HF 387

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes; establishing staggered sentencing 
  1.3             program for DWI offenders; modifying other DWI-related 
  1.4             provisions; amending Minnesota Statutes 2002, sections 
  1.5             169A.03, subdivision 21, by adding a subdivision; 
  1.6             169A.20, subdivision 2; 169A.275, subdivisions 3, 4, 
  1.7             by adding a subdivision; 169A.40, subdivision 3; 
  1.8             169A.44; 169A.51, subdivision 5; 169A.54, subdivision 
  1.9             6; 169A.60, subdivisions 8, 13; 169A.63, subdivision 
  1.10            1; 609.135, subdivision 2; 629.471, by adding a 
  1.11            subdivision; proposing coding for new law in Minnesota 
  1.12            Statutes, chapter 169A. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 2002, section 169A.03, 
  1.15  subdivision 21, is amended to read: 
  1.16     Subd. 21.  [PRIOR IMPAIRED DRIVING-RELATED LOSS OF 
  1.17  LICENSE.] (a) "Prior impaired driving-related loss of license" 
  1.18  includes a driver's license suspension, revocation, 
  1.19  cancellation, denial, or disqualification under: 
  1.20     (1) section 169A.31 (alcohol-related school bus or Head 
  1.21  Start bus driving); 169A.50 to 169A.53 (implied consent law); 
  1.22  169A.54 (impaired driving convictions and adjudications; 
  1.23  administrative penalties); 171.04 (persons not eligible for 
  1.24  drivers' licenses); 171.14 (cancellation); 171.16 (court may 
  1.25  recommend suspension); 171.165 (commercial driver's license, 
  1.26  disqualification); 171.17 (revocation); or 171.18 (suspension); 
  1.27  because of an alcohol-related incident; 
  1.28     (2) section 609.21 (criminal vehicular homicide and injury, 
  1.29  substance-related offenses), subdivision 1, clauses (2) to (6); 
  2.1   subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 
  2.2   to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
  2.3   clauses (2) to (6); or subdivision 4, clauses (2) to (6); 
  2.4      (3) Minnesota Statutes 1998, section 169.121 (driver under 
  2.5   influence of alcohol or controlled substance); 169.1211 
  2.6   (alcohol-related driving by commercial vehicle drivers); or 
  2.7   169.123 (chemical tests for intoxication); or 
  2.8      (4) an ordinance from this state, or a statute or ordinance 
  2.9   from another state, in conformity with any provision listed in 
  2.10  clause (1), (2), or (3). 
  2.11     (b) "Prior impaired driving-related loss of license" also 
  2.12  includes the revocation of snowmobile or all-terrain vehicle 
  2.13  operating privileges under section 84.911 (chemical testing), or 
  2.14  motorboat operating privileges under section 86B.335 (testing 
  2.15  for alcohol and controlled substances), for violations that 
  2.16  occurred on or after August 1, 1994; the revocation of 
  2.17  snowmobile or all-terrain vehicle operating privileges under 
  2.18  section 84.91 (operation of snowmobiles and all-terrain vehicles 
  2.19  by persons under the influence of alcohol or controlled 
  2.20  substances); or the revocation of motorboat operating privileges 
  2.21  under section 86B.331 (operation while using alcohol or drugs or 
  2.22  with a physical or mental disability). 
  2.23     (c) "Prior impaired driving-related loss of license" does 
  2.24  not include any license action stemming solely from a violation 
  2.25  of section 169A.33 (underage drinking and driving), 171.09 
  2.26  (conditions of a restricted license), or 340A.503 (persons under 
  2.27  the age of 21, illegal acts). 
  2.28     Sec. 2.  Minnesota Statutes 2002, section 169A.03, is 
  2.29  amended by adding a subdivision to read: 
  2.30     Subd. 26.  [CONTROL ANALYSIS.] "Control analysis" means a 
  2.31  procedure involving a solution that yields a predictable alcohol 
  2.32  concentration reading. 
  2.33     Sec. 3.  Minnesota Statutes 2002, section 169A.20, 
  2.34  subdivision 2, is amended to read: 
  2.35     Subd. 2.  [REFUSAL TO SUBMIT TO CHEMICAL TEST CRIME.] It is 
  2.36  a crime for any person to refuse to submit to a chemical test of 
  3.1   the person's blood, breath, or urine under section 169A.51 
  3.2   (chemical tests for intoxication), or 169A.52 (test refusal or 
  3.3   failure; revocation of license). 
  3.4      Sec. 4.  Minnesota Statutes 2002, section 169A.275, 
  3.5   subdivision 3, is amended to read: 
  3.6      Subd. 3.  [FOURTH OFFENSE.] (a) Unless the court commits 
  3.7   the person to the custody of the commissioner of corrections as 
  3.8   provided in section 169A.276 (mandatory penalties; felony 
  3.9   violations), the court shall sentence a person who is convicted 
  3.10  of a violation of section 169A.20 (driving while impaired) 
  3.11  within ten years of the first of three qualified prior impaired 
  3.12  driving incidents to either: 
  3.13     (1) a minimum of 180 days of incarceration, at least 30 
  3.14  days of which must be served consecutively in a local 
  3.15  correctional facility; or 
  3.16     (2) a program of intensive supervision of the type 
  3.17  described in section 169A.74 (pilot programs of intensive 
  3.18  probation for repeat DWI offenders) that requires the person to 
  3.19  consecutively serve at least six days in a local correctional 
  3.20  facility; or 
  3.21     (3) a program of staggered sentencing involving a minimum 
  3.22  of 180 days of incarceration, at least 30 days of which must be 
  3.23  served consecutively in a local correctional facility.  
  3.24     (b) The court may order that the person serve not more than 
  3.25  150 days of the minimum penalty under paragraph (a), clause (1), 
  3.26  on home detention or in an intensive probation program described 
  3.27  in section 169A.74.  Notwithstanding section 609.135, the 
  3.28  penalties in this subdivision must be imposed and executed. 
  3.29     Sec. 5.  Minnesota Statutes 2002, section 169A.275, 
  3.30  subdivision 4, is amended to read: 
  3.31     Subd. 4.  [FIFTH OFFENSE OR MORE.] (a) Unless the court 
  3.32  commits the person to the custody of the commissioner of 
  3.33  corrections as provided in section 169A.276 (mandatory 
  3.34  penalties; felony violations), the court shall sentence a person 
  3.35  who is convicted of a violation of section 169A.20 (driving 
  3.36  while impaired) within ten years of the first of four or more 
  4.1   qualified prior impaired driving incidents to either: 
  4.2      (1) a minimum of one year of incarceration, at least 60 
  4.3   days of which must be served consecutively in a local 
  4.4   correctional facility; or 
  4.5      (2) a program of intensive supervision of the type 
  4.6   described in section 169A.74 (pilot programs of intensive 
  4.7   probation for repeat DWI offenders) that requires the person to 
  4.8   consecutively serve at least six days in a local correctional 
  4.9   facility; or 
  4.10     (3) a program of staggered sentencing involving a minimum 
  4.11  of one year of incarceration, at least 60 days of which must be 
  4.12  served consecutively in a local correctional facility.  
  4.13     (b) The court may order that the person serve the remainder 
  4.14  of the minimum penalty under paragraph (a), clause (1), on 
  4.15  intensive probation using an electronic monitoring system or, if 
  4.16  such a system is unavailable, on home detention.  
  4.17  Notwithstanding section 609.135, the penalties in this 
  4.18  subdivision must be imposed and executed. 
  4.19     Sec. 6.  Minnesota Statutes 2002, section 169A.275, is 
  4.20  amended by adding a subdivision to read: 
  4.21     Subd. 6.  [STAGGERED SENTENCING DEFINED.] For purposes of 
  4.22  this section, "staggered sentencing" means a sentencing 
  4.23  procedure in which the court sentences a person convicted of a 
  4.24  gross misdemeanor or felony violation of section 169A.20 to an 
  4.25  executed sentence of incarceration in a local jail, to be served 
  4.26  in equal segments in three or more consecutive years.  Before 
  4.27  reporting for any subsequent segment of incarceration after the 
  4.28  first segment, the offender may bring a motion before the court 
  4.29  requesting to have that segment of incarceration stayed.  The 
  4.30  motion must be brought before the same judge who initially 
  4.31  pronounced the sentence.  Before bringing the motion, the 
  4.32  offender shall participate for 30 days in a remote electronic 
  4.33  alcohol-monitoring program under the direction of the person's 
  4.34  probation agent.  The court shall consider those 
  4.35  alcohol-monitoring results and the recommendation of the 
  4.36  probation agent, together with any other factors deemed relevant 
  5.1   by the court, in deciding whether to modify the sentence by 
  5.2   ordering a stay of the next following segment of incarceration 
  5.3   that the court had initially ordered to be executed.  When the 
  5.4   court stays a segment of incarceration that it has previously 
  5.5   ordered to be executed, that portion of the sentence must be 
  5.6   added to the total number of days the defendant is subject to 
  5.7   serving in custody if the person subsequently violates any of 
  5.8   the conditions of that stay of execution. 
  5.9      Sec. 7.  Minnesota Statutes 2002, section 169A.40, 
  5.10  subdivision 3, is amended to read: 
  5.11     Subd. 3.  [FIRST-DEGREE AND SECOND-DEGREE CERTAIN DWI 
  5.12  OFFENDERS; CUSTODIAL ARREST.] Notwithstanding rule 6.01 of the 
  5.13  Rules of Criminal Procedure, a peace officer acting without a 
  5.14  warrant who has decided to proceed with the prosecution of a 
  5.15  person for violating section 169A.20 (driving while impaired), 
  5.16  shall arrest and take the person into custody, and the person 
  5.17  must be detained until the person's first court appearance, if 
  5.18  the officer has reason to believe that the violation occurred: 
  5.19     (1) under the circumstances described in section 169A.24 
  5.20  (first-degree driving while impaired) or 169A.25 (second-degree 
  5.21  driving while impaired).; 
  5.22     (2) under the circumstances described in section 169A.26 
  5.23  (third degree driving while impaired) if the person is under the 
  5.24  age of 19; 
  5.25     (3) in the presence of an aggravating factor described in 
  5.26  section 169A.03, subdivision 3, clause (2) or (3); or 
  5.27     (4) while the person's driver's license or driving 
  5.28  privileges have been canceled under section 171.04, subdivision 
  5.29  1, clause (10) (persons not eligible for drivers' licenses, 
  5.30  inimical to public safety).  
  5.31     The person shall be detained until the person's first court 
  5.32  appearance.  
  5.33     Sec. 8.  Minnesota Statutes 2002, section 169A.44, is 
  5.34  amended to read: 
  5.35     169A.44 [CONDITIONAL RELEASE.] 
  5.36     (a) This section applies to a person charged with: 
  6.1      (1) a violation of section 169A.20 (driving while impaired) 
  6.2   within ten years of the first of two or more prior impaired 
  6.3   driving convictions; 
  6.4      (2) a violation of section 169A.20, if the person is under 
  6.5   the age of 19 years and has previously been convicted of 
  6.6   violating section 169A.20 or Minnesota Statutes 1998, section 
  6.7   169.121 (driver under the influence of alcohol or controlled 
  6.8   substance); 
  6.9      (3) a violation of section 169A.20, while the person's 
  6.10  driver's license or driving privileges have been canceled under 
  6.11  section 171.04, subdivision 1, clause (10) (persons not eligible 
  6.12  for drivers' licenses, inimical to public safety); or 
  6.13     (4) a violation of section 169A.20 by a person having an 
  6.14  alcohol concentration of 0.20 or more as measured at the time, 
  6.15  or within two hours of the time, of the offense under 
  6.16  circumstances described in section 169A.40, subdivision 3. 
  6.17     (b) Unless maximum bail is imposed under section 629.471, a 
  6.18  person described in paragraph (a) may be released from detention 
  6.19  only if the person agrees to:  
  6.20     (1) abstain from alcohol; and 
  6.21     (2) submit to a program of electronic alcohol monitoring, 
  6.22  involving at least daily measurements of the person's alcohol 
  6.23  concentration, pending resolution of the charge. 
  6.24  Clause (2) applies only when electronic alcohol-monitoring 
  6.25  equipment is available to the court.  The court shall require 
  6.26  partial or total reimbursement from the person for the cost of 
  6.27  the electronic alcohol-monitoring, to the extent the person is 
  6.28  able to pay. 
  6.29     (c) Unless maximum bail is imposed under section 629.471, 
  6.30  subdivision 2, a person charged with violating section 169A.20 
  6.31  within ten years of the first of three or more prior impaired 
  6.32  driving convictions may be released from detention only if the 
  6.33  following conditions are imposed in addition to the condition 
  6.34  imposed in paragraph (b), if applicable, and any other 
  6.35  conditions of release ordered by the court: 
  6.36     (1) the impoundment of the registration plates of the 
  7.1   vehicle used to commit the violation, unless already impounded; 
  7.2      (2) if the vehicle used to commit the violation was an 
  7.3   off-road recreational vehicle or a motorboat, the impoundment of 
  7.4   the off-road recreational vehicle or motorboat; 
  7.5      (3) a requirement that the person report weekly to a 
  7.6   probation agent; 
  7.7      (4) a requirement that the person abstain from consumption 
  7.8   of alcohol and controlled substances and submit to random 
  7.9   alcohol tests or urine analyses at least weekly; and 
  7.10     (5) a requirement that, if convicted, the person reimburse 
  7.11  the court or county for the total cost of these services. 
  7.12     Sec. 9.  Minnesota Statutes 2002, section 169A.51, 
  7.13  subdivision 5, is amended to read: 
  7.14     Subd. 5.  [BREATH TEST USING INFRARED BREATH-TESTING 
  7.15  INSTRUMENT.] (a) In the case of a breath test administered using 
  7.16  an infrared breath-testing instrument, the test must consist of 
  7.17  analyses in the following sequence:  one adequate breath-sample 
  7.18  analysis, one calibration standard control analysis, and a 
  7.19  second, adequate breath-sample analysis. 
  7.20     (b) In the case of a test administered using an infrared 
  7.21  breath-testing instrument, a sample is adequate if the 
  7.22  instrument analyzes the sample and does not indicate the sample 
  7.23  is deficient. 
  7.24     (c) For purposes of section 169A.52 (revocation of license 
  7.25  for test failure or refusal), when a test is administered using 
  7.26  an infrared breath-testing instrument, failure of a person to 
  7.27  provide two separate, adequate breath samples in the proper 
  7.28  sequence constitutes a refusal. 
  7.29     Sec. 10.  Minnesota Statutes 2002, section 169A.54, 
  7.30  subdivision 6, is amended to read: 
  7.31     Subd. 6.  [APPLICABILITY OF IMPLIED CONSENT REVOCATION.] 
  7.32  (a) Any person whose license has been revoked pursuant to 
  7.33  section 169A.52 (license revocation for test failure or refusal) 
  7.34  as the result of the same incident, and who does not have a 
  7.35  qualified prior impaired driving incident, is subject to the 
  7.36  mandatory revocation provisions of subdivision 1, clause (1) or 
  8.1   (2), in lieu of the mandatory revocation provisions of section 
  8.2   169A.52. 
  8.3      (b) Paragraph (a) does not apply to: 
  8.4      (1) a person whose license has been revoked under 
  8.5   subdivision 2 (driving while impaired by person under age 
  8.6   21); or 
  8.7      (2) a person whose driver's license has been revoked for, 
  8.8   or who is charged with violating, a violation of section 169A.20 
  8.9   (driving while impaired) with the an aggravating factor of 
  8.10  having an alcohol concentration of 0.20 or more as measured at 
  8.11  the time, or within two hours of the time, of the offense, and 
  8.12  the person is convicted of that offense or any other offense 
  8.13  described in section 169A.20 arising out of the same set of 
  8.14  circumstances; or 
  8.15     (3) a person charged with violating section 169A.20 
  8.16  (driving while impaired) with the aggravating factor of having a 
  8.17  child under the age of 16 in the vehicle and the child is more 
  8.18  than 36 months younger than the offender, and the person is 
  8.19  convicted of that offense or any other offense described in 
  8.20  section 169A.20 arising out of the same set of 
  8.21  circumstances described in section 169A.03, subdivision 3, 
  8.22  clause (2) or (3). 
  8.23     Sec. 11.  Minnesota Statutes 2002, section 169A.60, 
  8.24  subdivision 8, is amended to read: 
  8.25     Subd. 8.  [REISSUANCE OF REGISTRATION PLATES.] (a) The 
  8.26  commissioner shall rescind the impoundment order of a person 
  8.27  subject to an order under this section, other than the violator, 
  8.28  if: 
  8.29     (1) the violator had a valid driver's license on the date 
  8.30  of the plate impoundment violation and the person files with the 
  8.31  commissioner an acceptable sworn statement containing the 
  8.32  following information: 
  8.33     (i) that the person is the registered owner of the vehicle 
  8.34  from which the plates have been impounded under this section; 
  8.35     (ii) that the person is the current owner and possessor of 
  8.36  the vehicle used in the violation; 
  9.1      (iii) the date on which the violator obtained the vehicle 
  9.2   from the registered owner; 
  9.3      (iv) the residence addresses of the registered owner and 
  9.4   the violator on the date the violator obtained the vehicle from 
  9.5   the registered owner; 
  9.6      (v) that the person was not a passenger in the vehicle at 
  9.7   the time of the plate impoundment violation; and 
  9.8      (vi) that the person knows that the violator may not drive, 
  9.9   operate, or be in physical control of a vehicle without a valid 
  9.10  driver's license; or 
  9.11     (2) the violator did not have a valid driver's license on 
  9.12  the date of the plate impoundment violation and the person made 
  9.13  a report to law enforcement before the violation stating that 
  9.14  the vehicle had been taken from the person's possession or was 
  9.15  being used without permission. 
  9.16     (b) A person who has failed to make a report as provided in 
  9.17  paragraph (a), clause (2), may be issued special registration 
  9.18  plates under subdivision 13 for a period of one year from the 
  9.19  effective date of the impoundment order.  At the next 
  9.20  registration renewal Following this period, the person may apply 
  9.21  for regular registration plates. 
  9.22     (c) If the order is rescinded, the owner shall receive new 
  9.23  registration plates at no cost, if the plates were seized and 
  9.24  destroyed. 
  9.25     Sec. 12.  Minnesota Statutes 2002, section 169A.60, 
  9.26  subdivision 13, is amended to read: 
  9.27     Subd. 13.  [SPECIAL REGISTRATION PLATES.] (a) At any time 
  9.28  during the effective period of an impoundment order, a violator 
  9.29  or registered owner may apply to the commissioner for new 
  9.30  registration plates, which must bear a special series of numbers 
  9.31  or letters so as to be readily identified by traffic law 
  9.32  enforcement officers.  The commissioner may authorize the 
  9.33  issuance of special plates if: 
  9.34     (1) the violator has a qualified licensed driver whom the 
  9.35  violator must identify; 
  9.36     (2) the violator or registered owner has a limited license 
 10.1   issued under section 171.30; 
 10.2      (3) the registered owner is not the violator and the 
 10.3   registered owner has a valid or limited driver's license; 
 10.4      (4) a member of the registered owner's household has a 
 10.5   valid driver's license; or 
 10.6      (5) the violator has been reissued a valid driver's license.
 10.7      (b) The commissioner may not issue new registration plates 
 10.8   for that vehicle subject to plate impoundment for a period of at 
 10.9   least one year from the date of the impoundment order and until 
 10.10  the next regularly scheduled registration date following the 
 10.11  impoundment period.  In addition, if the owner is the violator, 
 10.12  new registration plates may not be issued for the vehicle unless 
 10.13  the person has been reissued a valid driver's license in 
 10.14  accordance with chapter 171. 
 10.15     (c) A violator may not apply for new registration plates 
 10.16  for a vehicle at any time before the person's driver's license 
 10.17  is reinstated. 
 10.18     (d) The commissioner may issue the special plates on 
 10.19  payment of a $50 fee for each vehicle for which special plates 
 10.20  are requested. 
 10.21     (e) Paragraphs (a) to (d) notwithstanding, the commissioner 
 10.22  must issue upon request new registration plates for a vehicle 
 10.23  for which the registration plates have been impounded if: 
 10.24     (1) the impoundment order is rescinded; 
 10.25     (2) the vehicle is transferred in compliance with 
 10.26  subdivision 14; or 
 10.27     (3) the vehicle is transferred to a Minnesota automobile 
 10.28  dealer licensed under section 168.27, a financial institution 
 10.29  that has submitted a repossession affidavit, or a government 
 10.30  agency. 
 10.31     Sec. 13.  Minnesota Statutes 2002, section 169A.63, 
 10.32  subdivision 1, is amended to read: 
 10.33     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
 10.34  the following terms have the meanings given them. 
 10.35     (b) "Appropriate agency" means a law enforcement agency 
 10.36  that has the authority to make an arrest for a violation of a 
 11.1   designated offense or to require a test under section 169A.51 
 11.2   (chemical tests for intoxication). 
 11.3      (c) "Designated license revocation" includes a license 
 11.4   revocation under section 169A.52 (license revocation for test 
 11.5   failure or refusal) or a license disqualification under section 
 11.6   171.165 (commercial driver's license disqualification) resulting 
 11.7   from a violation of section 169A.52; within ten years of the 
 11.8   first of two or more qualified prior impaired driving incidents. 
 11.9      (d) "Designated offense" includes: 
 11.10     (1) a violation of section 169A.20 (driving while impaired) 
 11.11  under the circumstances described in section 169A.24 
 11.12  (first-degree driving while impaired) or 169A.25 (second-degree 
 11.13  driving while impaired); or 
 11.14     (2) a violation of section 169A.20 or an ordinance in 
 11.15  conformity with it: 
 11.16     (i) by a person whose driver's license or driving 
 11.17  privileges have been canceled as inimical to public safety under 
 11.18  section 171.04, subdivision 1, clause (10); or 
 11.19     (ii) by a person who is subject to a restriction on the 
 11.20  person's driver's license under section 171.09 (commissioner's 
 11.21  license restrictions), which provides that the person may not 
 11.22  use or consume any amount of alcohol or a controlled substance. 
 11.23  "Designated offense" does not include a violation of this 
 11.24  chapter or an ordinance in conformity with it by a person who 
 11.25  has no qualified prior impaired driving incident.  
 11.26     (e) "Motor vehicle" and "vehicle" do not include a vehicle 
 11.27  which is stolen or taken in violation of the law. 
 11.28     (f) "Owner" means the registered owner of the motor vehicle 
 11.29  according to records of the department of public safety and 
 11.30  includes a lessee of a motor vehicle if the lease agreement has 
 11.31  a term of 180 days or more. 
 11.32     (g) "Prosecuting authority" means the attorney in the 
 11.33  jurisdiction in which the designated offense occurred who is 
 11.34  responsible for prosecuting violations of a designated offense 
 11.35  or a designee.  If a state agency initiated the forfeiture, and 
 11.36  the attorney responsible for prosecuting the designated offense 
 12.1   declines to pursue forfeiture, the attorney general's office or 
 12.2   its designee may initiate forfeiture under this section. 
 12.3      Sec. 14.  [169A.78] [AIDING AND ABETTING.] 
 12.4      Every person who commits or attempts to commit, conspires 
 12.5   to commit, or aids or abets in the commission of, any act 
 12.6   declared in this chapter to be an offense, whether individually 
 12.7   or in connection with one or more other persons or as principal, 
 12.8   agent, or accessory, is guilty of that offense, and every person 
 12.9   who falsely, fraudulently, forcibly, or willfully induces, 
 12.10  causes, coerces, requires, permits, or directs another to 
 12.11  violate any provision of this chapter, is likewise guilty of 
 12.12  that offense. 
 12.13     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 12.14  and applies to offenses committed on or after that date. 
 12.15     Sec. 15.  Minnesota Statutes 2002, section 609.135, 
 12.16  subdivision 2, is amended to read: 
 12.17     Subd. 2.  [STAY OF SENTENCE MAXIMUM PERIODS.] (a) If the 
 12.18  conviction is for a felony other than section 609.21, 
 12.19  subdivision 2, 2a, or 4, the stay shall be for not more than 
 12.20  four years or the maximum period for which the sentence of 
 12.21  imprisonment might have been imposed, whichever is longer. 
 12.22     (b) If the conviction is for a gross misdemeanor violation 
 12.23  of section 169A.20 or 609.21, subdivision 2b, or for a felony 
 12.24  described in section 609.21, subdivision 2, 2a, or 4, the stay 
 12.25  shall be for not more than six years.  The court shall provide 
 12.26  for unsupervised probation for the last year of the stay unless 
 12.27  the court finds that the defendant needs supervised probation 
 12.28  for all or part of the last year. 
 12.29     (c) If the conviction is for a gross misdemeanor not 
 12.30  specified in paragraph (b), the stay shall be for not more than 
 12.31  two years. 
 12.32     (d) If the conviction is for any misdemeanor under section 
 12.33  169A.20; 609.746, subdivision 1; 609.79; or 617.23; or for a 
 12.34  misdemeanor under section 609.2242 or 609.224, subdivision 1, in 
 12.35  which the victim of the crime was a family or household member 
 12.36  as defined in section 518B.01, the stay shall be for not more 
 13.1   than two years.  The court shall provide for unsupervised 
 13.2   probation for the second year of the stay unless the court finds 
 13.3   that the defendant needs supervised probation for all or part of 
 13.4   the second year. 
 13.5      (e) If the conviction is for a misdemeanor not specified in 
 13.6   paragraph (d), the stay shall be for not more than one year.  
 13.7      (f) The defendant shall be discharged six months after the 
 13.8   term of the stay expires, unless the stay has been revoked or 
 13.9   extended under paragraph (g), or the defendant has already been 
 13.10  discharged. 
 13.11     (g) Notwithstanding the maximum periods specified for stays 
 13.12  of sentences under paragraphs (a) to (f), a court may extend a 
 13.13  defendant's term of probation for up to one year if it finds, at 
 13.14  a hearing conducted under subdivision 1a, that: 
 13.15     (1) the defendant has not paid court-ordered restitution or 
 13.16  a fine in accordance with the payment schedule or structure; and 
 13.17     (2) the defendant is likely to not pay the restitution or 
 13.18  fine the defendant owes before the term of probation expires.  
 13.19  This one-year extension of probation for failure to pay 
 13.20  restitution or a fine may be extended by the court for up to one 
 13.21  additional year if the court finds, at another hearing conducted 
 13.22  under subdivision 1a, that the defendant still has not paid the 
 13.23  court-ordered restitution or fine that the defendant owes. 
 13.24     (h) Notwithstanding the maximum periods specified for stays 
 13.25  of sentences under paragraphs (a) to (f), a court may extend a 
 13.26  defendant's term of probation for up to three years if it finds, 
 13.27  at a hearing conducted under subdivision 1c, that: 
 13.28     (1) the defendant has failed to complete court-ordered 
 13.29  treatment successfully; and 
 13.30     (2) the defendant is likely not to complete court-ordered 
 13.31  treatment before the term of probation expires. 
 13.32     Sec. 16.  Minnesota Statutes 2002, section 629.471, is 
 13.33  amended by adding a subdivision to read: 
 13.34     Subd. 4.  [NOT APPLICABLE FOR FELONY DWI.] This section 
 13.35  does not apply to persons charged with a felony violation under 
 13.36  section 169A.20.