HF 1681

Introduction - 79th Legislature (1995 - 1996)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act
  1.2             relating to crimes; driving while intoxicated; 
  1.3             providing gross misdemeanor penalty for criminal 
  1.4             vehicular operation resulting in bodily harm; amending 
  1.5             Minnesota Statutes 1994, sections 84.91, subdivision 
  1.6             5; 86B.331, subdivision 5; 169.121, subdivision 3; 
  1.7             169.1217, subdivision 1; 169.129; 171.30, subdivision 
  1.8             2a; and 609.21, by adding a subdivision. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1994, section 84.91, 
  1.11  subdivision 5, is amended to read: 
  1.12     Subd. 5.  [PENALTIES.] (a) A person who violates any 
  1.13  prohibition contained in subdivision 1, or an ordinance in 
  1.14  conformity with it, is guilty of a misdemeanor.  
  1.15     (b) A person is guilty of a gross misdemeanor who violates 
  1.16  any prohibition contained in subdivision 1: 
  1.17     (1) within five years of a prior: 
  1.18     (i) conviction under subdivision 1, sections 86B.331, 
  1.19  subdivision 1, 169.121, 169.129, or 609.21, subdivision 1, 
  1.20  clauses (2) to (4), 2, clauses (2) to (4), 2a, clauses (2) to 
  1.21  (4), 2b, clauses (2) to (4), 3, clauses (2) to (4), or 4, 
  1.22  clauses (2) to (4); 
  1.23     (ii) civil liability under section 84.911, subdivision 2, 
  1.24  or 86B.335, subdivision 2; or 
  1.25     (iii) conviction under an ordinance of this state or a 
  1.26  statute or ordinance from another state in conformity with any 
  1.27  of them; or 
  2.1      (2) within ten years of the first of two or more prior: 
  2.2      (i) convictions under subdivision 1, sections 86B.331, 
  2.3   subdivision 1, 169.121, 169.129, or 609.21, subdivision 1, 
  2.4   clauses (2) to (4), 2, clauses (2) to (4), 2a, clauses (2) to 
  2.5   (4), 2b, clauses (2) to (4), 3, clauses (2) to (4), or 4, 
  2.6   clauses (2) to (4); 
  2.7      (ii) civil liabilities under section 84.911, subdivision 2, 
  2.8   or 86B.335, subdivision 2; 
  2.9      (iii) convictions of ordinances in conformity with any of 
  2.10  them; or 
  2.11     (iv) convictions or liabilities under any combination of 
  2.12  items (i) to (iii). 
  2.13     (c) The attorney in the jurisdiction where the violation 
  2.14  occurred who is responsible for prosecuting misdemeanor 
  2.15  violations of this section is also responsible for prosecuting 
  2.16  gross misdemeanor violations of this section.  When an attorney 
  2.17  responsible for prosecuting gross misdemeanors under this 
  2.18  section requests criminal history information relating to prior 
  2.19  convictions from a court, the court must furnish the information 
  2.20  without charge. 
  2.21     (d) A person who operates a snowmobile or all-terrain 
  2.22  vehicle during the period the person is prohibited from 
  2.23  operating the vehicle under subdivision 6 is guilty of a 
  2.24  misdemeanor.  
  2.25     Sec. 2.  Minnesota Statutes 1994, section 86B.331, 
  2.26  subdivision 5, is amended to read: 
  2.27     Subd. 5.  [PENALTIES.] (a) A person who violates a 
  2.28  prohibition contained in subdivision 1, or an ordinance in 
  2.29  conformity with it, is guilty of a misdemeanor. 
  2.30     (b) A person is guilty of a gross misdemeanor who violates 
  2.31  a prohibition contained in subdivision 1:  
  2.32     (1) within five years of a prior: 
  2.33     (i) conviction under subdivision 1, sections 84.91, 
  2.34  subdivision 1, 169.121, 169.129, or 609.21, subdivision 1, 
  2.35  clauses (2) to (4), 2, clauses (2) to (4), 2a, clauses (2) to 
  2.36  (4), 2b, clauses (2) to (4), 3, clauses (2) to (4), or 4, 
  3.1   clauses (2) to (4); 
  3.2      (ii) civil liability under section 84.911, subdivision 2, 
  3.3   or 86B.335, subdivision 2; or 
  3.4      (iii) conviction under an ordinance of this state or a 
  3.5   statute or ordinance from another state in conformity with any 
  3.6   of them; or 
  3.7      (2) within ten years of the first of two or more prior: 
  3.8      (i) convictions under subdivision 1, sections 84.91, 
  3.9   subdivision 1, 169.121, 169.129, or 609.21, subdivision 1, 
  3.10  clauses (2) to (4), 2, clauses (2) to (4), 2a, clauses (2) to 
  3.11  (4), 2b, clauses (2) to (4), 3, clauses (2) to (4), or 4, 
  3.12  clauses (2) to (4); 
  3.13     (ii) civil liabilities under section 84.911, subdivision 2, 
  3.14  or 86B.335, subdivision 2; 
  3.15     (iii) convictions of ordinances in conformity with any of 
  3.16  them; or 
  3.17     (iv) convictions or liabilities under any combination of 
  3.18  items (i) to (iii).  
  3.19     (c) The attorney in the jurisdiction where the violation 
  3.20  occurred who is responsible for prosecution of misdemeanor 
  3.21  violations of this section is also responsible for prosecution 
  3.22  of gross misdemeanor violations of this section.  When an 
  3.23  attorney responsible for prosecuting gross misdemeanors under 
  3.24  this section requests criminal history information relating to 
  3.25  prior convictions from a court, the court must furnish the 
  3.26  information without charge. 
  3.27     (d) A person who operates a motorboat on the waters of this 
  3.28  state during the period the person is prohibited from operating 
  3.29  any motorboat or after the person's watercraft operator's permit 
  3.30  has been revoked, as provided under subdivision 6, is guilty of 
  3.31  a misdemeanor.  
  3.32     Sec. 3.  Minnesota Statutes 1994, section 169.121, 
  3.33  subdivision 3, is amended to read: 
  3.34     Subd. 3.  [CRIMINAL PENALTIES.] (a) As used in this 
  3.35  subdivision:  
  3.36     (1) "prior impaired driving conviction" means a prior 
  4.1   conviction under this section; section 84.91, subdivision 1, 
  4.2   paragraph (a); 86B.331, subdivision 1, paragraph (a); 169.129; 
  4.3   360.0752; 609.21, subdivision 1, clauses (2) to (4); 609.21, 
  4.4   subdivision 2, clauses (2) to (4); 609.21, subdivision 2a, 
  4.5   clauses (2) to (4); 609.21, subdivision 2b, clauses (2) to (4); 
  4.6   609.21, subdivision 3, clauses (2) to (4); 609.21, subdivision 
  4.7   4, clauses (2) to (4); or an ordinance from this state, or a 
  4.8   statute or ordinance from another state in conformity with any 
  4.9   of them.  A prior impaired driving conviction also includes a 
  4.10  prior juvenile adjudication that would have been a prior 
  4.11  impaired driving conviction if committed by an adult; and 
  4.12     (2) "prior license revocation" means a driver's license 
  4.13  suspension, revocation, or cancellation under this section; 
  4.14  section 169.123; 171.04; 171.14; 171.16; 171.17; or 171.18 
  4.15  because of an alcohol-related incident; 609.21, subdivision 1, 
  4.16  clauses (2) to (4); 609.21, subdivision 2, clauses (2) to (4); 
  4.17  609.21, subdivision 2a, clauses (2) to (4); 609.21, subdivision 
  4.18  2b, clauses (2) to (4); 609.21, subdivision 3, clauses (2) to 
  4.19  (4); or 609.21, subdivision 4, clauses (2) to (4). 
  4.20     (b) A person who violates subdivision 1 or 1a, or an 
  4.21  ordinance in conformity with either of them, is guilty of a 
  4.22  misdemeanor. 
  4.23     (c) A person is guilty of a gross misdemeanor under any of 
  4.24  the following circumstances: 
  4.25     (1) the person violates subdivision 1 within five years of 
  4.26  a prior impaired driving conviction, or within ten years of the 
  4.27  first of two or more prior impaired driving convictions; 
  4.28     (2) the person violates subdivision 1a within five years of 
  4.29  a prior license revocation, or within ten years of the first of 
  4.30  two or more prior license revocations; 
  4.31     (3) the person violates section 169.26 while in violation 
  4.32  of subdivision 1; or 
  4.33     (4) the person violates subdivision 1 or 1a while a child 
  4.34  under the age of 16 is in the vehicle, if the child is more than 
  4.35  36 months younger than the violator. 
  4.36     (d) The attorney in the jurisdiction in which the violation 
  5.1   occurred who is responsible for prosecution of misdemeanor 
  5.2   violations of this section shall also be responsible for 
  5.3   prosecution of gross misdemeanor violations of this section. 
  5.4      (e) The court must impose consecutive sentences when it 
  5.5   sentences a person for a violation of this section or section 
  5.6   169.29 arising out of separate behavioral incidents.  The court 
  5.7   also must impose a consecutive sentence when it sentences a 
  5.8   person for a violation of this section or section 169.129 and 
  5.9   the person, at the time of sentencing, is on probation for, or 
  5.10  serving, an executed sentence for a violation of this section or 
  5.11  section 169.29 and the prior sentence involved a separate 
  5.12  behavioral incident.  The court also may order that the sentence 
  5.13  imposed for a violation of this section or section 169.29 shall 
  5.14  run consecutively to a previously imposed misdemeanor, gross 
  5.15  misdemeanor or felony sentence for a violation other than this 
  5.16  section or section 169.129. 
  5.17     (f) When an attorney responsible for prosecuting gross 
  5.18  misdemeanors under this section requests criminal history 
  5.19  information relating to prior impaired driving convictions from 
  5.20  a court, the court must furnish the information without charge. 
  5.21     (g) A violation of subdivision 1a may be prosecuted either 
  5.22  in the jurisdiction where the arresting officer observed the 
  5.23  defendant driving, operating, or in control of the motor vehicle 
  5.24  or in the jurisdiction where the refusal occurred. 
  5.25     Sec. 4.  Minnesota Statutes 1994, section 169.1217, 
  5.26  subdivision 1, is amended to read: 
  5.27     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  5.28  following terms have the meanings given them: 
  5.29     (a) "Appropriate authority" means a law enforcement agency 
  5.30  that has the authority to make an arrest for a violation of a 
  5.31  designated offense. 
  5.32     (b) "Designated offense" includes a violation of section 
  5.33  169.121, an ordinance in conformity with it, or 169.129: 
  5.34     (1) within five years of three prior driving under the 
  5.35  influence convictions or three prior license revocations based 
  5.36  on separate incidents; 
  6.1      (2) within 15 years of the first of four or more prior 
  6.2   driving under the influence convictions or the first of four or 
  6.3   more prior license revocations based on separate incidents; 
  6.4      (3) by a person whose driver's license or driving 
  6.5   privileges have been canceled under section 171.04, subdivision 
  6.6   1, clause (8); or 
  6.7      (4) by a person who is subject to a restriction on the 
  6.8   person's driver's license under section 171.09 which provides 
  6.9   that the person may not use or consume any amount of alcohol or 
  6.10  a controlled substance. 
  6.11     "Designated offense" also includes a violation of section 
  6.12  169.121, subdivision 3, paragraph (c), clause (4): 
  6.13     (1) within five years of two prior driving under the 
  6.14  influence convictions or two prior license revocations based on 
  6.15  separate incidents; or 
  6.16     (2) within 15 years of the first of three or more prior 
  6.17  driving under the influence convictions or the first of three or 
  6.18  more prior license revocations based on separate incidents. 
  6.19     (c) "Motor vehicle" and "vehicle" have the meaning given 
  6.20  "motor vehicle" in section 169.121, subdivision 11.  The terms 
  6.21  do not include a vehicle which is stolen or taken in violation 
  6.22  of the law. 
  6.23     (d) "Owner" means the registered owner of the motor vehicle 
  6.24  according to records of the department of public safety and 
  6.25  includes a lessee of a motor vehicle if the lease agreement has 
  6.26  a term of 180 days or more. 
  6.27     (e) "Prior driving under the influence conviction" means a 
  6.28  prior conviction under section 169.121; 169.129; or 609.21, 
  6.29  subdivision 1, clauses (2) to (4); 2, clauses (2) to (4); 2a, 
  6.30  clauses (2) to (4); 2b, clauses (2) to (4); 3, clauses (2) to 
  6.31  (4); or 4, clauses (2) to (4); or an ordinance from this state, 
  6.32  or a statute or ordinance from another state in conformity with 
  6.33  any of them.  A prior driving under the influence conviction 
  6.34  also includes a prior juvenile adjudication that would have been 
  6.35  a prior driving under the influence conviction if committed by 
  6.36  an adult. 
  7.1      (f) "Prior license revocation" has the meaning given it in 
  7.2   section 169.121, subdivision 3. 
  7.3      (g) "Prosecuting authority" means the attorney in the 
  7.4   jurisdiction in which the designated offense occurred who is 
  7.5   responsible for prosecuting violations of a designated offense. 
  7.6      Sec. 5.  Minnesota Statutes 1994, section 169.129, is 
  7.7   amended to read: 
  7.8      169.129 [AGGRAVATED VIOLATIONS; PENALTY.] 
  7.9      Any person is guilty of a gross misdemeanor who drives, 
  7.10  operates, or is in physical control of a motor vehicle, the 
  7.11  operation of which requires a driver's license, within this 
  7.12  state or upon the ice of any boundary water of this state in 
  7.13  violation of section 169.121 or an ordinance in conformity with 
  7.14  it before the person's driver's license or driver's privilege 
  7.15  has been reinstated following its cancellation, suspension, 
  7.16  revocation, or denial under any of the following:  section 
  7.17  169.121, 169.1211, or 169.123; section 171.04, 171.14, 171.16, 
  7.18  171.17, or 171.18 because of an alcohol-related incident; 
  7.19  section 609.21, subdivision 1, clauses (2) to (4); 609.21, 
  7.20  subdivision 2, clauses (2) to (4); 609.21, subdivision 2a, 
  7.21  clauses (2) to (4); 609.21, subdivision 2b, clauses (2) to (4); 
  7.22  609.21, subdivision 3, clauses (2) to (4); or 609.21, 
  7.23  subdivision 4, clauses (2) to (4).  
  7.24     The attorney in the jurisdiction in which the violation of 
  7.25  this section occurred who is responsible for prosecution of 
  7.26  misdemeanor violations of section 169.121 shall also be 
  7.27  responsible for prosecution of violations of this section. 
  7.28     Sec. 6.  Minnesota Statutes 1994, section 171.30, 
  7.29  subdivision 2a, is amended to read: 
  7.30     Subd. 2a.  [OTHER WAITING PERIODS.] Notwithstanding 
  7.31  subdivision 2, a limited license shall not be issued for a 
  7.32  period of: 
  7.33     (1) 15 days, to a person whose license or privilege has 
  7.34  been revoked or suspended for a violation of section 169.121, 
  7.35  169.123, or a statute or ordinance from another state in 
  7.36  conformity with either of those sections; 
  8.1      (2) 90 days, to a person who submitted to testing under 
  8.2   section 169.123 if the person's license or privilege has been 
  8.3   revoked or suspended for a second or subsequent violation of 
  8.4   section 169.121, 169.123, or a statute or ordinance from another 
  8.5   state in conformity with either of those sections; 
  8.6      (3) 180 days, to a person:  
  8.7      (i) who refused testing under section 169.123 if the 
  8.8   person's license or privilege has been revoked or suspended for 
  8.9   a second or subsequent violation of section 169.121, 169.123, or 
  8.10  a statute or ordinance from another state in conformity with 
  8.11  either of those sections; or 
  8.12     (ii) whose license or privilege has been revoked or 
  8.13  suspended for a violation of section 609.21, subdivision 2b; or 
  8.14     (4) one year, to a person whose license or privilege has 
  8.15  been revoked or suspended for committing manslaughter resulting 
  8.16  from the operation of a motor vehicle, committing criminal 
  8.17  vehicular homicide or injury under section 609.21, subdivisions 
  8.18  1, 2, 2a, 3, or 4, or violating a statute or ordinance from 
  8.19  another state in conformity with either of those offenses. 
  8.20     Sec. 7.  Minnesota Statutes 1994, section 609.21, is 
  8.21  amended by adding a subdivision to read: 
  8.22     Subd. 2b.  [RESULTING IN BODILY HARM.] A person is guilty 
  8.23  of criminal vehicular operation resulting in bodily harm and may 
  8.24  be sentenced to imprisonment for not more than one year or to 
  8.25  payment of a fine of not more than $3,000, or both, if the 
  8.26  person causes bodily harm to another, as a result of operating a 
  8.27  motor vehicle: 
  8.28     (1) in a grossly negligent manner; 
  8.29     (2) in a negligent manner while under the influence of 
  8.30  alcohol, a controlled substance, or any combination of those 
  8.31  elements; 
  8.32     (3) while having an alcohol concentration of 0.10 or more; 
  8.33  or 
  8.34     (4) while having an alcohol concentration of 0.10 or more, 
  8.35  as measured within two hours of the time of driving. 
  8.36     Sec. 8.  [EFFECTIVE DATE.] 
  9.1      Sections 1 to 7 are effective August 1, 1995, and apply to 
  9.2   violations committed on or after that date.