HF 2050

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; changing the requirements for the 
  1.3             use of electronic alcohol monitoring during probation 
  1.4             following conviction for certain repeat DWI offenses; 
  1.5             amending Minnesota Statutes 1998, section 169.121, 
  1.6             subdivision 3f. 
  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 3f, is amended to read: 
  1.10     Subd. 3f.  [LONG-TERM MONITORING.] (a) This subdivision 
  1.11  applies to a person convicted of: 
  1.12     (1) a violation of subdivision 1 or 1a within five years of 
  1.13  two prior impaired driving convictions, or within ten years of 
  1.14  three or more prior impaired driving convictions; 
  1.15     (2) a second or subsequent violation of subdivision 1 or 
  1.16  1a, if the person is under the age of 19 years; 
  1.17     (3) a violation of subdivision 1 or 1a, while the person's 
  1.18  driver's license or driving privileges have been canceled under 
  1.19  section 171.04, subdivision 1, clause (9); or 
  1.20     (4) a violation of section 169.129. 
  1.21     (b) When the court sentences a person described in 
  1.22  paragraph (a) to a stayed sentence and when electronic 
  1.23  monitoring equipment is available to the court, the court shall 
  1.24  require that the person participate in a program of electronic 
  1.25  alcohol monitoring in addition to any other conditions of 
  1.26  probation or jail time it imposes.  During the first one-third 
  2.1   of the person's probationary term, The electronic alcohol 
  2.2   monitoring must may be either continuous and or intermittent, 
  2.3   and it must be required for a total amount of time equaling at 
  2.4   least one-third of the person's probationary period, as 
  2.5   determined by the court.  The monitoring must involve 
  2.6   measurements of the person's alcohol concentration at least 
  2.7   three times a day.  During the remainder of the person's 
  2.8   probationary term, the electronic alcohol monitoring may be 
  2.9   intermittent, as determined by the court.  The court shall 
  2.10  require partial or total reimbursement from the person for the 
  2.11  cost of the electronic alcohol monitoring, to the extent the 
  2.12  person is able to pay. 
  2.13     Sec. 2.  [EFFECTIVE DATE.] 
  2.14     Section 1 is effective August 1, 1999, and applies to 
  2.15  sentencing occurring on or after that date.