Minnesota Legislature
HF 1848
as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
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 and mandatory sentencing provisions; 1.6 amending Minnesota Statutes 1998, sections 169.121, 1.7 subdivisions 3 and 3d; 169.129, subdivision 1; 609.02, 1.8 subdivision 2; 609.105, subdivisions 1 and 3; 609.135, 1.9 subdivision 2; and 609.15, subdivision 2; repealing 1.10 Minnesota Statutes 1998, sections 169.121, subdivision 1.11 3e; 169.129, subdivision 2; and 609.02, subdivision 2a. 1.12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.13 Section 1. Minnesota Statutes 1998, section 169.121, 1.14 subdivision 3, is amended to read: 1.15 Subd. 3. [CRIMINAL PENALTIES.] (a) As used in this section: 1.16 (1) "Prior impaired driving conviction" means a prior 1.17 conviction under: 1.18 (i) this section; Minnesota Statutes 1996, section 84.91, 1.19 subdivision 1, paragraph (a), or 86B.331, subdivision 1, 1.20 paragraph (a); section 169.1211; section 169.129; or section 1.21 360.0752; 1.22 (ii) section 609.21, subdivision 1, clauses (2) to (6); 1.23 subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 1.24 to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 1.25 clauses (2) to (6); or subdivision 4, clauses (2) to (6); or 1.26 (iii) an ordinance from this state, or a statute or 1.27 ordinance from another state, in conformity with any provision 1.28 listed in item (i) or (ii). 2.1 A prior impaired driving conviction also includes a prior 2.2 juvenile adjudication that would have been a prior impaired 2.3 driving conviction if committed by an adult. 2.4 (2) "Prior license revocation" means a driver's license 2.5 suspension, revocation, cancellation, denial, or 2.6 disqualification under: 2.7 (i) this section or section 169.1211, 169.123, 171.04, 2.8 171.14, 171.16, 171.165, 171.17, or 171.18 because of an 2.9 alcohol-related incident; 2.10 (ii) section 609.21, subdivision 1, clauses (2) to (6); 2.11 subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 2.12 to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 2.13 clauses (2) to (6); or subdivision 4, clauses (2) to (6); or 2.14 (iii) an ordinance from this state, or a statute or 2.15 ordinance from another state, in conformity with any provision 2.16 listed in item (i) or (ii). 2.17 "Prior license revocation" also means the revocation of 2.18 snowmobile or all-terrain vehicle operating privileges under 2.19 section 84.911, or motorboat operating privileges under section 2.20 86B.335, for violations that occurred on or after August 1, 1995. 2.21 (b) A person who violates subdivision 1, clause (a), (b), 2.22 (c), (d), (e), (g), or (h), or subdivision 1a, or an ordinance 2.23 in conformity with any of them, is guilty of a misdemeanor. 2.24 (c) A person is guilty of a gross misdemeanor under any of 2.25 the following circumstances: 2.26 (1) the person violates subdivision 1, clause (f); 2.27 (2) the person violates subdivision 1, clause (a), (b), 2.28 (c), (d), (e), (g), or (h), or subdivision 1a,: 2.29 (i) within five years of a prior impaired driving 2.30 conviction or a prior license revocation; or 2.31 (ii) within ten years of the first of two or more prior 2.32 impaired driving convictions, two or more prior license 2.33 revocations, or any combination of two or more prior impaired 2.34 driving convictions and prior license revocations, based on 2.35 separate incidents; 2.36 (3) the person violates section 169.26 while in violation 3.1 of subdivision 1; or 3.2 (4) the person violates subdivision 1 or 1a while a child 3.3 under the age of 16 is in the vehicle, if the child is more than 3.4 36 months younger than the violator. 3.5 A person convicted of a gross misdemeanor under this 3.6 paragraph is subject to the mandatory penalties provided in 3.7 subdivision 3d. 3.8 (d)A person is guilty of an enhanced gross misdemeanor3.9under any of the following circumstances:3.10(1) the person violates subdivision 1, clause (f), or3.11commits a violation described in paragraph (c), clause (3) or3.12(4), within ten years of one or more prior impaired driving3.13convictions or prior license revocations;3.14(2) the person violates subdivision 1, clause (a), (b),3.15(c), (d), (e), (g), or (h), or subdivision 1a, within ten years3.16of the first of two or more prior impaired driving convictions,3.17two or more prior license revocations, or any combination of two3.18or more prior impaired driving convictions and prior license3.19revocations, based on separate incidents.3.20A person convicted of an enhanced gross misdemeanor under3.21this paragraph may be sentenced to imprisonment in a local3.22correctional facility for not more than two years or to payment3.23of a fine of not more than $3,000, or both. Additionally, the3.24person is subject to the applicable mandatory penalties provided3.25in subdivision 3e.3.26(e)The court shall notify a person convicted of violating 3.27 subdivision 1 or 1a that the registration plates of the person's 3.28 motor vehicle may be impounded under section 168.042 and the 3.29 vehicle may be subject to forfeiture under section 169.1217 upon 3.30 a subsequent conviction for violating this section, section 3.31 169.129, or section 171.24, or a subsequent license revocation 3.32 under section 169.123. The notice must describe the conduct and 3.33 the time periods within which the conduct must occur in order to 3.34 result in plate impoundment or forfeiture. The failure of the 3.35 court to provide this information does not affect the 3.36 applicability of the plate impoundment or the forfeiture 4.1 provision to that person. 4.2(f)(e) The attorney in the jurisdiction in which the 4.3 violation occurred who is responsible for prosecution of 4.4 misdemeanor violations of this section shall also be responsible 4.5 for prosecution of gross misdemeanorand enhanced gross4.6misdemeanorviolations of this section. 4.7(g)(f) The court must impose consecutive sentences when it 4.8 sentences a person for a violation of this section or section 4.9 169.129 arising out of separate behavioral incidents. The court 4.10 also must impose a consecutive sentence when it sentences a 4.11 person for a violation of this section or section 169.129 and 4.12 the person, at the time of sentencing, is on probation for, or 4.13 serving, an executed sentence for a violation of this section or 4.14 section 169.129 and the prior sentence involved a separate 4.15 behavioral incident. The court also may order that the sentence 4.16 imposed for a violation of this section or section 169.129 shall 4.17 run consecutively to a previously imposed misdemeanor, gross 4.18 misdemeanor or felony sentence for a violation other than this 4.19 section or section 169.129. 4.20(h)(g) When the court stays the sentence of a person 4.21 convicted under this section, the length of the stay is governed 4.22 by section 609.135, subdivision 2. 4.23(i)(h) The court may impose consecutive sentences for 4.24 offenses arising out of a single course of conduct as permitted 4.25 in section 609.035, subdivision 2. 4.26(j)(i) When an attorney responsible for prosecuting gross 4.27 misdemeanorsor enhanced gross misdemeanorsunder this section 4.28 requests criminal history information relating to prior impaired 4.29 driving convictions from a court, the court must furnish the 4.30 information without charge. 4.31(k)(j) A violation of subdivision 1a may be prosecuted 4.32 either in the jurisdiction where the arresting officer observed 4.33 the defendant driving, operating, or in control of the motor 4.34 vehicle or in the jurisdiction where the refusal occurred. 4.35 Sec. 2. Minnesota Statutes 1998, section 169.121, 4.36 subdivision 3d, is amended to read: 5.1 Subd. 3d. [GROSS MISDEMEANOR; MANDATORY PENALTIES.] (a) 5.2 The mandatory penalties in this subdivision apply to persons 5.3 convicted of a gross misdemeanor under subdivision 3, paragraph 5.4 (c), or section 169.129. 5.5 (b) A person who is convicted of a gross misdemeanor under 5.6 subdivision 3, paragraph (c), or is convicted of a gross 5.7 misdemeanor violation of section 169.129 within five years of a 5.8 prior impaired driving conviction or prior license revocation, 5.9 must be sentenced to a minimum of 30 days imprisonment, at least 5.10 48 hours of which must be served consecutively, or to eight 5.11 hours of community work service for each day less than 30 days 5.12 that the person is ordered to serve in jail. Notwithstanding 5.13 section 609.135, the above sentence must be executed, unless the 5.14 court departs from the mandatory minimum sentence under 5.15 paragraph(c)(f) or(d)(g). 5.16 (c) A person who is convicted of a gross misdemeanor under 5.17 subdivision 3, paragraph (c), or is convicted of a gross 5.18 misdemeanor violation of section 169.129 within ten years of two 5.19 prior impaired driving convictions, two prior license 5.20 revocations, or a combination of the two, must be sentenced to 5.21 either: 5.22 (1) a minimum of 90 days incarceration, at least 30 days of 5.23 which must be served consecutively in a local correctional 5.24 facility; or 5.25 (2) a program of intensive supervision of the type 5.26 described in section 169.1265 that requires the person to 5.27 consecutively serve at least six days in a local correctional 5.28 facility. 5.29 The court may order that the person serve not more than 60 days 5.30 of the minimum penalty under clause (1) on home detention or in 5.31 an intensive probation program described in section 169.1265. 5.32 Notwithstanding section 609.135, the penalties in this paragraph 5.33 must be imposed and executed. 5.34 (d) A person who is convicted of a gross misdemeanor under 5.35 subdivision 3, paragraph (c), or is convicted of a gross 5.36 misdemeanor violation of section 169.129 within ten years of 6.1 three prior impaired driving convictions, three prior license 6.2 revocations, or a combination of the two, must be sentenced to 6.3 either: 6.4 (1) a minimum of 180 days of incarceration, at least 30 6.5 days of which must be served consecutively in a local 6.6 correctional facility; or 6.7 (2) a program of intensive supervision of the type 6.8 described in section 169.1265 that requires the person to 6.9 consecutively serve at least six days in a local correctional 6.10 facility. 6.11 The court may order that the person serve not more than 150 days 6.12 of the minimum penalty under clause (1) on home detention or in 6.13 an intensive probation program described in section 169.1265. 6.14 Notwithstanding section 609.135, the penalties in this paragraph 6.15 must be imposed and executed. 6.16 (e) A person who is convicted of a gross misdemeanor under 6.17 subdivision 3, paragraph (c), or is convicted of a gross 6.18 misdemeanor violation of section 169.129 within 15 years of four 6.19 prior impaired driving convictions, four prior license 6.20 revocations, or a combination of the two; or anytime after five 6.21 or more prior impaired driving convictions, five or more prior 6.22 license revocations, or a combination of the two, must be 6.23 sentenced to either: 6.24 (1) a minimum of one year of incarceration, at least 60 6.25 days of which must be served consecutively in a local 6.26 correctional facility; or 6.27 (2) a program of intensive supervision of the type 6.28 described in section 169.1265 that requires the person to 6.29 consecutively serve at least six days in a local correctional 6.30 facility. 6.31 The court may order that the person serve the remainder of the 6.32 minimum penalty under clause (1) on intensive probation using an 6.33 electronic monitoring system or, if such a system is 6.34 unavailable, on home detention. Notwithstanding section 6.35 609.135, the penalties in this paragraph must be imposed and 6.36 executed. 7.1 (f) Prior to sentencing, the prosecutor may file a motion 7.2 to havethea defendant described in paragraph (b) sentenced 7.3 without regard to the mandatory minimum sentence established 7.4 bythis subdivisionthat paragraph. The motion must be 7.5 accompanied by a statement on the record of the reasons for it. 7.6 When presented with the prosecutor's motion and if it finds that 7.7 substantial mitigating factors exist, the court shall sentence 7.8 the defendant without regard to the mandatory minimum sentence 7.9 established bythis subdivisionparagraph (b). 7.10(d)(g) The court may, on its own motion, sentencethea 7.11 defendant described in paragraph (b) without regard to the 7.12 mandatory minimum sentence established bythis subdivisionthat 7.13 paragraph if it finds that substantial mitigating factors exist 7.14 and if its sentencing departure is accompanied by a statement on 7.15 the record of the reasons for it. The court also may sentence 7.16 the defendant without regard to the mandatory minimum sentence 7.17 established bythis subdivisionparagraph (b) if the defendant 7.18 is sentenced to probation and ordered to participate in a 7.19 program established under section 169.1265. 7.20(e)(h) When any portion of the sentence required bythis7.21subdivisionparagraph (b) is not executed, the court should 7.22 impose a sentence that is proportional to the extent of the 7.23 offender's prior criminal and moving traffic violation record. 7.24 Any sentence required underthis subdivisionparagraph (b) must 7.25 include a mandatory sentence that is not subject to suspension 7.26 or a stay of imposition or execution, and that includes 7.27 incarceration for not less than 48 consecutive hours or at least 7.28 80 hours of community work service. 7.29 Sec. 3. Minnesota Statutes 1998, section 169.129, 7.30 subdivision 1, is amended to read: 7.31 Subdivision 1. [CRIME.] It is acrimegross misdemeanor 7.32 for any person to drive, operate, or be in physical control of a 7.33 motor vehicle, the operation of which requires a driver's 7.34 license, within this state or upon the ice of any boundary water 7.35 of this state in violation of section 169.121 or an ordinance in 7.36 conformity with it before the person's driver's license or 8.1 driving privilege has been reinstated following its 8.2 cancellation, suspension, revocation, disqualification, or 8.3 denial under any of the following: 8.4 (1) section 169.121, 169.1211, or 169.123; 8.5 (2) section 171.04, 171.14, 171.16, 171.17, or 171.18 8.6 because of an alcohol-related incident; 8.7 (3) section 609.21, subdivision 1, clauses (2) to (6); 8.8 subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 8.9 to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 8.10 clauses (2) to (6); or subdivision 4, clauses (2) to (6). 8.11 Sec. 4. Minnesota Statutes 1998, section 609.02, 8.12 subdivision 2, is amended to read: 8.13 Subd. 2. [FELONY.] "Felony" means a crime, other than an8.14enhanced gross misdemeanor,for which a sentence of imprisonment 8.15 for more than one year may be imposed. 8.16 Sec. 5. Minnesota Statutes 1998, section 609.105, 8.17 subdivision 1, is amended to read: 8.18 Subdivision 1.Except as otherwise provided in subdivision8.193,A sentence to imprisonment for more than one year shall 8.20 commit the defendant to the custody of the commissioner of 8.21 corrections. 8.22 Sec. 6. Minnesota Statutes 1998, section 609.105, 8.23 subdivision 3, is amended to read: 8.24 Subd. 3. A sentence to imprisonmentfor an enhanced gross8.25misdemeanor orfor a period of one year or any lesser period 8.26 shall be to a workhouse, work farm, county jail, or other place 8.27 authorized by law. 8.28 Sec. 7. Minnesota Statutes 1998, section 609.135, 8.29 subdivision 2, is amended to read: 8.30 Subd. 2. [STAY OF SENTENCE MAXIMUM PERIODS.] (a) If the 8.31 conviction is for a felony the stay shall be for not more than 8.32 four years or the maximum period for which the sentence of 8.33 imprisonment might have been imposed, whichever is longer. 8.34 (b)If the conviction is for an enhanced gross misdemeanor8.35violation of section 169.121 or 169.129, the stay shall be for8.36not more than six years. The court shall provide for9.1unsupervised probation for the last year of the stay unless the9.2court finds that the defendant needs supervised probation for9.3all or part of the last year.9.4(c)If the conviction is for a gross misdemeanor violation 9.5 of section 169.121 or 169.129, the stay shall be for not more 9.6 than four years. The court shall provide for unsupervised 9.7 probation for the last year of the stay unless the court finds 9.8 that the defendant needs supervised probation for all or part of 9.9 the last year. 9.10(d)(c) If the conviction is for a gross misdemeanor not 9.11 specified in paragraph(c)(b), the stay shall be for not more 9.12 than two years. 9.13(e)(d) If the conviction is for any misdemeanor under 9.14 section 169.121; 609.746, subdivision 1; 609.79; or 617.23; or 9.15 for a misdemeanor under section 609.2242 or 609.224, subdivision 9.16 1, in which the victim of the crime was a family or household 9.17 member as defined in section 518B.01, the stay shall be for not 9.18 more than two years. The court shall provide for unsupervised 9.19 probation for the second year of the stay unless the court finds 9.20 that the defendant needs supervised probation for all or part of 9.21 the second year. 9.22(f)(e) If the conviction is for a misdemeanor not 9.23 specified in paragraph(e)(d), the stay shall be for not more 9.24 than one year. 9.25(g)(f) The defendant shall be discharged six months after 9.26 the term of the stay expires, unless the stay has been revoked 9.27 or extended under paragraph(h)(g), or the defendant has 9.28 already been discharged. 9.29(h)(g) Notwithstanding the maximum periods specified for 9.30 stays of sentences under paragraphs (a) to(g)(f), a court may 9.31 extend a defendant's term of probation for up to one year if it 9.32 finds, at a hearing conducted under subdivision 1a, that: 9.33 (1) the defendant has not paid court-ordered restitution or 9.34 a fine in accordance with the payment schedule or structure; and 9.35 (2) the defendant is likely to not pay the restitution or 9.36 fine the defendant owes before the term of probation expires. 10.1 This one-year extension of probation for failure to pay 10.2 restitution or a fine may be extended by the court for up to one 10.3 additional year if the court finds, at another hearing conducted 10.4 under subdivision 1a, that the defendant still has not paid the 10.5 court-ordered restitution or fine that the defendant owes. 10.6(i)(h) Notwithstanding the maximum periods specified for 10.7 stays of sentences under paragraphs (a) to(g)(f), a court may 10.8 extend a defendant's term of probation for up to three years if 10.9 it finds, at a hearing conducted under subdivision 1c, that: 10.10 (1) the defendant has failed to complete court-ordered 10.11 treatment successfully; and 10.12 (2) the defendant is likely not to complete court-ordered 10.13 treatment before the term of probation expires. 10.14 Sec. 8. Minnesota Statutes 1998, section 609.15, 10.15 subdivision 2, is amended to read: 10.16 Subd. 2. [LIMIT ON SENTENCES; MISDEMEANOR AND GROSS 10.17 MISDEMEANOR.] If the court specifies that the sentence shall run 10.18 consecutively and all of the sentences are for misdemeanors, the 10.19 total of the sentences shall not exceed one year. If the 10.20 sentences are for a gross misdemeanoror enhanced gross10.21misdemeanorand one or more misdemeanors, the total of the 10.22 sentences shall not exceed two years. If all of the sentences 10.23 are for gross misdemeanorsand enhanced gross misdemeanors, the 10.24 total of the sentences shall not exceed four years. 10.25 Sec. 9. [REPEALER.] 10.26 Minnesota Statutes 1998, sections 169.121, subdivision 3e; 10.27 169.129, subdivision 2; and 609.02, subdivision 2a, are repealed. 10.28 Sec. 10. [EFFECTIVE DATE.] 10.29 Sections 1 to 9 are effective the day following final 10.30 enactment and apply to crimes committed on or after that date.