1.1 	A bill for an act
1.2 	relating to crimes; deleting requirement that 48 hours
1.3 	of jail time be consecutive for DWI-related offense;
1.4 	amending Minnesota Statutes 2004, section 169A.275,
1.5 	subdivision 1.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2004, section 169A.275,
1.8 	subdivision 1, is amended to read:
1.9 		Subdivision 1.Second offense.  (a) The court shall
1.10 	sentence a person who is convicted of a violation of section
1.11 	169A.20 (driving while impaired) within ten years of a qualified
1.12 	prior impaired driving incident to either:
1.13 	(1) a minimum of 30 days of incarceration, at least 48
1.14 	hours of which must be served consecutively in a local
1.15 	correctional facility; or
1.16 	(2) eight hours of community work service for each day less
1.17 	than 30 days that the person is ordered to serve in a local
1.18 	correctional facility.
1.19 	Notwithstanding section 609.135 (stay of imposition or execution
1.20 	of sentence), the penalties in this paragraph must be executed,
1.21 	unless the court departs from the mandatory minimum sentence
1.22 	under paragraph (b) or (c).
1.23 	(b) Prior to sentencing, the prosecutor may file a motion
1.24 	to have a defendant described in paragraph (a) sentenced without
1.25 	regard to the mandatory minimum sentence established by that
2.1 	paragraph.  The motion must be accompanied by a statement on the
2.2 	record of the reasons for it.  When presented with the
2.3 	prosecutor's motion and if it finds that substantial mitigating
2.4 	factors exist, the court shall sentence the defendant without
2.5 	regard to the mandatory minimum sentence established by
2.6 	paragraph (a).
2.7 	(c) The court may, on its own motion, sentence a defendant
2.8 	described in paragraph (a) without regard to the mandatory
2.9 	minimum sentence established by that paragraph if it finds that
2.10 	substantial mitigating factors exist and if its sentencing
2.11 	departure is accompanied by a statement on the record of the
2.12 	reasons for it.  The court also may sentence the defendant
2.13 	without regard to the mandatory minimum sentence established by
2.14 	paragraph (a) if the defendant is sentenced to probation and
2.15 	ordered to participate in a program established under section
2.16 	169A.74 (pilot programs of intensive probation for repeat DWI
2.17 	offenders).
2.18 	(d) When any portion of the sentence required by paragraph
2.19 	(a) is not executed, the court should impose a sentence that is
2.20 	proportional to the extent of the offender's prior criminal and
2.21 	moving traffic violation record.  Any sentence required under
2.22 	paragraph (a) must include a mandatory sentence that is not
2.23 	subject to suspension or a stay of imposition or execution, and
2.24 	that includes incarceration for not less than 48 consecutive 
2.25 	hours or at least 80 hours of community work service.