HF 1719

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; creating a gross misdemeanor 
  1.3             penalty for violation of alcohol-related restriction 
  1.4             on driver's license if violation occurs while driving 
  1.5             a motor vehicle; providing penalties; amending 
  1.6             Minnesota Statutes 1998, sections 171.09; and 609.035, 
  1.7             subdivision 2. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 171.09, is 
  1.10  amended to read: 
  1.11     171.09 [COMMISSIONER MAY IMPOSE RESTRICTIONS; VIOLATION.] 
  1.12     (a) The commissioner shall have the authority, when good 
  1.13  cause appears, to impose restrictions suitable to the licensee's 
  1.14  driving ability or such other restrictions applicable to the 
  1.15  licensee as the commissioner may determine to be appropriate to 
  1.16  assure the safe operation of a motor vehicle by the licensee.  
  1.17  The commissioner may, upon receiving satisfactory evidence of 
  1.18  any violation of the restrictions of the license, suspend or 
  1.19  revoke the license.  A license suspension under this section is 
  1.20  subject to section 171.18, subdivisions 2 and 3. 
  1.21     It is unlawful for any person to operate (b) A person who 
  1.22  drives, operates, or is in physical control of a motor vehicle 
  1.23  in any manner while in violation of the restrictions imposed in 
  1.24  a restricted driver's license issued to that person under 
  1.25  paragraph (a) is guilty of a crime as follows: 
  1.26     (1) if the restriction relates to the possession or 
  2.1   consumption of alcohol or controlled substances, the person is 
  2.2   guilty of a gross misdemeanor; 
  2.3      (2) otherwise, the person is guilty of a misdemeanor. 
  2.4      Sec. 2.  Minnesota Statutes 1998, section 609.035, 
  2.5   subdivision 2, is amended to read: 
  2.6      Subd. 2.  (a) When a person is being sentenced for a 
  2.7   violation of a provision listed in paragraph (f), the court may 
  2.8   sentence the person to a consecutive term of imprisonment for a 
  2.9   violation of any other provision listed in paragraph (f), 
  2.10  notwithstanding the fact that the offenses arose out of the same 
  2.11  course of conduct, subject to the limitation on consecutive 
  2.12  sentences contained in section 609.15, subdivision 2, and except 
  2.13  as provided in paragraphs (b), (c), and (d) of this subdivision. 
  2.14     (b) When a person is being sentenced for a violation of 
  2.15  section 169.129 the court may not impose a consecutive sentence 
  2.16  for a violation of a provision of section 169.121, subdivision 
  2.17  1, or for a violation of a provision of section 171.20, 171.24, 
  2.18  or 171.30. 
  2.19     (c) When a person is being sentenced for a violation of 
  2.20  section 171.09, 171.20, 171.24, or 171.30, the court may not 
  2.21  impose a consecutive sentence for another violation of a 
  2.22  provision in chapter 171. 
  2.23     (d) When a person is being sentenced for a violation of 
  2.24  section 169.791 or 169.797, the court may not impose a 
  2.25  consecutive sentence for another violation of a provision of 
  2.26  sections 169.79 to 169.7995. 
  2.27     (e) This subdivision does not limit the authority of the 
  2.28  court to impose consecutive sentences for crimes arising on 
  2.29  different dates or to impose a consecutive sentence when a 
  2.30  person is being sentenced for a crime and is also in violation 
  2.31  of the conditions of a stayed or otherwise deferred sentence 
  2.32  under section 609.135. 
  2.33     (f) This subdivision applies to misdemeanor and gross 
  2.34  misdemeanor violations of the following if the offender has two 
  2.35  or more prior impaired driving convictions as defined in section 
  2.36  169.121, subdivision 3: 
  3.1      (1) section 169.121, subdivision 1, driving while 
  3.2   intoxicated; 
  3.3      (2) section 169.121, subdivision 1a, testing refusal; 
  3.4      (3) section 169.129, aggravated driving while intoxicated; 
  3.5      (4) section 169.791, failure to provide proof of insurance; 
  3.6      (5) section 169.797, failure to provide vehicle insurance; 
  3.7      (6) section 171.09, violation of condition of a restricted 
  3.8   license; 
  3.9      (7) section 171.20, subdivision 2, operation after 
  3.10  revocation, suspension, cancellation, or disqualification; 
  3.11     (7) (8) section 171.24, driving without valid license; 
  3.12     (8) (9) section 171.30, violation of condition of limited 
  3.13  license; and 
  3.14     (9) (10) section 609.487, fleeing a peace officer. 
  3.15     Sec. 3.  [EFFECTIVE DATE.] 
  3.16     Sections 1 and 2 are effective August 1, 1999, and apply to 
  3.17  violations committed on or after that date.