SF 206

as introduced - 88th Legislature (2013 - 2014) Posted on 03/01/2013 09:45am

A bill for an act
relating to public safety; traffic regulations; establishing a crime for causing
death or great bodily harm by driving in an aggressive, inattentive, reckless, or
careless manner; providing criminal penalties; 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] AGGRESSIVE, INATTENTIVE, RECKLESS, OR
CARELESS DRIVING RESULTING IN DEATH OR GREAT BODILY HARM.
new text end

new text begin Subdivision 1. new text end

new text begin Violation and penalty established; limitations. new text end

new text begin (a) A person is
guilty of a gross misdemeanor and may be sentenced to one year imprisonment, a $3,000
fine, or both if the person causes the death of, or great bodily harm to, a human being or
unborn child as a result of driving, operating, or halting a motor vehicle:
new text end

new text begin (1) in such a manner as to indicate a willful or wanton disregard for the safety of
persons or property;
new text end

new text begin (2) while racing any motor vehicle upon any street or highway of this state, including
willfully comparing or contesting relative speeds of motor vehicles whether or not the
racing activity exceeds the maximum speed prescribed by law;
new text end

new text begin (3) carelessly or heedlessly upon any street or highway in disregard of the rights
of others, or in a manner that endangers or is likely to endanger any person or property,
including the driver or passenger of the motor vehicle;
new text end

new text begin (4) while failing to restrict speed to the extent necessary to avoid colliding with any
person, vehicle, or other conveyance on or entering the street or highway in compliance
with legal requirements and the duty of all persons to use due care;
new text end

new text begin (5) while using a cellular phone, except in a voice-activated or other hands-free
manner;
new text end

new text begin (6) while using a wireless communications device to read, compose, or send an
electronic message when the motor vehicle is in motion or a part of traffic, except as
authorized under section 169.475, subdivision 3; or
new text end

new text begin (7) while or after falling asleep while the motor vehicle is in motion or a part of traffic.
new text end

new text begin (b) Conduct violating paragraph (a) does not include murder under section 609.185,
609.19, or 609.195, manslaughter under section 609.20 or 609.205, criminal vehicular
operation or homicide under section 609.21, or fleeing the scene of an accident under
section 169.09.
new text end

new text begin Subd. 2. new text end

new text begin Multiple offenses; enhanced sentence. new text end

new text begin A person who violates subdivision
1 within 20 years of a prior conviction or adjudication under this section, section 609.21,
subdivision 1, or section 609.21, subdivision 1a, paragraph (a) or (b), is guilty of a felony
and may be sentenced to imprisonment for not more than ten years, a $20,000 fine, or both.
new text end

new text begin Subd. 3. new text end

new text begin Revocation. new text end

new text begin Upon the conviction or adjudication of a person for violation
of this section, the court shall order the commissioner of public safety to revoke the
person's driver's license or driving privilege to operate a motor vehicle in this state for a
period of not less than six months for an initial violation, and not less than two years for a
second or subsequent violation.
new text end

new text begin Subd. 4. new text end

new text begin Interpretation; no limit on other prosecution. new text end

new text begin Nothing in this section or
section 609.035 or 609.04 shall be construed to limit the power of the state to prosecute or
punish a person for conduct that constitutes a crime under any other law of this state.
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