1.1                          A bill for an act 
  1.2             relating to crimes; modifying criminal penalties for 
  1.3             DWI; authorizing sentences to programs of intensive 
  1.4             supervision; making technical correction; amending 
  1.5             Minnesota Statutes 1997 Supplement, section 169.121, 
  1.6             subdivision 3e. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1997 Supplement, section 
  1.9   169.121, subdivision 3e, is amended to read: 
  1.10     Subd. 3e.  [ENHANCED GROSS MISDEMEANORS; MANDATORY 
  1.11  PENALTIES.] (a) The mandatory penalties in this subdivision 
  1.12  apply to persons who are convicted of an enhanced gross 
  1.13  misdemeanor under subdivision 3, paragraph (d), or section 
  1.14  169.129.  Notwithstanding section 609.135, these penalties must 
  1.15  be imposed and executed. 
  1.16     (b) A person who is convicted of an enhanced gross 
  1.17  misdemeanor under the circumstances described in subdivision 3, 
  1.18  paragraph (d), clause (1), shall be sentenced as follows: 
  1.19     (1) if the person has one prior impaired driving conviction 
  1.20  within the past ten years, the person must be sentenced 
  1.21  to either (i) a minimum of 90 days of incarceration, at least 30 
  1.22  days of which must be served consecutively in a local 
  1.23  correctional facility, or (ii) a program of intensive 
  1.24  supervision of the type described in section 169.1265 and a 
  1.25  period of incarceration in a local correctional facility.  The 
  1.26  court may order that the person serve not more than 60 days 
  2.1   of this the minimum penalty under item (i) on home detention or 
  2.2   in an intensive probation program described in section 169.1265; 
  2.3      (2) if the person has two prior impaired driving 
  2.4   convictions within the past ten years, the person must be 
  2.5   sentenced to either (i) a minimum of 180 days of incarceration, 
  2.6   at least 30 days of which must be served consecutively in a 
  2.7   local correctional facility, or (ii) a program of intensive 
  2.8   supervision of the type described in section 169.1265 and a 
  2.9   period of incarceration in a local correctional facility.  The 
  2.10  court may order that the person serve not more than 150 days 
  2.11  of this the minimum penalty under item (i) on home detention or 
  2.12  in an intensive probation program described in section 169.1265; 
  2.13  or 
  2.14     (3) if the person has three prior impaired driving 
  2.15  convictions within the past 15 years, or four or more prior 
  2.16  impaired driving convictions within the person's lifetime, the 
  2.17  person must be sentenced to either (i) a minimum of one year of 
  2.18  incarceration, at least 60 days of which must be served 
  2.19  consecutively in a local correctional facility, or (ii) a 
  2.20  program of intensive supervision of the type described in 
  2.21  section 169.1265 and a period of incarceration in a local 
  2.22  correctional facility.  The court may order that the person 
  2.23  serve the remainder of this the minimum penalty under item (i) 
  2.24  on intensive probation using an electronic monitoring system or, 
  2.25  if such a system is unavailable, on home detention. 
  2.26     (c) A person who is convicted of an enhanced gross 
  2.27  misdemeanor under the circumstances described in subdivision 3, 
  2.28  paragraph (d), clause (2) or (3), or under section 169.129, 
  2.29  shall be sentenced as follows: 
  2.30     (1) if the person has two prior impaired driving 
  2.31  convictions, two prior license revocations, or a combination of 
  2.32  the two, within the past ten years, the person must be sentenced 
  2.33  to either (i) a minimum of 90 days incarceration, at least 30 
  2.34  days of which must be served consecutively in a local 
  2.35  correctional facility, or (ii) a program of intensive 
  2.36  supervision of the type described in section 169.1265 and a 
  3.1   period of incarceration in a local correctional facility.  The 
  3.2   court may order that the person serve not more than 60 days 
  3.3   of this the minimum penalty under item (i) on home detention or 
  3.4   in an intensive probation program described in section 169.1265; 
  3.5      (2) if the person has three prior impaired driving 
  3.6   convictions, three prior license revocations, or a combination 
  3.7   of the two, within the past ten years, the person must be 
  3.8   sentenced to either (i) a minimum of 180 days of incarceration, 
  3.9   at least 30 days of which must be served consecutively in a 
  3.10  local correctional facility, or (ii) a program of intensive 
  3.11  supervision of the type described in section 169.1265 and a 
  3.12  period of incarceration in a local correctional facility.  The 
  3.13  court may order that the person serve not more than 150 days 
  3.14  of this the minimum penalty under item (i) on home detention or 
  3.15  in an intensive probation program described in section 169.1265; 
  3.16  or 
  3.17     (3) if the person has:  (i) four prior impaired driving 
  3.18  convictions, four prior license revocations, or a combination of 
  3.19  the two, within the past 15 years; or (ii) has five or more 
  3.20  prior impaired driving convictions, five or more prior license 
  3.21  revocations, or a combination of the two, within the person's 
  3.22  lifetime; then the person must be sentenced to either (i) a 
  3.23  minimum of one year of incarceration, at least 60 days of which 
  3.24  must be served consecutively in a local correctional facility, 
  3.25  or (ii) a program of intensive supervision of the type described 
  3.26  in section 169.1265 and a period of incarceration in a local 
  3.27  correctional facility.  The court may order that the person 
  3.28  serve the remainder of this the minimum penalty under item (i) 
  3.29  on intensive probation using an electronic monitoring system or, 
  3.30  if such a system is unavailable, on home detention. 
  3.31     Sec. 2.  [EFFECTIVE DATE.] 
  3.32     Section 1 is effective the day after final enactment.