HF 1809

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; clarifying the impaired 
  1.3             driving consecutive sentencing provisions; amending 
  1.4             Minnesota Statutes 2000, sections 169A.28, subdivision 
  1.5             2; 609.035, subdivision 2. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 169A.28, 
  1.8   subdivision 2, is amended to read: 
  1.9      Subd. 2.  [PERMISSIVE CONSECUTIVE SENTENCES; MULTIPLE 
  1.10  OFFENSES.] (a) When a person is being sentenced for a violation 
  1.11  of a provision listed in paragraph (e), the court may sentence 
  1.12  the person to a consecutive term of imprisonment for a violation 
  1.13  of any other provision listed in paragraph (e), notwithstanding 
  1.14  the fact that the offenses arose out of the same course of 
  1.15  conduct, subject to the limitation on consecutive sentences 
  1.16  contained in section 609.15, subdivision 2, and except as 
  1.17  provided in paragraphs (b) and (c). 
  1.18     (b) When a person is being sentenced for a violation of 
  1.19  section 171.20 (operation after revocation, suspension, 
  1.20  cancellation, or disqualification), 171.24 (driving without 
  1.21  valid license), or 171.30 (violation of condition of limited 
  1.22  license), the court may not impose a consecutive sentence for 
  1.23  another violation of a provision in chapter 171 (drivers' 
  1.24  licenses and training schools). 
  1.25     (c) When a person is being sentenced for a violation of 
  2.1   section 169.791 (failure to provide proof of insurance) or 
  2.2   169.797 (failure to provide vehicle insurance), the court may 
  2.3   not impose a consecutive sentence for another violation of a 
  2.4   provision of sections 169.79 to 169.7995. 
  2.5      (d) This subdivision does not limit the authority of the 
  2.6   court to impose consecutive sentences for crimes arising on 
  2.7   different dates or to impose a consecutive sentence when a 
  2.8   person is being sentenced for a crime and is also in violation 
  2.9   of the conditions of a stayed or otherwise deferred sentence 
  2.10  under section 609.135 (stay of imposition or execution of 
  2.11  sentence). 
  2.12     (e) This subdivision applies to misdemeanor and gross 
  2.13  misdemeanor violations of the following if the offender has two 
  2.14  or more prior impaired driving convictions within the past ten 
  2.15  years: 
  2.16     (1) section 169A.20, subdivision 1 (driving while impaired; 
  2.17  impaired driving offenses); 
  2.18     (2) section 169A.20, subdivision 2 (driving while impaired; 
  2.19  test refusal offense); 
  2.20     (3) section 169.791; 
  2.21     (3) (4) section 169.797; 
  2.22     (4) (5) section 171.20, subdivision 2 (operation after 
  2.23  revocation, suspension, cancellation, or disqualification); 
  2.24     (5) (6) section 171.24; and 
  2.25     (6) (7) section 171.30. 
  2.26     Sec. 2.  Minnesota Statutes 2000, section 609.035, 
  2.27  subdivision 2, is amended to read: 
  2.28     Subd. 2.  (a) When a person is being sentenced for a 
  2.29  violation of a provision listed in paragraph (e), the court may 
  2.30  sentence the person to a consecutive term of imprisonment for a 
  2.31  violation of any other provision listed in paragraph (e), 
  2.32  notwithstanding the fact that the offenses arose out of the same 
  2.33  course of conduct, subject to the limitation on consecutive 
  2.34  sentences contained in section 609.15, subdivision 2, and except 
  2.35  as provided in paragraphs (b), (c), and (f) of this subdivision. 
  2.36     (b) When a person is being sentenced for a violation of 
  3.1   section 171.20, 171.24, or 171.30, the court may not impose a 
  3.2   consecutive sentence for another violation of a provision in 
  3.3   chapter 171. 
  3.4      (c) When a person is being sentenced for a violation of 
  3.5   section 169.791 or 169.797, the court may not impose a 
  3.6   consecutive sentence for another violation of a provision of 
  3.7   sections 169.79 to 169.7995. 
  3.8      (d) This subdivision does not limit the authority of the 
  3.9   court to impose consecutive sentences for crimes arising on 
  3.10  different dates or to impose a consecutive sentence when a 
  3.11  person is being sentenced for a crime and is also in violation 
  3.12  of the conditions of a stayed or otherwise deferred sentence 
  3.13  under section 609.135. 
  3.14     (e) This subdivision applies to misdemeanor and gross 
  3.15  misdemeanor violations of the following if the offender has two 
  3.16  or more prior impaired driving convictions as defined in section 
  3.17  169A.03 within the past ten years: 
  3.18     (1) section 169A.20, subdivision 1, driving while impaired; 
  3.19     (2) section 169A.20, subdivision 2, test refusal; 
  3.20     (3) section 169.791, failure to provide proof of insurance; 
  3.21     (3) (4) section 169.797, failure to provide vehicle 
  3.22  insurance; 
  3.23     (4) (5) section 171.20, subdivision 2, operation after 
  3.24  revocation, suspension, cancellation, or disqualification; 
  3.25     (5) (6) section 171.24, driving without valid license; and 
  3.26     (6) (7) section 171.30, violation of condition of limited 
  3.27  license. 
  3.28     (f) When a court is sentencing an offender for a violation 
  3.29  of section 169A.20 and a violation of an offense listed in 
  3.30  paragraph (e), and the offender has five or more qualified prior 
  3.31  impaired driving incidents, as defined in section 169A.03, 
  3.32  within the past ten years, the court shall sentence the offender 
  3.33  to serve consecutive sentences for the offenses, notwithstanding 
  3.34  the fact that the offenses arose out of the same course of 
  3.35  conduct. 
  3.36     Sec. 3.  [EFFECTIVE DATE.] 
  4.1      Sections 1 and 2 are effective the day following final 
  4.2   enactment and apply to crimes committed on or after that date.