as introduced - 88th Legislature (2013 - 2014) Posted on 01/31/2013 01:46pm
Engrossments | ||
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Introduction | Posted on 01/31/2013 |
A bill for an act
relating to public safety; traffic regulations; establishing a crime for causing
death or great bodily harm by driving in an aggressive, inattentive, reckless, or
careless manner; providing criminal penalties; proposing coding for new law in
Minnesota Statutes, chapter 169.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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(a) A person is
guilty of a gross misdemeanor and may be sentenced to one year imprisonment, a $3,000
fine, or both if the person causes the death of, or great bodily harm to, a human being or
unborn child as a result of driving, operating, or halting a motor vehicle:
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(1) in such a manner as to indicate a willful or wanton disregard for the safety of
persons or property;
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(2) while racing any motor vehicle upon any street or highway of this state, including
willfully comparing or contesting relative speeds of motor vehicles whether or not the
racing activity exceeds the maximum speed prescribed by law;
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(3) carelessly or heedlessly upon any street or highway in disregard of the rights
of others, or in a manner that endangers or is likely to endanger any person or property,
including the driver or passenger of the motor vehicle;
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(4) while failing to restrict speed to the extent necessary to avoid colliding with any
person, vehicle, or other conveyance on or entering the street or highway in compliance
with legal requirements and the duty of all persons to use due care;
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(5) while using a cellular phone, except in a voice-activated or other hands-free
manner;
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(6) while using a wireless communications device to read, compose, or send an
electronic message when the motor vehicle is in motion or a part of traffic, except as
authorized under section 169.475, subdivision 3; or
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(7) while or after falling asleep while the motor vehicle is in motion or a part of traffic.
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(b) Conduct violating paragraph (a) does not include murder under section 609.185,
609.19, or 609.195, manslaughter under section 609.20 or 609.205, criminal vehicular
operation or homicide under section 609.21, or fleeing the scene of an accident under
section 169.09.
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A person who violates subdivision
1 within 20 years of a prior conviction or adjudication under this section, section 609.21,
subdivision 1, or section 609.21, subdivision 1a, paragraph (a) or (b), is guilty of a felony
and may be sentenced to imprisonment for not more than ten years, a $20,000 fine, or both.
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Upon the conviction or adjudication of a person for violation
of this section, the court shall order the commissioner of public safety to revoke the
person's driver's license or driving privilege to operate a motor vehicle in this state for a
period of not less than six months for an initial violation, and not less than two years for a
second or subsequent violation.
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Nothing in this section or
section 609.035 or 609.04 shall be construed to limit the power of the state to prosecute or
punish a person for conduct that constitutes a crime under any other law of this state.
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This section is effective the day following final enactment.
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