HF 3126

as introduced - 88th Legislature (2013 - 2014) Posted on 03/17/2014 01:59pm

A bill for an act
relating to public safety; creating an enhanced penalty for criminal vehicular
homicide occurring within ten years of a qualified offense; amending Minnesota
Statutes 2012, section 609.21, subdivisions 1a, 5, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2012, section 609.21, subdivision 1a, is amended to read:

Subd. 1a.

Criminal penalties.

(a) new text begin Except as provided in subdivision 1c, new text end a person
who violates subdivision 1 and causes the death of a human being not constituting murder
or manslaughter or the death of an unborn child may be sentenced to imprisonment for not
more than ten years or to payment of a fine of not more than $20,000, or both.

(b) A person who violates subdivision 1 and causes great bodily harm to another not
constituting attempted murder or assault or great bodily harm to an unborn child who is
subsequently born alive may be sentenced to imprisonment for not more than five years or
to payment of a fine of not more than $10,000, or both.

(c) A person who violates subdivision 1 and causes substantial bodily harm to
another may be sentenced to imprisonment for not more than three years or to payment of
a fine of not more than $10,000, or both.

(d) A person who violates subdivision 1 and causes bodily harm to another may be
sentenced to imprisonment for not more than one year or to payment of a fine of not
more than $3,000, or both.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2012, section 609.21, is amended by adding a subdivision
to read:

new text begin Subd. 1c. new text end

new text begin Enhanced penalty. new text end

new text begin If a person is sentenced under subdivision 1a,
paragraph (a), for a violation of subdivision 1, clauses (2) to (6), occurring within ten years
of a qualified prior driving offense, the statutory maximum sentence of imprisonment is
15 years.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2012, section 609.21, subdivision 5, is amended to read:

Subd. 5.

Definitions.

For purposes of this section, the terms defined in this
subdivision have the meanings given them.

(a) "Motor vehicle" has the meaning given in section 609.52, subdivision 1, and
includes attached trailers.

(b) "Controlled substance" has the meaning given in section 152.01, subdivision 4.

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

new text begin (d) "Qualified prior driving offense" includes a prior conviction:
new text end

new text begin (1) for a violation of section 169A.20 under the circumstances described in section
169A.24, 169A.25, or 169A.26;
new text end

new text begin (2) for a violation of section 169A.20 under the circumstances described in section
169A.27 and involving damage to property;
new text end

new text begin (3) for a violation of section 169.13 involving damage to property;
new text end

new text begin (4) under subdivision 1, clauses (2) to (6); or
new text end

new text begin (5) under Minnesota Statutes 2006, section 609.21, subdivision 1, clauses (2) to (6);
2, clauses (2) to (6); 2a, clauses (2) to (6); 2b, clauses (2) to (6); 3, clauses (2) to (6); or 4,
clauses (2) to (6).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and applies to crimes
committed on or after that date.
new text end