Minnesota Legislature
HF 1335
as introduced - 88th Legislature (2013 - 2014) Posted on 03/06/2014 03:24pm
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A bill for an act
relating to public safety; traffic regulations; clarifying requirements pertaining to
collisions; making a terminology change; amending Minnesota Statutes 2012,
sections 169.09; 609.21, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2012, section 169.09, is amended to read:
169.09 deleted text begin ACCIDENTSdeleted text end new text begin COLLISIONSnew text end .
Subdivision 1.
Driver to stop for deleted text begin accidentdeleted text end new text begin collisionnew text end with individual.
The driver
of any motor vehicle involved in deleted text begin an accident resulting in immediately demonstrable
bodily injury to or death of any individualdeleted text end new text begin a collisionnew text end shall immediately stop the vehicle
at the scene of the deleted text begin accidentdeleted text end new text begin collisionnew text end , or as close to the scene as possible deleted text begin but shall then
return todeleted text end new text begin ,new text end andnew text begin reasonably investigate what was struck. If the driver knows or has reason
to know the collision resulted in injury to or death of any individual, the drivernew text end in every
event shall remain at the scene of the deleted text begin accident,deleted text end new text begin collisionnew text end until the driver has fulfilled
the requirements of this section as to the giving of information. The stop must be made
without unnecessarily obstructing traffic.
Subd. 2.
Driver to stop for deleted text begin accident to propertydeleted text end new text begin collision with attended vehiclenew text end .
The driver of any motor vehicle involved in deleted text begin an accident to a vehicle driven or attended
by any individualdeleted text end new text begin a collision new text end shall immediately stop the motor vehicle at the scene of the
deleted text begin accidentdeleted text end new text begin collisionnew text end , or as close to the deleted text begin accidentdeleted text end new text begin collisionnew text end as possible deleted text begin but shall forthwith
return todeleted text end new text begin ,new text end andnew text begin reasonably investigate what was struck. If the driver knows or has reason to
know the collision involves damage to a vehicle driven or attended by an individual, the
drivernew text end in every event shall remain at the scene of the deleted text begin accident,deleted text end new text begin collisionnew text end until the driver has
fulfilled the requirements of this section as to the giving of information. The stop must be
made without unnecessarily obstructing traffic.
Subd. 3.
Driver to give information.
(a) The driver of any motor vehicle involved
in deleted text begin an accident resultingdeleted text end new text begin a collision the driver knows or has reason to know resultsnew text end in
bodily injury to or death of any individual, or damage to any vehicle driven or attended by
any individual, shall deleted text begin stop anddeleted text end give the driver's name, address, and date of birth and the
registration plate number of the vehicle being driven. The driver shall, upon request and if
available, exhibit the driver's license or permit to drive to the individual struck or the driver
or occupant of or individual attending any vehicle collided with. The driver also shall give
the information and upon request exhibit the license or permit to any peace officer at the
scene of the deleted text begin accidentdeleted text end new text begin collisionnew text end or who is investigating the deleted text begin accidentdeleted text end new text begin collisionnew text end . The driver
shall render reasonable assistance to any individual injured in the deleted text begin accidentdeleted text end new text begin collisionnew text end .
(b) If not given at the scene of the deleted text begin accidentdeleted text end new text begin collisionnew text end , the driver, within 72 hours after
the accident, shall give, on request to any individual involved in the deleted text begin accidentdeleted text end new text begin collisionnew text end or
to a peace officer investigating the deleted text begin accidentdeleted text end new text begin collisionnew text end , the name and address of the insurer
providing vehicle liability insurance coverage, and the local insurance agent for the insurer.
Subd. 4.
Collision with unattended vehicle.
The driver of any motor vehicle deleted text begin that
collides with and damages any vehicle that is unattendeddeleted text end new text begin involved in a collisionnew text end shall
immediately stop new text begin the vehicle at the scene of the collision, or as close to the scene as
possible, new text end andnew text begin reasonably investigate what was struck. If the driver knows or has reason to
know the collision resulted in damage to any unattended vehicle, the driver mustnew text end either
locate and notify the driver or owner of the vehicle of the name and address of the driver
and registered owner of the vehicle striking the unattended vehicle, deleted text begin shalldeleted text end report this
same information to a peace officer, or deleted text begin shalldeleted text end leave in a conspicuous place in or secured
to the vehicle struck, a written notice giving the name and address of the driver and of
the registered owner of the vehicle doing the striking.new text begin The stop must be made without
unnecessarily obstructing traffic.
new text end
Subd. 5.
Notify owner of damaged property.
new text begin If new text end the driver of any vehicle involved
in deleted text begin an accident resultingdeleted text end new text begin a collision knows or has reason to know the collision resulted
new text end only in damage to fixtures legally upon or adjacent to a highwaynew text begin , the drivernew text end shall take
reasonable steps to locate and notify the owner or person in charge of the property of that
fact, of the driver's name and address, and of the registration plate number of the vehicle
being driven and shall, upon request and if available, exhibit the driver's license, and make
report of the deleted text begin accidentdeleted text end new text begin collisionnew text end in every case. The report must be made in the same manner
as a report made pursuant to subdivision 7.
Subd. 5a.
Driver deemed agent of owner.
Whenever any motor vehicle shall be
operated within this state, by any person other than the owner, with the consent of the
owner, express or implied, the operator thereof shall in case of deleted text begin accident,deleted text end new text begin a collisionnew text end be
deemed the agent of the owner of such motor vehicle in the operation thereof.
Subd. 6.
Notice of personal injury.
The driver of a vehicle involved in deleted text begin an accident
deleted text end new text begin a collisionnew text end resulting in bodily injury to or death of any individual shall, after compliance
with this section and by the quickest means of communication, give notice of the
deleted text begin accidentdeleted text end new text begin collisionnew text end to the local police department if the deleted text begin accidentdeleted text end new text begin collisionnew text end occurs within a
municipality, to a State Patrol officer if the deleted text begin accidentdeleted text end new text begin collisionnew text end occurs on a trunk highway,
or to the office of the sheriff of the county.
Subd. 7.
deleted text begin Accidentdeleted text end new text begin Collisionnew text end report to commissioner.
(a) The driver of a vehicle
involved in deleted text begin an accidentdeleted text end new text begin a collisionnew text end resulting in bodily injury to or death of any individual
or total property damage to an apparent extent of $1,000 or more, shall forward a written
report of the deleted text begin accidentdeleted text end new text begin collisionnew text end to the commissioner of public safety within ten days of
the deleted text begin accidentdeleted text end new text begin collisionnew text end . On the required report, the driver shall provide the commissioner
with the name and policy number of the insurer providing vehicle liability insurance
coverage at the time of the deleted text begin accidentdeleted text end new text begin collisionnew text end .
(b) On determining that the original report of any driver of a vehicle involved in deleted text begin an
accidentdeleted text end new text begin a collisionnew text end of which report must be made as provided in this section is insufficient,
the commissioner of public safety may require the driver to file supplementary information.
Subd. 8.
Officer to report deleted text begin accidentdeleted text end new text begin collisionnew text end to commissioner.
A peace officer
who, in the regular course of duty, investigates deleted text begin an accidentdeleted text end new text begin a collisionnew text end that must be
reported under this section shall, within ten days after the date of the deleted text begin accidentdeleted text end new text begin collisionnew text end ,
forward an electronic or written report of the deleted text begin accidentdeleted text end new text begin collisionnew text end as prescribed by the
commissioner of public safety.
Subd. 9.
deleted text begin Accidentdeleted text end new text begin Collisionnew text end report format.
The commissioner of public safety
shall prescribe the format for the deleted text begin accidentdeleted text end new text begin collisionnew text end reports required under this section.
Upon request the commissioner shall make available the format to police departments,
coroners, sheriffs, garages, and other suitable agencies or individuals. The electronic
or written report to be completed by individuals involved in deleted text begin accidentsdeleted text end new text begin collisionsnew text end and
by investigating peace officers must disclose the causes, existing conditions, and the
individuals and vehicles involved.
Subd. 11.
Coroner to report death.
Every coroner or other official performing
like functions shall report in writing to the commissioner of public safety the death of
any individual within the coroner's jurisdiction as the result of deleted text begin an accidentdeleted text end new text begin a collision
new text end involving a vehicle and the circumstances of the deleted text begin accidentdeleted text end new text begin collisionnew text end . The report must
be made within 15 days after the death.
In the case of drivers killed in vehicle deleted text begin accidentsdeleted text end new text begin collisionsnew text end and of the death of
pedestrians 16 years of age or older, who die within four hours after deleted text begin an accidentdeleted text end new text begin a collisionnew text end ,
the coroner or other official performing like functions shall examine the body and shall
make tests as are necessary to determine the presence and percentage concentration of
alcohol, and drugs if feasible, in the blood of the victim. This information must be
included in each report submitted pursuant to the provisions of this subdivision and shall
be tabulated on a monthly basis by the commissioner of public safety. This information
may be used only for statistical purposes that do not reveal the identity of the deceased.
Subd. 12.
Garage to report bullet damage.
The individual in charge of any
garage or repair shop to which is brought any vehicle that shows evidence of having
been struck by any bullet shall immediately report to the local police or sheriff and to
the commissioner of public safety within 24 hours after the vehicle is received, giving
the engine number if any, registration plate number, and the name and address of the
registered owner or operator of the vehicle.
Subd. 13.
Reports confidential; evidence, fee, penalty, appropriation.
(a) All
reports and supplemental information required under this section must be for the use of the
commissioner of public safety and other appropriate state, federal, county, and municipal
governmental agencies for accident analysis purposes, except:
(1) upon written request, the commissioner of public safety or any law enforcement
agency shall disclose the report required under subdivision 8 to:
(i) any individual involved in the deleted text begin accidentdeleted text end new text begin collisionnew text end , the representative of the
individual's estate, or the surviving spouse, or one or more surviving next of kin, or a
trustee appointed under section 573.02;
(ii) any other person injured in person, property, or means of support, or who incurs
other pecuniary loss by virtue of the deleted text begin accidentdeleted text end new text begin collisionnew text end ;
(iii) legal counsel of a person described in item (i) or (ii); or
(iv) a representative of the insurer of any person described in item (i) or (ii);
(2) the commissioner of public safety shall, upon written request, provide the driver
filing a report under subdivision 7 with a copy of the report filed by the driver;
(3) the commissioner of public safety may verify with insurance companies vehicle
insurance information to enforce sections 65B.48, 169.792, 169.793, 169.796, and 169.797;
(4) the commissioner of public safety shall provide the commissioner of transportation
the information obtained for each traffic deleted text begin accidentdeleted text end new text begin collisionnew text end involving a commercial motor
vehicle, for purposes of administering commercial vehicle safety regulations;
(5) upon specific request, the commissioner of public safety shall provide the
commissioner of transportation the information obtained regarding each traffic deleted text begin accident
deleted text end new text begin collisionnew text end involving damage to identified state-owned infrastructure, for purposes of debt
collection under section 161.20, subdivision 4; and
(6) the commissioner of public safety may give to the United States Department of
Transportation commercial vehicle deleted text begin accidentdeleted text end new text begin collisionnew text end information in connection with
federal grant programs relating to safety.
(b) deleted text begin Accidentdeleted text end new text begin Collisionnew text end reports and data contained in the reports are not discoverable
under any provision of law or rule of court. No report shall be used as evidence in any
trial, civil or criminal, or any action for damages or criminal proceedings arising out of
deleted text begin an accidentdeleted text end new text begin a collisionnew text end . However, the commissioner of public safety shall furnish, upon
the demand of any person who has or claims to have made a report or upon demand of
any court, a certificate showing that a specified deleted text begin accidentdeleted text end new text begin collisionnew text end report has or has not
been made to the commissioner solely to prove compliance or failure to comply with the
requirements that the report be made to the commissioner.
(c) Nothing in this subdivision prevents any individual who has made a report under
this section from providing information to any individuals involved in deleted text begin an accidentdeleted text end new text begin a
collisionnew text end or their representatives or from testifying in any trial, civil or criminal, arising
out of deleted text begin an accidentdeleted text end new text begin a collisionnew text end , as to facts within the individual's knowledge. It is intended
by this subdivision to render privileged the reports required, but it is not intended to
prohibit proof of the facts to which the reports relate.
(d) Disclosing any information contained in any deleted text begin accidentdeleted text end new text begin collisionnew text end report, except
as provided in this subdivision, section 13.82, subdivision 3 or 6, or other statutes, is a
misdemeanor.
(e) The commissioner of public safety shall charge authorized persons as described
in paragraph (a) a $5 fee for a copy of deleted text begin an accidentdeleted text end new text begin a collisionnew text end report. Ninety percent of
the $5 fee collected under this paragraph must be deposited in the special revenue fund
and credited to the driver services operating account established in section 299A.705 and
ten percent must be deposited in the general fund. The commissioner may also furnish
an electronic copy of the database of deleted text begin accidentdeleted text end new text begin collisionnew text end records, which must not contain
personal or private data on an individual, to private agencies as provided in paragraph (g),
for not less than the cost of preparing the copies on a bulk basis as provided in section
13.03, subdivision 3.
(f) The fees specified in paragraph (e) notwithstanding, the commissioner and law
enforcement agencies shall charge commercial users who request access to response
or incident data relating to deleted text begin accidentsdeleted text end new text begin collisionsnew text end a fee not to exceed 50 cents per record.
"Commercial user" is a user who in one location requests access to data in more than
five deleted text begin accidentdeleted text end new text begin collisionnew text end reports per month, unless the user establishes that access is not
for a commercial purpose. Of the money collected by the commissioner under this
paragraph, 90 percent must be deposited in the special revenue fund and credited to the
driver services operating account established in section 299A.705 and ten percent must
be deposited in the general fund.
(g) The fees in paragraphs (e) and (f) notwithstanding, the commissioner shall
provide an electronic copy of the deleted text begin accidentdeleted text end new text begin collisionnew text end records database to the public on a
case-by-case basis using the cost-recovery charges provided for under section 13.03,
subdivision 3. The database provided must not contain personal or private data on an
individual. However, unless the deleted text begin accidentdeleted text end new text begin collisionnew text end records database includes the vehicle
identification number, the commissioner shall include the vehicle registration plate number
if a private agency certifies and agrees that the agency:
(1) is in the business of collecting deleted text begin accidentdeleted text end new text begin collisionnew text end and damage information on
vehicles;
(2) will use the vehicle registration plate number only for identifying vehicles that
have been involved in deleted text begin accidentsdeleted text end new text begin collisionsnew text end or damaged, to provide this information to
persons seeking access to a vehicle's history and not for identifying individuals or for any
other purpose; and
(3) will be subject to the penalties and remedies under sections 13.08 and 13.09.
Subd. 14.
Penalties.
(a) The driver of any vehicle who violates subdivision 1 or 6
and who did not cause the deleted text begin accidentdeleted text end new text begin collisionnew text end is punishable as follows:
(1) if the deleted text begin accidentdeleted text end new text begin collisionnew text end results in the death of any individual, the driver is guilty
of a felony and may be sentenced to imprisonment for not more than three years, or to
payment of a fine of not more than $5,000, or both;
(2) if the deleted text begin accidentdeleted text end new text begin collisionnew text end results in great bodily harm to any individual, as defined
in section 609.02, subdivision 8, the driver is guilty of a felony and may be sentenced
to imprisonment for not more than two years, or to payment of a fine of not more than
$4,000, or both; or
(3) if the deleted text begin accidentdeleted text end new text begin collisionnew text end results in substantial bodily harm to any individual, as
defined in section 609.02, subdivision 7a, the driver may be sentenced to imprisonment
for not more than one year, or to payment of a fine of not more than $3,000, or both.
(b) The driver of any vehicle involved in deleted text begin an accidentdeleted text end new text begin a collisionnew text end not resulting in
substantial bodily harm or death who violates subdivision 1 or 6 may be sentenced
to imprisonment for not more than one year, or to payment of a fine of not more than
$3,000, or both.
(c) Any person who violates subdivision 2, 3, 4, 5, 7, 8, 11, or 12 is guilty of a
misdemeanor.
(d) The attorney in the jurisdiction in which the violation occurred who is responsible
for prosecution of misdemeanor violations of this section shall also be responsible for
prosecution of gross misdemeanor violations of this section.
Subd. 14a.
Suspension of license for failure to report deleted text begin accidentdeleted text end new text begin collisionnew text end .
The
commissioner may suspend the license, or any nonresident's operating privilege, of any
person who willfully fails, refuses, or neglects to make report of a traffic deleted text begin accidentdeleted text end new text begin collision
new text end as required by the laws of this state. A license suspension under this section is subject to
the notice requirements of section 171.18, subdivision 2.
Subd. 15.
Defense.
new text begin (a) new text end It is an affirmative defense to prosecution under subdivisions
1, 2, and 6 that the driver left the scene of the deleted text begin accidentdeleted text end new text begin collisionnew text end to take any individual
suffering immediately demonstrable bodily injury in the deleted text begin accidentdeleted text end new text begin collisionnew text end to receive
emergency medical care if the driver of the involved vehicle gives notice to a law
enforcement agency as required by subdivision 6 as soon as reasonably feasible after the
emergency medical care has been undertaken.
new text begin
(b) When the collision involves a person or another vehicle, mistake as to what was
struck is not a defense for failure to stop and investigate.
new text end
Subd. 16.
Commissioner as agent for service of process.
The use and operation by
a resident of this state or the resident's agent, or by a nonresident or the nonresident's agent,
of a motor vehicle within the state of Minnesota, is deemed an irrevocable appointment
by the resident if absent from this state continuously for six months or more following
deleted text begin an accidentdeleted text end new text begin a collisionnew text end , or by the nonresident at any time, of the commissioner of public
safety to be the resident's or nonresident's true and lawful attorney upon whom may be
served all legal process in any action or proceeding against the resident or nonresident
or the executor, administrator, or personal representative of the resident or nonresident
growing out of the use and operation of a motor vehicle within this state, resulting in
damages or loss to person or property, whether the damage or loss occurs on a highway or
on abutting public or private property. This appointment is binding upon the nonresident's
executor, administrator, or personal representative. The use or operation of a motor
vehicle by the resident or nonresident is a signification of agreement that any process in
any action against the resident or nonresident or executor, administrator, or personal
representative of the resident or nonresident that is so served has the same legal force
and validity as if served upon the resident or nonresident personally or on the executor,
administrator, or personal representative of the resident or nonresident. Service of process
must be made by serving a copy thereof upon the commissioner or by filing a copy in the
commissioner's office, together with payment of a fee of $20, and is deemed sufficient
service upon the absent resident or the nonresident or the executor, administrator, or
personal representative of the resident or nonresident; provided that notice of service and
a copy of the process are sent by mail by the plaintiff within ten days to the defendant
at the defendant's last known address and that the plaintiff's affidavit of compliance with
the provisions of this chapter is attached to the summons.
Subd. 17.
Information access by vehicle owners.
If deleted text begin an accidentdeleted text end new text begin a collisionnew text end report
has been prepared by a person involved in deleted text begin an accidentdeleted text end new text begin a collisionnew text end and no report has been
prepared by a law enforcement officer, the owners of the vehicles involved in deleted text begin an accident
deleted text end new text begin a collisionnew text end shall have the same access to information maintained by the Department of
Public Safety, Driver and Vehicle Services Division, about the vehicles, their owners,
and their drivers that would have been available to a law enforcement officer reporting
on the deleted text begin accidentdeleted text end new text begin collisionnew text end .
Subd. 18.
Continuance of court proceeding; costs.
The court in which the
action is pending may order a continuance as may be necessary to afford the defendant
reasonable opportunity to defend the action, not exceeding 90 days from the date of filing
of the action in that court. The fee of $20 paid by the plaintiff to the commissioner at the
time of service of the proceedings must be taxed in the plaintiff's cost if the plaintiff
prevails in the suit. The commissioner shall keep a record of all processes so served,
which must show the day and hour of service.
Sec. 2.
Minnesota Statutes 2012, section 609.21, subdivision 1, is amended to read:
Subdivision 1.
Criminal vehicular homicide or operation; crime described.
A
person is guilty of criminal vehicular homicide or operation and may be sentenced as
provided in subdivision 1a, if the person causes injury to or the death of another as a
result of operating a motor vehicle:
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of:
(i) alcohol;
(ii) a controlled substance; or
(iii) any combination of those elements;
(3) while having an alcohol concentration of 0.08 or more;
(4) while having an alcohol concentration of 0.08 or more, as measured within
two hours of the time of driving;
(5) in a negligent manner while knowingly under the influence of a hazardous
substance;
(6) in a negligent manner while any amount of a controlled substance listed in
Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is
present in the person's body;
(7) where the driver who causes the deleted text begin accidentdeleted text end new text begin collisionnew text end leaves the scene of the
deleted text begin accidentdeleted text end new text begin collisionnew text end in violation of section 169.09, subdivision 1 or 6; or
(8) where the driver had actual knowledge that a peace officer had previously issued
a citation or warning that the motor vehicle was defectively maintained, the driver had
actual knowledge that remedial action was not taken, the driver had reason to know that
the defect created a present danger to others, and the injury or death was caused by the
defective maintenance.