HF 845

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; driving while impaired; providing 
  1.3             felony penalties for certain repeat violations of the 
  1.4             DWI law; amending Minnesota Statutes 1996, sections 
  1.5             169.121, subdivisions 3 and 3a; and 169.129. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 169.121, 
  1.8   subdivision 3, is amended to read: 
  1.9      Subd. 3.  [CRIMINAL PENALTIES.] (a) As used in this 
  1.10  subdivision:  
  1.11     (1) "Prior impaired driving conviction" means a prior 
  1.12  conviction under: 
  1.13     (i) this section; or section 84.91, subdivision 1, 
  1.14  paragraph (a); 86B.331, subdivision 1, paragraph (a); 169.1211; 
  1.15  169.129; or 360.0752; 
  1.16     (ii) section 609.21, subdivision 1, clauses (2) to 
  1.17  (6); 609.21, subdivision 2, clauses (2) to (6); 609.21, 
  1.18  subdivision 2a, clauses (2) to (6); 609.21, subdivision 2b, 
  1.19  clauses (2) to (6); 609.21, subdivision 3, clauses (2) to 
  1.20  (6); 609.21, or subdivision 4, clauses (2) to (6); or 
  1.21     (iii) an ordinance from this state, or a statute or 
  1.22  ordinance from another state, in conformity with any of them 
  1.23  provision listed in item (i) or (ii).  
  1.24  A prior impaired driving conviction also includes a prior 
  1.25  juvenile adjudication that would have been a prior impaired 
  2.1   driving conviction if committed by an adult; and. 
  2.2      (2) "Prior license revocation" means a driver's license 
  2.3   suspension, revocation, or cancellation, denial, or 
  2.4   disqualification under: 
  2.5      (i) this section; or section 169.1211, 169.123;, 171.04 
  2.6   ;, 171.14;, 171.16;, 171.165, 171.17;, or 171.18 because 
  2.7   of an alcohol-related incident; 
  2.8      (ii) section 609.21, subdivision 1, clauses (2) to (6); 
  2.9   609.21, subdivision 2, clauses (2) to (6); 609.21, subdivision 
  2.10  2a, clauses (2) to (6); 609.21, subdivision 2b, clauses (2) to 
  2.11  (6); 609.21, subdivision 3, clauses (2) to (6); or 609.21, 
  2.12  subdivision 4, clauses (2) to (6); or 
  2.13     (iii) an ordinance from this state, or a statute or 
  2.14  ordinance from another state, in conformity with any of them 
  2.15  provision listed in item (i) or (ii). 
  2.16     (b) A person who violates subdivision 1 or 1a, or an 
  2.17  ordinance in conformity with either of them, is guilty of a 
  2.18  misdemeanor. 
  2.19     (c) A person is guilty of a gross misdemeanor under any of 
  2.20  the following circumstances: 
  2.21     (1) the person violates subdivision 1 within five years of 
  2.22  a prior impaired driving conviction, or within ten years of the 
  2.23  first of two or more prior impaired driving convictions; 
  2.24     (2) the person violates subdivision 1a within five years of 
  2.25  a prior license revocation, or within ten years of the first of 
  2.26  two or more prior license revocations; 
  2.27     (3) the person violates section 169.26 while in violation 
  2.28  of subdivision 1; or 
  2.29     (4) the person violates subdivision 1 or 1a while a child 
  2.30  under the age of 16 is in the vehicle, if the child is more than 
  2.31  36 months younger than the violator. 
  2.32     (d) A person is guilty of a felony and must be sentenced to 
  2.33  imprisonment for not less than one year nor more than three 
  2.34  years and to payment of a fine of not less than $1,500 nor more 
  2.35  than $10,000, if the person violates subdivision 1 or 1a, or an 
  2.36  ordinance in conformity with either of them, within 20 years of 
  3.1   the first of six or more prior impaired driving convictions or 
  3.2   the first of six or more prior license revocations. 
  3.3      (e) The attorney in the jurisdiction in which the violation 
  3.4   occurred who is responsible for prosecution of misdemeanor 
  3.5   violations of this section shall also be responsible for 
  3.6   prosecution of gross misdemeanor violations of this section. 
  3.7      (e) (f) The court must impose consecutive sentences when it 
  3.8   sentences a person for a violation of this section or section 
  3.9   169.129 arising out of separate behavioral incidents.  The court 
  3.10  also must impose a consecutive sentence when it sentences a 
  3.11  person for a violation of this section or section 169.129 and 
  3.12  the person, at the time of sentencing, is on probation for, or 
  3.13  serving, an executed sentence for a violation of this section or 
  3.14  section 169.129 and the prior sentence involved a separate 
  3.15  behavioral incident.  The court also may order that the sentence 
  3.16  imposed for a violation of this section or section 169.129 shall 
  3.17  run consecutively to a previously imposed misdemeanor, gross 
  3.18  misdemeanor or felony sentence for a violation other than this 
  3.19  section or section 169.129. 
  3.20     (f) (g) The court may impose consecutive sentences for 
  3.21  offenses arising out of a single course of conduct as permitted 
  3.22  in section 609.035, subdivision 2.  
  3.23     (g) (h) When an attorney responsible for prosecuting gross 
  3.24  misdemeanors or felonies under this section requests criminal 
  3.25  history information relating to prior impaired driving 
  3.26  convictions from a court, the court must furnish the information 
  3.27  without charge. 
  3.28     (h) (i) A violation of subdivision 1a may be prosecuted 
  3.29  either in the jurisdiction where the arresting officer observed 
  3.30  the defendant driving, operating, or in control of the motor 
  3.31  vehicle or in the jurisdiction where the refusal occurred. 
  3.32     Sec. 2.  Minnesota Statutes 1996, section 169.121, 
  3.33  subdivision 3a, is amended to read: 
  3.34     Subd. 3a.  [HABITUAL OFFENDER PENALTIES.] (a) Except as 
  3.35  otherwise provided in paragraph (b), if a person has been 
  3.36  convicted under this section, section 169.129, an ordinance in 
  4.1   conformity with either of them, or a statute or ordinance from 
  4.2   another state in conformity with either of them, and if the 
  4.3   person is then convicted of a gross misdemeanor violation of 
  4.4   this section, a violation of section 169.129, or an ordinance in 
  4.5   conformity with either of them (1) once within five years after 
  4.6   the first conviction or (2) two or more times within ten years 
  4.7   after the first conviction, the person must be sentenced to a 
  4.8   minimum of 30 days imprisonment, at least 48 hours of which must 
  4.9   be served consecutively, or to eight hours of community work 
  4.10  service for each day less than 30 days that the person is 
  4.11  ordered to serve in jail.  Provided, that if a person is 
  4.12  convicted of violating this section, section 169.129, or an 
  4.13  ordinance in conformity with either of them two or more times 
  4.14  within five years after the first conviction, or within five 
  4.15  years after the first of two or more license revocations, as 
  4.16  defined in subdivision 3, paragraph (a), clause (2), the person 
  4.17  must be sentenced to a minimum of 30 days imprisonment, at least 
  4.18  48 hours of which must be served consecutively, and the sentence 
  4.19  may not be waived under paragraph (c) or (d).  Notwithstanding 
  4.20  section 609.135, the above sentence must be executed, unless the 
  4.21  court departs from the mandatory minimum sentence under 
  4.22  paragraph (c) or (d). 
  4.23     (b) A person must be sentenced to a minimum of one year of 
  4.24  incarceration, at least 48 hours of which must be served 
  4.25  consecutively, or of intensive probation using an electronic 
  4.26  alcohol monitoring system, or a combination thereof, if the 
  4.27  person is convicted of violating this section, section 169.129, 
  4.28  or an ordinance in conformity with either of them:  (1) within 
  4.29  ten years of the first of five, or within 15 years of the first 
  4.30  of seven, prior license revocations, as defined in subdivision 
  4.31  3, paragraph (a), clause (2), or (2) within ten years of the 
  4.32  first of five, or within 15 years of the first of seven, prior 
  4.33  convictions under this section, section 169.129, or an ordinance 
  4.34  in conformity with either of them. 
  4.35     (c) Prior to sentencing the prosecutor may file a motion to 
  4.36  have the defendant sentenced without regard to the mandatory 
  5.1   minimum sentence established by this subdivision.  The motion 
  5.2   must be accompanied by a statement on the record of the reasons 
  5.3   for it.  When presented with the prosecutor's motion and if it 
  5.4   finds that substantial mitigating factors exist, the court shall 
  5.5   sentence the defendant without regard to the mandatory minimum 
  5.6   sentence established by this subdivision. 
  5.7      (d) The court may, on its own motion, sentence the 
  5.8   defendant without regard to the mandatory minimum sentence 
  5.9   established by this subdivision if it finds that substantial 
  5.10  mitigating factors exist and if its sentencing departure is 
  5.11  accompanied by a statement on the record of the reasons for it. 
  5.12     (e) The court may sentence the defendant without regard to 
  5.13  the mandatory minimum sentence established by this subdivision 
  5.14  if the defendant is sentenced to probation and ordered to 
  5.15  participate in a program established under section 169.1265. 
  5.16     (f) When any portion of the sentence required by this 
  5.17  subdivision is not executed, the court should impose a sentence 
  5.18  that is proportional to the extent of the offender's prior 
  5.19  criminal and moving traffic violation record.  Any sentence 
  5.20  required under this subdivision must include a mandatory 
  5.21  sentence that is not subject to suspension or a stay of 
  5.22  imposition or execution, and that includes incarceration for not 
  5.23  less than 48 consecutive hours or at least 80 hours of community 
  5.24  work service. 
  5.25     Sec. 3.  Minnesota Statutes 1996, section 169.129, is 
  5.26  amended to read: 
  5.27     169.129 [AGGRAVATED VIOLATIONS; PENALTY.] 
  5.28     Subdivision 1.  [CRIME.] It is a crime for any person is 
  5.29  guilty of a gross misdemeanor who drives, operates, or is to 
  5.30  drive, operate, or be in physical control of a motor vehicle, 
  5.31  the operation of which requires a driver's license, within this 
  5.32  state or upon the ice of any boundary water of this state in 
  5.33  violation of section 169.121 or an ordinance in conformity with 
  5.34  it before the person's driver's license or driver's driving 
  5.35  privilege has been reinstated following its cancellation, 
  5.36  suspension, revocation, disqualification, or denial under any of 
  6.1   the following:  
  6.2      (1) section 169.121, 169.1211, or 169.123; 
  6.3      (2) section 171.04, 171.14, 171.16, 171.17, or 171.18 
  6.4   because of an alcohol-related incident; or 
  6.5      (3) section 609.21, subdivision 1, clauses (2) to (6); 
  6.6   609.21, subdivision 2, clauses (2) to (6); 609.21, subdivision 
  6.7   2a, clauses (2) to (6); 609.21, subdivision 2b, clauses (2) to 
  6.8   (6); 609.21, subdivision 3, clauses (2) to (6); or 609.21, 
  6.9   subdivision 4, clauses (2) to (6).  
  6.10     Subd. 2.  [PENALTIES.] (a) Except as otherwise provided in 
  6.11  paragraph (b), a person who violates subdivision 1 is guilty of 
  6.12  a gross misdemeanor. 
  6.13     (b) A person is guilty of a felony and must be sentenced to 
  6.14  imprisonment for not less than one year nor more than three 
  6.15  years and to payment of a fine of not less than $1,500 nor more 
  6.16  than $10,000, if the person violates subdivision 1 and the 
  6.17  person's driver's license or driving privilege has been 
  6.18  suspended, revoked, canceled, denied, or disqualified six or 
  6.19  more times under any of the statutes listed in subdivision 1. 
  6.20     Subd. 3.  [PROSECUTION.] The attorney in the jurisdiction 
  6.21  in which the violation of this section occurred who is 
  6.22  responsible for prosecution of misdemeanor violations of section 
  6.23  169.121 shall also be responsible for prosecution of gross 
  6.24  misdemeanor violations of this section. 
  6.25     Sec. 4.  [EFFECTIVE DATE.] 
  6.26     Sections 1 to 3 are effective August 1, 1997, and apply to 
  6.27  crimes committed on or after that date.