HF 1985

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to crimes; deleting requirement that 48 hours
of jail time be consecutive for DWI-related offense;
amending Minnesota Statutes 2004, section 169A.275,
subdivision 1.

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

Section 1.

Minnesota Statutes 2004, section 169A.275,
subdivision 1, is amended to read:

Subdivision 1.

Second offense.

(a) The court shall
sentence a person who is convicted of a violation of section
169A.20 (driving while impaired) within ten years of a qualified
prior impaired driving incident to either:

(1) a minimum of 30 days of incarceration, at least 48
hours of which must be served deleted text begin consecutively deleted text end in a local
correctional facility; or

(2) eight hours of community work service for each day less
than 30 days that the person is ordered to serve in a local
correctional facility.

Notwithstanding section 609.135 (stay of imposition or execution
of sentence), the penalties in this paragraph must be executed,
unless the court departs from the mandatory minimum sentence
under paragraph (b) or (c).

(b) Prior to sentencing, the prosecutor may file a motion
to have a defendant described in paragraph (a) sentenced without
regard to the mandatory minimum sentence established by that
paragraph. The motion must be accompanied by a statement on the
record of the reasons for it. When presented with the
prosecutor's motion and if it finds that substantial mitigating
factors exist, the court shall sentence the defendant without
regard to the mandatory minimum sentence established by
paragraph (a).

(c) The court may, on its own motion, sentence a defendant
described in paragraph (a) without regard to the mandatory
minimum sentence established by that paragraph if it finds that
substantial mitigating factors exist and if its sentencing
departure is accompanied by a statement on the record of the
reasons for it. The court also may sentence the defendant
without regard to the mandatory minimum sentence established by
paragraph (a) if the defendant is sentenced to probation and
ordered to participate in a program established under section
169A.74 (pilot programs of intensive probation for repeat DWI
offenders).

(d) When any portion of the sentence required by paragraph
(a) is not executed, the court should impose a sentence that is
proportional to the extent of the offender's prior criminal and
moving traffic violation record. Any sentence required under
paragraph (a) must include a mandatory sentence that is not
subject to suspension or a stay of imposition or execution, and
that includes incarceration for not less than 48 deleted text begin consecutive
deleted text end hours or at least 80 hours of community work service.