HF 1402

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crime; clarifying eligibility criteria for 
  1.3             imposing minimum mandatory incarceration period for 
  1.4             repeat DWI offenders; restricting conditions under 
  1.5             which minimum jail sentence may be waived; referencing 
  1.6             the broader definitions of prior impaired driving 
  1.7             convictions and prior license revocations; amending 
  1.8             Minnesota Statutes 1996, section 169.121, subdivision 
  1.9             3a. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1996, section 169.121, 
  1.12  subdivision 3a, is amended to read: 
  1.13     Subd. 3a.  [HABITUAL OFFENDER PENALTIES.] (a) Except as 
  1.14  otherwise provided in paragraph (b) (c), a person must be 
  1.15  sentenced to a minimum of 30 days incarceration, at least 48 
  1.16  hours of which must be served consecutively, or to eight hours 
  1.17  of community work service for each day less than 30 days that 
  1.18  the person is ordered to serve in jail, if a the person has been 
  1.19  convicted under this section, section 169.129, or an ordinance 
  1.20  in conformity with either of them, or a statute or ordinance 
  1.21  from another state in conformity with either of them, and if the 
  1.22  person is then convicted of a gross misdemeanor violation of 
  1.23  this section, a violation of section 169.129, or an ordinance in 
  1.24  conformity with either of them (1) once within five 
  1.25  years anytime after the first a prior impaired driving 
  1.26  conviction or (2) two or more times within ten years after the 
  1.27  first conviction, the person must be sentenced to a minimum of 
  2.1   30 days imprisonment, at least 48 hours of which must be served 
  2.2   consecutively, or to eight hours of community work service for 
  2.3   each day less than 30 days that the person is ordered to serve 
  2.4   in jail.  Provided, that a prior license revocation.  This 
  2.5   sentence must be executed, unless the court departs from the 
  2.6   mandatory minimum sentence under paragraph (d), (e), or (f).  
  2.7      (b) However, a person must be sentenced to a minimum of 30 
  2.8   days incarceration, at least 48 hours of which must be served 
  2.9   consecutively, and the sentence may not be waived under 
  2.10  paragraph (d), (e), or (f) if a the person is has been 
  2.11  convicted of violating this section, section 169.129, or an 
  2.12  ordinance in conformity with either of them, anytime after two 
  2.13  or more times within five years after the first conviction, or 
  2.14  within five years after the first of prior impaired driving 
  2.15  convictions, two or more prior license revocations, or a prior 
  2.16  impaired driving conviction and a prior license revocation, as 
  2.17  defined in subdivision 3, paragraph (a), clause (2), the person 
  2.18  must be sentenced to a minimum of 30 days imprisonment, at least 
  2.19  48 hours of which must be served consecutively, and the sentence 
  2.20  may not be waived under paragraph (c) or (d).  Notwithstanding 
  2.21  section 609.135, the above sentence must be executed, unless the 
  2.22  court departs from the mandatory minimum sentence under 
  2.23  paragraph (c) or (d). 
  2.24     (b) (c) A person must be sentenced to a minimum of one year 
  2.25  of incarceration, at least 48 hours of which must be served 
  2.26  consecutively, or of intensive probation using an electronic 
  2.27  alcohol monitoring system, or a combination thereof, if the 
  2.28  person is convicted of violating this section, section 169.129, 
  2.29  or an ordinance in conformity with either of them:  
  2.30     (1) within ten years of the first of five, or within 15 
  2.31  years of the first of seven, six prior impaired driving 
  2.32  convictions, five or six prior license revocations, or any 
  2.33  combination of five or six prior impaired driving convictions 
  2.34  and prior license revocations, based on separate incidents, as 
  2.35  defined in subdivision 3, paragraph (a), clause (2),; or 
  2.36     (2) within ten years of the first of five, or within 15 
  3.1   years of the first of seven or more prior impaired driving 
  3.2   convictions, seven or more prior convictions under this section, 
  3.3   section 169.129, or an ordinance in conformity with either of 
  3.4   them license revocations, or any combination of seven or more 
  3.5   prior impaired driving convictions and prior license 
  3.6   revocations, based on separate incidents. 
  3.7      (c) (d) Prior to sentencing the prosecutor may file a 
  3.8   motion to have the defendant sentenced without regard to the 
  3.9   mandatory minimum sentence established by this subdivision.  The 
  3.10  motion must be accompanied by a statement on the record of the 
  3.11  reasons for it.  When presented with the prosecutor's motion and 
  3.12  if it finds that substantial mitigating factors exist, the court 
  3.13  shall sentence the defendant without regard to the mandatory 
  3.14  minimum sentence established by this subdivision. 
  3.15     (d) (e) The court may, on its own motion, sentence the 
  3.16  defendant without regard to the mandatory minimum sentence 
  3.17  established by this subdivision if it finds that substantial 
  3.18  mitigating factors exist and if its sentencing departure is 
  3.19  accompanied by a statement on the record of the reasons for it. 
  3.20     (e) (f) The court may sentence the defendant without regard 
  3.21  to the mandatory minimum sentence established by this 
  3.22  subdivision if the defendant is sentenced to probation and 
  3.23  ordered to participate in a program established under section 
  3.24  169.1265. 
  3.25     (f) (g) When any portion of the sentence required by this 
  3.26  subdivision is not executed, the court should impose a sentence 
  3.27  that is proportional to the extent of the offender's prior 
  3.28  criminal and moving traffic violation record.  Any sentence 
  3.29  required under this subdivision must include a mandatory 
  3.30  sentence that is not subject to suspension or a stay of 
  3.31  imposition or execution, and that includes incarceration for not 
  3.32  less than 48 consecutive hours or at least 80 hours of community 
  3.33  work service. 
  3.34     Sec. 2.  [EFFECTIVE DATE.] 
  3.35     Section 1 is effective August 1, 1997, and applies to 
  3.36  sentences for offenses committed on or after that date.  
  4.1   However, convictions for violations listed in Minnesota 
  4.2   Statutes, section 169.121, subdivision 3, paragraph (a), 
  4.3   occurring before August 1, 1997, are considered prior impaired 
  4.4   driving convictions or prior license revocations for purposes of 
  4.5   sentencing imposed for conviction for an offense committed on or 
  4.6   after August 1, 1997.