HF 2127

as introduced - 88th Legislature (2013 - 2014) Posted on 02/25/2014 03:12pm

A bill for an act
relating to public safety; traffic regulations; creating criminal penalties related to
vulnerable road users; amending Minnesota Statutes 2012, sections 169.011, by
adding a subdivision; 169.13, by adding a subdivision; 171.17, subdivision 1.

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

Section 1.

Minnesota Statutes 2012, section 169.011, is amended by adding a
subdivision to read:

new text begin Subd. 92a. new text end

new text begin Vulnerable road user. new text end

new text begin (a) "Vulnerable road user" means a person upon
a roadway or shoulder of a street or highway who is:
new text end

new text begin (1) a pedestrian, including but not limited to someone engaged while in the
performance of official duties in emergency services, traffic control, highway assistance
services, or maintenance, construction, or utility work;
new text end

new text begin (2) on a nonmotorized vehicle or device, including but not limited to a bicycle,
bicycle trailer, skateboard, or in-line skates;
new text end

new text begin (3) on a motorcycle, motorized bicycle, motorized foot scooter, or electric personal
assistive mobility device;
new text end

new text begin (4) on an implement of husbandry; or
new text end

new text begin (5) riding an animal upon a roadway, or driving any animal drawing a vehicle upon a
roadway.
new text end

new text begin (b) Vulnerable road user includes the operator and any passengers on, in, or of a
vehicle or device identified under paragraph (a), if applicable.
new text end

Sec. 2.

Minnesota Statutes 2012, section 169.13, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Enhanced penalty; vulnerable road user. new text end

new text begin (a) If a violation of
subdivision 1 or 2 results in substantial bodily harm or great bodily harm to a vulnerable
road user, the person is guilty of a gross misdemeanor.
new text end

new text begin (b) If a violation of subdivision 2 results in death of a vulnerable road user, the
person is guilty of a felony, and may be sentenced to imprisonment for not more than two
years or to payment of a fine of not more than $4,000, or both.
new text end

new text begin (c) If a violation of subdivision 1 results in death of a vulnerable road user, the
person is guilty of a felony, and may be sentenced to imprisonment for not more than five
years or to payment of a fine of not more than $10,000, or both.
new text end

new text begin (d) Notwithstanding any other law, when a court sentences a person convicted under
this subdivision, it shall:
new text end

new text begin (1) impose a fine of not less than 30 percent of the maximum fine authorized by law;
new text end

new text begin (2) order the offender to serve not less than 100 hours of community work service; and
new text end

new text begin (3) order the offender to take a course of study at an approved driver improvement
clinic.
new text end

new text begin (e) The court may reduce the amount of the minimum fine under paragraph (d),
clause (1), to not less than $100, if the convicted person qualifies for the services of
a public defender, or if the court finds on the record that:
new text end

new text begin (1) the convicted person is indigent; or
new text end

new text begin (2) immediate payment would create undue hardship for the convicted person or
that person's immediate family.
new text end

new text begin (f) For purposes of this subdivision:
new text end

new text begin (1) "approved driver improvement clinic" has the meaning given in section 171.20,
subdivision 3;
new text end

new text begin (2) "great bodily harm" has the meaning given in section 609.02, subdivision 8; and
new text end

new text begin (3) "substantial bodily harm" has the meaning given in section 609.02, subdivision 7a.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2012, section 171.17, subdivision 1, is amended to read:

Subdivision 1.

Offenses.

(a) The department shall immediately revoke the license
of a driver upon receiving a record of the driver's conviction of:

(1) manslaughter resulting from the operation of a motor vehicle or criminal
vehicular homicide or injury under section 609.21;

(2) a violation of section 169A.20 or 609.487;

(3) a felony in the commission of which a motor vehicle was used;

(4) failure to stop and disclose identity and render aid, as required under section
169.09, in the event of a motor vehicle accident, resulting in the death or personal injury
of another;

(5) perjury or the making of a false affidavit or statement to the department under
any law relating to the application, ownership, or operation of a motor vehicle, including
on the certification required under section 171.05, subdivision 2, paragraph (a), clause (1),
item (ii), to issue an instruction permit to a homeschool student;

(6) except as this section otherwise provides, three charges of violating within a
period of 12 months any of the provisions of chapter 169 or of the rules or municipal
ordinances enacted in conformance with chapter 169, for which the accused may be
punished upon conviction by imprisonment;

(7) two or more violations, within five years, of the misdemeanor offense described
in section 169.444, subdivision 2, paragraph (a);

(8) the gross misdemeanor offense described in section 169.444, subdivision 2,
paragraph (b);

(9) new text begin a gross misdemeanor offense under section 169.13, subdivision 2a, which must
be for a revocation period of not less than six months;
new text end

new text begin (10) new text end an offense in another state that, if committed in this state, would be grounds for
revoking the driver's license; or

deleted text begin (10) deleted text end new text begin (11) new text end a violation of an applicable speed limit by a person driving in excess of
100 miles per hour. The person's license must be revoked for six months for a violation of
this clause, or for a longer minimum period of time applicable under section 169A.53,
169A.54, or 171.174.

(b) The department shall immediately revoke the school bus endorsement of a driver
upon receiving a record of the driver's conviction of the misdemeanor offense described in
section 169.443, subdivision 7.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and applies to crimes
committed on or after that date.
new text end