HF 918

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; mandating 
  1.3             the use of electronic alcohol monitoring both during 
  1.4             pretrial release and following conviction for certain 
  1.5             DWI violations; amending Minnesota Statutes 1996, 
  1.6             section 169.121, subdivision 1c, and by adding a 
  1.7             subdivision. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 169.121, 
  1.10  subdivision 1c, is amended to read: 
  1.11     Subd. 1c.  [CONDITIONAL RELEASE.] (a) Unless maximum bail 
  1.12  is imposed under section 629.471, subdivision 2, a person 
  1.13  charged with a crime listed in this paragraph may be released 
  1.14  from detention only if the person agrees to abstain from alcohol 
  1.15  and submit to a program of electronic alcohol monitoring 
  1.16  involving at least daily measurements of the person's alcohol 
  1.17  concentration pending resolution of the charge.  This paragraph 
  1.18  applies to a person charged with: 
  1.19     (1) a violation of subdivision 1 or 1a: 
  1.20     (i) within five years of a prior impaired driving 
  1.21  conviction or a prior license revocation; or 
  1.22     (ii) within ten years of two or more prior impaired driving 
  1.23  convictions, two or more prior license revocations, or a prior 
  1.24  impaired driving conviction and a prior license revocation, 
  1.25  based on separate incidents; 
  1.26     (2) a violation of subdivision 1 or 1a, if the person is 
  2.1   under the age of 21 years; 
  2.2      (3) a violation of subdivision 1 or 1a, while the person's 
  2.3   driver's license or driving privileges have been canceled under 
  2.4   section 171.04, subdivision 1, clause (9); or 
  2.5      (4) a violation of section 169.29. 
  2.6      If the defendant is convicted of the charged offense, the 
  2.7   court may require partial or total reimbursement from the person 
  2.8   for the cost of the electronic alcohol monitoring. 
  2.9      (b) Unless maximum bail is imposed under section 629.471, 
  2.10  subdivision 2, a person charged with violating subdivision 1 or 
  2.11  1a: 
  2.12     (1) within ten years of the first of three prior impaired 
  2.13  driving convictions, three prior license revocations, or any 
  2.14  combination of three prior impaired driving convictions and 
  2.15  prior license revocations, based on separate incidents; or 
  2.16     (2) within the person's lifetime after four or more prior 
  2.17  impaired driving convictions, four or more prior license 
  2.18  revocations, or any combination of four or more prior impaired 
  2.19  driving convictions and prior license revocations, based on 
  2.20  separate incidents; 
  2.21  may be released from detention only according to paragraph (c). 
  2.22     (c) Unless maximum bail is imposed under section 629.471, 
  2.23  subdivision 2, a person charged with a violation described in 
  2.24  paragraph (b) may be released from detention only if the 
  2.25  following conditions are imposed in addition to the condition 
  2.26  imposed in paragraph (a), if applicable, and any other 
  2.27  conditions of release ordered by the court: 
  2.28     (1) the impoundment of the registration plates of the 
  2.29  vehicle used to commit the violation, unless already impounded; 
  2.30     (2) a requirement that the alleged violator report weekly 
  2.31  to a probation agent; 
  2.32     (3) a requirement that the alleged violator abstain from 
  2.33  consumption of alcohol and controlled substances and submit to 
  2.34  random, weekly alcohol tests or urine analyses at least weekly; 
  2.35  and 
  2.36     (4) a requirement that, if convicted, the alleged violator 
  3.1   reimburse the court or county for the total cost of these 
  3.2   services. 
  3.3      (d) For purposes of this subdivision, "prior impaired 
  3.4   driving conviction" and "prior license revocation" have the 
  3.5   meanings given them in subdivision 3. 
  3.6      Sec. 2.  Minnesota Statutes 1996, section 169.121, is 
  3.7   amended by adding a subdivision to read: 
  3.8      Subd. 3d.  [LONG-TERM MONITORING.] (a) This subdivision 
  3.9   applies to a person convicted of: 
  3.10     (1) a violation of subdivision 1 or 1a: 
  3.11     (i) within five years of a prior impaired driving 
  3.12  conviction or a prior license revocation; or 
  3.13     (ii) within ten years of two or more prior impaired driving 
  3.14  convictions, two or more prior license revocations, or a prior 
  3.15  impaired driving conviction and a prior license revocation, 
  3.16  based on separate incidents; 
  3.17     (2) a violation of subdivision 1 or 1a, if the person is 
  3.18  under the age of 21 years; 
  3.19     (3) a violation of subdivision 1 or 1a, while the person's 
  3.20  driver's license or driving privileges have been canceled under 
  3.21  section 171.04, subdivision 1, clause (9); or 
  3.22     (4) a violation of section 169.29. 
  3.23     (b) When the court sentences a person described in 
  3.24  paragraph (a) to a stayed sentence, the court shall require that 
  3.25  the person participate in a program of electronic alcohol 
  3.26  monitoring in addition to any other conditions of probation or 
  3.27  jail time it imposes.  During the first third of the person's 
  3.28  probationary term, the electronic alcohol monitoring must be 
  3.29  continuous and involve measurements of the person's alcohol at 
  3.30  least twice daily.  During the remainder of the person's 
  3.31  probationary term, the electronic alcohol monitoring may be 
  3.32  intermittent, as determined by the court.  The court may require 
  3.33  partial or total reimbursement from the person for the cost of 
  3.34  the electronic alcohol monitoring. 
  3.35     (c) For purposes of this subdivision, "prior impaired 
  3.36  driving conviction" and "prior license revocation" have the 
  4.1   meanings given them in subdivision 3. 
  4.2      Sec. 3.  [EFFECTIVE DATE.] 
  4.3      Sections 1 and 2 are effective August 1, 1997, and apply to 
  4.4   violations committed on or after that date.  However, violations 
  4.5   committed before August 1, 1997, and listed in Minnesota 
  4.6   Statutes, section 169.121, subdivision 3, paragraph (a), are 
  4.7   considered prior impaired driving convictions or prior license 
  4.8   revocations for purposes of determining conditional release or 
  4.9   long-term monitoring of a person convicted of a violation 
  4.10  committed after August 1, 1997.