HF 2936

as introduced - 86th Legislature (2009 - 2010) Posted on 02/11/2010 04:28pm

A bill for an act
relating to crimes; providing penalty for careless driving resulting in death;
providing for revocation of violator's driver's license; amending Minnesota
Statutes 2008, sections 169.13, by adding a subdivision; 171.17, subdivision 1;
171.30, subdivision 2a.

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

Section 1.

Minnesota Statutes 2008, section 169.13, is amended by adding a
subdivision to read:

new text begin Subd. 4. new text end

new text begin Careless driving resulting in death. new text end

new text begin (a) A person who drives, operates, or
halts a vehicle anywhere in this state, carelessly or heedlessly in disregard of the rights or
safety of others, including the driver or passenger of the vehicle, which results in the death
of any person is guilty of a gross misdemeanor.
new text end

new text begin (b) Notwithstanding section 609.035 or 609.04 or other law to the contrary, a
prosecution for or a conviction, juvenile adjudication, or finding of a violation of this
section is not a bar to a conviction, juvenile adjudication, finding of a violation, or
punishment for any other crime, delinquent act, or juvenile petty offense as part of the
same conduct.
new text end

new text begin (c) The court may not stay the execution of the driver's license revocation provisions
of section 171.17, subdivision 1, paragraph (a), clause (9), or section 171.30, subdivision
2a, clause (4), resulting from a violation of paragraph (a).
new text end

Sec. 2.

Minnesota Statutes 2008, section 171.17, subdivision 1, is amended to read:

Subdivision 1.

Offenses.

(a) The department shall immediately revoke the license
of a driver upon receiving a record of the driver's conviction of:

(1) manslaughter resulting from the operation of a motor vehicle or criminal
vehicular homicide or injury under section 609.21;

(2) a violation of section 169A.20 or 609.487;

(3) a felony in the commission of which a motor vehicle was used;

(4) failure to stop and disclose identity and render aid, as required under section
169.09, in the event of a motor vehicle accident, resulting in the death or personal injury
of another;

(5) perjury or the making of a false affidavit or statement to the department under
any law relating to the ownership or operation of a motor vehicle;

(6) except as this section otherwise provides, three charges of violating within a
period of 12 months any of the provisions of chapter 169 or of the rules or municipal
ordinances enacted in conformance with chapter 169, for which the accused may be
punished upon conviction by imprisonment;

(7) two or more violations, within five years, of the misdemeanor offense described
in section 169.444, subdivision 2, paragraph (a);

(8) the gross misdemeanor offense described in section 169.444, subdivision 2,
paragraph (b);

new text begin (9) a violation of an offense described in section 169.13, subdivision 4, which must
be revoked for one year;
new text end

deleted text begin (9) deleted text end new text begin (10) new text end an offense in another state that, if committed in this state, would be grounds
for revoking the driver's license; or

deleted text begin (10) deleted text end new text begin (11) new text end a violation of an applicable speed limit by a person driving in excess of
100 miles per hour deleted text begin . The person's license deleted text end new text begin , which new text end must be revoked for six months f deleted text begin or a
violation of this clause, deleted text end or for a longer minimum period of time applicable under section
169A.53, 169A.54, or 171.174.

(b) The department shall immediately revoke the school bus endorsement of a driver
upon receiving a record of the driver's conviction of the misdemeanor offense described in
section 169.443, subdivision 7.

Sec. 3.

Minnesota Statutes 2008, section 171.30, subdivision 2a, is amended to read:

Subd. 2a.

Other waiting periods.

Notwithstanding subdivision 2, a limited license
shall not be issued for a period of:

(1) 15 days, to a person whose license or privilege has been revoked or suspended
for a violation of section 169A.20, sections 169A.50 to 169A.53, or a statute or ordinance
from another state in conformity with either of those sections;

(2) 90 days, to a person who submitted to testing under sections 169A.50 to 169A.53
if the person's license or privilege has been revoked or suspended for a second violation
within ten years or a third or subsequent violation of section 169A.20, sections 169A.50
to 169A.53, or a statute or ordinance from another state in conformity with either of
those sections;

(3) 180 days, to a person who refused testing under sections 169A.50 to 169A.53
if the person's license or privilege has been revoked or suspended for a second violation
within ten years or a third or subsequent violation of sections 169A.20, 169A.50 to
169A.53, or a statute or ordinance from another state in conformity with either of those
sections; deleted text begin or
deleted text end

new text begin (4) 180 days, to a person whose license or privilege has been revoked for violating
section 169.13, subdivision 4, for committing careless driving resulting in death, or a
statute or ordinance from another state in conformity with that section, and then only upon
the written recommendation of district or juvenile court; or
new text end

deleted text begin (4) deleted text end new text begin (5) new text end one year, to a person whose license or privilege has been revoked or
suspended for committing manslaughter resulting from the operation of a motor vehicle,
committing criminal vehicular homicide or injury under section 609.21, or violating a
statute or ordinance from another state in conformity with either of those offenses.