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HF 2152

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/19/2014 12:17pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/24/2014
1st Engrossment Posted on 03/19/2014

Current Version - 1st Engrossment

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A bill for an act
relating to public safety; traffic regulations; authorizing use of traffic safety
pretrial diversion programs by local units of government for certain traffic
offenses; proposing coding for new law in Minnesota Statutes, chapter 169.

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

Section 1.

new text begin [169.9991] PRETRIAL DIVERSION PROGRAM FOR CERTAIN
TRAFFIC OFFENSES.
new text end

new text begin Subdivision 1. new text end

new text begin Authority. new text end

new text begin (a) Except for peace officers employed by the state
patrol, prior to a peace officer issuing a citation under this section with a pretrial diversion
program option, the governing body for the local unit of government that employs the
peace officer must pass a resolution that:
new text end

new text begin (1) authorizes a traffic safety pretrial diversion program; and
new text end

new text begin (2) bars peace officers from offering the traffic safety pretrial diversion program
option in violation of this section.
new text end

new text begin (b) A peace officer may issue a citation that offers a traffic safety pretrial diversion
program option to a vehicle operator who:
new text end

new text begin (1) violates section 169.14, and the violation consists of a speed under 15 miles per
hour in excess of the lawful speed limit;
new text end

new text begin (2) fails to obey a stop line in violation of section 169.30; or
new text end

new text begin (3) operates a vehicle that is in violation of sections 169.46 to 169.68 and 169.69
to 169.75.
new text end

new text begin (c) The authority to issue a citation that offers a traffic safety pretrial diversion
program option is exclusively limited to those offenses listed in this subdivision.
new text end

new text begin (d) A peace officer who issues a citation that offers a traffic safety pretrial diversion
program option for the infraction of speeding under 15 miles per hour over the speed limit
must use the actual speed a violator's vehicle was traveling at the time of the infraction
and may not reduce the recorded speed for purposes of qualifying the offense for a citation
under this section. A citation issued for speeding under this section must list the actual
speed the vehicle was traveling at the time of the infraction.
new text end

new text begin (e) A local unit of government shall notify the commissioner of public safety after it
passes the resolution described in paragraph (a).
new text end

new text begin Subd. 2. new text end

new text begin Officer's authority. new text end

new text begin The authority to issue a citation that offers a traffic
safety pretrial diversion program option is reserved exclusively to licensed peace officers.
An officer may not be required by ordinance or otherwise to issue a citation under this
section instead of a criminal citation.
new text end

new text begin Subd. 3. new text end

new text begin Uniform citation. new text end

new text begin (a) A peace officer who issues a citation that offers a
traffic safety pretrial diversion program must provide the violator with a uniform traffic
ticket under section 169.99 and a uniform supplemental traffic safety diversion program
citation under paragraph (b).
new text end

new text begin (b) There must be a uniform supplemental traffic safety diversion program citation
issued throughout the state by licensed peace officers for violations under this section.
No other supplemental citation is authorized for violations under this section. The
commissioner of public safety shall prescribe the detailed form of the uniform supplemental
traffic safety pretrial diversion program citation and shall revise the uniform supplemental
traffic safety pretrial diversion program citation on subsequent occasions as necessary.
new text end

new text begin Subd. 4. new text end

new text begin Offender options; eligibility. new text end

new text begin (a) An individual who is issued a citation
that offers a traffic safety pretrial diversion program option may elect to:
new text end

new text begin (1) attend a traffic safety pretrial diversion program, as provided for by this section; or
new text end

new text begin (2) utilize the existing processes for administering and adjudicating traffic citations
in this chapter and chapter 609, as appropriate.
new text end

new text begin (b) A peace officer is prohibited from issuing a citation that offers a traffic safety
pretrial diversion program option to an individual with more than two violations under this
section in a 12-month period, beginning on the date of the first violation.
new text end

new text begin Subd. 5. new text end

new text begin Traffic safety course; contents. new text end

new text begin The required traffic safety course offered
as part of a duly authorized traffic safety pretrial diversion program must include, at a
minimum, information and remedial instruction covering the traffic violations identified in
subdivision 1 as eligible for a citation under this section.
new text end

new text begin Subd. 6. new text end

new text begin Course fee; disbursement. new text end

new text begin (a) A person who commits a violation under
subdivision 1 must pay a course fee of up to $100.
new text end

new text begin (b) Except as provided in paragraph (c), the course fee collected under this section
must be credited to the general revenue fund of the local unit of government that employs
the peace officer who issued the citation. A local unit of government receiving fine proceeds
under this section must use at least one-half of the funds for law enforcement purposes. The
funds must be used to supplement but not supplant any existing law enforcement funding.
new text end

new text begin (c) For fines collected under this section from traffic safety pretrial diversion program
citations issued by State Patrol troopers, one-half must be credited to the general fund of
the local unit of government or entity that collects the fine and one-half must be transferred
to the commissioner of management and budget to be deposited in the state general fund.
new text end

new text begin (d) The surcharge imposed under section 357.021, subdivision 6, does not apply to an
individual who elects to attend a traffic safety pretrial diversion program under this section.
new text end

new text begin Subd. 7. new text end

new text begin Commercial drivers' licenses and commercial vehicles; exceptions. new text end

new text begin A
traffic safety pretrial diversion program citation may not be issued under this section to (1)
the holder of a commercial driver's license, or (2) the driver of a commercial vehicle in
which the violation was committed.
new text end

new text begin Subd. 8. new text end

new text begin Driving records. new text end

new text begin (a) A violation under this section may not be recorded by
the Department of Public Safety on the violator's driving record and does not constitute
grounds for revocation or suspension of the violator's driver's license.
new text end

new text begin (b) A violation under this section must be recorded in the comprehensive
incident-based reporting system under section 299C.40, for the limited purpose of
ensuring compliance with subdivision 4, paragraph (b).
new text end

new text begin Subd. 9. new text end

new text begin Administrative penalty reporting. new text end

new text begin (a) A local unit of government that
employs peace officers who issue citations that offer a traffic safety pretrial diversion
program and that collects course fees under this section must include that cumulative
information and the amount collected as separate categories in any financial report,
summary, or audit. A local unit of government is prohibited from including data on
individuals as part of any report, summary, or audit under this paragraph.
new text end

new text begin (b) The state auditor shall annually report to the commissioner of public safety
information concerning course fees assessed by local units of government under this
section. Upon request, the commissioner of public safety shall report to the chairs and
ranking minority members of the senate and house of representatives committees having
jurisdiction over transportation or criminal justice policy and funding summarizing the
reports the commissioner received under this paragraph.
new text end

new text begin Subd. 10. new text end

new text begin Local preemption. new text end

new text begin The authority to issue a citation under this section is
exclusively limited to those offenses listed in subdivision 1. Notwithstanding any contrary
charter provision or ordinance, no local unit of government may offer a traffic safety
pretrial diversion program to enforce any other provision of this chapter.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end