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HF 1092

as introduced - 93rd Legislature (2023 - 2024) Posted on 01/30/2023 02:03pm

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
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Current Version - as introduced

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A bill for an act
 relating to public safety; modifying the crime of fleeing a peace officer in a motor
vehicle to add a heightened penalty for fleeing in a culpably negligent manner;
amending Minnesota Statutes 2022, sections 171.174; 609.487, subdivision 5, by
adding a subdivision; 609B.205.

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

Section 1.

Minnesota Statutes 2022, section 171.174, is amended to read:


171.174 REVOCATION; FLEEING PEACE OFFICER OFFENSE.

The commissioner of public safety shall revoke the license of a person upon receipt of
a certificate of conviction showing that the person has in a motor vehicle violated section
609.487, subdivision 3new text begin , 3a,new text end or 4, or an ordinance in conformity with those subdivisions. The
commissioner shall revoke the license as follows:

(1) for the first offense under section 609.487, subdivision 3, for not less than one year;

(2) for the second offense or subsequent offenses under section 609.487, subdivision 3,
for not less than three years;

(3)new text begin for an offense under section 609.487, subdivision 3a, for not less than four years;
new text end

new text begin (4) new text end for an offense under section 609.487, subdivision 4, clause (a), for not less than ten
years;

deleted text begin (4)deleted text end new text begin (5)new text end for an offense under section 609.487, subdivision 4, clause (b), for not less than
seven years; and

deleted text begin (5)deleted text end new text begin (6)new text end for an offense under section 609.487, subdivision 4, clause (c), for not less than
five years.

A limited license under section 171.30 may not be issued for one-half of the revocation
period specified in clauses (1) to deleted text begin (5)deleted text end new text begin (6)new text end and after that period is over only upon and as
recommended by the adjudicating court.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
 new text end

Sec. 2.

Minnesota Statutes 2022, section 609.487, is amended by adding a subdivision to
read:


new text begin Subd. 3a. new text end

new text begin Fleeing an officer; motor vehicle; culpable negligence. new text end

new text begin Whoever, by means
of a motor vehicle, flees or attempts to flee a peace officer who is acting in the lawful
discharge of an official duty, and the perpetrator knows or should reasonably know the same
to be a peace officer, and who in the course of fleeing operates the vehicle in a culpably
negligent manner whereby the perpetrator creates an unreasonable risk and consciously
takes chances of causing death or great bodily harm to another, is guilty of a felony and
may be sentenced to imprisonment for not more than four years or to payment of a fine of
not more than $8,000, or both.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
 new text end

Sec. 3.

Minnesota Statutes 2022, section 609.487, subdivision 5, is amended to read:


Subd. 5.

Revocation; fleeing peace officer offense.

When a person is convicted of
operating a motor vehicle in violation of subdivision 3new text begin , 3a,new text end or 4, or an ordinance in conformity
with those subdivisions, the court shall notify the commissioner of public safety and order
the commissioner to revoke the driver's license of the person.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
 new text end

Sec. 4.

Minnesota Statutes 2022, section 609B.205, is amended to read:


609B.205 FLEEING PEACE OFFICER; REVOCATION.

A person's driver's license is revoked under section 171.174 if that person is convicted
of fleeing a peace officer under section 609.487, subdivision 3new text begin , 3a,new text end or 4. The periods of
revocation vary depending upon the offense of conviction and whether the offense of
conviction is a second or subsequent offense.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
 new text end