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HF 1719

as introduced - 87th Legislature (2011 - 2012) Posted on 03/05/2012 03:50pm

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

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A bill for an act
 relating to public safety; adding the term drug and modifying the term hazardous
substance for driving while impaired crimes; amending Minnesota Statutes 2010,
sections 169A.03, by adding a subdivision; 169A.20, subdivisions 1, 1a, 1b, 1c;
repealing Minnesota Statutes 2010, section 169A.03, subdivision 9.

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

Section 1.

Minnesota Statutes 2010, section 169A.03, is amended by adding a
subdivision to read:


new text begin Subd. 7a. new text end

new text begin Drug. new text end

new text begin "Drug" has the meaning given in section 152.01, subdivision 2.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012, and applies to crimes
committed on or after that date.
 new text end

Sec. 2.

Minnesota Statutes 2010, section 169A.20, subdivision 1, is amended to read:


Subdivision 1.

Driving while impaired crime; motor vehicle.

It is a crime for
any person to drive, operate, or be in physical control of any motor vehicle, as defined
in section 169A.03, subdivision 15, except for motorboats in operation and off-road
recreational vehicles, within this state or on any boundary water of this state when:

(1) the person is under the influence of alcohol;

(2) the person is under the influence of a controlled substancenew text begin or a drugnew text end ;

(3) the person is knowingly under the influence of a deleted text begin hazardousdeleted text end substance that
affects the nervous system, brain, or muscles of the person so as to substantially impair
the person's ability to drive or operate the motor vehicle;

(4) the person is under the influence of a combination of any two or more of the
elements named in clauses (1) to (3);

(5) the person's alcohol concentration at the time, or as measured within two hours
of the time, of driving, operating, or being in physical control of the motor vehicle is
0.08 or more;

(6) the vehicle is a commercial motor vehicle and the person's alcohol concentration
at the time, or as measured within two hours of the time, of driving, operating, or being in
physical control of the commercial motor vehicle is 0.04 or more; or

(7) the person's body contains any amount of a controlled substance listed in
Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012, and applies to crimes
committed on or after that date.
 new text end

Sec. 3.

Minnesota Statutes 2010, section 169A.20, subdivision 1a, is amended to read:


Subd. 1a.

Driving while impaired crime; motorboat in operation.

It is a crime
for any person to operate or be in physical control of a motorboat in operation on any
waters or boundary water of this state when:

(1) the person is under the influence of alcohol;

(2) the person is under the influence of a controlled substancenew text begin or a drugnew text end ;

(3) the person is knowingly under the influence of a deleted text begin hazardousdeleted text end substance that affects
the nervous system, brain, or muscles of the person so as to substantially impair the
person's ability to drive or operate the motorboat;

(4) the person is under the influence of a combination of any two or more of the
elements named in clauses (1) to (3);

(5) the person's alcohol concentration at the time, or as measured within two hours
of the time, of driving, operating, or being in physical control of the motorboat is 0.08 or
more; or

(6) the person's body contains any amount of a controlled substance listed in
Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012, and applies to crimes
committed on or after that date.
 new text end

Sec. 4.

Minnesota Statutes 2010, section 169A.20, subdivision 1b, is amended to read:


Subd. 1b.

Driving while impaired crime; snowmobile and all-terrain vehicle.

It
is a crime for any person to operate or be in physical control of a snowmobile as defined in
section 84.81, subdivision 3, or all-terrain vehicle as defined in section 84.92, subdivision
8, anywhere in this state or on the ice of any boundary water of this state when:

(1) the person is under the influence of alcohol;

(2) the person is under the influence of a controlled substancenew text begin or a drugnew text end ;

(3) the person is knowingly under the influence of a deleted text begin hazardousdeleted text end substance that affects
the nervous system, brain, or muscles of the person so as to substantially impair the
person's ability to drive or operate the snowmobile or all-terrain vehicle;

(4) the person is under the influence of a combination of any two or more of the
elements named in clauses (1) to (3);

(5) the person's alcohol concentration at the time, or as measured within two hours
of the time, of driving, operating, or being in physical control of the snowmobile or
all-terrain vehicle is 0.08 or more; or

(6) the person's body contains any amount of a controlled substance listed in
Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012, and applies to crimes
committed on or after that date.
 new text end

Sec. 5.

Minnesota Statutes 2010, section 169A.20, subdivision 1c, is amended to read:


Subd. 1c.

Driving while impaired crime; off-highway motorcycle and off-road
vehicle.

It is a crime for any person to operate or be in physical control of any off-highway
motorcycle as defined in section 84.787, subdivision 7, or any off-road vehicle as defined
in section 84.797, subdivision 7, anywhere in this state or on the ice of any boundary
water of this state when:

(1) the person is under the influence of alcohol;

(2) the person is under the influence of a controlled substancenew text begin or a drugnew text end ;

(3) the person is knowingly under the influence of a deleted text begin hazardousdeleted text end substance that affects
the nervous system, brain, or muscles of the person so as to substantially impair the
person's ability to drive or operate the off-highway motorcycle or off-road vehicle;

(4) the person is under the influence of a combination of any two or more of the
elements named in clauses (1) to (3);

(5) the person's alcohol concentration at the time, or as measured within two hours of
the time, of driving, operating, or being in physical control of the off-highway motorcycle
or off-road vehicle is 0.08 or more; or

(6) the person's body contains any amount of a controlled substance listed in
Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012, and applies to crimes
committed on or after that date.
 new text end

Sec. 6. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, section 169A.03, subdivision 9, new text end new text begin is repealed.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012.
 new text end