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HF 651

as introduced - 89th Legislature (2015 - 2016) Posted on 02/05/2015 01:58pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/05/2015

Current Version - as introduced

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A bill for an act
relating to public safety; amending the crime of driving while impaired, implied
consent, and administrative plate impoundment to include an impaired person
supervising a permit holder; amending Minnesota Statutes 2014, sections
169A.03, by adding a subdivision; 169A.20, subdivision 1; 169A.43, subdivision
3; 169A.51, subdivision 1; 169A.52, subdivisions 3, 4; 169A.53, subdivision 3;
169A.60, subdivision 1; 171.05, subdivision 1.

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

Section 1.

Minnesota Statutes 2014, section 169A.03, is amended by adding a
subdivision to read:


new text begin Subd. 18a. new text end

new text begin Permit holder. new text end

new text begin "Permit holder" means a person who has applied for
and received an instruction permit under section 171.05.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2014, section 169A.20, subdivision 1, is amended to read:


Subdivision 1.

Driving while impaired crime; motor vehicle.

It is a crime for
any person to drive, operate, deleted text begin ordeleted text end be in physical control ofnew text begin , or supervise a permit holder
operating
new text end any motor vehicle, as defined in section 169A.03, subdivision 15, except for
motorboats in operation and off-road recreational vehicles, within this state or on any
boundary water of this state when:

(1) the person is under the influence of alcohol;

(2) the person is under the influence of a controlled substance;

(3) the person is knowingly under the influence of a hazardous substance that affects
the nervous system, brain, or muscles of the person so as to substantially impair the
person's ability to drive deleted text begin ordeleted text end new text begin ,new text end operatenew text begin , or supervise operation ofnew text end the motor vehicle;

(4) the person is under the influence of a combination of any two or more of the
elements named in clauses (1) to (3);

(5) the person's alcohol concentration at the time, or as measured within two hours
of the time, of driving, operating, deleted text begin ordeleted text end being in physical control ofnew text begin , or supervising a permit
holder operating
new text end the motor vehicle is 0.08 or more;

(6) the vehicle is a commercial motor vehicle and the person's alcohol concentration
at the time, or as measured within two hours of the time, of driving, operating, or being in
physical control of the commercial motor vehicle is 0.04 or more; or

(7) the person's body contains any amount of a controlled substance listed in
Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2014, section 169A.43, subdivision 3, is amended to read:


Subd. 3.

Venue.

(a) A violation of section 169A.20, subdivision 2 (refusal to submit
to chemical test) may be prosecuted either in the jurisdiction where the arresting officer
observed the defendant driving, operating, deleted text begin ordeleted text end in control ofnew text begin , or supervising a permit holder
operating
new text end the motor vehicle or in the jurisdiction where the refusal occurred.

(b) An underage drinking and driving offense may be prosecuted as provided in
section 169A.33, subdivision 6 (underage drinking and driving).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2014, section 169A.51, subdivision 1, is amended to read:


Subdivision 1.

Implied consent; conditions; election of test.

(a) Any person who
drives, operates, deleted text begin ordeleted text end is in physical control ofnew text begin , or supervises a permit holder operatingnew text end a
motor vehicle within this state or on any boundary water of this state consents, subject to
the provisions of sections 169A.50 to 169A.53 (implied consent law), and section 169A.20
(driving while impaired), to a chemical test of that person's blood, breath, or urine for the
purpose of determining the presence of alcohol, a controlled substance or its metabolite, or
a hazardous substance. The test must be administered at the direction of a peace officer.

(b) The test may be required of a person when an officer has probable cause to
believe the person was driving, operating, deleted text begin ordeleted text end in physical control ofnew text begin , or supervising a permit
holder operating
new text end a motor vehicle in violation of section 169A.20 (driving while impaired),
and one of the following conditions exist:

(1) the person has been lawfully placed under arrest for violation of section 169A.20
or an ordinance in conformity with it;

(2) the person has been involved in a motor vehicle accident or collision resulting in
property damage, personal injury, or death;

(3) the person has refused to take the screening test provided for by section 169A.41
(preliminary screening test); or

(4) the screening test was administered and indicated an alcohol concentration of
0.08 or more.

(c) The test may also be required of a person when an officer has probable cause to
believe the person was driving, operating, or in physical control of a commercial motor
vehicle with the presence of any alcohol.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2014, section 169A.52, subdivision 3, is amended to read:


Subd. 3.

Test refusal; license revocation.

(a) Upon certification by the peace
officer that there existed probable cause to believe the person had been driving, operating,
deleted text begin ordeleted text end in physical control ofnew text begin , or supervising a permit holder operatingnew text end a motor vehicle in
violation of section 169A.20 (driving while impaired), and that the person refused to
submit to a test, the commissioner shall revoke the person's license or permit to drive,
or nonresident operating privilege, even if a test was obtained pursuant to this section
after the person refused to submit to testing. The commissioner shall revoke the license,
permit, or nonresident operating privilege:

(1) for a person with no qualified prior impaired driving incidents within the past ten
years, for a period of not less than one year;

(2) for a person under the age of 21 years and with no qualified prior impaired
driving incidents within the past ten years, for a period of not less than one year;

(3) for a person with one qualified prior impaired driving incident within the past
ten years, or two qualified prior impaired driving incidents, for a period of not less than
two years;

(4) for a person with two qualified prior impaired driving incidents within the past
ten years, or three qualified prior impaired driving incidents, for a period of not less
than three years;

(5) for a person with three qualified prior impaired driving incidents within the past
ten years, for a period of not less than four years; or

(6) for a person with four or more qualified prior impaired driving incidents, for a
period of not less than six years.

(b) Upon certification by the peace officer that there existed probable cause to
believe the person had been driving, operating, or in physical control of a commercial
motor vehicle with the presence of any alcohol in violation of section 169A.20 (driving
while impaired), and that the person refused to submit to a test, the commissioner shall
disqualify the person from operating a commercial motor vehicle and shall revoke the
person's license or permit to drive or nonresident operating privilege according to the
federal regulations adopted by reference in section 171.165, subdivision 2.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to
offenses committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2014, section 169A.52, subdivision 4, is amended to read:


Subd. 4.

Test failure; license revocation.

(a) Upon certification by the peace officer
that there existed probable cause to believe the person had been driving, operating, deleted text begin ordeleted text end in
physical control ofnew text begin , or supervising a permit holder operatingnew text end a motor vehicle in violation
of section 169A.20 (driving while impaired) and that the person submitted to a test and
the test results indicate an alcohol concentration of 0.08 or more or the presence of a
controlled substance listed in Schedule I or II or its metabolite, other than marijuana or
tetrahydrocannabinols, then the commissioner shall revoke the person's license or permit
to drive, or nonresident operating privilege:

(1) for a period of 90 days, or, if the test results indicate an alcohol concentration of
twice the legal limit or more, not less than one year;

(2) if the person is under the age of 21 years, for a period of not less than 180 days
or, if the test results indicate an alcohol concentration of twice the legal limit or more, not
less than one year;

(3) for a person with one qualified prior impaired driving incident within the past
ten years, or two qualified prior impaired driving incidents, for a period of not less than
one year, or if the test results indicate an alcohol concentration of twice the legal limit
or more, not less than two years;

(4) for a person with two qualified prior impaired driving incidents within the past
ten years, or three qualified prior impaired driving incidents, for a period of not less
than three years;

(5) for a person with three qualified prior impaired driving incidents within the past
ten years, for a period of not less than four years; or

(6) for a person with four or more qualified prior impaired driving incidents, for a
period of not less than six years.

(b) On certification by the peace officer that there existed probable cause to believe
the person had been driving, operating, or in physical control of a commercial motor
vehicle with any presence of alcohol and that the person submitted to a test and the
test results indicated an alcohol concentration of 0.04 or more, the commissioner shall
disqualify the person from operating a commercial motor vehicle under section 171.165
(commercial driver's license disqualification).

(c) If the test is of a person's blood or urine by a laboratory operated by the Bureau
of Criminal Apprehension, or authorized by the bureau to conduct the analysis of a blood
or urine sample, the laboratory may directly certify to the commissioner the test results,
and the peace officer shall certify to the commissioner that there existed probable cause to
believe the person had been driving, operating, deleted text begin ordeleted text end in physical control ofnew text begin , or supervising a
permit holder operating
new text end a motor vehicle in violation of section 169A.20 and that the
person submitted to a test. Upon receipt of both certifications, the commissioner shall
undertake the license actions described in paragraphs (a) and (b).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to
offenses committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2014, section 169A.53, subdivision 3, is amended to read:


Subd. 3.

Judicial hearing; issues, order, appeal.

(a) A judicial review hearing
under this section must be before a district judge in any county in the judicial district
where the alleged offense occurred. The hearing is to the court and may be conducted at
the same time and in the same manner as hearings upon pretrial motions in the criminal
prosecution under section 169A.20 (driving while impaired), if any. The hearing must be
recorded. The commissioner shall appear and be represented by the attorney general or
through the prosecuting authority for the jurisdiction involved. The hearing must be held
at the earliest practicable date, and in any event no later than 60 days following the filing
of the petition for review. The judicial district administrator shall establish procedures to
ensure efficient compliance with this subdivision. To accomplish this, the administrator
may, whenever possible, consolidate and transfer review hearings among the locations
within the judicial district where terms of district court are held.

(b) The scope of the hearing is limited to the issues in clauses (1) to (10):

(1) Did the peace officer have probable cause to believe the person was driving,
operating, deleted text begin ordeleted text end in physical control ofnew text begin , or supervising a permit holder operatingnew text end a motor
vehiclenew text begin ,new text end or new text begin driving, operating, or in physical control of a new text end commercial motor vehiclenew text begin ,new text end in
violation of section 169A.20 (driving while impaired)?

(2) Was the person lawfully placed under arrest for violation of section 169A.20?

(3) Was the person involved in a motor vehicle accident or collision resulting in
property damage, personal injury, or death?

(4) Did the person refuse to take a screening test provided for by section 169A.41
(preliminary screening test)?

(5) If the screening test was administered, did the test indicate an alcohol
concentration of 0.08 or more?

(6) At the time of the request for the test, did the peace officer inform the person
of the person's rights and the consequences of taking or refusing the test as required by
section 169A.51, subdivision 2?

(7) Did the person refuse to permit the test?

(8) If a test was taken by a person driving, operating, deleted text begin ordeleted text end in physical control ofnew text begin , or
supervising a permit holder operating
new text end a motor vehicle, did the test results indicate at
the time of testing:

(i) an alcohol concentration of 0.08 or more; or

(ii) the presence of a controlled substance listed in Schedule I or II or its metabolite,
other than marijuana or tetrahydrocannabinols?

(9) If a test was taken by a person driving, operating, or in physical control of a
commercial motor vehicle, did the test results indicate an alcohol concentration of 0.04 or
more at the time of testing?

(10) Was the testing method used valid and reliable and were the test results
accurately evaluated?

(c) It is an affirmative defense for the petitioner to prove that, at the time of the
refusal, the petitioner's refusal to permit the test was based upon reasonable grounds.

(d) Certified or otherwise authenticated copies of laboratory or medical personnel
reports, records, documents, licenses, and certificates are admissible as substantive
evidence.

(e) The court shall order that the revocation or disqualification be either rescinded or
sustained and forward the order to the commissioner. The court shall file its order within 14
days following the hearing. If the revocation or disqualification is sustained, the court shall
also forward the person's driver's license or permit to the commissioner for further action by
the commissioner if the license or permit is not already in the commissioner's possession.

(f) Any party aggrieved by the decision of the reviewing court may appeal the
decision as provided in the Rules of Appellate Procedure.

(g) The civil hearing under this section shall not give rise to an estoppel on any
issues arising from the same set of circumstances in any criminal prosecution.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to
offenses committed on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2014, section 169A.60, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) As used in this section, the following terms have the
meanings given in this subdivision.

(b) "Family or household member" has the meaning given in section 169A.63,
subdivision 1
.

(c) "Motor vehicle" means a self-propelled motor vehicle other than a motorboat in
operation or an off-road recreational vehicle.

(d) "Plate impoundment violation" includes:

(1) a violation of section 169A.20 (driving while impaired) or 169A.52 (license
revocation for test failure or refusal), or an ordinance from this state or a statute or
ordinance from another state in conformity with either of those sections, that results in
the revocation of a person's driver's license or driving privileges, within ten years of a
qualified prior impaired driving incident;

(2) a license disqualification under section 171.165 (commercial driver's license
disqualification) resulting from a violation of section 169A.52 within ten years of a
qualified prior impaired driving incident;

(3) a violation of section 169A.20 or 169A.52 while having an alcohol concentration
of twice the legal limit or more as measured at the time, or within two hours of the time,
of the offense;

(4) a violation of section 169A.20 or 169A.52 while having a child under the age of
16 in the vehicle if the child is more than 36 months younger than the offender; or

(5) a violation of section 171.24 (driving without valid license) by a person whose
driver's license or driving privileges have been canceled or denied under section 171.04,
subdivision 1
, clause (10) (persons not eligible for driver's license, inimical to public
safety).

(e) "Violator" means a person who was driving, operating, deleted text begin ordeleted text end in physical control ofnew text begin ,
or supervising a permit holder operating
new text end the motor vehicle when the plate impoundment
violation occurred.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to
offenses committed on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2014, section 171.05, subdivision 1, is amended to read:


Subdivision 1.

Person 18 or more years of age.

(a) Any person who is 18 or more
years of age and who, except for a lack of instruction in operating a motor vehicle, would
otherwise be qualified to obtain a class D driver's license under this chapter, may apply for
an instruction permit and the department shall issue the permit. The instruction permit
entitles the applicant to drive a motor vehicle for which a class D license is valid upon the
highways for a period of two years if the permit holder:

(1) has the permit in immediate possession; and

(2) is driving the vehicle while deleted text begin accompanieddeleted text end new text begin supervisednew text end by an adult licensed driver
who is actually occupying a seat beside the driver.

(b) Any license of a lower class may be used as an instruction permit to operate a
vehicle requiring a higher class license for a period of six months after passage of the
written test or tests required for the higher class and when the licensee is accompanied by
and receiving instruction from a holder of the appropriate higher class license. A copy of
the record of examination taken for the higher class license must be carried by the driver
while using the lower class license as an instruction permit.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015.
new text end