HF 2111

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/10/2021 11:22am

A bill for an act
relating to public safety; establishing a program of random testing to verify
abstinence as a condition of release and probation for certain DWI offenses;
amending Minnesota Statutes 2020, sections 169A.277, subdivision 2; 169A.44,
subdivisions 1, 2.

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

Section 1.

Minnesota Statutes 2020, section 169A.277, subdivision 2, is amended to read:

Subd. 2.

Monitoring required.

new text begin (a) new text end When the court sentences a person described in
subdivision 1 new text begin for a violation of section 169A.20, subdivision 1, clause (1), (5), or (6), or 2,
clause (1), new text end to a stayed sentence and when electronic monitoring equipment is available to
the court, the court shall require that the person participate in a program of electronic alcohol
monitoring in addition to any other conditions of probation or jail time it imposes. The court
must order the monitoring for a minimum of 30 consecutive days during each year of the
person's probationary period.

new text begin (b) When the court sentences a person described in subdivision 1 for a violation of
section 169A.20, subdivision 1, clause (1), (5), or (6), or 2, clause (1), to a stayed sentence
and when electronic alcohol-monitoring equipment is not available to the court, the court
shall require that the person submit to random alcohol tests in addition to any other conditions
of probation or jail time it imposes. The court must order the random alcohol tests for a
minimum of 30 consecutive days during each year of the person's probationary period.
new text end

new text begin (c) When the court sentences a person described in subdivision 1 for a violation of section
169A.20, subdivision 1, clause (2), (3), (4), or (7), or 2, clause (2), to a stayed sentence, the
court shall require that the person submit to random urine analyses in addition to any other
conditions of probation or jail time it imposes. The court must order the random urine
analyses for a minimum of 30 consecutive days during each year of the person's probationary
period.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to sentences
imposed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2020, section 169A.44, subdivision 1, is amended to read:

Subdivision 1.

Nonfelony violations.

(a) This subdivision applies to a person charged
with a nonfelony violation of section 169A.20 (driving while impaired) under circumstances
described in section 169A.40, subdivision 3 (certain DWI offenders; custodial arrest).

(b) Unless maximum bail is imposed under section 629.471, a person described in
paragraph (a) may be released from detention only if the person agrees to new text begin the following
conditions pending resolution of the charge new text end :

(1) abstain from alcohol;

new text begin (2) abstain from intoxicating substances and controlled substances other than use in
accordance with a valid prescription; new text end and

deleted text begin (2) deleted text end new text begin (3) new text end submit to a program deleted text begin of electronic alcohol monitoring, involving at least daily
measurements of the person's alcohol concentration, pending resolution of the charge deleted text end new text begin to
monitor that abstinence new text end .

new text begin (c) The program required under paragraph (b), clause (3), shall consist of:
new text end

deleted text begin Clause (2) applies only when deleted text end new text begin (1) electronic alcohol monitoring, involving at least daily
measurements of the person's alcohol concentration when the person is charged with a
violation of section 169A.20, subdivision 1, clause (1), (5), or (6), or 2, clause (1), and new text end
electronic alcohol-monitoring equipment is available to the court deleted text begin . deleted text end new text begin ;
new text end

new text begin (2) random alcohol tests at least weekly when the person is charged with a violation of
section 169A.20, subdivision 1, clause (1), (5), or (6), or 2, clause (1), and electronic
alcohol-monitoring equipment is not available to the court; or
new text end

new text begin (3) random urine analyses at least weekly when the person is charged with a violation
of section 169A.20, subdivision 1, clause (2), (3), (4), or (7), or 2, clause (2).
new text end

new text begin (d) new text end The court shall require partial or total reimbursement from the person for the cost
of the electronic alcohol-monitoring, to the extent the person is able to pay.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to conditions
of release imposed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2020, section 169A.44, subdivision 2, is amended to read:

Subd. 2.

Felony violations.

(a) A person charged with violating section 169A.20 within
ten years of the first of three or more qualified prior impaired driving incidents may be
released from detention only if the following conditions are imposed:

(1) the conditions described in subdivision 1, paragraph (b), if applicable;

(2) the impoundment of the registration plates of the vehicle used to commit the violation,
unless already impounded;

(3) if the vehicle used to commit the violation was an off-road recreational vehicle or a
motorboat, the impoundment of the off-road recreational vehicle or motorboat;

(4) a requirement that the person report weekly to a probation agent;

(5) a requirement that the person abstain from consumption of alcohol and new text begin intoxicating
substances and new text end controlled substances new text begin other than use in accordance with a valid prescription
new text end and submit to deleted text begin random alcohol tests or urine analyses at least weekly deleted text end new text begin a program to monitor
that abstinence new text end ;

(6) a requirement that, if convicted, the person reimburse the court or county for the
total cost of these services; and

(7) any other conditions of release ordered by the court.

(b) In addition to setting forth conditions of release under paragraph (a), if required by
court rule, the court shall also fix the amount of money bail without other conditions upon
which the defendant may obtain release.

new text begin (c) The program required under paragraph (a), clause (5), shall consist of:
new text end

new text begin (1) electronic alcohol monitoring, involving at least daily measurements of the person's
alcohol concentration when the person is charged with a violation of section 169A.20,
subdivision 1, clause (1), (5), or (6), or 2, clause (1), and electronic alcohol-monitoring
equipment is available to the court;
new text end

new text begin (2) random alcohol tests at least weekly when the person is charged with a violation of
section 169A.20, subdivision 1, clause (1), (5), or (6), or 2, clause (1), and electronic
alcohol-monitoring equipment is not available to the court; or
new text end

new text begin (3) random urine analyses at least weekly when the person is charged with a violation
of section 169A.20, subdivision 1, clause (2), (3), (4), or (7), or 2, clause (2).
new text end

new text begin (d) The court shall require partial or total reimbursement from the person for the cost
of the electronic alcohol monitoring, to the extent the person is able to pay.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to conditions
of release established on or after that date.
new text end