HF 3697

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/25/2024 03:41pm

A bill for an act
relating to public safety; limiting the requirement to participate in the ignition
interlock program to individuals whose driver's license is revoked, canceled, or
denied for an incident involving alcohol; establishing an intensive testing program
for individuals whose driver's license is revoked, canceled, or denied for an incident
involving a controlled substance or an intoxicating substance; amending Minnesota
Statutes 2022, sections 169A.55, subdivision 4; 171.306, subdivision 1; Minnesota
Statutes 2023 Supplement, section 169A.44, subdivision 1; proposing coding for
new law in Minnesota Statutes, chapter 171.

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

Section 1.

Minnesota Statutes 2023 Supplement, 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) Except as provided in subdivision 3, 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 and nonprescribed controlled or intoxicating substances new text end ; and

(2) 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) A defendant charged with a violation of section 169A.20, subdivision 1, clause (1),
(5), or (6); subdivision 1, clause (4), where one of the elements involves a violation of clause
(1); subdivision 2, clause (1); or subdivision 2, clause (2), if the court issued the warrant
based on probable cause to believe that the person was under the influence of alcohol must
be monitored through the use of:
new text end

new text begin (1) electronic alcohol monitoring, involving at least daily measurements of the person's
alcohol concentration if electronic alcohol-monitoring equipment is available to the court;
or
new text end

new text begin (2) random alcohol tests conducted at least weekly if electronic alcohol-monitoring
equipment is not available to the court.
new text end

new text begin (d) A defendant charged with a violation of section 169A.20, subdivision 1, clause (2),
(3), (4), or (7); or subdivision 2, clause (2), if the court issued the warrant based on probable
cause to believe that the person was under the influence of a controlled substance or an
intoxicating substance must be monitored through the use of random urine analyses conducted
at least weekly.
new text end

deleted text begin Clause (2) applies only when electronic alcohol-monitoring equipment is available to
the court. deleted text end new text begin (e) new text end The court shall require partial or total reimbursement from the person for the
cost of the electronic alcohol monitoring, new text begin random alcohol tests, and random urine analyses,
new text end 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, 2024, and applies to defendants
charged on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2022, section 169A.55, subdivision 4, is amended to read:

Subd. 4.

Reinstatement of driving privileges; multiple incidents.

(a) A person whose
driver's license has been revoked as a result of an new text begin alcohol-related new text end offense listed under clause
(2) shall not be eligible for reinstatement of driving privileges without an ignition interlock
restriction until the commissioner certifies that either:

(1) the person did not own or lease a vehicle at the time of the offense or at any time
between the time of the offense and the driver's request for reinstatement, or commit a
violation of chapter 169, 169A, or 171 between the time of the offense and the driver's
request for reinstatement or at the time of the arrest for the offense listed under clause (2),
item (i), subitem (A) or (B), or (ii), subitem (A) or (B), as based on:

(i) a request by the person for reinstatement, on a form to be provided by the Department
of Public Safety;

(ii) the person's attestation under penalty of perjury; and

(iii) the submission by the driver of certified copies of vehicle registration records and
driving records for the period from the arrest until the driver seeks reinstatement of driving
privileges; or

(2) the person used the ignition interlock device and complied with section 171.306 for
a period of not less than:

(i) one year, for a person whose driver's license was revoked for:

(A) an offense occurring within ten years of a qualified prior impaired driving incident;
or

(B) an offense occurring after two qualified prior impaired driving incidents; or

(ii) two years, for a person whose driver's license was revoked for:

(A) an offense occurring under item (i), subitem (A) or (B), and the test results indicated
an alcohol concentration of twice the legal limit or more; or

(B) an offense occurring under item (i), subitem (A) or (B), and the current offense is
for a violation of section 169A.20, subdivision 2.

(b) A person whose driver's license has been canceled or denied as a result of three or
more qualified impaired driving incidents new text begin involving at least one alcohol-related offense new text end
shall not be eligible for reinstatement of driving privileges without an ignition interlock
restriction until the person:

(1) has completed rehabilitation according to rules adopted by the commissioner or been
granted a variance from the rules by the commissioner; and

(2) has submitted verification of abstinence from alcohol and controlled substances
under paragraph (c), as evidenced by the person's use of an ignition interlock device or other
chemical monitoring device approved by the commissioner.

(c) The verification of abstinence must show that the person has abstained from the use
of alcohol and controlled substances for a period of not less than:

(1) three years, for a person whose driver's license was canceled or denied for an offense
occurring within ten years of the first of two qualified prior impaired driving incidents, or
occurring after three qualified prior impaired driving incidents;

(2) four years, for a person whose driver's license was canceled or denied for an offense
occurring within ten years of the first of three qualified prior impaired driving incidents; or

(3) six years, for a person whose driver's license was canceled or denied for an offense
occurring after four or more qualified prior impaired driving incidents.

new text begin (d) A person whose driver's license has been revoked as a result of a controlled or
intoxicating substance offense listed under clause (2) shall not be eligible for reinstatement
of driving privileges without participating in the intensive testing program established under
section 171.307 until the commissioner certifies that either:
new text end

new text begin (1) the person did not own or lease a vehicle at the time of the offense or at any time
between the time of the offense and the driver's request for reinstatement, or commit a
violation of chapter 169, 169A, or 171 between the time of the offense and the driver's
request for reinstatement or at the time of the arrest for the offense listed under clause (2),
item (i), subitem (A) or (B), or (ii), subitem (A) or (B), as based on:
new text end

new text begin (i) a request by the person for reinstatement, on a form to be provided by the Department
of Public Safety;
new text end

new text begin (ii) the person's attestation under penalty of perjury; and
new text end

new text begin (iii) the submission by the driver of certified copies of vehicle registration records and
driving records for the period from the arrest until the driver seeks reinstatement of driving
privileges; or
new text end

new text begin (2) the person participated in the intensive testing program and complied with section
171.307 for a period of not less than:
new text end

new text begin (i) one year, for a person whose driver's license was revoked for:
new text end

new text begin (A) an offense occurring within ten years of a qualified prior impaired driving incident;
or
new text end

new text begin (B) an offense occurring after two qualified prior impaired driving incidents; or
new text end

new text begin (ii) two years, for a person whose driver's license was revoked for:
new text end

new text begin (A) an offense occurring under item (i), subitem (A) or (B), and the test results indicated
an alcohol concentration of twice the legal limit or more; or
new text end

new text begin (B) an offense occurring under item (i), subitem (A) or (B), and the current offense is
for a violation of section 169A.20, subdivision 2.
new text end

new text begin (e) A person whose driver's license has been canceled or denied as a result of three or
more qualified impaired driving incidents involving at least one controlled or intoxicating
substance offense shall not be eligible for reinstatement of driving privileges without
participating in the intensive testing program until the person:
new text end

new text begin (1) has completed rehabilitation according to rules adopted by the commissioner or been
granted a variance from the rules by the commissioner; and
new text end

new text begin (2) has submitted verification of abstinence from alcohol and controlled substances
under paragraph (f), as evidenced by the person's participation in the intensive testing
program or other monitoring approved by the commissioner.
new text end

new text begin (f) The verification of abstinence must show that the person has abstained from the use
of alcohol and controlled substances for a period of not less than:
new text end

new text begin (1) three years, for a person whose driver's license was canceled or denied for an offense
occurring within ten years of the first of two qualified prior impaired driving incidents, or
occurring after three qualified prior impaired driving incidents;
new text end

new text begin (2) four years, for a person whose driver's license was canceled or denied for an offense
occurring within ten years of the first of three qualified prior impaired driving incidents; or
new text end

new text begin (3) six years, for a person whose driver's license was canceled or denied for an offense
occurring after four or more qualified prior impaired driving incidents.
new text end

new text begin (g) As used in this subdivision:
new text end

new text begin (1) "alcohol-related offense" means a violation of section 169A.20, subdivision 1, clause
(1), (5), or (6); subdivision 1, clause (4), where one of the elements involves a violation of
clause (1); subdivision 2, clause (1); or subdivision 2, clause (2), if the court issued the
warrant based on probable cause to believe that the person was under the influence of
alcohol; and
new text end

new text begin (2) "controlled or intoxicating substance offense" means a violation of section 169A.20,
subdivision 1, clause (2), (3), (4), or (7); or subdivision 2, clause (2), if the court issued the
warrant based on probable cause to believe that the person was under the influence of a
controlled substance or an intoxicating substance.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to revocations
and cancellations or denials that occur on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2022, section 171.306, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) As used in this section, the terms in this subdivision have
the meanings given them.

(b) "Ignition interlock device" or "device" means equipment that is designed to measure
breath alcohol concentration and to prevent a motor vehicle's ignition from being started
by a person whose breath alcohol concentration measures 0.02 or higher on the equipment.

new text begin (c) "Incident involving alcohol" means:
new text end

new text begin (1) a test failure as described in section 169A.52, subdivision 2, paragraph (a), clause
(1) or (2); or section 171.177, subdivision 3, clause (2), item (i) or (ii);
new text end

new text begin (2) a test refusal as described in section 169A.52, subdivision 3, or section 171.177,
subdivision 3, clause (1), when there was probable cause to believe the person had been
driving, operating, or in physical control of a motor vehicle in violation of section 169A.20,
subdivision 1, clause (1), (5), or (6); or subdivision 1, clause (4), where one of the elements
involves a violation of clause (1);
new text end

new text begin (3) a conviction for a violation of section 169A.20, subdivision 1, clause (1), (5), or (6);
or subdivision 1, clause (4), where one of the elements involves a violation of clause (1);
or
new text end

new text begin (4) a determination by the commissioner pursuant to section 171.04, subdivision 1,
clause (10), that the person is inimical to public safety based on one or more violations of
section 169A.20, subdivision 1, clause (1), (5), or (6); or subdivision 1, clause (4), where
one of the elements involves a violation of clause (1).
new text end

deleted text begin (c) deleted text end new text begin (d) new text end "Location tracking capabilities" means the ability of an electronic or wireless
device to identify and transmit its geographic location through the operation of the device.

deleted text begin (d) deleted text end new text begin (e) new text end "Program participant" means a person who has qualified to take part in the ignition
interlock program under this section, and whose driver's license new text begin , as a result of an incident
involving alcohol, new text end has been:

(1) revoked, canceled, or denied under section 169A.52; 169A.54; 171.04, subdivision
1, clause (10); or 171.177; or

(2) revoked under section 171.17, subdivision 1, paragraph (a), clause (1), or suspended
under section 171.187, for a violation of section 609.2113, subdivision 1, clause (2), item
(i) or (iii), (3), or (4); subdivision 2, clause (2), item (i) or (iii), (3), or (4); or subdivision
3, clause (2), item (i) or (iii), (3), or (4); or 609.2114, subdivision 2, clause (2), item (i) or
(iii), (3), or (4), resulting in bodily harm, substantial bodily harm, or great bodily harm.

deleted text begin (e) deleted text end new text begin (f) new text end "Qualified prior impaired driving incident" has the meaning given in section
169A.03, subdivision 22.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to revocations
and cancellations or denials that occur on or after that date.
new text end

Sec. 4.

new text begin [171.307] INTENSIVE TESTING PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms have the
meanings given.
new text end

new text begin (b) "Incident involving a controlled substance or intoxicating substance" means:
new text end

new text begin (1) a test failure as described in section 169A.52, subdivision 2, paragraph (a), clause
(3); or 171.177, subdivision 3, clause (2), item (iii);
new text end

new text begin (2) a test refusal as described in section 169A.52, subdivision 3, or 171.177, subdivision
3, clause (1), when there was probable cause to believe the person had been driving,
operating, or in physical control of a motor vehicle in violation of section 169A.20,
subdivision 1, clause (2), (3), (4), or (7); or subdivision 2, clause (2), if the court issued the
warrant based on probable cause to believe that the person was under the influence of a
controlled substance or an intoxicating substance;
new text end

new text begin (3) a conviction for a violation of section 169A.20, subdivision 1, clause (2), (3), (4),
or (7); or
new text end

new text begin (4) a determination by the commissioner pursuant to section 171.04, subdivision 1,
clause (10), that the person is inimical to public safety based on one or more violations of
section 169A.20, subdivision 1, clause (2), (3), (4), or (7).
new text end

new text begin (c) "Program participant" means a person who has qualified to take part in the intensive
testing program under this section, and whose driver's license, as the result of an incident
involving a controlled substance or intoxicating substance, has been:
new text end

new text begin (1) revoked, canceled, or denied under section 169A.52; 169A.54; 171.04, subdivision
1, clause (10); or 171.177; or
new text end

new text begin (2) revoked under section 171.17, subdivision 1, paragraph (a), clause (1), or suspended
under section 171.187, for a violation of section 609.2113, subdivision 1, clause (2), item
(i) or (iii), (3), or (4); subdivision 2, clause (2), item (i) or (iii), (3), or (4); or subdivision
3, clause (2), item (i) or (iii), (3), or (4); or 609.2114, subdivision 2, clause (2), item (i) or
(iii), (3), or (4), resulting in bodily harm, substantial bodily harm, or great bodily harm.
new text end

new text begin (d) "Qualified prior impaired driving incident" has the meaning given in section 169A.03,
subdivision 22.
new text end

new text begin Subd. 2. new text end

new text begin Program requirements. new text end

new text begin (a) The commissioner must establish guidelines for
participation in the intensive testing program. A person who seeks to participate in the
program must sign a written acknowledgment that the person has received, reviewed, and
agreed to abide by the program guidelines.
new text end

new text begin (b) The program guidelines must include provisions clearly identifying and prohibiting
the use of masking agents.
new text end

new text begin (c) The program guidelines must include provisions requiring disclosure of any
prescription medications and protocols to assure that testing accounts for prescribed
medications that are taken within the therapeutic range.
new text end

new text begin (d) The commissioner must enter a notation on a person's driving record to indicate that
the person is a program participant.
new text end

new text begin (e) A person under the age of 18 years is not eligible to be a program participant.
new text end

new text begin (f) A program participant must pay costs associated with any required urine analyses.
new text end

new text begin (g) A program participant must participate in any treatment recommended in a chemical
use assessment report.
new text end

new text begin (h) A program participant must submit to regular and random urine analyses and other
testing that take place at least weekly. The results of a random urine analysis or other test
that is ordered by a court or required by probation satisfy the requirement in this paragraph
for the week in which the urine analysis or other test was administered if the results clearly
indicate that the program participant submitted to the urine analysis or test, identify the date
of the test, and are submitted to the commissioner in a form and manner approved by the
commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Issuance of restricted license. new text end

new text begin (a) The commissioner must issue a class D
driver's license, subject to the applicable limitations and restrictions of this section, to a
program participant who meets the requirements of this section and the program guidelines.
The commissioner must not issue a license unless the program participant has provided
satisfactory proof that:
new text end

new text begin (1) the participant has submitted to a minimum number of preliminary urine analyses
as required by the commissioner that tested negative for the presence of a controlled substance
or its metabolite and for the presence of specified intoxicating substances; and
new text end

new text begin (2) the participant has insurance coverage on any vehicle the participant owns or operates
regularly. If the participant has previously been convicted of violating section 169.791,
169.793, or 169.797 or the participant's license has previously been suspended or canceled
under section 169.792 or 169.797, the commissioner must require the participant to present
an insurance identification card that is certified by the insurance company to be noncancelable
for a period not to exceed 12 months.
new text end

new text begin (b) A program participant whose driver's license has been: (1) revoked under section
169A.52, subdivision 3, paragraph (a), clause (1), (2), or (3), or subdivision 4, paragraph
(a), clause (1), (2), or (3); 169A.54, subdivision 1, clause (1), (2), (3), or (4); or 171.177,
subdivision 4, paragraph (a), clause (1), (2), or (3), or subdivision 5, paragraph (a), clause
(1), (2), or (3); or (2) revoked under section 171.17, subdivision 1, paragraph (a), clause
(1), or suspended under section 171.187, for a violation of section 609.2113, subdivision
1, clause (2), item (ii) or (iii), (5), or (6); subdivision 2, clause (2), item (ii) or (iii), (5), or
(6); or subdivision 3, clause (2), item (ii) or (iii), (5), or (6); or 609.2114, subdivision 2,
clause (2), item (i) or (iii), (3), or (4), resulting in bodily harm, substantial bodily harm, or
great bodily harm, where the participant has fewer than two qualified prior impaired driving
incidents within the past ten years or fewer than three qualified prior impaired driving
incidents ever; may apply for conditional reinstatement of the driver's license, subject to
the intensive testing program.
new text end

new text begin (c) A program participant whose driver's license has been: (1) revoked, canceled, or
denied under section 169A.52, subdivision 3, paragraph (a), clause (4), (5), or (6), or
subdivision 4, paragraph (a), clause (4), (5), or (6); 169A.54, subdivision 1, clause (5), (6),
or (7); or 171.177, subdivision 4, paragraph (a), clause (4), (5), or (6), or subdivision 5,
paragraph (a), clause (4), (5), or (6); or (2) revoked under section 171.17, subdivision 1,
paragraph (a), clause (1), or suspended under section 171.187, for a violation of section
609.2113, subdivision 1, clause (2), item (ii) or (iii), (5), or (6); subdivision 2, clause (2),
item (ii) or (iii), (5), or (6); or subdivision 3, clause (2), item (ii) or (iii), (5), or (6); or
609.2114, subdivision 2, clause (2), item (i) or (iii), (3), or (4), resulting in bodily harm,
substantial bodily harm, or great bodily harm, where the participant has two or more qualified
prior impaired driving incidents within the past ten years or three or more qualified prior
impaired driving incidents ever; may apply for conditional reinstatement of the driver's
license, subject to the intensive testing program, if the program participant is enrolled in a
licensed substance use disorder treatment or rehabilitation program as recommended in a
chemical use assessment. As a prerequisite to eligibility for eventual reinstatement of full
driving privileges, a participant whose chemical use assessment recommended treatment
or rehabilitation must complete a licensed substance use disorder treatment or rehabilitation
program. If the program participant submits a urine analysis that tests positive for the
presence of a controlled substance or its metabolite or for the presence of any specified
intoxicating substances, the commissioner must extend the time period that the participant
must participate in the program until the participant has reached the required abstinence
period described in section 169A.55, subdivision 4.
new text end

new text begin (d) Notwithstanding any statute or rule to the contrary, the commissioner has authority
to determine when a program participant is eligible for restoration of full driving privileges,
except that the commissioner must not reinstate full driving privileges until the program
participant has met all applicable prerequisites for reinstatement under section 169A.55 and
until the program participant has not tested positive for the presence of a controlled substance
or its metabolite or for the presence of any specified intoxicating substances during the
preceding 90 days.
new text end

new text begin Subd. 4. new text end

new text begin Penalties; program violations. new text end

new text begin (a) If a program participant violates a condition
of a license conditionally reinstated under subdivision 3 and section 171.30, or violates the
program guidelines under subdivision 2, the commissioner must extend the person's
revocation period under section 169A.52, 169A.54, or 171.177 by:
new text end

new text begin (1) 180 days for a first violation;
new text end

new text begin (2) one year for a second violation; or
new text end

new text begin (3) 545 days for a third and each subsequent violation.
new text end

new text begin (b) Notwithstanding paragraph (a), the commissioner may terminate participation in the
program by any person when, in the commissioner's judgment, termination is necessary to
the interests of public safety and welfare. In the event of termination, the commissioner
must not reduce the applicable revocation period under section 169A.52, 169A.54, or 171.177
by the amount of time during which the person possessed a limited or restricted driver's
license issued under the authority of subdivision 3.
new text end

new text begin Subd. 5. new text end

new text begin Tampering; penalties. new text end

new text begin A program participant who tampers with a test required
under this section, including but not limited to submitting a false or adulterated sample or
a person who advises or otherwise assists a program participant in tampering with a test
required under this section is guilty of a misdemeanor.
new text end

new text begin Subd. 6. new text end

new text begin Venue. new text end

new text begin In addition to the provisions of Rule 24 of the Rules of Criminal
Procedure and section 627.01, a violation of subdivision 5 may be prosecuted in:
new text end

new text begin (1) the county in which the tampering is alleged to have taken place;
new text end

new text begin (2) the county in which the accused resides; or
new text end

new text begin (3) the county in which the impaired driving incident occurred, which resulted in the
accused being issued a driver's license with an intensive testing program restriction.
new text end

new text begin Subd. 7. new text end

new text begin Rulemaking. new text end

new text begin In establishing the program guidelines under subdivision 2 and
any other rules necessary to implement this section, the commissioner is subject to chapter
14.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to revocations
and cancellations or denials that occur on or after that date.
new text end