HF 2458

as introduced - 91st Legislature (2019 - 2020) Posted on 03/13/2019 11:21am

A bill for an act
relating to public safety; enhancing penalties for repeated driving after suspension,
revocation, or cancellation; amending Minnesota Statutes 2018, section 171.24.

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

Section 1.

Minnesota Statutes 2018, section 171.24, is amended to read:

171.24 VIOLATIONS; DRIVING WITHOUT VALID LICENSE.

Subdivision 1.

Driving after suspension; misdemeanor.

Except as otherwise provided
in subdivision 5, a person is guilty of a misdemeanor if:

(1) the person's driver's license or driving privilege has been suspended;

(2) the person has been given notice of or reasonably should know of the suspension;
and

(3) the person disobeys the order by operating in this state any motor vehicle, the
operation of which requires a driver's license, while the person's license or privilege is
suspended.

Subd. 2.

Driving after revocation; misdemeanor.

new text begin Except as otherwise provided in
subdivision 5, new text end a person is guilty of a misdemeanor if:

(1) the person's driver's license or driving privilege has been revoked;

(2) the person has been given notice of or reasonably should know of the revocation;
and

(3) the person disobeys the order by operating in this state any motor vehicle, the
operation of which requires a driver's license, while the person's license or privilege is
revoked.

Subd. 3.

Driving after cancellation; misdemeanor.

new text begin Except as otherwise provided in
subdivision 5, new text end a person is guilty of a misdemeanor if:

(1) the person's driver's license or driving privilege has been canceled;

(2) the person has been given notice of or reasonably should know of the cancellation;
and

(3) the person disobeys the order by operating in this state any motor vehicle, the
operation of which requires a driver's license, while the person's license or privilege is
canceled.

Subd. 4.

Driving after disqualification; misdemeanor.

new text begin Except as otherwise provided
in subdivision 5, new text end a person is guilty of a misdemeanor if the person:

(1) has been disqualified from holding a commercial driver's license or been denied the
privilege to operate a commercial motor vehicle;

(2) has been given notice of or reasonably should know of the disqualification; and

(3) disobeys the order by operating in this state a commercial motor vehicle while the
person is disqualified to hold the license or privilege.

Subd. 5.

Gross misdemeanor new text begin violations new text end .

new text begin (a) new text end A person is guilty of a gross misdemeanor
if:

(1) the person's driver's license or driving privilege has been canceled or denied under
section 171.04, subdivision 1, clause (10);

(2) the person has been given notice of or reasonably should know of the cancellation
or denial; and

(3) the person disobeys the order by operating in this state any motor vehicle, the
operation of which requires a driver's license, while the person's license or privilege is
canceled or denied.

new text begin (b) A person is guilty of a gross misdemeanor if the person violates this section:
new text end

new text begin (1) within one year of the first of four or more prior convictions under this section or a
statute or ordinance in conformity with it; or
new text end

new text begin (2) within one month of the first of three prior convictions under this section or a statute
or ordinance in conformity with it.
new text end

new text begin Subd. 5a. new text end

new text begin Progressive fines; vehicle impoundment. new text end

new text begin (a) A court must require a person
who violates subdivision 1, 2, 3, or 4 to pay the following fine:
new text end

new text begin (1) for a first offense, a fine of $225;
new text end

new text begin (2) for a second offense, a fine of $325;
new text end

new text begin (3) for a third offense, a fine of $425;
new text end

new text begin (4) for a fourth offense, a fine of $525; and
new text end

new text begin (5) for a fifth or subsequent offense, a fine of $625.
new text end

new text begin (b) If the defendant qualifies for the services of a public defender or the court finds on
the record that the convicted person is indigent or that immediate payment of the fine would
create undue hardship for the convicted person or that person's immediate family, the court
may permit the defendant to perform community work service in lieu of a fine.
new text end

new text begin (c) A peace officer may take into custody and impound any motor vehicle operated in
this state, the operation of which requires a driver's license, while the operator's driver's
license or privilege is suspended, revoked, or canceled.
new text end

Subd. 6.

Responsibility for prosecution.

The attorney in the jurisdiction in which the
violation occurred who is responsible for prosecution of misdemeanor violations of this
section is also responsible for prosecution of gross misdemeanor violations of this section.

Subd. 7.

Sufficiency of notice.

(a) Notice of revocation, suspension, cancellation, or
disqualification is sufficient if personally served, or if mailed by first class mail to the
person's last known address or to the address listed on the person's driver's license. Notice
is also sufficient if the person was informed that revocation, suspension, cancellation, or
disqualification would be imposed upon a condition occurring or failing to occur, and where
the condition has in fact occurred or failed to occur.

(b) It is not a defense that a person failed to file a change of address with the post office,
or failed to notify the Department of Public Safety of a change of name or address as required
under section 171.11.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end