HF 1314

3rd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to transportation; enacting the 
  1.3             Implementation of the Federal Highway Transportation 
  1.4             Revenue Recovery Act; making a seat belt violation by 
  1.5             a minor a primary offense; reducing from 0.10 to 0.08 
  1.6             the per se alcohol concentration level for impairment 
  1.7             offenses involving driving a motor vehicle, criminal 
  1.8             vehicular homicide and injury, operating recreational 
  1.9             vehicles or watercraft, hunting, handling explosives, 
  1.10            or operating military vehicles while impaired; 
  1.11            amending Minnesota Statutes 2000, sections 97B.065, 
  1.12            subdivision 1; 97B.066, subdivision 1; 169.686, 
  1.13            subdivisions 1, 2; 169A.20, subdivision 1; 169A.51, 
  1.14            subdivision 1; 169A.52, subdivisions 2, 4, 7; 169A.53, 
  1.15            subdivision 3; 169A.54, subdivision 7; 169A.76; 
  1.16            171.20, subdivision 4; 192A.555; 609.21. 
  1.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.18                             ARTICLE 1
  1.19                    TRAFFIC SAFETY:  SEAT BELTS
  1.20     Section 1.  Minnesota Statutes 2000, section 169.686, 
  1.21  subdivision 1, is amended to read: 
  1.22     Subdivision 1.  [SEAT BELT REQUIREMENT.] (a) A properly 
  1.23  adjusted and fastened seat belt, including both the shoulder and 
  1.24  lap belt when the vehicle is so equipped, shall be worn by: 
  1.25     (1) the driver of a passenger vehicle or commercial motor 
  1.26  vehicle; 
  1.27     (2) a passenger riding in the front seat of a passenger 
  1.28  vehicle or commercial motor vehicle; and 
  1.29     (3) a passenger riding in any seat of a passenger vehicle 
  1.30  who is older than three at least four but younger than 11 18 
  1.31  years of age. 
  2.1      (b) A person who is 15 years of age or older and who 
  2.2   violates paragraph (a), clause (1) or (2), is subject to a fine 
  2.3   of $25.  The driver of the passenger vehicle or commercial motor 
  2.4   vehicle in which the violation occurred is subject to a $25 fine 
  2.5   for a violation of paragraph (a), clause (2) or (3), by a child 
  2.6   of the driver under the age of 15 18 or any child under the age 
  2.7   of 11.  A peace officer may not issue a citation for a violation 
  2.8   of this section unless the officer lawfully stopped or detained 
  2.9   the driver of the motor vehicle for (1) a violation of this 
  2.10  section by a person under age 18, or (2) a moving violation 
  2.11  other than a violation involving motor vehicle equipment.  The 
  2.12  department of public safety shall not record a violation of this 
  2.13  subdivision on a person's driving record. 
  2.14     Sec. 2.  Minnesota Statutes 2000, section 169.686, 
  2.15  subdivision 2, is amended to read: 
  2.16     Subd. 2.  [SEAT BELT EXEMPTIONS.] This section shall not 
  2.17  apply to: 
  2.18     (1) a person driving a passenger vehicle in reverse; 
  2.19     (2) a person riding in a seat in which all the seating 
  2.20  positions equipped with safety belts are occupied by other 
  2.21  persons; 
  2.22     (3) a person who is in possession of a written certificate 
  2.23  from a licensed physician verifying that because of medical 
  2.24  unfitness or physical disability the person is unable to wear a 
  2.25  seat belt; 
  2.26     (4) a person who is actually engaged in work that requires 
  2.27  the person to alight from and reenter a passenger vehicle at 
  2.28  frequent intervals and who, while engaged in that work, does not 
  2.29  drive or travel in that vehicle at a speed exceeding 25 miles 
  2.30  per hour; 
  2.31     (5) a rural mail carrier of the United States Postal 
  2.32  Service while in the performance of duties; 
  2.33     (6) a person driving or riding in a passenger vehicle 
  2.34  manufactured before January 1, 1965; and 
  2.35     (7) a person driving or riding in a pickup truck, as 
  2.36  defined in section 168.011, subdivision 29, while engaged in 
  3.1   normal farming work or activity. 
  3.2      Sec. 3.  [EFFECTIVE DATE.] 
  3.3      Section 1 is effective August 1, 2001, and applies to 
  3.4   violations committed on or after that date. 
  3.5                              ARTICLE 2
  3.6                  TRAFFIC SAFETY:  0.08 PER SE LIMIT
  3.7      Section 1.  Minnesota Statutes 2000, section 97B.065, 
  3.8   subdivision 1, is amended to read: 
  3.9      Subdivision 1.  [ACTS PROHIBITED.] (a) A person may not 
  3.10  take wild animals with a firearm or by archery:  
  3.11     (1) when the person is under the influence of alcohol; 
  3.12     (2) when the person is under the influence of a controlled 
  3.13  substance, as defined in section 152.01, subdivision 4; 
  3.14     (3) when the person is under the influence of a combination 
  3.15  of any two or more of the elements in clauses (1) and (2); 
  3.16     (4) when the person's alcohol concentration is 0.10 0.08 or 
  3.17  more; 
  3.18     (5) when the person's alcohol concentration as measured 
  3.19  within two hours of the time of taking is 0.10 0.08 or more; or 
  3.20     (6) when the person is knowingly under the influence of any 
  3.21  chemical compound or combination of chemical compounds that is 
  3.22  listed as a hazardous substance in rules adopted under section 
  3.23  182.655 and that affects the nervous system, brain, or muscles 
  3.24  of the person so as to substantially impair the person's ability 
  3.25  to operate a firearm or bow and arrow. 
  3.26     (b) An owner or other person having charge or control of a 
  3.27  firearm or bow and arrow may not authorize or permit an 
  3.28  individual the person knows or has reason to believe is under 
  3.29  the influence of alcohol or a controlled substance, as provided 
  3.30  under paragraph (a), to possess the firearm or bow and arrow in 
  3.31  this state or on a boundary water of this state. 
  3.32     Sec. 2.  Minnesota Statutes 2000, section 97B.066, 
  3.33  subdivision 1, is amended to read: 
  3.34     Subdivision 1.  [MANDATORY CHEMICAL TESTING.] A person who 
  3.35  takes wild animals with a bow or firearm in this state or on a 
  3.36  boundary water of this state is required, subject to the 
  4.1   provisions of this section, to take or submit to a test of the 
  4.2   person's blood, breath, or urine for the purpose of determining 
  4.3   the presence and amount of alcohol or a controlled substance.  
  4.4   The test shall be administered at the direction of an officer 
  4.5   authorized to make arrests under section 97B.065, subdivision 
  4.6   2.  Taking or submitting to the test is mandatory when requested 
  4.7   by an officer who has probable cause to believe the person was 
  4.8   hunting in violation of section 97B.065, subdivision 1, 
  4.9   paragraph (a), and one of the following conditions exists: 
  4.10     (1) the person has been lawfully placed under arrest for 
  4.11  violating section 97B.065, subdivision 1, paragraph (a); 
  4.12     (2) the person has been involved while hunting in an 
  4.13  accident resulting in property damage, personal injury, or 
  4.14  death; 
  4.15     (3) the person has refused to take the preliminary 
  4.16  screening test provided for in section 97B.065, subdivision 3; 
  4.17  or 
  4.18     (4) the screening test was administered and indicated an 
  4.19  alcohol concentration of 0.10 0.08 or more. 
  4.20     Sec. 3.  Minnesota Statutes 2000, section 169A.20, 
  4.21  subdivision 1, is amended to read: 
  4.22     Subdivision 1.  [DRIVING WHILE IMPAIRED CRIME.] It is a 
  4.23  crime for any person to drive, operate, or be in physical 
  4.24  control of any motor vehicle within this state or on any 
  4.25  boundary water of this state: 
  4.26     (1) when the person is under the influence of alcohol; 
  4.27     (2) when the person is under the influence of a controlled 
  4.28  substance; 
  4.29     (3) when the person is knowingly under the influence of a 
  4.30  hazardous substance that affects the nervous system, brain, or 
  4.31  muscles of the person so as to substantially impair the person's 
  4.32  ability to drive or operate the motor vehicle; 
  4.33     (4) when the person is under the influence of a combination 
  4.34  of any two or more of the elements named in clauses (1), (2), 
  4.35  and (3); 
  4.36     (5) when the person's alcohol concentration at the time, or 
  5.1   as measured within two hours of the time, of driving, operating, 
  5.2   or being in physical control of the motor vehicle is 0.10 0.08 
  5.3   or more; 
  5.4      (6) when the vehicle is a commercial motor vehicle and the 
  5.5   person's alcohol concentration at the time, or as measured 
  5.6   within two hours of the time, of driving, operating, or being in 
  5.7   physical control of the commercial motor vehicle is 0.04 or 
  5.8   more; or 
  5.9      (7) when the person's body contains any amount of a 
  5.10  controlled substance listed in schedule I or II other than 
  5.11  marijuana or tetrahydrocannabinols. 
  5.12     Sec. 4.  Minnesota Statutes 2000, section 169A.51, 
  5.13  subdivision 1, is amended to read: 
  5.14     Subdivision 1.  [IMPLIED CONSENT; CONDITIONS; ELECTION OF 
  5.15  TEST.] (a) Any person who drives, operates, or is in physical 
  5.16  control of a motor vehicle within this state or on any boundary 
  5.17  water of this state consents, subject to the provisions of 
  5.18  sections 169A.50 to 169A.53 (implied consent law), and section 
  5.19  169A.20 (driving while impaired), to a chemical test of that 
  5.20  person's blood, breath, or urine for the purpose of determining 
  5.21  the presence of alcohol, controlled substances, or hazardous 
  5.22  substances.  The test must be administered at the direction of a 
  5.23  peace officer. 
  5.24     (b) The test may be required of a person when an officer 
  5.25  has probable cause to believe the person was driving, operating, 
  5.26  or in physical control of a motor vehicle in violation of 
  5.27  section 169A.20 (driving while impaired), and one of the 
  5.28  following conditions exist: 
  5.29     (1) the person has been lawfully placed under arrest for 
  5.30  violation of section 169A.20 or an ordinance in conformity with 
  5.31  it; 
  5.32     (2) the person has been involved in a motor vehicle 
  5.33  accident or collision resulting in property damage, personal 
  5.34  injury, or death; 
  5.35     (3) the person has refused to take the screening test 
  5.36  provided for by section 169A.41 (preliminary screening test); or 
  6.1      (4) the screening test was administered and indicated an 
  6.2   alcohol concentration of 0.10 0.08 or more. 
  6.3      (c) The test may also be required of a person when an 
  6.4   officer has probable cause to believe the person was driving, 
  6.5   operating, or in physical control of a commercial motor vehicle 
  6.6   with the presence of any alcohol. 
  6.7      Sec. 5.  Minnesota Statutes 2000, section 169A.52, 
  6.8   subdivision 2, is amended to read: 
  6.9      Subd. 2.  [REPORTING TEST FAILURE.] If a person submits to 
  6.10  a test, the results of that test must be reported to the 
  6.11  commissioner and to the authority having responsibility for 
  6.12  prosecution of impaired driving offenses for the jurisdiction in 
  6.13  which the acts occurred, if the test results indicate: 
  6.14     (1) an alcohol concentration of 0.10 0.08 or more; 
  6.15     (2) an alcohol concentration of 0.04 or more, if the person 
  6.16  was driving, operating, or in physical control of a commercial 
  6.17  motor vehicle at the time of the violation; or 
  6.18     (3) the presence of a controlled substance listed in 
  6.19  schedule I or II, other than marijuana or tetrahydrocannabinols. 
  6.20     Sec. 6.  Minnesota Statutes 2000, section 169A.52, 
  6.21  subdivision 4, is amended to read: 
  6.22     Subd. 4.  [TEST FAILURE; LICENSE REVOCATION.] (a) Upon 
  6.23  certification by the peace officer that there existed probable 
  6.24  cause to believe the person had been driving, operating, or in 
  6.25  physical control of a motor vehicle in violation of section 
  6.26  169A.20 (driving while impaired) and that the person submitted 
  6.27  to a test and the test results indicate an alcohol concentration 
  6.28  of 0.10 0.08 or more or the presence of a controlled substance 
  6.29  listed in schedule I or II, other than marijuana or 
  6.30  tetrahydrocannabinols, then the commissioner shall revoke the 
  6.31  person's license or permit to drive, or nonresident operating 
  6.32  privilege: 
  6.33     (1) for a period of 90 days; 
  6.34     (2) if the person is under the age of 21 years, for a 
  6.35  period of six months; 
  6.36     (3) for a person with a qualified prior impaired driving 
  7.1   incident within the past ten years, for a period of 180 days; or 
  7.2      (4) if the test results indicate an alcohol concentration 
  7.3   of 0.20 or more, for twice the applicable period in clauses (1) 
  7.4   to (3). 
  7.5      (b) On certification by the peace officer that there 
  7.6   existed probable cause to believe the person had been driving, 
  7.7   operating, or in physical control of a commercial motor vehicle 
  7.8   with any presence of alcohol and that the person submitted to a 
  7.9   test and the test results indicated an alcohol concentration of 
  7.10  0.04 or more, the commissioner shall disqualify the person from 
  7.11  operating a commercial motor vehicle under section 171.165 
  7.12  (commercial driver's license disqualification). 
  7.13     Sec. 7.  Minnesota Statutes 2000, section 169A.52, 
  7.14  subdivision 7, is amended to read: 
  7.15     Subd. 7.  [TEST REFUSAL; DRIVING PRIVILEGE LOST.] (a) On 
  7.16  behalf of the commissioner, a peace officer requiring a test or 
  7.17  directing the administration of a chemical test shall serve 
  7.18  immediate notice of intention to revoke and of revocation on a 
  7.19  person who refuses to permit a test or on a person who submits 
  7.20  to a test the results of which indicate an alcohol concentration 
  7.21  of 0.10 0.08 or more. 
  7.22     (b) On behalf of the commissioner, a peace officer 
  7.23  requiring a test or directing the administration of a chemical 
  7.24  test of a person driving, operating, or in physical control of a 
  7.25  commercial motor vehicle shall serve immediate notice of 
  7.26  intention to disqualify and of disqualification on a person who 
  7.27  refuses to permit a test, or on a person who submits to a test 
  7.28  the results of which indicate an alcohol concentration of 0.04 
  7.29  or more. 
  7.30     (c) The officer shall either: 
  7.31     (1) take the driver's license or permit, if any, send it to 
  7.32  the commissioner along with the certificate required by 
  7.33  subdivision 3 or 4, and issue a temporary license effective only 
  7.34  for seven days; or 
  7.35     (2) invalidate the driver's license or permit in such a way 
  7.36  that no identifying information is destroyed. 
  8.1      Sec. 8.  Minnesota Statutes 2000, section 169A.53, 
  8.2   subdivision 3, is amended to read: 
  8.3      Subd. 3.  [HEARING; ISSUES; ORDER; APPEAL.] (a) A judicial 
  8.4   review hearing under this section must be before a district 
  8.5   judge in any county in the judicial district where the alleged 
  8.6   offense occurred.  The hearing is to the court and may be 
  8.7   conducted at the same time and in the same manner as hearings 
  8.8   upon pretrial motions in the criminal prosecution under section 
  8.9   169A.20 (driving while impaired), if any.  The hearing must be 
  8.10  recorded.  The commissioner shall appear and be represented by 
  8.11  the attorney general or through the prosecuting authority for 
  8.12  the jurisdiction involved.  The hearing must be held at the 
  8.13  earliest practicable date, and in any event no later than 60 
  8.14  days following the filing of the petition for review.  The 
  8.15  judicial district administrator shall establish procedures to 
  8.16  ensure efficient compliance with this subdivision.  To 
  8.17  accomplish this, the administrator may, whenever possible, 
  8.18  consolidate and transfer review hearings among the locations 
  8.19  within the judicial district where terms of district court are 
  8.20  held. 
  8.21     (b) The scope of the hearing is limited to the issues in 
  8.22  clauses (1) to (10): 
  8.23     (1) Did the peace officer have probable cause to believe 
  8.24  the person was driving, operating, or in physical control of a 
  8.25  motor vehicle or commercial motor vehicle in violation of 
  8.26  section 169A.20 (driving while impaired)? 
  8.27     (2) Was the person lawfully placed under arrest for 
  8.28  violation of section 169A.20? 
  8.29     (3) Was the person involved in a motor vehicle accident or 
  8.30  collision resulting in property damage, personal injury, or 
  8.31  death? 
  8.32     (4) Did the person refuse to take a screening test provided 
  8.33  for by section 169A.41 (preliminary screening test)? 
  8.34     (5) If the screening test was administered, did the test 
  8.35  indicate an alcohol concentration of 0.10 0.08 or more? 
  8.36     (6) At the time of the request for the test, did the peace 
  9.1   officer inform the person of the person's rights and the 
  9.2   consequences of taking or refusing the test as required by 
  9.3   section 169A.51, subdivision 2? 
  9.4      (7) Did the person refuse to permit the test? 
  9.5      (8) If a test was taken by a person driving, operating, or 
  9.6   in physical control of a motor vehicle, did the test results 
  9.7   indicate at the time of testing: 
  9.8      (i) an alcohol concentration of 0.10 0.08 or more; or 
  9.9      (ii) the presence of a controlled substance listed in 
  9.10  schedule I or II, other than marijuana or tetrahydrocannabinols? 
  9.11     (9) If a test was taken by a person driving, operating, or 
  9.12  in physical control of a commercial motor vehicle, did the test 
  9.13  results indicate an alcohol concentration of 0.04 or more at the 
  9.14  time of testing? 
  9.15     (10) Was the testing method used valid and reliable and 
  9.16  were the test results accurately evaluated? 
  9.17     (c) It is an affirmative defense for the petitioner to 
  9.18  prove that, at the time of the refusal, the petitioner's refusal 
  9.19  to permit the test was based upon reasonable grounds. 
  9.20     (d) Certified or otherwise authenticated copies of 
  9.21  laboratory or medical personnel reports, records, documents, 
  9.22  licenses, and certificates are admissible as substantive 
  9.23  evidence. 
  9.24     (e) The court shall order that the revocation or 
  9.25  disqualification be either rescinded or sustained and forward 
  9.26  the order to the commissioner.  The court shall file its order 
  9.27  within 14 days following the hearing.  If the revocation or 
  9.28  disqualification is sustained, the court shall also forward the 
  9.29  person's driver's license or permit to the commissioner for 
  9.30  further action by the commissioner if the license or permit is 
  9.31  not already in the commissioner's possession. 
  9.32     (f) Any party aggrieved by the decision of the reviewing 
  9.33  court may appeal the decision as provided in the rules of 
  9.34  appellate procedure. 
  9.35     Sec. 9.  Minnesota Statutes 2000, section 169A.54, 
  9.36  subdivision 7, is amended to read: 
 10.1      Subd. 7.  [ALCOHOL-RELATED COMMERCIAL VEHICLE DRIVING 
 10.2   VIOLATIONS.] (a) The administrative penalties described in 
 10.3   subdivision 1 do not apply to violations of section 169A.20, 
 10.4   subdivision 1 (driving while impaired crime), by a person 
 10.5   operating a commercial motor vehicle unless the person's alcohol 
 10.6   concentration as measured at the time, or within two hours of 
 10.7   the time, of the operation was 0.10 0.08 or more or the person 
 10.8   violates section 169A.20, subdivision 1, clauses (1) to (4) or 
 10.9   (7). 
 10.10     (b) The commissioner shall disqualify a person from 
 10.11  operating a commercial motor vehicle as provided under section 
 10.12  171.165 (commercial driver's license, disqualification), on 
 10.13  receipt of a record of conviction for a violation of section 
 10.14  169A.20.  
 10.15     (c) A person driving, operating, or in physical control of 
 10.16  a commercial motor vehicle with any presence of alcohol is 
 10.17  prohibited from operating a commercial motor vehicle for 24 
 10.18  hours from issuance of an out-of-service order. 
 10.19     Sec. 10.  Minnesota Statutes 2000, section 169A.76, is 
 10.20  amended to read: 
 10.21     169A.76 [CIVIL ACTION; PUNITIVE DAMAGES.] 
 10.22     (a) In a civil action involving a motor vehicle accident, 
 10.23  it is sufficient for the trier of fact to consider an award of 
 10.24  punitive damages if there is evidence that the accident was 
 10.25  caused by a driver: 
 10.26     (1) with an alcohol concentration of 0.10 0.08 or more; 
 10.27     (2) who was under the influence of a controlled substance; 
 10.28     (3) who was under the influence of alcohol and refused to 
 10.29  take a test required under section 169A.51 (chemical tests for 
 10.30  intoxication); or 
 10.31     (4) who was knowingly under the influence of a hazardous 
 10.32  substance that substantially affects the person's nervous 
 10.33  system, brain, or muscles so as to impair the person's ability 
 10.34  to drive or operate a motor vehicle. 
 10.35     (b) A criminal charge or conviction is not a prerequisite 
 10.36  to consideration of punitive damages under this section.  At the 
 11.1   trial in an action where the trier of fact will consider an 
 11.2   award of punitive damages, evidence that the driver has been 
 11.3   convicted of violating section 169A.20 (driving while impaired) 
 11.4   or 609.21 (criminal vehicular homicide and injury) is admissible 
 11.5   into evidence. 
 11.6      Sec. 11.  Minnesota Statutes 2000, section 171.20, 
 11.7   subdivision 4, is amended to read: 
 11.8      Subd. 4.  [REINSTATEMENT FEE.] Before the license is 
 11.9   reinstated, a person whose driver's license has been suspended 
 11.10  under section 171.16, subdivision 2; 171.18, except subdivision 
 11.11  1, clause (10); or 171.182, or who has been disqualified from 
 11.12  holding a commercial driver's license under section 171.165, 
 11.13  must pay a fee of $20 $22.50.  When fees are collected by a 
 11.14  licensing agent appointed under section 171.061, a handling 
 11.15  charge is imposed in the amount specified under section 171.061, 
 11.16  subdivision 4.  The reinstatement fee and surcharge must be 
 11.17  deposited in an approved state depository as directed under 
 11.18  section 171.061, subdivision 4.  A suspension may be rescinded 
 11.19  without fee for good cause. 
 11.20     Sec. 12.  Minnesota Statutes 2000, section 192A.555, is 
 11.21  amended to read: 
 11.22     192A.555 [DRUNKEN OR RECKLESS DRIVING.] 
 11.23     Any person subject to this code who drives, operates or is 
 11.24  in actual physical control of any vehicle or aircraft while 
 11.25  under the influence of an alcoholic beverage or narcotic drug or 
 11.26  a combination thereof or whose blood contains 0.10 0.08 percent 
 11.27  or more by weight of alcohol or who operates said vehicle or 
 11.28  aircraft in a reckless or wanton manner, shall be punished as a 
 11.29  court-martial may direct.  Chemical and other tests for 
 11.30  intoxication shall be made only in accordance with rules issued 
 11.31  under this code. 
 11.32     Sec. 13.  Minnesota Statutes 2000, section 609.21, is 
 11.33  amended to read: 
 11.34     609.21 [CRIMINAL VEHICULAR HOMICIDE AND INJURY.] 
 11.35     Subdivision 1.  [CRIMINAL VEHICULAR HOMICIDE.] A person is 
 11.36  guilty of criminal vehicular homicide resulting in death and may 
 12.1   be sentenced to imprisonment for not more than ten years or to 
 12.2   payment of a fine of not more than $20,000, or both, if the 
 12.3   person causes the death of a human being not constituting murder 
 12.4   or manslaughter as a result of operating a motor vehicle: 
 12.5      (1) in a grossly negligent manner; 
 12.6      (2) in a negligent manner while under the influence of: 
 12.7      (i) alcohol; 
 12.8      (ii) a controlled substance; or 
 12.9      (iii) any combination of those elements; 
 12.10     (3) while having an alcohol concentration of 0.10 0.08 or 
 12.11  more; 
 12.12     (4) while having an alcohol concentration of 0.10 0.08 or 
 12.13  more, as measured within two hours of the time of driving; 
 12.14     (5) in a negligent manner while knowingly under the 
 12.15  influence of a hazardous substance; 
 12.16     (6) in a negligent manner while any amount of a controlled 
 12.17  substance listed in schedule I or II, other than marijuana or 
 12.18  tetrahydrocannabinols, is present in the person's body; or 
 12.19     (7) where the driver who causes the accident leaves the 
 12.20  scene of the accident in violation of section 169.09, 
 12.21  subdivision 1 or 6. 
 12.22     Subd. 2.  [RESULTING IN GREAT BODILY HARM.] A person is 
 12.23  guilty of criminal vehicular operation resulting in great bodily 
 12.24  harm and may be sentenced to imprisonment for not more than five 
 12.25  years or to payment of a fine of not more than $10,000, or both, 
 12.26  if the person causes great bodily harm to another, not 
 12.27  constituting attempted murder or assault, as a result of 
 12.28  operating a motor vehicle: 
 12.29     (1) in a grossly negligent manner; 
 12.30     (2) in a negligent manner while under the influence of: 
 12.31     (i) alcohol; 
 12.32     (ii) a controlled substance; or 
 12.33     (iii) any combination of those elements; 
 12.34     (3) while having an alcohol concentration of 0.10 0.08 or 
 12.35  more; 
 12.36     (4) while having an alcohol concentration of 0.10 0.08 or 
 13.1   more, as measured within two hours of the time of driving; 
 13.2      (5) in a negligent manner while knowingly under the 
 13.3   influence of a hazardous substance; 
 13.4      (6) in a negligent manner while any amount of a controlled 
 13.5   substance listed in schedule I or II, other than marijuana or 
 13.6   tetrahydrocannabinols, is present in the person's body; or 
 13.7      (7) where the driver who causes the accident leaves the 
 13.8   scene of the accident in violation of section 169.09, 
 13.9   subdivision 1 or 6. 
 13.10     Subd. 2a.  [RESULTING IN SUBSTANTIAL BODILY HARM.] A person 
 13.11  is guilty of criminal vehicular operation resulting in 
 13.12  substantial bodily harm and may be sentenced to imprisonment of 
 13.13  not more than three years or to payment of a fine of not more 
 13.14  than $10,000, or both, if the person causes substantial bodily 
 13.15  harm to another, as a result of operating a motor vehicle; 
 13.16     (1) in a grossly negligent manner; 
 13.17     (2) in a negligent manner while under the influence of: 
 13.18     (i) alcohol; 
 13.19     (ii) a controlled substance; or 
 13.20     (iii) any combination of those elements; 
 13.21     (3) while having an alcohol concentration of 0.10 0.08 or 
 13.22  more; 
 13.23     (4) while having an alcohol concentration of 0.10 0.08 or 
 13.24  more, as measured within two hours of the time of driving; 
 13.25     (5) in a negligent manner while knowingly under the 
 13.26  influence of a hazardous substance; 
 13.27     (6) in a negligent manner while any amount of a controlled 
 13.28  substance listed in schedule I or II, other than marijuana or 
 13.29  tetrahydrocannabinols, is present in the person's body; or 
 13.30     (7) where the driver who causes the accident leaves the 
 13.31  scene of the accident in violation of section 169.09, 
 13.32  subdivision 1 or 6. 
 13.33     Subd. 2b.  [RESULTING IN BODILY HARM.] A person is guilty 
 13.34  of criminal vehicular operation resulting in bodily harm and may 
 13.35  be sentenced to imprisonment for not more than one year or to 
 13.36  payment of a fine of not more than $3,000, or both, if the 
 14.1   person causes bodily harm to another, as a result of operating a 
 14.2   motor vehicle: 
 14.3      (1) in a grossly negligent manner; 
 14.4      (2) in a negligent manner while under the influence of: 
 14.5      (i) alcohol; 
 14.6      (ii) a controlled substance; or 
 14.7      (iii) any combination of those elements; 
 14.8      (3) while having an alcohol concentration of 0.10 0.08 or 
 14.9   more; 
 14.10     (4) while having an alcohol concentration of 0.10 0.08 or 
 14.11  more, as measured within two hours of the time of driving; 
 14.12     (5) in a negligent manner while knowingly under the 
 14.13  influence of a hazardous substance; 
 14.14     (6) in a negligent manner while any amount of a controlled 
 14.15  substance listed in schedule I or II, other than marijuana or 
 14.16  tetrahydrocannabinols, is present in the person's body; or 
 14.17     (7) where the driver who causes the accident leaves the 
 14.18  scene of the accident in violation of section 169.09, 
 14.19  subdivision 1 or 6. 
 14.20     Subd. 3.  [RESULTING IN DEATH TO AN UNBORN CHILD.] A person 
 14.21  is guilty of criminal vehicular operation resulting in death to 
 14.22  an unborn child and may be sentenced to imprisonment for not 
 14.23  more than ten years or to payment of a fine of not more than 
 14.24  $20,000, or both, if the person causes the death of an unborn 
 14.25  child as a result of operating a motor vehicle: 
 14.26     (1) in a grossly negligent manner; 
 14.27     (2) in a negligent manner while under the influence of: 
 14.28     (i) alcohol; 
 14.29     (ii) a controlled substance; or 
 14.30     (iii) any combination of those elements; 
 14.31     (3) while having an alcohol concentration of 0.10 0.08 or 
 14.32  more; 
 14.33     (4) while having an alcohol concentration of 0.10 0.08 or 
 14.34  more, as measured within two hours of the time of driving; 
 14.35     (5) in a negligent manner while knowingly under the 
 14.36  influence of a hazardous substance; 
 15.1      (6) in a negligent manner while any amount of a controlled 
 15.2   substance listed in schedule I or II, other than marijuana or 
 15.3   tetrahydrocannabinols, is present in the person's body; or 
 15.4      (7) where the driver who causes the accident leaves the 
 15.5   scene of the accident in violation of section 169.09, 
 15.6   subdivision 1 or 6.  
 15.7      A prosecution for or conviction of a crime under this 
 15.8   subdivision is not a bar to conviction of or punishment for any 
 15.9   other crime committed by the defendant as part of the same 
 15.10  conduct. 
 15.11     Subd. 4.  [RESULTING IN INJURY TO UNBORN CHILD.] A person 
 15.12  is guilty of criminal vehicular operation resulting in injury to 
 15.13  an unborn child and may be sentenced to imprisonment for not 
 15.14  more than five years or to payment of a fine of not more than 
 15.15  $10,000, or both, if the person causes great bodily harm to an 
 15.16  unborn child who is subsequently born alive, as a result of 
 15.17  operating a motor vehicle: 
 15.18     (1) in a grossly negligent manner; 
 15.19     (2) in a negligent manner while under the influence of:  
 15.20     (i) alcohol; 
 15.21     (ii) a controlled substance; or 
 15.22     (iii) any combination of those elements; 
 15.23     (3) while having an alcohol concentration of 0.10 0.08 or 
 15.24  more; 
 15.25     (4) while having an alcohol concentration of 0.10 0.08 or 
 15.26  more, as measured within two hours of the time of driving; 
 15.27     (5) in a negligent manner while knowingly under the 
 15.28  influence of a hazardous substance; 
 15.29     (6) in a negligent manner while any amount of a controlled 
 15.30  substance listed in schedule I or II, other than marijuana or 
 15.31  tetrahydrocannabinols, is present in the person's body; or 
 15.32     (7) where the driver who causes the accident leaves the 
 15.33  scene of the accident in violation of section 169.09, 
 15.34  subdivision 1 or 6.  
 15.35     A prosecution for or conviction of a crime under this 
 15.36  subdivision is not a bar to conviction of or punishment for any 
 16.1   other crime committed by the defendant as part of the same 
 16.2   conduct. 
 16.3      Subd. 4a.  [AFFIRMATIVE DEFENSE.] It shall be an 
 16.4   affirmative defense to a charge under subdivision 1, clause (6); 
 16.5   2, clause (6); 2a, clause (6); 2b, clause (6); 3, clause (6); or 
 16.6   4, clause (6), that the defendant used the controlled substance 
 16.7   according to the terms of a prescription issued for the 
 16.8   defendant in accordance with sections 152.11 and 152.12. 
 16.9      Subd. 5.  [DEFINITIONS.] For purposes of this section, the 
 16.10  terms defined in this subdivision have the meanings given them. 
 16.11     (a) "Motor vehicle" has the meaning given in section 
 16.12  609.52, subdivision 1. 
 16.13     (b) "Controlled substance" has the meaning given in section 
 16.14  152.01, subdivision 4. 
 16.15     (c) "Hazardous substance" means any chemical or chemical 
 16.16  compound that is listed as a hazardous substance in rules 
 16.17  adopted under chapter 182. 
 16.18     Sec. 14.  [FISCAL PROVISIONS.] 
 16.19     Any increased costs incurred by the attorney general as a 
 16.20  result of this act must be absorbed internally within the 
 16.21  attorney general's appropriations and must not be treated as a 
 16.22  base adjustment for fiscal years 2004 and 2005. 
 16.23     Sec. 15.  [EFFECTIVE DATE.] 
 16.24     Sections 1 to 10, 12, and 13 are effective August 1, 2001, 
 16.25  and apply to offenses committed on or after that date.  Section 
 16.26  11 is effective July 1, 2001.