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HF 2364

as introduced - 90th Legislature (2017 - 2018) Posted on 03/13/2017 01:49pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/13/2017

Current Version - as introduced

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A bill for an act
relating to public safety; requiring a warrant to obtain blood or urine samples;
providing for license revocation; establishing guidelines for license revocation
hearings; amending Minnesota Statutes 2016, sections 169A.03, subdivision 21;
169A.20, subdivision 2; 169A.51, subdivisions 2, 4; proposing coding for new
law in Minnesota Statutes, chapter 171; repealing Minnesota Statutes 2016, section
169A.51, subdivision 3.

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

Section 1.

Minnesota Statutes 2016, section 169A.03, subdivision 21, is amended to read:


Subd. 21.

Prior impaired driving-related loss of license.

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

(1) section 169A.31 (alcohol-related school bus or Head Start bus driving); 169A.50 to
169A.53 (implied consent law); 169A.54 (impaired driving convictions and adjudications;
administrative penalties); 171.04 (persons not eligible for drivers' licenses); 171.14
(cancellation); 171.16 (court may recommend suspension); 171.165 (commercial driver's
license, disqualification); 171.17 (revocation); new text begin171.177 (revocation; pursuant to search
warrant);
new text endor 171.18 (suspension); because of an alcohol-related incident;

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

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

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

(5) section 609.2112, subdivision 1, clauses (2) to (6); 609.2113, subdivision 1, clauses
(2) to (6), subdivision 2, clauses (2) to (6), or subdivision 3, clauses (2) to (6); or 609.2114,
subdivision 1
, clauses (2) to (6), or subdivision 2, clauses (2) to (6); or

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

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

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

Sec. 2.

Minnesota Statutes 2016, section 169A.20, subdivision 2, is amended to read:


Subd. 2.

Refusal to submit to chemical test crime.

It is a crime for any person to refuse
to submit to a chemical testnew text begin:
new text end

new text begin (1)new text end of the person's deleted text beginblood,deleted text end breathdeleted text begin, or urinedeleted text end under section 169A.51 (chemical tests for
intoxication), or 169A.52 (test refusal or failure; revocation of license)new text begin; or
new text end

new text begin (2) of the person's blood or urine as required by a search warrant under sections 626.04
to 626.18
new text end.

Sec. 3.

Minnesota Statutes 2016, section 169A.51, subdivision 2, is amended to read:


Subd. 2.

deleted text beginImplied consentdeleted text endnew text begin Breath testnew text end advisory.

deleted text begin(a) Subject to paragraph (b),deleted text end At the
time a new text beginbreath new text endtest is requested, the person must be informed:

(1) that Minnesota law requires the person to take a test:

(i) to determine if the person is under the influence of alcoholdeleted text begin, controlled substances, or
hazardous substances
deleted text end;new text begin and
new text end

(ii) deleted text beginto determine the presence of a controlled substance listed in Schedule I or II or
metabolite, other than marijuana or tetrahydrocannabinols; and
deleted text end

deleted text begin (iii)deleted text end if the motor vehicle was a commercial motor vehicle, to determine the presence of
alcohol;

(2) that refusal to deleted text begintakedeleted text endnew text begin submit tonew text end a new text beginbreath new text endtest is a crime;new text begin and
new text end

(3) deleted text beginif the peace officer has probable cause to believe the person has violated the criminal
vehicular homicide and injury laws, that a test will be taken with or without the person's
consent; and
deleted text end

deleted text begin (4)deleted text end that the person has the right to consult with an attorney, but that this right is limited
to the extent that it cannot unreasonably delay administration of the test.

deleted text begin (b) A peace officer who is not pursuing an implied consent revocation is not required
to give the advisory described in paragraph (a) to a person whom the officer has probable
cause to believe has violated section 609.2112, subdivision 1, clause (2), (3), (4), (5), or
(6); 609.2113, subdivision 1, clause (2), (3), (4), (5), or (6); or 609.2114, subdivision 1,
clause (2), (3), (4), (5), or (6); or Minnesota Statutes 2012, 609.21, subdivision 1, clause
(2), (3), (4), (5), or (6) (criminal vehicular operation DWI-related provisions).
deleted text end

Sec. 4.

Minnesota Statutes 2016, section 169A.51, subdivision 4, is amended to read:


Subd. 4.

Requirement of urine or blood test.

deleted text beginNotwithstanding subdivision 3,deleted text end A blood
or urine test may be required new text beginpursuant to a search warrant under sections 626.04 to 626.18
new text end even after a breath test has been administered if there is probable cause to believe that:

(1) there is impairment by a controlled substance or a hazardous substance that is not
subject to testing by a breath test; deleted text beginor
deleted text end

(2) a controlled substance listed in Schedule I or II or its metabolite, other than marijuana
or tetrahydrocannabinols, is present in the person's bodydeleted text begin.deleted text endnew text begin; or
new text end

new text begin (3) the person is unconscious or incapacitated to the point that the peace officer providing
a breath test advisory, administering a breath test, or serving the search warrant has a
good-faith belief that the person is mentally or physically unable to comprehend the breath
test advisory or otherwise voluntarily submit to chemical tests.
new text end

deleted text begin Action may be taken against a person who refuses to take a blood test under this
subdivision only if a urine test was offered and action may be taken against a person who
refuses to take a urine test only if a blood test was offered.
deleted text end

Sec. 5.

new text begin [171.177] REVOCATION; PURSUANT TO SEARCH WARRANT.
new text end

new text begin Subdivision 1. new text end

new text begin License revocation pursuant to search warrant. new text end

new text begin After executing a
search warrant under sections 626.04 to 626.18 for the collection of a blood or urine sample
based upon probable cause of a violation of chapter 169A, the peace officer acting under
sections 626.13 to 626.17 shall certify to the commissioner of public safety:
new text end

new text begin (1) when a person refuses to comply with the execution of the search warrant; or
new text end

new text begin (2) if a person submits to the test and the test results indicate:
new text end

new text begin (i) an alcohol concentration of 0.08 or more;
new text end

new text begin (ii) an alcohol concentration of 0.04 or more, if the person was driving, operating, or in
physical control of a commercial motor vehicle at the time of the violation; or
new text end

new text begin (iii) the presence of a controlled substance listed in Schedule I or II or its metabolite,
other than marijuana or tetrahydrocannabinols.
new text end

new text begin Subd. 2. new text end

new text begin Test refusal; license revocation. new text end

new text begin (a) Upon certification under subdivision 1
that there existed probable cause to believe the person had been driving, operating, or in
physical control of a motor vehicle in violation of section 169A.20 (driving while impaired),
and that the person refused to comply with the execution of the search warrant under sections
626.04 to 626.18, the commissioner shall revoke the person's license or permit to drive or
nonresident operating privilege. The commissioner shall revoke the license, permit, or
nonresident operating privilege:
new text end

new text begin (1) for a person with no qualified prior impaired driving incidents within the past ten
years, for a period of not less than one year;
new text end

new text begin (2) for a person under the age of 21 years and with no qualified prior impaired driving
incidents within the past ten years, for a period of not less than one year;
new text end

new text begin (3) for a person with one qualified prior impaired driving incident within the past ten
years or two qualified prior impaired driving incidents, for a period of not less than two
years;
new text end

new text begin (4) for a person with two qualified prior impaired driving incidents within the past ten
years or three qualified prior impaired driving incidents, for a period of not less than three
years;
new text end

new text begin (5) for a person with three qualified prior impaired driving incidents within the past ten
years, for a period of not less than four years; or
new text end

new text begin (6) for a person with four or more qualified prior impaired driving incidents, for a period
of not less than six years.
new text end

new text begin (b) When a person refuses to comply with the search warrant and permit testing, the
commissioner shall disqualify the person from operating a commercial motor vehicle and
shall revoke the person's license or permit to drive or nonresident operating privilege
according to the federal regulations adopted by reference in section 171.165, subdivision
2.
new text end

new text begin Subd. 3. new text end

new text begin Test failure; license revocation. new text end

new text begin (a) Upon certification under subdivision 1,
pursuant to a search warrant under sections 626.04 to 626.18, that there existed probable
cause to believe the person had been driving, operating, or in physical control of a motor
vehicle in violation of section 169A.20 (driving while impaired), and that the person
submitted to a test and the test results indicate an alcohol concentration of 0.08 or more or
the presence of a controlled substance listed in Schedule I or II or its metabolite, other than
marijuana or tetrahydrocannabinols, the commissioner shall revoke the person's license or
permit to drive or nonresident operating privilege:
new text end

new text begin (1) for a period of 90 days, or, if the test results indicate an alcohol concentration of
twice the legal limit or more, not less than one year;
new text end

new text begin (2) if the person is under the age of 21 years, for a period of not less than 180 days or,
if the test results indicate an alcohol concentration of twice the legal limit or more, not less
than one year;
new text end

new text begin (3) for a person with one qualified prior impaired driving incident within the past ten
years or two qualified prior impaired driving incidents, for a period of not less than one
year, or if the test results indicate an alcohol concentration of twice the legal limit or more,
not less than two years;
new text end

new text begin (4) for a person with two qualified prior impaired driving incidents within the past ten
years or three qualified prior impaired driving incidents, for a period of not less than three
years;
new text end

new text begin (5) for a person with three qualified prior impaired driving incidents within the past ten
years, for a period of not less than four years; or
new text end

new text begin (6) for a person with four or more qualified prior impaired driving incidents, for a period
of not less than six years.
new text end

new text begin (b) On certification by the peace officer that there existed probable cause to believe the
person had been driving, operating, or in physical control of a commercial motor vehicle
with any presence of alcohol and that the person submitted to a test and the test results
indicated an alcohol concentration of 0.04 or more, the commissioner shall disqualify the
person from operating a commercial motor vehicle under section 171.165 (commercial
driver's license disqualification).
new text end

new text begin (c) If the test is of a person's blood or urine by a laboratory operated by the Bureau of
Criminal Apprehension or authorized by the bureau to conduct the analysis of a blood or
urine sample, the laboratory may directly certify to the commissioner the test results, and
the peace officer shall certify to the commissioner that there existed probable cause to
believe the person had been driving, operating, or in physical control of a motor vehicle in
violation of section 169A.20 (driving while impaired), and that the person submitted to a
test. Upon receipt of both certifications, the commissioner shall undertake the license actions
described in paragraphs (a) and (b).
new text end

new text begin Subd. 4. new text end

new text begin Unlicensed drivers; license issuance denial. new text end

new text begin If the person is a resident without
a license or permit to operate a motor vehicle in this state, the commissioner shall deny to
the person the issuance of a license or permit after the date of the alleged violation for the
same period as provided in this section for revocation, subject to review as provided in
subdivisions 8 and 9.
new text end

new text begin Subd. 5. new text end

new text begin Notice of revocation or disqualification; review. new text end

new text begin A revocation under this
section, or a disqualification under section 171.165 (commercial driver's license
disqualification), becomes effective at the time the commissioner or a peace officer acting
on behalf of the commissioner notifies the person of the intention to revoke, disqualify, or
both, and of revocation or disqualification. The notice must advise the person of the right
to obtain administrative and judicial review as provided in subdivisions 8 and 9. If mailed,
the notice and order of revocation or disqualification is deemed received three days after
mailing to the last known address of the person.
new text end

new text begin Subd. 6. new text end

new text begin Test refusal; driving privilege lost. new text end

new text begin (a) On behalf of the commissioner, a peace
officer requiring a test or directing the administration of a chemical test pursuant to a search
warrant under sections 626.04 to 626.18 shall serve immediate notice of intention to revoke
and of revocation on a person who refuses to permit a test or on a person who submits to a
test the results of which indicate an alcohol concentration of 0.08 or more.
new text end

new text begin (b) On behalf of the commissioner, a peace officer requiring a test or directing the
administration of a chemical test of a person driving, operating, or in physical control of a
commercial motor vehicle pursuant to a search warrant under sections 626.04 to 626.18
shall serve immediate notice of intention to disqualify and of disqualification on a person
who refuses to permit a test or on a person who submits to a test the results of which indicate
an alcohol concentration of 0.04 or more.
new text end

new text begin (c) The officer shall:
new text end

new text begin (1) invalidate the person's driver's license or permit card by clipping the upper corner
of the card in such a way that no identifying information including the photo is destroyed,
and immediately return the card to the person;
new text end

new text begin (2) issue the person a temporary license effective for only seven days; and
new text end

new text begin (3) send the notification of this action to the commissioner along with the certificate
required by subdivision 3 or 4.
new text end

new text begin Subd. 7. new text end

new text begin Notice of action to other states. new text end

new text begin When a nonresident's privilege to operate a
motor vehicle in this state has been revoked or denied, the commissioner shall give
information in writing of the action taken to the official in charge of traffic control or public
safety of the state of the person's residence and of any state in which the person has a license.
new text end

new text begin Subd. 8. new text end

new text begin Administrative review. new text end

new text begin (a) At any time during a period of revocation imposed
under this section, or a period of disqualification imposed under section 171.165 (commercial
driver's license disqualification), a person may request in writing a review of the order of
revocation or disqualification by the commissioner, unless the person is entitled to review
under section 171.166 (review of disqualification). Upon receiving a request, the
commissioner or the commissioner's designee shall review the order, the evidence upon
which the order was based, and any other material information brought to the attention of
the commissioner and determine whether sufficient cause exists to sustain the order. Within
15 days of receiving the request, the commissioner shall report in writing the results of the
review. The review provided in this subdivision is not subject to the contested case provisions
of the Administrative Procedure Act in sections 14.001 to 14.69.
new text end

new text begin (b) The availability of administrative review for an order of revocation or disqualification
has no effect upon the availability of judicial review under this section.
new text end

new text begin (c) Review under this subdivision must take place, if possible, at the same time as any
administrative review of the person's impoundment order under section 169A.60, subdivision
9.
new text end

new text begin Subd. 9. new text end

new text begin Petition for judicial review. new text end

new text begin (a) Within 60 days following receipt of a notice
and order of revocation pursuant to this section, a person may petition the court for review.
The petition must be filed with the district court administrator in the county where the
alleged offense occurred, together with proof of service of a copy on the commissioner, and
accompanied by the standard filing fee for civil actions. Responsive pleading is not required
of the commissioner, and court fees must not be charged for the appearance of the
commissioner in the matter.
new text end

new text begin (b) The petition must:
new text end

new text begin (1) be captioned in the full name of the person making the petition as petitioner and the
commissioner as respondent;
new text end

new text begin (2) include the petitioner's date of birth, driver's license number, and date of the offense;
and
new text end

new text begin (3) state with specificity the grounds upon which the petitioner seeks rescission of the
order of revocation, disqualification, or denial.
new text end

new text begin (c) The filing of the petition does not stay the revocation, disqualification, or denial. The
reviewing court may order a stay of the balance of the revocation or disqualification if the
hearing has not been conducted within 60 days after filing the petition upon terms the court
deems proper.
new text end

new text begin (d) Judicial reviews must be conducted according to the Rules of Civil Procedure, except
that prehearing discovery is mandatory and is limited to:
new text end

new text begin (1) the notice of revocation;
new text end

new text begin (2) the test record or, in the case of blood or urine tests, the certificate of analysis;
new text end

new text begin (3) the peace officer's certificate and any accompanying documentation submitted by
the arresting officer to the commissioner; and
new text end

new text begin (4) disclosure of potential witnesses, including experts, and the basis of their testimony.
new text end

new text begin Other types of discovery are available only upon order of the court.
new text end

new text begin Subd. 10. new text end

new text begin Judicial hearing; issues, order, appeal. new text end

new text begin (a) A judicial review hearing under
this section must be before a district judge in any county in the judicial district where the
alleged offense occurred. The hearing is to the court and may be conducted at the same time
and in the same manner as hearings upon pretrial motions in the criminal prosecution under
section 169A.20 (driving while impaired), if any. The hearing must be recorded. The
commissioner shall appear and be represented by the attorney general or through the
prosecuting authority for the jurisdiction involved. The hearing must be held at the earliest
practicable date, and in any event no later than 60 days following the filing of the petition
for review. The judicial district administrator shall establish procedures to ensure efficient
compliance with this subdivision. To accomplish this, the administrator may, whenever
possible, consolidate and transfer review hearings among the locations within the judicial
district where terms of district court are held.
new text end

new text begin (b) The scope of the hearing is limited to the issues in clauses (1) to (10):
new text end

new text begin (1) Did the peace officer have probable cause to believe the person was driving, operating,
or in physical control of a motor vehicle or commercial motor vehicle in violation of section
169A.20 (driving while impaired)?
new text end

new text begin (2) Was the person lawfully placed under arrest for violation of section 169A.20?
new text end

new text begin (3) Was the person involved in a motor vehicle accident or collision resulting in property
damage, personal injury, or death?
new text end

new text begin (4) Did a licensed peace officer apply for a search warrant in accordance with the
requirements set forth in sections 626.04 to 626.18?
new text end

new text begin (5) Did a neutral magistrate review the application for a search warrant and determine
there was probable cause to believe that the person was driving, operating, or in physical
control of a motor vehicle or commercial motor vehicle in violation of section 169A.20
(driving while impaired)?
new text end

new text begin (6) Did the person refuse to permit the test?
new text end

new text begin (7) If a test was taken by a person driving, operating, or in physical control of a motor
vehicle, did the test results indicate at the time of testing:
new text end

new text begin (i) an alcohol concentration of 0.08 or more; or
new text end

new text begin (ii) the presence of a controlled substance listed in Schedule I or II or its metabolite,
other than marijuana or tetrahydrocannabinols?
new text end

new text begin (8) If a test was taken by a person driving, operating, or in physical control of a
commercial motor vehicle, did the test results indicate an alcohol concentration of 0.04 or
more at the time of testing?
new text end

new text begin (9) Was the testing method used valid and reliable and were the test results accurately
evaluated?
new text end

new text begin (10) Did the person prove the defense of necessity?
new text end

new text begin (c) Certified or otherwise authenticated copies of laboratory or medical personnel reports,
records, documents, licenses, and certificates are admissible as substantive evidence.
new text end

new text begin (d) The court shall order that the revocation or disqualification be either rescinded or
sustained and forward the order to the commissioner. The court shall file its order within
14 days following the hearing. If the revocation or disqualification is sustained, the court
shall also forward the person's driver's license or permit to the commissioner for further
action by the commissioner if the license or permit is not already in the commissioner's
possession.
new text end

new text begin (e) Any party aggrieved by the decision of the reviewing court may appeal the decision
as provided in the Rules of Appellate Procedure.
new text end

new text begin (f) The civil hearing under this section shall not give rise to an estoppel on any issues
arising from the same set of circumstances in any criminal prosecution.
new text end

new text begin (g) It is an affirmative defense for the petitioner to prove a necessity.
new text end

Sec. 6. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, section 169A.51, subdivision 3, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 17-4106

169A.51 CHEMICAL TESTS FOR INTOXICATION.

Subd. 3.

Type of test.

The peace officer who requires a test pursuant to this section may direct whether the test is of blood, breath, or urine. Action may be taken against a person who refuses to take a blood test only if an alternative test was offered and action may be taken against a person who refuses to take a urine test only if an alternative test was offered.