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Minnesota Legislature

Office of the Revisor of Statutes

HF 690

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

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

Bill Text Versions

Engrossments
Introduction Posted on 02/07/2007

Current Version - as introduced

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A bill for an act
relating to public safety; authorizing phlebotomists to take blood samples from
DWI offenders under certain circumstances and providing legal immunity for
so doing; adding references to controlled substance metabolites in the criminal
vehicular operation law; making numerous technical changes to the criminal
vehicular operation law to simplify it; providing for notice to an accused of
the contents of certain reports and clarifying the repercussions of the accused's
not requesting the preparer of the report to testify at trial; amending Minnesota
Statutes 2006, sections 169A.51, subdivision 7; 609.21, subdivisions 1, 4a, by
adding subdivisions; 634.15, subdivisions 1, 2; repealing Minnesota Statutes
2006, section 609.21, subdivisions 2, 2a, 2b, 3, 4.

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

Section 1.

Minnesota Statutes 2006, section 169A.51, subdivision 7, is amended to
read:


Subd. 7.

Requirements for conducting tests; liability.

(a) Only a physician,
medical technician, emergency medical technician-paramedic, registered nurse, medical
technologist, medical laboratory technician, new text beginphlebotomist, new text endor laboratory assistant acting
at the request of a peace officer may withdraw blood for the purpose of determining the
presence of alcohol, a controlled substance or its metabolite, or a hazardous substance.
This limitation does not apply to the taking of a breath or urine sample.

(b) The person tested has the right to have someone of the person's own choosing
administer a chemical test or tests in addition to any administered at the direction of a
peace officer; provided, that the additional test sample on behalf of the person is obtained
at the place where the person is in custody, after the test administered at the direction of a
peace officer, and at no expense to the state. The failure or inability to obtain an additional
test or tests by a person does not preclude the admission in evidence of the test taken at
the direction of a peace officer unless the additional test was prevented or denied by the
peace officer.

(c) The physician, medical technician, emergency medical technician-paramedic,
medical technologist, medical laboratory technician, laboratory assistant, new text beginphlebotomist,
new text endor registered nurse drawing blood at the request of a peace officer for the purpose of
determining the concentration of alcohol, a controlled substance or its metabolite, or a
hazardous substance is in no manner liable in any civil or criminal action except for
negligence in drawing the blood. The person administering a breath test must be fully
trained in the administration of breath tests pursuant to training given by the commissioner
of public safety.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to crimes committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2006, section 609.21, subdivision 1, is amended to read:


Subdivision 1.

Criminal vehicular deleted text beginhomicidedeleted text endnew text begin operation; crime describednew text end.

A
person is guilty of criminal vehicular deleted text beginhomicide resulting in death and may be sentenced to
imprisonment for not more than ten years or to payment of a fine of not more than $20,000,
or both
deleted text endnew text begin operation and may be sentenced as provided in subdivision 1anew text end, if the person causes
new text begin injury to or new text endthe death of deleted text begina human being not constituting murder or manslaughterdeleted text end new text beginanother
new text endas a result of operating a motor vehicle:

(1) in a grossly negligent manner;

(2) in a negligent manner while under the influence of:

(i) alcohol;

(ii) a controlled substance; or

(iii) any combination of those elements;

(3) while having an alcohol concentration of 0.08 or more;

(4) while having an alcohol concentration of 0.08 or more, as measured within
two hours of the time of driving;

(5) in a negligent manner while knowingly under the influence of a hazardous
substance;

(6) in a negligent manner while any amount of a controlled substance listed in
schedule I or II, new text beginor its metabolite, new text endother than marijuana or tetrahydrocannabinols, is
present in the person's body; or

(7) where the driver who causes the accident leaves the scene of the accident in
violation of section 169.09, subdivision 1 or 6.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2006, section 609.21, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Criminal penalties. new text end

new text begin (a) A person who violates subdivision 1 and causes
the death of a human being not constituting murder or manslaughter or the death of an
unborn child may be sentenced to imprisonment for not more than ten years or to payment
of a fine of not more than $20,000, or both.
new text end

new text begin (b) A person who violates subdivision 1 and causes great bodily harm to another not
constituting attempted murder or assault or great bodily harm to an unborn child who is
subsequently born alive may be sentenced to imprisonment for not more than five years or
to payment of a fine of not more than $10,000, or both.
new text end

new text begin (c) A person who violates subdivision 1 and causes substantial bodily harm to
another may be sentenced to imprisonment for not more than three years or to payment of
a fine of not more than $10,000, or both.
new text end

new text begin (d) A person who violates subdivision 1 and causes bodily harm to another may be
sentenced to imprisonment for not more than one year or to payment of a fine of not
more than $3,000, or both.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2006, section 609.21, is amended by adding a subdivision
to read:


new text begin Subd. 1b. new text end

new text begin Conviction not bar to punishment for other crimes. new text end

new text begin A prosecution
for or a conviction of a crime under this section relating to causing death or injury to an
unborn child is not a bar to conviction of or punishment for any other crime committed by
the defendant as part of the same conduct.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2006, section 609.21, subdivision 4a, is amended to read:


Subd. 4a.

Affirmative defense.

It shall be an affirmative defense to a charge under
subdivision 1, clause (6)deleted text begin; 2, clause (6); 2a, clause (6); 2b, clause (6); 3, clause (6); or 4,
clause (6)
deleted text end, that the defendant used the controlled substance according to the terms of a
prescription issued for the defendant in accordance with sections 152.11 and 152.12.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2006, section 634.15, subdivision 1, is amended to read:


Subdivision 1.

Certificates of analysis; blood sample reports; chain of custody.

new text begin (a) new text endIn any hearing or trial of a criminal offense or petty misdemeanor or proceeding
pursuant to section 169A.53, subdivision 3, the following documents shall be admissible
in evidence:

deleted text begin (a)deleted text endnew text begin (1)new text end a report of the facts and results of any laboratory analysis or examination if it
is prepared and attested by the person performing the laboratory analysis or examination
in any laboratory operated by the Bureau of Criminal Apprehension or authorized by the
bureau to conduct an analysis or examination, or in any laboratory of the Federal Bureau
of Investigation, the federal Postal Inspection Service, the federal Bureau of Alcohol,
Tobacco and Firearms, or the federal Drug Enforcement Administration;

deleted text begin (b)deleted text endnew text begin (2)new text end a report of a blood sample withdrawn under the implied consent law if:

(i) The report was prepared by the person who administered the test;

(ii) The person who withdrew the blood sample was competent to administer the test
under section 169A.51, subdivision 7; and

(iii) The report was prepared consistent with any applicable rules promulgated
by the commissioner of public safety; and

deleted text begin (c)deleted text endnew text begin (3)new text end a verified chain of custody of a specimen while under the control of a
laboratory described in clause deleted text begin(a)deleted text end new text begin(1)new text end.

new text begin (b) new text endA report described in new text beginparagraph (a), new text endclause deleted text begin(a)deleted text end new text begin(1), new text endpurported to be signed by the
person performing the analysis or examination in a laboratory named in that clause, or a
blood sample report described in new text beginparagraph (a), new text endclause deleted text begin(b)deleted text endnew text begin (2),new text end purported to be signed by
the person who withdrew the blood sample shall be admissible as evidence without proof
of the seal, signature or official character of the person whose name is signed to it. The
signature in new text beginparagraph (a), new text endclause deleted text begin(a)deleted text endnew text begin (1)new text end or deleted text begin(b)deleted text endnew text begin (2),new text end can be written or in electronic format.

new text begin (c) At least 20 days before trial, the prosecutor shall submit to the accused person or
the accused person's attorney notice of the contents of a report described in paragraph (a)
and of the requirements of subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

Minnesota Statutes 2006, section 634.15, subdivision 2, is amended to read:


Subd. 2.

Testimony at trial.

new text begin(a) new text endExcept in civil proceedings, including proceedings
under section 169A.53, an accused person or the accused person's attorney may request,
by notifying the prosecuting attorney at least ten days before the trial, that the following
persons testify in person at the trial on behalf of the state:

deleted text begin (a)deleted text endnew text begin (1)new text end a person who performed the laboratory analysis or examination for the report
described in subdivision 1, new text beginparagraph (a), new text endclause deleted text begin(a)deleted text endnew text begin (1)new text end; or

deleted text begin (b)deleted text endnew text begin (2)new text end a person who prepared the blood sample report described in subdivision
1, new text beginparagraph (a), new text endclause deleted text begin(b)deleted text endnew text begin (2)new text end.

If a petitioner in a proceeding under section 169A.53 subpoenas a person described
in deleted text beginparagraph (a)deleted text endnew text begin clause (1)new text end or deleted text begin(b)deleted text endnew text begin (2),new text end to testify at the proceeding, the petitioner is not
required to pay the person witness fees under section 357.22 in excess of $100.

new text begin (b) If the accused person or the accused person's attorney does not comply with
the ten-day requirement described in paragraph (a), the prosecutor is not required to
produce the person who performed the analysis or examination or prepared the report.
In this case, the accused person's right to confront that witness is waived and the report
shall be admitted into evidence.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 8. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin (a) In Minnesota Statutes, sections 171.3215, subdivision 2a; and 609.135,
subdivision 2, the revisor of statutes shall change the references in column A to the
references in column B.
new text end

new text begin Column A
new text end
new text begin Column B
new text end
new text begin 609.21, subdivision 1
new text end
new text begin 609.21, subdivision 1a, paragraph (a)
new text end
new text begin 609.21, subdivision 2
new text end
new text begin 609.21, subdivision 1a, paragraph (b)
new text end
new text begin 609.21, subdivision 2a
new text end
new text begin 609.21, subdivision 1a, paragraph (c)
new text end
new text begin 609.21, subdivision 2b
new text end
new text begin 609.21, subdivision 1a, paragraph (d)
new text end
new text begin 609.21, subdivision 4
new text end
new text begin 609.21, subdivision 1a, paragraph (b)
new text end

new text begin (b) In Minnesota Statutes, section 609.035, subdivision 1, the revisor of statutes shall
replace the reference to Minnesota Statutes, section 609.21, subdivisions 3 and 4, with a
reference to Minnesota Statutes, section 609.21, subdivision 1b.
new text end

new text begin (c) In Minnesota Statutes, section 609.266, the revisor of statutes shall replace the
reference to Minnesota Statutes, section 609.21, subdivisions 3 and 4, with a reference to
Minnesota Statutes, section 609.21, subdivision 1a, paragraphs (a) and (b).
new text end

new text begin (d) In Minnesota Statutes, section 169A.03, subdivisions 20 and 21, and Minnesota
Statutes, section 169A.24, subdivision 1, the revisor of statutes shall strike the references
to Minnesota Statutes, section 609.21, subdivision 2, clauses (2) to (6); subdivision 2a,
clauses (2) to (6); subdivision 2b, clauses (2) to (6); subdivision 3, clauses (2) to (6); and
subdivision 4, clauses (2) to (6).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007.
new text end

Sec. 9. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 609.21, subdivisions 2, 2a, 2b, 3, and 4, new text end new text begin are
repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end