HF 2268

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

  1.1                          A bill for an act 
  1.2             relating to motor vehicles; criminal vehicular 
  1.3             homicide; specifying that operation of a motor vehicle 
  1.4             at certain speeds constitutes operation in a grossly 
  1.5             negligent manner; amending Minnesota Statutes 1998, 
  1.6             section 609.21, subdivision 1. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 609.21, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [CRIMINAL VEHICULAR HOMICIDE.] (a) A person 
  1.11  is guilty of criminal vehicular homicide resulting in death and 
  1.12  may be sentenced to imprisonment for not more than ten years or 
  1.13  to payment of a fine of not more than $20,000, or both, if the 
  1.14  person causes the death of a human being not constituting murder 
  1.15  or manslaughter as a result of operating a motor vehicle: 
  1.16     (1) in a grossly negligent manner; 
  1.17     (2) in a negligent manner while under the influence of: 
  1.18     (i) alcohol; 
  1.19     (ii) a controlled substance; or 
  1.20     (iii) any combination of those elements; 
  1.21     (3) while having an alcohol concentration of 0.10 or more; 
  1.22     (4) while having an alcohol concentration of 0.10 or more, 
  1.23  as measured within two hours of the time of driving; 
  1.24     (5) in a negligent manner while knowingly under the 
  1.25  influence of a hazardous substance; 
  1.26     (6) in a negligent manner while any amount of a controlled 
  2.1   substance listed in schedule I or II, other than marijuana or 
  2.2   tetrahydrocannabinols, is present in the person's body; or 
  2.3      (7) where the driver who causes the accident leaves the 
  2.4   scene of the accident in violation of section 169.09, 
  2.5   subdivision 1 or 6. 
  2.6      (b) For purposes of paragraph (a), the operation of a motor 
  2.7   vehicle at a rate of speed that is more than 15 miles per hour 
  2.8   above a speed limit prescribed in section 169.14, subdivision 2, 
  2.9   paragraph (a), clauses (1) through (5), or a speed limit 
  2.10  prescribed under section 169.14, subdivision 4 or 5, that is 55 
  2.11  miles per hour or higher, constitutes operation of a motor 
  2.12  vehicle in a grossly negligent manner. 
  2.13     Sec. 2.  [EFFECTIVE DATE.] 
  2.14     Section 1 is effective August 1, 1999, and applies to 
  2.15  violations committed on or after that date.