1st Engrossment - 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; reducing 1.3 the legal limit for alcohol concentration from 0.10 to 1.4 0.08 for adults and to 0.04 for youth for operating 1.5 any kind of vehicle; creating a zero-tolerance 1.6 standard for school bus drivers; advancing criminal 1.7 penalties and administrative sanctions for committing 1.8 a DWI crime while having an alcohol concentration of 1.9 0.20 or more; expanding DWI laws to include 1.10 snowmobiles, all-terrain vehicles, and motorboats and 1.11 repealing the separate DWI laws relating to those 1.12 recreational vehicles; creating an enhanced gross 1.13 misdemeanor-level DWI crime and restructuring criminal 1.14 penalties for DWI, including the provision of 1.15 mandatory minimum periods of incarceration and home 1.16 detention for repeat DWI offenders; mandating pretrial 1.17 and posttrial electronic alcohol monitoring for 1.18 certain offenders; advancing license plate impoundment 1.19 and motor vehicle forfeiture by one offense; providing 1.20 an administrative process for forfeiture and 1.21 permitting it to be based on license revocation; 1.22 authorizing the use of preliminary breath tests 1.23 results for prosecuting certain driving offenses; 1.24 making technical changes; providing enhanced criminal 1.25 penalties and civil sanctions; amending Minnesota 1.26 Statutes 1996, sections 84.83, subdivision 5; 84.91, 1.27 subdivision 1; 84.911, subdivision 7; 84.927, 1.28 subdivision 1; 86B.331, subdivision 1; 86B.705, 1.29 subdivision 2; 97A.065, subdivision 2; 97B.065, 1.30 subdivision 1; 97B.066, subdivisions 1, 5, and by 1.31 adding subdivisions; 168.042, subdivisions 1, 2, 4, 9, 1.32 11, and by adding a subdivision; 169.01, by adding 1.33 subdivisions; 169.121, subdivisions 1, 1c, 2, 3, 3b, 1.34 3c, 4, 6, 11, and by adding subdivisions; 169.1211, 1.35 subdivision 1, and by adding a subdivision; 169.1217; 1.36 169.1218; 169.123, subdivisions 1, 2, 3, 4, 5a, 5c, 1.37 and 6; 169.126, subdivision 1; 169.1261; 169.129; 1.38 171.07, by adding a subdivision; 171.12, by adding a 1.39 subdivision; 171.19; 171.20, subdivision 4; 171.30, by 1.40 adding a subdivision; 192A.555; 357.021, subdivision 1.41 1a; 364.09; 609.02, subdivision 2, and by adding a 1.42 subdivision; 609.105; 609.135, subdivision 2; 609.15, 1.43 subdivision 2; 609.21, subdivisions 1, 2, 2a, 2b, 3, 1.44 and 4; 609.487, by adding a subdivision; and 634.15, 1.45 subdivision 2; repealing Minnesota Statutes 1996, 1.46 sections 84.873; 84.91, subdivisions 2, 3, 4, 5, 5a, 2.1 6, 7, and 8; 84.911, subdivisions 1, 2, 3, 4, 5, and 2.2 6; 84.912; 84.9254; 86B.331, subdivisions 2, 3, 4, 5, 2.3 5a, 6, 7, and 8; 86B.335, subdivisions 1, 2, 3, 4, 5, 2.4 6, 7, 8, 9, 10, 11, and 12; 86B.337; 97B.066, 2.5 subdivision 6; and 169.121, subdivision 3a. 2.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.7 Section 1. Minnesota Statutes 1996, section 84.83, 2.8 subdivision 5, is amended to read: 2.9 Subd. 5. [FINES AND FORFEITED BAIL.] The disposition of 2.10 fines and forfeited bail collected from prosecutions of 2.11 violations of sections 84.81 to 84.91, and violations of section 2.12 169.121 that involve off-road recreational vehicles, as defined 2.13 in section 169.01, subdivision 84, are governed by section 2.14 97A.065. 2.15 Sec. 2. Minnesota Statutes 1996, section 84.91, 2.16 subdivision 1, is amended to read: 2.17 Subdivision 1. [ACTS PROHIBITED.] (a)No person shall2.18operate or be in physical control of any snowmobile or2.19all-terrain vehicle anywhere in this state or on the ice of any2.20boundary water of this state:2.21(1) when the person is under the influence of alcohol;2.22(2) when the person is under the influence of a controlled2.23substance, as defined in section 152.01, subdivision 4;2.24(3) when the person is under the influence of a combination2.25of any two or more of the elements named in clauses (1), (2),2.26and (6);2.27(4) when the person's alcohol concentration is 0.10 or2.28more;2.29(5) when the person's alcohol concentration as measured2.30within two hours of the time of operating is 0.10 or more; or2.31(6) when the person is knowingly under the influence of any2.32chemical compound or combination of chemical compounds that is2.33listed as a hazardous substance in rules adopted under section2.34182.655 and that affects the nervous system, brain, or muscles2.35of the person so as to substantially impair the person's ability2.36to operate the snowmobile or all-terrain vehicle.2.37(b)No owner or other person having charge or control of 2.38 any snowmobile or all-terrain vehicle shall authorize or permit 3.1 any individual the person knows or has reason to believe is 3.2 under the influence of alcohol or a controlled substance or 3.3 other substance, as provided under paragraph (a),to operate the 3.4 snowmobile or all-terrain vehicle anywhere in this state or on 3.5 the ice of any boundary water of this state. 3.6(c)(b) No owner or other person having charge or control 3.7 of any snowmobile or all-terrain vehicle shall knowingly 3.8 authorize or permit any person, who by reason of any physical or 3.9 mental disability is incapable of operating the vehicle, to 3.10 operate the snowmobile or all-terrain vehicle anywhere in this 3.11 state or on the ice of any boundary water of this state. 3.12 (c) A person who operates or is in physical control of a 3.13 snowmobile or all-terrain vehicle anywhere in this state or on 3.14 the ice of any boundary water of this state while under the 3.15 influence of alcohol, a controlled substance, or a hazardous 3.16 substance, is subject to the provisions of chapter 169 relating 3.17 to driving while impaired. In addition to the driver's license 3.18 sanctions imposed under chapter 169, a person who is convicted 3.19 of violating section 169.121 while operating a snowmobile or 3.20 all-terrain vehicle, or who refuses to comply with a lawful 3.21 request to submit to testing under section 169.123, shall be 3.22 prohibited from operating the snowmobile or all-terrain vehicle 3.23 for a period of one year. The commissioner shall notify the 3.24 convicted person of the period during which the person is 3.25 prohibited from operating a snowmobile or all-terrain vehicle. 3.26 The court shall promptly forward to the commissioner and the 3.27 department of public safety copies of all convictions and 3.28 criminal and civil sanctions imposed under this section and 3.29 chapter 169 relating to snowmobiles and all-terrain vehicles. 3.30 (d) A person who violates paragraph (a) or (b), or an 3.31 ordinance in conformity with either of them, is guilty of a 3.32 misdemeanor. 3.33 Sec. 3. Minnesota Statutes 1996, section 84.911, 3.34 subdivision 7, is amended to read: 3.35 Subd. 7. [CORONER TO REPORT DEATH.] Every coroner or 3.36 medical examiner shall report in writing to the department of 4.1 natural resources the death of any person within the 4.2 jurisdiction of the coroner or medical examiner as the result of 4.3 an accident involvingaan off-road recreationalmotorvehicle, 4.4 as defined in section84.90, subdivision 1169.01, subdivision 4.5 84, and the circumstances of the accident. The report shall be 4.6 made within 15 days after the death. 4.7 In the case of drivers killed in off-road recreational 4.8motorvehicle accidents and of the death of passengers 14 years 4.9 of age or older, who die within four hours after accident, the 4.10 coroner or medical examiner shall examine the body and shall 4.11 make tests as are necessary to determine the presence and 4.12 percentage concentration of alcohol, and drugs if feasible, in 4.13 the blood of the victim. This information shall be included in 4.14 each report submitted pursuant to the provisions of this 4.15 subdivision and shall be tabulated by the department of natural 4.16 resources. Periodically, the commissioner of natural resources 4.17 must transmit a summary of the reports to the commissioner of 4.18 public safety. 4.19 Sec. 4. Minnesota Statutes 1996, section 84.927, 4.20 subdivision 1, is amended to read: 4.21 Subdivision 1. [REGISTRATION REVENUE.] Fees from the 4.22 registration of all-terrain vehicles and the unrefunded gasoline 4.23 tax attributable to all-terrain vehicle use under section 4.24 296.16, as well as the net proceeds from the sale of all-terrain 4.25 vehicles forfeited pursuant to section84.912169.1217, shall be 4.26 deposited in the state treasury and credited to the all-terrain 4.27 vehicle account in the natural resources fund. 4.28 Sec. 5. Minnesota Statutes 1996, section 86B.331, 4.29 subdivision 1, is amended to read: 4.30 Subdivision 1. [ACTS PROHIBITED.] (a)A person may not4.31operate or be in physical control of a motorboat in operation on4.32the waters of this state:4.33(1) when the person is under the influence of alcohol;4.34(2) when the person is under the influence of a controlled4.35substance, as defined in section 152.01, subdivision 4;4.36(3) when the person is under the influence of a combination5.1of any two or more of the elements named in clauses (1), (2),5.2and (6);5.3(4) when the person's alcohol concentration is 0.10 or5.4more;5.5(5) when the person's alcohol concentration as measured5.6within two hours of the time of operating is 0.10 or more; or5.7(6) when the person is knowingly under the influence of any5.8chemical compound or combination of chemical compounds that is5.9listed as a hazardous substance in rules adopted under section5.10182.655 and that affects the nervous system, brain, or muscles5.11of the person so as to substantially impair the person's ability5.12to operate the motorboat.5.13(b)An owner or other person having charge or control of a 5.14 motorboat may not authorize or allow an individual the person 5.15 knows or has reason to believe is under the influence of alcohol 5.16 or a controlled or other substance, as provided under paragraph5.17(a),to operate the motorboat in operation on the waters of this 5.18 state. 5.19(c)(b) An owner or other person having charge or control 5.20 of a motorboat may not knowingly authorize or allow a person, 5.21 who by reason of a physical or mental disability is incapable of 5.22 operating the motorboat, to operate the motorboat in operation 5.23 on the waters of this state. 5.24 (c) A person who operates or is in physical control of a 5.25 motorboat on the waters of this state while under the influence 5.26 of alcohol, a controlled substance, or a hazardous substance, is 5.27 subject to the provisions of chapter 169 relating to driving 5.28 while impaired. In addition to the driver's license sanctions 5.29 imposed under chapter 169, a person who is convicted of 5.30 violating section 169.121 while operating a motorboat, shall be 5.31 prohibited from operating the motorboat on the waters of this 5.32 state for a period of 90 days between May 1 and October 31, 5.33 extending over two consecutive years if necessary. If the 5.34 person operating the motorboat refuses to comply with a lawful 5.35 demand to submit to testing under section 169.123, the person 5.36 shall be prohibited from operating the motorboat for a period of 6.1 one year. The commissioner shall notify the convicted person of 6.2 the period during which the person is prohibited from operating 6.3 a motorboat. The court shall promptly forward to the 6.4 commissioner and the department of public safety copies of all 6.5 convictions and criminal and civil sanctions imposed under this 6.6 section and chapter 169 relating to motorboats. 6.7 (d) A person who violates paragraph (a) or (b), or an 6.8 ordinance in conformity with either of them, is guilty of a 6.9 misdemeanor. 6.10(d)(e) For purposes of this subdivision, a motorboat "in 6.11 operation" does not include a motorboat that is anchored, 6.12 beached, or securely fastened to a dock or other permanent 6.13 mooring. 6.14 Sec. 6. Minnesota Statutes 1996, section 86B.705, 6.15 subdivision 2, is amended to read: 6.16 Subd. 2. [FINES AND BAIL MONEY.] (a) All fines, 6.17 installment payments, and forfeited bail money collected from 6.18 persons convicted of violations of this chapter, or of a 6.19 violation of section 169.121 involving a motorboat, shall be 6.20 paid to the county treasurer of the county where the violation 6.21 occurred by the court administrator or other person collecting 6.22 the money within 15 days after the last day of the month the 6.23 money was collected. 6.24 (b) One-half of the receipts shall be credited to the 6.25 general revenue fund of the county. The other one-half of the 6.26 receipts shall be transmitted by the county treasurer to the 6.27 commissioner of natural resources to be deposited in the state 6.28 treasury and credited to the water recreation account for the 6.29 purpose of boat and water safety. 6.30 Sec. 7. Minnesota Statutes 1996, section 97A.065, 6.31 subdivision 2, is amended to read: 6.32 Subd. 2. [FINES AND FORFEITED BAIL.] (a) Fines and 6.33 forfeited bail collected from prosecutions of violations of: 6.34 the game and fish laws,; sections 84.091 to 84.15, and; sections 6.35 84.81 to 84.88,; section 169.121, when the violation involved an 6.36 off-road recreational vehicle as defined in section 169.01, 7.1 subdivision 84; chapter 348,; and any other law relating to wild 7.2 animals, andor aquatic vegetation, must be paid to the 7.3 treasurer of the county where the violation is prosecuted. The 7.4 county treasurer shall submit one-half of the receipts to the 7.5 commissioner and credit the balance to the county general 7.6 revenue fund except as provided in paragraphs (b), (c), and (d). 7.7 (b) The commissioner must reimburse a county, from the game 7.8 and fish fund, for the cost of keeping prisoners prosecuted for 7.9 violations under this section if the county board, by 7.10 resolution, directs: (1) the county treasurer to submit all 7.11 fines and forfeited bail to the commissioner; and (2) the county 7.12 auditor to certify and submit monthly itemized statements to the 7.13 commissioner. 7.14 (c) The county treasurer shall indicate the amount of the 7.15 receipts that are assessments or surcharges imposed under 7.16 section 609.101 and shall submit all of those receipts to the 7.17 commissioner. The receipts must be credited to the game and 7.18 fish fund to provide peace officer training for persons employed 7.19 by the commissioner who are licensed under section 626.84, 7.20 subdivision 1, clause (c), and who possess peace officer 7.21 authority for the purpose of enforcing game and fish laws. 7.22 (d) The county treasurer shall submit one-half of the 7.23 receipts collected from prosecutions of violations of sections 7.24 84.81 to 84.91, and 169.121, including receipts that are 7.25 assessments or surcharges imposed under section 609.101, to the 7.26 commissioner and credit the balance to the county general fund. 7.27 The commissioner shall credit these receipts to the snowmobile 7.28 trails and enforcement account in the natural resources fund. 7.29 Sec. 8. Minnesota Statutes 1996, section 97B.065, 7.30 subdivision 1, is amended to read: 7.31 Subdivision 1. [ACTS PROHIBITED.] (a) A person may not 7.32 take wild animals with a firearm or by archery: 7.33 (1) when the person is under the influence of alcohol; 7.34 (2) when the person is under the influence of a controlled 7.35 substance, as defined in section 152.01, subdivision 4; 7.36 (3) when the person is under the influence of a combination 8.1 of any two or more of the elements in clauses (1)and, (2), and 8.2 (7); 8.3 (4) when the person's alcohol concentration is0.100.08 or 8.4 more; 8.5 (5) when the person's alcohol concentration as measured 8.6 within two hours of the time of taking is0.100.08 or more;or8.7 (6) when the person's alcohol concentration is 0.04 or more 8.8 at the time of taking, or as measured within two hours of the 8.9 time of taking, if the person is under the age of 21 years at 8.10 the time of the violation; or 8.11 (7) when the person is knowingly under the influence of any 8.12 chemical compound or combination of chemical compounds that is 8.13 listed as a hazardous substance in rules adopted under section 8.14 182.655 and that affects the nervous system, brain, or muscles 8.15 of the person so as to substantially impair the person's ability 8.16 to operate a firearm or bow and arrow. 8.17 (b) An owner or other person having charge or control of a 8.18 firearm or bow and arrow may not authorize or permit an 8.19 individual the person knows or has reason to believe is under 8.20 the influence of alcohol or a controlled substance, as provided 8.21 under paragraph (a), to possess the firearm or bow and arrow in 8.22 this state or on a boundary water of this state. 8.23 Sec. 9. Minnesota Statutes 1996, section 97B.066, 8.24 subdivision 1, is amended to read: 8.25 Subdivision 1. [MANDATORY CHEMICAL TESTING.] A person who 8.26 takes wild animals with a bow or firearm in this state or on a 8.27 boundary water of this state is required, subject to the 8.28 provisions of this section, to take or submit to a test of the 8.29 person's blood, breath, or urine for the purpose of determining 8.30 the presence and amount of alcohol or a controlled substance. 8.31 The test shall be administered at the direction of an officer 8.32 authorized to make arrests under section 97B.065, subdivision 8.33 2. Taking or submitting to the test is mandatory when requested 8.34 by an officer who has probable cause to believe the person was 8.35 hunting in violation of section 97B.065, subdivision 1, 8.36 paragraph (a), and one of the following conditions exists: 9.1 (1) the person has been lawfully placed under arrest for 9.2 violating section 97B.065, subdivision 1, paragraph (a); 9.3 (2) the person has been involved while hunting in an 9.4 accident resulting in property damage, personal injury, or 9.5 death; 9.6 (3) the person has refused to take the preliminary 9.7 screening test provided for in section 97B.065, subdivision 3; 9.8or9.9 (4) the screening test was administered and indicated an 9.10 alcohol concentration of0.100.08 or more; or 9.11 (5) the screening test was administered and indicated an 9.12 alcohol concentration of 0.04 or more, if the person is under 9.13 the age of 21 years at the time of the violation. 9.14 Sec. 10. Minnesota Statutes 1996, section 97B.066, 9.15 subdivision 5, is amended to read: 9.16 Subd. 5. [CHEMICAL TESTS.] Chemical tests administered 9.17 under this section are governed by section86B.335, subdivisions9.188, 9, and 10169.123, subdivisions 2b, 2c, and 3. 9.19 Sec. 11. Minnesota Statutes 1996, section 97B.066, is 9.20 amended by adding a subdivision to read: 9.21 Subd. 7. [ADMINISTRATIVE REVIEW.] (a) At any time during 9.22 the period of prohibition or revocation imposed under this 9.23 section, the person may request in writing a review of the order 9.24 imposing sanctions under this section. If the person makes a 9.25 request for administrative review within 30 days following 9.26 receipt of a notice and order imposing sanctions, the request 9.27 shall stay imposition of the civil penalty. Upon receiving the 9.28 request for review, the commissioner or the commissioner's 9.29 designee shall review the order, the evidence upon which the 9.30 order was based, and other material information brought to the 9.31 attention of the commissioner and determine whether sufficient 9.32 cause exists to sustain the order. 9.33 (b) Within 15 days after receiving the request, the 9.34 commissioner shall issue a written report ordering that the 9.35 prohibition, revocation, or civil penalty be either sustained or 9.36 rescinded. The review provided in this subdivision is not 10.1 subject to the contested case provisions of the Administrative 10.2 Procedure Act under chapter 14. The availability of 10.3 administrative review does not have an effect upon the 10.4 availability of judicial review under this section. 10.5 Sec. 12. Minnesota Statutes 1996, section 97B.066, is 10.6 amended by adding a subdivision to read: 10.7 Subd. 8. [JUDICIAL REVIEW.] (a) Within 30 days following 10.8 receipt of a notice and order imposing sanctions under this 10.9 section, a person may petition the court for review. The 10.10 petition must be filed with the district court administrator in 10.11 the county where the incident occurred giving rise to the test 10.12 demand and refusal, together with proof of service of a copy on 10.13 the commissioner and the prosecuting authority for misdemeanor 10.14 offenses for the jurisdiction in which the incident occurred. A 10.15 responsive pleading is not required of the commissioner of 10.16 natural resources, and court fees may not be charged for the 10.17 appearance of the representative of the commissioner in the 10.18 matter. 10.19 (b) The petition must be captioned in the name of the 10.20 person making the petition as petitioner and the commissioner as 10.21 respondent. The petition must state specifically the grounds 10.22 upon which the petitioner seeks rescission of the order imposing 10.23 sanctions. 10.24 (c) The filing of the petition does not stay the revocation 10.25 or prohibition against hunting. However, the filing of a 10.26 petition stays imposition of the civil penalty. The judicial 10.27 review shall be conducted according to the rules of civil 10.28 procedure. 10.29 Sec. 13. Minnesota Statutes 1996, section 97B.066, is 10.30 amended by adding a subdivision to read: 10.31 Subd. 9. [HEARING.] (a) A hearing under this section must 10.32 be before a district court judge in the county where the 10.33 incident occurred which gave rise to the test demand and 10.34 refusal. The hearing must be to the court and may be conducted 10.35 at the same time as hearings upon pretrial motions in the 10.36 criminal prosecution under section 97B.065. The hearing must be 11.1 recorded. The commissioner must be represented by the 11.2 prosecuting authority for misdemeanor offenses for the 11.3 jurisdiction in which the incident occurred which gave rise to 11.4 the test demand and refusal. 11.5 (b) The hearing must be held at the earliest practicable 11.6 date and in any event no later than 60 days following the filing 11.7 of the petition for review. The reviewing court may order a 11.8 temporary stay of the balance of the prohibition or revocation 11.9 if the hearing has not been conducted within 60 days after 11.10 filing of the petition, upon the application of the petitioner 11.11 and upon terms the court deems proper. 11.12 (c) The scope of the hearing must be limited to the issues 11.13 of: 11.14 (1) whether the officer had probable cause to believe that 11.15 the person violated section 97B.065; 11.16 (2) whether one of the conditions in subdivision 1 existed; 11.17 (3) whether the person was informed as prescribed in 11.18 subdivision 3; and 11.19 (4) whether the person refused to submit to testing. 11.20 (d) It is an affirmative defense for the petitioner to 11.21 prove that, at the time of the refusal, the petitioner's refusal 11.22 to permit the test was based upon reasonable grounds. 11.23 (e) The court shall order that the prohibition or 11.24 revocation be either sustained or rescinded and shall either 11.25 sustain or rescind the civil penalty. The court shall forward a 11.26 copy of the order to the commissioner. 11.27 Sec. 14. Minnesota Statutes 1996, section 97B.066, is 11.28 amended by adding a subdivision to read: 11.29 Subd. 10. [PAYMENT OF CIVIL PENALTY.] The civil penalty 11.30 imposed under subdivision 2 must be paid to the political 11.31 subdivision that represents the commissioner on the petition for 11.32 judicial review or, in the event that a petition is not filed, 11.33 to the political subdivision that would have represented the 11.34 commissioner had a petition been filed. If a person does not 11.35 pay the civil penalty, the prohibition against hunting is 11.36 automatically extended until the political subdivision reports 12.1 to the commissioner in writing that the penalty has been paid. 12.2 Sec. 15. Minnesota Statutes 1996, section 97B.066, is 12.3 amended by adding a subdivision to read: 12.4 Subd. 11. [ENFORCEMENT OF CIVIL PENALTY.] (a) If a person 12.5 does not pay the civil penalty imposed under subdivision 2 12.6 within 30 days of the date it was imposed, the prosecuting 12.7 authority representing the commissioner may petition the 12.8 district court in the county where the incident occurred to file 12.9 the order imposing the civil penalty as an order of the court. 12.10 (b) Once entered, the order may be enforced in the same 12.11 manner as a final judgment of the court. In addition to the 12.12 penalty, attorney fees, costs, and interest may be assessed 12.13 against any person who fails to pay the civil penalty. 12.14 Sec. 16. Minnesota Statutes 1996, section 168.042, 12.15 subdivision 1, is amended to read: 12.16 Subdivision 1. [DEFINITIONS.] (a) For purposes of this 12.17 section, the following terms have the meanings given. 12.18 (b) "Violator" means a person who was driving, operating, 12.19 or in physical control of the motor vehicle when the violation 12.20 occurred. 12.21 (c) "Violation"meansincludes: 12.22(1) a violation of section 169.123 or an impaired driving12.23conviction as defined in section 169.121, subdivision 3, that12.24results in the revocation of a person's driver's license or12.25driving privileges, and also includes an alcohol-related license12.26revocation from another state;12.27(2) a violation of section 169.129; and12.28(3) a violation of section 171.24 by a person whose12.29driver's license or driving privileges have been canceled under12.30section 171.04, subdivision 1, clause (8).12.31 (1) a violation of section 169.121 or 169.123, or a 12.32 conforming ordinance from this state or a conforming statute or 12.33 ordinance from another state, that results in the revocation of 12.34 a person's driver's license or driving privileges: 12.35 (i) within five years of a prior impaired driving 12.36 conviction or a prior license revocation; or 13.1 (ii) within 15 years of two or more prior impaired driving 13.2 convictions, two or more prior license revocations, or one prior 13.3 impaired driving conviction and one prior license revocation, 13.4 based on separate incidents; 13.5 (2) a violation of section 169.121, subdivision 3, 13.6 paragraph (c), clause (4); 13.7 (3) a violation of section 169.129; and 13.8 (4) a violation of section 171.24 by a person whose 13.9 driver's license or driving privileges have been canceled under 13.10 section 171.04, subdivision 1, clause (9). 13.11 (d) "Prior impaired driving conviction" has the meaning 13.12 given it in section 169.121, subdivision 3. 13.13 (e) "Prior license revocation" has the meaning given it in 13.14 section 169.121, subdivision 3. 13.15 Sec. 17. Minnesota Statutes 1996, section 168.042, 13.16 subdivision 2, is amended to read: 13.17 Subd. 2. [VIOLATION; ISSUANCE OF IMPOUNDMENT ORDER.] The 13.18 commissioner shall issue a registration plate impoundment order 13.19 when:13.20(1)a person's driver's license or driving privileges are 13.21 revoked for athirdviolation., as defined in subdivision 1,13.22paragraph (c), clause (1), within five years or a fourth or13.23subsequent violation, as defined in subdivision 1, paragraph13.24(c), clause (1), within 15 years;13.25(2) a person's driver's license or driving privileges are13.26revoked for a violation of section 169.121, subdivision 3,13.27paragraph (c), clause (4), within five years of one previous13.28violation or within 15 years of two or more previous violations,13.29as defined in subdivision 1, paragraph (c), clause (1); or13.30(3) a person is arrested for or charged with a violation13.31described in subdivision 1, paragraph (c), clause (2) or (3).13.32 The order shall require the impoundment of the registration 13.33 plates of the self-propelled motor vehicle involved in the 13.34 violation and all self-propelled motor vehicles owned by, 13.35 registered, or leased in the name of the violator, including 13.36 self-propelled motor vehicles registered jointly or leased in 14.1 the name of the violator and another. An impoundment order 14.2 shall not be issued for the registration plates of a rental 14.3 vehicle as defined in section 168.041, subdivision 10, or a 14.4 vehicle registered in another state. 14.5 Sec. 18. Minnesota Statutes 1996, section 168.042, 14.6 subdivision 4, is amended to read: 14.7 Subd. 4. [PEACE OFFICER AS AGENT FOR NOTICE OF 14.8 IMPOUNDMENT.] On behalf of the commissioner, a peace officer 14.9 issuing a notice of intent to revoke and of revocationunder14.10section 169.123for a violation shall also serve a notice of 14.11 intent to impound and an order of impoundmentif the violation14.12is the third violation, as defined in subdivision 1, paragraph14.13(c), clause (1), within five years or the fourth or subsequent14.14violation, as defined in subdivision 1, paragraph (c), clause14.15(1), within 15 years. On behalf of the commissioner, a peace 14.16 officer who is arresting a person for or charging a person with 14.17 a violationdescribed in subdivision 1, paragraph (c), clause14.18(2) or (3),shall also serve a notice of intent to impound and 14.19 an order of impoundment. If the vehicle involved in the 14.20 violation is accessible to the officer at the time the 14.21 impoundment order is issued, the officer shall seize the 14.22 registration plates subject to the impoundment order. The 14.23 officer shall destroy all plates seized or impounded under this 14.24 section. The officer shall send to the commissioner copies of 14.25 the notice of intent to impound and the order of impoundment and 14.26 a notice that registration plates impounded and seized under 14.27 this section have been destroyed. 14.28 Sec. 19. Minnesota Statutes 1996, section 168.042, 14.29 subdivision 9, is amended to read: 14.30 Subd. 9. [ADMINISTRATIVE REVIEW.] At any time during the 14.31 effective period of an impoundment order, a person may request 14.32 in writing a review of the impoundment order by the 14.33 commissioner. On receiving a request, the commissioner or the 14.34 commissioner's designee shall review the order, the evidence 14.35 upon which the order was based, and any other material 14.36 information brought to the attention of the commissioner, and 15.1 determine whether sufficient cause exists to sustain the order. 15.2 The commissioner shall report in writing the results of the 15.3 review within 15 days of receiving the request. The review 15.4 provided in this subdivision is not subject to the contested 15.5 case provisions of the administrative procedure act in sections 15.6 14.01 to 14.69. As a result of this review, the commissioner 15.7 may authorize the issuance at no cost of new registration plates 15.8 to the registered owner of the vehicle if the registered owner's 15.9 license or driving privileges were not revokedunder section15.10169.123 oras a result ofan impaired driving conviction as15.11defined in section 169.121, subdivision 3the violation. 15.12 Review under this subdivision shall take place, if 15.13 possible, at the same time as any administrative review of the 15.14 person's license revocation under section 169.123, subdivision 15.15 5b. 15.16 Sec. 20. Minnesota Statutes 1996, section 168.042, 15.17 subdivision 11, is amended to read: 15.18 Subd. 11. [RESCISSION OF REVOCATION; DISMISSAL OF CHARGES 15.19 OR ACQUITTAL; ISSUANCE OF NEW PLATES.] If: 15.20 (1) the driver's license revocation that is the basis for 15.21 an impoundment order is rescinded,; 15.22 (2) the charges for the violation have been dismissed with 15.23 prejudice; or 15.24 (3) the violator has been acquitted of the violation; 15.25 then the registrar of motor vehicles shall issue new 15.26 registration plates for the vehicle at no cost, when the 15.27 registrar receives an application that includes a copy of the 15.28 order rescinding the driver's license revocation, the order 15.29 dismissing the charges, or the judgment of acquittal.If the15.30impoundment order was based on a violation described in15.31subdivision 1, paragraph (c), clause (2) or (3), and the charges15.32have been dismissed with prejudice or the violator has been15.33acquitted of the violation, the registrar of motor vehicles15.34shall issue new registration plates for the vehicle at no cost,15.35when the registrar receives an application that includes a copy15.36of the order dismissing the charges or a copy of the judgment of16.1acquittal.16.2 Sec. 21. Minnesota Statutes 1996, section 168.042, is 16.3 amended by adding a subdivision to read: 16.4 Subd. 11a. [CHARGE FOR REINSTATEMENT OF REGISTRATION 16.5 PLATES IN CERTAIN SITUATIONS.] When the registrar of motor 16.6 vehicles reinstates a person's registration plates after 16.7 impoundment for reasons other than those described in 16.8 subdivision 11, the registrar shall charge the person $25. 16.9 Money raised under this subdivision must be paid into the state 16.10 treasury and credited to the highway user tax distribution fund. 16.11 Sec. 22. Minnesota Statutes 1996, section 169.01, is 16.12 amended by adding a subdivision to read: 16.13 Subd. 84. [OFF-ROAD RECREATIONAL VEHICLE.] "Off-road 16.14 recreational vehicle" means an off-highway motorcycle as defined 16.15 in section 84.787, subdivision 7; off-road vehicle as defined in 16.16 section 84.797, subdivision 7; snowmobile as defined in section 16.17 84.81, subdivision 3; and all-terrain vehicle as defined in 16.18 section 84.92, subdivision 8. 16.19 Sec. 23. Minnesota Statutes 1996, section 169.01, is 16.20 amended by adding a subdivision to read: 16.21 Subd. 85. [MOTORBOAT.] "Motorboat" means a watercraft 16.22 propelled in any manner by machinery, including watercraft 16.23 temporarily equipped with detachable motors. 16.24 Sec. 24. Minnesota Statutes 1996, section 169.01, is 16.25 amended by adding a subdivision to read: 16.26 Subd. 86. [DRUG RECOGNITION EVALUATION.] "Drug recognition 16.27 evaluation" means the systematic, standardized, investigative 16.28 procedure defined by the National Highway Traffic Safety 16.29 Administration that is used to determine whether a driver is 16.30 impaired, whether the impairment relates to drugs or a medical 16.31 condition and, if drug-related, the categories of drugs likely 16.32 to have caused the impairment. 16.33 Sec. 25. Minnesota Statutes 1996, section 169.01, is 16.34 amended by adding a subdivision to read: 16.35 Subd. 87. [DRUG RECOGNITION EXPERT.] "Drug recognition 16.36 expert" means a peace officer who is certified by the 17.1 International Association of Chiefs of Police to conduct drug 17.2 recognition evaluations. 17.3 Sec. 26. Minnesota Statutes 1996, section 169.121, 17.4 subdivision 1, is amended to read: 17.5 Subdivision 1. [CRIME; ACTS PROHIBITED.] It is a crime for 17.6 any person to drive, operate, or be in physical control of any 17.7 motor vehicle within this state or upon the ice of any boundary 17.8 water of this state under any of the following circumstances: 17.9 (a) when the person is under the influence of alcohol; 17.10 (b) when the person is under the influence of a controlled 17.11 substance; 17.12 (c) when the person is under the influence of a combination 17.13 of any two or more of the elements named in clauses (a), (b), 17.14 and(f)(h); 17.15 (d) when the person's alcohol concentration is0.100.08 or 17.16 more but less than 0.20; 17.17 (e) when the person's alcohol concentration as measured 17.18 within two hours of the time of driving, operating, or being in 17.19 physical control of the motor vehicle is0.100.08 or more but 17.20 less than 0.20; 17.21 (f) when the person's alcohol concentration is 0.04 or more 17.22 but less than 0.20 at the time of driving, operating, or being 17.23 in physical control of the motor vehicle, or as measured within 17.24 two hours of the time of driving, operating, or being in 17.25 physical control of the motor vehicle, if the person is under 17.26 the age of 21 years at the time of the violation; 17.27 (g) when the person's alcohol concentration at the time, or 17.28 as measured within two hours of the time, of driving, operating, 17.29 or being in physical control of the motor vehicle is 0.20 or 17.30 more; 17.31 (h) when the person is knowingly under the influence of a 17.32 hazardous substance that affects the nervous system, brain, or 17.33 muscles of the person so as to substantially impair the person's 17.34 ability to drive or operate the motor vehicle; or 17.35(g)(i) when the person's body contains any amount of a 17.36 controlled substance listed in schedule I or II other than 18.1 marijuana or tetrahydrocannabinols. 18.2 Sec. 27. Minnesota Statutes 1996, section 169.121, 18.3 subdivision 1c, is amended to read: 18.4 Subd. 1c. [CONDITIONAL RELEASE.] (a) Unless maximum bail 18.5 is imposed under section 629.471, subdivision 2, a person 18.6 charged with a crime listed in this paragraph may be released 18.7 from detention only if the person agrees to abstain from alcohol 18.8 and submit to a program of electronic alcohol monitoring 18.9 involving at least daily measurements of the person's alcohol 18.10 concentration pending resolution of the charge. This paragraph 18.11 applies only when electronic alcohol monitoring equipment is 18.12 available to the court and only when a person is charged with: 18.13 (1) a violation of subdivision 1 or 1a within five years of 18.14 two prior impaired driving convictions, or within ten years of 18.15 three or more prior impaired driving convictions; 18.16 (2) a violation of subdivision 1 or 1a, if the person is 18.17 under the age of 19 years; 18.18 (3) a violation of subdivision 1 or 1a, while the person's 18.19 driver's license or driving privileges have been canceled under 18.20 section 171.04, subdivision 1, clause (9); 18.21 (4) a violation of subdivision 1, clause (g); or 18.22 (5) a violation of section 169.129. 18.23 If the defendant is convicted of the charged offense, the 18.24 court may require partial or total reimbursement from the person 18.25 for the cost of the electronic alcohol monitoring. 18.26 (b) Unless maximum bail is imposed under section 629.471, 18.27 subdivision 2, a person charged with violating subdivision 1 or 18.28 1a within ten years of the first of three prior impaired driving 18.29 convictions or within the person's lifetime after four or more 18.30 prior impaired driving convictions may be released from 18.31 detention only if the following conditions are imposed in 18.32 addition to the condition imposed in paragraph (a), if 18.33 applicable, and any other conditions of release ordered by the 18.34 court: 18.35 (1) the impoundment of the registration plates of the 18.36 vehicle used to commit the violation, unless already impounded; 19.1 (2) if the vehicle used to commit the violation was an 19.2 off-road recreational vehicle or a motorboat, the impoundment of 19.3 the off-road recreational vehicle or motorboat; 19.4 (3) a requirement that the alleged violator report weekly 19.5 to a probation agent; 19.6(3)(4) a requirement that the alleged violator abstain 19.7 from consumption of alcohol and controlled substances and submit 19.8 to random, weeklyalcohol tests or urine analyses at least 19.9 weekly; and 19.10(4)(5) a requirement that, if convicted, the alleged 19.11 violator reimburse the court or county for the total cost of 19.12 these services. 19.13 (c) For purposes of this subdivision, "prior impaired 19.14 driving conviction" has the meaning given in subdivision 3. 19.15 Sec. 28. Minnesota Statutes 1996, section 169.121, 19.16 subdivision 2, is amended to read: 19.17 Subd. 2. [EVIDENCE.] (a) Upon the trial of any prosecution 19.18 arising out of acts alleged to have been committed by any person 19.19 arrested for driving, operating, or being in physical control of 19.20 a motor vehicle in violation of subdivision 1, the court may 19.21 admit evidence of the presence or amount of alcohol, controlled 19.22 substances, or hazardous substances in the person's blood, 19.23 breath, or urine as shown by an analysis of those items. 19.24 (b) For the purposes of this subdivision, evidence that 19.25 there was at the time an alcohol concentration of 0.04 or more 19.26 is relevant evidence in indicating whether or not the person was 19.27 under the influence of alcohol. 19.28 (c) Evidence of the refusal to take a test is admissible 19.29 into evidence in a prosecution under this section or an 19.30 ordinance in conformity with it. 19.31 (d) If proven by a preponderance of the evidence, it shall 19.32 be an affirmative defense to a violation of subdivision 1, 19.33 clause (e), (f), or (g), that the defendant consumed a 19.34 sufficient quantity of alcohol after the time of actual driving, 19.35 operating, or physical control of a motor vehicle and before the 19.36 administration of the evidentiary test to cause the defendant's 20.1 alcohol concentration to exceed0.10the level specified in the 20.2 applicable clause. Evidence that the defendant consumed alcohol 20.3 after the time of actual driving, operating, or being in 20.4 physical control of a motor vehicle may not be admitted in 20.5 defense to any alleged violation of this section unless notice 20.6 is given to the prosecution prior to the omnibus or pretrial 20.7 hearing in the matter. 20.8 (e) If proven by a preponderance of the evidence, it shall 20.9 be an affirmative defense to a violation of subdivision 1, 20.10 clause(g)(i), that the defendant used the controlled substance 20.11 according to the terms of a prescription issued for the 20.12 defendant in accordance with sections 152.11 and 152.12. 20.13 (f) The preceding provisions do not limit the introduction 20.14 of any other competent evidence bearing upon the question of 20.15 whether the person violated this section, including tests 20.16 obtained more than two hours after the alleged violation and 20.17 results obtained from partial tests on an infrared 20.18 breath-testing instrument. A result from a partial test is the 20.19 measurement obtained by analyzing one adequate breath sample, as 20.20 defined in section 169.123, subdivision 2b, paragraph (b). 20.21 Sec. 29. Minnesota Statutes 1996, section 169.121, 20.22 subdivision 3, is amended to read: 20.23 Subd. 3. [CRIMINAL PENALTIES.] (a) As used in this 20.24subdivisionsection: 20.25 (1) "Prior impaired driving conviction" means a prior 20.26 conviction under: 20.27 (i) this section; Minnesota Statutes 1996, section 84.91, 20.28 subdivision 1, paragraph (a);, or 86B.331, subdivision 1, 20.29 paragraph (a); section 84.91, subdivision 1a; section 86B.331, 20.30 subdivision 1a; section 169.1211; section 169.129; or section 20.31 360.0752; 20.32 (ii) section 609.21, subdivision 1, clauses (2) to (6); 20.33609.21,subdivision 2, clauses (2) to (6);609.21,subdivision 20.34 2a, clauses (2) to (6);609.21,subdivision 2b, clauses (2) to 20.35 (6);609.21,subdivision 3, clauses (2) to (6);609.21,or 20.36 subdivision 4, clauses (2) to (6); or 21.1 (iii) an ordinance from this state, or a statute or 21.2 ordinance from another state, in conformity with anyof21.3themprovision listed in item (i) or (ii). 21.4 A prior impaired driving conviction also includes a prior 21.5 juvenile adjudication that would have been a prior impaired 21.6 driving conviction if committed by an adult; and. 21.7 (2) "Prior license revocation" means a driver's license 21.8 suspension, revocation,orcancellation, denial, or 21.9 disqualification under: 21.10 (i) this section;or section 169.1211, 169.123;, 21.11 171.04;, 171.14;, 171.16;, 171.165, 171.17;, or 171.18 21.12 because of an alcohol-related incident; 21.13 (ii) section 609.21, subdivision 1, clauses (2) to 21.14 (6);609.21,subdivision 2, clauses (2) to (6);609.21,21.15 subdivision 2a, clauses (2) to (6);609.21,subdivision 2b, 21.16 clauses (2) to (6);609.21,subdivision 3, clauses (2) to (6); 21.17 or609.21,subdivision 4, clauses (2) to (6); or 21.18 (iii) an ordinance from this state, or a statute or 21.19 ordinance from another state, in conformity with anyof them21.20 provision listed in item (i) or (ii). 21.21 "Prior license revocation" also means the revocation of 21.22 snowmobile or all-terrain vehicle operating privileges under 21.23 section 84.911, or motorboat operating privileges under section 21.24 86B.335, for violations that occurred on or after August 1, 1995. 21.25 (b) A person who violates subdivision 1, clause (a), (b), 21.26 (c), (d), (e), (f), (h), or (i), or subdivision 1a, or an 21.27 ordinance in conformity witheitherany of them, is guilty of a 21.28 misdemeanor. 21.29 (c) A person is guilty of a gross misdemeanor under any of 21.30 the following circumstances: 21.31 (1) the person violates subdivision 1, clause (g); 21.32 (2) the person violates subdivision 1, clause (a), (b), 21.33 (c), (d), (e), (f), (h), or (i), within five years of a prior 21.34 impaired driving conviction, or within ten years of the first of21.35two or more prior impaired driving convictions; 21.36(2)(3) the person violates subdivision 1a within five 22.1 years of a prior impaired driving conviction or a prior license 22.2 revocation, or within ten years of the first of two or more22.3prior license revocations; 22.4(3)(4) the person violates section 169.26 while in 22.5 violation of subdivision 1; or 22.6(4)(5) the person violates subdivision 1 or 1a while a 22.7 child under the age of 16 is in the vehicle, if the child is 22.8 more than 36 months younger than the violator. 22.9 A person convicted of a gross misdemeanor under this 22.10 paragraph is subject to the mandatory penalties provided in 22.11 subdivision 3d. 22.12 (d) A person is guilty of an enhanced gross misdemeanor 22.13 under any of the following circumstances: 22.14 (1) the person violates subdivision 1, clause (g), or 22.15 commits a violation described in paragraph (c), clause (4) or 22.16 (5), within ten years of a prior impaired driving conviction, or 22.17 within ten years of the first of two prior impaired driving 22.18 convictions; 22.19 (2) the person violates subdivision 1, clause (a), (b), 22.20 (c), (d), (e), (f), (h), or (i), within ten years of the first 22.21 of two or more prior impaired driving convictions; or 22.22 (3) the person violates subdivision 1a within ten years of 22.23 the first of two or more prior impaired driving convictions, two 22.24 or more prior license revocations, or any combination of two or 22.25 more prior impaired driving convictions and prior license 22.26 revocations, based on separate incidents. 22.27 A person convicted of an enhanced gross misdemeanor under 22.28 this paragraph may be sentenced to imprisonment in a local 22.29 correctional facility for not more than two years or to payment 22.30 of a fine of not more than $3,000, or both. Additionally, the 22.31 person is subject to the applicable mandatory penalties provided 22.32 in subdivision 3e. 22.33(d)(e) The attorney in the jurisdiction in which the 22.34 violation occurred who is responsible for prosecution of 22.35 misdemeanor violations of this section shall also be responsible 22.36 for prosecution of gross misdemeanor and enhanced gross 23.1 misdemeanor violations of this section. 23.2(e)(f) The court must impose consecutive sentences when it 23.3 sentences a person for a violation of this section or section 23.4 169.129 arising out of separate behavioral incidents. The court 23.5 also must impose a consecutive sentence when it sentences a 23.6 person for a violation of this section or section 169.129 and 23.7 the person, at the time of sentencing, is on probation for, or 23.8 serving, an executed sentence for a violation of this section or 23.9 section 169.129 and the prior sentence involved a separate 23.10 behavioral incident. The court also may order that the sentence 23.11 imposed for a violation of this section or section 169.129 shall 23.12 run consecutively to a previously imposed misdemeanor, gross 23.13 misdemeanor or felony sentence for a violation other than this 23.14 section or section 169.129. 23.15 (g) When the court stays the sentence of a person convicted 23.16 under this section, the length of the stay is governed by 23.17 section 609.135, subdivision 2. 23.18(f)(h) The court may impose consecutive sentences for 23.19 offenses arising out of a single course of conduct as permitted 23.20 in section 609.035, subdivision 2. 23.21(g)(i) When an attorney responsible for prosecuting gross 23.22 misdemeanors or enhanced gross misdemeanors under this section 23.23 requests criminal history information relating to prior impaired 23.24 driving convictions from a court, the court must furnish the 23.25 information without charge. 23.26(h)(j) A violation of subdivision 1a may be prosecuted 23.27 either in the jurisdiction where the arresting officer observed 23.28 the defendant driving, operating, or in control of the motor 23.29 vehicle or in the jurisdiction where the refusal occurred. 23.30 Sec. 30. Minnesota Statutes 1996, section 169.121, 23.31 subdivision 3b, is amended to read: 23.32 Subd. 3b. [HABITUAL OFFENDERS;CHEMICAL USE ASSESSMENT.] 23.33 The court must order a person to submit to the level of care 23.34 recommended in the chemical use assessment ifathe person has 23.35 been convictedunderof violating: 23.36 (1) subdivision 1,subdivision 1a,clause (g); or 24.1 (2) subdivision 1, clause (a), (b), (c), (d), (e), (f), 24.2 (h), or (i), subdivision 1a, section 169.129, an ordinance in 24.3 conformity with any of them, or a statute or ordinance from 24.4 another state in conformity with any of them, and if the person24.5is then convicted of violating subdivision 1, subdivision 1a,24.6section 169.129, or an ordinance in conformity with any of them24.7(1) once: 24.8 (i) within five years ofthe firsta prior impaired driving 24.9 conviction or(2) two or more timesa prior license revocation; 24.10 or 24.11 (ii) within ten yearsafter the first conviction, the court24.12must order the person to submit to the level of care recommended24.13in the chemical use assessment required under section 169.126of 24.14 two or more prior impaired driving convictions, two or more 24.15 prior license revocations, or a prior impaired driving 24.16 conviction and a prior license revocation, based on separate 24.17 incidents. 24.18 Sec. 31. Minnesota Statutes 1996, section 169.121, 24.19 subdivision 3c, is amended to read: 24.20 Subd. 3c. [NOTICE OF ENHANCED PENALTIES.] When a court 24.21 sentences a person for amisdemeanor or gross misdemeanor24.22 violation of this section, it shall inform the defendant of the 24.23 statutory provisions that provide for enhancement of criminal 24.24 penalties for repeat violators. The failure of a court to 24.25 provide this information to a defendant does not affect the 24.26 future applicability of these enhanced penalties to that 24.27 defendant. 24.28 Sec. 32. Minnesota Statutes 1996, section 169.121, is 24.29 amended by adding a subdivision to read: 24.30 Subd. 3d. [GROSS MISDEMEANORS; MANDATORY PENALTIES.] (a) 24.31 The mandatory penalties in this subdivision apply to persons 24.32 convicted of a gross misdemeanor under subdivision 3, paragraph 24.33 (c), or section 169.129. 24.34 (b) A person who is convicted of a gross misdemeanor under 24.35 subdivision 3, paragraph (c), or is convicted of a gross 24.36 misdemeanor violation of section 169.129 within five years of a 25.1 prior impaired driving conviction or prior license revocation, 25.2 must be sentenced to a minimum of 30 days imprisonment, at least 25.3 48 hours of which must be served consecutively, or to eight 25.4 hours of community work service for each day less than 30 days 25.5 that the person is ordered to serve in jail. Notwithstanding 25.6 section 609.135, the above sentence must be executed, unless the 25.7 court departs from the mandatory minimum sentence under 25.8 paragraph (c) or (d). 25.9 (c) Prior to sentencing, the prosecutor may file a motion 25.10 to have the defendant sentenced without regard to the mandatory 25.11 minimum sentence established by this subdivision. The motion 25.12 must be accompanied by a statement on the record of the reasons 25.13 for it. When presented with the prosecutor's motion and if it 25.14 finds that substantial mitigating factors exist, the court shall 25.15 sentence the defendant without regard to the mandatory minimum 25.16 sentence established by this subdivision. 25.17 (d) The court may, on its own motion, sentence the 25.18 defendant without regard to the mandatory minimum sentence 25.19 established by this subdivision if it finds that substantial 25.20 mitigating factors exist and if its sentencing departure is 25.21 accompanied by a statement on the record of the reasons for it. 25.22 The court also may sentence the defendant without regard to the 25.23 mandatory minimum sentence established by this subdivision if 25.24 the defendant is sentenced to probation and ordered to 25.25 participate in a program established under section 169.1265. 25.26 (e) When any portion of the sentence required by this 25.27 subdivision is not executed, the court should impose a sentence 25.28 that is proportional to the extent of the offender's prior 25.29 criminal and moving traffic violation record. Any sentence 25.30 required under this subdivision must include a mandatory 25.31 sentence that is not subject to suspension or a stay of 25.32 imposition or execution, and that includes incarceration for not 25.33 less than 48 consecutive hours or at least 80 hours of community 25.34 work service. 25.35 Sec. 33. Minnesota Statutes 1996, section 169.121, is 25.36 amended by adding a subdivision to read: 26.1 Subd. 3e. [ENHANCED GROSS MISDEMEANORS; MANDATORY 26.2 PENALTIES.] (a) The mandatory penalties in this subdivision 26.3 apply to persons who are convicted of an enhanced gross 26.4 misdemeanor under subdivision 3, paragraph (d), or section 26.5 169.129. Notwithstanding section 609.135, these penalties must 26.6 be imposed and executed. 26.7 (b) A person who is convicted of an enhanced gross 26.8 misdemeanor under the circumstances described in subdivision 3, 26.9 paragraph (d), clause (1), shall be sentenced as follows: 26.10 (1) if the person has one prior impaired driving conviction 26.11 within the past ten years, the person must be sentenced to a 26.12 minimum of 90 days of incarceration, at least 30 days of which 26.13 must be served consecutively in a local correctional facility. 26.14 The court may order that the person serve not more than 60 days 26.15 of this minimum penalty on home detention or in an intensive 26.16 probation program described in section 169.1265; 26.17 (2) if the person has two prior impaired driving 26.18 convictions within the past ten years, the person must be 26.19 sentenced to a minimum of 180 days of incarceration, at least 30 26.20 days of which must be served consecutively in a local 26.21 correctional facility. The court may order that the person 26.22 serve not more than 150 days of this minimum penalty on home 26.23 detention or in an intensive probation program described in 26.24 section 169.1265; or 26.25 (3) if the person has three prior impaired driving 26.26 convictions within the past 15 years, or four or more prior 26.27 impaired driving convictions within the person's lifetime, the 26.28 person must be sentenced to a minimum of one year of 26.29 incarceration, at least 60 days of which must be served 26.30 consecutively in a local correctional facility. The court may 26.31 order that the person serve the remainder of this minimum 26.32 penalty on intensive probation using an electronic monitoring 26.33 system or, if such a system is unavailable, on home detention. 26.34 (c) A person who is convicted of an enhanced gross 26.35 misdemeanor under the circumstances described in subdivision 3, 26.36 paragraph (d), clause (2) or (3), or under section 169.129, 27.1 shall be sentenced as follows: 27.2 (1) if the person has two prior impaired driving 27.3 convictions, two prior license revocations, or a combination of 27.4 the two, within the past ten years, the person must be sentenced 27.5 to a minimum of 90 days incarceration, at least 30 days of which 27.6 must be served consecutively in a local correctional facility. 27.7 The court may order that the person serve not more than 60 days 27.8 of this minimum penalty on home detention or in an intensive 27.9 probation program described in section 169.1265; 27.10 (2) if the person has three prior impaired driving 27.11 convictions, three prior license revocations, or a combination 27.12 of the two, within the past ten years, the person must be 27.13 sentenced to a minimum of 180 days of incarceration, at least 30 27.14 days of which must be served consecutively in a local 27.15 correctional facility. The court may order that the person 27.16 serve not more than 150 days of this minimum penalty on home 27.17 detention or in an intensive probation program described in 27.18 section 169.1265; or 27.19 (3) if the person has four prior impaired driving 27.20 convictions within the past 15 years, or five or more prior 27.21 impaired driving convictions within the person's lifetime, the 27.22 person must be sentenced to a minimum of one year of 27.23 incarceration, at least 60 days of which must be served 27.24 consecutively in a local correctional facility. The court may 27.25 order that the person serve the remainder of this minimum 27.26 penalty on intensive probation using an electronic monitoring 27.27 system or, if such a system is unavailable, on home detention. 27.28 Sec. 34. Minnesota Statutes 1996, section 169.121, is 27.29 amended by adding a subdivision to read: 27.30 Subd. 3f. [LONG-TERM MONITORING.] (a) This subdivision 27.31 applies to a person convicted of: 27.32 (1) a violation of subdivision 1 or 1a within five years of 27.33 two prior impaired driving convictions, or within ten years of 27.34 three or more prior impaired driving convictions; 27.35 (2) a violation of subdivision 1 or 1a, if the person is 27.36 under the age of 19 years; 28.1 (3) a violation of subdivision 1 or 1a, while the person's 28.2 driver's license or driving privileges have been canceled under 28.3 section 171.04, subdivision 1, clause (9); or 28.4 (4) a violation of section 169.129. 28.5 (b) When the court sentences a person described in 28.6 paragraph (a) to a stayed sentence and when electronic 28.7 monitoring equipment is available to the court, the court shall 28.8 require that the person participate in a program of electronic 28.9 alcohol monitoring in addition to any other conditions of 28.10 probation or jail time it imposes. During the first one-third 28.11 of the person's probationary term, the electronic alcohol 28.12 monitoring must be continuous and involve measurements of the 28.13 person's alcohol at least three times a day. During the 28.14 remainder of the person's probationary term, the electronic 28.15 alcohol monitoring may be intermittent, as determined by the 28.16 court. The court may require partial or total reimbursement 28.17 from the person for the cost of the electronic alcohol 28.18 monitoring. 28.19 (c) If the person has been convicted of violating 28.20 subdivision 1 or 1a within ten years of three or more prior 28.21 impaired driving convictions, the court shall hold a hearing 28.22 every six months to review the defendant's conditions of 28.23 probation and to determine whether the conditions should be 28.24 changed. The hearing shall be conducted in accordance with 28.25 section 609.14, except that the notice of the hearing sent under 28.26 section 609.14, subdivision 2, need not specify grounds for 28.27 probation revocation. 28.28 (d) For purposes of this subdivision, "prior impaired 28.29 driving conviction" has the meaning given in subdivision 3. 28.30 Sec. 35. Minnesota Statutes 1996, section 169.121, 28.31 subdivision 4, is amended to read: 28.32 Subd. 4. [ADMINISTRATIVE PENALTIES.] (a) The commissioner 28.33 of public safety shall revoke the driver's license of a person 28.34 convicted of violating this section or an ordinance in 28.35 conformity with it as follows: 28.36 (1) for an offense under subdivision 1:, not less than 30 29.1 days; 29.2 (2) for an offense under subdivision 1a:, not less than 90 29.3 days; 29.4 (3) for an offense occurring within five years after a 29.5 prior impaired driving conviction or a prior license revocation, 29.6 or any time after two or more prior impaired driving 29.7 convictions, two or more prior license revocations, or a prior 29.8 impaired driving conviction and a prior license revocation, 29.9 based on separate incidents: 29.10 (i) if the current conviction is for a violation of 29.11 subdivision 1, not less than 180 days and until the court has 29.12 certified that treatment or rehabilitation has been successfully 29.13 completed where prescribed in accordance with section 169.126; 29.14 or 29.15 (ii) if the current conviction is for a violation of 29.16 subdivision 1a, not less than one year and until the court has 29.17 certified that treatment or rehabilitation has been successfully 29.18 completed where prescribed in accordance with section 169.126; 29.19 (4) foran offense occurringa violation of subdivision 1, 29.20 clause (g), any time after a prior impaired driving conviction 29.21 or a prior license revocation, not less than one year, together 29.22 with denial under section 171.04, subdivision 1, clause (9), 29.23 until rehabilitation is established in accordance with standards 29.24 established by the commissioner; 29.25 (5) for a violation of subdivision 1, clause (a), (b), (c), 29.26 (d), (e), (f), (h), or (i), or subdivision 1a, within five years 29.27 after the first of two prior impaired driving convictionsor, 29.28 two prior license revocations:, or a prior impaired driving 29.29 conviction and a prior license revocation, based on separate 29.30 incidents, not less than one year, together with denial under 29.31 section 171.04, subdivision 1, clause(8)(9), until 29.32 rehabilitation is established in accordance with standards 29.33 established by the commissioner; 29.34(5)(6) foran offense occurringa violation of subdivision 29.35 1, clause (g), any time after two or more prior impaired driving 29.36 convictions, two or more prior license revocations, or a prior 30.1 impaired driving conviction and a prior license revocation, 30.2 based on separate incidents, not less than two years, together 30.3 with denial under section 171.04, subdivision 1, clause (9), 30.4 until rehabilitation is established in accordance with standards 30.5 established by the commissioner; or 30.6 (7) for a violation of subdivision 1, clause (a), (b), (c), 30.7 (d), (e), (f), (h), or (i), or subdivision 1a, any time after 30.8 three or more prior impaired driving convictions, three or more 30.9 prior license revocations:, or any combination of three or more 30.10 prior impaired driving convictions and prior license 30.11 revocations, based on separate incidents, not less than two 30.12 years, together with denial under section 171.04, subdivision 1, 30.13 clause(8)(9), until rehabilitation is established in 30.14 accordance with standards established by the commissioner. 30.15 (b) If the person convicted of violating this sectionis30.16 was under the age of 21 years at the time of the violation, the 30.17 commissioner of public safety shall revoke the offender's 30.18 driver's license or operating privileges for a period of six 30.19 months or for the appropriate period of time under paragraph 30.20 (a), clauses (1) to(5)(7), for the offense committed, 30.21 whichever is the greatest period. 30.22 (c) For purposes of this subdivision, a juvenile 30.23 adjudication under this section, section 169.129, an ordinance 30.24 in conformity with either of them, or a statute or ordinance 30.25 from another state in conformity with either of them is an 30.26 offense. 30.27 (d) Whenever department records show that the violation 30.28 involved personal injury or death to any person, not less than 30.29 90 additional days shall be added to the base periods provided 30.30 above. 30.31 (e) Except for a person whose license has been revoked 30.32 under paragraph (b), and except for a person who commits a 30.33 violation described in subdivision 1, clause (g), or subdivision 30.34 3, paragraph (c), clause (4), (child endangerment), any person 30.35 whose license has been revoked pursuant to section 169.123 as 30.36 the result of the same incident, and who does not have a prior 31.1 impaired driving conviction or prior license revocationwithin31.2the previous ten years, is subject to the mandatory revocation 31.3 provisions of paragraph (a), clause (1) or (2), in lieu of the 31.4 mandatory revocation provisions of section 169.123. 31.5(f) As used in this subdivision, the terms "prior impaired31.6driving conviction" and "prior license revocation" have the31.7meanings given in subdivision 3, paragraph (a).31.8 Sec. 36. Minnesota Statutes 1996, section 169.121, 31.9 subdivision 6, is amended to read: 31.10 Subd. 6. [PRELIMINARY SCREENING TEST.] (a) When a peace 31.11 officer has reason to believe from the manner in which a person 31.12 is driving, operating, controlling, or acting upon departure 31.13 from a motor vehicle, or has driven, operated, or controlled a 31.14 motor vehicle, that the driver may be violating or has violated 31.15 subdivision 1 or section 169.1211, the officer may require the 31.16 driver to provide a sample of the driver's breath for a 31.17 preliminary screening test using a device approved by the 31.18 commissioner of public safety for this purpose. 31.19 (b) The results of this preliminary screening test shall be 31.20 used for the purpose of deciding whether an arrest should be 31.21 made and whether to require the tests authorized in section 31.22 169.123, but shall not be used in any court action except the 31.23 following: 31.24 (1) to prove that a test was properly required of a person 31.25 pursuant to section 169.123, subdivision 2; 31.26 (2) to prove the element of probable cause in a criminal 31.27 prosecution for a violation of subdivision 1a; 31.28 (3) in a civil action arising out of the operation or use 31.29 of the motor vehicle; 31.30(3)(4) in an action for license reinstatement under 31.31 section 171.19;or31.32(4)(5) in a prosecution or juvenile court proceeding 31.33 concerning a violation of section 169.1218 or 340A.503, 31.34 subdivision 1, paragraph (a), clause (2); 31.35 (6) in a prosecution under section 169.1211, subdivision 1, 31.36 paragraph (b), or 171.30; or 32.1 (7) in a prosecution for a violation of a restriction on a 32.2 driver's license under section 171.09, which provides that the 32.3 license holder may not use or consume any amount of alcohol or a 32.4 controlled substance. 32.5 (c) Following the screening test additional tests may be 32.6 required of the driver pursuant to the provisions of section 32.7 169.123. 32.8 (d) The driver who refuses to furnish a sample of the 32.9 driver's breath is subject to the provisions of section 169.123 32.10 unless, in compliance with section 169.123, the driver submits 32.11 to a blood, breath or urine test to determine the presence or 32.12 amount of alcohol, controlled substances, or hazardous 32.13 substances. 32.14 Sec. 37. Minnesota Statutes 1996, section 169.121, 32.15 subdivision 11, is amended to read: 32.16 Subd. 11. [APPLICABILITY TO RECREATIONAL VEHICLES.] For 32.17 purposes of this section and section 169.123, "motor vehicle" 32.18does not include a snowmobile as defined in section 84.81, or an32.19all-terrain vehicle as defined in section 84.92. This32.20subdivision does not prevent the commissioner of public safety32.21from recording on driving records violations involving32.22snowmobiles and all-terrain vehiclesincludes off-road 32.23 recreational vehicles and motorboats. 32.24 Sec. 38. Minnesota Statutes 1996, section 169.1211, 32.25 subdivision 1, is amended to read: 32.26 Subdivision 1. [CRIMECRIMES.] (a) It is amisdemeanor32.27 crime for any person to drive, operate, or be in physical 32.28 control of any commercial motor vehicle within this state or 32.29 upon the ice of any boundary water of this state: 32.30 (1) when the person's alcohol concentration is 0.04 or more 32.31 but less than 0.20;or32.32 (2) when the person's alcohol concentration as measured 32.33 within two hours of the time of driving, operating, or being in 32.34 physical control of the commercial motor vehicle is 0.04 or more 32.35 but less than 0.20; or 32.36 (3) when the person's alcohol concentration at the time, or 33.1 as measured within two hours of the time, of driving, operating, 33.2 or being in physical control of the commercial motor vehicle is 33.3 0.20 or more. 33.4 (b) It is a crime for any person to drive, operate, or be 33.5 in physical control of any class of school bus or Head Start bus 33.6 within this state or upon the ice of any boundary water of this 33.7 state when there is physical evidence present in the person's 33.8 body of the consumption of any alcohol. 33.9 Sec. 39. Minnesota Statutes 1996, section 169.1211, is 33.10 amended by adding a subdivision to read: 33.11 Subd. 3a. [CRIMINAL PENALTY.] (a) Except as otherwise 33.12 provided in paragraph (b), a person who violates subdivision 1, 33.13 or an ordinance in conformity with it, is guilty of a 33.14 misdemeanor. 33.15 (b) A person who violates subdivision 1, paragraph (a), 33.16 clause (3), is guilty of a gross misdemeanor. 33.17 Sec. 40. Minnesota Statutes 1996, section 169.1217, is 33.18 amended to read: 33.19 169.1217 [VEHICLE FORFEITURE FORCOMMISSION OFDESIGNATED 33.20 OFFENSES AND LICENSE REVOCATIONS.] 33.21 Subdivision 1. [DEFINITIONS.] As used in this section, the 33.22 following terms have the meanings given them: 33.23 (a) "Appropriate agency" means a law enforcement agency 33.24 that has the authority to make an arrest for aviolation of a33.25 designated offense or to require a test under section 169.123. 33.26 (b) "Designated license revocation" includes a license 33.27 revocation under section 169.123: 33.28 (1) within five years of two prior impaired driving 33.29 convictions, two prior license revocations, or any combination 33.30 of two prior impaired driving convictions and prior license 33.31 revocations, based on separate incidents; or 33.32 (2) within 15 years of the first of three or more prior 33.33 impaired driving convictions, three or more prior license 33.34 revocations, or any combination of three or more prior impaired 33.35 driving convictions and prior license revocations, based on 33.36 separate incidents. 34.1 (c) "Designated offense" includes a violation of: 34.2 (1) section 169.121,or an ordinance from this state or a 34.3 statute or ordinance from another state in conformity with it, 34.4 or 169.129: 34.5(1)(i) within five years ofthreetwo prior impaired 34.6 driving convictionsor three, two prior license revocations, or 34.7 one prior impaired driving conviction and one prior license 34.8 revocation, based on separate incidents; 34.9(2)(ii) within 15 years ofthe first of fourthree or more 34.10 prior impaired driving convictionsor the first of four, three 34.11 or more prior license revocations, or any combination of three 34.12 or more prior impaired driving convictions and prior license 34.13 revocations, based on separate incidents; 34.14(3)(iii) by a person whose driver's license or driving 34.15 privileges have been canceled under section 171.04, subdivision 34.16 1, clause(8)(9); or 34.17(4)(iv) by a person who is subject to a restriction on the 34.18 person's driver's license under section 171.09 which provides 34.19 that the person may not use or consume any amount of alcohol or 34.20 a controlled substance.; or 34.21"Designated offense" also includes a violation of(2) 34.22 section 169.121, subdivision 3, paragraph (c), clause(4)(5): 34.23(1)(i) within five years oftwoa prior impaired driving 34.24convictionsconviction ortwoa prior licenserevocations34.25based on separate incidentsrevocation; or 34.26(2)(ii) within 15 years ofthe first of threetwo or more 34.27 prior impaired driving convictionsor the first of three, two or 34.28 more prior license revocations, or a prior impaired driving 34.29 conviction and a prior license revocation, based on separate 34.30 incidents. 34.31(c)(d) "Motor vehicle" and "vehicle" have the meaning 34.32 given "motor vehicle" in section 169.121, subdivision 11. The 34.33 terms do not include a vehicle which is stolen or taken in 34.34 violation of the law. 34.35(d)(e) "Owner" means the registered owner of the motor 34.36 vehicle according to records of the department of public safety 35.1 and includes a lessee of a motor vehicle if the lease agreement 35.2 has a term of 180 days or more. 35.3(e)(f) "Prior impaired driving conviction" has the meaning 35.4 given it in section 169.121, subdivision 3. A prior impaired 35.5 driving conviction also includes a prior juvenile adjudication 35.6 that would have been a prior impaired driving conviction if 35.7 committed by an adult. 35.8(f)(g) "Prior license revocation" has the meaning given it 35.9 in section 169.121, subdivision 3. 35.10(g)(h) "Prosecuting authority" means the attorney in the 35.11 jurisdiction in which the designated offense occurred who is 35.12 responsible for prosecuting violations of a designated offense. 35.13 Subd. 2. [SEIZURE.] A motor vehicle subject to forfeiture 35.14 under this section may be seized by the appropriate agency upon 35.15 process issued by any court having jurisdiction over the 35.16 vehicle. Property may be seized without process if: 35.17 (1) the seizure is incident to a lawful arrest or a lawful 35.18 search; 35.19 (2) the vehicle subject to seizure has been the subject of 35.20 a prior judgment in favor of the state in a criminal injunction 35.21 or forfeiture proceeding under this section; or 35.22 (3) the appropriate agency has probable cause to believe 35.23 that the delay occasioned by the necessity to obtain process 35.24 would result in the removal or destruction of the vehicle. If 35.25 property is seized without process under this clause(3), the 35.26 prosecuting authority must institute a forfeiture action under 35.27 this section as soon as is reasonably possible. 35.28 Subd. 3. [RIGHT TO POSSESSION VESTS IMMEDIATELY; CUSTODY 35.29 OF SEIZED VEHICLE.] All right, title, and interest in a vehicle 35.30 subject to forfeiture under this section vests in the 35.31 appropriate agency upon commission of the conduct resulting in 35.32 the designated offense or designated license revocation giving 35.33 rise to the forfeiture. Any vehicle seized under this section 35.34 is not subject to replevin, but is deemed to be in the custody 35.35 of the appropriate agency subject to the orders and decrees of 35.36 the court having jurisdiction over the forfeiture proceedings. 36.1 When a vehicle is so seized, the appropriate agency may: 36.2 (1) place the vehicle under seal; 36.3 (2) remove the vehicle to a place designated by it; 36.4 (3) place a disabling device on the vehicle; and 36.5 (4) take other steps reasonable and necessary to secure the 36.6 vehicle and prevent waste. 36.7 Subd. 4. [BOND BY OWNER FOR POSSESSION.] If the owner of a 36.8 vehicle that has been seized under this section seeks possession 36.9 of the vehicle before the forfeiture action is determined, the 36.10 owner may, subject to the approval of the appropriate agency, 36.11 give security or post bond payable to the appropriate agency in 36.12 an amount equal to the retail value of the seized vehicle. On 36.13 posting the security or bond, the seized vehicle may be returned 36.14 to the owner only if a disabling device is attached to the 36.15 vehicle. The forfeiture action shall proceed against the 36.16 security as if it were the seized vehicle. 36.17 Subd. 5. [EVIDENCE.] Certified copies of court records and 36.18 motor vehicle and driver's license records concerning prior 36.19 impaired driving convictions and prior license revocations are 36.20 admissible as substantive evidence where necessary to prove the 36.21 commission of a designated offense or the occurrence of a 36.22 designated license revocation. 36.23 Subd. 6. [MOTOR VEHICLES SUBJECT TO FORFEITURE.] A motor 36.24 vehicle is subject to forfeiture under this section if it was 36.25 used in the commission of a designated offense or was used in 36.26 conduct resulting in a designated license revocation. 36.27 Subd. 7. [LIMITATIONS ON FORFEITURE OF MOTOR VEHICLES.] 36.28 (a) A vehicle is subject to forfeiture under this section only 36.29 if: 36.30 (1) the driver is convicted of the designated offense upon 36.31 which the forfeiture is based;or36.32 (2) the driver fails to appear with respect to the 36.33 designated offense charge in violation of section 609.49; or 36.34 (3) the driver's conduct results in a designated license 36.35 revocation and the driver either fails to seek administrative or 36.36 judicial review of the revocation in a timely manner as required 37.1 by section 169.123, subdivision 5b or 5c, or the revocation is 37.2 sustained under section 169.123, subdivision 5b or 6. 37.3 (b) A vehicle encumbered by a bona fide security interest, 37.4 or subject to a lease that has a term of 180 days or more, is 37.5 subject to the interest of the secured party or lessor unless 37.6 the party or lessor had knowledge of or consented to the act 37.7 upon which the forfeiture is based. 37.8 (c) Notwithstanding paragraph (b), the secured party's or 37.9 lessor's interest in a vehicle is not subject to forfeiture 37.10 based solely on the secured party's or lessor's knowledge of the 37.11 act or omission upon which the forfeiture is based if the 37.12 secured party or lessor took reasonable steps to terminate use 37.13 of the vehicle by the offender. 37.14 (d) A motor vehicle is subject to forfeiture under this 37.15 section only if its owner knew or should have known of the 37.16 unlawful use or intended use. 37.17 (e) A vehicle subject to a security interest, based upon a 37.18 loan or other financing arranged by a financial institution, is 37.19 subject to the interest of the financial institution. 37.20 Subd. 7a. [ADMINISTRATIVE FORFEITURE PROCEDURE.] (a) A 37.21 motor vehicle used to commit a designated offense or used in 37.22 conduct resulting in a designated license revocation is subject 37.23 to administrative forfeiture under this subdivision. 37.24 (b) When a motor vehicle is seized under subdivision 2, the 37.25 appropriate agency shall serve the driver or operator of the 37.26 vehicle with a notice of the seizure and intent to forfeit the 37.27 vehicle. Additionally, when a motor vehicle is seized under 37.28 subdivision 2, or within a reasonable time after that, all 37.29 persons known to have an ownership or possessory interest in the 37.30 vehicle must be notified of the seizure and the intent to 37.31 forfeit the vehicle. Notice mailed by certified mail to the 37.32 address shown in department of public safety records is 37.33 sufficient notice to the registered owner of the vehicle. 37.34 Otherwise, notice may be given in the manner provided by law for 37.35 service of a summons in a civil action. 37.36 (c) The notice must be in writing and contain: 38.1 (1) a description of the vehicle seized; 38.2 (2) the date of seizure; and 38.3 (3) notice of the right to obtain judicial review of the 38.4 forfeiture and of the procedure for obtaining that judicial 38.5 review, printed in English, Hmong, and Spanish. Substantially 38.6 the following language must appear conspicuously: "IF YOU DO 38.7 NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA 38.8 STATUTES, SECTION 169.1217, SUBDIVISION 7a, YOU LOSE THE RIGHT 38.9 TO A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY 38.10 RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY. YOU MAY NOT 38.11 HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE 38.12 UNABLE TO AFFORD THE FEE. YOU DO NOT HAVE TO PAY THE FILING FEE 38.13 IF THE PROPERTY IS WORTH LESS THAN $500 AND YOU FILE YOUR CLAIM 38.14 IN CONCILIATION COURT." 38.15 (d) Within 60 days following service of a notice of seizure 38.16 and forfeiture under this subdivision, a claimant may file a 38.17 demand for a judicial determination of the forfeiture. The 38.18 demand must be in the form of a civil complaint and must be 38.19 filed with the court administrator in the county in which the 38.20 seizure occurred, together with proof of service of a copy of 38.21 the complaint on the prosecuting authority having jurisdiction 38.22 over the forfeiture, and the standard filing fee for civil 38.23 actions unless the petitioner has the right to sue in forma 38.24 pauperis under section 563.01. If the value of the seized 38.25 property is less than $500, the claimant may file an action in 38.26 conciliation court for recovery of the seized vehicle without 38.27 paying the conciliation court filing fee. No responsive 38.28 pleading is required of the prosecuting authority and no court 38.29 fees may be charged for the prosecuting authority's appearance 38.30 in the matter. The proceedings are governed by the rules of 38.31 civil procedure. 38.32 (e) The complaint must be captioned in the name of the 38.33 claimant as plaintiff and the seized vehicle as defendant, and 38.34 must state with specificity the grounds on which the claimant 38.35 alleges the vehicle was improperly seized and the plaintiff's 38.36 interest in the vehicle seized. Notwithstanding any law to the 39.1 contrary, an action for the return of a vehicle seized under 39.2 this section may not be maintained by or on behalf of any person 39.3 who has been served with a notice of seizure and forfeiture 39.4 unless the person has complied with this subdivision. 39.5 (f) If the claimant makes a timely demand for a judicial 39.6 determination under this subdivision, the appropriate agency 39.7 must conduct the forfeiture under subdivision 8. 39.8 (g) If a demand for judicial determination of an 39.9 administrative forfeiture is filed under this subdivision and 39.10 the court orders the return of the seized vehicle, the court 39.11 shall order that filing fees be reimbursed to the person who 39.12 filed the demand. In addition, the court may order the payment 39.13 of reasonable costs, expenses, and attorney fees under section 39.14 549.21, subdivision 2. 39.15 Subd. 8. [JUDICIAL FORFEITURE PROCEDURE.] (a) This 39.16 subdivision governs judicial determinations of the forfeiture of 39.17 a motor vehicle used to commit a designated offenseis subject39.18to forfeiture under this subdivisionor used in conduct 39.19 resulting in a designated license revocation. 39.20 (b) A separate complaint shall be filed against the 39.21 vehicle, describing it,andspecifying that it was used in the 39.22 commission of a designated offense or was used in conduct 39.23 resulting in a designated license revocation, and specifying the 39.24 time and place of its unlawful use. If the person charged with 39.25 a designated offense appears in court as required and is not 39.26 convicted of the offense, the court shall dismiss the complaint 39.27 against the vehicle and order the property returned to the 39.28 person legally entitled to it. Likewise, if a designated 39.29 license revocation is rescinded under section 169.123, 39.30 subdivision 5a or 6, the court shall dismiss the complaint 39.31 against the vehicle and order the property returned to the 39.32 person legally entitled to it. If the lawful ownership of the 39.33 vehicle used in the commission of a designated offense or used 39.34 in conduct resulting in a designated license revocation can be 39.35 determined and it is found the owner was not privy to commission 39.36 of a designated offense or was not privy to the conduct 40.1 resulting in the designated license revocation, the vehicle 40.2 shall be returned immediately. 40.3 Subd. 9. [DISPOSITION OF FORFEITED VEHICLES.] (a) If the 40.4 vehicle is administratively forfeited under subdivision 7a, or 40.5 if the court finds under subdivision 8 that the vehicle is 40.6 subject to forfeiture under subdivisions 6 and 7,it shall order40.7 the appropriate agencytoshall: 40.8 (1) sell the vehicle and distribute the proceeds under 40.9 paragraph (b); or 40.10 (2) keep the vehicle for official use. If the agency keeps 40.11 a forfeited motor vehicle for official use, it shall make 40.12 reasonable efforts to ensure that the motor vehicle is available 40.13 for use by the agency's officers who participate in the drug 40.14 abuse resistance education program. 40.15 (b) Except as otherwise provided in paragraph (c), the 40.16 proceeds from the sale of forfeited vehicles, after payment of 40.17 seizure, storage, forfeiture, and sale expenses, and 40.18 satisfaction of valid liens against the property, must be 40.19 forwarded to thetreasury of the political subdivision that40.20employs theappropriate agency responsible for the forfeiture 40.21 for use in DWI-related enforcement, training and education.If40.22the appropriate agency is an agency of state government, the net40.23proceeds must be forwarded to the state treasury and credited to40.24the general fundThese proceeds shall be in addition to and 40.25 shall not directly displace other funds in the appropriate 40.26 agency's budget. 40.27 (c) The proceeds from the sale of forfeited off-road 40.28 recreational vehicles and motorboats, after payment of seizure, 40.29 storage, forfeiture, and sale expenses, and satisfaction of 40.30 valid liens against the property, must be forwarded to the state 40.31 treasury and credited to the following funds: 40.32 (1) if the forfeited vehicle is a motorboat, the net 40.33 proceeds must be credited to the water recreation account in the 40.34 natural resources fund; 40.35 (2) if the forfeited vehicle is a snowmobile, the net 40.36 proceeds must be credited to the snowmobile trails and 41.1 enforcement account in the natural resources fund; 41.2 (3) if the forfeited vehicle is an all-terrain vehicle, the 41.3 net proceeds must be credited to the all-terrain vehicle account 41.4 in the natural resources fund; and 41.5 (4) if otherwise, the net proceeds must be credited to the 41.6 general fund. 41.7 Sec. 41. Minnesota Statutes 1996, section 169.1218, is 41.8 amended to read: 41.9 169.1218 [UNDERAGE DRINKING AND DRIVING.] 41.10 (a) It is a misdemeanor for a person under the age of 21 41.11 years to drive or operate a motor vehicle while consuming 41.12 alcoholic beverages, or after having consumed alcoholic 41.13 beverages while there is physical evidence of the consumption 41.14 present in the person's body. 41.15 (b) When a person is found to have committed an offense 41.16 under paragraph (a), the court shall notify the commissioner of 41.17 public safety of its determination. Upon receipt of the court's 41.18 determination, the commissioner shall suspend the person's 41.19 driver's license or operating privileges for 30 days, or for 180 41.20 days if the person has previously been found to have violated 41.21 paragraph (a) or a statute or ordinance in conformity with 41.22 paragraph (a). 41.23 (c) If the person's conduct violates section 169.121, 41.24 subdivision 1 or 1a, or 169.1211, the penalties and license 41.25 sanctions in those laws apply instead of the license sanction in 41.26 paragraph (b). 41.27 (d) An offense under paragraph (a) may be prosecuted either 41.28 in the jurisdiction where consumption occurs or the jurisdiction 41.29 where evidence of consumption is observed. 41.30 Sec. 42. Minnesota Statutes 1996, section 169.123, 41.31 subdivision 1, is amended to read: 41.32 Subdivision 1. [PEACE OFFICER DEFINED.] For purposes of 41.33 this section, section 169.121, and section 169.1211, the term 41.34 peace officer means (1) a state patrol officer, (2) University 41.35 of Minnesota peace officer, (3) a constable as defined in 41.36 section 367.40, subdivision 3,or(4) police officer of any 42.1 municipality, including towns having powers under section 42.2 368.01, or county, and (5) for purposes of violations of those 42.3 sections in or on an off-road recreational vehicle or motorboat, 42.4 a state conservation officer. 42.5 Sec. 43. Minnesota Statutes 1996, section 169.123, 42.6 subdivision 2, is amended to read: 42.7 Subd. 2. [IMPLIED CONSENT; CONDITIONS; ELECTION OF TEST.] 42.8 (a) Any person who drives, operates, or is in physical control 42.9 of a motor vehicle within this state or upon the ice of any 42.10 boundary water of this state consents, subject to the provisions 42.11 of this section and sections 169.121 and 169.1211, to a chemical 42.12 test of that person's blood, breath, or urine for the purpose of 42.13 determining the presence of alcohol, controlled substances, or 42.14 hazardous substances. The test shall be administered at the 42.15 direction of a peace officer. The test may be required of a 42.16 person when an officer has probable cause to believe the person 42.17 was driving, operating, or in physical control of a motor 42.18 vehicle in violation of section 169.121 and one of the following 42.19 conditions exist: 42.20 (1) the person has been lawfully placed under arrest for 42.21 violation of section 169.121, or an ordinance in conformity with 42.22 it; 42.23 (2) the person has been involved in a motor vehicle 42.24 accident or collision resulting in property damage, personal 42.25 injury, or death; 42.26 (3) the person has refused to take the screening test 42.27 provided for by section 169.121, subdivision 6;or42.28 (4) the screening test was administered and indicated an 42.29 alcohol concentration of0.100.08 or more; or 42.30 (5) the screening test was administered and indicated an 42.31 alcohol concentration of 0.04 or more, if the person is under 42.32 the age of 21 years at the time of the violation. 42.33 The test may also be required of a person when an officer 42.34 has probable cause to believe the person was driving, operating, 42.35 or in physical control of a commercial motor vehicle with the 42.36 presence of any alcohol. 43.1 (b) At the time a test is requested, the person shall be 43.2 informed: 43.3 (1) that Minnesota law requires the person to take a test: 43.4 (i) to determine if the person is under the influence of 43.5 alcohol, controlled substances, or hazardous substances; (ii) to 43.6 determine the presence of a controlled substance listed in 43.7 schedule I or II, other than marijuana or tetrahydrocannabinols; 43.8 and (iii) if the motor vehicle was a commercial motor vehicle, 43.9 to determine the presence of alcohol; 43.10 (2) that refusal to take a test is a crime; 43.11 (3) if the peace officer has probable cause to believe the 43.12 person has violated the criminal vehicular homicide and injury 43.13 laws, that a test will be taken with or without the person's 43.14 consent; and 43.15 (4) that the person has the right to consult with an 43.16 attorney, but that this right is limited to the extent that it 43.17 cannot unreasonably delay administration of the test. 43.18 (c) The peace officer who requires a test pursuant to this 43.19 subdivision may direct whether the test shall be of blood, 43.20 breath, or urine. Action may be taken against a person who 43.21 refuses to take a blood test only if an alternative test was 43.22 offered and action may be taken against a person who refuses to 43.23 take a urine test only if an alternative test was offered. 43.24 Sec. 44. Minnesota Statutes 1996, section 169.123, 43.25 subdivision 3, is amended to read: 43.26 Subd. 3. [MANNER OF MAKING TEST; ADDITIONAL TESTS.] (a) 43.27 Only a physician, medical technician, physician's trained mobile 43.28 intensive care paramedic, registered nurse, medical technologist 43.29 or laboratory assistant acting at the request of a peace officer 43.30 may withdraw blood for the purpose of determining the presence 43.31 of alcohol, controlled substances, or hazardous substances. 43.32 This limitation does not apply to the taking of a breath or 43.33 urine sample.The person tested has the right to have someone43.34of the person's own choosing administer a chemical test or tests43.35in addition to any administered at the direction of a peace43.36officer; provided, that the additional test sample on behalf of44.1the person is obtained at the place where the person is in44.2custody, after the test administered at the direction of a peace44.3officer, and at no expense to the state.44.4 (b)The failure or inability to obtain an additional test44.5or tests by a person shall not preclude the admission in44.6evidence of the test taken at the direction of a peace officer44.7unless the additional test was prevented or denied by the peace44.8officer.44.9(c)The physician, medical technician, physician's trained 44.10 mobile intensive care paramedic, medical technologist, 44.11 laboratory assistant or registered nurse drawing blood at the 44.12 request of a peace officer for the purpose of determining the 44.13 concentration of alcohol, controlled substances, or hazardous 44.14 substances shall in no manner be liable in any civil or criminal 44.15 action except for negligence in drawing the blood. The person 44.16 administering a breath test shall be fully trained in the 44.17 administration of breath tests pursuant to training given by the 44.18 commissioner of public safety. 44.19 Sec. 45. Minnesota Statutes 1996, section 169.123, 44.20 subdivision 4, is amended to read: 44.21 Subd. 4. [REFUSAL; REVOCATION OF LICENSE.] (a) If a person 44.22 refuses to permit a test, none shall be given, but the peace 44.23 officer shall report the refusal to the commissioner of public 44.24 safety and the authority having responsibility for prosecution 44.25 of misdemeanor offenses for the jurisdiction in which the acts 44.26 occurred. However, if a peace officer has probable cause to 44.27 believe that the person has violated section 609.21, a test may 44.28 be required and obtained despite the person's refusal. A 44.29 refusal to submit to an alcohol concentration test does not 44.30 constitute a violation of section 609.50, unless the refusal was 44.31 accompanied by force or violence or the threat of force or 44.32 violence. 44.33 (b) If a person submits to a testand, the results of that 44.34 test shall be reported to the commissioner of public safety and 44.35 to the authority having responsibility for prosecution of 44.36 misdemeanor offenses for the jurisdiction in which the acts 45.1 occurred, if the test results indicate: 45.2 (1) an alcohol concentration of0.100.08 or more; 45.3 (2) an alcohol concentration of 0.04 or more, if the person 45.4 is under the age of 21 years at the time of the violation; 45.5 (3) an alcohol concentration of 0.04 or more, if the person 45.6 was driving, operating, or in physical control of a commercial 45.7 motor vehicle at the time of the violation; or 45.8 (4) the presence of a controlled substance listed in 45.9 schedule I or II, other than marijuana or tetrahydrocannabinols,45.10or if a person was driving, operating, or in physical control of45.11a commercial motor vehicle and the test results indicate an45.12alcohol concentration of 0.04 or more, the results of the test45.13shall be reported to the commissioner of public safety and to45.14the authority having responsibility for prosecution of45.15misdemeanor offenses for the jurisdiction in which the acts45.16occurred. 45.17 (c) Upon certification by the peace officer that there 45.18 existed probable cause to believe the person had been driving, 45.19 operating, or in physical control of a motor vehicle in 45.20 violation of section 169.121 and that the person refused to 45.21 submit to a test, the commissioner of public safety shall revoke 45.22 the person's license or permit to drive, or nonresident 45.23 operating privilege, for a period of one year even if a test was 45.24 obtained pursuant to this section after the person refused to 45.25 submit to testing. 45.26 (d) Upon certification by the peace officer that there 45.27 existed probable cause to believe the person had been driving, 45.28 operating, or in physical control of a commercial motor vehicle 45.29 with the presence of any alcohol in violation of section 169.121 45.30 or 169.1211, and that the person refused to submit to a test, 45.31 the commissioner shall disqualify the person from operating a 45.32 commercial motor vehicle for a period of one year under section 45.33 171.165 and shall revoke the person's license or permit to drive 45.34 or nonresident operating privilege for a period of one year. 45.35 (e) Upon certification by the peace officer that there 45.36 existed probable cause to believe the person had been driving, 46.1 operating, or in physical control of a motor vehicle in 46.2 violation of section 169.121 and that the person submitted to a 46.3 test and the test results indicate: an alcohol concentration of 46.40.100.08 or more; an alcohol concentration of 0.04 or more, if 46.5 the person is under the age of 21 years at the time of the 46.6 violation; or the presence of a controlled substance listed in 46.7 schedule I or II, other than marijuana or tetrahydrocannabinols, 46.8 then the commissioner of public safety shall revoke the person's 46.9 license or permit to drive, or nonresident operating privilege: 46.10 (1) for a period of 90 days; or 46.11 (2) if the person is under the age of 21 years, for a 46.12 period of six months; or 46.13 (3) for a person with a prior impaired driving conviction 46.14 or prior license revocation within the past five years, for a 46.15 period of 180 days. 46.16 (f) On certification by the peace officer that there 46.17 existed probable cause to believe the person had been driving, 46.18 operating, or in physical control of a commercial motor vehicle 46.19 with any presence of alcohol and that the person submitted to a 46.20 test and the test results indicated an alcohol concentration of 46.21 0.04 or more, the commissioner of public safety shall disqualify 46.22 the person from operating a commercial motor vehicle under 46.23 section 171.165. 46.24 (g) If the person is a resident without a license or permit 46.25 to operate a motor vehicle in this state, the commissioner of 46.26 public safety shall deny to the person the issuance of a license 46.27 or permit for the same period after the date of the alleged 46.28 violation as provided herein for revocation, subject to review 46.29 as hereinafter provided. 46.30 (h) As used in this subdivision, the terms "prior impaired 46.31 driving conviction" and "prior license revocation" have the 46.32 meanings given in section 169.121, subdivision 3, paragraph (a). 46.33 Sec. 46. Minnesota Statutes 1996, section 169.123, 46.34 subdivision 5a, is amended to read: 46.35 Subd. 5a. [TEST REFUSAL; DRIVING PRIVILEGE LOST.] (a) On 46.36 behalf of the commissioner of public safety, a peace officer 47.1 requiring a test or directing the administration of a chemical 47.2 test shall serve immediate notice of intention to revoke and of 47.3 revocation on a person who refuses to permit a test or on a 47.4 person who submits to a test the results of which indicate: 47.5 (1) an alcohol concentration of0.100.08 or more; or 47.6 (2) an alcohol concentration of 0.04 or more, if the person 47.7 is under the age of 21 years at the time of the violation. 47.8 (b) On behalf of the commissioner of public safety, a peace 47.9 officer requiring a test or directing the administration of a 47.10 chemical test of a person driving, operating, or in physical 47.11 control of a commercial motor vehicle shall serve immediate 47.12 notice of intention to disqualify and of disqualification on a 47.13 person who refuses to permit a test, or on a person who submits 47.14 to a test the results of which indicate an alcohol concentration 47.15 of 0.04 or more. 47.16 (c) The officer shall either: 47.17 (1) take the driver's license or permit, if any, send it to 47.18 the commissioner of public safety along with the certificate 47.19 required by subdivision 4, and issue a temporary license 47.20 effective only for seven days; or 47.21 (2) invalidate the driver's license or permit in such a way 47.22 that no identifying information is destroyed. 47.23 Sec. 47. Minnesota Statutes 1996, section 169.123, 47.24 subdivision 5c, is amended to read: 47.25 Subd. 5c. [PETITION FOR JUDICIAL REVIEW.] (a) Within 30 47.26 days following receipt of a notice and order of revocation or 47.27 disqualification pursuant to this section, a person may petition 47.28 the court for review. The petition shall be filed with the 47.29 district court administrator in the county where the alleged 47.30 offense occurred, together with proof of service of a copy on 47.31 the commissioner of public safety, and accompanied by the 47.32 standard filing fee for civil actions. No responsive pleading 47.33 shall be required of the commissioner of public safety, and no 47.34 court fees shall be charged for the appearance of the 47.35 commissioner of public safety in the matter. 47.36 (b) The petitionshallmust: 48.1 (1) be captioned in the full name of the person making the 48.2 petition as petitioner and the commissioner of public safety as 48.3 respondent. The petition must; 48.4 (2) include the petitioner's date of birth, driver's 48.5 license number, and date of the offense. The petition shall; 48.6 and 48.7 (3) state with specificity the grounds upon which the 48.8 petitioner seeks rescission of the order of revocation, 48.9 disqualification, or denial. 48.10 (c) The filing of the petition shall not stay the 48.11 revocation, disqualification, or denial. The reviewing court 48.12 may order a stay of the balance of the revocation or 48.13 disqualification if the hearing has not been conducted within 60 48.14 days after filing of the petition upon terms the court deems 48.15 proper. 48.16 (d) Judicial reviews shall be conducted according to the 48.17 rules of civil procedure except that prehearing discovery is 48.18 mandatory and includes, but is not limited to: 48.19 (1) the notice of revocation; 48.20 (2) the test record, or in the case of blood or urine 48.21 tests, the certificate of analysis; 48.22 (3) the peace officer's certificate and any accompanying 48.23 documentation submitted by the arresting officer to the 48.24 commissioner of public safety; and 48.25 (4) disclosure of potential witnesses, including experts, 48.26 and the basis of their testimony. 48.27 Sec. 48. Minnesota Statutes 1996, section 169.123, 48.28 subdivision 6, is amended to read: 48.29 Subd. 6. [HEARING.] (a) A hearing under this section shall 48.30 be before a district judge in any county in the judicial 48.31 district where the alleged offense occurred. The hearing shall 48.32 be to the court and may be conducted at the same time and in the 48.33 same manner as hearings upon pretrial motions in the criminal 48.34 prosecution under section 169.121, if any. The hearing shall be 48.35 recorded. The commissioner of public safety shall appear and be 48.36 represented by the attorney general or through the prosecuting 49.1 authority for the jurisdiction involved. The hearing shall be 49.2 held at the earliest practicable date, and in any event no later 49.3 than 60 days following the filing of the petition for review. 49.4 The judicial district administrator shall establish procedures 49.5 to ensure efficient compliance with this subdivision. To 49.6 accomplish this, the administrator may, whenever possible, 49.7 consolidate and transfer review hearings among the county courts 49.8 within the judicial district. 49.9 (b) The scope of the hearing shall be limited to the issues 49.10 in clauses (1) to(9)(11): 49.11 (1) Did the peace officer have probable cause to believe 49.12 the person was driving, operating, or in physical control of: 49.13 (i) a motor vehicle in violation of section 169.121; or 49.14 (ii) a commercial motor vehicle in violation of section 49.15 169.1211? 49.16 (2) Was the person lawfully placed under arrest for 49.17 violation of section 169.121 or 169.1211? 49.18 (3) Was the person involved in a motor vehicle accident or 49.19 collision resulting in property damage, personal injury, or 49.20 death? 49.21 (4) Did the person refuse to take a screening test provided 49.22 for by section 169.121, subdivision 6? 49.23 (5) If the screening test was administered, did the test 49.24 indicate: 49.25 (i) an alcohol concentration of0.100.08 or more; or 49.26 (ii) an alcohol concentration of 0.04 or more, if the 49.27 person is under the age of 21 years at the time of the violation? 49.28 (6) At the time of the request for the test, did the peace 49.29 officer inform the person of the person's rights and the 49.30 consequences of taking or refusing the test as required by 49.31 subdivision 2? 49.32 (7) Did the person refuse to permit the test? 49.33 (8) If the person refused to permit the test, was the 49.34 refusal based upon reasonable grounds? 49.35 (9) If a test was taken:49.36(i)by a person driving, operating, or in physical control 50.1 of a motor vehicle, did the test results indicate at the time of 50.2 testing: 50.3 (i) an alcohol concentration of0.100.08 or moreat the50.4time of testing; 50.5 (ii) an alcohol concentration of 0.04 or more, if the 50.6 person is under the age of 21 years at the time of the 50.7 violation; or 50.8 (iii) the presence of a controlled substance listed in 50.9 schedule I or II, other than marijuana or tetrahydrocannabinols;50.10or? 50.11(ii)(10) If a test was taken by a person driving, 50.12 operating, or in physical control of a commercial motor vehicle, 50.13 did the test results indicate an alcohol concentration of 0.04 50.14 or more at the time of testing? 50.15(9)(11) Was the testing method used valid and reliable and 50.16 were the test results accurately evaluated? 50.17 (c) It shall be an affirmative defense for the petitioner 50.18 to prove that, at the time of the refusal, the petitioner's 50.19 refusal to permit the test was based upon reasonable grounds. 50.20 (d) Certified or otherwise authenticated copies of 50.21 laboratory or medical personnel reports, records, documents, 50.22 licenses, and certificates shall be admissible as substantive 50.23 evidence. 50.24 (e) The court shall order that the revocation or 50.25 disqualification be either rescinded or sustained and forward 50.26 the order to the commissioner of public safety. The court shall 50.27 file its order within 14 days following the hearing. If the 50.28 revocation or disqualification is sustained, the court shall 50.29 also forward the person's driver's license or permit to the 50.30 commissioner of public safety for further action by the 50.31 commissioner of public safety if the license or permit is not 50.32 already in the commissioner's possession. 50.33 Sec. 49. Minnesota Statutes 1996, section 169.126, 50.34 subdivision 1, is amended to read: 50.35 Subdivision 1. [REQUIREMENT; FORM.] A chemical use 50.36 assessment shall be conducted and an assessment report submitted 51.1 to the court and to the department of public safety by the 51.2 county agency administering the alcohol safety program when: 51.3 (a) The defendant is convicted of an offense described in 51.4 section 84.91, 86B.331, 169.121or, 169.1211, 169.129, or 51.5 360.0752; or 51.6 (b) The defendant is arrested for committing an offense 51.7 described in section 169.121 or 169.129 but is convicted of 51.8 another offense arising out of the circumstances surrounding the 51.9 arrest. 51.10 Sec. 50. Minnesota Statutes 1996, section 169.1261, is 51.11 amended to read: 51.12 169.1261 [REINSTATEMENT OF DRIVING PRIVILEGES; NOTICE.] 51.13 Upon expiration of a period of revocation under section 51.14 169.121 or 169.123, the commissioner of public safety shall 51.15 notify the person of the terms upon which driving privileges can 51.16 be reinstated, and new registration plates issued, which terms 51.17 are: (1) successful completion ofa driving testan examination 51.18 and proof of compliance with any terms of alcohol treatment or 51.19 counseling previously prescribed, if any; and (2) any other 51.20 requirements imposed by the commissioner and applicable to that 51.21 particular case. The commissioner shall notify the owner of a 51.22 motor vehicle subject to an impoundment order under section 51.23 168.041 as a result of the violation of the procedures for 51.24 obtaining new registration plates, if the owner is not the 51.25 violator. The commissioner shall also notify the person that if 51.26 driving is resumed without reinstatement of driving privileges 51.27 or without valid registration plates and registration 51.28 certificate, the person will be subject to criminal penalties. 51.29 Sec. 51. Minnesota Statutes 1996, section 169.129, is 51.30 amended to read: 51.31 169.129 [AGGRAVATED VIOLATIONS; PENALTY.] 51.32 Subdivision 1. [CRIME.] It is a crime for any personis51.33guilty of a gross misdemeanor who drives, operates, or isto 51.34 drive, operate, or be in physical control of a motor vehicle, 51.35 the operation of which requires a driver's license, within this 51.36 state or upon the ice of any boundary water of this state in 52.1 violation of section 169.121 or an ordinance in conformity with 52.2 it before the person's driver's license ordriver'sdriving 52.3 privilege has been reinstated following its cancellation, 52.4 suspension, revocation, disqualification, or denial under any of 52.5 the following: 52.6 (1) section 169.121, 169.1211, or 169.123; 52.7 (2) section 171.04, 171.14, 171.16, 171.17, or 171.18 52.8 because of an alcohol-related incident; 52.9 (3) section 609.21, subdivision 1, clauses (2) to (6); 52.10609.21,subdivision 2, clauses (2) to (6);609.21,subdivision 52.11 2a, clauses (2) to (6);609.21,subdivision 2b, clauses (2) to 52.12 (6);609.21,subdivision 3, clauses (2) to (6); or609.21,52.13 subdivision 4, clauses (2) to (6). 52.14 Subd. 2. [PENALTIES.] (a) Except as otherwise provided in 52.15 paragraph (b), a person who violates subdivision 1 is guilty of 52.16 a gross misdemeanor. 52.17 (b) A person is guilty of an enhanced gross misdemeanor and 52.18 may be sentenced to imprisonment in a local correctional 52.19 facility for not more than two years or to payment of a fine of 52.20 not more than $3,000, or both, if the person violates 52.21 subdivision 1 and the person's driver's license or driving 52.22 privilege has been suspended, revoked, canceled, denied, or 52.23 disqualified two or three times within the past ten years under 52.24 any of the statutes listed in subdivision 1. A person convicted 52.25 of an enhanced gross misdemeanor under this paragraph is subject 52.26 to the applicable mandatory penalties provided in section 52.27 169.121, subdivision 3d. 52.28 Subd. 3. [PROSECUTION.] The attorney in the jurisdiction 52.29 in which the violation of this section occurred who is 52.30 responsible for prosecution of misdemeanor violations of section 52.31 169.121 shall also be responsible for prosecution of violations 52.32 of this section. 52.33 Sec. 52. Minnesota Statutes 1996, section 171.07, is 52.34 amended by adding a subdivision to read: 52.35 Subd. 12. [SNOWMOBILE SAFETY CERTIFICATE.] (a) The 52.36 department shall maintain in its records information transmitted 53.1 electronically from the commissioner of natural resources 53.2 identifying each person whom the commissioner has issued a 53.3 snowmobile safety certificate. 53.4 (b) After receiving information under paragraph (a) that a 53.5 person has received a snowmobile safety certificate, the 53.6 department shall include, on all drivers' licenses or Minnesota 53.7 identification cards subsequently issued to the person, a 53.8 graphic or written indication that the person has received the 53.9 certificate. 53.10 (c) If a person who has received a snowmobile safety 53.11 certificate applies for a driver's license or Minnesota 53.12 identification card before that information has been transmitted 53.13 to the department, the department may accept a copy of the 53.14 certificate as proof of its issuance and shall then follow the 53.15 procedures in paragraph (b). 53.16 Sec. 53. Minnesota Statutes 1996, section 171.12, is 53.17 amended by adding a subdivision to read: 53.18 Subd. 2a. [ALCOHOL CONCENTRATION ON DRIVING RECORD.] When 53.19 a person's driver's license or permit to drive is revoked or 53.20 suspended pursuant to section 169.123, or when a person is 53.21 convicted for violating section 84.91, 86B.331, 169.121, 53.22 169.1211, 169.1218, 169.129, 360.0752, or 609.21, and a test of 53.23 the person's breath, urine, or blood has been made to determine 53.24 the person's alcohol concentration, the commissioner of public 53.25 safety shall record the test results on the person's driving 53.26 record pertaining to that violation. The alcohol concentration 53.27 is classified as public data on individuals, as defined in 53.28 section 13.02, subdivision 15, and must be kept for the period 53.29 of time specified in subdivision 3, clause (2). 53.30 Sec. 54. Minnesota Statutes 1996, section 171.19, is 53.31 amended to read: 53.32 171.19 [PETITION FOR LICENSE REINSTATEMENT.] 53.33 Any person whose driver's license has been refused, 53.34 revoked, suspended,orcanceled, or disqualified by the 53.35 commissioner, except where the license is revoked or 53.36 disqualified under section 169.123, may file a petition for a 54.1 hearing in the matter in the district court in the county 54.2 wherein such person shall reside and, in the case of a 54.3 nonresident, in the district court in any county, and such court 54.4 is hereby vested with jurisdiction, and it shall be its duty, to 54.5 set the matter for hearing upon 15 days' written notice to the 54.6 commissioner, and thereupon to take testimony and examine into 54.7 the facts of the case to determine whether the petitioner is 54.8 entitled to a license or is subject to revocation, suspension, 54.9 cancellation, disqualification, or refusal of license, and shall 54.10 render judgment accordingly. The petition shall be heard by the 54.11 court without a jury and may be heard in or out of term. The 54.12 commissioner may appear in person, or by agents or 54.13 representatives, and may present evidence upon the hearing by 54.14 affidavit personally, by agents, or by representatives. The 54.15 petitioner may present evidence by affidavit, except that the 54.16 petitioner must be present in person at such hearing for the 54.17 purpose of cross-examination. In the event the department shall 54.18 be sustained in these proceedings, the petitioner shall have no 54.19 further right to make further petition to any court for the 54.20 purpose of obtaining a driver's license until after the 54.21 expiration of one year after the date of such hearing. 54.22 Sec. 55. Minnesota Statutes 1996, section 171.20, 54.23 subdivision 4, is amended to read: 54.24 Subd. 4. [REINSTATEMENT FEE.] Before the license is 54.25 reinstated, a person whose driver's license has been suspended 54.26 under section 171.16, subdivision 2; 171.18, except subdivision 54.27 1, clause (10); or 171.182, or who has been disqualified from 54.28 holding a commercial driver's license under section 171.165 must 54.29 pay a$20feebefore the license is reinstatedof $25.25 until 54.30 June 30, 1999, and $20 thereafter. When this fee is collected 54.31 by a county-operated office of deputy registrar, a $3.50 54.32 handling charge is imposed. The handling charge must be 54.33 deposited in the treasury of the place for which the deputy 54.34 registrar was appointed and the$20reinstatement fee must be 54.35 deposited in an approved state depository as directed under 54.36 section 168.33, subdivision 2. A suspension may be rescinded 55.1 without fee for good cause. 55.2 Sec. 56. Minnesota Statutes 1996, section 171.30, is 55.3 amended by adding a subdivision to read: 55.4 Subd. 2c. [EXTENDED WAITING PERIOD.] If a person's license 55.5 or privilege has been revoked or suspended for a violation of 55.6 section 169.121 or 169.123, or a statute or ordinance from 55.7 another state in conformity with either of those sections, and 55.8 the person's alcohol concentration was 0.20 or greater at the 55.9 time of the violation, a limited license may not be issued for a 55.10 period of time equal to twice the time period specified in 55.11 subdivision 2a or 2b. 55.12 Sec. 57. Minnesota Statutes 1996, section 192A.555, is 55.13 amended to read: 55.14 192A.555 [DRUNKEN OR RECKLESS DRIVING.] 55.15Any(a) A person subject to this codewhoshall be punished 55.16 as a court-martial may direct if the person: 55.17 (1) drives, operates, or is inactualphysical control of 55.18 any vehicle or aircraft while under the influence of an 55.19 alcoholic beverage or narcotic drug or a combination thereofor55.20whose blood contains 0.10 percent; 55.21 (2) drives, operates, or is in physical control of a 55.22 vehicle when the person's alcohol concentration is 0.08 or 55.23 moreby weight of alcohol; 55.24 (3) flies, operates, or is in physical control of an 55.25 aircraft when the person's alcohol concentration is 0.04 or 55.26 more; orwho55.27 (4) operatessaidthe vehicle or aircraft in a reckless or 55.28 wanton manner, shall be punished as a court-martial may direct. 55.29 (b) Chemical and other tests for intoxication shall be made 55.30 only in accordance with rules issued under this code. For 55.31 purposes of this section, the term "alcohol concentration" has 55.32 the meaning given in section 169.01, subdivision 61. 55.33 Sec. 58. Minnesota Statutes 1996, section 357.021, 55.34 subdivision 1a, is amended to read: 55.35 Subd. 1a. (a) Every person, including the state of 55.36 Minnesota and all bodies politic and corporate, who shall 56.1 transact any business in the district court, shall pay to the 56.2 court administrator of said court the sundry fees prescribed in 56.3 subdivision 2. Except as provided in paragraph (d), the court 56.4 administrator shall transmit the fees monthly to the state 56.5 treasurer for deposit in the state treasury and credit to the 56.6 general fund. 56.7 (b) In a county which has a screener-collector position, 56.8 fees paid by a county pursuant to this subdivision shall be 56.9 transmitted monthly to the county treasurer, who shall apply the 56.10 fees first to reimburse the county for the amount of the salary 56.11 paid for the screener-collector position. The balance of the 56.12 fees collected shall then be forwarded to the state treasurer 56.13 for deposit in the state treasury and credited to the general 56.14 fund. In a county in the eighth judicial district which has a 56.15 screener-collector position, the fees paid by a county shall be 56.16 transmitted monthly to the state treasurer for deposit in the 56.17 state treasury and credited to the general fund. A 56.18 screener-collector position for purposes of this paragraph is an 56.19 employee whose function is to increase the collection of fines 56.20 and to review the incomes of potential clients of the public 56.21 defender, in order to verify eligibility for that service. 56.22 (c) No fee is required under this section from the public 56.23 authority or the party the public authority represents in an 56.24 action for: 56.25 (1) child support enforcement or modification, medical 56.26 assistance enforcement, or establishment of parentage in the 56.27 district court, or child or medical support enforcement 56.28 conducted by an administrative law judge in an administrative 56.29 hearing under section 518.5511; 56.30 (2) civil commitment under chapter 253B; 56.31 (3) the appointment of a public conservator or public 56.32 guardian or any other action under chapters 252A and 525; 56.33 (4) wrongfully obtaining public assistance under section 56.34 256.98 or 256D.07, or recovery of overpayments of public 56.35 assistance; 56.36 (5) court relief under chapter 260; 57.1 (6) forfeiture of property under sections 169.1217 and 57.2 609.531 to 609.5317; 57.3 (7) recovery of amounts issued by political subdivisions or 57.4 public institutions under sections 246.52, 252.27, 256.045, 57.5 256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, and 57.6 260.251, or other sections referring to other forms of public 57.7 assistance; or 57.8 (8) restitution under section 611A.04. 57.9 (d) The fees collected for child support modifications 57.10 under subdivision 2, clause (13), must be transmitted to the 57.11 county treasurer for deposit in the county general fund. The 57.12 fees must be used by the county to pay for child support 57.13 enforcement efforts by county attorneys. 57.14 Sec. 59. Minnesota Statutes 1996, section 364.09, is 57.15 amended to read: 57.16 364.09 [EXCEPTIONS.] 57.17 (a) This chapter does not apply to the licensing process 57.18 for peace officers; to law enforcement agencies as defined in 57.19 section 626.84, subdivision 1, paragraph (h); to fire protection 57.20 agencies; to eligibility for a private detective or protective 57.21 agent license; to eligibility for a family day care license, a 57.22 family foster care license, or a home care provider license; to 57.23 eligibility for school bus driver endorsements;orto 57.24 eligibility for special transportation service endorsements; or 57.25 to eligibility for a commercial driver training instructor 57.26 license, which is governed by section 171.35 and rules adopted 57.27 under that section. This chapter also shall not apply to 57.28 eligibility for juvenile corrections employment, where the 57.29 offense involved child physical or sexual abuse or criminal 57.30 sexual conduct. 57.31 (b) This chapter does not apply to a school district or to 57.32 eligibility for a license issued or renewed by the board of 57.33 teaching or the state board of education. 57.34 (c) Nothing in this section precludes the Minnesota police 57.35 and peace officers training board or the state fire marshal from 57.36 recommending policies set forth in this chapter to the attorney 58.1 general for adoption in the attorney general's discretion to 58.2 apply to law enforcement or fire protection agencies. 58.3 (d) This chapter does not apply to a license to practice 58.4 medicine that has been denied or revoked by the board of medical 58.5 practice pursuant to section 147.091, subdivision 1a. 58.6 Sec. 60. Minnesota Statutes 1996, section 609.02, 58.7 subdivision 2, is amended to read: 58.8 Subd. 2. [FELONY.] "Felony" means a crime, other than an 58.9 enhanced gross misdemeanor, for which a sentence of imprisonment 58.10 for more than one year may be imposed. 58.11 Sec. 61. Minnesota Statutes 1996, section 609.02, is 58.12 amended by adding a subdivision to read: 58.13 Subd. 2a. [ENHANCED GROSS MISDEMEANOR.] "Enhanced gross 58.14 misdemeanor" means a crime for which a sentence of not more than 58.15 two years imprisonment in a local correctional facility or a 58.16 fine of not more than $3,000, or both, may be imposed. 58.17 Sec. 62. Minnesota Statutes 1996, section 609.105, is 58.18 amended to read: 58.19 609.105 [SENTENCE OF IMPRISONMENT.] 58.20 Subdivision 1. Except as otherwise provided in subdivision 58.21 3, a sentence to imprisonment for more than one year shall 58.22 commit the defendant to the custody of the commissioner of 58.23 corrections. 58.24 Subd. 2. The commissioner of corrections shall determine 58.25 the place of confinement in a prison, reformatory, or other 58.26 facility of the department of corrections established by law for 58.27 the confinement of convicted persons and prescribe reasonable 58.28 conditions and rules for their employment, conduct, instruction, 58.29 and discipline within or without the facility. 58.30 Subd. 3. A sentence to imprisonment for an enhanced gross 58.31 misdemeanor or for a period of one year or any lesser period 58.32 shall be to a workhouse, work farm, county jail, or other place 58.33 authorized by law. 58.34 Sec. 63. Minnesota Statutes 1996, section 609.135, 58.35 subdivision 2, is amended to read: 58.36 Subd. 2. [STAY OF SENTENCE MAXIMUM PERIODS.] (a) If the 59.1 conviction is for a felony the stay shall be for not more than 59.2 four years or the maximum period for which the sentence of 59.3 imprisonment might have been imposed, whichever is longer. 59.4 (b) If the conviction is for an enhanced gross misdemeanor 59.5 violation of section 169.121 or 169.129, the stay shall be for 59.6 not more than five years. The court shall provide for 59.7 unsupervised probation for the last year of the stay unless the 59.8 court finds that the defendant needs supervised probation for 59.9 all or part of the last year. 59.10 (c) If the conviction is for a gross misdemeanor violation 59.11 of section 169.121 or 169.129, the stay shall be for not more 59.12 than four years. The court shall provide for unsupervised 59.13 probation for the lastoneyear of the stay unless the court 59.14 finds that the defendant needs supervised probation for all or 59.15 part of the lastoneyear. 59.16(c)(d) If the conviction is for a gross misdemeanor not 59.17 specified in paragraph(b)(c), the stay shall be for not more 59.18 than two years. 59.19(d)(e) If the conviction is for any misdemeanor under 59.20 section 169.121; 609.746, subdivision 1; 609.79; or 617.23; or 59.21 for a misdemeanor under section 609.2242 or 609.224, subdivision 59.22 1, in which the victim of the crime was a family or household 59.23 member as defined in section 518B.01, the stay shall be for not 59.24 more than two years. The court shall provide for unsupervised 59.25 probation for the second year of the stay unless the court finds 59.26 that the defendant needs supervised probation for all or part of 59.27 the second year. 59.28(e)(f) If the conviction is for a misdemeanor not 59.29 specified in paragraph(d)(e), the stay shall be for not more 59.30 than one year. 59.31(f)(g) The defendant shall be discharged six months after 59.32 the term of the stay expires, unless the stay has been revoked 59.33 or extended under paragraph(g)(h), or the defendant has 59.34 already been discharged. 59.35(g)(h) Notwithstanding the maximum periods specified for 59.36 stays of sentences under paragraphs (a) to(f)(g), a court may 60.1 extend a defendant's term of probation for up to one year if it 60.2 finds, at a hearing conducted under subdivision 1a, that: 60.3 (1) the defendant has not paid court-ordered restitution or 60.4 a fine in accordance with the payment schedule or structure; and 60.5 (2) the defendant is likely to not pay the restitution or 60.6 fine the defendant owes before the term of probation expires. 60.7 This one-year extension of probation for failure to pay 60.8 restitution or a fine may be extended by the court for up to one 60.9 additional year if the court finds, at another hearing conducted 60.10 under subdivision 1a, that the defendant still has not paid the 60.11 court-ordered restitution or fine that the defendant owes. 60.12 Sec. 64. Minnesota Statutes 1996, section 609.15, 60.13 subdivision 2, is amended to read: 60.14 Subd. 2. [LIMIT ON SENTENCES; MISDEMEANOR AND GROSS 60.15 MISDEMEANOR.] If the court specifies that the sentence shall run 60.16 consecutively and all of the sentences are for misdemeanors, the 60.17 total of the sentences shall not exceed one year. If the 60.18 sentences are for a gross misdemeanor or enhanced gross 60.19 misdemeanor and one or more misdemeanors, the total of the 60.20 sentences shall not exceed two years. If all of the sentences 60.21 are for gross misdemeanors and enhanced gross misdemeanors, the 60.22 total of the sentences shall not exceed four years. 60.23 Sec. 65. Minnesota Statutes 1996, section 609.21, 60.24 subdivision 1, is amended to read: 60.25 Subdivision 1. [CRIMINAL VEHICULAR HOMICIDE.] A person is 60.26 guilty of criminal vehicular homicide resulting in death and may 60.27 be sentenced to imprisonment for not more than ten years or to 60.28 payment of a fine of not more than $20,000, or both, if the 60.29 person causes the death of a human being not constituting murder 60.30 or manslaughter as a result of operating a motor vehicle: 60.31 (1) in a grossly negligent manner; 60.32 (2) in a negligent manner while under the influence of: 60.33 (i) alcohol; 60.34 (ii) a controlled substance; or 60.35 (iii) any combination of those elements; 60.36 (3) while having an alcohol concentration of0.100.08 or 61.1 more; 61.2 (4) while having an alcohol concentration of0.100.08 or 61.3 more, as measured within two hours of the time of driving; 61.4 (5) while having an alcohol concentration of 0.04 or more 61.5 at the time of driving, or as measured within two hours of the 61.6 time of driving, if the person is under the age of 21 years at 61.7 the time of the violation; 61.8(5)(6) in a negligent manner while knowingly under the 61.9 influence of a hazardous substance; 61.10(6)(7) in a negligent manner while any amount of a 61.11 controlled substance listed in schedule I or II, other than 61.12 marijuana or tetrahydrocannabinols, is present in the person's 61.13 body; or 61.14(7)(8) where the driver who causes the accident leaves the 61.15 scene of the accident in violation of section 169.09, 61.16 subdivision 1 or 6. 61.17 Sec. 66. Minnesota Statutes 1996, section 609.21, 61.18 subdivision 2, is amended to read: 61.19 Subd. 2. [RESULTING IN GREAT BODILY HARM.] A person is 61.20 guilty of criminal vehicular operation resulting in great bodily 61.21 harm and may be sentenced to imprisonment for not more than five 61.22 years or to payment of a fine of not more than $10,000, or both, 61.23 if the person causes great bodily harm to another, not 61.24 constituting attempted murder or assault, as a result of 61.25 operating a motor vehicle: 61.26 (1) in a grossly negligent manner; 61.27 (2) in a negligent manner while under the influence of: 61.28 (i) alcohol; 61.29 (ii) a controlled substance; or 61.30 (iii) any combination of those elements; 61.31 (3) while having an alcohol concentration of0.100.08 or 61.32 more; 61.33 (4) while having an alcohol concentration of0.100.08 or 61.34 more, as measured within two hours of the time of driving; 61.35 (5) while having an alcohol concentration of 0.04 or more 61.36 at the time of driving, or as measured within two hours of the 62.1 time of driving, if the person is under the age of 21 years at 62.2 the time of the violation; 62.3(5)(6) in a negligent manner while knowingly under the 62.4 influence of a hazardous substance; 62.5(6)(7) in a negligent manner while any amount of a 62.6 controlled substance listed in schedule I or II, other than 62.7 marijuana or tetrahydrocannabinols, is present in the person's 62.8 body; or 62.9(7)(8) where the driver who causes the accident leaves the 62.10 scene of the accident in violation of section 169.09, 62.11 subdivision 1 or 6. 62.12 Sec. 67. Minnesota Statutes 1996, section 609.21, 62.13 subdivision 2a, is amended to read: 62.14 Subd. 2a. [RESULTING IN SUBSTANTIAL BODILY HARM.] A person 62.15 is guilty of criminal vehicular operation resulting in 62.16 substantial bodily harm and may be sentenced to imprisonment of 62.17 not more than three years or to payment of a fine of not more 62.18 than $10,000, or both, if the person causes substantial bodily 62.19 harm to another, as a result of operating a motor vehicle; 62.20 (1) in a grossly negligent manner; 62.21 (2) in a negligent manner while under the influence of: 62.22 (i) alcohol; 62.23 (ii) a controlled substance; or 62.24 (iii) any combination of those elements; 62.25 (3) while having an alcohol concentration of0.100.08 or 62.26 more; 62.27 (4) while having an alcohol concentration of0.100.08 or 62.28 more, as measured within two hours of the time of driving; 62.29 (5) while having an alcohol concentration of 0.04 or more 62.30 at the time of driving, or as measured within two hours of the 62.31 time of driving, if the person is under the age of 21 years at 62.32 the time of the violation; 62.33(5)(6) in a negligent manner while knowingly under the 62.34 influence of a hazardous substance; 62.35(6)(7) in a negligent manner while any amount of a 62.36 controlled substance listed in schedule I or II, other than 63.1 marijuana or tetrahydrocannabinols, is present in the person's 63.2 body; or 63.3(7)(8) where the driver who causes the accident leaves the 63.4 scene of the accident in violation of section 169.09, 63.5 subdivision 1 or 6. 63.6 Sec. 68. Minnesota Statutes 1996, section 609.21, 63.7 subdivision 2b, is amended to read: 63.8 Subd. 2b. [RESULTING IN BODILY HARM.] A person is guilty 63.9 of criminal vehicular operation resulting in bodily harm and may 63.10 be sentenced to imprisonment for not more than one year or to 63.11 payment of a fine of not more than $3,000, or both, if the 63.12 person causes bodily harm to another, as a result of operating a 63.13 motor vehicle: 63.14 (1) in a grossly negligent manner; 63.15 (2) in a negligent manner while under the influence of: 63.16 (i) alcohol; 63.17 (ii) a controlled substance; or 63.18 (iii) any combination of those elements; 63.19 (3) while having an alcohol concentration of0.100.08 or 63.20 more; 63.21 (4) while having an alcohol concentration of0.100.08 or 63.22 more, as measured within two hours of the time of driving; 63.23 (5) while having an alcohol concentration of 0.04 or more 63.24 at the time of driving, or as measured within two hours of the 63.25 time of driving, if the person is under the age of 21 years at 63.26 the time of the violation; 63.27(5)(6) in a negligent manner while knowingly under the 63.28 influence of a hazardous substance; 63.29(6)(7) in a negligent manner while any amount of a 63.30 controlled substance listed in schedule I or II, other than 63.31 marijuana or tetrahydrocannabinols, is present in the person's 63.32 body; or 63.33(7)(8) where the driver who causes the accident leaves the 63.34 scene of the accident in violation of section 169.09, 63.35 subdivision 1 or 6. 63.36 Sec. 69. Minnesota Statutes 1996, section 609.21, 64.1 subdivision 3, is amended to read: 64.2 Subd. 3. [RESULTING IN DEATH TO AN UNBORN CHILD.] A person 64.3 is guilty of criminal vehicular operation resulting in death to 64.4 an unborn child and may be sentenced to imprisonment for not 64.5 more than ten years or to payment of a fine of not more than 64.6 $20,000, or both, if the person causes the death of an unborn 64.7 child as a result of operating a motor vehicle: 64.8 (1) in a grossly negligent manner; 64.9 (2) in a negligent manner while under the influence of: 64.10 (i) alcohol; 64.11 (ii) a controlled substance; or 64.12 (iii) any combination of those elements; 64.13 (3) while having an alcohol concentration of0.100.08 or 64.14 more; 64.15 (4) while having an alcohol concentration of0.100.08 or 64.16 more, as measured within two hours of the time of driving; 64.17 (5) while having an alcohol concentration of 0.04 or more 64.18 at the time of driving, or as measured within two hours of the 64.19 time of driving, if the person is under the age of 21 years at 64.20 the time of the violation; 64.21(5)(6) in a negligent manner while knowingly under the 64.22 influence of a hazardous substance; 64.23(6)(7) in a negligent manner while any amount of a 64.24 controlled substance listed in schedule I or II, other than 64.25 marijuana or tetrahydrocannabinols, is present in the person's 64.26 body; or 64.27(7)(8) where the driver who causes the accident leaves the 64.28 scene of the accident in violation of section 169.09, 64.29 subdivision 1 or 6. 64.30 A prosecution for or conviction of a crime under this 64.31 subdivision is not a bar to conviction of or punishment for any 64.32 other crime committed by the defendant as part of the same 64.33 conduct. 64.34 Sec. 70. Minnesota Statutes 1996, section 609.21, 64.35 subdivision 4, is amended to read: 64.36 Subd. 4. [RESULTING IN INJURY TO UNBORN CHILD.] A person 65.1 is guilty of criminal vehicular operation resulting in injury to 65.2 an unborn child and may be sentenced to imprisonment for not 65.3 more than five years or to payment of a fine of not more than 65.4 $10,000, or both, if the person causes great bodily harm to an 65.5 unborn child who is subsequently born alive, as a result of 65.6 operating a motor vehicle: 65.7 (1) in a grossly negligent manner; 65.8 (2) in a negligent manner while under the influence of: 65.9 (i) alcohol; 65.10 (ii) a controlled substance; or 65.11 (iii) any combination of those elements; 65.12 (3) while having an alcohol concentration of0.100.08 or 65.13 more; 65.14 (4) while having an alcohol concentration of0.100.08 or 65.15 more, as measured within two hours of the time of driving; 65.16 (5) while having an alcohol concentration of 0.04 or more 65.17 at the time of driving, or as measured within two hours of the 65.18 time of driving, if the person is under the age of 21 years at 65.19 the time of the violation; 65.20(5)(6) in a negligent manner while knowingly under the 65.21 influence of a hazardous substance; 65.22(6)(7) in a negligent manner while any amount of a 65.23 controlled substance listed in schedule I or II, other than 65.24 marijuana or tetrahydrocannabinols, is present in the person's 65.25 body; or 65.26(7)(8) where the driver who causes the accident leaves the 65.27 scene of the accident in violation of section 169.09, 65.28 subdivision 1 or 6. 65.29 A prosecution for or conviction of a crime under this 65.30 subdivision is not a bar to conviction of or punishment for any 65.31 other crime committed by the defendant as part of the same 65.32 conduct. 65.33 Sec. 71. Minnesota Statutes 1996, section 609.487, is 65.34 amended by adding a subdivision to read: 65.35 Subd. 2a. [MOTOR VEHICLE; DEFINITION.] "Motor vehicle" has 65.36 the meaning given in section 169.01, subdivision 3, and includes 66.1 off-road recreational vehicles as defined in section 169.01, 66.2 subdivision 84, and motorboats as defined in section 169.01, 66.3 subdivision 85. 66.4 Sec. 72. Minnesota Statutes 1996, section 634.15, 66.5 subdivision 2, is amended to read: 66.6 Subd. 2. [TESTIMONY AT TRIAL.] Except in civil 66.7 proceedings, including proceedings under section 169.123, an 66.8 accused person or the accused person's attorney may request, by 66.9 notifying the prosecuting attorney at least ten days before the 66.10 trial, that the following persons testify in person at the trial 66.11 on behalf of the state: 66.12 (a) A person who performed the laboratory analysis or 66.13 examination for the report described in subdivision 1, clause 66.14 (a); or 66.15 (b) A person who prepared the blood sample report described 66.16 in subdivision 1, clause (b). 66.17 If a petitioner in a proceeding under section 169.123 66.18 subpoenas a person described in paragraph (a) or (b) to testify 66.19 at the proceeding, the petitioner is not required to pay the 66.20 person witness fees under section 357.22 in excess of $100. 66.21 Sec. 73. [REVISOR'S INSTRUCTION.] 66.22 In each section of Minnesota Statutes referred to in column 66.23 A, the revisor of statutes shall delete the reference in column 66.24 B, and insert the reference in column C. 66.25 Column A Column B Column C 66.26 84.83 84.912 169.1217 66.27 84.927 84.912 169.1217 66.28 86B.305 86B.331 169.121 66.29 86B.811 86B.331 169.121 66.30 97B.065 86B.331, subd. 4 169.121, subd. 2 66.31 97B.066 86B.335, subds. 169.123, subds. 66.32 8, 9, and 10 2b, 2c, and 3 66.33 168.042, 169.121, subd. 3, 169.121, subd. 3, 66.34 subd. 2 para. (3), clause (4) para. (c), clause (5) 66.35 Sec. 74. [REPEALER.] 66.36 Minnesota Statutes 1996, sections 84.873; 84.91, 67.1 subdivisions 2, 3, 4, 5, 5a, 6, 7, and 8; 84.911, subdivisions 67.2 1, 2, 3, 4, 5, and 6; 84.912; 84.9254; 86B.331, subdivisions 2, 67.3 3, 4, 5, 5a, 6, 7, and 8; 86B.335, subdivisions 1, 2, 3, 4, 5, 67.4 6, 7, 8, 9, 10, 11, and 12; 86B.337; 97B.066, subdivision 6; and 67.5 169.121, subdivision 3a, are repealed. 67.6 Sec. 75. [EFFECTIVE DATE.] 67.7 Sections 1 to 74 are effective January 1, 1998, and apply 67.8 to violations occurring on or after that date. However, 67.9 violations occurring before January 1, 1998, which are listed in 67.10 Minnesota Statutes, section 169.121, subdivision 3, paragraph 67.11 (a), are considered prior impaired driving convictions or prior 67.12 license revocations for purposes of: determining conditional 67.13 release, long-term monitoring, criminal penalties, sentencing, 67.14 and administrative licensing sanctions for a person charged for 67.15 or convicted of a violation occurring on and after January 1, 67.16 1998. 67.17 Repeal of civil penalty payment and enforcement provisions 67.18 in Minnesota Statutes, sections 84.911 and 86B.335, applies only 67.19 to refusals occurring on or after January 1, 1998.