HF 1733

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; permitting the results of a 
  1.3             preliminary breath test to be admissible in a criminal 
  1.4             prosecution for the crime of implied consent test 
  1.5             refusal; amending Minnesota Statutes 1998, section 
  1.6             169.121, subdivision 6. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 169.121, 
  1.9   subdivision 6, is amended to read: 
  1.10     Subd. 6.  [PRELIMINARY SCREENING TEST.] (a) When a peace 
  1.11  officer has reason to believe from the manner in which a person 
  1.12  is driving, operating, controlling, or acting upon departure 
  1.13  from a motor vehicle, or has driven, operated, or controlled a 
  1.14  motor vehicle, that the driver may be violating or has violated 
  1.15  subdivision 1 or section 169.1211, the officer may require the 
  1.16  driver to provide a sample of the driver's breath for a 
  1.17  preliminary screening test using a device approved by the 
  1.18  commissioner of public safety for this purpose. 
  1.19     (b) The results of this preliminary screening test shall be 
  1.20  used for the purpose of deciding whether an arrest should be 
  1.21  made and whether to require the tests authorized in section 
  1.22  169.123, but shall not be used in any court action except the 
  1.23  following: 
  1.24     (1) to prove that a test was properly required of a person 
  1.25  pursuant to section 169.123, subdivision 2; 
  1.26     (2) in a civil action arising out of the operation or use 
  2.1   of the motor vehicle; 
  2.2      (3) in an action for license reinstatement under section 
  2.3   171.19; 
  2.4      (4) in a prosecution or juvenile court proceeding 
  2.5   concerning a violation of section 169.1218 or 340A.503, 
  2.6   subdivision 1, paragraph (a), clause (2); 
  2.7      (5) in a prosecution under section 169.1211, subdivision 1, 
  2.8   paragraph (b), or 171.30; or 
  2.9      (6) in a prosecution for a violation of a restriction on a 
  2.10  driver's license under section 171.09, which provides that the 
  2.11  license holder may not use or consume any amount of alcohol or a 
  2.12  controlled substance; or 
  2.13     (7) in a prosecution for a violation of subdivision 1a. 
  2.14     (c) Following the screening test additional tests may be 
  2.15  required of the driver pursuant to the provisions of section 
  2.16  169.123. 
  2.17     (d) The driver who refuses to furnish a sample of the 
  2.18  driver's breath is subject to the provisions of section 169.123 
  2.19  unless, in compliance with section 169.123, the driver submits 
  2.20  to a blood, breath or urine test to determine the presence or 
  2.21  amount of alcohol, controlled substances, or hazardous 
  2.22  substances.  
  2.23     Sec. 2.  [EFFECTIVE DATE.] 
  2.24     Section 1 is effective August 1, 1999, and applies to 
  2.25  violations occurring on or after that date.