HF 499

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

  1.1                          A bill for an act 
  1.2             relating to criminal justice; DWI; enhancing the 
  1.3             penalty for refusing to submit to a chemical test; 
  1.4             amending Minnesota Statutes 2002, sections 169A.25, 
  1.5             subdivision 1; 169A.26, subdivision 1; 169A.27, 
  1.6             subdivision 1. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 169A.25, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [DEGREE DESCRIBED.] (a) A person who 
  1.11  violates section 169A.20, subdivision 1 (driving while 
  1.12  impaired crime), is guilty of second-degree driving while 
  1.13  impaired if two or more aggravating factors were present when 
  1.14  the violation was committed.  
  1.15     (b) A person who violates section 169A.20, subdivision 2 
  1.16  (refusal to submit to chemical test crime), is guilty of 
  1.17  second-degree driving while impaired if one aggravating factor 
  1.18  was present when the violation was committed. 
  1.19     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
  1.20  and applies to crimes committed on or after that date. 
  1.21     Sec. 2.  Minnesota Statutes 2002, section 169A.26, 
  1.22  subdivision 1, is amended to read: 
  1.23     Subdivision 1.  [DEGREE DESCRIBED.] (a) A person who 
  1.24  violates section 169A.20, subdivision 1 (driving while 
  1.25  impaired crime), is guilty of third-degree driving while 
  1.26  impaired if one aggravating factor was present when the 
  2.1   violation was committed.  
  2.2      (b) A person who violates section 169A.20, subdivision 2 
  2.3   (refusal to submit to chemical test crime), is guilty of 
  2.4   third-degree driving while impaired. 
  2.5      [EFFECTIVE DATE.] This section is effective August 1, 2003, 
  2.6   and applies to crimes committed on or after that date. 
  2.7      Sec. 3.  Minnesota Statutes 2002, section 169A.27, 
  2.8   subdivision 1, is amended to read: 
  2.9      Subdivision 1.  [DEGREE DESCRIBED.] A person who violates 
  2.10  section 169A.20, subdivision 1 (driving while impaired crime), 
  2.11  is guilty of fourth-degree driving while impaired. 
  2.12     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
  2.13  and applies to crimes committed on or after that date.