HF 1427

1st Engrossment - 82nd Legislature (2001 - 2002)

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

  1.1                          A bill for an act 
  1.2             relating to impaired driving; creating a reporting 
  1.3             requirement for health professionals who have any 
  1.4             evidence of injuries stemming from a traffic crash 
  1.5             that was alcohol related, and providing civil and 
  1.6             criminal immunity for failure to comply; providing 
  1.7             courts with greater flexibility in using electronic 
  1.8             alcohol monitoring to ensure compliance with alcohol 
  1.9             abstinence during probation; extending the list of 
  1.10            crimes for which consecutive sentencing is allowed to 
  1.11            include a violation of the "no-alcohol" condition of a 
  1.12            limited license; extending the list of permitted uses 
  1.13            of an alcohol screening test to include a prosecution 
  1.14            for a violation of the crime of refusing to submit to 
  1.15            the chemical test; extending the list of DWI offenders 
  1.16            who are ineligible for a shortened license revocation 
  1.17            period to include any person whose alcohol 
  1.18            concentration at the time of the violation exceeds 
  1.19            0.20; clarifying that a person who violates implied 
  1.20            consent law with an alcohol concentration of 0.20 or 
  1.21            more or during child endangerment is eligible for 
  1.22            license plate impoundment; preventing vehicle 
  1.23            forfeiture for first-time DWI offenders who might 
  1.24            otherwise qualify; increasing the legal penalty to the 
  1.25            level of a gross misdemeanor for a violation of the 
  1.26            "no-alcohol" condition on a restricted driver's 
  1.27            license, if the violation occurs while the person is 
  1.28            driving a motor vehicle; raising the license 
  1.29            reinstatement fee for a person convicted of criminal 
  1.30            vehicular homicide or injury; providing penalties; 
  1.31            amending Minnesota Statutes 2000, sections 169A.277, 
  1.32            subdivision 2; 169A.28, subdivision 2; 169A.41, 
  1.33            subdivision 2; 169A.51, subdivision 7; 169A.54, 
  1.34            subdivision 6; 169A.60, subdivision 1; 171.09; 171.29, 
  1.35            subdivision 2; 609.035, subdivision 2; 626.52; 626.55, 
  1.36            subdivision 1; repealing Minnesota Statutes 2000, 
  1.37            sections 626.55, subdivision 2. 
  1.38  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.39     Section 1.  Minnesota Statutes 2000, section 169A.277, 
  1.40  subdivision 2, is amended to read: 
  1.41     Subd. 2.  [MONITORING REQUIRED.] When the court sentences a 
  2.1   person described in subdivision 1 to a stayed sentence and when 
  2.2   electronic monitoring equipment is available to the court, the 
  2.3   court shall require that the person participate in a program of 
  2.4   electronic alcohol monitoring in addition to any other 
  2.5   conditions of probation or jail time it imposes.  During the 
  2.6   first one-third of the person's probationary term, the 
  2.7   electronic alcohol monitoring must be continuous and involve 
  2.8   measurements of the person's alcohol concentration at least 
  2.9   three times a day.  During the remainder of the person's 
  2.10  probationary term, the electronic alcohol monitoring may be 
  2.11  intermittent, as determined by the court.  The court must order 
  2.12  the monitoring for a minimum of 30 consecutive days during each 
  2.13  year of the person's probationary period. 
  2.14     Sec. 2.  Minnesota Statutes 2000, section 169A.28, 
  2.15  subdivision 2, is amended to read: 
  2.16     Subd. 2.  [PERMISSIVE CONSECUTIVE SENTENCES; MULTIPLE 
  2.17  OFFENSES.] (a) When a person is being sentenced for a violation 
  2.18  of a provision listed in paragraph (e), the court may sentence 
  2.19  the person to a consecutive term of imprisonment for a violation 
  2.20  of any other provision listed in paragraph (e), notwithstanding 
  2.21  the fact that the offenses arose out of the same course of 
  2.22  conduct, subject to the limitation on consecutive sentences 
  2.23  contained in section 609.15, subdivision 2, and except as 
  2.24  provided in paragraphs (b) and (c). 
  2.25     (b) When a person is being sentenced for a violation of 
  2.26  section 171.20 (operation after revocation, suspension, 
  2.27  cancellation, or disqualification), 171.24 (driving without 
  2.28  valid license), or 171.30 (violation of condition of limited 
  2.29  license), the court may not impose a consecutive sentence for 
  2.30  another violation of a provision in chapter 171 (drivers' 
  2.31  licenses and training schools). 
  2.32     (c) When a person is being sentenced for a violation of 
  2.33  section 169.791 (failure to provide proof of insurance) or 
  2.34  169.797 (failure to provide vehicle insurance), the court may 
  2.35  not impose a consecutive sentence for another violation of a 
  2.36  provision of sections 169.79 to 169.7995. 
  3.1      (d) This subdivision does not limit the authority of the 
  3.2   court to impose consecutive sentences for crimes arising on 
  3.3   different dates or to impose a consecutive sentence when a 
  3.4   person is being sentenced for a crime and is also in violation 
  3.5   of the conditions of a stayed or otherwise deferred sentence 
  3.6   under section 609.135 (stay of imposition or execution of 
  3.7   sentence). 
  3.8      (e) This subdivision applies to misdemeanor and gross 
  3.9   misdemeanor violations of the following if the offender has two 
  3.10  or more prior impaired driving convictions within the past ten 
  3.11  years: 
  3.12     (1) section 169A.20, subdivision 1 (driving while impaired; 
  3.13  impaired driving offenses); 
  3.14     (2) section 169A.20, subdivision 2 (driving while impaired; 
  3.15  test refusal offense); 
  3.16     (3) section 169.791; 
  3.17     (3) (4) section 169.797; 
  3.18     (4) (5) section 171.09 (violation of condition of 
  3.19  restricted license); 
  3.20     (6) section 171.20, subdivision 2 (operation after 
  3.21  revocation, suspension, cancellation, or disqualification); 
  3.22     (5) (7) section 171.24; and 
  3.23     (6) (8) section 171.30. 
  3.24     Sec. 3.  Minnesota Statutes 2000, section 169A.41, 
  3.25  subdivision 2, is amended to read: 
  3.26     Subd. 2.  [USE OF TEST RESULTS.] The results of this 
  3.27  preliminary screening test must be used for the purpose of 
  3.28  deciding whether an arrest should be made and whether to require 
  3.29  the tests authorized in section 169A.51 (chemical tests for 
  3.30  intoxication), but must not be used in any court action except 
  3.31  the following: 
  3.32     (1) to prove that a test was properly required of a person 
  3.33  pursuant to section 169A.51, subdivision 1; 
  3.34     (2) in a civil action arising out of the operation or use 
  3.35  of the motor vehicle; 
  3.36     (3) in an action for license reinstatement under section 
  4.1   171.19; 
  4.2      (4) in a prosecution for a violation of section 169A.20, 
  4.3   subdivision 2 (driving while impaired; test refusal); 
  4.4      (5) in a prosecution or juvenile court proceeding 
  4.5   concerning a violation of section 169A.33 (underage drinking and 
  4.6   driving), or 340A.503, subdivision 1, paragraph (a), clause (2) 
  4.7   (underage alcohol consumption); 
  4.8      (5) (6) in a prosecution under section 169A.31, 
  4.9   (alcohol-related school or Head Start bus driving); or 171.30 
  4.10  (limited license); or 
  4.11     (6) (7) in a prosecution for a violation of a restriction 
  4.12  on a driver's license under section 171.09, which provides that 
  4.13  the license holder may not use or consume any amount of alcohol 
  4.14  or a controlled substance. 
  4.15     Sec. 4.  Minnesota Statutes 2000, section 169A.51, 
  4.16  subdivision 7, is amended to read: 
  4.17     Subd. 7.  [REQUIREMENTS FOR CONDUCTING TESTS; LIABILITY.] 
  4.18  (a) Only a physician, medical technician, physician's trained 
  4.19  mobile intensive care paramedic emergency medical 
  4.20  technician-paramedic, registered nurse, medical 
  4.21  technologist, medical laboratory technician, or laboratory 
  4.22  assistant acting at the request of a peace officer may withdraw 
  4.23  blood for the purpose of determining the presence of alcohol, 
  4.24  controlled substances, or hazardous substances.  This limitation 
  4.25  does not apply to the taking of a breath or urine sample. 
  4.26     (b) The person tested has the right to have someone of the 
  4.27  person's own choosing administer a chemical test or tests in 
  4.28  addition to any administered at the direction of a peace 
  4.29  officer; provided, that the additional test sample on behalf of 
  4.30  the person is obtained at the place where the person is in 
  4.31  custody, after the test administered at the direction of a peace 
  4.32  officer, and at no expense to the state.  The failure or 
  4.33  inability to obtain an additional test or tests by a person does 
  4.34  not preclude the admission in evidence of the test taken at the 
  4.35  direction of a peace officer unless the additional test was 
  4.36  prevented or denied by the peace officer. 
  5.1      (c) The physician, medical technician, physician's trained 
  5.2   mobile intensive care paramedic emergency medical 
  5.3   technician-paramedic, medical technologist, medical laboratory 
  5.4   technician, laboratory assistant, or registered nurse drawing 
  5.5   blood at the request of a peace officer for the purpose of 
  5.6   determining the concentration of alcohol, controlled substances, 
  5.7   or hazardous substances is in no manner liable in any civil or 
  5.8   criminal action except for negligence in drawing the blood.  The 
  5.9   person administering a breath test must be fully trained in the 
  5.10  administration of breath tests pursuant to training given by the 
  5.11  commissioner of public safety. 
  5.12     Sec. 5.  Minnesota Statutes 2000, section 169A.54, 
  5.13  subdivision 6, is amended to read: 
  5.14     Subd. 6.  [APPLICABILITY OF IMPLIED CONSENT REVOCATION.] 
  5.15  Except for a person whose license has been revoked under 
  5.16  subdivision 2, and except for a person convicted of a violation 
  5.17  of section 169A.20 (driving while impaired) while having a child 
  5.18  under the age of 16 in the vehicle if the child is more than 36 
  5.19  months younger than the offender, (a) Any person whose license 
  5.20  has been revoked pursuant to section 169A.52 (license revocation 
  5.21  for test failure or refusal) as the result of the same incident, 
  5.22  and who does not have a qualified prior impaired driving 
  5.23  incident, is subject to the mandatory revocation provisions of 
  5.24  subdivision 1, clause (1) or (2), in lieu of the mandatory 
  5.25  revocation provisions of section 169A.52. 
  5.26     (b) Paragraph (a) does not apply to: 
  5.27     (1) a person whose license has been revoked under 
  5.28  subdivision 2 (driving while impaired by person under age 21); 
  5.29     (2) a person charged with violating section 169A.20 
  5.30  (driving while impaired) with the aggravating factor of having 
  5.31  an alcohol concentration of 0.20 or more as measured at the 
  5.32  time, or within two hours of the time, of the offense, and the 
  5.33  person is convicted of that offense or any other offense 
  5.34  described in section 169A.20 arising out of the same set of 
  5.35  circumstances; or 
  5.36     (3) a person charged with violating section 169A.20 
  6.1   (driving while impaired) with the aggravating factor of having a 
  6.2   child under the age of 16 in the vehicle and the child is more 
  6.3   than 36 months younger than the offender, and the person is 
  6.4   convicted of that offense or any other offense described in 
  6.5   section 169A.20 arising out of the same set of circumstances. 
  6.6      Sec. 6.  Minnesota Statutes 2000, section 169A.60, 
  6.7   subdivision 1, is amended to read: 
  6.8      Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
  6.9   the following terms have the meanings given in this subdivision. 
  6.10     (b) "Motor vehicle" means a self-propelled motor vehicle 
  6.11  other than a motorboat in operation or a recreational vehicle. 
  6.12     (c) "Plate impoundment violation" includes: 
  6.13     (1) a violation of section 169A.20 (driving while impaired) 
  6.14  or 169A.52 (license revocation for test failure or refusal), or 
  6.15  a conforming ordinance from this state or a conforming statute 
  6.16  or ordinance from another state, that results in the revocation 
  6.17  of a person's driver's license or driving privileges, within ten 
  6.18  years of a qualified prior impaired driving incident; 
  6.19     (2) a license disqualification under section 171.165 
  6.20  (commercial driver's license disqualification) resulting from a 
  6.21  violation of section 169A.52 within ten years of a qualified 
  6.22  prior impaired driving incident; 
  6.23     (3) a violation of section 169A.20 or 169A.52 while having 
  6.24  an alcohol concentration of 0.20 or more as measured at the 
  6.25  time, or within two hours of the time, of the offense; 
  6.26     (4) a violation of section 169A.20 or 169A.52 while having 
  6.27  a child under the age of 16 in the vehicle if the child is more 
  6.28  than 36 months younger than the offender; and 
  6.29     (5) a violation of section 171.24 (driving without valid 
  6.30  license) by a person whose driver's license or driving 
  6.31  privileges have been canceled under section 171.04, subdivision 
  6.32  1, clause (10) (persons not eligible for driver's license, 
  6.33  inimical to public safety). 
  6.34     (d) "Violator" means a person who was driving, operating, 
  6.35  or in physical control of the motor vehicle when the plate 
  6.36  impoundment violation occurred. 
  7.1      Sec. 7.  Minnesota Statutes 2000, section 171.09, is 
  7.2   amended to read: 
  7.3      171.09 [COMMISSIONER MAY IMPOSE RESTRICTIONS.] 
  7.4      (a) The commissioner shall have the authority, when good 
  7.5   cause appears, to impose restrictions suitable to the licensee's 
  7.6   driving ability or such other restrictions applicable to the 
  7.7   licensee as the commissioner may determine to be appropriate to 
  7.8   assure the safe operation of a motor vehicle by the licensee.  
  7.9   The commissioner may, upon receiving satisfactory evidence of 
  7.10  any violation of the restrictions of the license, suspend or 
  7.11  revoke the license.  A license suspension under this section is 
  7.12  subject to section 171.18, subdivisions 2 and 3. 
  7.13     (b) It is unlawful for any person to operate A person who 
  7.14  drives, operates, or is in physical control of a motor 
  7.15  vehicle in any manner while in violation of the restrictions 
  7.16  imposed in a restricted driver's license issued to that person 
  7.17  under paragraph (a) is guilty of a crime as follows: 
  7.18     (1) if the restriction relates to the possession or 
  7.19  consumption of alcohol or controlled substances, the person is 
  7.20  guilty of a gross misdemeanor; or 
  7.21     (2) if other than clause (1), the person is guilty of a 
  7.22  misdemeanor.  
  7.23     Sec. 8.  Minnesota Statutes 2000, section 171.29, 
  7.24  subdivision 2, is amended to read: 
  7.25     Subd. 2.  [FEES, ALLOCATION.] (a) A person whose driver's 
  7.26  license has been revoked as provided in subdivision 1, except 
  7.27  under section 169A.52 or, 169A.54, or 609.21, shall pay a $30 
  7.28  fee before the driver's license is reinstated. 
  7.29     (b) A person whose driver's license has been revoked as 
  7.30  provided in subdivision 1 under section 169A.52 or, 169A.54, or 
  7.31  609.21, shall pay a $250 fee plus a $40 surcharge before the 
  7.32  driver's license is reinstated.  The $250 fee is to be credited 
  7.33  as follows: 
  7.34     (1) Twenty percent must be credited to the trunk highway 
  7.35  fund. 
  7.36     (2) Fifty-five percent must be credited to the general fund.
  8.1      (3) Eight percent must be credited to a separate account to 
  8.2   be known as the bureau of criminal apprehension account.  Money 
  8.3   in this account may be appropriated to the commissioner of 
  8.4   public safety and the appropriated amount must be apportioned 80 
  8.5   percent for laboratory costs and 20 percent for carrying out the 
  8.6   provisions of section 299C.065. 
  8.7      (4) Twelve percent must be credited to a separate account 
  8.8   to be known as the alcohol-impaired driver education account.  
  8.9   Money in the account is appropriated as follows: 
  8.10     (i) the first $200,000 in a fiscal year to the commissioner 
  8.11  of children, families, and learning for programs for elementary 
  8.12  and secondary school students; and 
  8.13     (ii) the remainder credited in a fiscal year to the 
  8.14  commissioner of transportation to be spent as grants to the 
  8.15  Minnesota highway safety center at St. Cloud State University 
  8.16  for programs relating to alcohol and highway safety education in 
  8.17  elementary and secondary schools. 
  8.18     (5) Five percent must be credited to a separate account to 
  8.19  be known as the traumatic brain injury and spinal cord injury 
  8.20  account.  The money in the account is annually appropriated to 
  8.21  the commissioner of health to be used as follows:  35 percent 
  8.22  for a contract with a qualified community-based organization to 
  8.23  provide information, resources, and support to assist persons 
  8.24  with traumatic brain injury and their families to access 
  8.25  services, and 65 percent to maintain the traumatic brain injury 
  8.26  and spinal cord injury registry created in section 144.662.  For 
  8.27  the purposes of this clause, a "qualified community-based 
  8.28  organization" is a private, not-for-profit organization of 
  8.29  consumers of traumatic brain injury services and their family 
  8.30  members.  The organization must be registered with the United 
  8.31  States Internal Revenue Service under section 501(c)(3) as a 
  8.32  tax-exempt organization and must have as its purposes:  
  8.33     (i) the promotion of public, family, survivor, and 
  8.34  professional awareness of the incidence and consequences of 
  8.35  traumatic brain injury; 
  8.36     (ii) the provision of a network of support for persons with 
  9.1   traumatic brain injury, their families, and friends; 
  9.2      (iii) the development and support of programs and services 
  9.3   to prevent traumatic brain injury; 
  9.4      (iv) the establishment of education programs for persons 
  9.5   with traumatic brain injury; and 
  9.6      (v) the empowerment of persons with traumatic brain injury 
  9.7   through participation in its governance. 
  9.8   No patient's name, identifying information or identifiable 
  9.9   medical data will be disclosed to the organization without the 
  9.10  informed voluntary written consent of the patient or patient's 
  9.11  guardian, or if the patient is a minor, of the parent or 
  9.12  guardian of the patient. 
  9.13     (c) The $40 surcharge must be credited to a separate 
  9.14  account to be known as the remote electronic alcohol monitoring 
  9.15  program account.  The commissioner shall transfer the balance of 
  9.16  this account to the commissioner of finance on a monthly basis 
  9.17  for deposit in the general fund. 
  9.18     (d) When these fees are collected by a licensing agent, 
  9.19  appointed under section 171.061, a handling charge is imposed in 
  9.20  the amount specified under section 171.061, subdivision 4.  The 
  9.21  reinstatement fees and surcharge must be deposited in an 
  9.22  approved state depository as directed under section 171.061, 
  9.23  subdivision 4. 
  9.24     Sec. 9.  Minnesota Statutes 2000, section 609.035, 
  9.25  subdivision 2, is amended to read: 
  9.26     Subd. 2.  (a) When a person is being sentenced for a 
  9.27  violation of a provision listed in paragraph (e), the court may 
  9.28  sentence the person to a consecutive term of imprisonment for a 
  9.29  violation of any other provision listed in paragraph (e), 
  9.30  notwithstanding the fact that the offenses arose out of the same 
  9.31  course of conduct, subject to the limitation on consecutive 
  9.32  sentences contained in section 609.15, subdivision 2, and except 
  9.33  as provided in paragraphs (b), (c), and (f) of this subdivision. 
  9.34     (b) When a person is being sentenced for a violation of 
  9.35  section 171.09, 171.20, 171.24, or 171.30, the court may not 
  9.36  impose a consecutive sentence for another violation of a 
 10.1   provision in chapter 171. 
 10.2      (c) When a person is being sentenced for a violation of 
 10.3   section 169.791 or 169.797, the court may not impose a 
 10.4   consecutive sentence for another violation of a provision of 
 10.5   sections 169.79 to 169.7995. 
 10.6      (d) This subdivision does not limit the authority of the 
 10.7   court to impose consecutive sentences for crimes arising on 
 10.8   different dates or to impose a consecutive sentence when a 
 10.9   person is being sentenced for a crime and is also in violation 
 10.10  of the conditions of a stayed or otherwise deferred sentence 
 10.11  under section 609.135. 
 10.12     (e) This subdivision applies to misdemeanor and gross 
 10.13  misdemeanor violations of the following if the offender has two 
 10.14  or more prior impaired driving convictions as defined in section 
 10.15  169A.03 within the past ten years: 
 10.16     (1) section 169A.20, subdivision 1, driving while impaired; 
 10.17     (2) section 169A.20, subdivision 2, test refusal; 
 10.18     (3) section 169.791, failure to provide proof of insurance; 
 10.19     (3) (4) section 169.797, failure to provide vehicle 
 10.20  insurance; 
 10.21     (4) (5) section 171.09, violation of condition of 
 10.22  restricted license; 
 10.23     (6) section 171.20, subdivision 2, operation after 
 10.24  revocation, suspension, cancellation, or disqualification; 
 10.25     (5) (7) section 171.24, driving without valid license; and 
 10.26     (6) (8) section 171.30, violation of condition of limited 
 10.27  license. 
 10.28     (f) When a court is sentencing an offender for a violation 
 10.29  of section 169A.20 and a violation of an offense listed in 
 10.30  paragraph (e), and the offender has five or more qualified prior 
 10.31  impaired driving incidents, as defined in section 169A.03, 
 10.32  within the past ten years, the court shall sentence the offender 
 10.33  to serve consecutive sentences for the offenses, notwithstanding 
 10.34  the fact that the offenses arose out of the same course of 
 10.35  conduct. 
 10.36     Sec. 10.  Minnesota Statutes 2000, section 626.52, is 
 11.1   amended to read: 
 11.2      626.52 [REPORTING OF SUSPICIOUS WOUNDS AND ALCOHOL-RELATED 
 11.3   OR CONTROLLED SUBSTANCE-RELATED ACCIDENTS BY HEALTH 
 11.4   PROFESSIONALS.] 
 11.5      Subdivision 1.  [DEFINITION.] As used in this section, 
 11.6   "health professional" means a physician, surgeon, person 
 11.7   authorized to engage in the practice of healing, superintendent 
 11.8   or manager of a hospital, nurse, or pharmacist. 
 11.9      Subd. 2.  [HEALTH PROFESSIONALS REQUIRED TO REPORT.] (a) A 
 11.10  health professional shall immediately report, as provided under 
 11.11  section 626.53, to the local police department or county sheriff 
 11.12  all bullet wounds, gunshot wounds, powder burns, or any other 
 11.13  injury arising from, or caused by the discharge of any gun, 
 11.14  pistol, or any other firearm, which wound the health 
 11.15  professional is called upon to treat, dress, or bandage.  
 11.16     (b) A health professional shall report to the proper police 
 11.17  authorities any wound that the reporter has reasonable cause to 
 11.18  believe has been inflicted on a perpetrator of a crime by a 
 11.19  dangerous weapon other than a firearm as defined under section 
 11.20  609.02, subdivision 6. 
 11.21     (c) When asked to do so by a peace officer, a health 
 11.22  professional shall report to the officer instances in which the 
 11.23  professional treats a person for an injury resulting from a 
 11.24  motor vehicle accident when there is any evidence suggesting 
 11.25  that the person involved in the accident has ingested alcohol or 
 11.26  a controlled substance.  Any person reporting in good faith and 
 11.27  exercising due care has immunity from any liability, civil or 
 11.28  criminal, that otherwise might result by reason of the person's 
 11.29  actions pursuant to this paragraph.  No cause of action may be 
 11.30  brought against any person for not making a report pursuant to 
 11.31  this paragraph. 
 11.32     Subd. 3.  [REPORTING BURNS.] A health professional shall 
 11.33  file a written report with the state fire marshal within 72 
 11.34  hours after being notified of a burn injury or wound that the 
 11.35  professional is called upon to treat, dress, or bandage, if the 
 11.36  victim has sustained second- or third-degree burns to five 
 12.1   percent or more of the body, the victim has sustained burns to 
 12.2   the upper respiratory tract or sustained laryngeal edema from 
 12.3   inhaling superheated air, or the victim has sustained a burn 
 12.4   injury or wound that may result in the victim's death.  The 
 12.5   state fire marshal shall provide the form for the report. 
 12.6      Sec. 11.  Minnesota Statutes 2000, section 626.55, 
 12.7   subdivision 1, is amended to read: 
 12.8      Subdivision 1.  Any person who violates any provision of 
 12.9   sections 626.52 to 626.55, other than section 626.52, 
 12.10  subdivision 2, paragraph (c); or 3, is guilty of a gross 
 12.11  misdemeanor. 
 12.12     Sec. 12.  [REPEALER.] 
 12.13     Minnesota Statutes 2000, section 626.55, subdivision 2, is 
 12.14  repealed. 
 12.15     Sec. 13.  [EFFECTIVE DATE.] 
 12.16     Sections 1 to 7 and 9 to 12 are effective August 1, 2001, 
 12.17  and apply to crimes committed on or after that date.  Section 8 
 12.18  is effective July 1, 2001.