HF 335

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

  1.1                          A bill for an act 
  1.2             relating to crimes; imposing felony penalties on 
  1.3             certain repeat violators of DWI laws; requiring 
  1.4             sentencing guidelines commission to give felony DWI 
  1.5             convictions the weight of one criminal history point; 
  1.6             amending Minnesota Statutes 1998, sections 169.121, 
  1.7             subdivisions 3 and 3e; 169.129, subdivisions 2 and 3; 
  1.8             and 360.0752, subdivisions 1 and 6. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1998, section 169.121, 
  1.11  subdivision 3, is amended to read: 
  1.12     Subd. 3.  [CRIMINAL PENALTIES.] (a) As used in this section:
  1.13     (1) "Prior impaired driving conviction" means a prior 
  1.14  conviction under: 
  1.15     (i) this section; Minnesota Statutes 1996, section 84.91, 
  1.16  subdivision 1, paragraph (a), or 86B.331, subdivision 1, 
  1.17  paragraph (a); section 169.1211; section 169.129; or section 
  1.18  360.0752; 
  1.19     (ii) section 609.21, subdivision 1, clauses (2) to (6); 
  1.20  subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 
  1.21  to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
  1.22  clauses (2) to (6); or subdivision 4, clauses (2) to (6); or 
  1.23     (iii) an ordinance from this state, or a statute or 
  1.24  ordinance from another state, in conformity with any provision 
  1.25  listed in item (i) or (ii). 
  1.26     A prior impaired driving conviction also includes a prior 
  1.27  juvenile adjudication that would have been a prior impaired 
  2.1   driving conviction if committed by an adult. 
  2.2      (2) "Prior license revocation" means a driver's license 
  2.3   suspension, revocation, cancellation, denial, or 
  2.4   disqualification under: 
  2.5      (i) this section or section 169.1211, 169.123, 171.04, 
  2.6   171.14, 171.16, 171.165, 171.17, or 171.18 because of an 
  2.7   alcohol-related incident; 
  2.8      (ii) section 609.21, subdivision 1, clauses (2) to (6); 
  2.9   subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 
  2.10  to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
  2.11  clauses (2) to (6); or subdivision 4, clauses (2) to (6); or 
  2.12     (iii) an ordinance from this state, or a statute or 
  2.13  ordinance from another state, in conformity with any provision 
  2.14  listed in item (i) or (ii). 
  2.15     "Prior license revocation" also means the revocation of 
  2.16  snowmobile or all-terrain vehicle operating privileges under 
  2.17  section 84.911, or motorboat operating privileges under section 
  2.18  86B.335, for violations that occurred on or after August 1, 1995.
  2.19     (b) A person who violates subdivision 1, clause (a), (b), 
  2.20  (c), (d), (e), (g), or (h), or subdivision 1a, or an ordinance 
  2.21  in conformity with any of them, is guilty of a misdemeanor. 
  2.22     (c) A person is guilty of a gross misdemeanor under any of 
  2.23  the following circumstances: 
  2.24     (1) the person violates subdivision 1, clause (f); 
  2.25     (2) the person violates subdivision 1, clause (a), (b), 
  2.26  (c), (d), (e), (g), or (h), or subdivision 1a, within five years 
  2.27  of a prior impaired driving conviction or a prior license 
  2.28  revocation; 
  2.29     (3) the person violates section 169.26 while in violation 
  2.30  of subdivision 1; or 
  2.31     (4) the person violates subdivision 1 or 1a while a child 
  2.32  under the age of 16 is in the vehicle, if the child is more than 
  2.33  36 months younger than the violator. 
  2.34     A person convicted of a gross misdemeanor under this 
  2.35  paragraph is subject to the mandatory penalties provided in 
  2.36  subdivision 3d. 
  3.1      (d) A person is guilty of an enhanced gross misdemeanor 
  3.2   under any of the following circumstances: 
  3.3      (1) the person violates subdivision 1, clause (f), or 
  3.4   commits a violation described in paragraph (c), clause (3) or 
  3.5   (4), within ten years of one or more two prior impaired driving 
  3.6   convictions or prior license revocations; 
  3.7      (2) the person violates subdivision 1, clause (a), (b), 
  3.8   (c), (d), (e), (g), or (h), or subdivision 1a, within ten years 
  3.9   of the first of two or more three prior impaired driving 
  3.10  convictions, two or more three prior license revocations, or any 
  3.11  combination of two or more three prior impaired driving 
  3.12  convictions and prior license revocations, based on separate 
  3.13  incidents. 
  3.14     A person convicted of an enhanced gross misdemeanor under 
  3.15  this paragraph may be sentenced to imprisonment in a local 
  3.16  correctional facility for not more than two years or to payment 
  3.17  of a fine of not more than $3,000, or both.  Additionally, the 
  3.18  person is subject to the applicable mandatory penalties provided 
  3.19  in subdivision 3e. 
  3.20     (e) A person is guilty of a felony under either of the 
  3.21  following circumstances: 
  3.22     (1) the person violates subdivision 1, clause (f), or 
  3.23  commits a violation described in paragraph (c), clause (3) or 
  3.24  (4), after three or more prior impaired driving convictions, 
  3.25  three or more prior license revocations, or any combination of 
  3.26  three or more prior impaired driving convictions and prior 
  3.27  license revocations, based on separate incidents; or 
  3.28     (2) the person violates subdivision 1, clause (a), (b), 
  3.29  (c), (d), (e), (g), or (h), or subdivision 1a, after four or 
  3.30  more prior impaired driving convictions, four or more prior 
  3.31  license revocations, or any combination of four or more prior 
  3.32  impaired driving convictions and prior license revocations, 
  3.33  based on separate incidents. 
  3.34     A person convicted under this paragraph may be sentenced to 
  3.35  imprisonment for not more than seven years or to payment of a 
  3.36  fine of not more than $14,000, or both. 
  4.1      (f) The court shall notify a person convicted of violating 
  4.2   subdivision 1 or 1a that the registration plates of the person's 
  4.3   motor vehicle may be impounded under section 168.042 and the 
  4.4   vehicle may be subject to forfeiture under section 169.1217 upon 
  4.5   a subsequent conviction for violating this section, section 
  4.6   169.129, or section 171.24, or a subsequent license revocation 
  4.7   under section 169.123.  The notice must describe the conduct and 
  4.8   the time periods within which the conduct must occur in order to 
  4.9   result in plate impoundment or forfeiture.  The failure of the 
  4.10  court to provide this information does not affect the 
  4.11  applicability of the plate impoundment or the forfeiture 
  4.12  provision to that person. 
  4.13     (f) (g) The attorney in the jurisdiction in which the 
  4.14  violation occurred who is responsible for prosecution of 
  4.15  misdemeanor violations of this section shall also be responsible 
  4.16  for prosecution of gross misdemeanor and enhanced gross 
  4.17  misdemeanor violations of this section. 
  4.18     (g) (h) The court must impose consecutive sentences when it 
  4.19  sentences a person for a violation of this section or section 
  4.20  169.129 arising out of separate behavioral incidents.  The court 
  4.21  also must impose a consecutive sentence when it sentences a 
  4.22  person for a violation of this section or section 169.129 and 
  4.23  the person, at the time of sentencing, is on probation for, or 
  4.24  serving, an executed sentence for a violation of this section or 
  4.25  section 169.129 and the prior sentence involved a separate 
  4.26  behavioral incident.  The court also may order that the sentence 
  4.27  imposed for a violation of this section or section 169.129 shall 
  4.28  run consecutively to a previously imposed misdemeanor, gross 
  4.29  misdemeanor or felony sentence for a violation other than this 
  4.30  section or section 169.129.  
  4.31     (h) (i) When the court stays the sentence of a person 
  4.32  convicted under this section, the length of the stay is governed 
  4.33  by section 609.135, subdivision 2. 
  4.34     (i) (j) The court may impose consecutive sentences for 
  4.35  offenses arising out of a single course of conduct as permitted 
  4.36  in section 609.035, subdivision 2.  
  5.1      (j) (k) When an attorney responsible for prosecuting gross 
  5.2   misdemeanors or enhanced gross misdemeanors under this section 
  5.3   requests criminal history information relating to prior impaired 
  5.4   driving convictions from a court, the court must furnish the 
  5.5   information without charge. 
  5.6      (k) (l) A violation of subdivision 1a may be prosecuted 
  5.7   either in the jurisdiction where the arresting officer observed 
  5.8   the defendant driving, operating, or in control of the motor 
  5.9   vehicle or in the jurisdiction where the refusal occurred. 
  5.10     Sec. 2.  Minnesota Statutes 1998, section 169.121, 
  5.11  subdivision 3e, is amended to read: 
  5.12     Subd. 3e.  [ENHANCED GROSS MISDEMEANOR; MANDATORY 
  5.13  PENALTIES.] (a) The mandatory penalties in this subdivision 
  5.14  apply to persons who are convicted of an enhanced gross 
  5.15  misdemeanor under subdivision 3, paragraph (d), or section 
  5.16  169.129.  Notwithstanding section 609.135, these penalties must 
  5.17  be imposed and executed. 
  5.18     (b) A person who is convicted of an enhanced gross 
  5.19  misdemeanor under the circumstances described in subdivision 3, 
  5.20  paragraph (d), clause (1), shall be sentenced as follows: 
  5.21     (1) if the person has one prior impaired driving conviction 
  5.22  within the past ten years, the person must be sentenced to 
  5.23  either (i) a minimum of 90 days of incarceration, at least 30 
  5.24  days of which must be served consecutively in a local 
  5.25  correctional facility, or (ii) a program of intensive 
  5.26  supervision of the type described in section 169.1265 that 
  5.27  requires the person to consecutively serve at least six days in 
  5.28  a local correctional facility.  The court may order that the 
  5.29  person serve not more than 60 days of the minimum penalty under 
  5.30  item (i) on home detention or in an intensive probation program 
  5.31  described in section 169.1265; or 
  5.32     (2) if the person has two prior impaired driving 
  5.33  convictions within the past ten years, the person must be 
  5.34  sentenced to either (i) a minimum of 180 days of incarceration, 
  5.35  at least 30 days of which must be served consecutively in a 
  5.36  local correctional facility, or (ii) a program of intensive 
  6.1   supervision of the type described in section 169.1265 that 
  6.2   requires the person to consecutively serve at least six days in 
  6.3   a local correctional facility.  The court may order that the 
  6.4   person serve not more than 150 days of the minimum penalty under 
  6.5   item (i) on home detention or in an intensive probation program 
  6.6   described in section 169.1265; or. 
  6.7      (3) if the person has three prior impaired driving 
  6.8   convictions within the past 15 years, or four or more prior 
  6.9   impaired driving convictions within the person's lifetime, the 
  6.10  person must be sentenced to either (i) a minimum of one year of 
  6.11  incarceration, at least 60 days of which must be served 
  6.12  consecutively in a local correctional facility, or (ii) a 
  6.13  program of intensive supervision of the type described in 
  6.14  section 169.1265 that requires the person to consecutively serve 
  6.15  at least six days in a local correctional facility.  The court 
  6.16  may order that the person serve the remainder of the minimum 
  6.17  penalty under item (i) on intensive probation using an 
  6.18  electronic monitoring system or, if such a system is 
  6.19  unavailable, on home detention. 
  6.20     (c) A person who is convicted of an enhanced gross 
  6.21  misdemeanor under the circumstances described in subdivision 3, 
  6.22  paragraph (d), clause (2), or under section 169.129, shall be 
  6.23  sentenced as follows: 
  6.24     (1) if the person has two prior impaired driving 
  6.25  convictions, two prior license revocations, or a combination of 
  6.26  the two, within the past ten years, the person must be sentenced 
  6.27  to either (i) a minimum of 90 days incarceration, at least 30 
  6.28  days of which must be served consecutively in a local 
  6.29  correctional facility, or (ii) a program of intensive 
  6.30  supervision of the type described in section 169.1265 that 
  6.31  requires the person to consecutively serve at least six days in 
  6.32  a local correctional facility.  The court may order that the 
  6.33  person serve not more than 60 days of the minimum penalty under 
  6.34  item (i) on home detention or in an intensive probation program 
  6.35  described in section 169.1265; or 
  6.36     (2) if the person has three prior impaired driving 
  7.1   convictions, three prior license revocations, or a combination 
  7.2   of the two, within the past ten years, the person must be 
  7.3   sentenced to either (i) a minimum of 180 days of incarceration, 
  7.4   at least 30 days of which must be served consecutively in a 
  7.5   local correctional facility, or (ii) a program of intensive 
  7.6   supervision of the type described in section 169.1265 that 
  7.7   requires the person to consecutively serve at least six days in 
  7.8   a local correctional facility.  The court may order that the 
  7.9   person serve not more than 150 days of the minimum penalty under 
  7.10  item (i) on home detention or in an intensive probation program 
  7.11  described in section 169.1265; or. 
  7.12     (3) if the person has four prior impaired driving 
  7.13  convictions, four prior license revocations, or a combination of 
  7.14  the two, within the past 15 years; or has five or more prior 
  7.15  impaired driving convictions, five or more prior license 
  7.16  revocations, or a combination of the two, within the person's 
  7.17  lifetime; then the person must be sentenced to either (i) a 
  7.18  minimum of one year of incarceration, at least 60 days of which 
  7.19  must be served consecutively in a local correctional facility, 
  7.20  or (ii) a program of intensive supervision of the type described 
  7.21  in section 169.1265 that requires the person to consecutively 
  7.22  serve at least six days in a local correctional facility.  The 
  7.23  court may order that the person serve the remainder of the 
  7.24  minimum penalty under item (i) on intensive probation using an 
  7.25  electronic monitoring system or, if such a system is 
  7.26  unavailable, on home detention. 
  7.27     Sec. 3.  Minnesota Statutes 1998, section 169.129, 
  7.28  subdivision 2, is amended to read: 
  7.29     Subd. 2.  [PENALTIES.] (a) Except as otherwise provided in 
  7.30  paragraph (b), a person who violates subdivision 1 is guilty of 
  7.31  a gross misdemeanor. 
  7.32     (b) A person is guilty of an enhanced gross misdemeanor and 
  7.33  may be sentenced to imprisonment in a local correctional 
  7.34  facility for not more than two years or to payment of a fine of 
  7.35  not more than $3,000, or both, if the person violates 
  7.36  subdivision 1 and the person's driver's license or driving 
  8.1   privilege has been suspended, revoked, canceled, denied, or 
  8.2   disqualified two or more three times within the past ten years 
  8.3   under any of the statutes listed in subdivision 1.  A person 
  8.4   convicted of an enhanced gross misdemeanor under this paragraph 
  8.5   is subject to the applicable mandatory penalties provided in 
  8.6   section 169.121, subdivision 3d 3e. 
  8.7      (c) A person is guilty of a felony and may be sentenced to 
  8.8   imprisonment for not more than seven years or to payment of a 
  8.9   fine of not more than $14,000, or both, if the person violates 
  8.10  subdivision 1 and the person's driver's license or driving 
  8.11  privilege has been suspended, revoked, canceled, denied, or 
  8.12  disqualified four or more times within the past ten years under 
  8.13  any of the statutes listed in subdivision 1. 
  8.14     Sec. 4.  Minnesota Statutes 1998, section 169.129, 
  8.15  subdivision 3, is amended to read: 
  8.16     Subd. 3.  [PROSECUTION.] The attorney in the jurisdiction 
  8.17  in which the violation of this section occurred who is 
  8.18  responsible for prosecution of misdemeanor violations of section 
  8.19  169.121 shall also be responsible for prosecution of gross 
  8.20  misdemeanor and enhanced gross misdemeanor violations of this 
  8.21  section. 
  8.22     Sec. 5.  Minnesota Statutes 1998, section 360.0752, 
  8.23  subdivision 1, is amended to read: 
  8.24     Subdivision 1.  [DEFINITIONS.] As used in this section and 
  8.25  section 360.0753: 
  8.26     (1) "operate" includes the acts of all crew members with 
  8.27  responsibility to operate the aircraft; 
  8.28     (2) "controlled substance" has the meaning given in section 
  8.29  152.01, subdivision 4; and 
  8.30     (3) "hazardous substance" means any chemical or chemical 
  8.31  compound that is listed as a hazardous substance in rules 
  8.32  adopted under chapter 182; and 
  8.33     (4) "prior impaired driving conviction" and "prior license 
  8.34  revocation" have the meanings given them in section 169.121. 
  8.35     Sec. 6.  Minnesota Statutes 1998, section 360.0752, 
  8.36  subdivision 6, is amended to read: 
  9.1      Subd. 6.  [CRIMINAL PENALTIES.] (a) A person who violates 
  9.2   subdivision 2, paragraph (a), clause (8), or subdivision 3, is 
  9.3   guilty of a misdemeanor.  
  9.4      (b) A person who violates subdivision 2, paragraph (a), 
  9.5   clauses (1) to (7), or subdivision 2a, is guilty of a gross 
  9.6   misdemeanor. 
  9.7      (c) A person is guilty of a felony if the person violates 
  9.8   subdivision 2 or 3 after four or more prior impaired driving 
  9.9   convictions, four or more prior license revocations, or any 
  9.10  combination of four or more prior impaired driving convictions 
  9.11  and prior license revocations, based on separate incidents.  A 
  9.12  person convicted under this paragraph may be sentenced to 
  9.13  imprisonment for not more than seven years or to payment of a 
  9.14  fine of not more than $14,000, or both. 
  9.15     (d) The attorney in the jurisdiction in which the violation 
  9.16  occurred who is responsible for prosecution of misdemeanor 
  9.17  violations shall also be responsible for prosecution of gross 
  9.18  misdemeanor violations of this section. 
  9.19     Sec. 7.  [SENTENCING GUIDELINE MODIFICATION.] 
  9.20     The sentencing guidelines commission shall modify the 
  9.21  sentencing guidelines to provide that each felony-level 
  9.22  violation of Minnesota Statutes, section 169.121, 169.129, or 
  9.23  360.0752, constitutes one criminal history point. 
  9.24     Sec. 8.  [EFFECTIVE DATE.] 
  9.25     Sections 1 to 7 are effective August 1, 1999, and apply to 
  9.26  crimes committed on or after that date.