HF 170

2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to driver's licenses; modifying procedures 
  1.3             related to driving privileges and probation of person 
  1.4             driving after suspension, revocation, or cancellation 
  1.5             of driver's license; amending Minnesota Statutes 2000, 
  1.6             section 171.24, by adding subdivisions. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 171.24, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 8.  [TERMS AND CONDITIONS.] (a) Notwithstanding 
  1.11  section 609.132, a person who is charged with violating 
  1.12  subdivision 1, 2, or 3 is eligible for a discharge and dismissal 
  1.13  under subdivisions 8 to 10 if: 
  1.14     (1) the person has not been previously convicted of a 
  1.15  felony crime under the laws of this state or elsewhere; 
  1.16     (2) the person has not previously received a stay of 
  1.17  adjudication, continuance for dismissal, or agreement to suspend 
  1.18  prosecution for a violation of this section; 
  1.19     (3) the person has not previously participated in or 
  1.20  completed a diversion program for a violation of this section; 
  1.21     (4) the person has not previously been placed on probation 
  1.22  without a judgment of guilty for violation of this section; and 
  1.23     (5) the case does not involve a commercial motor vehicle. 
  1.24     (b) If a person meets the criteria under paragraph (a), the 
  1.25  court may, after trial or upon a plea of guilty, without 
  1.26  entering judgment of guilty and with the consent of the person, 
  2.1   defer further proceedings and place the person on probation upon 
  2.2   such reasonable conditions as the court may require and for a 
  2.3   period not to exceed the maximum sentence provided for the 
  2.4   violation if: 
  2.5      (1) the court determines that the person has the present 
  2.6   ability to obtain reinstatement of driving privileges by 
  2.7   remedying the circumstance for which the person's driving 
  2.8   privileges originally were suspended or revoked or by complying 
  2.9   with section 171.29; 
  2.10     (2) the person agrees to seek reinstatement of driving 
  2.11  privileges; 
  2.12     (3) the court schedules a sentencing hearing within 90 
  2.13  days, which time may be extended for good cause shown, to review 
  2.14  whether the person's driving privileges have been reinstated; 
  2.15  and 
  2.16     (4) the person agrees not to drive without a driver's 
  2.17  license. 
  2.18     Sec. 2.  Minnesota Statutes 2000, section 171.24, is 
  2.19  amended by adding a subdivision to read: 
  2.20     Subd. 9.  [PROBATION VIOLATION.] Upon violation of a 
  2.21  condition of probation relating to a stay of adjudication 
  2.22  granted under subdivision 8, including a failure to comply with 
  2.23  reinstatement of the person's driving privileges, the court 
  2.24  shall order an adjudication of guilt for a violation of 
  2.25  subdivision 1, 2, or 3, and proceed as otherwise provided. 
  2.26     Sec. 3.  Minnesota Statutes 2000, section 171.24, is 
  2.27  amended by adding a subdivision to read: 
  2.28     Subd. 10.  [DISCHARGE AND DISMISSAL.] (a) If during the 
  2.29  period of probation relating to a stay of adjudication granted 
  2.30  under subdivision 8, the court determines that the person's 
  2.31  driving privileges have been reinstated, the court may dismiss 
  2.32  the proceedings against the person.  Discharge and dismissal 
  2.33  under this subdivision must be without court adjudication of 
  2.34  guilt for violating subdivision 1, 2, or 3. 
  2.35     (b) The court shall notify the commissioner of public 
  2.36  safety when it dismisses the proceedings against the person.  
  3.1   The commissioner shall record this fact on the person's driver's 
  3.2   record. 
  3.3      (c) Subdivisions 8 to 10 do not apply to persons whose 
  3.4   driving privileges were suspended, revoked, or canceled for an 
  3.5   impaired driving offense under chapter 169A. 
  3.6      Sec. 4.  [EFFECTIVE DATE.] 
  3.7      This act is effective August 1, 2001, and applies to crimes 
  3.8   committed on or after that date.