SF 26

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:10am

A bill for an act
relating to public safety; clarifying law on failure to exercise due care; providing
for enhanced criminal penalties for certain traffic violations that result in
personal injury or property damage; requiring commissioner of public safety to
include information on failure to exercise due care in driver's manual; requiring
distribution of traffic law summary to peace officers; amending Minnesota
Statutes 2008, sections 169.89, by adding a subdivision; 171.13, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapter 169.

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

Section 1.

new text begin [169.135] FAILURE TO EXERCISE REASONABLE CARE.
new text end

new text begin Subdivision 1. new text end

new text begin Violation. new text end

new text begin No person may operate or halt a motor vehicle upon a
street or highway without exercising reasonable care for the rights of others or the safety
of persons or property.
new text end

new text begin Subd. 2. new text end

new text begin Driver education curriculum. new text end

new text begin The class D driver education curriculum
must include instruction on a driver's duty to comply with subdivision 1 and on the
penalties for violation of subdivision 1, including possible enhancement to a misdemeanor,
gross misdemeanor, or felony under section 169.89.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to
conduct that occurs on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2008, section 169.89, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Traffic penalty enhancement; gross misdemeanor. new text end

new text begin Unless a greater
penalty is specified elsewhere in law, a person who in a negligent manner commits a
violation of this chapter that causes substantial bodily harm, as defined in section 609.02,
subdivision 7a, to a person other than the driver, great bodily harm as defined in section
609.02, subdivision 8, or death to a person other than the driver, or damage to property,
other than the driver's property, in an amount of more than $1,000, is guilty of a gross
misdemeanor and may be sentenced to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2008, section 171.13, is amended by adding a subdivision
to read:

new text begin Subd. 1k. new text end

new text begin Failure to exercise reasonable care. new text end

new text begin The commissioner shall include
in each edition of the driver's manual a section that explains laws concerning failure of
a driver to exercise reasonable care, as well as an explanation of penalties and possible
enhanced penalties under section 169.89.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011.
new text end

Sec. 4. new text begin POST BOARD TO COMPILE AND DISTRIBUTE TRAFFIC LAW
SUMMARY.
new text end

new text begin (a) By October 15, 2011, the executive director of the Peace Officer Standards and
Training Board shall send a written summary of the statutory changes made in Minnesota
Statutes, sections 169.135; 169.89, subdivisions 1a and 1b; and 171.13, subdivision 1k, to
every chief law enforcement officer in the state. In addition, the summary must address
current penalty enhancement provisions related to traffic laws, including Minnesota
Statutes, sections 169.89, subdivision 1, and 609.21, and address and seek to maximize a
more consistent use and interpretation of Minnesota Statutes, section 169.13.
new text end

new text begin (b) Chief law enforcement officers receiving the summary described in paragraph
(a) shall ensure that peace officers under their command who have traffic enforcement
duties are familiar with its contents.
new text end

new text begin (c) To the extent practical when compiling the summary described in paragraph (a),
the executive director shall consult with peace officers, prosecutors, judges, and other
practitioners familiar with traffic and criminal laws.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end