HF 1848

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; repealing provisions and 
  1.3             striking language related to the enhanced gross 
  1.4             misdemeanor DWI crime; expanding the gross misdemeanor 
  1.5             DWI crime, probationary period, and mandatory 
  1.6             sentencing provisions; requiring mandatory consecutive 
  1.7             sentences for certain DWI-related offenses; amending 
  1.8             Minnesota Statutes 1998, sections 169.121, 
  1.9             subdivisions 3 and 3d; 169.129, subdivision 1; 609.02, 
  1.10            subdivision 2; 609.035, subdivision 2; 609.105, 
  1.11            subdivisions 1 and 3; 609.135, subdivision 2; and 
  1.12            609.15, subdivision 2; repealing Minnesota Statutes 
  1.13            1998, sections 169.121, subdivision 3e; 169.129, 
  1.14            subdivision 2; and 609.02, subdivision 2a. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  Minnesota Statutes 1998, section 169.121, 
  1.17  subdivision 3, is amended to read: 
  1.18     Subd. 3.  [CRIMINAL PENALTIES.] (a) As used in this section:
  1.19     (1) "Prior impaired driving conviction" means a prior 
  1.20  conviction under: 
  1.21     (i) this section; Minnesota Statutes 1996, section 84.91, 
  1.22  subdivision 1, paragraph (a), or 86B.331, subdivision 1, 
  1.23  paragraph (a); section 169.1211; section 169.129; or section 
  1.24  360.0752; 
  1.25     (ii) section 609.21, subdivision 1, clauses (2) to (6); 
  1.26  subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 
  1.27  to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
  1.28  clauses (2) to (6); or subdivision 4, clauses (2) to (6); or 
  1.29     (iii) an ordinance from this state, or a statute or 
  1.30  ordinance from another state, in conformity with any provision 
  2.1   listed in item (i) or (ii). 
  2.2      A prior impaired driving conviction also includes a prior 
  2.3   juvenile adjudication that would have been a prior impaired 
  2.4   driving conviction if committed by an adult. 
  2.5      (2) "Prior license revocation" means a driver's license 
  2.6   suspension, revocation, cancellation, denial, or 
  2.7   disqualification under: 
  2.8      (i) this section or section 169.1211, 169.123, 171.04, 
  2.9   171.14, 171.16, 171.165, 171.17, or 171.18 because of an 
  2.10  alcohol-related incident; 
  2.11     (ii) section 609.21, subdivision 1, clauses (2) to (6); 
  2.12  subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 
  2.13  to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
  2.14  clauses (2) to (6); or subdivision 4, clauses (2) to (6); or 
  2.15     (iii) an ordinance from this state, or a statute or 
  2.16  ordinance from another state, in conformity with any provision 
  2.17  listed in item (i) or (ii). 
  2.18     "Prior license revocation" also means the revocation of 
  2.19  snowmobile or all-terrain vehicle operating privileges under 
  2.20  section 84.911, or motorboat operating privileges under section 
  2.21  86B.335, for violations that occurred on or after August 1, 1995.
  2.22     (b) A person who violates subdivision 1, clause (a), (b), 
  2.23  (c), (d), (e), (g), or (h), or subdivision 1a, or an ordinance 
  2.24  in conformity with any of them, is guilty of a misdemeanor. 
  2.25     (c) A person is guilty of a gross misdemeanor under any of 
  2.26  the following circumstances: 
  2.27     (1) the person violates subdivision 1, clause (f); 
  2.28     (2) the person violates subdivision 1, clause (a), (b), 
  2.29  (c), (d), (e), (g), or (h), or subdivision 1a,: 
  2.30     (i) within five years of a prior impaired driving 
  2.31  conviction or a prior license revocation; or 
  2.32     (ii) within ten years of the first of two or more prior 
  2.33  impaired driving convictions, two or more prior license 
  2.34  revocations, or any combination of two or more prior impaired 
  2.35  driving convictions and prior license revocations, based on 
  2.36  separate incidents; 
  3.1      (3) the person violates section 169.26 while in violation 
  3.2   of subdivision 1; or 
  3.3      (4) the person violates subdivision 1 or 1a while a child 
  3.4   under the age of 16 is in the vehicle, if the child is more than 
  3.5   36 months younger than the violator. 
  3.6      A person convicted of a gross misdemeanor under this 
  3.7   paragraph is subject to the mandatory penalties provided in 
  3.8   subdivision 3d. 
  3.9      (d) A person is guilty of an enhanced gross misdemeanor 
  3.10  under any of the following circumstances: 
  3.11     (1) the person violates subdivision 1, clause (f), or 
  3.12  commits a violation described in paragraph (c), clause (3) or 
  3.13  (4), within ten years of one or more prior impaired driving 
  3.14  convictions or prior license revocations; 
  3.15     (2) the person violates subdivision 1, clause (a), (b), 
  3.16  (c), (d), (e), (g), or (h), or subdivision 1a, within ten years 
  3.17  of the first of two or more prior impaired driving convictions, 
  3.18  two or more prior license revocations, or any combination of two 
  3.19  or more prior impaired driving convictions and prior license 
  3.20  revocations, based on separate incidents. 
  3.21     A person convicted of an enhanced gross misdemeanor under 
  3.22  this paragraph may be sentenced to imprisonment in a local 
  3.23  correctional facility for not more than two years or to payment 
  3.24  of a fine of not more than $3,000, or both.  Additionally, the 
  3.25  person is subject to the applicable mandatory penalties provided 
  3.26  in subdivision 3e. 
  3.27     (e) The court shall notify a person convicted of violating 
  3.28  subdivision 1 or 1a that the registration plates of the person's 
  3.29  motor vehicle may be impounded under section 168.042 and the 
  3.30  vehicle may be subject to forfeiture under section 169.1217 upon 
  3.31  a subsequent conviction for violating this section, section 
  3.32  169.129, or section 171.24, or a subsequent license revocation 
  3.33  under section 169.123.  The notice must describe the conduct and 
  3.34  the time periods within which the conduct must occur in order to 
  3.35  result in plate impoundment or forfeiture.  The failure of the 
  3.36  court to provide this information does not affect the 
  4.1   applicability of the plate impoundment or the forfeiture 
  4.2   provision to that person. 
  4.3      (f) (e) The attorney in the jurisdiction in which the 
  4.4   violation occurred who is responsible for prosecution of 
  4.5   misdemeanor violations of this section shall also be responsible 
  4.6   for prosecution of gross misdemeanor and enhanced gross 
  4.7   misdemeanor violations of this section. 
  4.8      (g) (f) The court must impose consecutive sentences when it 
  4.9   sentences a person for a violation of this section or section 
  4.10  169.129 arising out of separate behavioral incidents.  The court 
  4.11  also must impose a consecutive sentence when it sentences a 
  4.12  person for a violation of this section or section 169.129 and 
  4.13  the person, at the time of sentencing, is on probation for, or 
  4.14  serving, an executed sentence for a violation of this section or 
  4.15  section 169.129 and the prior sentence involved a separate 
  4.16  behavioral incident.  The court also may order that the sentence 
  4.17  imposed for a violation of this section or section 169.129 shall 
  4.18  run consecutively to a previously imposed misdemeanor, gross 
  4.19  misdemeanor or felony sentence for a violation other than this 
  4.20  section or section 169.129.  
  4.21     (h) (g) When the court stays the sentence of a person 
  4.22  convicted under this section, the length of the stay is governed 
  4.23  by section 609.135, subdivision 2. 
  4.24     (i) (h) The court may impose consecutive sentences for 
  4.25  offenses arising out of a single course of conduct as permitted 
  4.26  in section 609.035, subdivision 2.  
  4.27     (i) The court shall impose consecutive sentences for a 
  4.28  violation of this section or section 169.129 and an offense 
  4.29  listed in section 609.035, subdivision 2, paragraph (f), arising 
  4.30  out of the same course of conduct, as required by section 
  4.31  609.035, subdivision 2, paragraph (g). 
  4.32     (j) When an attorney responsible for prosecuting gross 
  4.33  misdemeanors or enhanced gross misdemeanors under this section 
  4.34  requests criminal history information relating to prior impaired 
  4.35  driving convictions from a court, the court must furnish the 
  4.36  information without charge. 
  5.1      (k) A violation of subdivision 1a may be prosecuted either 
  5.2   in the jurisdiction where the arresting officer observed the 
  5.3   defendant driving, operating, or in control of the motor vehicle 
  5.4   or in the jurisdiction where the refusal occurred. 
  5.5      Sec. 2.  Minnesota Statutes 1998, section 169.121, 
  5.6   subdivision 3d, is amended to read: 
  5.7      Subd. 3d.  [GROSS MISDEMEANOR; MANDATORY PENALTIES.] (a) 
  5.8   The mandatory penalties in this subdivision apply to persons 
  5.9   convicted of a gross misdemeanor under subdivision 3, paragraph 
  5.10  (c), or section 169.129. 
  5.11     (b) A person who is convicted of a gross misdemeanor under 
  5.12  subdivision 3, paragraph (c), or is convicted of a gross 
  5.13  misdemeanor violation of section 169.129 within five years of a 
  5.14  prior impaired driving conviction or prior license revocation, 
  5.15  must be sentenced to a minimum of 30 days imprisonment, at least 
  5.16  48 hours of which must be served consecutively, or to eight 
  5.17  hours of community work service for each day less than 30 days 
  5.18  that the person is ordered to serve in jail.  Notwithstanding 
  5.19  section 609.135, the above sentence must be executed, unless the 
  5.20  court departs from the mandatory minimum sentence under 
  5.21  paragraph (c) (f) or (d) (g). 
  5.22     (c) A person who is convicted of a gross misdemeanor under 
  5.23  subdivision 3, paragraph (c), or is convicted of a gross 
  5.24  misdemeanor violation of section 169.129 within ten years of two 
  5.25  prior impaired driving convictions, two prior license 
  5.26  revocations, or a combination of the two, must be sentenced to 
  5.27  either: 
  5.28     (1) a minimum of 90 days incarceration, at least 30 days of 
  5.29  which must be served consecutively in a local correctional 
  5.30  facility; or 
  5.31     (2) a program of intensive supervision of the type 
  5.32  described in section 169.1265 that requires the person to 
  5.33  consecutively serve at least six days in a local correctional 
  5.34  facility.  
  5.35  The court may order that the person serve not more than 60 days 
  5.36  of the minimum penalty under clause (1) on home detention or in 
  6.1   an intensive probation program described in section 169.1265.  
  6.2   Notwithstanding section 609.135, the penalties in this paragraph 
  6.3   must be imposed and executed. 
  6.4      (d) A person who is convicted of a gross misdemeanor under 
  6.5   subdivision 3, paragraph (c), or is convicted of a gross 
  6.6   misdemeanor violation of section 169.129 within ten years of 
  6.7   three prior impaired driving convictions, three prior license 
  6.8   revocations, or a combination of the two, must be sentenced to 
  6.9   either: 
  6.10     (1) a minimum of 180 days of incarceration, at least 30 
  6.11  days of which must be served consecutively in a local 
  6.12  correctional facility; or 
  6.13     (2) a program of intensive supervision of the type 
  6.14  described in section 169.1265 that requires the person to 
  6.15  consecutively serve at least six days in a local correctional 
  6.16  facility.  
  6.17  The court may order that the person serve not more than 150 days 
  6.18  of the minimum penalty under clause (1) on home detention or in 
  6.19  an intensive probation program described in section 169.1265.  
  6.20  Notwithstanding section 609.135, the penalties in this paragraph 
  6.21  must be imposed and executed. 
  6.22     (e) A person who is convicted of a gross misdemeanor under 
  6.23  subdivision 3, paragraph (c), or is convicted of a gross 
  6.24  misdemeanor violation of section 169.129 within 15 years of four 
  6.25  prior impaired driving convictions, four prior license 
  6.26  revocations, or a combination of the two; or anytime after five 
  6.27  or more prior impaired driving convictions, five or more prior 
  6.28  license revocations, or a combination of the two, must be 
  6.29  sentenced to either: 
  6.30     (1) a minimum of one year of incarceration, at least 60 
  6.31  days of which must be served consecutively in a local 
  6.32  correctional facility; or 
  6.33     (2) a program of intensive supervision of the type 
  6.34  described in section 169.1265 that requires the person to 
  6.35  consecutively serve at least six days in a local correctional 
  6.36  facility.  
  7.1   The court may order that the person serve the remainder of the 
  7.2   minimum penalty under clause (1) on intensive probation using an 
  7.3   electronic monitoring system or, if such a system is 
  7.4   unavailable, on home detention.  Notwithstanding section 
  7.5   609.135, the penalties in this paragraph must be imposed and 
  7.6   executed. 
  7.7      (f) Prior to sentencing, the prosecutor may file a motion 
  7.8   to have the a defendant described in paragraph (b) sentenced 
  7.9   without regard to the mandatory minimum sentence established 
  7.10  by this subdivision that paragraph.  The motion must be 
  7.11  accompanied by a statement on the record of the reasons for it.  
  7.12  When presented with the prosecutor's motion and if it finds that 
  7.13  substantial mitigating factors exist, the court shall sentence 
  7.14  the defendant without regard to the mandatory minimum sentence 
  7.15  established by this subdivision paragraph (b).  
  7.16     (d) (g) The court may, on its own motion, sentence the a 
  7.17  defendant described in paragraph (b) without regard to the 
  7.18  mandatory minimum sentence established by this subdivision that 
  7.19  paragraph if it finds that substantial mitigating factors exist 
  7.20  and if its sentencing departure is accompanied by a statement on 
  7.21  the record of the reasons for it.  The court also may sentence 
  7.22  the defendant without regard to the mandatory minimum sentence 
  7.23  established by this subdivision paragraph (b) if the defendant 
  7.24  is sentenced to probation and ordered to participate in a 
  7.25  program established under section 169.1265. 
  7.26     (e) (h) When any portion of the sentence required by this 
  7.27  subdivision paragraph (b) is not executed, the court should 
  7.28  impose a sentence that is proportional to the extent of the 
  7.29  offender's prior criminal and moving traffic violation record.  
  7.30  Any sentence required under this subdivision paragraph (b) must 
  7.31  include a mandatory sentence that is not subject to suspension 
  7.32  or a stay of imposition or execution, and that includes 
  7.33  incarceration for not less than 48 consecutive hours or at least 
  7.34  80 hours of community work service. 
  7.35     Sec. 3.  Minnesota Statutes 1998, section 169.129, 
  7.36  subdivision 1, is amended to read: 
  8.1      Subdivision 1.  [CRIME.] It is a crime gross misdemeanor 
  8.2   for any person to drive, operate, or be in physical control of a 
  8.3   motor vehicle, the operation of which requires a driver's 
  8.4   license, within this state or upon the ice of any boundary water 
  8.5   of this state in violation of section 169.121 or an ordinance in 
  8.6   conformity with it before the person's driver's license or 
  8.7   driving privilege has been reinstated following its 
  8.8   cancellation, suspension, revocation, disqualification, or 
  8.9   denial under any of the following:  
  8.10     (1) section 169.121, 169.1211, or 169.123; 
  8.11     (2) section 171.04, 171.14, 171.16, 171.17, or 171.18 
  8.12  because of an alcohol-related incident; 
  8.13     (3) section 609.21, subdivision 1, clauses (2) to (6); 
  8.14  subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 
  8.15  to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
  8.16  clauses (2) to (6); or subdivision 4, clauses (2) to (6). 
  8.17     Sec. 4.  Minnesota Statutes 1998, section 609.02, 
  8.18  subdivision 2, is amended to read: 
  8.19     Subd. 2.  [FELONY.] "Felony" means a crime, other than an 
  8.20  enhanced gross misdemeanor, for which a sentence of imprisonment 
  8.21  for more than one year may be imposed. 
  8.22     Sec. 5.  Minnesota Statutes 1998, section 609.035, 
  8.23  subdivision 2, is amended to read: 
  8.24     Subd. 2.  (a) When a person is being sentenced for a 
  8.25  violation of a provision listed in paragraph (f), the court may 
  8.26  sentence the person to a consecutive term of imprisonment for a 
  8.27  violation of any other provision listed in paragraph (f), 
  8.28  notwithstanding the fact that the offenses arose out of the same 
  8.29  course of conduct, subject to the limitation on consecutive 
  8.30  sentences contained in section 609.15, subdivision 2, and except 
  8.31  as provided in paragraphs (b), (c), and (d), and (g) of this 
  8.32  subdivision. 
  8.33     (b) When a person is being sentenced for a violation of 
  8.34  section 169.129 the court may not impose a consecutive sentence 
  8.35  for a violation of a provision of section 169.121, subdivision 
  8.36  1, or for a violation of a provision of section 171.20, 171.24, 
  9.1   or 171.30. 
  9.2      (c) When a person is being sentenced for a violation of 
  9.3   section 171.20, 171.24, or 171.30, the court may not impose a 
  9.4   consecutive sentence for another violation of a provision in 
  9.5   chapter 171. 
  9.6      (d) When a person is being sentenced for a violation of 
  9.7   section 169.791 or 169.797, the court may not impose a 
  9.8   consecutive sentence for another violation of a provision of 
  9.9   sections 169.79 to 169.7995. 
  9.10     (e) This subdivision does not limit the authority of the 
  9.11  court to impose consecutive sentences for crimes arising on 
  9.12  different dates or to impose a consecutive sentence when a 
  9.13  person is being sentenced for a crime and is also in violation 
  9.14  of the conditions of a stayed or otherwise deferred sentence 
  9.15  under section 609.135. 
  9.16     (f) This subdivision applies to misdemeanor and gross 
  9.17  misdemeanor violations of the following if the offender has two 
  9.18  or more prior impaired driving convictions as defined in section 
  9.19  169.121, subdivision 3: 
  9.20     (1) section 169.121, subdivision 1, driving while 
  9.21  intoxicated; 
  9.22     (2) section 169.121, subdivision 1a, testing refusal; 
  9.23     (3) section 169.129, aggravated driving while intoxicated; 
  9.24     (4) section 169.791, failure to provide proof of insurance; 
  9.25     (5) section 169.797, failure to provide vehicle insurance; 
  9.26     (6) section 171.20, subdivision 2, operation after 
  9.27  revocation, suspension, cancellation, or disqualification; 
  9.28     (7) section 171.24, driving without valid license; 
  9.29     (8) section 171.30, violation of condition of limited 
  9.30  license; and 
  9.31     (9) section 609.487, fleeing a peace officer. 
  9.32     (g) When a court is sentencing an offender for a violation 
  9.33  of section 169.121 or 169.129 and a violation of an offense 
  9.34  listed in paragraph (f), and the offender has five or more prior 
  9.35  impaired driving convictions, five or more prior license 
  9.36  revocations, or a combination of the two, within the person's 
 10.1   lifetime, the court shall sentence the offender to serve 
 10.2   consecutive sentences for the offenses, notwithstanding the fact 
 10.3   that the offenses arose out of the same course of conduct. 
 10.4      Sec. 6.  Minnesota Statutes 1998, section 609.105, 
 10.5   subdivision 1, is amended to read: 
 10.6      Subdivision 1.  Except as otherwise provided in subdivision 
 10.7   3, A sentence to imprisonment for more than one year shall 
 10.8   commit the defendant to the custody of the commissioner of 
 10.9   corrections.  
 10.10     Sec. 7.  Minnesota Statutes 1998, section 609.105, 
 10.11  subdivision 3, is amended to read: 
 10.12     Subd. 3.  A sentence to imprisonment for an enhanced gross 
 10.13  misdemeanor or for a period of one year or any lesser period 
 10.14  shall be to a workhouse, work farm, county jail, or other place 
 10.15  authorized by law.  
 10.16     Sec. 8.  Minnesota Statutes 1998, section 609.135, 
 10.17  subdivision 2, is amended to read: 
 10.18     Subd. 2.  [STAY OF SENTENCE MAXIMUM PERIODS.] (a) If the 
 10.19  conviction is for a felony the stay shall be for not more than 
 10.20  four years or the maximum period for which the sentence of 
 10.21  imprisonment might have been imposed, whichever is longer. 
 10.22     (b) If the conviction is for an enhanced gross misdemeanor 
 10.23  violation of section 169.121 or 169.129, the stay shall be for 
 10.24  not more than six years.  The court shall provide for 
 10.25  unsupervised probation for the last year of the stay unless the 
 10.26  court finds that the defendant needs supervised probation for 
 10.27  all or part of the last year. 
 10.28     (c) If the conviction is for a gross misdemeanor violation 
 10.29  of section 169.121 or 169.129, the stay shall be for not more 
 10.30  than four six years.  The court shall provide for unsupervised 
 10.31  probation for the last year of the stay unless the court finds 
 10.32  that the defendant needs supervised probation for all or part of 
 10.33  the last year. 
 10.34     (d) (c) If the conviction is for a gross misdemeanor not 
 10.35  specified in paragraph (c) (b), the stay shall be for not more 
 10.36  than two years. 
 11.1      (e) (d) If the conviction is for any misdemeanor under 
 11.2   section 169.121; 609.746, subdivision 1; 609.79; or 617.23; or 
 11.3   for a misdemeanor under section 609.2242 or 609.224, subdivision 
 11.4   1, in which the victim of the crime was a family or household 
 11.5   member as defined in section 518B.01, the stay shall be for not 
 11.6   more than two years.  The court shall provide for unsupervised 
 11.7   probation for the second year of the stay unless the court finds 
 11.8   that the defendant needs supervised probation for all or part of 
 11.9   the second year. 
 11.10     (f) (e) If the conviction is for a misdemeanor not 
 11.11  specified in paragraph (e) (d), the stay shall be for not more 
 11.12  than one year.  
 11.13     (g) (f) The defendant shall be discharged six months after 
 11.14  the term of the stay expires, unless the stay has been revoked 
 11.15  or extended under paragraph (h) (g), or the defendant has 
 11.16  already been discharged. 
 11.17     (h) (g) Notwithstanding the maximum periods specified for 
 11.18  stays of sentences under paragraphs (a) to (g) (f), a court may 
 11.19  extend a defendant's term of probation for up to one year if it 
 11.20  finds, at a hearing conducted under subdivision 1a, that: 
 11.21     (1) the defendant has not paid court-ordered restitution or 
 11.22  a fine in accordance with the payment schedule or structure; and 
 11.23     (2) the defendant is likely to not pay the restitution or 
 11.24  fine the defendant owes before the term of probation expires.  
 11.25  This one-year extension of probation for failure to pay 
 11.26  restitution or a fine may be extended by the court for up to one 
 11.27  additional year if the court finds, at another hearing conducted 
 11.28  under subdivision 1a, that the defendant still has not paid the 
 11.29  court-ordered restitution or fine that the defendant owes. 
 11.30     (i) (h) Notwithstanding the maximum periods specified for 
 11.31  stays of sentences under paragraphs (a) to (g) (f), a court may 
 11.32  extend a defendant's term of probation for up to three years if 
 11.33  it finds, at a hearing conducted under subdivision 1c, that: 
 11.34     (1) the defendant has failed to complete court-ordered 
 11.35  treatment successfully; and 
 11.36     (2) the defendant is likely not to complete court-ordered 
 12.1   treatment before the term of probation expires. 
 12.2      Sec. 9.  Minnesota Statutes 1998, section 609.15, 
 12.3   subdivision 2, is amended to read: 
 12.4      Subd. 2.  [LIMIT ON SENTENCES; MISDEMEANOR AND GROSS 
 12.5   MISDEMEANOR.] If the court specifies that the sentence shall run 
 12.6   consecutively and all of the sentences are for misdemeanors, the 
 12.7   total of the sentences shall not exceed one year.  If the 
 12.8   sentences are for a gross misdemeanor or enhanced gross 
 12.9   misdemeanor and one or more misdemeanors, the total of the 
 12.10  sentences shall not exceed two years.  If all of the sentences 
 12.11  are for gross misdemeanors and enhanced gross misdemeanors, the 
 12.12  total of the sentences shall not exceed four years. 
 12.13     Sec. 10.  [REPEALER.] 
 12.14     Minnesota Statutes 1998, sections 169.121, subdivision 3e; 
 12.15  169.129, subdivision 2; and 609.02, subdivision 2a, are repealed.
 12.16     Sec. 11.  [EFFECTIVE DATE.] 
 12.17     Sections 1 to 10 are effective the day following final 
 12.18  enactment and apply to crimes committed on or after that date.