HF 3203

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

  1.1                          A bill for an act 
  1.2             relating to crime; increasing penalties for persons 
  1.3             who cause a fatal hit and run accident while driving 
  1.4             recklessly or while impaired; amending Minnesota 
  1.5             Statutes 1998, sections 609.20; and 609.21, 
  1.6             subdivisions 1 and 3. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 609.20, is 
  1.9   amended to read: 
  1.10     609.20 [MANSLAUGHTER IN THE FIRST DEGREE.] 
  1.11     Whoever does any of the following is guilty of manslaughter 
  1.12  in the first degree and may be sentenced to imprisonment for not 
  1.13  more than 15 years or to payment of a fine of not more than 
  1.14  $30,000, or both: 
  1.15     (1) intentionally causes the death of another person in the 
  1.16  heat of passion provoked by such words or acts of another as 
  1.17  would provoke a person of ordinary self-control under like 
  1.18  circumstances, provided that the crying of a child does not 
  1.19  constitute provocation; 
  1.20     (2) violates section 609.224 and causes the death of 
  1.21  another or causes the death of another in committing or 
  1.22  attempting to commit a misdemeanor or gross misdemeanor offense 
  1.23  with such force and violence that death of or great bodily harm 
  1.24  to any person was reasonably foreseeable, and murder in the 
  1.25  first or second degree was not committed thereby; 
  1.26     (3) causes the death of another as a result of operating a 
  2.1   motor vehicle in violation of section 169.121 or 169.13, 
  2.2   subdivision 1, and subsequently violates section 609.21, 
  2.3   subdivision 1, clause (7), or subdivision 3, clause (7); 
  2.4      (4) intentionally causes the death of another person 
  2.5   because the actor is coerced by threats made by someone other 
  2.6   than the actor's coconspirator and which cause the actor 
  2.7   reasonably to believe that the act performed by the actor is the 
  2.8   only means of preventing imminent death to the actor or another; 
  2.9      (4) (5) proximately causes the death of another, without 
  2.10  intent to cause death by, directly or indirectly, unlawfully 
  2.11  selling, giving away, bartering, delivering, exchanging, 
  2.12  distributing, or administering a controlled substance classified 
  2.13  in schedule III, IV, or V; or 
  2.14     (5) (6) causes the death of another in committing or 
  2.15  attempting to commit a violation of section 609.377 (malicious 
  2.16  punishment of a child), and murder in the first, second, or 
  2.17  third degree is not committed thereby. 
  2.18     As used in this section, a "person of ordinary self-control"
  2.19  does not include a person under the influence of intoxicants or 
  2.20  a controlled substance. 
  2.21     Sec. 2.  Minnesota Statutes 1998, section 609.21, 
  2.22  subdivision 1, is amended to read: 
  2.23     Subdivision 1.  [CRIMINAL VEHICULAR HOMICIDE.] A person is 
  2.24  guilty of criminal vehicular homicide resulting in death and may 
  2.25  be sentenced to imprisonment for not more than ten years or to 
  2.26  payment of a fine of not more than $20,000, or both, if the 
  2.27  person causes the death of a human being not constituting murder 
  2.28  or manslaughter as a result of operating a motor vehicle: 
  2.29     (1) in a grossly negligent manner; 
  2.30     (2) in a negligent manner while under the influence of: 
  2.31     (i) alcohol; 
  2.32     (ii) a controlled substance; or 
  2.33     (iii) any combination of those elements; 
  2.34     (3) while having an alcohol concentration of 0.10 or more; 
  2.35     (4) while having an alcohol concentration of 0.10 or more, 
  2.36  as measured within two hours of the time of driving; 
  3.1      (5) in a negligent manner while knowingly under the 
  3.2   influence of a hazardous substance; 
  3.3      (6) in a negligent manner while any amount of a controlled 
  3.4   substance listed in schedule I or II, other than marijuana or 
  3.5   tetrahydrocannabinols, is present in the person's body; or 
  3.6      (7) except as otherwise provided in section 609.20, where 
  3.7   the driver who causes the accident leaves the scene of the 
  3.8   accident in violation of section 169.09, subdivision 1 or 6. 
  3.9      Sec. 3.  Minnesota Statutes 1998, section 609.21, 
  3.10  subdivision 3, is amended to read: 
  3.11     Subd. 3.  [RESULTING IN DEATH TO AN UNBORN CHILD.] A person 
  3.12  is guilty of criminal vehicular operation resulting in death to 
  3.13  an unborn child and may be sentenced to imprisonment for not 
  3.14  more than ten years or to payment of a fine of not more than 
  3.15  $20,000, or both, if the person causes the death of an unborn 
  3.16  child as a result of operating a motor vehicle: 
  3.17     (1) in a grossly negligent manner; 
  3.18     (2) in a negligent manner while under the influence of: 
  3.19     (i) alcohol; 
  3.20     (ii) a controlled substance; or 
  3.21     (iii) any combination of those elements; 
  3.22     (3) while having an alcohol concentration of 0.10 or more; 
  3.23     (4) while having an alcohol concentration of 0.10 or more, 
  3.24  as measured within two hours of the time of driving; 
  3.25     (5) in a negligent manner while knowingly under the 
  3.26  influence of a hazardous substance; 
  3.27     (6) in a negligent manner while any amount of a controlled 
  3.28  substance listed in schedule I or II, other than marijuana or 
  3.29  tetrahydrocannabinols, is present in the person's body; or 
  3.30     (7) except as otherwise provided in section 609.20, where 
  3.31  the driver who causes the accident leaves the scene of the 
  3.32  accident in violation of section 169.09, subdivision 1 or 6.  
  3.33     A prosecution for or conviction of a crime under this 
  3.34  subdivision is not a bar to conviction of or punishment for any 
  3.35  other crime committed by the defendant as part of the same 
  3.36  conduct. 
  4.1      Sec. 4.  [EFFECTIVE DATE.] 
  4.2      Sections 1 to 3 are effective August 1, 2000, and apply to 
  4.3   crimes committed on or after that date.