HF 589

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:39am

A bill for an act
relating to public safety; creating pilot program for driver's license reinstatement
diversion for individuals charged with driving without valid license.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin LICENSE REINSTATEMENT DIVERSION PILOT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin An eligible city may establish a license reinstatement
diversion pilot program for holders of class D drivers' licenses who have been charged
with violating Minnesota Statutes, section 171.24, subdivision 1 or 2, but have not yet
entered a plea in the proceedings. An individual charged with driving after revocation
under Minnesota Statutes, section 171.24, subdivision 2, is eligible for diversion only if
the revocation was due to a violation of Minnesota Statutes, section 169.791; 169.797;
169A.52; 169A.54; or 171.17, subdivision 1, paragraph (a), clause (6). An individual
who is a holder of a commercial driver's license or who has committed an offense in a
commercial motor vehicle is ineligible for participation in the diversion pilot program.
new text end

new text begin Subd. 2. new text end

new text begin Eligible cities. new text end

new text begin Each of the cities of Duluth, St. Paul, South St. Paul,
West St. Paul, and Inver Grove Heights is eligible to establish the license reinstatement
diversion pilot program within its city.
new text end

new text begin Subd. 3. new text end

new text begin Contract. new text end

new text begin Notwithstanding any law or ordinance to the contrary, an
eligible city may contract with a third party to create and administer the diversion program.
new text end

new text begin Subd. 4. new text end

new text begin Diversion of individual. new text end

new text begin A prosecutor for a participating city may
determine whether to accept an individual for diversion, and in doing so shall consider:
new text end

new text begin (1) whether the individual has a record of driving without a valid license or other
criminal record, or has previously participated in a diversion program;
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new text begin (2) the strength of the evidence against the individual, along with any mitigating
factors; and
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new text begin (3) the apparent ability and willingness of the individual to participate in the
diversion program and comply with its requirements.
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new text begin new text end new text begin new text end

new text begin Subd. 5. new text end

new text begin Diversion driver's license. new text end

new text begin (a) Notwithstanding any law to the contrary,
the commissioner of public safety may issue a diversion driver's license to a person who
is a participant in a pilot program for diversion, following receipt of an application and
payment of:
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new text begin (1) the reinstatement fee under Minnesota Statutes, section 171.20, subdivision 4, by
a participant whose driver's license has been suspended;
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new text begin (2) the reinstatement fee under Minnesota Statutes, section 171.29, subdivision 2,
paragraph (a), by a participant whose driver's license has been revoked under Minnesota
Statutes, section 169.791; 169.797; or 171.17, subdivision 1, paragraph (a), clause (6); or
new text end

new text begin (3) the reinstatement fee under Minnesota Statutes, section 171.29, subdivision 2,
paragraph (a), by a participant whose driver's license has been revoked under Minnesota
Statutes, section 169A.52 or 169A.54. The reinstatement fee and surcharge, both of which
are provided under Minnesota Statutes, section 171.29, subdivision 2, paragraph (b), also
must be paid during the course of, and as a condition of, the diversion program.
new text end

new text begin The diversion driver's license may bear restrictions imposed by the commissioner suitable
to the licensee's driving ability or other restrictions applicable to the licensee as the
commissioner may determine to be appropriate to assure the safe operation of a motor
vehicle by the licensee.
new text end

new text begin (b) Payments by participants in the diversion program of the reinstatement fee and
surcharge under Minnesota Statutes, section 171.29, subdivision 2, paragraph (b), must be
applied first toward payment of the reinstatement fee, and after the reinstatement fee has
been fully paid, toward payment of the surcharge. Each payment that is applied toward
the reinstatement fee must be credited as provided in Minnesota Statutes, section 171.29,
subdivision 2, paragraph (b), and each payment that is applied toward the surcharge must
be credited as provided in Minnesota Statutes, section 171.29, subdivision 2, paragraphs
(c) and (d).
new text end

new text begin Subd. 6. new text end

new text begin Components of program. new text end

new text begin (a) At a minimum, the diversion program
must require individuals to:
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new text begin (1) successfully attend and complete, at the individual's expense, educational classes
that provide, among other things, information on drivers' licensure;
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new text begin (2) pay, according to a schedule approved by the prosecutor, all required fees,
fines, and charges, including applicable statutory license reinstatement fees and costs
of participation in the program;
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new text begin (3) comply with all traffic laws; and
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new text begin (4) demonstrate compliance with vehicle insurance requirements.
new text end

new text begin (b) An individual who is accepted into the pilot program is eligible to apply for a
diversion driver's license.
new text end

new text begin Subd. 7. new text end

new text begin Termination of participation in diversion program. new text end

new text begin (a) An individual's
participation in the diversion program may terminate when:
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new text begin (1) during participation in the program, the individual is guilty of a moving traffic
violation or failure to provide vehicle insurance;
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new text begin (2) the third-party administrator of the diversion program informs the court and the
commissioner of public safety that the individual is no longer satisfying the conditions
of the diversion; or
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new text begin (3) the third-party administrator informs the court, the prosecutor, and the
commissioner of public safety that the individual has met all conditions of the diversion
program, including, at a minimum, satisfactory fulfillment of the components in
subdivision 6, whereupon the court shall dismiss the charge or the prosecutor shall decline
to prosecute.
new text end

new text begin (b) Upon termination of an individual's participation in the diversion program, the
commissioner shall cancel the individual's diversion driver's license.
new text end

new text begin (c) The original charge against the individual of violation of Minnesota Statutes,
section 171.24, may be reinstated against an individual whose participation in the
diversion program terminates under paragraph (a), clause (1) or (2).
new text end

new text begin (d) The commissioner shall reinstate the driver's license of an individual whose
participation in the diversion program terminates under paragraph (a), clause (3).
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new text begin Subd. 8. new text end

new text begin Report. new text end

new text begin (a) By February 1, 2011, the commissioner of public safety and
each eligible city that participates in the diversion program shall report to the legislative
committees with jurisdiction over transportation and the judiciary concerning the results
of the program. The report must include, without limitation, the effect of the program on:
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new text begin (1) recidivism rates for participants in the diversion pilot program;
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new text begin (2) the number of unlicensed drivers who continue to drive in violation of Minnesota
Statutes, section 171.24;
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new text begin (3) payment of the fees and fines collected in the diversion pilot program to cities,
counties, and the state;
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new text begin (4) educational support provided to participants in the diversion pilot program; and
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new text begin (5) the total number of participants in the diversion pilot program and the number of
participants who have terminated from the pilot program under subdivision 7, paragraph
(a), clauses (1) to (3).
new text end

new text begin (b) The report must include recommendations regarding the future of the program
and any necessary legislative changes.
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new text begin Subd. 9. new text end

new text begin Sunset. new text end

new text begin The pilot project under this section expires June 30, 2011.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end