HF 191

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crimes; driving while impaired; enhancing 
  1.3             criminal penalties for repeat violations involving 
  1.4             commercial motor vehicles; clarifying the definition 
  1.5             of commercial vehicle and including violations 
  1.6             involving commercial motor vehicles into the 
  1.7             definition of prior DWI offenses; making technical 
  1.8             corrections; amending Minnesota Statutes 1996, 
  1.9             sections 169.01, subdivision 75; 169.121, subdivision 
  1.10            3; and 169.1211, subdivision 1, and by adding 
  1.11            subdivisions. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1996, section 169.01, 
  1.14  subdivision 75, is amended to read: 
  1.15     Subd. 75.  [COMMERCIAL MOTOR VEHICLE.] (a) "Commercial 
  1.16  motor vehicle" means a motor vehicle or combination of motor 
  1.17  vehicles used to transport passengers or property if the motor 
  1.18  vehicle: 
  1.19     (1) has a gross vehicle weight of more than 26,000 pounds; 
  1.20     (2) has a towed unit with a gross vehicle weight of more 
  1.21  than 10,000 pounds and the combination of vehicles has a 
  1.22  combined gross vehicle weight of more than 26,000 pounds; 
  1.23     (3) is a bus; 
  1.24     (4) is of any size and is used in the transportation of 
  1.25  hazardous materials, except for those vehicles having a gross 
  1.26  vehicle weight of 26,000 pounds or less while carrying in bulk 
  1.27  tanks a total of not more than 200 gallons of petroleum products 
  1.28  and liquid fertilizer; or 
  2.1      (5) is outwardly equipped and identified as a school bus, 
  2.2   except for school buses defined in subdivision 6, paragraph (c). 
  2.3      (b) For purposes of sections 169.1211, 169.1215, and 
  2.4   169.123, subdivisions 2 and 4,: 
  2.5      (1) a commercial motor vehicle does not include a farm 
  2.6   truck, firefighting equipment, or recreational equipment being 
  2.7   operated by a person within the scope of section 171.02, 
  2.8   subdivision 2, paragraph (a); and 
  2.9      (2) a commercial motor vehicle includes a vehicle capable 
  2.10  of or designed to meet the standards described in paragraph (a), 
  2.11  clause (2), whether or not the towed unit is attached to the 
  2.12  truck-tractor at the time of the violation or stop. 
  2.13     Sec. 2.  Minnesota Statutes 1996, section 169.121, 
  2.14  subdivision 3, is amended to read: 
  2.15     Subd. 3.  [CRIMINAL PENALTIES.] (a) As used in this 
  2.16  subdivision:  
  2.17     (1) "Prior impaired driving conviction" means a prior 
  2.18  conviction under: 
  2.19     (i) this section; or section 84.91, subdivision 1, 
  2.20  paragraph (a); 86B.331, subdivision 1, paragraph (a); 169.1211; 
  2.21  169.129; or 360.0752; 
  2.22     (ii) section 609.21, subdivision 1, clauses (2) to 
  2.23  (6); 609.21, subdivision 2, clauses (2) to (6); 609.21, 
  2.24  subdivision 2a, clauses (2) to (6); 609.21, subdivision 2b, 
  2.25  clauses (2) to (6); 609.21, subdivision 3, clauses (2) to 
  2.26  (6); 609.21, or subdivision 4, clauses (2) to (6); or 
  2.27     (iii) an ordinance from this state, or a statute or 
  2.28  ordinance from another state, in conformity with any of 
  2.29  them provision listed in item (i) or (ii).  A prior impaired 
  2.30  driving conviction also includes a prior juvenile adjudication 
  2.31  that would have been a prior impaired driving conviction if 
  2.32  committed by an adult; and. 
  2.33     (2) "Prior license revocation" means a driver's license 
  2.34  suspension, revocation, or cancellation, denial, or 
  2.35  disqualification under: 
  2.36     (i) this section; or section 169.1211, 169.123;, 
  3.1   171.04;, 171.14;, 171.16;, 171.165, 171.17;, or 171.18 
  3.2   because of an alcohol-related incident; 
  3.3      (ii) section 609.21, subdivision 1, clauses (2) to 
  3.4   (6); 609.21, subdivision 2, clauses (2) to (6); 609.21, 
  3.5   subdivision 2a, clauses (2) to (6); 609.21, subdivision 2b, 
  3.6   clauses (2) to (6); 609.21, subdivision 3, clauses (2) to (6); 
  3.7   or 609.21, subdivision 4, clauses (2) to (6); or 
  3.8      (iii) an ordinance from this state, or a statute or 
  3.9   ordinance from another state, in conformity with any of them 
  3.10  provision listed in item (i) or (ii). 
  3.11     (b) A person who violates subdivision 1 or 1a, or an 
  3.12  ordinance in conformity with either of them, is guilty of a 
  3.13  misdemeanor. 
  3.14     (c) A person is guilty of a gross misdemeanor under any of 
  3.15  the following circumstances: 
  3.16     (1) the person violates subdivision 1 within five years of 
  3.17  a prior impaired driving conviction, or within ten years of the 
  3.18  first of two or more prior impaired driving convictions; 
  3.19     (2) the person violates subdivision 1a within five years of 
  3.20  a prior license revocation, or within ten years of the first of 
  3.21  two or more prior license revocations; 
  3.22     (3) the person violates section 169.26 while in violation 
  3.23  of subdivision 1; or 
  3.24     (4) the person violates subdivision 1 or 1a while a child 
  3.25  under the age of 16 is in the vehicle, if the child is more than 
  3.26  36 months younger than the violator. 
  3.27     (d) The attorney in the jurisdiction in which the violation 
  3.28  occurred who is responsible for prosecution of misdemeanor 
  3.29  violations of this section shall also be responsible for 
  3.30  prosecution of gross misdemeanor violations of this section. 
  3.31     (e) The court must impose consecutive sentences when it 
  3.32  sentences a person for a violation of this section or section 
  3.33  169.129 arising out of separate behavioral incidents.  The court 
  3.34  also must impose a consecutive sentence when it sentences a 
  3.35  person for a violation of this section or section 169.129 and 
  3.36  the person, at the time of sentencing, is on probation for, or 
  4.1   serving, an executed sentence for a violation of this section or 
  4.2   section 169.129 and the prior sentence involved a separate 
  4.3   behavioral incident.  The court also may order that the sentence 
  4.4   imposed for a violation of this section or section 169.129 shall 
  4.5   run consecutively to a previously imposed misdemeanor, gross 
  4.6   misdemeanor or felony sentence for a violation other than this 
  4.7   section or section 169.129. 
  4.8      (f) The court may impose consecutive sentences for offenses 
  4.9   arising out of a single course of conduct as permitted in 
  4.10  section 609.035, subdivision 2.  
  4.11     (g) When an attorney responsible for prosecuting gross 
  4.12  misdemeanors under this section requests criminal history 
  4.13  information relating to prior impaired driving convictions from 
  4.14  a court, the court must furnish the information without charge. 
  4.15     (h) A violation of subdivision 1a may be prosecuted either 
  4.16  in the jurisdiction where the arresting officer observed the 
  4.17  defendant driving, operating, or in control of the motor vehicle 
  4.18  or in the jurisdiction where the refusal occurred. 
  4.19     Sec. 3.  Minnesota Statutes 1996, section 169.1211, 
  4.20  subdivision 1, is amended to read: 
  4.21     Subdivision 1.  [CRIME.] It is a misdemeanor crime for any 
  4.22  person to drive, operate, or be in physical control of any 
  4.23  commercial motor vehicle within this state or upon the ice of 
  4.24  any boundary water of this state: 
  4.25     (1) when the person's alcohol concentration is 0.04 or 
  4.26  more; or 
  4.27     (2) when the person's alcohol concentration as measured 
  4.28  within two hours of the time of driving is 0.04 or more.  
  4.29     Sec. 4.  Minnesota Statutes 1996, section 169.1211, is 
  4.30  amended by adding a subdivision to read: 
  4.31     Subd. 1a.  [CRIMINAL PENALTIES.] (a) A person who violates 
  4.32  subdivision 1, or an ordinance in conformity with it, is guilty 
  4.33  of a misdemeanor. 
  4.34     (b) A person is guilty of a gross misdemeanor under any of 
  4.35  the following circumstances: 
  4.36     (1) the person violates subdivision 1 within five years of 
  5.1   a prior impaired driving conviction or a prior license 
  5.2   revocation, or within ten years of the first of two or more 
  5.3   prior impaired driving convictions, two or more prior license 
  5.4   revocations, or a combination of a prior impaired driving 
  5.5   conviction and a prior license revocation; 
  5.6      (2) the person violates section 169.26 while in violation 
  5.7   of subdivision 1; or 
  5.8      (3) the person violates subdivision 1 while a child under 
  5.9   the age of 16 is in the vehicle, if the child is more than 36 
  5.10  months younger than the violator. 
  5.11     Sec. 5.  Minnesota Statutes 1996, section 169.1211, is 
  5.12  amended by adding a subdivision to read: 
  5.13     Subd. 5.  [DEFINITIONS.] As used in this section, the terms 
  5.14  "prior impaired driving conviction" and "prior license 
  5.15  revocation" have the meanings given them in section 169.121, 
  5.16  subdivision 3, paragraph (a). 
  5.17     Sec. 6.  [EFFECTIVE DATE.] 
  5.18     Sections 1 to 5 are effective August 1, 1997, and apply to 
  5.19  violations occurring on or after that date.