HF 1244

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes; prohibiting consideration of past 
  1.3             treatment for alcohol or controlled substance use for 
  1.4             purposes of driver's license sanctions; providing a 
  1.5             period of driver's license revocation for a person who 
  1.6             violates a "no alcohol" condition of a driver's 
  1.7             license; amending Minnesota Statutes 1998, sections 
  1.8             169.121, subdivision 4; 171.09; and 171.30, by adding 
  1.9             subdivisions. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1998, section 169.121, 
  1.12  subdivision 4, is amended to read: 
  1.13     Subd. 4.  [ADMINISTRATIVE PENALTIES LICENSE REVOCATION.] (a)
  1.14  The commissioner of public safety shall revoke the driver's 
  1.15  license of a person convicted of violating this section or an 
  1.16  ordinance in conformity with it as follows:  
  1.17     (1) for an offense under subdivision 1:  not less than 30 
  1.18  days; 
  1.19     (2) for an offense under subdivision 1a:  not less than 90 
  1.20  days; 
  1.21     (3) for an offense occurring within five years after a 
  1.22  prior impaired driving conviction or a prior license revocation, 
  1.23  or any time after two or more prior impaired driving convictions 
  1.24  or prior license revocations:  (i) if the current conviction is 
  1.25  for a violation of subdivision 1, not less than 180 days and 
  1.26  until the court has certified that treatment or rehabilitation 
  1.27  has been successfully completed where prescribed in accordance 
  2.1   with section 169.126; or (ii) if the current conviction is for a 
  2.2   violation of subdivision 1a, not less than one year and until 
  2.3   the court has certified that treatment or rehabilitation has 
  2.4   been successfully completed where prescribed in accordance with 
  2.5   section 169.126; 
  2.6      (4) for an offense occurring within five years after the 
  2.7   first of two prior impaired driving convictions or prior license 
  2.8   revocations:  not less than one year, together with denial under 
  2.9   section 171.04, subdivision 1, clause (9), until rehabilitation 
  2.10  is established in accordance with standards established by the 
  2.11  commissioner; 
  2.12     (5) for an offense occurring any time after three or more 
  2.13  prior impaired driving convictions or prior license 
  2.14  revocations:  not less than two years, together with denial 
  2.15  under section 171.04, subdivision 1, clause (9), until 
  2.16  rehabilitation is established in accordance with standards 
  2.17  established by the commissioner.  
  2.18     (b) If the person convicted of violating this section is 
  2.19  under the age of 21 years at the time of the violation, the 
  2.20  commissioner of public safety shall revoke the offender's 
  2.21  driver's license or operating privileges for a period of six 
  2.22  months or for the appropriate period of time under paragraph 
  2.23  (a), clauses (1) to (5), for the offense committed, whichever is 
  2.24  the greatest period.  
  2.25     (c) For purposes of this subdivision, a juvenile 
  2.26  adjudication under this section, section 169.129, an ordinance 
  2.27  in conformity with either of them, or a statute or ordinance 
  2.28  from another state in conformity with either of them is an 
  2.29  offense.  
  2.30     (d) Whenever department records show that the violation 
  2.31  involved personal injury or death to any person, not less than 
  2.32  90 additional days shall be added to the base periods provided 
  2.33  above.  
  2.34     (e) If the person is convicted of violating subdivision 1, 
  2.35  paragraph (f), the commissioner of public safety shall revoke 
  2.36  the person's driver's license for twice the period of time 
  3.1   otherwise provided for in this subdivision.  
  3.2      (f) Except for a person whose license has been revoked 
  3.3   under paragraph (b), and except for a person who commits a 
  3.4   violation described in subdivision 3, paragraph (c), clause (4), 
  3.5   (child endangerment), any person whose license has been revoked 
  3.6   pursuant to section 169.123 as the result of the same incident, 
  3.7   and who does not have a prior impaired driving conviction or 
  3.8   prior license revocation, is subject to the mandatory revocation 
  3.9   provisions of paragraph (a), clause (1) or (2), in lieu of the 
  3.10  mandatory revocation provisions of section 169.123. 
  3.11     (g) In determining whether treatment or rehabilitation has 
  3.12  been successfully completed or established under this section, 
  3.13  the commissioner may not consider whether or how many times the 
  3.14  person has previously attempted or completed treatment or 
  3.15  rehabilitation before the person's current treatment efforts. 
  3.16     Sec. 2.  Minnesota Statutes 1998, section 171.09, is 
  3.17  amended to read: 
  3.18     171.09 [COMMISSIONER MAY IMPOSE RESTRICTIONS.] 
  3.19     (a) The commissioner shall have the authority, when good 
  3.20  cause appears, to impose restrictions suitable to the licensee's 
  3.21  driving ability or such other restrictions applicable to the 
  3.22  licensee as the commissioner may determine to be appropriate to 
  3.23  assure the safe operation of a motor vehicle by the licensee.  
  3.24  The commissioner may, upon receiving satisfactory evidence of 
  3.25  any violation of the restrictions of the license, suspend or 
  3.26  revoke the license.  A license suspension under this section is 
  3.27  subject to section 171.18, subdivisions 2 and 3.  
  3.28     (b) A person who violates a driver's license restriction 
  3.29  imposed under this section, requiring that the person abstain 
  3.30  from alcohol and controlled substances as a condition of 
  3.31  licensure, is subject to the following periods of license 
  3.32  revocation: 
  3.33     (1) 90 days; or 
  3.34     (2) one year, if the violation occurred while the person 
  3.35  was driving, operating, or in control of a motor vehicle. 
  3.36     (c) It is unlawful for any person to operate a motor 
  4.1   vehicle in any manner in violation of the restrictions imposed 
  4.2   in a restricted license issued to that person.  
  4.3      Sec. 3.  Minnesota Statutes 1998, section 171.30, is 
  4.4   amended by adding a subdivision to read: 
  4.5      Subd. 2d.  [WAITING PERIOD FOR VIOLATION OF ALCOHOL 
  4.6   RESTRICTION.] If a person's driver's license or driving 
  4.7   privileges have been suspended, revoked, canceled, or denied for 
  4.8   violating a license restriction described in section 171.09, 
  4.9   paragraph (b), a limited license may not be issued for a period 
  4.10  of: 
  4.11     (1) 30 days; or 
  4.12     (2) 180 days, if the violation occurred while the person 
  4.13  was driving, operating, or in control of a motor vehicle. 
  4.14     Sec. 4.  Minnesota Statutes 1998, section 171.30, is 
  4.15  amended by adding a subdivision to read: 
  4.16     Subd. 2e.  [MAXIMUM WAITING PERIOD FOR IMPAIRED DRIVING 
  4.17  VIOLATION.] A person whose driver's license or driving 
  4.18  privileges have been suspended, revoked, canceled, or denied for 
  4.19  a violation of section 169.121, 169.123, 169.129, or 609.21, is 
  4.20  eligible for a limited license for any of the purposes in 
  4.21  subdivision 1, clauses (1) to (3), if the person demonstrates, 
  4.22  to the satisfaction of the commissioner, that the person has 
  4.23  successfully abstained from alcohol and controlled substances 
  4.24  during the previous year. 
  4.25     Sec. 5.  [EFFECTIVE DATE.] 
  4.26     Sections 1 to 4 are effective the day following final 
  4.27  enactment.