HF 1427

2nd 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; adding definitions; 
  1.3             creating a reporting requirement for health 
  1.4             professionals who have any evidence of injuries 
  1.5             stemming from a traffic crash that was alcohol 
  1.6             related, and providing civil and criminal immunity for 
  1.7             failure to comply; providing courts with greater 
  1.8             flexibility in using electronic alcohol monitoring to 
  1.9             ensure compliance with alcohol abstinence during 
  1.10            probation; extending the list of crimes for which 
  1.11            consecutive sentencing is allowed to include a 
  1.12            violation of the "no-alcohol" condition of a limited 
  1.13            license; extending the list of permitted uses of an 
  1.14            alcohol screening test to include a prosecution for a 
  1.15            violation of the crime of refusing to submit to the 
  1.16            chemical test; extending the list of DWI offenders who 
  1.17            are ineligible for a shortened license revocation 
  1.18            period to include any person whose alcohol 
  1.19            concentration at the time of the violation exceeds 
  1.20            0.20; modifying registration plate impoundment 
  1.21            provisions; clarifying that a person who violates 
  1.22            implied consent law with an alcohol concentration of 
  1.23            0.20 or more or during child endangerment is eligible 
  1.24            for license plate impoundment; preventing vehicle 
  1.25            forfeiture for first-time DWI offenders who might 
  1.26            otherwise qualify; increasing the legal penalty to the 
  1.27            level of a gross misdemeanor for a violation of the 
  1.28            "no-alcohol" condition on a restricted driver's 
  1.29            license, if the violation occurs while the person is 
  1.30            driving a motor vehicle; raising the license 
  1.31            reinstatement fee for a person convicted of criminal 
  1.32            vehicular homicide or injury; providing penalties; 
  1.33            amending Minnesota Statutes 2000, sections 169A.03, by 
  1.34            adding subdivisions; 169A.277, subdivision 2; 169A.28, 
  1.35            subdivision 2; 169A.37, subdivision 1; 169A.41, 
  1.36            subdivision 2; 169A.51, subdivision 7; 169A.54, 
  1.37            subdivision 6; 169A.60, subdivisions 1, 13, 14; 
  1.38            171.09; 171.29, subdivision 2; 609.035, subdivision 2; 
  1.39            626.52; 626.55, subdivision 1; repealing Minnesota 
  1.40            Statutes 2000, section 626.55, subdivision 2. 
  1.41  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.42     Section 1.  Minnesota Statutes 2000, section 169A.03, is 
  1.43  amended by adding a subdivision to read: 
  2.1      Subd. 1a.  [ALCOHOL BY VOLUME.] For purposes of this 
  2.2   chapter only, "alcohol by volume" means milliliters of alcohol 
  2.3   per 100 milliliters of beverage. 
  2.4      Sec. 2.  Minnesota Statutes 2000, section 169A.03, is 
  2.5   amended by adding a subdivision to read: 
  2.6      Subd. 1b.  [ALCOHOL BY WEIGHT.] For purposes of this 
  2.7   chapter only, "alcohol by weight" means grams of alcohol per 100 
  2.8   grams of beverage. 
  2.9      Sec. 3.  Minnesota Statutes 2000, section 169A.277, 
  2.10  subdivision 2, is amended to read: 
  2.11     Subd. 2.  [MONITORING REQUIRED.] When the court sentences a 
  2.12  person described in subdivision 1 to a stayed sentence and when 
  2.13  electronic monitoring equipment is available to the court, the 
  2.14  court shall require that the person participate in a program of 
  2.15  electronic alcohol monitoring in addition to any other 
  2.16  conditions of probation or jail time it imposes.  During the 
  2.17  first one-third of the person's probationary term, the 
  2.18  electronic alcohol monitoring must be continuous and involve 
  2.19  measurements of the person's alcohol concentration at least 
  2.20  three times a day.  During the remainder of the person's 
  2.21  probationary term, the electronic alcohol monitoring may be 
  2.22  intermittent, as determined by the court.  The court must order 
  2.23  the monitoring for a minimum of 30 consecutive days during each 
  2.24  year of the person's probationary period. 
  2.25     Sec. 4.  Minnesota Statutes 2000, section 169A.28, 
  2.26  subdivision 2, is amended to read: 
  2.27     Subd. 2.  [PERMISSIVE CONSECUTIVE SENTENCES; MULTIPLE 
  2.28  OFFENSES.] (a) When a person is being sentenced for a violation 
  2.29  of a provision listed in paragraph (e), the court may sentence 
  2.30  the person to a consecutive term of imprisonment for a violation 
  2.31  of any other provision listed in paragraph (e), notwithstanding 
  2.32  the fact that the offenses arose out of the same course of 
  2.33  conduct, subject to the limitation on consecutive sentences 
  2.34  contained in section 609.15, subdivision 2, and except as 
  2.35  provided in paragraphs (b) and (c). 
  2.36     (b) When a person is being sentenced for a violation of 
  3.1   section 171.20 (operation after revocation, suspension, 
  3.2   cancellation, or disqualification), 171.24 (driving without 
  3.3   valid license), or 171.30 (violation of condition of limited 
  3.4   license), the court may not impose a consecutive sentence for 
  3.5   another violation of a provision in chapter 171 (drivers' 
  3.6   licenses and training schools). 
  3.7      (c) When a person is being sentenced for a violation of 
  3.8   section 169.791 (failure to provide proof of insurance) or 
  3.9   169.797 (failure to provide vehicle insurance), the court may 
  3.10  not impose a consecutive sentence for another violation of a 
  3.11  provision of sections 169.79 to 169.7995. 
  3.12     (d) This subdivision does not limit the authority of the 
  3.13  court to impose consecutive sentences for crimes arising on 
  3.14  different dates or to impose a consecutive sentence when a 
  3.15  person is being sentenced for a crime and is also in violation 
  3.16  of the conditions of a stayed or otherwise deferred sentence 
  3.17  under section 609.135 (stay of imposition or execution of 
  3.18  sentence). 
  3.19     (e) This subdivision applies to misdemeanor and gross 
  3.20  misdemeanor violations of the following if the offender has two 
  3.21  or more prior impaired driving convictions within the past ten 
  3.22  years: 
  3.23     (1) section 169A.20, subdivision 1 (driving while impaired; 
  3.24  impaired driving offenses); 
  3.25     (2) section 169A.20, subdivision 2 (driving while impaired; 
  3.26  test refusal offense); 
  3.27     (3) section 169.791; 
  3.28     (3) (4) section 169.797; 
  3.29     (4) (5) section 171.09 (violation of condition of 
  3.30  restricted license); 
  3.31     (6) section 171.20, subdivision 2 (operation after 
  3.32  revocation, suspension, cancellation, or disqualification); 
  3.33     (5) (7) section 171.24; and 
  3.34     (6) (8) section 171.30. 
  3.35     Sec. 5.  Minnesota Statutes 2000, section 169A.37, 
  3.36  subdivision 1, is amended to read: 
  4.1      Subdivision 1.  [CRIME DESCRIBED.] It is a crime for a 
  4.2   person to: 
  4.3      (1) to fail to comply with an impoundment order under 
  4.4   section 169A.60 (administrative plate impoundment); 
  4.5      (2) to file a false statement under section 169A.60, 
  4.6   subdivision 7 or, 8, or 14; 
  4.7      (3) to operate a self-propelled motor vehicle on a street 
  4.8   or highway when the vehicle is subject to an impoundment order 
  4.9   issued under section 169A.60, unless specially coded plates have 
  4.10  been issued for the vehicle pursuant to section 169A.60, 
  4.11  subdivision 13; or 
  4.12     (4) to fail to notify the commissioner of the impoundment 
  4.13  order when requesting new plates.; 
  4.14     (5) who is subject to a plate impoundment order under 
  4.15  section 169A.60, to drive, operate, or be in control of any 
  4.16  motor vehicle during the impoundment period, unless the vehicle 
  4.17  has specially coded plates issued pursuant to section 169A.60, 
  4.18  subdivision 13, and the person is validly licensed to drive; or 
  4.19     (6) who is the transferee of a motor vehicle and who has 
  4.20  signed a sworn statement under section 169A.60, subdivision 14, 
  4.21  to allow the previously registered owner to drive, operate, or 
  4.22  be in control of the vehicle during the impoundment period. 
  4.23     Sec. 6.  Minnesota Statutes 2000, section 169A.41, 
  4.24  subdivision 2, is amended to read: 
  4.25     Subd. 2.  [USE OF TEST RESULTS.] The results of this 
  4.26  preliminary screening test must be used for the purpose of 
  4.27  deciding whether an arrest should be made and whether to require 
  4.28  the tests authorized in section 169A.51 (chemical tests for 
  4.29  intoxication), but must not be used in any court action except 
  4.30  the following: 
  4.31     (1) to prove that a test was properly required of a person 
  4.32  pursuant to section 169A.51, subdivision 1; 
  4.33     (2) in a civil action arising out of the operation or use 
  4.34  of the motor vehicle; 
  4.35     (3) in an action for license reinstatement under section 
  4.36  171.19; 
  5.1      (4) in a prosecution for a violation of section 169A.20, 
  5.2   subdivision 2 (driving while impaired; test refusal); 
  5.3      (5) in a prosecution or juvenile court proceeding 
  5.4   concerning a violation of section 169A.33 (underage drinking and 
  5.5   driving), or 340A.503, subdivision 1, paragraph (a), clause (2) 
  5.6   (underage alcohol consumption); 
  5.7      (5) (6) in a prosecution under section 169A.31, 
  5.8   (alcohol-related school or Head Start bus driving); or 171.30 
  5.9   (limited license); or 
  5.10     (6) (7) in a prosecution for a violation of a restriction 
  5.11  on a driver's license under section 171.09, which provides that 
  5.12  the license holder may not use or consume any amount of alcohol 
  5.13  or a controlled substance. 
  5.14     Sec. 7.  Minnesota Statutes 2000, section 169A.51, 
  5.15  subdivision 7, is amended to read: 
  5.16     Subd. 7.  [REQUIREMENTS FOR CONDUCTING TESTS; LIABILITY.] 
  5.17  (a) Only a physician, medical technician, physician's trained 
  5.18  mobile intensive care paramedic emergency medical 
  5.19  technician-paramedic, registered nurse, medical 
  5.20  technologist, medical laboratory technician, or laboratory 
  5.21  assistant acting at the request of a peace officer may withdraw 
  5.22  blood for the purpose of determining the presence of alcohol, 
  5.23  controlled substances, or hazardous substances.  This limitation 
  5.24  does not apply to the taking of a breath or urine sample. 
  5.25     (b) The person tested has the right to have someone of the 
  5.26  person's own choosing administer a chemical test or tests in 
  5.27  addition to any administered at the direction of a peace 
  5.28  officer; provided, that the additional test sample on behalf of 
  5.29  the person is obtained at the place where the person is in 
  5.30  custody, after the test administered at the direction of a peace 
  5.31  officer, and at no expense to the state.  The failure or 
  5.32  inability to obtain an additional test or tests by a person does 
  5.33  not preclude the admission in evidence of the test taken at the 
  5.34  direction of a peace officer unless the additional test was 
  5.35  prevented or denied by the peace officer. 
  5.36     (c) The physician, medical technician, physician's trained 
  6.1   mobile intensive care paramedic emergency medical 
  6.2   technician-paramedic, medical technologist, medical laboratory 
  6.3   technician, laboratory assistant, or registered nurse drawing 
  6.4   blood at the request of a peace officer for the purpose of 
  6.5   determining the concentration of alcohol, controlled substances, 
  6.6   or hazardous substances is in no manner liable in any civil or 
  6.7   criminal action except for negligence in drawing the blood.  The 
  6.8   person administering a breath test must be fully trained in the 
  6.9   administration of breath tests pursuant to training given by the 
  6.10  commissioner of public safety. 
  6.11     Sec. 8.  Minnesota Statutes 2000, section 169A.54, 
  6.12  subdivision 6, is amended to read: 
  6.13     Subd. 6.  [APPLICABILITY OF IMPLIED CONSENT REVOCATION.] 
  6.14  Except for a person whose license has been revoked under 
  6.15  subdivision 2, and except for a person convicted of a violation 
  6.16  of section 169A.20 (driving while impaired) while having a child 
  6.17  under the age of 16 in the vehicle if the child is more than 36 
  6.18  months younger than the offender, (a) Any person whose license 
  6.19  has been revoked pursuant to section 169A.52 (license revocation 
  6.20  for test failure or refusal) as the result of the same incident, 
  6.21  and who does not have a qualified prior impaired driving 
  6.22  incident, is subject to the mandatory revocation provisions of 
  6.23  subdivision 1, clause (1) or (2), in lieu of the mandatory 
  6.24  revocation provisions of section 169A.52. 
  6.25     (b) Paragraph (a) does not apply to: 
  6.26     (1) a person whose license has been revoked under 
  6.27  subdivision 2 (driving while impaired by person under age 21); 
  6.28     (2) a person charged with violating section 169A.20 
  6.29  (driving while impaired) with the aggravating factor of having 
  6.30  an alcohol concentration of 0.20 or more as measured at the 
  6.31  time, or within two hours of the time, of the offense, and the 
  6.32  person is convicted of that offense or any other offense 
  6.33  described in section 169A.20 arising out of the same set of 
  6.34  circumstances; or 
  6.35     (3) a person charged with violating section 169A.20 
  6.36  (driving while impaired) with the aggravating factor of having a 
  7.1   child under the age of 16 in the vehicle and the child is more 
  7.2   than 36 months younger than the offender, and the person is 
  7.3   convicted of that offense or any other offense described in 
  7.4   section 169A.20 arising out of the same set of circumstances. 
  7.5      Sec. 9.  Minnesota Statutes 2000, section 169A.60, 
  7.6   subdivision 1, is amended to read: 
  7.7      Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
  7.8   the following terms have the meanings given in this subdivision. 
  7.9      (b) "Motor vehicle" means a self-propelled motor vehicle 
  7.10  other than a motorboat in operation or a an off-road 
  7.11  recreational vehicle. 
  7.12     (c) "Plate impoundment violation" includes: 
  7.13     (1) a violation of section 169A.20 (driving while impaired) 
  7.14  or 169A.52 (license revocation for test failure or refusal), or 
  7.15  a conforming ordinance from this state or a conforming statute 
  7.16  or ordinance from another state, that results in the revocation 
  7.17  of a person's driver's license or driving privileges, within ten 
  7.18  years of a qualified prior impaired driving incident; 
  7.19     (2) a license disqualification under section 171.165 
  7.20  (commercial driver's license disqualification) resulting from a 
  7.21  violation of section 169A.52 within ten years of a qualified 
  7.22  prior impaired driving incident; 
  7.23     (3) a violation of section 169A.20 or 169A.52 while having 
  7.24  an alcohol concentration of 0.20 or more as measured at the 
  7.25  time, or within two hours of the time, of the offense; 
  7.26     (4) a violation of section 169A.20 or 169A.52 while having 
  7.27  a child under the age of 16 in the vehicle if the child is more 
  7.28  than 36 months younger than the offender; and 
  7.29     (5) a violation of section 171.24 (driving without valid 
  7.30  license) by a person whose driver's license or driving 
  7.31  privileges have been canceled under section 171.04, subdivision 
  7.32  1, clause (10) (persons not eligible for driver's license, 
  7.33  inimical to public safety). 
  7.34     (d) "Significant relationship" has the same meaning as 
  7.35  given in section 609.341, subdivision 15, and includes any 
  7.36  person with whom the actor regularly associates and communicates 
  8.1   outside of a workplace setting. 
  8.2      (e) "Violator" means a person who was driving, operating, 
  8.3   or in physical control of the motor vehicle when the plate 
  8.4   impoundment violation occurred. 
  8.5      Sec. 10.  Minnesota Statutes 2000, section 169A.60, 
  8.6   subdivision 13, is amended to read: 
  8.7      Subd. 13.  [SPECIAL REGISTRATION PLATES.] (a) At any time 
  8.8   during the effective period of an impoundment order, a violator 
  8.9   or registered owner may apply to the commissioner for new 
  8.10  registration plates, which must bear a special series of numbers 
  8.11  or letters so as to be readily identified by traffic law 
  8.12  enforcement officers.  The commissioner may authorize the 
  8.13  issuance of special plates if: 
  8.14     (1) the violator has a qualified licensed driver whom the 
  8.15  violator must identify; 
  8.16     (2) the violator or registered owner has a limited license 
  8.17  issued under section 171.30; 
  8.18     (3) the registered owner is not the violator and the 
  8.19  registered owner has a valid or limited driver's license; or 
  8.20     (4) a member of the registered owner's household has a 
  8.21  valid driver's license; or 
  8.22     (5) the violator has been reissued a valid driver's license.
  8.23     (b) The commissioner may not issue new registration plates 
  8.24  for that vehicle subject to plate impoundment for a period of at 
  8.25  least one year from the date of the impoundment order and until 
  8.26  the next regularly scheduled registration date following the 
  8.27  impoundment period.  In addition, if the owner is the violator, 
  8.28  new registration plates may not be issued for the vehicle unless 
  8.29  the person has been reissued a valid driver's license in 
  8.30  accordance with chapter 171. 
  8.31     (c) A violator may not apply for new registration plates 
  8.32  for a vehicle at any time before the person's driver's license 
  8.33  is reinstated. 
  8.34     (d) The commissioner may issue the special plates on 
  8.35  payment of a $50 fee for each vehicle for which special plates 
  8.36  are requested. 
  9.1      (e) Paragraphs (a) to (d) notwithstanding, the commissioner 
  9.2   must issue upon request new registration plates for a vehicle 
  9.3   for which the registration plates have been impounded if: 
  9.4      (1) the impoundment order is rescinded; 
  9.5      (2) the vehicle is transferred in compliance with 
  9.6   subdivision 14; or 
  9.7      (3) the vehicle is transferred to a Minnesota automobile 
  9.8   dealer licensed under section 168.27, a financial institution 
  9.9   that has submitted a repossession affidavit, or a government 
  9.10  agency. 
  9.11     Sec. 11.  Minnesota Statutes 2000, section 169A.60, 
  9.12  subdivision 14, is amended to read: 
  9.13     Subd. 14.  [SALE OF VEHICLE SUBJECT TO IMPOUNDMENT ORDER.] 
  9.14  (a) A registered owner may not sell or transfer a motor vehicle 
  9.15  during the time its registration plates have been ordered 
  9.16  impounded or during the time its registration plates bear a 
  9.17  special series number, unless: 
  9.18     (1) the sale is for a valid consideration; 
  9.19     (2) the transferee does and the registered owner: 
  9.20     (i) are not, and have not been, related by blood, adoption, 
  9.21  or marriage; 
  9.22     (ii) do not reside in the same household as the registered 
  9.23  owner; and 
  9.24     (iii) do not have, and have not had at any time, a 
  9.25  significant relationship with one another; 
  9.26     (3) the transferee signs an acceptable sworn statement with 
  9.27  the commissioner attesting that: 
  9.28     (i) the transferee and the violator do not have, and have 
  9.29  not had at any time, a significant relationship with one 
  9.30  another; 
  9.31     (ii) the transferee understands that the vehicle is subject 
  9.32  to an impoundment order; and 
  9.33     (iii) it is a crime under section 169A.37 to file a false 
  9.34  statement under this section or to allow the previously 
  9.35  registered owner to drive, operate, or be in control of the 
  9.36  vehicle during the impoundment period; and 
 10.1      (4) all elements of section 168A.10 (transfer of interest 
 10.2   by owner) are satisfied. 
 10.3      (b) If the conditions of paragraph (a) are satisfied, the 
 10.4   registrar may then transfer the title to the new owner upon 
 10.5   proper application and issue new registration plates for the 
 10.6   vehicle. 
 10.7      Sec. 12.  Minnesota Statutes 2000, section 171.09, is 
 10.8   amended to read: 
 10.9      171.09 [COMMISSIONER MAY IMPOSE RESTRICTIONS.] 
 10.10     (a) The commissioner shall have the authority, when good 
 10.11  cause appears, to impose restrictions suitable to the licensee's 
 10.12  driving ability or such other restrictions applicable to the 
 10.13  licensee as the commissioner may determine to be appropriate to 
 10.14  assure the safe operation of a motor vehicle by the licensee.  
 10.15  The commissioner may, upon receiving satisfactory evidence of 
 10.16  any violation of the restrictions of the license, suspend or 
 10.17  revoke the license.  A license suspension under this section is 
 10.18  subject to section 171.18, subdivisions 2 and 3. 
 10.19     (b) It is unlawful for any person to operate A person who 
 10.20  drives, operates, or is in physical control of a motor 
 10.21  vehicle in any manner while in violation of the restrictions 
 10.22  imposed in a restricted driver's license issued to that person 
 10.23  under paragraph (a) is guilty of a crime as follows: 
 10.24     (1) if the restriction relates to the possession or 
 10.25  consumption of alcohol or controlled substances, the person is 
 10.26  guilty of a gross misdemeanor; or 
 10.27     (2) if other than clause (1), the person is guilty of a 
 10.28  misdemeanor.  
 10.29     Sec. 13.  Minnesota Statutes 2000, section 171.29, 
 10.30  subdivision 2, is amended to read: 
 10.31     Subd. 2.  [FEES, ALLOCATION.] (a) A person whose driver's 
 10.32  license has been revoked as provided in subdivision 1, except 
 10.33  under section 169A.52 or, 169A.54, or 609.21, shall pay a $30 
 10.34  fee before the driver's license is reinstated. 
 10.35     (b) A person whose driver's license has been revoked as 
 10.36  provided in subdivision 1 under section 169A.52 or, 169A.54, or 
 11.1   609.21, shall pay a $250 fee plus a $40 surcharge before the 
 11.2   driver's license is reinstated.  The $250 fee is to be credited 
 11.3   as follows: 
 11.4      (1) Twenty percent must be credited to the trunk highway 
 11.5   fund. 
 11.6      (2) Fifty-five percent must be credited to the general fund.
 11.7      (3) Eight percent must be credited to a separate account to 
 11.8   be known as the bureau of criminal apprehension account.  Money 
 11.9   in this account may be appropriated to the commissioner of 
 11.10  public safety and the appropriated amount must be apportioned 80 
 11.11  percent for laboratory costs and 20 percent for carrying out the 
 11.12  provisions of section 299C.065. 
 11.13     (4) Twelve percent must be credited to a separate account 
 11.14  to be known as the alcohol-impaired driver education account.  
 11.15  Money in the account is appropriated as follows: 
 11.16     (i) the first $200,000 in a fiscal year to the commissioner 
 11.17  of children, families, and learning for programs for elementary 
 11.18  and secondary school students; and 
 11.19     (ii) the remainder credited in a fiscal year to the 
 11.20  commissioner of transportation to be spent as grants to the 
 11.21  Minnesota highway safety center at St. Cloud State University 
 11.22  for programs relating to alcohol and highway safety education in 
 11.23  elementary and secondary schools. 
 11.24     (5) Five percent must be credited to a separate account to 
 11.25  be known as the traumatic brain injury and spinal cord injury 
 11.26  account.  The money in the account is annually appropriated to 
 11.27  the commissioner of health to be used as follows:  35 percent 
 11.28  for a contract with a qualified community-based organization to 
 11.29  provide information, resources, and support to assist persons 
 11.30  with traumatic brain injury and their families to access 
 11.31  services, and 65 percent to maintain the traumatic brain injury 
 11.32  and spinal cord injury registry created in section 144.662.  For 
 11.33  the purposes of this clause, a "qualified community-based 
 11.34  organization" is a private, not-for-profit organization of 
 11.35  consumers of traumatic brain injury services and their family 
 11.36  members.  The organization must be registered with the United 
 12.1   States Internal Revenue Service under section 501(c)(3) as a 
 12.2   tax-exempt organization and must have as its purposes:  
 12.3      (i) the promotion of public, family, survivor, and 
 12.4   professional awareness of the incidence and consequences of 
 12.5   traumatic brain injury; 
 12.6      (ii) the provision of a network of support for persons with 
 12.7   traumatic brain injury, their families, and friends; 
 12.8      (iii) the development and support of programs and services 
 12.9   to prevent traumatic brain injury; 
 12.10     (iv) the establishment of education programs for persons 
 12.11  with traumatic brain injury; and 
 12.12     (v) the empowerment of persons with traumatic brain injury 
 12.13  through participation in its governance. 
 12.14  No patient's name, identifying information or identifiable 
 12.15  medical data will be disclosed to the organization without the 
 12.16  informed voluntary written consent of the patient or patient's 
 12.17  guardian, or if the patient is a minor, of the parent or 
 12.18  guardian of the patient. 
 12.19     (c) The $40 surcharge must be credited to a separate 
 12.20  account to be known as the remote electronic alcohol monitoring 
 12.21  program account.  The commissioner shall transfer the balance of 
 12.22  this account to the commissioner of finance on a monthly basis 
 12.23  for deposit in the general fund. 
 12.24     (d) When these fees are collected by a licensing agent, 
 12.25  appointed under section 171.061, a handling charge is imposed in 
 12.26  the amount specified under section 171.061, subdivision 4.  The 
 12.27  reinstatement fees and surcharge must be deposited in an 
 12.28  approved state depository as directed under section 171.061, 
 12.29  subdivision 4. 
 12.30     Sec. 14.  Minnesota Statutes 2000, section 609.035, 
 12.31  subdivision 2, is amended to read: 
 12.32     Subd. 2.  (a) When a person is being sentenced for a 
 12.33  violation of a provision listed in paragraph (e), the court may 
 12.34  sentence the person to a consecutive term of imprisonment for a 
 12.35  violation of any other provision listed in paragraph (e), 
 12.36  notwithstanding the fact that the offenses arose out of the same 
 13.1   course of conduct, subject to the limitation on consecutive 
 13.2   sentences contained in section 609.15, subdivision 2, and except 
 13.3   as provided in paragraphs (b), (c), and (f) of this subdivision. 
 13.4      (b) When a person is being sentenced for a violation of 
 13.5   section 171.09, 171.20, 171.24, or 171.30, the court may not 
 13.6   impose a consecutive sentence for another violation of a 
 13.7   provision in chapter 171. 
 13.8      (c) When a person is being sentenced for a violation of 
 13.9   section 169.791 or 169.797, the court may not impose a 
 13.10  consecutive sentence for another violation of a provision of 
 13.11  sections 169.79 to 169.7995. 
 13.12     (d) This subdivision does not limit the authority of the 
 13.13  court to impose consecutive sentences for crimes arising on 
 13.14  different dates or to impose a consecutive sentence when a 
 13.15  person is being sentenced for a crime and is also in violation 
 13.16  of the conditions of a stayed or otherwise deferred sentence 
 13.17  under section 609.135. 
 13.18     (e) This subdivision applies to misdemeanor and gross 
 13.19  misdemeanor violations of the following if the offender has two 
 13.20  or more prior impaired driving convictions as defined in section 
 13.21  169A.03 within the past ten years: 
 13.22     (1) section 169A.20, subdivision 1, driving while impaired; 
 13.23     (2) section 169A.20, subdivision 2, test refusal; 
 13.24     (3) section 169.791, failure to provide proof of insurance; 
 13.25     (3) (4) section 169.797, failure to provide vehicle 
 13.26  insurance; 
 13.27     (4) (5) section 171.09, violation of condition of 
 13.28  restricted license; 
 13.29     (6) section 171.20, subdivision 2, operation after 
 13.30  revocation, suspension, cancellation, or disqualification; 
 13.31     (5) (7) section 171.24, driving without valid license; and 
 13.32     (6) (8) section 171.30, violation of condition of limited 
 13.33  license. 
 13.34     (f) When a court is sentencing an offender for a violation 
 13.35  of section 169A.20 and a violation of an offense listed in 
 13.36  paragraph (e), and the offender has five or more qualified prior 
 14.1   impaired driving incidents, as defined in section 169A.03, 
 14.2   within the past ten years, the court shall sentence the offender 
 14.3   to serve consecutive sentences for the offenses, notwithstanding 
 14.4   the fact that the offenses arose out of the same course of 
 14.5   conduct. 
 14.6      Sec. 15.  Minnesota Statutes 2000, section 626.52, is 
 14.7   amended to read: 
 14.8      626.52 [REPORTING OF SUSPICIOUS WOUNDS AND ALCOHOL-RELATED 
 14.9   OR CONTROLLED SUBSTANCE-RELATED ACCIDENTS BY HEALTH 
 14.10  PROFESSIONALS.] 
 14.11     Subdivision 1.  [DEFINITION.] As used in this section, 
 14.12  "health professional" means a physician, surgeon, person 
 14.13  authorized to engage in the practice of healing, superintendent 
 14.14  or manager of a hospital, nurse, or pharmacist. 
 14.15     Subd. 2.  [HEALTH PROFESSIONALS REQUIRED TO REPORT.] (a) A 
 14.16  health professional shall immediately report, as provided under 
 14.17  section 626.53, to the local police department or county sheriff 
 14.18  all bullet wounds, gunshot wounds, powder burns, or any other 
 14.19  injury arising from, or caused by the discharge of any gun, 
 14.20  pistol, or any other firearm, which wound the health 
 14.21  professional is called upon to treat, dress, or bandage.  
 14.22     (b) A health professional shall report to the proper police 
 14.23  authorities any wound that the reporter has reasonable cause to 
 14.24  believe has been inflicted on a perpetrator of a crime by a 
 14.25  dangerous weapon other than a firearm as defined under section 
 14.26  609.02, subdivision 6. 
 14.27     (c) When asked by a peace officer during the course of 
 14.28  treatment of a person, a health care professional must report to 
 14.29  the officer the following information about the person who is 
 14.30  being treated by the professional for an injury resulting from a 
 14.31  motor vehicle, off-road recreational vehicle, motorboat, or 
 14.32  airplane crash when there is any indication that the person has 
 14.33  consumed alcohol or a controlled substance: 
 14.34     (1) the person's name; 
 14.35     (2) any observed indicia of alcohol or controlled substance 
 14.36  consumption or impairment; 
 15.1      (3) any statements made by the person indicating any 
 15.2   consumption of alcohol or a controlled substance; and 
 15.3      (4) the results of any laboratory tests performed on the 
 15.4   person that indicate a blood alcohol level or the presence of a 
 15.5   controlled substance in the person's body. 
 15.6   This paragraph must not be construed to require the health care 
 15.7   professional to perform any additional laboratory or other 
 15.8   diagnostic tests that would otherwise not be performed during 
 15.9   the course of treatment, or to document any observations or 
 15.10  conditions that would not otherwise be documented for 
 15.11  examination and treatment purposes. 
 15.12     Subd. 3.  [REPORTING BURNS.] A health professional shall 
 15.13  file a written report with the state fire marshal within 72 
 15.14  hours after being notified of a burn injury or wound that the 
 15.15  professional is called upon to treat, dress, or bandage, if the 
 15.16  victim has sustained second- or third-degree burns to five 
 15.17  percent or more of the body, the victim has sustained burns to 
 15.18  the upper respiratory tract or sustained laryngeal edema from 
 15.19  inhaling superheated air, or the victim has sustained a burn 
 15.20  injury or wound that may result in the victim's death.  The 
 15.21  state fire marshal shall provide the form for the report. 
 15.22     Subd. 4.  [IMMUNITY; CIVIL AND CRIMINAL.] Any person 
 15.23  reporting in good faith and exercising due care has immunity 
 15.24  from any liability, civil or criminal, that otherwise might 
 15.25  result by reason of the person's actions pursuant to this 
 15.26  section.  No cause of action, civil or criminal, may be brought 
 15.27  against any person for not making a report pursuant to this 
 15.28  section. 
 15.29     Sec. 16.  Minnesota Statutes 2000, section 626.55, 
 15.30  subdivision 1, is amended to read: 
 15.31     Subdivision 1.  Any person who violates any provision of 
 15.32  sections 626.52 to 626.55, other than section 626.52, 
 15.33  subdivision 2, paragraph (c); or 3, is guilty of a gross 
 15.34  misdemeanor. 
 15.35     Sec. 17.  [REPEALER.] 
 15.36     Minnesota Statutes 2000, section 626.55, subdivision 2, is 
 16.1   repealed. 
 16.2      Sec. 18.  [EFFECTIVE DATE.] 
 16.3      Sections 3 to 12 and 14 to 17 are effective August 1, 2001, 
 16.4   and apply to crimes committed on or after that date.  Section 13 
 16.5   is effective July 1, 2001.