HF 380

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; broadening the criteria for 
  1.3             license plate impoundment and vehicle forfeiture to 
  1.4             include persons with fewer violations for driving 
  1.5             while impaired; referencing broader definitions of 
  1.6             prior impaired driving convictions and prior license 
  1.7             revocations for purposes of license plate impoundment; 
  1.8             amending Minnesota Statutes 1996, sections 168.042, 
  1.9             subdivisions 1, 2, 4, 9, and 11; and 169.1217, 
  1.10            subdivision 1. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1996, section 168.042, 
  1.13  subdivision 1, is amended to read: 
  1.14     Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
  1.15  section, the following terms have the meanings given. 
  1.16     (b) "Violator" means a person who was driving, operating, 
  1.17  or in physical control of the motor vehicle when the violation 
  1.18  occurred. 
  1.19     (c) "Violation" means: 
  1.20     (1) a violation of section 169.123 or an impaired driving 
  1.21  conviction as defined in section 169.121, subdivision 3, that 
  1.22  results in the revocation of a person's driver's license or 
  1.23  driving privileges, and also includes an alcohol-related license 
  1.24  revocation from another state; 
  1.25     (2) a violation of section 169.129; and 
  1.26     (3) a violation of section 171.24 by a person whose 
  1.27  driver's license or driving privileges have been canceled under 
  1.28  section 171.04, subdivision 1, clause (8). includes: 
  2.1      (1) a violation of section 169.121, or a conforming 
  2.2   ordinance from this state or a conforming statute or ordinance 
  2.3   from another state: 
  2.4      (i) within five years of a prior impaired driving 
  2.5   conviction or a prior license revocation; or 
  2.6      (ii) within 15 years of two or more prior impaired driving 
  2.7   convictions, two or more prior license revocations, or one prior 
  2.8   impaired driving conviction and one prior license revocation, 
  2.9   based on separate incidents; 
  2.10     (2) a violation of section 169.121, subdivision 3, 
  2.11  paragraph (c), clause (4); 
  2.12     (3) a violation of section 169.129; and 
  2.13     (4) a violation of section 171.24 by a person whose 
  2.14  driver's license or driving privileges have been canceled under 
  2.15  section 171.04, subdivision 1, clause (9). 
  2.16     (d) "Prior impaired driving conviction" has the meaning 
  2.17  given it in section 169.121, subdivision 3. 
  2.18     (e) "Prior license revocation" has the meaning given it in 
  2.19  section 169.121, subdivision 3. 
  2.20     Sec. 2.  Minnesota Statutes 1996, section 168.042, 
  2.21  subdivision 2, is amended to read: 
  2.22     Subd. 2.  [VIOLATION; ISSUANCE OF IMPOUNDMENT ORDER.] The 
  2.23  commissioner shall issue a registration plate impoundment order 
  2.24  when: 
  2.25     (1) a person's driver's license or driving privileges are 
  2.26  revoked for a third violation, as defined in subdivision 1, 
  2.27  paragraph (c), clause (1), within five years or a fourth or 
  2.28  subsequent violation, as defined in subdivision 1, paragraph 
  2.29  (c), clause (1), within 15 years;. 
  2.30     (2) a person's driver's license or driving privileges are 
  2.31  revoked for a violation of section 169.121, subdivision 3, 
  2.32  paragraph (c), clause (4), within five years of one previous 
  2.33  violation or within 15 years of two or more previous violations, 
  2.34  as defined in subdivision 1, paragraph (c), clause (1); or 
  2.35     (3) a person is arrested for or charged with a violation 
  2.36  described in subdivision 1, paragraph (c), clause (2) or (3).  
  3.1      The order shall require the impoundment of the registration 
  3.2   plates of the self-propelled motor vehicle involved in the 
  3.3   violation and all self-propelled motor vehicles owned by, 
  3.4   registered, or leased in the name of the violator, including 
  3.5   self-propelled motor vehicles registered jointly or leased in 
  3.6   the name of the violator and another.  An impoundment order 
  3.7   shall not be issued for the registration plates of a rental 
  3.8   vehicle as defined in section 168.041, subdivision 10, or a 
  3.9   vehicle registered in another state. 
  3.10     Sec. 3.  Minnesota Statutes 1996, section 168.042, 
  3.11  subdivision 4, is amended to read: 
  3.12     Subd. 4.  [PEACE OFFICER AS AGENT FOR NOTICE OF 
  3.13  IMPOUNDMENT.] On behalf of the commissioner, a peace officer 
  3.14  issuing a notice of intent to revoke and of revocation under 
  3.15  section 169.123 for a violation shall also serve a notice of 
  3.16  intent to impound and an order of impoundment if the violation 
  3.17  is the third violation, as defined in subdivision 1, paragraph 
  3.18  (c), clause (1), within five years or the fourth or subsequent 
  3.19  violation, as defined in subdivision 1, paragraph (c), clause 
  3.20  (1), within 15 years.  On behalf of the commissioner, a peace 
  3.21  officer who is arresting a person for or charging a person with 
  3.22  a violation described in subdivision 1, paragraph (c), clause 
  3.23  (2) or (3), shall also serve a notice of intent to impound and 
  3.24  an order of impoundment.  If the vehicle involved in the 
  3.25  violation is accessible to the officer at the time the 
  3.26  impoundment order is issued, the officer shall seize the 
  3.27  registration plates subject to the impoundment order.  The 
  3.28  officer shall destroy all plates seized or impounded under this 
  3.29  section.  The officer shall send to the commissioner copies of 
  3.30  the notice of intent to impound and the order of impoundment and 
  3.31  a notice that registration plates impounded and seized under 
  3.32  this section have been destroyed. 
  3.33     Sec. 4.  Minnesota Statutes 1996, section 168.042, 
  3.34  subdivision 9, is amended to read: 
  3.35     Subd. 9.  [ADMINISTRATIVE REVIEW.] At any time during the 
  3.36  effective period of an impoundment order, a person may request 
  4.1   in writing a review of the impoundment order by the 
  4.2   commissioner.  On receiving a request, the commissioner or the 
  4.3   commissioner's designee shall review the order, the evidence 
  4.4   upon which the order was based, and any other material 
  4.5   information brought to the attention of the commissioner, and 
  4.6   determine whether sufficient cause exists to sustain the order.  
  4.7   The commissioner shall report in writing the results of the 
  4.8   review within 15 days of receiving the request.  The review 
  4.9   provided in this subdivision is not subject to the contested 
  4.10  case provisions of the administrative procedure act in sections 
  4.11  14.01 to 14.69.  As a result of this review, the commissioner 
  4.12  may authorize the issuance at no cost of new registration plates 
  4.13  to the registered owner of the vehicle if the registered owner's 
  4.14  license or driving privileges were not revoked under section 
  4.15  169.123 or as a result of an impaired driving conviction as 
  4.16  defined in section 169.121, subdivision 3 the violation. 
  4.17     Review under this subdivision shall take place, if 
  4.18  possible, at the same time as any administrative review of the 
  4.19  person's license revocation under section 169.123, subdivision 
  4.20  5b. 
  4.21     Sec. 5.  Minnesota Statutes 1996, section 168.042, 
  4.22  subdivision 11, is amended to read: 
  4.23     Subd. 11.  [RESCISSION OF REVOCATION; DISMISSAL OF CHARGES 
  4.24  OR ACQUITTAL; ISSUANCE OF NEW PLATES.] If: 
  4.25     (1) the driver's license revocation that is the basis for 
  4.26  an impoundment order is rescinded,; 
  4.27     (2) the charges for the violation have been dismissed with 
  4.28  prejudice; or 
  4.29     (3) the violator has been acquitted of the violation, 
  4.30  then the registrar of motor vehicles shall issue new 
  4.31  registration plates for the vehicle at no cost, when the 
  4.32  registrar receives an application that includes a copy of the 
  4.33  order rescinding the driver's license revocation, the order 
  4.34  dismissing the charges, or the judgment of acquittal.  If the 
  4.35  impoundment order was based on a violation described in 
  4.36  subdivision 1, paragraph (c), clause (2) or (3), and the charges 
  5.1   have been dismissed with prejudice or the violator has been 
  5.2   acquitted of the violation, the registrar of motor vehicles 
  5.3   shall issue new registration plates for the vehicle at no cost, 
  5.4   when the registrar receives an application that includes a copy 
  5.5   of the order dismissing the charges or a copy of the judgment of 
  5.6   acquittal. 
  5.7      Sec. 6.  Minnesota Statutes 1996, section 169.1217, 
  5.8   subdivision 1, is amended to read: 
  5.9      Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  5.10  following terms have the meanings given them: 
  5.11     (a) "Appropriate agency" means a law enforcement agency 
  5.12  that has the authority to make an arrest for a violation of a 
  5.13  designated offense. 
  5.14     (b) "Designated offense" includes a violation of section 
  5.15  169.121, or an ordinance from this state or a statute or 
  5.16  ordinance from another state in conformity with it, or 169.129: 
  5.17     (1) within five years of three two prior impaired driving 
  5.18  convictions or three, two prior license revocations, or one 
  5.19  prior impaired driving conviction and one prior license 
  5.20  revocation, based on separate incidents; 
  5.21     (2) within 15 years of the first of four three or more 
  5.22  prior impaired driving convictions or the first of four, three 
  5.23  or more prior license revocations, or any combination of three 
  5.24  or more prior impaired driving convictions and prior license 
  5.25  revocations, based on separate incidents; 
  5.26     (3) by a person whose driver's license or driving 
  5.27  privileges have been canceled under section 171.04, subdivision 
  5.28  1, clause (8) (9); or 
  5.29     (4) by a person who is subject to a restriction on the 
  5.30  person's driver's license under section 171.09 which provides 
  5.31  that the person may not use or consume any amount of alcohol or 
  5.32  a controlled substance. 
  5.33     "Designated offense" also includes a violation of section 
  5.34  169.121, subdivision 3, paragraph (c), clause (4): 
  5.35     (1) within five years of two a prior impaired driving 
  5.36  convictions conviction or two a prior license revocations 
  6.1   based on separate incidents revocation; or 
  6.2      (2) within 15 years of the first of three two or more prior 
  6.3   impaired driving convictions or the first of three, two or more 
  6.4   prior license revocations, or a prior impaired driving 
  6.5   conviction and a prior license revocation, based on separate 
  6.6   incidents. 
  6.7      (c) "Motor vehicle" and "vehicle" have the meaning given 
  6.8   "motor vehicle" in section 169.121, subdivision 11.  The terms 
  6.9   do not include a vehicle which is stolen or taken in violation 
  6.10  of the law. 
  6.11     (d) "Owner" means the registered owner of the motor vehicle 
  6.12  according to records of the department of public safety and 
  6.13  includes a lessee of a motor vehicle if the lease agreement has 
  6.14  a term of 180 days or more. 
  6.15     (e) "Prior impaired driving conviction" has the meaning 
  6.16  given it in section 169.121, subdivision 3.  A prior impaired 
  6.17  driving conviction also includes a prior juvenile adjudication 
  6.18  that would have been a prior impaired driving conviction if 
  6.19  committed by an adult. 
  6.20     (f) "Prior license revocation" has the meaning given it in 
  6.21  section 169.121, subdivision 3. 
  6.22     (g) "Prosecuting authority" means the attorney in the 
  6.23  jurisdiction in which the designated offense occurred who is 
  6.24  responsible for prosecuting violations of a designated offense. 
  6.25     Sec. 7.  [EFFECTIVE DATE.] 
  6.26     Sections 1 to 5 are effective August 1, 1997, and apply to 
  6.27  license plate impoundment actions for violations occurring on or 
  6.28  after that date. 
  6.29     Section 6 is effective August 1, 1997, and applies to 
  6.30  vehicle forfeitures for designated offenses occurring on or 
  6.31  after that date.