HF 1342

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

  1.1                          A bill for an act 
  1.2             relating to crime prevention; requiring that chemical 
  1.3             use assessment be conducted and assessment report 
  1.4             submitted for certain alcohol-related violations of 
  1.5             law by underaged persons; amending Minnesota Statutes 
  1.6             1998, section 169.126, subdivisions 1 and 2. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 169.126, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [REQUIREMENT; FORM.] (a) Except as provided 
  1.11  in paragraph (b), a chemical use assessment shall be conducted 
  1.12  and an assessment report submitted to the court and to the 
  1.13  department of public safety by the county agency administering 
  1.14  the alcohol safety program when: 
  1.15     (a) (1) the defendant is convicted of an offense described 
  1.16  in section 169.121, 169.1211, 169.129, or 360.0752; or 
  1.17     (b) (2) the defendant is convicted of or adjudicated for an 
  1.18  offense described in section 169.1218 or 340A.503, subdivision 
  1.19  1, clause (2); 2, clause (2); 3; 4; or 5; or 
  1.20     (3) the defendant is arrested for committing an offense 
  1.21  described in section 169.121 or 169.129 but is convicted of 
  1.22  another offense arising out of the circumstances surrounding the 
  1.23  arrest.  
  1.24     (b) An assessment report for a person convicted of or 
  1.25  adjudicated for an offense described in section 340A.503, 
  1.26  subdivision 1, clause (2); 2, clause (2); 3; 4; or 5, must be 
  2.1   submitted to the department of public safety only if the offense 
  2.2   involved the use of a motor vehicle. 
  2.3      Sec. 2.  Minnesota Statutes 1998, section 169.126, 
  2.4   subdivision 2, is amended to read: 
  2.5      Subd. 2.  [REPORT.] (a) The assessment report shall be on a 
  2.6   form prescribed by the commissioner of public safety and shall 
  2.7   contain an evaluation of the convicted or adjudicated defendant 
  2.8   concerning the defendant's prior traffic record, characteristics 
  2.9   and history of alcohol and chemical use problems, and 
  2.10  amenability to rehabilitation through the alcohol safety 
  2.11  program.  The report shall be classified as private data on 
  2.12  individuals as defined in section 13.02, subdivision 12. 
  2.13     (b) The assessment report must include: 
  2.14     (1) a recommended level of care for the offender in 
  2.15  accordance with the criteria contained in rules adopted by the 
  2.16  commissioner of human services under section 254A.03, 
  2.17  subdivision 3; 
  2.18     (2) recommendations for other appropriate remedial action 
  2.19  or care, that may consist of educational programs, one-on-one 
  2.20  counseling, a program or type of treatment that addresses mental 
  2.21  health concerns, or a combination of them; or 
  2.22     (3) a specific explanation why no level of care or action 
  2.23  was recommended. 
  2.24     Sec. 3.  [EFFECTIVE DATE.] 
  2.25     Sections 1 and 2 are effective August 1, 1999, for acts and 
  2.26  crimes committed on or after that date.