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Minnesota Legislature

Office of the Revisor of Statutes

HF 179

5th Engrossment - 90th Legislature (2017 - 2018) Posted on 02/20/2018 12:17pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 5th Engrossment

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A bill for an act
relating to criminal justice; modifying certain statutory provisions; amending
ignition interlock performance standards; prohibiting use of devices enabled with
location tracking capabilities; ensuring inmate case planning information is private
data; requiring a search warrant in DWI and DWI-related cases to obtain blood or
urine samples; providing for license revocation; establishing guidelines for license
revocation hearings; amending rulemaking authority; amending Minnesota Statutes
2016, sections 97B.066, subdivisions 1, 2, 3, 4, 8, 9, by adding a subdivision;
169A.03, subdivision 21; 169A.20, subdivision 2; 169A.51, subdivisions 2, 3, 4;
169A.53, subdivisions 2, 3; 169A.54, subdivision 6; 169A.60, subdivision 10;
171.306, subdivisions 1, 2, 3, 8; 241.065, subdivision 2; 360.0753, subdivisions
2, 3, 7, 9, by adding a subdivision; 624.7143, subdivisions 1, 2, 3, 4, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapter 171.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

CRIMINAL JUSTICE-RELATED DATA PRACTICES

Section 1.

Minnesota Statutes 2016, section 171.306, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) As used in this section, the terms in this subdivision have
the meanings given them.

(b) "Ignition interlock device" or "device" means equipment that is designed to measure
breath alcohol concentration and to prevent a motor vehicle's ignition from being started
by a person whose breath alcohol concentration measures 0.02 or higher on the equipment.

new text begin (c) "Location tracking capabilities" means the ability of an electronic or wireless device
to identify and transmit its geographic location through the operation of the device.
new text end

deleted text begin (c)deleted text endnew text begin (d)new text end "Program participant" means a person who has qualified to take part in the ignition
interlock program under this section, and whose driver's license has been:

(1) revoked, canceled, or denied under section 169A.52, 169A.54, or 171.04, subdivision
1
, clause (10); or

(2) revoked under section 171.17, subdivision 1, paragraph (a), clause (1), or suspended
under section 171.187, for a violation of section 609.2113, subdivision 1, clause (2), item
(i) or (iii), (3), or (4); subdivision 2, clause (2), item (i) or (iii), (3), or (4); or subdivision
3, clause (2), item (i) or (iii), (3), or (4); or 609.2114, subdivision 2, clause (2), item (i) or
(iii), (3), or (4), resulting in bodily harm, substantial bodily harm, or great bodily harm.

deleted text begin (d)deleted text end new text begin(e) new text end"Qualified prior impaired driving incident" has the meaning given in section
169A.03, subdivision 22.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2016, section 171.306, subdivision 2, is amended to read:


Subd. 2.

Performance standards; certification; manufacturernew text begin and providernew text end
requirements.

new text begin(a) new text endThe commissioner shall establish performance standards and a process
for certifying devices used in the ignition interlock programnew text begin, except that the commissioner
may not establish standards that, directly or indirectly, require devices to use or enable
location tracking capabilities without a court order
new text end.

new text begin (b) new text endThe manufacturer of a device must apply annually for certification of the device by
submitting the form prescribed by the commissioner. The commissioner shall require
manufacturers of certified devices to:

(1) provide device installation, servicing, and monitoring to indigent program participants
at a discounted rate, according to the standards established by the commissioner; and

(2) include in an ignition interlock device contract a provision that a program participant
who voluntarily terminates participation in the program is only liable for servicing and
monitoring costs incurred during the time the device is installed on the motor vehicle,
regardless of whether the term of the contract has expired.

new text begin (c) The manufacturer of a certified device must include with an ignition interlock device
contract a separate notice to the program participant regarding any location tracking
capabilities of the device.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2016, section 171.306, subdivision 3, is amended to read:


Subd. 3.

Program requirements.

(a) The commissioner shall establish guidelines for
participation in the ignition interlock program. A person who seeks to participate in the
program shall sign a written acknowledgment that the person has received, reviewed, and
agreed to abide by the program guidelines.

(b) The commissioner must enter a notation on a person's driving record to indicate that
the person is a program participant.

(c) A person under the age of 18 years is not eligible to be a program participant.

(d) A program participant shall pay costs associated with an ignition interlock device
on every motor vehicle that the participant operates or intends to operate.

(e) A program participant shall participate in any treatment recommended in a chemical
use assessment report.

(f) A program participant shall bring the device-equipped motor vehicle or vehicles
operated by the program participant to an approved service provider for device calibration
and servicing according to the schedule established by the commissioner and as indicated
by the ignition interlock device.

new text begin (g) The commissioner shall not permit location tracking capabilities on any ignition
interlock device to be enabled except as provided in this paragraph. The commissioner shall
require the activation of location tracking capabilities on an ignition interlock device when
ordered by a court.
new text end

Sec. 4.

Minnesota Statutes 2016, section 171.306, subdivision 8, is amended to read:


Subd. 8.

Rulemaking.

In establishing the performance standards and certification process
of subdivision 2 deleted text beginanddeleted text endnew text begin,new text end the program guidelines of subdivision 3, deleted text beginthe commissioner is exempt
from chapter 14, including section 14.386. If
deleted text end new text beginand any other new text endrules deleted text beginare otherwisedeleted text end necessary
to implement this section, the commissioner deleted text beginmay adopt, amend, and repeal rules using the
exempt procedures of section 14.386, except that paragraph (b) shall not apply
deleted text endnew text begin is subject
to chapter 14
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies for rules proposed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2016, section 241.065, subdivision 2, is amended to read:


Subd. 2.

Establishmentnew text begin; access to datanew text end.

new text begin(a) new text endThe Department of Corrections shall
administer and maintain a computerized data system for the purpose of assisting criminal
justice agenciesnew text begin in conducting official duties andnew text end in monitoring and enforcing the conditions
of conditional release imposed on criminal offenders by a sentencing court or the
commissioner of corrections.

new text begin (b)new text end The adult data and juvenile datanew text begin,new text end as defined in section 260B.171new text begin,new text end in the statewide
supervision system are private data new text beginon individuals, new text endas defined in section 13.02, subdivision
12
deleted text begin, butdeleted text endnew text begin. Subject to paragraph (c), the datanew text end are accessible tonew text begin:
new text end

new text begin (1)new text end criminal justice agencies as defined in section 13.02, subdivision 3adeleted text begin, todeleted text endnew text begin;
new text end

new text begin (2)new text end the Minnesota sex offender program as provided in section 246B.04, subdivision 3deleted text begin,
to
deleted text endnew text begin;
new text end

new text begin (3)new text end public defenders as provided in section 611.272deleted text begin, todeleted text endnew text begin;
new text end

new text begin (4)new text end all trial courts and appellate courtsdeleted text begin,deleted text endnew text begin;new text end and deleted text beginto
deleted text end

new text begin (5)new text end criminal justice agencies in other states deleted text beginin the conduct of their official dutiesdeleted text end.

new text begin (c) Case planning data in the statewide supervision system are private data on individuals,
as defined in section 13.02, subdivision 12. Case planning data are accessible to state prison
facility staff, correction staff in community corrections act counties and county probation
counties, and Department of Corrections field services staff for purposes of monitoring and
enforcing conditions of conditional release. A finalized case plan may be provided to
community service providers for the purposes described under paragraph (a).
new text end

new text begin (d)new text end Adult data in the statewide supervision system are accessible to the secretary of state
for the purposes described in section 201.157.

ARTICLE 2

DWI LAW CHANGES

Section 1.

Minnesota Statutes 2016, section 169A.03, subdivision 21, is amended to read:


Subd. 21.

Prior impaired driving-related loss of license.

(a) "Prior impaired
driving-related loss of license" includes a driver's license suspension, revocation, cancellation,
denial, or disqualification under:

(1) section 169A.31 (alcohol-related school bus or Head Start bus driving); 169A.50 to
169A.53 (implied consent law); 169A.54 (impaired driving convictions and adjudications;
administrative penalties); 171.04 (persons not eligible for drivers' licenses); 171.14
(cancellation); 171.16 (court may recommend suspension); 171.165 (commercial driver's
license, disqualification); 171.17 (revocation); new text begin171.177 (revocation; pursuant to search
warrant);
new text endor 171.18 (suspension); because of an alcohol-related incident;

(2) Minnesota Statutes 2012, section 609.21 (criminal vehicular homicide and injury,
substance-related offenses), subdivision 1, clauses (2) to (6);

(3) Minnesota Statutes 1998, section 169.121 (driver under influence of alcohol or
controlled substance); 169.1211 (alcohol-related driving by commercial vehicle drivers);
or 169.123 (chemical tests for intoxication);

(4) Minnesota Statutes 2006, section 609.21 (criminal vehicular homicide and injury,
substance-related offenses), subdivision 1, clauses (2) to (6); subdivision 2, clauses (2) to
(6); subdivision 2a, clauses (2) to (6); subdivision 2b, clauses (2) to (6); subdivision 3,
clauses (2) to (6); or subdivision 4, clauses (2) to (6);

(5) section 609.2112, subdivision 1, clauses (2) to (6); 609.2113, subdivision 1, clauses
(2) to (6), subdivision 2, clauses (2) to (6), or subdivision 3, clauses (2) to (6); or 609.2114,
subdivision 1
, clauses (2) to (6), or subdivision 2, clauses (2) to (6); or

(6) an ordinance from this state, or a statute or ordinance from another state, in conformity
with any provision listed in clause (1), (2), (3), (4), or (5).

(b) "Prior impaired driving-related loss of license" also includes the revocation of
snowmobile or all-terrain vehicle operating privileges under section 84.911 (chemical
testing), or motorboat operating privileges under section 86B.335 (testing for alcohol and
controlled substances), for violations that occurred on or after August 1, 1994; the revocation
of snowmobile or all-terrain vehicle operating privileges under section 84.91 (operation of
snowmobiles and all-terrain vehicles by persons under the influence of alcohol or controlled
substances); or the revocation of motorboat operating privileges under section 86B.331
(operation while using alcohol or drugs or with a physical or mental disability).

(c) "Prior impaired driving-related loss of license" does not include any license action
stemming solely from a violation of section 169A.33 (underage drinking and driving),
171.09 (conditions of a restricted license), or 340A.503 (persons under the age of 21, illegal
acts).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017, and applies to acts committed
on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2016, section 169A.20, subdivision 2, is amended to read:


Subd. 2.

Refusal to submit to chemical test crime.

It is a crime for any person to refuse
to submit to a chemical testnew text begin:
new text end

new text begin (1)new text end of the person's deleted text beginblood,deleted text end breathdeleted text begin, or urinedeleted text end under section 169A.51 (chemical tests for
intoxication), or 169A.52 (test refusal or failure; revocation of license)new text begin; or
new text end

new text begin (2) of the person's blood or urine as required by a search warrant under sections 626.04
to 626.18 and 171.177
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017, and applies to acts committed
on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2016, section 169A.51, subdivision 2, is amended to read:


Subd. 2.

deleted text beginImplied consentdeleted text endnew text begin Breath testnew text end advisory.

deleted text begin(a) Subject to paragraph (b),deleted text end At the
time a new text beginbreath new text endtest is requested, the person must be informed:

(1) that Minnesota law requires the person to take a test:

(i) to determine if the person is under the influence of alcoholdeleted text begin, controlled substances, or
hazardous substances
deleted text end;new text begin and
new text end

(ii) deleted text beginto determine the presence of a controlled substance listed in Schedule I or II or
metabolite, other than marijuana or tetrahydrocannabinols; and
deleted text end

deleted text begin (iii)deleted text end if the motor vehicle was a commercial motor vehicle, to determine the presence of
alcohol;

(2) that refusal to deleted text begintakedeleted text endnew text begin submit tonew text end a new text beginbreath new text endtest is a crime;new text begin and
new text end

(3) deleted text beginif the peace officer has probable cause to believe the person has violated the criminal
vehicular homicide and injury laws, that a test will be taken with or without the person's
consent; and
deleted text end

deleted text begin (4)deleted text end that the person has the right to consult with an attorney, but that this right is limited
to the extent that it cannot unreasonably delay administration of the test.

deleted text begin (b) A peace officer who is not pursuing an implied consent revocation is not required
to give the advisory described in paragraph (a) to a person whom the officer has probable
cause to believe has violated section 609.2112, subdivision 1, clause (2), (3), (4), (5), or
(6); 609.2113, subdivision 1, clause (2), (3), (4), (5), or (6); or 609.2114, subdivision 1,
clause (2), (3), (4), (5), or (6); or Minnesota Statutes 2012, 609.21, subdivision 1, clause
(2), (3), (4), (5), or (6) (criminal vehicular operation DWI-related provisions).
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017, and applies to acts committed
on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2016, section 169A.51, subdivision 3, is amended to read:


Subd. 3.

deleted text beginType of testdeleted text endnew text begin Blood or urine tests; search warrant requirednew text end.

deleted text beginThe peace officer
who requires a test pursuant to this section may direct whether the test is of blood, breath,
or urine. Action may be taken against a person who refuses to take a blood test only if an
alternative test was offered and action may be taken against a person who refuses to take a
urine test only if an alternative test was offered
deleted text endnew text begin (a) Notwithstanding any contrary provisions
in sections 169A.51 to 169A.53, a blood or urine test may be conducted only pursuant to a
search warrant under sections 626.04 to 626.18, or a judicially recognized exception to the
search warrant requirement. In addition, blood and urine tests may be conducted only as
provided in sections 169A.51 to 169A.53 and 171.177
new text end.

new text begin (b) When, under the provisions of section 169A.20, 169A.51, or 171.177, a search
warrant is required for a blood or urine test, that requirement is met if a judicially recognized
exception to the warrant requirement is applicable.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017, and applies to acts committed
on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2016, section 169A.51, subdivision 4, is amended to read:


Subd. 4.

Requirement of urine or blood test.

deleted text beginNotwithstanding subdivision 3,deleted text end A blood
or urine test may be required new text beginpursuant to a search warrant under sections 626.04 to 626.18
new text end even after a breath test has been administered if there is probable cause to believe that:

(1) there is impairment by a controlled substance or a hazardous substance that is not
subject to testing by a breath test; deleted text beginor
deleted text end

(2) a controlled substance listed in Schedule I or II or its metabolite, other than marijuana
or tetrahydrocannabinols, is present in the person's bodydeleted text begin.deleted text endnew text begin; or
new text end

new text begin (3) the person is unconscious or incapacitated to the point that the peace officer providing
a breath test advisory, administering a breath test, or serving the search warrant has a
good-faith belief that the person is mentally or physically unable to comprehend the breath
test advisory or otherwise voluntarily submit to chemical tests.
new text end

Action may be taken against a person who refuses to take a blood test under this
subdivision only if a urine test was offered and action may be taken against a person who
refuses to take a urine test only if a blood test was offerednew text begin. This limitation does not apply
to an unconscious person under the circumstances described in clause (3)
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017, and applies to acts committed
on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2016, section 169A.53, subdivision 2, is amended to read:


Subd. 2.

Petition for judicial review.

(a) Within deleted text begin30deleted text end new text begin60 new text enddays following receipt of a notice
and order of revocation or disqualification pursuant to section 169A.52 (revocation of license
for test failure or refusal), a person may petition the court for review. The petition must be
filed with the district court administrator in the county where the alleged offense occurred,
together with proof of service of a copy on the commissioner, and accompanied by the
standard filing fee for civil actions. Responsive pleading is not required of the commissioner,
and court fees must not be charged for the appearance of the commissioner in the matter.

(b) The petition must:

(1) be captioned in the full name of the person making the petition as petitioner and the
commissioner as respondent;

(2) include the petitioner's date of birth, driver's license number, and date of the offense;
and

(3) state with specificity the grounds upon which the petitioner seeks rescission of the
order of revocation, disqualification, or denial.

(c) The filing of the petition does not stay the revocation, disqualification, or denial. The
reviewing court may order a stay of the balance of the revocation or disqualification if the
hearing has not been conducted within 60 days after filing of the petition upon terms the
court deems proper.

(d) Judicial reviews must be conducted according to the Rules of Civil Procedure, except
that prehearing discovery is mandatory and is limited to:

(1) the notice of revocation;

(2) the test record or, in the case of blood or urine tests, the certificate of analysis;

(3) the peace officer's certificate and any accompanying documentation submitted by
the arresting officer to the commissioner; and

(4) disclosure of potential witnesses, including experts, and the basis of their testimony.

Other types of discovery are available only upon order of the court.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017, and applies to acts committed
on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2016, section 169A.53, subdivision 3, is amended to read:


Subd. 3.

Judicial hearing; issues, order, appeal.

(a) A judicial review hearing under
this section must be before a district judge in any county in the judicial district where the
alleged offense occurred. The hearing is to the court and may be conducted at the same time
and in the same manner as hearings upon pretrial motions in the criminal prosecution under
section 169A.20 (driving while impaired), if any. The hearing must be recorded. The
commissioner shall appear and be represented by the attorney general or through the
prosecuting authority for the jurisdiction involved. The hearing must be held at the earliest
practicable date, and in any event no later than 60 days following the filing of the petition
for review. The judicial district administrator shall establish procedures to ensure efficient
compliance with this subdivision. To accomplish this, the administrator may, whenever
possible, consolidate and transfer review hearings among the locations within the judicial
district where terms of district court are held.

(b) The scope of the hearing is limited to the issues in clauses (1) to deleted text begin(11)deleted text endnew text begin (12)new text end:

(1) Did the peace officer have probable cause to believe the person was driving, operating,
or in physical control of a motor vehicle or commercial motor vehicle in violation of section
169A.20 (driving while impaired)?

(2) Was the person lawfully placed under arrest for violation of section 169A.20?

(3) Was the person involved in a motor vehicle accident or collision resulting in property
damage, personal injury, or death?

(4) Did the person refuse to take a screening test provided for by section 169A.41
(preliminary screening test)?

(5) If the screening test was administered, did the test indicate an alcohol concentration
of 0.08 or more?

(6) At the time of the request for the test, did the peace officer inform the person of the
person's rights and the consequences of taking or refusing the test as required by section
169A.51, subdivision 2?

(7) Did the person refuse to permit the test?

(8) If a test was taken by a person driving, operating, or in physical control of a motor
vehicle, did the test results indicate at the time of testing:

(i) an alcohol concentration of 0.08 or more; or

(ii) the presence of a controlled substance listed in Schedule I or II or its metabolite,
other than marijuana or tetrahydrocannabinols?

(9) If a test was taken by a person driving, operating, or in physical control of a
commercial motor vehicle, did the test results indicate an alcohol concentration of 0.04 or
more at the time of testing?

(10) Was the testing method used valid and reliable and were the test results accurately
evaluated?

(11) Did the person prove the defense of necessity?

new text begin (12) Did the person prove the defense of controlled substance use in accordance with a
prescription?
new text end

(c) It is an affirmative defense for the petitioner to prove that, at the time of the refusal,
the petitioner's refusal to permit the test was based upon reasonable grounds.

(d) Certified or otherwise authenticated copies of laboratory or medical personnel reports,
records, documents, licenses, and certificates are admissible as substantive evidence.

(e) The court shall order that the revocation or disqualification be either rescinded or
sustained and forward the order to the commissioner. The court shall file its order within
14 days following the hearing. If the revocation or disqualification is sustained, the court
shall also forward the person's driver's license or permit to the commissioner for further
action by the commissioner if the license or permit is not already in the commissioner's
possession.

(f) Any party aggrieved by the decision of the reviewing court may appeal the decision
as provided in the Rules of Appellate Procedure.

(g) The civil hearing under this section shall not give rise to an estoppel on any issues
arising from the same set of circumstances in any criminal prosecution.

(h) It is an affirmative defense for the petitioner to prove a necessity.

new text begin (i) It is an affirmative defense to the presence of a Schedule I or II controlled substance
that the person used the controlled substance according to the terms of a prescription issued
for the person according to sections 152.11 and 152.12, unless the court finds by a
preponderance of the evidence that the use of the controlled substance impaired the person's
ability to operate a motor vehicle.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017, and applies to acts committed
on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2016, section 169A.54, subdivision 6, is amended to read:


Subd. 6.

Applicability of implied consent revocation.

(a) Any person whose license
has been revoked pursuant to section 169A.52 (license revocation for test failure or refusal)
new text begin or 171.177 (revocation; pursuant to a search warrant) new text endas the result of the same incident, and
who does not have a qualified prior impaired driving incident, is subject to the mandatory
revocation provisions of subdivision 1, clause (1) or (2), in lieu of the mandatory revocation
provisions of section 169A.52new text begin or 171.177new text end.

(b) Paragraph (a) does not apply to:

(1) a person whose license has been revoked under subdivision 2 (driving while impaired
by person under age 21); or

(2) a person whose driver's license has been revoked for, or who is charged with (i) an
alcohol concentration of twice the legal limit or more as measured at the time or within two
hours of the time of the offense; or (ii) a violation of section 169A.20 (driving while
impaired) with an aggravating factor described in section 169A.03, subdivision 3, clause
(3).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017, and applies to acts committed
on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2016, section 169A.60, subdivision 10, is amended to read:


Subd. 10.

Petition for judicial review.

(a) Within deleted text begin30deleted text end new text begin60 new text enddays following receipt of a
notice and order of impoundment under this section, a person may petition the court for
review. The petition must include proof of service of a copy of the petition on the
commissioner. The petition must include the petitioner's date of birth, driver's license number,
and date of the plate impoundment violation, as well as the name of the violator and the
law enforcement agency that issued the plate impoundment order. The petition must state
with specificity the grounds upon which the petitioner seeks rescission of the order for
impoundment. The petition may be combined with any petition filed under section 169A.53
(administrative and judicial review of license revocation).

(b) Except as otherwise provided in this section, the judicial review and hearing are
governed by section 169A.53 and must take place at the same time as any judicial review
of the person's license revocation under section 169A.53. The filing of the petition does not
stay the impoundment order. The reviewing court may order a stay of the balance of the
impoundment period if the hearing has not been conducted within 60 days after filing of
the petition upon terms the court deems proper. The court shall order either that the
impoundment be rescinded or sustained, and forward the order to the commissioner. The
court shall file its order within 14 days following the hearing.

(c) In addition to the issues described in section 169A.53, subdivision 3 (judicial review
of license revocation), the scope of a hearing under this subdivision is limited to:

(1) if the impoundment is based on a plate impoundment violation described in
subdivision 1, paragraph (d), clause (3) or (4), whether the peace officer had probable cause
to believe the violator committed the plate impoundment violation and whether the evidence
demonstrates that the plate impoundment violation occurred; and

(2) for all other cases, whether the peace officer had probable cause to believe the violator
committed the plate impoundment violation.

(d) In a hearing under this subdivision, the following records are admissible in evidence:

(1) certified copies of the violator's driving record; and

(2) certified copies of vehicle registration records bearing the violator's name.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017, and applies to acts committed
on or after that date.
new text end

Sec. 10.

new text begin [171.177] REVOCATION; PURSUANT TO SEARCH WARRANT.
new text end

new text begin Subdivision 1. new text end

new text begin Search warrant-required testing advisory. new text end

new text begin At the time a blood or urine
test is directed pursuant to a search warrant under sections 626.04 to 626.18, the person
must be informed that refusal to submit to a blood or urine test is a crime.
new text end

new text begin Subd. 2. new text end

new text begin Type of test. new text end

new text begin The peace officer who directs a test pursuant to a search warrant
shall direct a blood or urine test as provided in the warrant. If the warrant authorizes either
a blood or urine test, the officer may direct whether the test is of blood or urine. If the person
to whom the test is directed objects to the test, the officer shall offer the person an alternative
test of either blood or urine. Action may be taken against a person who refuses to take a
blood test only if a urine test was offered and action may be taken against a person who
refuses to take a urine test only if a blood test was offered.
new text end

new text begin Subd. 3. new text end

new text begin License revocation pursuant to search warrant. new text end

new text begin After executing a search
warrant under sections 626.04 to 626.18 for the collection of a blood or urine sample based
upon probable cause of a violation of section 169A.20, the peace officer acting under sections
626.13 to 626.17 shall certify to the commissioner of public safety:
new text end

new text begin (1) when a person refuses to comply with the execution of the search warrant; or
new text end

new text begin (2) if a person submits to the test and the test results indicate:
new text end

new text begin (i) an alcohol concentration of 0.08 or more;
new text end

new text begin (ii) an alcohol concentration of 0.04 or more, if the person was driving, operating, or in
physical control of a commercial motor vehicle at the time of the violation; or
new text end

new text begin (iii) the presence of a controlled substance listed in Schedule I or II or its metabolite,
other than marijuana or tetrahydrocannabinols.
new text end

new text begin Subd. 4. new text end

new text begin Test refusal; license revocation. new text end

new text begin (a) Upon certification under subdivision 3
that there existed probable cause to believe the person had been driving, operating, or in
physical control of a motor vehicle in violation of section 169A.20 (driving while impaired),
and that the person refused to comply with the execution of the search warrant under sections
626.04 to 626.18, the commissioner shall revoke the person's license or permit to drive or
nonresident operating privilege. The commissioner shall revoke the license, permit, or
nonresident operating privilege:
new text end

new text begin (1) for a person with no qualified prior impaired driving incidents within the past ten
years, for a period of not less than one year;
new text end

new text begin (2) for a person under the age of 21 years and with no qualified prior impaired driving
incidents within the past ten years, for a period of not less than one year;
new text end

new text begin (3) for a person with one qualified prior impaired driving incident within the past ten
years or two qualified prior impaired driving incidents, for a period of not less than two
years;
new text end

new text begin (4) for a person with two qualified prior impaired driving incidents within the past ten
years or three qualified prior impaired driving incidents, for a period of not less than three
years;
new text end

new text begin (5) for a person with three qualified prior impaired driving incidents within the past ten
years, for a period of not less than four years; or
new text end

new text begin (6) for a person with four or more qualified prior impaired driving incidents, for a period
of not less than six years.
new text end

new text begin (b) When a person who had been driving, operating, or in physical control of a
commercial motor vehicle refuses to comply with the search warrant and permit testing,
the commissioner shall disqualify the person from operating a commercial motor vehicle
and shall revoke the person's license or permit to drive or nonresident operating privilege
according to the federal regulations adopted by reference in section 171.165, subdivision
2.
new text end

new text begin Subd. 5. new text end

new text begin Test failure; license revocation. new text end

new text begin (a) Upon certification under subdivision 3,
pursuant to a search warrant under sections 626.04 to 626.18, that there existed probable
cause to believe the person had been driving, operating, or in physical control of a motor
vehicle in violation of section 169A.20 (driving while impaired), and that the person
submitted to a test and the test results indicate an alcohol concentration of 0.08 or more or
the presence of a controlled substance listed in Schedule I or II or its metabolite, other than
marijuana or tetrahydrocannabinols, the commissioner shall revoke the person's license or
permit to drive or nonresident operating privilege:
new text end

new text begin (1) for a period of 90 days or, if the test results indicate an alcohol concentration of twice
the legal limit or more, not less than one year;
new text end

new text begin (2) if the person is under the age of 21 years, for a period of not less than 180 days or,
if the test results indicate an alcohol concentration of twice the legal limit or more, not less
than one year;
new text end

new text begin (3) for a person with one qualified prior impaired driving incident within the past ten
years or two qualified prior impaired driving incidents, for a period of not less than one
year or, if the test results indicate an alcohol concentration of twice the legal limit or more,
not less than two years;
new text end

new text begin (4) for a person with two qualified prior impaired driving incidents within the past ten
years or three qualified prior impaired driving incidents, for a period of not less than three
years;
new text end

new text begin (5) for a person with three qualified prior impaired driving incidents within the past ten
years, for a period of not less than four years; or
new text end

new text begin (6) for a person with four or more qualified prior impaired driving incidents, for a period
of not less than six years.
new text end

new text begin (b) On certification by the peace officer that there existed probable cause to believe the
person had been driving, operating, or in physical control of a commercial motor vehicle
with any presence of alcohol and that the person submitted to a test and the test results
indicated an alcohol concentration of 0.04 or more, the commissioner shall disqualify the
person from operating a commercial motor vehicle under section 171.165 (commercial
driver's license disqualification).
new text end

new text begin (c) If the test is of a person's blood or urine by a laboratory operated by the Bureau of
Criminal Apprehension or authorized by the bureau to conduct the analysis of a blood or
urine sample, the laboratory may directly certify to the commissioner the test results, and
the peace officer shall certify to the commissioner that there existed probable cause to
believe the person had been driving, operating, or in physical control of a motor vehicle in
violation of section 169A.20 (driving while impaired), and that the person submitted to a
test. Upon receipt of both certifications, the commissioner shall undertake the license actions
described in paragraphs (a) and (b).
new text end

new text begin Subd. 6. new text end

new text begin Unlicensed drivers; license issuance denial. new text end

new text begin If the person is a resident without
a license or permit to operate a motor vehicle in this state, the commissioner shall deny to
the person the issuance of a license or permit after the date of the alleged violation for the
same period as provided in this section for revocation, subject to review as provided in
subdivisions 10 and 11.
new text end

new text begin Subd. 7. new text end

new text begin Notice of revocation or disqualification; review. new text end

new text begin A revocation under this
section, or a disqualification under section 171.165 (commercial driver's license
disqualification), becomes effective at the time the commissioner or a peace officer acting
on behalf of the commissioner notifies the person of the intention to revoke, disqualify, or
both, and of revocation or disqualification. The notice must advise the person of the right
to obtain administrative and judicial review as provided in subdivisions 10 and 11. If mailed,
the notice and order of revocation or disqualification is deemed received three days after
mailing to the last known address of the person.
new text end

new text begin Subd. 8. new text end

new text begin Test refusal; driving privilege lost. new text end

new text begin (a) On behalf of the commissioner, a peace
officer requiring a test or directing the administration of a chemical test pursuant to a search
warrant under sections 626.04 to 626.18 shall serve immediate notice of intention to revoke
and of revocation on a person who refuses to permit a test or on a person who submits to a
test, the results of which indicate an alcohol concentration of 0.08 or more.
new text end

new text begin (b) On behalf of the commissioner, a peace officer requiring a test or directing the
administration of a chemical test of a person driving, operating, or in physical control of a
commercial motor vehicle pursuant to a search warrant under sections 626.04 to 626.18
shall serve immediate notice of intention to disqualify and of disqualification on a person
who refuses to permit a test or on a person who submits to a test, the results of which indicate
an alcohol concentration of 0.04 or more.
new text end

new text begin (c) The officer shall:
new text end

new text begin (1) invalidate the person's driver's license or permit card by clipping the upper corner
of the card in such a way that no identifying information including the photo is destroyed,
and immediately return the card to the person;
new text end

new text begin (2) issue the person a temporary license effective for only seven days; and
new text end

new text begin (3) send the notification of this action to the commissioner along with the certificate
required by subdivision 5 or 6.
new text end

new text begin Subd. 9. new text end

new text begin Notice of action to other states. new text end

new text begin When a nonresident's privilege to operate a
motor vehicle in this state has been revoked or denied, the commissioner shall give
information of the action taken in writing to the official in charge of traffic control or public
safety of the state of the person's residence and of any state in which the person has a license.
new text end

new text begin Subd. 10. new text end

new text begin Administrative review. new text end

new text begin (a) At any time during a period of revocation imposed
under this section, or a period of disqualification imposed under section 171.165 (commercial
driver's license disqualification), a person may request in writing a review of the order of
revocation or disqualification by the commissioner, unless the person is entitled to review
under section 171.166 (review of disqualification). Upon receiving a request, the
commissioner or the commissioner's designee shall review the order, the evidence upon
which the order was based, and any other material information brought to the attention of
the commissioner and determine whether sufficient cause exists to sustain the order. Within
15 days of receiving the request, the commissioner shall report in writing the results of the
review. The review provided in this subdivision is not subject to the contested case provisions
of the Administrative Procedure Act in sections 14.001 to 14.69.
new text end

new text begin (b) The availability of administrative review for an order of revocation or disqualification
has no effect upon the availability of judicial review under this section.
new text end

new text begin (c) Review under this subdivision must take place, if possible, at the same time as any
administrative review of the person's impoundment order under section 169A.60, subdivision
9.
new text end

new text begin Subd. 11. new text end

new text begin Petition for judicial review. new text end

new text begin (a) Within 60 days following receipt of a notice
and order of revocation pursuant to this section, a person may petition the court for review.
The petition must be filed with the district court administrator in the county where the
alleged offense occurred, together with proof of service of a copy on the commissioner, and
accompanied by the standard filing fee for civil actions. Responsive pleading is not required
of the commissioner, and court fees must not be charged for the appearance of the
commissioner in the matter.
new text end

new text begin (b) The petition must:
new text end

new text begin (1) be captioned in the full name of the person making the petition as petitioner and the
commissioner as respondent;
new text end

new text begin (2) include the petitioner's date of birth and driver's license number, and the date of the
offense; and
new text end

new text begin (3) state with specificity the grounds upon which the petitioner seeks rescission of the
order of revocation, disqualification, or denial.
new text end

new text begin (c) The filing of the petition does not stay the revocation, disqualification, or denial. The
reviewing court may order a stay of the balance of the revocation or disqualification if the
hearing has not been conducted within 60 days after filing the petition upon terms the court
deems proper.
new text end

new text begin (d) Judicial reviews must be conducted according to the Rules of Civil Procedure, except
that prehearing discovery is mandatory and is limited to:
new text end

new text begin (1) the notice of revocation;
new text end

new text begin (2) the certificate of analysis of the blood or urine test;
new text end

new text begin (3) the peace officer's certificate and any accompanying documentation submitted by
the arresting officer to the commissioner; and
new text end

new text begin (4) disclosure of potential witnesses, including experts, and the basis of their testimony.
new text end

new text begin Other types of discovery are available only upon order of the court.
new text end

new text begin Subd. 12. new text end

new text begin Judicial hearing; issues, order, appeal. new text end

new text begin (a) A judicial review hearing under
this section must be before a district judge in any county in the judicial district where the
alleged offense occurred. The hearing is to the court and may be conducted at the same time
and in the same manner as hearings upon pretrial motions in the criminal prosecution under
section 169A.20 (driving while impaired), if any. The hearing must be recorded. The
commissioner shall appear and be represented by the attorney general or through the
prosecuting authority for the jurisdiction involved. The hearing must be held at the earliest
practicable date, and in any event no later than 60 days following the filing of the petition
for review. The judicial district administrator shall establish procedures to ensure efficient
compliance with this subdivision. To accomplish this, the administrator may, whenever
possible, consolidate and transfer review hearings among the locations within the judicial
district where terms of district court are held.
new text end

new text begin (b) The scope of the hearing is limited to the issues in clauses (1) to (13):
new text end

new text begin (1) Did the peace officer have probable cause to believe the person was driving, operating,
or in physical control of a motor vehicle or commercial motor vehicle in violation of section
169A.20 (driving while impaired)?
new text end

new text begin (2) Was the person lawfully placed under arrest for violation of section 169A.20?
new text end

new text begin (3) Was the person involved in a motor vehicle accident or collision resulting in property
damage, personal injury, or death?
new text end

new text begin (4) Did a licensed peace officer apply for a search warrant in accordance with the
requirements set forth in sections 626.04 to 626.18?
new text end

new text begin (5) Did a neutral magistrate review the application for a search warrant and determine
there was probable cause to believe that the person was driving, operating, or in physical
control of a motor vehicle or commercial motor vehicle in violation of section 169A.20
(driving while impaired)?
new text end

new text begin (6) Was the search warrant and the process by which it was obtained valid?
new text end

new text begin (7) At the time of directing the person to take the test, did the peace officer inform the
person that refusing the test was a crime as required by subdivision 1?
new text end

new text begin (8) Did the person refuse to permit the test?
new text end

new text begin (9) If a test was taken by a person driving, operating, or in physical control of a motor
vehicle, did the test results indicate at the time of testing:
new text end

new text begin (i) an alcohol concentration of 0.08 or more; or
new text end

new text begin (ii) the presence of a controlled substance listed in Schedule I or II or its metabolite,
other than marijuana or tetrahydrocannabinols?
new text end

new text begin (10) If a test was taken by a person driving, operating, or in physical control of a
commercial motor vehicle, did the test results indicate an alcohol concentration of 0.04 or
more at the time of testing?
new text end

new text begin (11) Was the testing method used valid and reliable and were the test results accurately
evaluated?
new text end

new text begin (12) Did the person prove the defense of necessity?
new text end

new text begin (13) Did the person prove the defense of controlled substance use in accordance with a
prescription?
new text end

new text begin (c) Certified or otherwise authenticated copies of laboratory or medical personnel reports,
records, documents, licenses, and certificates are admissible as substantive evidence.
new text end

new text begin (d) The court shall order that the revocation or disqualification be either rescinded or
sustained and forward the order to the commissioner. The court shall file its order within
14 days following the hearing. If the revocation or disqualification is sustained, the court
shall also forward the person's driver's license or permit to the commissioner for further
action by the commissioner if the license or permit is not already in the commissioner's
possession.
new text end

new text begin (e) Any party aggrieved by the decision of the reviewing court may appeal the decision
as provided in the Rules of Appellate Procedure.
new text end

new text begin (f) The civil hearing under this section shall not give rise to an estoppel on any issues
arising from the same set of circumstances in any criminal prosecution.
new text end

new text begin (g) It is an affirmative defense for the petitioner to prove a necessity.
new text end

new text begin (h) It is an affirmative defense to the presence of a Schedule I or II controlled substance
that the person used the controlled substance according to the terms of a prescription issued
for the person according to sections 152.11 and 152.12, unless the court finds by a
preponderance of the evidence that the use of the controlled substance impaired the person's
ability to operate a motor vehicle.
new text end

new text begin Subd. 13. new text end

new text begin Test refusal; no test given. new text end

new text begin (a) If a person refuses to permit a blood or urine
test as required by a search warrant and the provisions of this section, then a test must not
be given. However, the applicable provisions of this section, section 169A.52, subdivision
1, and other law apply.
new text end

new text begin (b) Notwithstanding paragraph (a), if a peace officer has probable cause to believe that
a person has violated section 609.2112, 609.2113, 609.2114, or Minnesota Statutes 2012,
section 609.21 (criminal vehicular homicide or injury), a test may be required and obtained
despite the person's refusal. A refusal to submit to a test does not constitute a violation of
section 609.50 (obstructing legal process), unless the refusal was accompanied by force or
violence or the threat of force or violence.
new text end

new text begin Subd. 14. new text end

new text begin Definitions. new text end

new text begin The definitions in section 169A.03 apply to this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017, and applies to acts committed
on or after that date.
new text end

ARTICLE 3

DWI-RELATED CONFORMING CHANGES

Section 1.

Minnesota Statutes 2016, section 97B.066, subdivision 1, is amended to read:


Subdivision 1.

Mandatory chemical testing.

new text begin(a) new text endA person who takes wild animals with
a bow or firearm in this state or on a boundary water of this state is required, subject to the
provisions of this section, to take or submit to a test of the person's blood, breath, or urine
for the purpose of determining the presence and amount of alcohol or a controlled substance.
The test shall be administered at the direction of an officer authorized to make arrests under
section 97B.065, subdivision 2.

new text begin (b) new text endTaking or submitting to deleted text beginthedeleted text end new text begina new text endtest new text beginof the person's breath new text endis mandatory when requested
by an officer who has probable cause to believe the person was hunting in violation of
section 97B.065, subdivision 1, paragraph (a) or (c), and one of the following conditions
exists:

(1) the person has been lawfully placed under arrest for violating section 97B.065,
subdivision 1
, paragraph (a) or (c);

(2) the person has been involved while hunting in an accident resulting in property
damage, personal injury, or death;

(3) the person has refused to take the preliminary screening test provided for in section
97B.065, subdivision 3; or

(4) the screening test was administered and indicated an alcohol concentration of 0.08
or more.

new text begin (c) Taking or submitting to a test of the person's blood or urine is mandatory when
requested by a peace officer under the conditions described in paragraph (b) if the officer
is acting pursuant to a search warrant under sections 626.04 to 626.18.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017, and applies to acts committed
on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2016, section 97B.066, is amended by adding a subdivision to
read:


new text begin Subd. 1a. new text end

new text begin Blood or urine test; search warrant required. new text end

new text begin Notwithstanding any contrary
provision in this section, a blood or urine test may be conducted only pursuant to a search
warrant under sections 626.04 to 626.18, or a judicially recognized exception to the search
warrant requirement. When, under the provisions of this section, a search warrant is required
for a blood or urine test, that requirement is met if a judicially recognized exception to the
search warrant is applicable.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017, and applies to acts committed
on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2016, section 97B.066, subdivision 2, is amended to read:


Subd. 2.

Penalties; refusal; revocation of hunting privilege.

(a) If a person refuses to
take a test required under subdivision 1, none must be given but the officer authorized to
make arrests under section 97B.065, subdivision 2, shall report the refusal to the
commissioner of natural resources and to the authority having responsibility for prosecution
of misdemeanor offenses for the jurisdiction in which the incident occurred that gave rise
to the test demand and refusal.

On certification by the officer that probable cause existed to believe the person had been
hunting while under the influence of alcohol or a controlled substance, new text beginthat in the case of a
blood or urine test the officer was acting pursuant to a search warrant,
new text endand that the person
refused to submit to testing, the commissioner shall impose a civil penalty of $500 and shall
prohibit the person from hunting for one year.

On behalf of the commissioner, an officer requiring a test or directing the administration
of a test shall serve on a person who refused to permit a test immediate notice of intention
to prohibit the person from hunting, and to impose the civil penalty set forth in this
subdivision. If the officer fails to serve a notice of intent to suspend hunting privileges, the
commissioner may notify the person by certified mail to the address on the license of the
person. The notice must advise the person of the right to obtain administrative and judicial
review as provided in this section. The prohibition imposed by the commissioner takes
effect ten days after receipt of the notice. The civil penalty is imposed 30 days after receipt
of the notice or upon return of the certified mail to the commissioner, and must be paid
within 30 days of imposition.

(b) A person who hunts during the period the person is prohibited from hunting as
provided under paragraph (a) is guilty of a misdemeanor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017, and applies to acts committed
on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2016, section 97B.066, subdivision 3, is amended to read:


Subd. 3.

Rights and obligations.

At the time a test is requested, the person must be
informed that:

(1) Minnesota law requires a person to take a test to determine if the person is under the
influence of alcohol or a controlled substance;

(2) if the person refuses to take the test, the person is subject to a civil penalty of $500
and is prohibited for a one-year period from hunting, as provided under subdivision 2; and

(3) thatnew text begin, in the case of a breath test,new text end the person has the right to consult with an attorney,
but that this right is limited to the extent it cannot unreasonably delay administration of the
test or the person will be deemed to have refused the test.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017, and applies to acts committed
on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2016, section 97B.066, subdivision 4, is amended to read:


Subd. 4.

deleted text beginRequirement of urinedeleted text endnew text begin Type ofnew text end test.

deleted text begin Notwithstanding subdivision 1, deleted text end new text begin (a) A
peace officer who directs a test pursuant to this section may direct a breath test.
new text end

new text begin (b) A peace officer, acting pursuant to a search warrant, may direct a blood or urine test
as provided in the warrant. If the warrant authorizes either a blood or urine test, the officer
may direct whether the test is of blood or urine. If the person to whom the test is directed
objects to the test, the officer shall offer the person an alternative test of either blood or
urine.
new text end

new text begin (c) new text end If there is probable cause to believe there is impairment by a controlled substance
that is not subject to testing by a breath test, a blood or urine test may be requirednew text begin pursuant
to a search warrant
new text end even after a breath test has been administered.

new text begin (d) Action under this section may be taken against a person who refuses to take a blood
test only if an alternative test was offered and action may be taken against a person who
refuses to take a urine test only if an alternative test was offered.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017, and applies to acts committed
on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2016, section 97B.066, subdivision 8, is amended to read:


Subd. 8.

Judicial review.

(a) Within deleted text begin30deleted text end new text begin60 new text enddays following receipt of a notice and order
imposing sanctions under this section, a person may petition the court for review. The
petition must be filed with the district court administrator in the county where the incident
occurred giving rise to the test demand and refusal, together with proof of service of a copy
on the commissioner and the prosecuting authority for misdemeanor offenses for the
jurisdiction in which the incident occurred. A responsive pleading is not required of the
commissioner of natural resources, and court fees may not be charged for the appearance
of the representative of the commissioner in the matter.

(b) The petition must be captioned in the name of the person making the petition as
petitioner and the commissioner as respondent. The petition must state specifically the
grounds upon which the petitioner seeks rescission of the order imposing sanctions.

(c) The filing of the petition does not stay the revocation or prohibition against hunting.
However, the filing of a petition stays imposition of the civil penalty. The judicial review
shall be conducted according to the Rules of Civil Procedure.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017, and applies to acts committed
on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2016, section 97B.066, subdivision 9, is amended to read:


Subd. 9.

Hearing.

(a) A hearing under this section must be before a district court judge
in the county where the incident occurred which gave rise to the test demand and refusal.
The hearing must be to the court and may be conducted at the same time as hearings upon
pretrial motions in the criminal prosecution under section 97B.065. The hearing must be
recorded. The commissioner must be represented by the prosecuting authority for
misdemeanor offenses for the jurisdiction in which the incident occurred which gave rise
to the test demand and refusal.

(b) The hearing must be held at the earliest practicable date and in any event no later
than 60 days following the filing of the petition for review. The reviewing court may order
a temporary stay of the balance of the prohibition or revocation if the hearing has not been
conducted within 60 days after filing of the petition, upon the application of the petitioner
and upon terms the court deems proper.

(c) The scope of the hearing must be limited to the issues of:

(1) whether the officer had probable cause to believe that the person violated section
97B.065;

(2) whether one of the conditions in subdivision 1 existed;

(3) new text beginif the test involved blood or urine, whether a licensed peace officer applied for a
search warrant in accordance with the requirements set forth in sections 626.04 to 626.18,
and, if so, whether a neutral magistrate reviewed the application for the search warrant and
determined there was probable cause to believe that the person violated section 97B.065,
and whether the warrant and the process by which it was obtained was valid;
new text end

new text begin (4) new text endwhether the person was informed as prescribed in subdivision 3; and

deleted text begin (4)deleted text end new text begin(5) new text endwhether the person refused to submit to testing.

(d) It is an affirmative defense for the petitioner to prove that, at the time of the refusal,
the petitioner's refusal to permit the test was based upon reasonable grounds.

(e) The court shall order that the prohibition or revocation be either sustained or rescinded
and shall either sustain or rescind the civil penalty. The court shall forward a copy of the
order to the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017, and applies to acts committed
on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2016, section 360.0753, subdivision 2, is amended to read:


Subd. 2.

Implied consent; conditions; election of test.

(a) Any person who operates
or attempts to operate an aircraft in or over this state or over any boundary water of this
state consents, subject to the provisions of this section and section 360.0752, to a chemical
test of that person's blood, breath, or urine for the purpose of determining the presence or
amount of alcohol, controlled substances, or hazardous substances. The test shall be
administered at the direction of a peace officer.

deleted text begin Thedeleted text endnew text begin (b) Anew text end test new text beginof the person's breath new text endmay be required deleted text beginof a persondeleted text end when an officer has
probable cause to believe the person was operating or attempting to operate an aircraft in
violation of section 360.0752 and one of the following conditions exists:

(1) the person has been lawfully placed under arrest for violation of section 360.0752;

(2) the person has been involved in an aircraft accident or collision resulting in property
damage, personal injury, or death;

(3) the person has refused to take the screening test provided for by section 360.0752;

(4) the screening test was administered and recorded an alcohol concentration of 0.04
or more or the presence of a controlled substance listed in Schedule I or II other than
marijuana or tetrahydrocannabinols; or

(5) the officer had probable cause to believe that the person was operating or attempting
to operate an aircraft with any amount of alcohol present in the person's body.

new text begin (c) A test of the person's blood or urine may be required by an officer under the conditions
described in paragraph (b) if the officer is acting pursuant to a search warrant under sections
626.04 to 626.18.
new text end

deleted text begin (b)deleted text end new text begin(d) new text endAt the time a test is requested, the person shall be informed:

(1) that Minnesota law requires the person to take a test to determine the presence or
amount of alcohol or a controlled substance listed in Schedule I or II other than marijuana
or tetrahydrocannabinols, or to determine if the person is under the influence of alcohol,
controlled substances, or hazardous substances;

(2) that whether a test is taken or refused, the person may be subject to criminal
prosecution for an alcohol, controlled substance, or hazardous substance-related offense
relating to the operation of an aircraft;

(3) that if testing is refused, the person may be subject to criminal prosecution because
the person refused testing and the person will be disqualified from operating an aircraft for
a minimum period of one year;

(4) if the peace officer has probable cause to believe the person has violated the criminal
vehicular homicide and injury laws, that new text beginpursuant to a search warrant new text enda test will be taken
with or without the person's consent; and

(5) thatnew text begin, in the case of a breath test,new text end the person has the right to consult with an attorney,
but that this right is limited to the extent that it cannot unreasonably delay administration
of the test.

deleted text begin (c) The peace officer who requires a test pursuant to this subdivision may direct whether
the test shall be of blood, breath, or urine. Action may be taken against a person who refuses
to take a blood test only if an alternative test was offered, and action may be taken against
a person who refuses to take a urine test only if an alternative test was offered.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017, and applies to acts committed
on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2016, section 360.0753, is amended by adding a subdivision
to read:


new text begin Subd. 2a. new text end

new text begin Blood or urine test; search warrant required. new text end

new text begin Notwithstanding any contrary
provision in this section, a blood or urine test may be conducted only pursuant to a search
warrant under sections 626.04 to 626.18, or a judicially recognized exception to the search
warrant requirement. When, under the provisions of this section, a search warrant is required
for a blood or urine test, that requirement is met if a judicially recognized exception to the
search warrant is applicable.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017, and applies to acts committed
on or after that date.
new text end

Sec. 10.

Minnesota Statutes 2016, section 360.0753, subdivision 3, is amended to read:


Subd. 3.

deleted text beginRequirement of urine or blooddeleted text endnew text begin Type ofnew text end test.

deleted text beginNotwithstanding subdivision 2,deleted text end
new text begin (a) A peace officer who directs a test pursuant to this section may direct a breath test.
new text end

new text begin (b) A peace officer, acting pursuant to a search warrant, may direct a blood or urine test
as provided in the warrant. If the warrant authorizes either a blood or urine test, the officer
may direct whether the test is of blood or urine. If the person to whom the test is directed
objects to the test, the officer shall offer the person an alternative test of either blood or
urine.
new text end

new text begin (c) new text endA blood or urine test may be required new text beginpursuant to a search warrant new text endeven after a breath
test has been administered if there is probable cause to believe that: (1) there is impairment
by a controlled substance or hazardous substance that is not subject to testing by a breath
test; or (2) a controlled substance listed in Schedule I or II, other than marijuana or
tetrahydrocannabinols, is present in the person's body. deleted text beginAction may be taken against a person
who refuses to take a blood test under this subdivision only if a urine test was offered, and
action may be taken against a person who refuses to take a urine test only if a blood test
was offered.
deleted text end

new text begin (d) Action under this section may be taken against a person who refuses to take a blood
test only if an alternative test was offered and action may be taken against a person who
refuses to take a urine test only if an alternative test was offered.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017, and applies to acts committed
on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2016, section 360.0753, subdivision 7, is amended to read:


Subd. 7.

Refusal to permit test; cease and desist order.

If a person under arrest refuses
to permit chemical testing, none shall be given, but the commissioner of transportation,
upon the receipt of a certificate of the peace officer that the officer had reasonable and
probable grounds to believe the arrested person had been operating or attempting to operate
an aircraft in violation of section 360.0752new text begin, that in the case of a blood or urine test the officer
was acting pursuant to a search warrant,
new text end and that the person had refused to permit the test,
shall issue a cease and desist order prohibiting the operation of an aircraft for a period of
one year. However, if a peace officer has probable cause to believe that the person has
violated section 609.2112, 609.2113, or 609.2114, a test may be required and obtained
despite the person's refusal. When a test is obtained pursuant to this section after the person
refused to submit to testing, the commissioner of transportation shall issue a cease and desist
order under this section based on the person's refusalnew text begin. However, if the test is of the person's
blood or urine, the test must have been taken pursuant to a search warrant in order for a
cease and desist order to be issued
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017, and applies to acts committed
on or after that date.
new text end

Sec. 12.

Minnesota Statutes 2016, section 360.0753, subdivision 9, is amended to read:


Subd. 9.

Hearing.

The hearing shall be before a district court in the county where the
arrest occurred, unless there is agreement that the hearing may be held in some other county.
The hearing shall be recorded and proceed as in a criminal matter, without the right of trial
by jury, and its scope shall cover the issues of whether the peace officer had reasonable and
probable grounds to believe the person was operating or attempting to operate an aircraft
in violation of section 360.0752; whether the person was lawfully placed under arrest; new text beginif
the test involved blood or urine, whether a licensed peace officer applied for a search warrant
in accordance with the requirements set forth in sections 626.04 to 626.18, and, if so, whether
a neutral magistrate reviewed the application for the search warrant and determined there
was probable cause to believe that the person violated section 360.0752, and whether the
warrant and the process by which it was obtained was valid;
new text endwhether the person refused to
permit the test, and if the person refused whether the person had reasonable grounds for
refusing to permit the test; and whether at the time of request for the test the peace officer
informed the person that the right to fly will be denied if the person refused to permit the
test and of the right to have additional tests made by someone of the person's own choosing.
The court shall order either that the denial be rescinded or sustained and refer the order to
the commissioner of transportation for further action.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017, and applies to acts committed
on or after that date.
new text end

Sec. 13.

Minnesota Statutes 2016, section 624.7143, subdivision 1, is amended to read:


Subdivision 1.

Mandatory chemical testing.

new text begin(a) new text endA person who carries a pistol in a
public place on or about the person's clothes or person is required, subject to the provisions
of this section, to take or submit to a test of the person's blood, breath, or urine for the
purpose of determining the presence and amount of alcohol or a controlled substance. The
test shall be administered at the direction of an officer authorized to make arrests under
section 624.7142.

new text begin (b) new text endTaking or submitting to deleted text beginthedeleted text endnew text begin anew text end test new text beginof the person's breath new text endis mandatory when requested
by an officer who has probable cause to believe the person was carrying a pistol in violation
of section 624.7142, and one of the following conditions exists:

(1) the person has been lawfully placed under arrest for violating section 624.7142;

(2) the person has been involved while carrying a firearm in a firearms-related accident
resulting in property damage, personal injury, or death;

(3) the person has refused to take the preliminary screening test provided for in section
624.7142; or

(4) the screening test was administered and indicated an alcohol concentration of 0.04
or more.

new text begin (c) Taking or submitting to a test of the person's blood or urine is mandatory when
requested by a peace officer under the conditions described in paragraph (b) if the officer
is acting pursuant to a search warrant under sections 626.04 to 626.18.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017, and applies to acts committed
on or after that date.
new text end

Sec. 14.

Minnesota Statutes 2016, section 624.7143, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Blood or urine test; search warrant required. new text end

new text begin Notwithstanding any contrary
provision in this section, a blood or urine test may be conducted only pursuant to a search
warrant under sections 626.04 to 626.18, or a judicially recognized exception to the search
warrant requirement. When, under the provisions of this section, a search warrant is required
for a blood or urine test, that requirement is met if a judicially recognized exception to the
search warrant is applicable.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017, and applies to acts committed
on or after that date.
new text end

Sec. 15.

Minnesota Statutes 2016, section 624.7143, subdivision 2, is amended to read:


Subd. 2.

Penalties; refusal; revocation.

(a) If a person refuses to take a test required
under subdivision 1, none must be given but the officer shall report the refusal to the sheriff
and to the authority having responsibility for prosecution of misdemeanor offenses for the
jurisdiction in which the incident occurred that gave rise to the test demand and refusal. On
certification by the officer that probable cause existed to believe the person had been carrying
a pistol on or about the person's clothes or person in a public place while under the influence
of alcohol or a controlled substance, new text beginthat in the case of a blood or urine test the officer was
acting pursuant to a search warrant,
new text endand that the person refused to submit to testing, a court
may impose a civil penalty of $500 and may revoke the person's authority to carry a pistol
in a public place on or about the person's clothes or person under the provisions of a permit
or otherwise for a period of one year from the date of the refusal. The person shall be
accorded notice and an opportunity to be heard prior to imposition of the civil penalty or
the revocation.

(b) Revocations under this subdivision must be reported in the same manner as in section
624.714, subdivision 12a.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017, and applies to acts committed
on or after that date.
new text end

Sec. 16.

Minnesota Statutes 2016, section 624.7143, subdivision 3, is amended to read:


Subd. 3.

Rights and obligations.

At the time a test is requested, the person must be
informed that:

(1) Minnesota law requires a person to take a test to determine if the person is under the
influence of alcohol or a controlled substance;

(2) if the person refuses to take the test, the person is subject to a civil penalty of $500
and is prohibited for a period of one year from carrying a pistol in a public place on or about
the person's clothes or person, as provided under subdivision 2; and

(3) thatnew text begin, in the case of a breath test,new text end the person has the right to consult with an attorney,
but that this right is limited to the extent it cannot unreasonably delay administration of the
test or the person will be deemed to have refused the test.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017, and applies to acts committed
on or after that date.
new text end

Sec. 17.

Minnesota Statutes 2016, section 624.7143, subdivision 4, is amended to read:


Subd. 4.

deleted text beginRequirement of blood or urinedeleted text endnew text begin Type ofnew text end test.

deleted text beginNotwithstanding subdivision 1,deleted text endnew text begin
(a) A peace officer who directs a test pursuant to this section may direct a breath test.
new text end

new text begin (b) A peace officer, acting pursuant to a search warrant, may direct a blood or urine test
as provided in the warrant. If the warrant authorizes either a blood or urine test, the officer
may direct whether the test is of blood or urine. If the person to whom the test is directed
objects to the test, the officer shall offer the person an alternative test of either blood or
urine.
new text end

new text begin (c) new text endIf there is probable cause to believe there is impairment by a controlled substance
that is not subject to testing by a breath test, a blood or urine test may be required new text beginpursuant
to a search warrant
new text endeven after a breath test has been administered.

new text begin (d) Action under this section may be taken against a person who refuses to take a blood
test only if an alternative test was offered and action may be taken against a person who
refuses to take a urine test only if an alternative test was offered.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017, and applies to acts committed
on or after that date.
new text end

Sec. 18. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall add cross-references to Minnesota Statutes, section 171.177,
in Minnesota Statutes sections that contain cross-references to driver's license revocations
under Minnesota Statutes, section 169A.52, as necessary. The revisor may make technical
and other necessary changes to language and sentence structure to preserve the meaning of
the text of the statute.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end