Minnesota Legislature
HF 3545
as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to crimes; establishing staggered sentencing 1.3 program for DWI offenders; amending Minnesota Statutes 1.4 2000, sections 169A.03, subdivisions 3, 21; 169A.20, 1.5 subdivision 2; 169A.44; 609.135, subdivision 2; 1.6 Minnesota Statutes 2001 Supplement, sections 169A.275, 1.7 subdivisions 3, 4, and by adding a subdivision; 1.8 169A.40, subdivision 3; 169A.54, subdivision 6; 1.9 169A.63, subdivision 1; proposing coding for new law 1.10 in Minnesota Statutes, chapter 169A. 1.11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.12 Section 1. Minnesota Statutes 2000, section 169A.03, 1.13 subdivision 3, is amended to read: 1.14 Subd. 3. [AGGRAVATING FACTOR.] "Aggravating factor" 1.15 includes: 1.16 (1) a qualified prior impaired driving incident within the 1.17 ten years immediately preceding the current offense; 1.18 (2) having an alcohol concentration of 0.20 or more as 1.19 measured at the time, or within two hours of the time, of the 1.20 offense; or 1.21 (3) having a child under the age of 16 in the motor vehicle 1.22 at the time of the offense if the child is more than 36 months 1.23 younger than the offender. 1.24 [EFFECTIVE DATE.] This section is effective the day 1.25 following final enactment. 1.26 Sec. 2. Minnesota Statutes 2000, section 169A.03, 1.27 subdivision 21, is amended to read: 1.28 Subd. 21. [PRIOR IMPAIRED DRIVING-RELATED LOSS OF 2.1 LICENSE.] (a) "Prior impaired driving-related loss of license" 2.2 includes a driver's license suspension, revocation, 2.3 cancellation, denial, or disqualification under: 2.4 (1) section 169A.31 (alcohol-related school bus or Head 2.5 Start bus driving); 169A.50 to 169A.53 (implied consent law); 2.6 169A.54 (impaired driving convictions and adjudications; 2.7 administrative penalties); 171.04 (persons not eligible for 2.8 drivers' licenses); 171.14 (cancellation); 171.16 (court may 2.9 recommend suspension); 171.165 (commercial driver's license, 2.10 disqualification); 171.17 (revocation); or 171.18 (suspension); 2.11 because of an alcohol-related incident; 2.12 (2) section 609.21 (criminal vehicular homicide and injury, 2.13 substance-related offenses), subdivision 1, clauses (2) to (6); 2.14 subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 2.15 to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 2.16 clauses (2) to (6); or subdivision 4, clauses (2) to (6); 2.17 (3) Minnesota Statutes 1998, section 169.121 (driver under 2.18 influence of alcohol or controlled substance); 169.1211 2.19 (alcohol-related driving by commercial vehicle drivers); or 2.20 169.123 (chemical tests for intoxication); or 2.21 (4) an ordinance from this state, or a statute or ordinance 2.22 from another state, in conformity with any provision listed in 2.23 clause (1), (2), or (3). 2.24 (b) "Prior impaired driving-related loss of license" also 2.25 includes the revocation of snowmobile or all-terrain vehicle 2.26 operating privileges under section 84.911 (chemical testing), or 2.27 motorboat operating privileges under section 86B.335 (testing 2.28 for alcohol and controlled substances), for violations that 2.29 occurred on or after August 1, 1994; the revocation of 2.30 snowmobile or all-terrain vehicle operating privileges under 2.31 section 84.91 (operation of snowmobiles and all-terrain vehicles 2.32 by persons under the influence of alcohol or controlled 2.33 substances); or the revocation of motorboat operating privileges 2.34 under section 86B.331 (operation while using alcohol or drugs or 2.35 with a physical or mental disability). 2.36 (c) "Prior impaired driving-related loss of license" does 3.1 not include any license action stemming solely from a violation 3.2 of section 169A.33 (underage drinking and driving), 171.09 3.3 (conditions of a restricted license), or 340A.503 (persons under 3.4 the age of 21, illegal acts). 3.5 [EFFECTIVE DATE.] This section is effective the day 3.6 following final enactment. 3.7 Sec. 3. Minnesota Statutes 2000, section 169A.20, 3.8 subdivision 2, is amended to read: 3.9 Subd. 2. [REFUSAL TO SUBMIT TO CHEMICAL TEST CRIME.] It is 3.10 a crime for any person to refuse to submit to a chemical test of 3.11 the person's blood, breath, or urine under section 169A.51 3.12 (chemical tests for intoxication), or 169A.52 (test refusal or 3.13 failure; revocation of license). 3.14 [EFFECTIVE DATE.] This section is effective the day 3.15 following final enactment. 3.16 Sec. 4. Minnesota Statutes 2001 Supplement, section 3.17 169A.275, subdivision 3, is amended to read: 3.18 Subd. 3. [FOURTH OFFENSE.] (a) Unless the court commits 3.19 the person to the custody of the commissioner of corrections as 3.20 provided in section 169A.276 (mandatory penalties; felony 3.21 violations), the court shall sentence a person who is convicted 3.22 of a violation of section 169A.20 (driving while impaired) 3.23 within ten years of the first of three qualified prior impaired 3.24 driving incidents to either: 3.25 (1) a minimum of 180 days of incarceration, at least 30 3.26 days of which must be served consecutively in a local 3.27 correctional facility;or3.28 (2) a program of intensive supervision of the type 3.29 described in section 169A.74 (pilot programs of intensive 3.30 probation for repeat DWI offenders) that requires the person to 3.31 consecutively serve at least six days in a local correctional 3.32 facility; or 3.33 (3) a program of staggered sentencing involving a minimum 3.34 of 180 days of incarceration, at least 30 days of which must be 3.35 served consecutively in a local correctional facility. 3.36 (b) The court may order that the person serve not more than 4.1 150 days of the minimum penalty under paragraph (a), clause (1), 4.2 on home detention or in an intensive probation program described 4.3 in section 169A.74. Notwithstanding section 609.135, the 4.4 penalties in this subdivision must be imposed and executed. 4.5 [EFFECTIVE DATE.] This section is effective the day 4.6 following final enactment. 4.7 Sec. 5. Minnesota Statutes 2001 Supplement, section 4.8 169A.275, subdivision 4, is amended to read: 4.9 Subd. 4. [FIFTH OFFENSE OR MORE.] (a) Unless the court 4.10 commits the person to the custody of the commissioner of 4.11 corrections as provided in section 169A.276 (mandatory 4.12 penalties; felony violations), the court shall sentence a person 4.13 who is convicted of a violation of section 169A.20 (driving 4.14 while impaired) within ten years of the first of four or more 4.15 qualified prior impaired driving incidents to either: 4.16 (1) a minimum of one year of incarceration, at least 60 4.17 days of which must be served consecutively in a local 4.18 correctional facility;or4.19 (2) a program of intensive supervision of the type 4.20 described in section 169A.74 (pilot programs of intensive 4.21 probation for repeat DWI offenders) that requires the person to 4.22 consecutively serve at least six days in a local correctional 4.23 facility; 4.24 (3) a program of staggered sentencing involving a minimum 4.25 of one year of incarceration, at least 60 days of which must be 4.26 served consecutively in a local correctional facility. 4.27 (b) The court may order that the person serve the remainder 4.28 of the minimum penalty under paragraph (a), clause (1), on 4.29 intensive probation using an electronic monitoring system or, if 4.30 such a system is unavailable, on home detention. 4.31 Notwithstanding section 609.135, the penalties in this 4.32 subdivision must be imposed and executed. 4.33 [EFFECTIVE DATE.] This section is effective the day 4.34 following final enactment. 4.35 Sec. 6. Minnesota Statutes 2001 Supplement, section 4.36 169A.275, is amended by adding a subdivision to read: 5.1 Subd. 6. [STAGGERED SENTENCING DEFINED.] For purposes of 5.2 this section, "staggered sentencing" means a sentencing 5.3 procedure in which the court sentences a person convicted of a 5.4 gross misdemeanor or felony violation of section 169A.20 to an 5.5 executed sentence of incarceration in a local jail, to be served 5.6 in equal segments in three or more consecutive years. Before 5.7 reporting for any subsequent segment of incarceration after the 5.8 first segment, the offender may bring a motion before the court 5.9 requesting to have that segment of incarceration stayed. The 5.10 motion must be brought before the same judge who initially 5.11 pronounced the sentence. Before bringing the motion, the 5.12 offender shall participate for 30 days in a remote electronic 5.13 alcohol-monitoring program under the direction of the person's 5.14 probation agent. The court shall consider those 5.15 alcohol-monitoring results and the recommendation of the 5.16 probation agent, together with any other factors deemed relevant 5.17 by the court, in deciding whether to modify the sentence by 5.18 ordering a stay of the next following segment of incarceration 5.19 that the court had initially ordered to be executed. When the 5.20 court stays a segment of incarceration that it has previously 5.21 ordered to be executed, that portion of the sentence must be 5.22 added to the total number of days the defendant is subject to 5.23 serving in custody if the person subsequently violates any of 5.24 the conditions of that stay of execution. 5.25 [EFFECTIVE DATE.] This section is effective the day 5.26 following final enactment. 5.27 Sec. 7. Minnesota Statutes 2001 Supplement, section 5.28 169A.40, subdivision 3, is amended to read: 5.29 Subd. 3. [FIRST-DEGREE AND SECOND-DEGREECERTAIN DWI 5.30 OFFENDERS; CUSTODIAL ARREST.] Notwithstanding rule 6.01 of the 5.31 Rules of Criminal Procedure, a peace officer acting without a 5.32 warrant who has decided to proceed with the prosecution of a 5.33 person for violating section 169A.20 (driving while impaired), 5.34 shall arrest and take the person into custody, and the person 5.35 must be detained until the person's first court appearance, if 5.36 the officer has reason to believe that the violation occurred: 6.1 (1) under the circumstances described in section 169A.24 6.2 (first-degree driving while impaired) or 169A.25 (second-degree 6.3 driving while impaired).; 6.4 (2) under the circumstances described in section 169A.26 6.5 (third degree driving while impaired) if the person is under the 6.6 age of 19; 6.7 (3) in the presence of an aggravating factor described in 6.8 section 169A.03, subdivision 3, clause (2) or (3); or 6.9 (4) while the person's driver's license or driving 6.10 privileges have been canceled under section 171.04, subdivision 6.11 1, clause (10) (persons not eligible for drivers' licenses, 6.12 inimical to public safety). 6.13The person shall be detained until the person's first court6.14appearance.6.15 [EFFECTIVE DATE.] This section is effective the day 6.16 following final enactment. 6.17 Sec. 8. Minnesota Statutes 2000, section 169A.44, is 6.18 amended to read: 6.19 169A.44 [CONDITIONAL RELEASE.] 6.20 (a) This section applies to a person charged with:6.21(1)a violation of section 169A.20 (driving while impaired) 6.22within ten years of the first of two or more prior impaired6.23driving convictions;6.24(2) a violation of section 169A.20, if the person is under6.25the age of 19 years and has previously been convicted of6.26violating section 169A.20 or Minnesota Statutes 1998, section6.27169.121 (driver under the influence of alcohol or controlled6.28substance);6.29(3) a violation of section 169A.20, while the person's6.30driver's license or driving privileges have been canceled under6.31section 171.04, subdivision 1, clause (10) (persons not eligible6.32for drivers' licenses, inimical to public safety); or6.33(4) a violation of section 169A.20 by a person having an6.34alcohol concentration of 0.20 or more as measured at the time,6.35or within two hours of the time, of the offenseunder 6.36 circumstances described in section 169A.40, subdivision 3. 7.1 (b) Unless maximum bail is imposed under section 629.471, a 7.2 person described in paragraph (a) may be released from detention 7.3 only if the person agrees to: 7.4 (1) abstain from alcohol; and 7.5 (2) submit to a program of electronic alcohol monitoring, 7.6 involving at least daily measurements of the person's alcohol 7.7 concentration, pending resolution of the charge. 7.8 Clause (2) applies only when electronic alcohol monitoring 7.9 equipment is available to the court. The court shall require 7.10 partial or total reimbursement from the person for the cost of 7.11 the electronic alcohol monitoring, to the extent the person is 7.12 able to pay. 7.13 (c) Unless maximum bail is imposed under section 629.471, 7.14 subdivision 2, a person charged with violating section 169A.20 7.15 within ten years of the first of three or more prior impaired 7.16 driving convictions may be released from detention only if the 7.17 following conditions are imposed in addition to the condition 7.18 imposed in paragraph (b), if applicable, and any other 7.19 conditions of release ordered by the court: 7.20 (1) the impoundment of the registration plates of the 7.21 vehicle used to commit the violation, unless already impounded; 7.22 (2) if the vehicle used to commit the violation was an 7.23 off-road recreational vehicle or a motorboat, the impoundment of 7.24 the off-road recreational vehicle or motorboat; 7.25 (3) a requirement that the person report weekly to a 7.26 probation agent; 7.27 (4) a requirement that the person abstain from consumption 7.28 of alcohol and controlled substances and submit to random 7.29 alcohol tests or urine analyses at least weekly; and 7.30 (5) a requirement that, if convicted, the person reimburse 7.31 the court or county for the total cost of these services. 7.32 [EFFECTIVE DATE.] This section is effective the day 7.33 following final enactment. 7.34 Sec. 9. Minnesota Statutes 2001 Supplement, section 7.35 169A.54, subdivision 6, is amended to read: 7.36 Subd. 6. [APPLICABILITY OF IMPLIED CONSENT REVOCATION.] 8.1 (a) Any person whose license has been revoked pursuant to 8.2 section 169A.52 (license revocation for test failure or refusal) 8.3 as the result of the same incident, and who does not have a 8.4 qualified prior impaired driving incident, is subject to the 8.5 mandatory revocation provisions of subdivision 1, clause (1) or 8.6 (2), in lieu of the mandatory revocation provisions of section 8.7 169A.52. 8.8 (b) Paragraph (a) does not apply to: 8.9 (1) a person whose license has been revoked under 8.10 subdivision 2 (driving while impaired by person under age 8.11 21); or 8.12 (2) a person whose driver's license has been revoked for, 8.13 or who is charged withviolating, a violation of section 169A.20 8.14 (driving while impaired) withthean aggravating factorof8.15having an alcohol concentration of 0.20 or more as measured at8.16the time, or within two hours of the time, of the offense, and8.17the person is convicted of that offense or any other offense8.18described in section 169A.20 arising out of the same set of8.19circumstances; or8.20(3) a person charged with violating section 169A.208.21(driving while impaired) with the aggravating factor of having a8.22child under the age of 16 in the vehicle and the child is more8.23than 36 months younger than the offender, and the person is8.24convicted of that offense or any other offense described in8.25section 169A.20 arising out of the same set of8.26circumstancesdescribed in section 169A.03, subdivision 3, 8.27 clause (2) or (3). 8.28 [EFFECTIVE DATE.] This section is effective the day 8.29 following final enactment. 8.30 Sec. 10. Minnesota Statutes 2001 Supplement, section 8.31 169A.63, subdivision 1, is amended to read: 8.32 Subdivision 1. [DEFINITIONS.] (a) As used in this section, 8.33 the following terms have the meanings given them. 8.34 (b) "Appropriate agency" means a law enforcement agency 8.35 that has the authority to make an arrest for a violation of a 8.36 designated offense or to require a test under section 169A.51 9.1 (chemical tests for intoxication). 9.2 (c) "Designated license revocation" includes a license 9.3 revocation under section 169A.52 (license revocation for test 9.4 failure or refusal) or a license disqualification under section 9.5 171.165 (commercial driver's license disqualification) resulting 9.6 from a violation of section 169A.52; within ten years of the 9.7 first of two or more qualified prior impaired driving incidents. 9.8 (d) "Designated offense" includes: 9.9 (1) a violation of section 169A.20 (driving while impaired) 9.10 under the circumstances described in section 169A.24 9.11 (first-degree driving while impaired) or 169A.25 (second-degree 9.12 driving while impaired); or 9.13 (2) a violation of section 169A.20 or an ordinance in 9.14 conformity with it: 9.15 (i) by a person whose driver's license or driving 9.16 privileges have been canceled as inimical to public safety under 9.17 section 171.04, subdivision 1, clause (10); or 9.18 (ii) by a person who is subject to a restriction on the 9.19 person's driver's license under section 171.09 (commissioner's 9.20 license restrictions), which provides that the person may not 9.21 use or consume any amount of alcohol or a controlled substance. 9.22 "Designated offense" does not include a violation of this 9.23 chapter or an ordinance in conformity with it by a person who 9.24 has no qualified prior impaired driving incident. 9.25 (e) "Motor vehicle" and "vehicle" do not include a vehicle 9.26 which is stolen or taken in violation of the law. 9.27 (f) "Owner" means the registered owner of the motor vehicle 9.28 according to records of the department of public safety and 9.29 includes a lessee of a motor vehicle if the lease agreement has 9.30 a term of 180 days or more. 9.31 (g) "Prosecuting authority" means the attorney in the 9.32 jurisdiction in which the designated offense occurred who is 9.33 responsible for prosecuting violations of a designated offense 9.34 or a designee. If a state agency initiated the forfeiture, and 9.35 the attorney responsible for prosecuting the designated offense 9.36 declines to pursue forfeiture, the attorney general's office or 10.1 its designee may initiate forfeiture under this section. 10.2 [EFFECTIVE DATE.] This section is effective the day 10.3 following final enactment. 10.4 Sec. 11. [169A.78] [AIDING AND ABETTING.] 10.5 Every person who commits or attempts to commit, conspires 10.6 to commit, or aids or abets in the commission of, any act 10.7 declared in this chapter to be an offense, whether individually 10.8 or in connection with one or more other persons or as principal, 10.9 agent, or accessory, is guilty of that offense, and every person 10.10 who falsely, fraudulently, forcibly, or willfully induces, 10.11 causes, coerces, requires, permits, or directs another to 10.12 violate any provision of this chapter, is likewise guilty of 10.13 that offense. 10.14 [EFFECTIVE DATE.] This section is effective the day 10.15 following final enactment. 10.16 Sec. 12. Minnesota Statutes 2000, section 609.135, 10.17 subdivision 2, is amended to read: 10.18 Subd. 2. [STAY OF SENTENCE MAXIMUM PERIODS.] (a) If the 10.19 conviction is for a felony other than section 609.21, 10.20 subdivision 2, 2a, or 4, the stay shall be for not more than 10.21 four years or the maximum period for which the sentence of 10.22 imprisonment might have been imposed, whichever is longer. 10.23 (b) If the conviction is for a gross misdemeanor violation 10.24 of section 169A.20 or 609.21, subdivision 2b, or for a felony 10.25 described in section 609.21, subdivision 2, 2a, or 4, the stay 10.26 shall be for not more than six years. The court shall provide 10.27 for unsupervised probation for the last year of the stay unless 10.28 the court finds that the defendant needs supervised probation 10.29 for all or part of the last year. 10.30 (c) If the conviction is for a gross misdemeanor not 10.31 specified in paragraph (b), the stay shall be for not more than 10.32 two years. 10.33 (d) If the conviction is for any misdemeanor under section 10.34 169A.20; 609.746, subdivision 1; 609.79; or 617.23; or for a 10.35 misdemeanor under section 609.2242 or 609.224, subdivision 1, in 10.36 which the victim of the crime was a family or household member 11.1 as defined in section 518B.01, the stay shall be for not more 11.2 than two years. The court shall provide for unsupervised 11.3 probation for the second year of the stay unless the court finds 11.4 that the defendant needs supervised probation for all or part of 11.5 the second year. 11.6 (e) If the conviction is for a misdemeanor not specified in 11.7 paragraph (d), the stay shall be for not more than one year. 11.8 (f) The defendant shall be discharged six months after the 11.9 term of the stay expires, unless the stay has been revoked or 11.10 extended under paragraph (g), or the defendant has already been 11.11 discharged. 11.12 (g) Notwithstanding the maximum periods specified for stays 11.13 of sentences under paragraphs (a) to (f), a court may extend a 11.14 defendant's term of probation for up to one year if it finds, at 11.15 a hearing conducted under subdivision 1a, that: 11.16 (1) the defendant has not paid court-ordered restitution or 11.17 a fine in accordance with the payment schedule or structure; and 11.18 (2) the defendant is likely to not pay the restitution or 11.19 fine the defendant owes before the term of probation expires. 11.20 This one-year extension of probation for failure to pay 11.21 restitution or a fine may be extended by the court for up to one 11.22 additional year if the court finds, at another hearing conducted 11.23 under subdivision 1a, that the defendant still has not paid the 11.24 court-ordered restitution or fine that the defendant owes. 11.25 (h) Notwithstanding the maximum periods specified for stays 11.26 of sentences under paragraphs (a) to (f), a court may extend a 11.27 defendant's term of probation for up to three years if it finds, 11.28 at a hearing conducted under subdivision 1c, that: 11.29 (1) the defendant has failed to complete court-ordered 11.30 treatment successfully; and 11.31 (2) the defendant is likely not to complete court-ordered 11.32 treatment before the term of probation expires. 11.33 [EFFECTIVE DATE.] This section is effective the day 11.34 following final enactment.