HF 97

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes; reducing from 0.10 to 0.08 the per 
  1.3             se alcohol concentration level for impairment offenses 
  1.4             involving driving a motor vehicle, criminal vehicular 
  1.5             homicide and injury, operating recreational vehicles 
  1.6             or watercraft, hunting, or operating military vehicles 
  1.7             while impaired; amending Minnesota Statutes 2002, 
  1.8             sections 97B.065, subdivision 1; 97B.066, subdivision 
  1.9             1; 169A.20, subdivision 1; 169A.51, subdivision 1; 
  1.10            169A.52, subdivisions 2, 4, 7; 169A.53, subdivision 3; 
  1.11            169A.54, subdivision 7; 169A.76; 192A.555; 609.21. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 2002, section 97B.065, 
  1.14  subdivision 1, is amended to read: 
  1.15     Subdivision 1.  [ACTS PROHIBITED.] (a) A person may not 
  1.16  take wild animals with a firearm or by archery:  
  1.17     (1) when the person is under the influence of alcohol; 
  1.18     (2) when the person is under the influence of a controlled 
  1.19  substance, as defined in section 152.01, subdivision 4; 
  1.20     (3) when the person is under the influence of a combination 
  1.21  of any two or more of the elements in clauses (1) and (2); 
  1.22     (4) when the person's alcohol concentration is 0.10 0.08 or 
  1.23  more; 
  1.24     (5) when the person's alcohol concentration as measured 
  1.25  within two hours of the time of taking is 0.10 0.08 or more; or 
  1.26     (6) when the person is knowingly under the influence of any 
  1.27  chemical compound or combination of chemical compounds that is 
  1.28  listed as a hazardous substance in rules adopted under section 
  2.1   182.655 and that affects the nervous system, brain, or muscles 
  2.2   of the person so as to substantially impair the person's ability 
  2.3   to operate a firearm or bow and arrow. 
  2.4      (b) An owner or other person having charge or control of a 
  2.5   firearm or bow may not authorize or permit an individual the 
  2.6   person knows or has reason to believe is under the influence of 
  2.7   alcohol or a controlled substance, as provided under paragraph 
  2.8   (a), to possess the firearm or bow in this state or on a 
  2.9   boundary water of this state. 
  2.10     (c) A person may not possess a loaded or uncased firearm or 
  2.11  an uncased bow afield under any of the conditions in paragraph 
  2.12  (a). 
  2.13     Sec. 2.  Minnesota Statutes 2002, section 97B.066, 
  2.14  subdivision 1, is amended to read: 
  2.15     Subdivision 1.  [MANDATORY CHEMICAL TESTING.] A person who 
  2.16  takes wild animals with a bow or firearm in this state or on a 
  2.17  boundary water of this state is required, subject to the 
  2.18  provisions of this section, to take or submit to a test of the 
  2.19  person's blood, breath, or urine for the purpose of determining 
  2.20  the presence and amount of alcohol or a controlled substance.  
  2.21  The test shall be administered at the direction of an officer 
  2.22  authorized to make arrests under section 97B.065, subdivision 
  2.23  2.  Taking or submitting to the test is mandatory when requested 
  2.24  by an officer who has probable cause to believe the person was 
  2.25  hunting in violation of section 97B.065, subdivision 1, 
  2.26  paragraph (a) or (c), and one of the following conditions exists:
  2.27     (1) the person has been lawfully placed under arrest for 
  2.28  violating section 97B.065, subdivision 1, paragraph (a) or (c); 
  2.29     (2) the person has been involved while hunting in an 
  2.30  accident resulting in property damage, personal injury, or 
  2.31  death; 
  2.32     (3) the person has refused to take the preliminary 
  2.33  screening test provided for in section 97B.065, subdivision 3; 
  2.34  or 
  2.35     (4) the screening test was administered and indicated an 
  2.36  alcohol concentration of 0.10 0.08 or more. 
  3.1      Sec. 3.  Minnesota Statutes 2002, section 169A.20, 
  3.2   subdivision 1, is amended to read: 
  3.3      Subdivision 1.  [DRIVING WHILE IMPAIRED CRIME.] It is a 
  3.4   crime for any person to drive, operate, or be in physical 
  3.5   control of any motor vehicle within this state or on any 
  3.6   boundary water of this state: 
  3.7      (1) when the person is under the influence of alcohol; 
  3.8      (2) when the person is under the influence of a controlled 
  3.9   substance; 
  3.10     (3) when the person is knowingly under the influence of a 
  3.11  hazardous substance that affects the nervous system, brain, or 
  3.12  muscles of the person so as to substantially impair the person's 
  3.13  ability to drive or operate the motor vehicle; 
  3.14     (4) when the person is under the influence of a combination 
  3.15  of any two or more of the elements named in clauses (1), (2), 
  3.16  and (3); 
  3.17     (5) when the person's alcohol concentration at the time, or 
  3.18  as measured within two hours of the time, of driving, operating, 
  3.19  or being in physical control of the motor vehicle is 0.10 0.08 
  3.20  or more; 
  3.21     (6) when the vehicle is a commercial motor vehicle and the 
  3.22  person's alcohol concentration at the time, or as measured 
  3.23  within two hours of the time, of driving, operating, or being in 
  3.24  physical control of the commercial motor vehicle is 0.04 or 
  3.25  more; or 
  3.26     (7) when the person's body contains any amount of a 
  3.27  controlled substance listed in schedule I or II other than 
  3.28  marijuana or tetrahydrocannabinols. 
  3.29     Sec. 4.  Minnesota Statutes 2002, section 169A.51, 
  3.30  subdivision 1, is amended to read: 
  3.31     Subdivision 1.  [IMPLIED CONSENT; CONDITIONS; ELECTION OF 
  3.32  TEST.] (a) Any person who drives, operates, or is in physical 
  3.33  control of a motor vehicle within this state or on any boundary 
  3.34  water of this state consents, subject to the provisions of 
  3.35  sections 169A.50 to 169A.53 (implied consent law), and section 
  3.36  169A.20 (driving while impaired), to a chemical test of that 
  4.1   person's blood, breath, or urine for the purpose of determining 
  4.2   the presence of alcohol, controlled substances, or hazardous 
  4.3   substances.  The test must be administered at the direction of a 
  4.4   peace officer. 
  4.5      (b) The test may be required of a person when an officer 
  4.6   has probable cause to believe the person was driving, operating, 
  4.7   or in physical control of a motor vehicle in violation of 
  4.8   section 169A.20 (driving while impaired), and one of the 
  4.9   following conditions exist: 
  4.10     (1) the person has been lawfully placed under arrest for 
  4.11  violation of section 169A.20 or an ordinance in conformity with 
  4.12  it; 
  4.13     (2) the person has been involved in a motor vehicle 
  4.14  accident or collision resulting in property damage, personal 
  4.15  injury, or death; 
  4.16     (3) the person has refused to take the screening test 
  4.17  provided for by section 169A.41 (preliminary screening test); or 
  4.18     (4) the screening test was administered and indicated an 
  4.19  alcohol concentration of 0.10 0.08 or more. 
  4.20     (c) The test may also be required of a person when an 
  4.21  officer has probable cause to believe the person was driving, 
  4.22  operating, or in physical control of a commercial motor vehicle 
  4.23  with the presence of any alcohol. 
  4.24     Sec. 5.  Minnesota Statutes 2002, section 169A.52, 
  4.25  subdivision 2, is amended to read: 
  4.26     Subd. 2.  [REPORTING TEST FAILURE.] If a person submits to 
  4.27  a test, the results of that test must be reported to the 
  4.28  commissioner and to the authority having responsibility for 
  4.29  prosecution of impaired driving offenses for the jurisdiction in 
  4.30  which the acts occurred, if the test results indicate: 
  4.31     (1) an alcohol concentration of 0.10 0.08 or more; 
  4.32     (2) an alcohol concentration of 0.04 or more, if the person 
  4.33  was driving, operating, or in physical control of a commercial 
  4.34  motor vehicle at the time of the violation; or 
  4.35     (3) the presence of a controlled substance listed in 
  4.36  schedule I or II, other than marijuana or tetrahydrocannabinols. 
  5.1      Sec. 6.  Minnesota Statutes 2002, section 169A.52, 
  5.2   subdivision 4, is amended to read: 
  5.3      Subd. 4.  [TEST FAILURE; LICENSE REVOCATION.] (a) Upon 
  5.4   certification by the peace officer that there existed probable 
  5.5   cause to believe the person had been driving, operating, or in 
  5.6   physical control of a motor vehicle in violation of section 
  5.7   169A.20 (driving while impaired) and that the person submitted 
  5.8   to a test and the test results indicate an alcohol concentration 
  5.9   of 0.10 0.08 or more or the presence of a controlled substance 
  5.10  listed in schedule I or II, other than marijuana or 
  5.11  tetrahydrocannabinols, then the commissioner shall revoke the 
  5.12  person's license or permit to drive, or nonresident operating 
  5.13  privilege: 
  5.14     (1) for a period of 90 days; 
  5.15     (2) if the person is under the age of 21 years, for a 
  5.16  period of six months; 
  5.17     (3) for a person with a qualified prior impaired driving 
  5.18  incident within the past ten years, for a period of 180 days; or 
  5.19     (4) if the test results indicate an alcohol concentration 
  5.20  of 0.20 or more, for twice the applicable period in clauses (1) 
  5.21  to (3). 
  5.22     (b) On certification by the peace officer that there 
  5.23  existed probable cause to believe the person had been driving, 
  5.24  operating, or in physical control of a commercial motor vehicle 
  5.25  with any presence of alcohol and that the person submitted to a 
  5.26  test and the test results indicated an alcohol concentration of 
  5.27  0.04 or more, the commissioner shall disqualify the person from 
  5.28  operating a commercial motor vehicle under section 171.165 
  5.29  (commercial driver's license disqualification). 
  5.30     Sec. 7.  Minnesota Statutes 2002, section 169A.52, 
  5.31  subdivision 7, is amended to read: 
  5.32     Subd. 7.  [TEST REFUSAL; DRIVING PRIVILEGE LOST.] (a) On 
  5.33  behalf of the commissioner, a peace officer requiring a test or 
  5.34  directing the administration of a chemical test shall serve 
  5.35  immediate notice of intention to revoke and of revocation on a 
  5.36  person who refuses to permit a test or on a person who submits 
  6.1   to a test the results of which indicate an alcohol concentration 
  6.2   of 0.10 0.08 or more. 
  6.3      (b) On behalf of the commissioner, a peace officer 
  6.4   requiring a test or directing the administration of a chemical 
  6.5   test of a person driving, operating, or in physical control of a 
  6.6   commercial motor vehicle shall serve immediate notice of 
  6.7   intention to disqualify and of disqualification on a person who 
  6.8   refuses to permit a test, or on a person who submits to a test 
  6.9   the results of which indicate an alcohol concentration of 0.04 
  6.10  or more. 
  6.11     (c) The officer shall either: 
  6.12     (1) take the driver's license or permit, if any, send it to 
  6.13  the commissioner along with the certificate required by 
  6.14  subdivision 3 or 4, and issue a temporary license effective only 
  6.15  for seven days; or 
  6.16     (2) invalidate the driver's license or permit in such a way 
  6.17  that no identifying information is destroyed. 
  6.18     Sec. 8.  Minnesota Statutes 2002, section 169A.53, 
  6.19  subdivision 3, is amended to read: 
  6.20     Subd. 3.  [HEARING; ISSUES; ORDER; APPEAL.] (a) A judicial 
  6.21  review hearing under this section must be before a district 
  6.22  judge in any county in the judicial district where the alleged 
  6.23  offense occurred.  The hearing is to the court and may be 
  6.24  conducted at the same time and in the same manner as hearings 
  6.25  upon pretrial motions in the criminal prosecution under section 
  6.26  169A.20 (driving while impaired), if any.  The hearing must be 
  6.27  recorded.  The commissioner shall appear and be represented by 
  6.28  the attorney general or through the prosecuting authority for 
  6.29  the jurisdiction involved.  The hearing must be held at the 
  6.30  earliest practicable date, and in any event no later than 60 
  6.31  days following the filing of the petition for review.  The 
  6.32  judicial district administrator shall establish procedures to 
  6.33  ensure efficient compliance with this subdivision.  To 
  6.34  accomplish this, the administrator may, whenever possible, 
  6.35  consolidate and transfer review hearings among the locations 
  6.36  within the judicial district where terms of district court are 
  7.1   held. 
  7.2      (b) The scope of the hearing is limited to the issues in 
  7.3   clauses (1) to (10): 
  7.4      (1) Did the peace officer have probable cause to believe 
  7.5   the person was driving, operating, or in physical control of a 
  7.6   motor vehicle or commercial motor vehicle in violation of 
  7.7   section 169A.20 (driving while impaired)? 
  7.8      (2) Was the person lawfully placed under arrest for 
  7.9   violation of section 169A.20? 
  7.10     (3) Was the person involved in a motor vehicle accident or 
  7.11  collision resulting in property damage, personal injury, or 
  7.12  death? 
  7.13     (4) Did the person refuse to take a screening test provided 
  7.14  for by section 169A.41 (preliminary screening test)? 
  7.15     (5) If the screening test was administered, did the test 
  7.16  indicate an alcohol concentration of 0.10 0.08 or more? 
  7.17     (6) At the time of the request for the test, did the peace 
  7.18  officer inform the person of the person's rights and the 
  7.19  consequences of taking or refusing the test as required by 
  7.20  section 169A.51, subdivision 2? 
  7.21     (7) Did the person refuse to permit the test? 
  7.22     (8) If a test was taken by a person driving, operating, or 
  7.23  in physical control of a motor vehicle, did the test results 
  7.24  indicate at the time of testing: 
  7.25     (i) an alcohol concentration of 0.10 0.08 or more; or 
  7.26     (ii) the presence of a controlled substance listed in 
  7.27  schedule I or II, other than marijuana or tetrahydrocannabinols? 
  7.28     (9) If a test was taken by a person driving, operating, or 
  7.29  in physical control of a commercial motor vehicle, did the test 
  7.30  results indicate an alcohol concentration of 0.04 or more at the 
  7.31  time of testing? 
  7.32     (10) Was the testing method used valid and reliable and 
  7.33  were the test results accurately evaluated? 
  7.34     (c) It is an affirmative defense for the petitioner to 
  7.35  prove that, at the time of the refusal, the petitioner's refusal 
  7.36  to permit the test was based upon reasonable grounds. 
  8.1      (d) Certified or otherwise authenticated copies of 
  8.2   laboratory or medical personnel reports, records, documents, 
  8.3   licenses, and certificates are admissible as substantive 
  8.4   evidence. 
  8.5      (e) The court shall order that the revocation or 
  8.6   disqualification be either rescinded or sustained and forward 
  8.7   the order to the commissioner.  The court shall file its order 
  8.8   within 14 days following the hearing.  If the revocation or 
  8.9   disqualification is sustained, the court shall also forward the 
  8.10  person's driver's license or permit to the commissioner for 
  8.11  further action by the commissioner if the license or permit is 
  8.12  not already in the commissioner's possession. 
  8.13     (f) Any party aggrieved by the decision of the reviewing 
  8.14  court may appeal the decision as provided in the rules of 
  8.15  appellate procedure. 
  8.16     (g) The civil hearing under this section shall not give 
  8.17  rise to an estoppel on any issues arising from the same set of 
  8.18  circumstances in any criminal prosecution. 
  8.19     Sec. 9.  Minnesota Statutes 2002, section 169A.54, 
  8.20  subdivision 7, is amended to read: 
  8.21     Subd. 7.  [ALCOHOL-RELATED COMMERCIAL VEHICLE DRIVING 
  8.22  VIOLATIONS.] (a) The administrative penalties described in 
  8.23  subdivision 1 do not apply to violations of section 169A.20, 
  8.24  subdivision 1 (driving while impaired crime), by a person 
  8.25  operating a commercial motor vehicle unless the person's alcohol 
  8.26  concentration as measured at the time, or within two hours of 
  8.27  the time, of the operation was 0.10 0.08 or more or the person 
  8.28  violates section 169A.20, subdivision 1, clauses (1) to (4) or 
  8.29  (7). 
  8.30     (b) The commissioner shall disqualify a person from 
  8.31  operating a commercial motor vehicle as provided under section 
  8.32  171.165 (commercial driver's license, disqualification), on 
  8.33  receipt of a record of conviction for a violation of section 
  8.34  169A.20.  
  8.35     (c) A person driving, operating, or in physical control of 
  8.36  a commercial motor vehicle with any presence of alcohol is 
  9.1   prohibited from operating a commercial motor vehicle for 24 
  9.2   hours from issuance of an out-of-service order. 
  9.3      Sec. 10.  Minnesota Statutes 2002, section 169A.76, is 
  9.4   amended to read: 
  9.5      169A.76 [CIVIL ACTION; PUNITIVE DAMAGES.] 
  9.6      (a) In a civil action involving a motor vehicle accident, 
  9.7   it is sufficient for the trier of fact to consider an award of 
  9.8   punitive damages if there is evidence that the accident was 
  9.9   caused by a driver: 
  9.10     (1) with an alcohol concentration of 0.10 0.08 or more; 
  9.11     (2) who was under the influence of a controlled substance; 
  9.12     (3) who was under the influence of alcohol and refused to 
  9.13  take a test required under section 169A.51 (chemical tests for 
  9.14  intoxication); or 
  9.15     (4) who was knowingly under the influence of a hazardous 
  9.16  substance that substantially affects the person's nervous 
  9.17  system, brain, or muscles so as to impair the person's ability 
  9.18  to drive or operate a motor vehicle. 
  9.19     (b) A criminal charge or conviction is not a prerequisite 
  9.20  to consideration of punitive damages under this section.  At the 
  9.21  trial in an action where the trier of fact will consider an 
  9.22  award of punitive damages, evidence that the driver has been 
  9.23  convicted of violating section 169A.20 (driving while impaired) 
  9.24  or 609.21 (criminal vehicular homicide and injury) is admissible 
  9.25  into evidence. 
  9.26     Sec. 11.  Minnesota Statutes 2002, section 192A.555, is 
  9.27  amended to read: 
  9.28     192A.555 [DRIVING WHILE UNDER THE INFLUENCE OR RECKLESS 
  9.29  DRIVING.] 
  9.30     Any person subject to this code who drives, operates or is 
  9.31  in physical control of any motor vehicle or aircraft while under 
  9.32  the influence of an alcoholic beverage or controlled substance 
  9.33  or a combination thereof or whose blood contains 0.10 0.08 
  9.34  percent or more by weight of alcohol or who operates said motor 
  9.35  vehicle or aircraft in a reckless or wanton manner, shall be 
  9.36  punished as a court-martial may direct.  
 10.1      Sec. 12.  Minnesota Statutes 2002, section 609.21, is 
 10.2   amended to read: 
 10.3      609.21 [CRIMINAL VEHICULAR HOMICIDE AND INJURY.] 
 10.4      Subdivision 1.  [CRIMINAL VEHICULAR HOMICIDE.] A person is 
 10.5   guilty of criminal vehicular homicide resulting in death and may 
 10.6   be sentenced to imprisonment for not more than ten years or to 
 10.7   payment of a fine of not more than $20,000, or both, if the 
 10.8   person causes the death of a human being not constituting murder 
 10.9   or manslaughter as a result of operating a motor vehicle: 
 10.10     (1) in a grossly negligent manner; 
 10.11     (2) in a negligent manner while under the influence of: 
 10.12     (i) alcohol; 
 10.13     (ii) a controlled substance; or 
 10.14     (iii) any combination of those elements; 
 10.15     (3) while having an alcohol concentration of 0.10 0.08 or 
 10.16  more; 
 10.17     (4) while having an alcohol concentration of 0.10 0.08 or 
 10.18  more, as measured within two hours of the time of driving; 
 10.19     (5) in a negligent manner while knowingly under the 
 10.20  influence of a hazardous substance; 
 10.21     (6) in a negligent manner while any amount of a controlled 
 10.22  substance listed in schedule I or II, other than marijuana or 
 10.23  tetrahydrocannabinols, is present in the person's body; or 
 10.24     (7) where the driver who causes the accident leaves the 
 10.25  scene of the accident in violation of section 169.09, 
 10.26  subdivision 1 or 6. 
 10.27     Subd. 2.  [RESULTING IN GREAT BODILY HARM.] A person is 
 10.28  guilty of criminal vehicular operation resulting in great bodily 
 10.29  harm and may be sentenced to imprisonment for not more than five 
 10.30  years or to payment of a fine of not more than $10,000, or both, 
 10.31  if the person causes great bodily harm to another, not 
 10.32  constituting attempted murder or assault, as a result of 
 10.33  operating a motor vehicle: 
 10.34     (1) in a grossly negligent manner; 
 10.35     (2) in a negligent manner while under the influence of: 
 10.36     (i) alcohol; 
 11.1      (ii) a controlled substance; or 
 11.2      (iii) any combination of those elements; 
 11.3      (3) while having an alcohol concentration of 0.10 0.08 or 
 11.4   more; 
 11.5      (4) while having an alcohol concentration of 0.10 0.08 or 
 11.6   more, as measured within two hours of the time of driving; 
 11.7      (5) in a negligent manner while knowingly under the 
 11.8   influence of a hazardous substance; 
 11.9      (6) in a negligent manner while any amount of a controlled 
 11.10  substance listed in schedule I or II, other than marijuana or 
 11.11  tetrahydrocannabinols, is present in the person's body; or 
 11.12     (7) where the driver who causes the accident leaves the 
 11.13  scene of the accident in violation of section 169.09, 
 11.14  subdivision 1 or 6. 
 11.15     Subd. 2a.  [RESULTING IN SUBSTANTIAL BODILY HARM.] A person 
 11.16  is guilty of criminal vehicular operation resulting in 
 11.17  substantial bodily harm and may be sentenced to imprisonment of 
 11.18  not more than three years or to payment of a fine of not more 
 11.19  than $10,000, or both, if the person causes substantial bodily 
 11.20  harm to another, as a result of operating a motor vehicle; 
 11.21     (1) in a grossly negligent manner; 
 11.22     (2) in a negligent manner while under the influence of: 
 11.23     (i) alcohol; 
 11.24     (ii) a controlled substance; or 
 11.25     (iii) any combination of those elements; 
 11.26     (3) while having an alcohol concentration of 0.10 0.08 or 
 11.27  more; 
 11.28     (4) while having an alcohol concentration of 0.10 0.08 or 
 11.29  more, as measured within two hours of the time of driving; 
 11.30     (5) in a negligent manner while knowingly under the 
 11.31  influence of a hazardous substance; 
 11.32     (6) in a negligent manner while any amount of a controlled 
 11.33  substance listed in schedule I or II, other than marijuana or 
 11.34  tetrahydrocannabinols, is present in the person's body; or 
 11.35     (7) where the driver who causes the accident leaves the 
 11.36  scene of the accident in violation of section 169.09, 
 12.1   subdivision 1 or 6. 
 12.2      Subd. 2b.  [RESULTING IN BODILY HARM.] A person is guilty 
 12.3   of criminal vehicular operation resulting in bodily harm and may 
 12.4   be sentenced to imprisonment for not more than one year or to 
 12.5   payment of a fine of not more than $3,000, or both, if the 
 12.6   person causes bodily harm to another, as a result of operating a 
 12.7   motor vehicle: 
 12.8      (1) in a grossly negligent manner; 
 12.9      (2) in a negligent manner while under the influence of: 
 12.10     (i) alcohol; 
 12.11     (ii) a controlled substance; or 
 12.12     (iii) any combination of those elements; 
 12.13     (3) while having an alcohol concentration of 0.10 0.08 or 
 12.14  more; 
 12.15     (4) while having an alcohol concentration of 0.10 0.08 or 
 12.16  more, as measured within two hours of the time of driving; 
 12.17     (5) in a negligent manner while knowingly under the 
 12.18  influence of a hazardous substance; 
 12.19     (6) in a negligent manner while any amount of a controlled 
 12.20  substance listed in schedule I or II, other than marijuana or 
 12.21  tetrahydrocannabinols, is present in the person's body; or 
 12.22     (7) where the driver who causes the accident leaves the 
 12.23  scene of the accident in violation of section 169.09, 
 12.24  subdivision 1 or 6. 
 12.25     Subd. 3.  [RESULTING IN DEATH TO AN UNBORN CHILD.] A person 
 12.26  is guilty of criminal vehicular operation resulting in death to 
 12.27  an unborn child and may be sentenced to imprisonment for not 
 12.28  more than ten years or to payment of a fine of not more than 
 12.29  $20,000, or both, if the person causes the death of an unborn 
 12.30  child as a result of operating a motor vehicle: 
 12.31     (1) in a grossly negligent manner; 
 12.32     (2) in a negligent manner while under the influence of: 
 12.33     (i) alcohol; 
 12.34     (ii) a controlled substance; or 
 12.35     (iii) any combination of those elements; 
 12.36     (3) while having an alcohol concentration of 0.10 0.08 or 
 13.1   more; 
 13.2      (4) while having an alcohol concentration of 0.10 0.08 or 
 13.3   more, as measured within two hours of the time of driving; 
 13.4      (5) in a negligent manner while knowingly under the 
 13.5   influence of a hazardous substance; 
 13.6      (6) in a negligent manner while any amount of a controlled 
 13.7   substance listed in schedule I or II, other than marijuana or 
 13.8   tetrahydrocannabinols, is present in the person's body; or 
 13.9      (7) where the driver who causes the accident leaves the 
 13.10  scene of the accident in violation of section 169.09, 
 13.11  subdivision 1 or 6.  
 13.12     A prosecution for or conviction of a crime under this 
 13.13  subdivision is not a bar to conviction of or punishment for any 
 13.14  other crime committed by the defendant as part of the same 
 13.15  conduct. 
 13.16     Subd. 4.  [RESULTING IN INJURY TO UNBORN CHILD.] A person 
 13.17  is guilty of criminal vehicular operation resulting in injury to 
 13.18  an unborn child and may be sentenced to imprisonment for not 
 13.19  more than five years or to payment of a fine of not more than 
 13.20  $10,000, or both, if the person causes great bodily harm to an 
 13.21  unborn child who is subsequently born alive, as a result of 
 13.22  operating a motor vehicle: 
 13.23     (1) in a grossly negligent manner; 
 13.24     (2) in a negligent manner while under the influence of:  
 13.25     (i) alcohol; 
 13.26     (ii) a controlled substance; or 
 13.27     (iii) any combination of those elements; 
 13.28     (3) while having an alcohol concentration of 0.10 0.08 or 
 13.29  more; 
 13.30     (4) while having an alcohol concentration of 0.10 0.08 or 
 13.31  more, as measured within two hours of the time of driving; 
 13.32     (5) in a negligent manner while knowingly under the 
 13.33  influence of a hazardous substance; 
 13.34     (6) in a negligent manner while any amount of a controlled 
 13.35  substance listed in schedule I or II, other than marijuana or 
 13.36  tetrahydrocannabinols, is present in the person's body; or 
 14.1      (7) where the driver who causes the accident leaves the 
 14.2   scene of the accident in violation of section 169.09, 
 14.3   subdivision 1 or 6.  
 14.4      A prosecution for or conviction of a crime under this 
 14.5   subdivision is not a bar to conviction of or punishment for any 
 14.6   other crime committed by the defendant as part of the same 
 14.7   conduct. 
 14.8      Subd. 4a.  [AFFIRMATIVE DEFENSE.] It shall be an 
 14.9   affirmative defense to a charge under subdivision 1, clause (6); 
 14.10  2, clause (6); 2a, clause (6); 2b, clause (6); 3, clause (6); or 
 14.11  4, clause (6), that the defendant used the controlled substance 
 14.12  according to the terms of a prescription issued for the 
 14.13  defendant in accordance with sections 152.11 and 152.12. 
 14.14     Subd. 5.  [DEFINITIONS.] For purposes of this section, the 
 14.15  terms defined in this subdivision have the meanings given them. 
 14.16     (a) "Motor vehicle" has the meaning given in section 
 14.17  609.52, subdivision 1. 
 14.18     (b) "Controlled substance" has the meaning given in section 
 14.19  152.01, subdivision 4. 
 14.20     (c) "Hazardous substance" means any chemical or chemical 
 14.21  compound that is listed as a hazardous substance in rules 
 14.22  adopted under chapter 182. 
 14.23     Sec. 13.  [FISCAL PROVISIONS.] 
 14.24     Any increased costs incurred by the attorney general as a 
 14.25  result of this act must be absorbed internally within the 
 14.26  attorney general's appropriations and must not be treated as a 
 14.27  base adjustment for fiscal years 2004 and 2005. 
 14.28     Sec. 14.  [EFFECTIVE DATE.] 
 14.29     Sections 1 to 13 are effective August 1, 2003, and apply to 
 14.30  offenses committed on or after that date.