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HF 2766

as introduced - 90th Legislature (2017 - 2018) Posted on 04/09/2018 04:29pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to public safety; modifying the DWI law by including other types of
intoxicating substances and striking references to hazardous substances; amending
Minnesota Statutes 2016, sections 169A.03, by adding a subdivision; 169A.20,
subdivision 1; repealing Minnesota Statutes 2016, section 169A.03, subdivision
9.

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

Section 1.

Minnesota Statutes 2016, section 169A.03, is amended by adding a subdivision
to read:


new text begin Subd. 11a. new text end

new text begin Intoxicating substance. new text end

new text begin "Intoxicating substance" means a drug or chemical,
as those terms are defined in section 151.01, that when introduced into the human body
impairs the central nervous system or impairs the human audio, visual, or mental processes.
The term does not include alcohol or controlled substances.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2016, 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 substance;

(3) the person is deleted text beginknowinglydeleted text end under the influence of deleted text begina hazardousdeleted text end new text beginan intoxicating new text endsubstance
deleted text begin 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
deleted text end;

(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, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, 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, 2018, and applies to crimes
committed on or after that date.
new text end

APPENDIX

Repealed Minnesota Statutes: 18-5415

169A.03 DEFINITIONS.

Subd. 9.

Hazardous substance.

"Hazardous substance" means any chemical or chemical compound that is listed as a hazardous substance in rules adopted under chapter 182 (occupational safety and health).