HF 154

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to traffic regulations; imposing criminal 
  1.3             penalties on a motor vehicle owner who knowingly 
  1.4             permits a person to operate the vehicle while under 
  1.5             driver's license revocation; authorizing forfeiture of 
  1.6             vehicles used to commit this crime; amending Minnesota 
  1.7             Statutes 1998, sections 609.531, subdivision 1; and 
  1.8             609.5312, subdivision 4; proposing coding for new law 
  1.9             in Minnesota Statutes, chapter 171. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  [171.235] [ALLOWING VEHICLE OPERATION BY DRIVER 
  1.12  WITH REVOKED LICENSE; PENALTIES.] 
  1.13     Subdivision 1.  [DEFINITION.] As used in this section, 
  1.14  "revoked" means a driver's license that has been revoked, 
  1.15  canceled, denied, or disqualified under section 169.121, 
  1.16  169.1211, 169.123, 171.04, 171.14, 171.165, 171.17, 171.172, or 
  1.17  171.174, or under an ordinance from this state, or a statute or 
  1.18  ordinance from another state in conformity with any of these 
  1.19  sections. 
  1.20     Subd. 2.  [GROSS MISDEMEANOR.] The registered owner of a 
  1.21  motor vehicle is guilty of a gross misdemeanor if the owner 
  1.22  permits another person to operate the motor vehicle, knowing or 
  1.23  having reason to know that the person's driver's license is 
  1.24  revoked at the time the vehicle is operated. 
  1.25     Subd. 3.  [FELONY.] A violation of this section is a felony 
  1.26  if the operator of the motor vehicle causes death, great or 
  1.27  substantial bodily harm, or property damage in excess of $500, 
  2.1   while operating the motor vehicle. 
  2.2      Sec. 2.  Minnesota Statutes 1998, section 609.531, 
  2.3   subdivision 1, is amended to read: 
  2.4      Subdivision 1.  [DEFINITIONS.] For the purpose of sections 
  2.5   609.531 to 609.5318, the following terms have the meanings given 
  2.6   them.  
  2.7      (a) "Conveyance device" means a device used for 
  2.8   transportation and includes, but is not limited to, a motor 
  2.9   vehicle, trailer, snowmobile, airplane, and vessel and any 
  2.10  equipment attached to it.  The term "conveyance device" does not 
  2.11  include property which is, in fact, itself stolen or taken in 
  2.12  violation of the law.  
  2.13     (b) "Weapon used" means a dangerous weapon as defined under 
  2.14  section 609.02, subdivision 6, that the actor used or had in 
  2.15  possession in furtherance of a crime.  
  2.16     (c) "Property" means property as defined in section 609.52, 
  2.17  subdivision 1, clause (1).  
  2.18     (d) "Contraband" means property which is illegal to possess 
  2.19  under Minnesota law.  
  2.20     (e) "Appropriate agency" means the bureau of criminal 
  2.21  apprehension, the Minnesota state patrol, a county sheriff's 
  2.22  department, the suburban Hennepin regional park district park 
  2.23  rangers, the department of natural resources division of 
  2.24  enforcement, the University of Minnesota police department, or a 
  2.25  city or airport police department.  
  2.26     (f) "Designated offense" includes:  
  2.27     (1) for weapons used:  any violation of this chapter, 
  2.28  chapter 152, or chapter 624; 
  2.29     (2) for all other purposes:  a felony violation of, or a 
  2.30  felony-level attempt or conspiracy to violate, section 325E.17; 
  2.31  325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222; 
  2.32  609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322; 
  2.33  609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 
  2.34  1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to 
  2.35  (e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e), 
  2.36  and (h) to (j); 609.42; 609.425; 609.466; 609.485; 609.487; 
  3.1   609.52; 609.525; 609.53; 609.54; 609.551; 609.561; 609.562; 
  3.2   609.563; 609.582; 609.59; 609.595; 609.631; 609.66, subdivision 
  3.3   1e; 609.671, subdivisions 3, 4, 5, 8, and 12; 609.687; 609.821; 
  3.4   609.825; 609.86; 609.88; 609.89; 609.893; 617.246; or a gross 
  3.5   misdemeanor or felony violation of section 171.235; 609.891; or 
  3.6   624.7181; or any violation of section 609.324.  
  3.7      (g) "Controlled substance" has the meaning given in section 
  3.8   152.01, subdivision 4. 
  3.9      Sec. 3.  Minnesota Statutes 1998, section 609.5312, 
  3.10  subdivision 4, is amended to read: 
  3.11     Subd. 4.  [VEHICLE FORFEITURE FOR FLEEING A PEACE OFFICER.] 
  3.12  (a) A motor vehicle is subject to forfeiture under this 
  3.13  subdivision if it was used to commit a violation of section 
  3.14  609.487 and endanger life or property or if it was used to 
  3.15  commit a violation of section 171.235.  A motor vehicle is 
  3.16  subject to forfeiture under this subdivision only if the offense 
  3.17  is established by proof of a criminal conviction for the 
  3.18  offense.  Except as otherwise provided in this subdivision, a 
  3.19  forfeiture under this subdivision is governed by sections 
  3.20  609.531, 609.5312, 609.5313, and 609.5315, subdivision 6. 
  3.21     (b) When a motor vehicle subject to forfeiture under this 
  3.22  subdivision is seized in advance of a judicial forfeiture order, 
  3.23  a hearing before a judge or referee must be held within 96 hours 
  3.24  of the seizure.  Notice of the hearing must be given to the 
  3.25  registered owner within 48 hours of the seizure.  The 
  3.26  prosecuting authority shall certify to the court, at or in 
  3.27  advance of the hearing, that it has filed or intends to file 
  3.28  charges against the alleged violator for violating section 
  3.29  171.235 or 609.487.  After conducting the hearing, the court 
  3.30  shall order that the motor vehicle be returned to the owner if:  
  3.31     (1) the prosecutor has failed to make the certification 
  3.32  required by this paragraph; 
  3.33     (2) the owner of the motor vehicle has demonstrated to the 
  3.34  court's satisfaction that the owner has a defense to the 
  3.35  forfeiture, including but not limited to the defenses contained 
  3.36  in subdivision 2; or 
  4.1      (3) the court determines that seizure of the vehicle 
  4.2   creates or would create an undue hardship for members of the 
  4.3   owner's family. 
  4.4      (c) If the defendant is acquitted or the charges against 
  4.5   the defendant are dismissed, neither the owner nor the defendant 
  4.6   is responsible for paying any costs associated with the seizure 
  4.7   or storage of the vehicle. 
  4.8      (d) A vehicle leased or rented under section 168.27, 
  4.9   subdivision 4, for a period of 180 days or less is not subject 
  4.10  to forfeiture under this subdivision. 
  4.11     Sec. 4.  [EFFECTIVE DATE.] 
  4.12     Sections 1 to 3 are effective August 1, 1999, and apply to 
  4.13  crimes committed on or after that date.