apply to 
 52.7   eligibility for juvenile corrections employment, where the 
 52.8   offense involved child physical or sexual abuse or criminal 
 52.9   sexual conduct.  
 52.10     (b) This chapter does not apply to a school district or to 
 52.11  eligibility for a license issued or renewed by the board of 
 52.12  teaching or the state board of education.  
 52.13     (c) Nothing in this section precludes the Minnesota police 
 52.14  and peace officers training board or the state fire marshal from 
 52.15  recommending policies set forth in this chapter to the attorney 
 52.16  general for adoption in the attorney general's discretion to 
 52.17  apply to law enforcement or fire protection agencies. 
 52.18     (d) This chapter does not apply to a license to practice 
 52.19  medicine that has been denied or revoked by the board of medical 
 52.20  practice pursuant to section 147.091, subdivision 1a. 
 52.21     Sec. 55.  Minnesota Statutes 1996, section 609.135, 
 52.22  subdivision 2, is amended to read: 
 52.23     Subd. 2.  [STAY OF SENTENCE MAXIMUM PERIODS.] (a) If the 
 52.24  conviction is for a felony the stay shall be for not more than 
 52.25  four years or the maximum period for which the sentence of 
 52.26  imprisonment might have been imposed, whichever is longer. 
 52.27     (b) If the conviction is for a gross misdemeanor violation 
 52.28  of section 169.121 or 169.129, the stay shall be for not more 
 52.29  than four six years.  The court shall provide for unsupervised 
 52.30  probation for the last one year of the stay unless the court 
 52.31  finds that the defendant needs supervised probation for all or 
 52.32  part of the last one year. 
 52.33     (c) If the conviction is for a gross misdemeanor not 
 52.34  specified in paragraph (b), the stay shall be for not more than 
 52.35  two years. 
 52.36     (d) If the conviction is for any misdemeanor under section 
 53.1   169.121; 609.746, subdivision 1; 609.79; or 617.23; or for a 
 53.2   misdemeanor under section 609.2242 or 609.224, subdivision 1, in 
 53.3   which the victim of the crime was a family or household member 
 53.4   as defined in section 518B.01, the stay shall be for not more 
 53.5   than two years.  The court shall provide for unsupervised 
 53.6   probation for the second year of the stay unless the court finds 
 53.7   that the defendant needs supervised probation for all or part of 
 53.8   the second year. 
 53.9      (e) If the conviction is for a misdemeanor not specified in 
 53.10  paragraph (d), the stay shall be for not more than one year.  
 53.11     (f) The defendant shall be discharged six months after the 
 53.12  term of the stay expires, unless the stay has been revoked or 
 53.13  extended under paragraph (g), or the defendant has already been 
 53.14  discharged. 
 53.15     (g) Notwithstanding the maximum periods specified for stays 
 53.16  of sentences under paragraphs (a) to (f), a court may extend a 
 53.17  defendant's term of probation for up to one year if it finds, at 
 53.18  a hearing conducted under subdivision 1a, that: 
 53.19     (1) the defendant has not paid court-ordered restitution or 
 53.20  a fine in accordance with the payment schedule or structure; and 
 53.21     (2) the defendant is likely to not pay the restitution or 
 53.22  fine the defendant owes before the term of probation expires.  
 53.23  This one-year extension of probation for failure to pay 
 53.24  restitution or a fine may be extended by the court for up to one 
 53.25  additional year if the court finds, at another hearing conducted 
 53.26  under subdivision 1a, that the defendant still has not paid the 
 53.27  court-ordered restitution or fine that the defendant owes. 
 53.28     Sec. 56.  Minnesota Statutes 1996, section 626.52, is 
 53.29  amended to read: 
 53.30     626.52 [REPORTING OF SUSPICIOUS WOUNDS AND ALCOHOL- OR 
 53.31  CONTROLLED SUBSTANCE-RELATED ACCIDENTS BY HEALTH PROFESSIONALS.] 
 53.32     Subdivision 1.  [DEFINITION.] As used in this section, 
 53.33  "health professional" means a physician, surgeon, person 
 53.34  authorized to engage in the practice of healing, superintendent 
 53.35  or manager of a hospital, nurse, or pharmacist. 
 53.36     Subd. 2.  [HEALTH PROFESSIONALS REQUIRED TO REPORT.] (a) A 
 54.1   health professional shall immediately report, as provided under 
 54.2   section 626.53, to the local police department or county sheriff 
 54.3   all bullet wounds, gunshot wounds, powder burns, or any other 
 54.4   injury arising from, or caused by the discharge of any gun, 
 54.5   pistol, or any other firearm, which wound the health 
 54.6   professional is called upon to treat, dress, or bandage.  
 54.7      (b) A health professional shall report to the proper police 
 54.8   authorities any wound that the reporter has reasonable cause to 
 54.9   believe has been inflicted on a perpetrator of a crime by a 
 54.10  dangerous weapon other than a firearm as defined under section 
 54.11  609.02, subdivision 6. 
 54.12     (c) A health professional shall immediately report to the 
 54.13  local police department or county sheriff, as provided under 
 54.14  section 626.53, instances in which the professional treats a 
 54.15  person for an injury resulting from a motor vehicle accident 
 54.16  where the professional knows or has reason to know that the 
 54.17  person has ingested alcohol or a controlled substance. 
 54.18     Subd. 3.  [REPORTING BURNS.] A health professional shall 
 54.19  file a written report with the state fire marshal within 72 
 54.20  hours after being notified of a burn injury or wound that the 
 54.21  professional is called upon to treat, dress, or bandage, if the 
 54.22  victim has sustained second- or third-degree burns to five 
 54.23  percent or more of the body, the victim has sustained burns to 
 54.24  the upper respiratory tract or sustained laryngeal edema from 
 54.25  inhaling superheated air, or the victim has sustained a burn 
 54.26  injury or wound that may result in the victim's death.  The 
 54.27  state fire marshal shall provide the form for the report.  
 54.28     Sec. 57.  Minnesota Statutes 1996, section 626.53, 
 54.29  subdivision 1, is amended to read: 
 54.30     Subdivision 1.  [REPORTS TO SHERIFFS AND POLICE CHIEFS.] 
 54.31  The report required by section 626.52, subdivision 2, shall be 
 54.32  made forthwith as soon as possible by telephone or in person, 
 54.33  and shall be promptly supplemented by letter, enclosed in a 
 54.34  securely sealed, postpaid envelope, addressed to the sheriff of 
 54.35  the county in which the patient is treated for the injury or the 
 54.36  wound is examined, dressed, or otherwise treated; except that.  
 55.1   However, if the place in which the patient is treated for such 
 55.2   the injury or the patient's wound is dressed or bandaged be is 
 55.3   in a city of the first, second, or third class, such the report 
 55.4   shall be made and transmitted as herein provided to the chief of 
 55.5   police of such the city instead of the sheriff.  Except as 
 55.6   otherwise provided in subdivision 2, the office of any such the 
 55.7   sheriff and of any such the chief of police shall keep the 
 55.8   report as a confidential communication and shall may not 
 55.9   disclose the name of the person making the same who made it, and 
 55.10  the party making the report shall may not by reason thereof be 
 55.11  subpoenaed, examined, or forced to testify in court as a 
 55.12  consequence of having made such a the report.  
 55.13     Sec. 58.  Minnesota Statutes 1996, section 634.15, 
 55.14  subdivision 2, is amended to read: 
 55.15     Subd. 2.  [TESTIMONY AT TRIAL.] Except in civil 
 55.16  proceedings, including proceedings under section 169.123, an 
 55.17  accused person or the accused person's attorney may request, by 
 55.18  notifying the prosecuting attorney at least ten days before the 
 55.19  trial, that the following persons testify in person at the trial 
 55.20  on behalf of the state:  
 55.21     (a) A person who performed the laboratory analysis or 
 55.22  examination for the report described in subdivision 1, clause 
 55.23  (a); or 
 55.24     (b) A person who prepared the blood sample report described 
 55.25  in subdivision 1, clause (b). 
 55.26     Sec. 59.  [REPEALER.] 
 55.27     Minnesota Statutes 1996, section 86B.335, subdivisions 11 
 55.28  and 12, are repealed. 
 55.29     Sec. 60.  [EFFECTIVE DATE.] 
 55.30     Sections 51, 52, and 54 are effective the day following 
 55.31  final enactment.  Sections 1 to 50, 53, and 55 to 59 are 
 55.32  effective August 1, 1997, and apply to violations occurring on 
 55.33  or after that date.  However, violations occurring before August 
 55.34  1, 1997, which are listed in Minnesota Statutes, section 
 55.35  169.121, subdivision 1, paragraph (a), are considered prior 
 55.36  impaired driving convictions or prior license revocations for 
 56.1   purposes of determining criminal penalties, sentencing, and 
 56.2   administrative licensing sanctions imposed for conviction for a 
 56.3   person of a violation occurring on and after August 1, 1997.