HF 201

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crimes; providing criminal penalties for 
  1.3             persons operating snowmobiles, all-terrain vehicles, 
  1.4             and motorboats who refuse an alcohol test; redefining 
  1.5             relevant evidence for operating a motorboat while 
  1.6             under the influence of alcohol, in conformance with 
  1.7             DWI law; including in the definition of prior DWI 
  1.8             offenses, the offense of driving a commercial vehicle 
  1.9             while impaired; allowing the use of the results of a 
  1.10            preliminary screening test to be used in court actions 
  1.11            involving underage drinking and driving; making 
  1.12            technical changes; prescribing criminal penalties; 
  1.13            amending Minnesota Statutes 1996, sections 84.91, 
  1.14            subdivisions 2, 4, 5, 8, and by adding a subdivision; 
  1.15            84.911, subdivisions 2, 3, and 6; 86B.331, 
  1.16            subdivisions 2, 4, 5, 6, 8, and by adding a 
  1.17            subdivision; 86B.335, subdivisions 2, 4, and 6; 
  1.18            97B.066, subdivision 6, and by adding subdivisions; 
  1.19            and 169.121, subdivisions 3 and 6; repealing Minnesota 
  1.20            Statutes 1996, section 86B.335, subdivisions 11 and 12.
  1.21  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.22     Section 1.  Minnesota Statutes 1996, section 84.91, is 
  1.23  amended by adding a subdivision to read: 
  1.24     Subd. 1a.  [REFUSAL TO SUBMIT TO TESTING; CRIME.] It is a 
  1.25  crime for any person to refuse to submit to a chemical test of 
  1.26  the person's blood, breath, or urine under section 84.911. 
  1.27     Sec. 2.  Minnesota Statutes 1996, section 84.91, 
  1.28  subdivision 2, is amended to read: 
  1.29     Subd. 2.  [ARREST.] Conservation officers of the department 
  1.30  of natural resources, sheriffs, sheriff's deputies, and other 
  1.31  peace officers may arrest a person for a violation under 
  1.32  subdivision 1 or 1a without a warrant upon probable cause, 
  1.33  without regard to whether the violation was committed in the 
  2.1   officer's presence.  
  2.2      Sec. 3.  Minnesota Statutes 1996, section 84.91, 
  2.3   subdivision 4, is amended to read: 
  2.4      Subd. 4.  [EVIDENCE.] In a prosecution for a violation of 
  2.5   subdivision 1, paragraph (a), or subdivision 1a, or an ordinance 
  2.6   in conformity with it either of them, the admission of evidence 
  2.7   of the amount of alcohol or a controlled substance in the 
  2.8   person's blood, breath, or urine, is governed by section 
  2.9   86B.331, subdivision 4. 
  2.10     Sec. 4.  Minnesota Statutes 1996, section 84.91, 
  2.11  subdivision 5, is amended to read: 
  2.12     Subd. 5.  [PENALTIES.] (a) A person who violates any 
  2.13  prohibition contained in subdivision 1 or 1a, or an ordinance in 
  2.14  conformity with it either of them, is guilty of a misdemeanor.  
  2.15     (b) A person is guilty of a gross misdemeanor who violates 
  2.16  any prohibition contained in subdivision 1 or 1a: 
  2.17     (1) within five years of either a prior: 
  2.18     (i) impaired driving conviction or a prior license 
  2.19  revocation, as defined in section 169.121, subdivision 
  2.20  3, paragraph (a), clause (1); 
  2.21     (ii) civil liability under section 84.911, subdivision 2, 
  2.22  or 86B.335, subdivision 2; or 
  2.23     (iii) a prior conviction under an a conforming ordinance of 
  2.24  this state or a conforming statute or ordinance from another 
  2.25  state in conformity with any of them; or 
  2.26     (2) within ten years of the first of two or more prior: 
  2.27     (i) impaired driving convictions, two or more prior license 
  2.28  revocations, or a combination of a prior impaired driving 
  2.29  conviction and a prior license revocation, as defined in section 
  2.30  169.121, subdivision 3, paragraph (a), clause (1); 
  2.31     (ii) civil liabilities under section 84.911, subdivision 2, 
  2.32  or 86B.335, subdivision 2; 
  2.33     (iii) convictions of ordinances in conformity with any of 
  2.34  them; or 
  2.35     (iv) convictions or liabilities under any combination of 
  2.36  items (i) to (iii). 
  3.1      (c) The attorney in the jurisdiction where the violation 
  3.2   occurred who is responsible for prosecuting misdemeanor 
  3.3   violations of this section is also responsible for prosecuting 
  3.4   gross misdemeanor violations of this section.  When an attorney 
  3.5   responsible for prosecuting gross misdemeanors under this 
  3.6   section requests criminal history information relating to prior 
  3.7   convictions from a court, the court must furnish the information 
  3.8   without charge. 
  3.9      (d) A person who operates a snowmobile or all-terrain 
  3.10  vehicle during the period the person is prohibited from 
  3.11  operating the vehicle under subdivision 6 is guilty of a 
  3.12  misdemeanor.  
  3.13     Sec. 5.  Minnesota Statutes 1996, section 84.91, 
  3.14  subdivision 8, is amended to read: 
  3.15     Subd. 8.  [IMMUNITY FROM LIABILITY.] The state or political 
  3.16  subdivision that employs an officer who is authorized under 
  3.17  subdivision 2 to make an arrest for violations of subdivision 
  3.18  1 or 1a is immune from any liability, civil or criminal, for the 
  3.19  care or custody of the snowmobile or all-terrain vehicle being 
  3.20  operated by or in the physical control of the person arrested if 
  3.21  the officer acts in good faith and exercises due care. 
  3.22     Sec. 6.  Minnesota Statutes 1996, section 84.911, 
  3.23  subdivision 2, is amended to read: 
  3.24     Subd. 2.  [PENALTIES; TEST REFUSAL; REVOCATION OF 
  3.25  SNOWMOBILE OR ALL-TERRAIN VEHICLE OPERATING PRIVILEGE.] (a) If a 
  3.26  person refuses to take a test required under subdivision 1, none 
  3.27  must be given, but the officer authorized to make arrests under 
  3.28  section 84.91, subdivision 2, shall report the refusal to the 
  3.29  commissioner of natural resources and to the authority having 
  3.30  responsibility for prosecution of misdemeanor offenses for the 
  3.31  jurisdiction in which the incident occurred that gave rise to 
  3.32  the test demand and refusal.  However, if a peace officer has 
  3.33  probable cause to believe that the person has violated section 
  3.34  609.21, a test may be required and obtained despite the person's 
  3.35  refusal.  
  3.36     (b) On certification by the officer that probable cause 
  4.1   existed to believe the person had been operating or in physical 
  4.2   control of a snowmobile or all-terrain vehicle while under the 
  4.3   influence of alcohol or a controlled substance, and that the 
  4.4   person refused to submit to testing, the commissioner 
  4.5   shall impose a civil penalty of $500 and shall prohibit the 
  4.6   person from operating a snowmobile or all-terrain vehicle, 
  4.7   whichever was involved in the violation, for a period of one 
  4.8   year even if a test was obtained pursuant to this section after 
  4.9   the person refused to submit to testing. 
  4.10     (c) On behalf of the commissioner, an officer requiring a 
  4.11  test or directing the administration of a test shall serve on a 
  4.12  person who refused to permit a test immediate notice of 
  4.13  intention to prohibit the operation of a snowmobile or 
  4.14  all-terrain vehicle, and to impose the civil penalty set forth 
  4.15  in under this subdivision.  If the officer fails to serve a 
  4.16  notice of intent to suspend operating privileges, the 
  4.17  commissioner may notify the person by mail, and the notice is 
  4.18  deemed received three days after mailing.  The notice must 
  4.19  advise the person of the right to obtain administrative and 
  4.20  judicial review as provided in this section.  The prohibition 
  4.21  imposed by the commissioner takes effect ten days after receipt 
  4.22  of the notice.  The civil penalty is imposed on receipt of the 
  4.23  notice and must be paid within 30 days of imposition.  
  4.24     (b) (d) A person who operates a snowmobile or all-terrain 
  4.25  vehicle during the period the person is prohibited from 
  4.26  operating the vehicle as provided under paragraph (a) (b) is 
  4.27  guilty of a misdemeanor. 
  4.28     Sec. 7.  Minnesota Statutes 1996, section 84.911, 
  4.29  subdivision 3, is amended to read: 
  4.30     Subd. 3.  [RIGHTS AND OBLIGATIONS.] At the time a test is 
  4.31  requested, the person must be informed: 
  4.32     (1) that Minnesota law requires a person to take a test to 
  4.33  determine if the person is under the influence of alcohol or a 
  4.34  controlled substance; 
  4.35     (2) that refusal to take the test is a crime; 
  4.36     (3) that a person is subject to a civil penalty of $500 for 
  5.1   refusing who refuses to take the test and, in addition, is 
  5.2   prohibited for a one-year period from operating a snowmobile or 
  5.3   an all-terrain vehicle; 
  5.4      (3) (4) if the peace officer has probable cause to believe 
  5.5   the person has violated the criminal vehicular homicide and 
  5.6   injury laws, that a test will be taken with or without the 
  5.7   person's consent; and 
  5.8      (4) (5) that the person has the right to consult with an 
  5.9   attorney, but that this right is limited to the extent that it 
  5.10  cannot unreasonably delay administration of the test or the 
  5.11  person will be deemed to have refused the test. 
  5.12     Sec. 8.  Minnesota Statutes 1996, section 84.911, 
  5.13  subdivision 6, is amended to read: 
  5.14     Subd. 6.  [JUDICIAL AND ADMINISTRATIVE REVIEW; 
  5.15  ENFORCEMENT.] Judicial and administrative review of sanctions 
  5.16  imposed under this section is governed by section 86B.335, 
  5.17  subdivisions 3, 4, and 5.  Payment and enforcement of the civil 
  5.18  penalty imposed under this section is governed by section 
  5.19  86B.335, subdivisions 11 and 12. 
  5.20     Sec. 9.  Minnesota Statutes 1996, section 86B.331, is 
  5.21  amended by adding a subdivision to read: 
  5.22     Subd. 1a.  [REFUSAL TO SUBMIT TO TESTING; CRIME.] It is a 
  5.23  crime for any person to refuse to submit to a chemical test of 
  5.24  the person's blood, breath, or urine under section 86B.335. 
  5.25     Sec. 10.  Minnesota Statutes 1996, section 86B.331, 
  5.26  subdivision 2, is amended to read: 
  5.27     Subd. 2.  [ARREST.] Conservation officers of the department 
  5.28  of natural resources, sheriffs, sheriff's deputies, and other 
  5.29  peace officers may arrest a person for a violation under 
  5.30  subdivision 1 or 1a without a warrant upon probable cause, 
  5.31  without regard to whether the violation was committed in the 
  5.32  officer's presence.  
  5.33     Sec. 11.  Minnesota Statutes 1996, section 86B.331, 
  5.34  subdivision 4, is amended to read: 
  5.35     Subd. 4.  [EVIDENCE.] (a) Upon the trial of a prosecution 
  5.36  arising out of acts alleged to have been committed by a person 
  6.1   arrested for operating or being in physical control of a 
  6.2   motorboat in violation of subdivision 1, paragraph (a), or 
  6.3   subdivision 1a, or an ordinance in conformity with it either of 
  6.4   them, the court may admit evidence of the amount of alcohol or a 
  6.5   controlled substance in the person's blood, breath, or urine as 
  6.6   shown by an analysis of those items. 
  6.7      (b) For the purposes of this subdivision:, 
  6.8      (1) evidence that there was at the time an alcohol 
  6.9   concentration of 0.05 or less is prima facie evidence that the 
  6.10  person was not under the influence of alcohol; and 
  6.11     (2) evidence that there was at the time an alcohol 
  6.12  concentration of more than 0.05 and less than 0.10 0.04 or more 
  6.13  is relevant evidence in indicating whether or not the person was 
  6.14  under the influence of alcohol. 
  6.15     (c) Evidence of the refusal to take a preliminary screening 
  6.16  test required under subdivision 3 or a chemical test required 
  6.17  under section 86B.335 is admissible into evidence in a 
  6.18  prosecution under this section or an ordinance in conformity 
  6.19  with it. 
  6.20     (d) This subdivision does not limit the introduction of 
  6.21  other competent evidence bearing upon the question of whether or 
  6.22  not the person violated this section, including tests obtained 
  6.23  more than two hours after the alleged violation and results 
  6.24  obtained from partial tests on an infrared breath-testing 
  6.25  instrument.  A result from a partial test is the measurement 
  6.26  obtained by analyzing one adequate breath sample.  A sample is 
  6.27  adequate if the instrument analyzes the sample and does not 
  6.28  indicate the sample is deficient.  
  6.29     (e) If proven by a preponderance of the evidence, it shall 
  6.30  be an affirmative defense to a violation of subdivision 1, 
  6.31  paragraph (a), clause (5), that the defendant consumed a 
  6.32  sufficient quantity of alcohol after the time of operating or 
  6.33  physical control of a motorboat and before the administration of 
  6.34  the evidentiary test to cause the defendant's alcohol 
  6.35  concentration to exceed 0.10.  Provided, that this evidence may 
  6.36  not be admitted unless notice is given to the prosecution prior 
  7.1   to the omnibus or pretrial hearing in the matter. 
  7.2      Sec. 12.  Minnesota Statutes 1996, section 86B.331, 
  7.3   subdivision 5, is amended to read: 
  7.4      Subd. 5.  [PENALTIES.] (a) A person who violates a 
  7.5   prohibition contained in subdivision 1 or 1a, or an ordinance in 
  7.6   conformity with it either of them, is guilty of a misdemeanor. 
  7.7      (b) A person is guilty of a gross misdemeanor who violates 
  7.8   a prohibition contained in subdivision 1 or 1a:  
  7.9      (1) within five years of either a prior: 
  7.10     (i) impaired driving conviction or a prior license 
  7.11  revocation, as defined in section 169.121, subdivision 
  7.12  3, paragraph (a), clause (1); 
  7.13     (ii) civil liability under section 84.911, subdivision 2, 
  7.14  or 86B.335, subdivision 2; or 
  7.15     (iii) a prior conviction under an a conforming ordinance of 
  7.16  this state or a conforming statute or ordinance from another 
  7.17  state in conformity with any of them; or 
  7.18     (2) within ten years of the first of two or more prior: 
  7.19     (i) impaired driving convictions, two or more prior license 
  7.20  revocations, or a combination of a prior impaired driving 
  7.21  conviction and a prior license revocation, as defined in section 
  7.22  169.121, subdivision 3, paragraph (a), clause (1); 
  7.23     (ii) civil liabilities under section 84.911, subdivision 2, 
  7.24  or 86B.335, subdivision 2; 
  7.25     (iii) convictions of ordinances in conformity with any of 
  7.26  them; or 
  7.27     (iv) convictions or liabilities under any combination of 
  7.28  items (i) to (iii).  
  7.29     (c) The attorney in the jurisdiction where the violation 
  7.30  occurred who is responsible for prosecution of misdemeanor 
  7.31  violations of this section is also responsible for prosecution 
  7.32  of gross misdemeanor violations of this section.  When an 
  7.33  attorney responsible for prosecuting gross misdemeanors under 
  7.34  this section requests criminal history information relating to 
  7.35  prior convictions from a court, the court must furnish the 
  7.36  information without charge. 
  8.1      (d) A person who operates a motorboat on the waters of this 
  8.2   state during the period the person is prohibited from operating 
  8.3   any motorboat or after the person's watercraft operator's permit 
  8.4   has been revoked, as provided under subdivision 6, is guilty of 
  8.5   a misdemeanor.  
  8.6      Sec. 13.  Minnesota Statutes 1996, section 86B.331, 
  8.7   subdivision 6, is amended to read: 
  8.8      Subd. 6.  [SUSPENSION AND REVOCATION OF OPERATING 
  8.9   PRIVILEGES.] (a) Upon conviction under this section, or an 
  8.10  ordinance in conformity with it, and in addition to any penalty 
  8.11  imposed under subdivision 5, the person is prohibited from 
  8.12  operating any motorboat on the waters of this state for a period 
  8.13  of 90 days between May 1 and October 31, extending over two 
  8.14  consecutive years if necessary.  
  8.15     (b) A person with a watercraft operator's permit 13 years 
  8.16  of age or older but less than 18 years of age and who violates 
  8.17  any prohibition contained in subdivision 1 or 1a shall have the 
  8.18  permit revoked by the commissioner as required by section 
  8.19  86B.811, subdivision 2, in addition to any other penalty imposed 
  8.20  by the court.  
  8.21     Sec. 14.  Minnesota Statutes 1996, section 86B.331, 
  8.22  subdivision 8, is amended to read: 
  8.23     Subd. 8.  [GOVERNMENT IMMUNITY FROM LIABILITY FOR BOAT 
  8.24  CARE.] The state or political subdivision that is the employer 
  8.25  of an officer authorized under subdivision 2 to make an arrest 
  8.26  for violations of subdivision 1 or 1a is immune from any 
  8.27  liability, civil or criminal, for the care or custody of the 
  8.28  motorboat being operated by or in the physical control of the 
  8.29  person arrested if the officer acts in good faith and exercises 
  8.30  due care.  
  8.31     Sec. 15.  Minnesota Statutes 1996, section 86B.335, 
  8.32  subdivision 2, is amended to read: 
  8.33     Subd. 2.  [REFUSAL TO TAKE TEST REFUSAL; REVOCATION OF 
  8.34  OPERATING PRIVILEGES.] (a) If a person refuses to take a test 
  8.35  required under subdivision 1, a test is not to be given, but the 
  8.36  officer authorized to make arrests under section 86B.331, 
  9.1   subdivision 2, shall report the refusal to the commissioner of 
  9.2   natural resources and to the authority having responsibility for 
  9.3   prosecution of misdemeanor offenses for the jurisdiction where 
  9.4   the incident occurred that gave rise to the test demand and 
  9.5   refusal.  However, if a peace officer has probable cause to 
  9.6   believe that the person has violated section 609.21, a test may 
  9.7   be required and obtained despite the person's refusal. 
  9.8      (b) On certification by the officer that probable cause 
  9.9   existed to believe the person had been operating or in physical 
  9.10  control of a motorboat while under the influence of alcohol or a 
  9.11  controlled substance, and that the person refused to submit to 
  9.12  testing, the commissioner shall impose a civil penalty of $500 
  9.13  and shall prohibit the person from operating any motorboat on 
  9.14  the waters of this state for a period of one year even if a test 
  9.15  was obtained pursuant to this section after the person refused 
  9.16  to submit to testing.  If the person refusing to submit to 
  9.17  testing is under the age of 18 years at the time of the refusal, 
  9.18  the person's watercraft operator's permit shall be revoked by 
  9.19  the commissioner as set forth in this subdivision and a new 
  9.20  permit after the revocation must be issued only after the person 
  9.21  successfully completes a watercraft safety course.  
  9.22     (c) On behalf of the commissioner, an officer requiring a 
  9.23  test or directing the administration of a test shall serve on a 
  9.24  person who refused to permit a test immediate notice of 
  9.25  intention to impose the civil penalty set forth in this 
  9.26  subdivision, to prohibit the operation of motorboats, and to 
  9.27  revoke a watercraft operator's permit.  The officer shall take a 
  9.28  watercraft operator's permit held by the person, and shall send 
  9.29  the permit to the commissioner along with the certification 
  9.30  provided for in this subdivision.  If the officer fails to serve 
  9.31  a notice of intent to revoke, the commissioner may notify the 
  9.32  person by mail and the notice is deemed received three days 
  9.33  after mailing.  The notice must advise the person of the right 
  9.34  to obtain administrative and judicial review as provided in this 
  9.35  section.  The prohibition and revocation, if any, shall take 
  9.36  effect ten days after receipt of the notice.  The civil penalty 
 10.1   is imposed on receipt of the notice and shall be paid within 30 
 10.2   days of imposition.  
 10.3      (d) A person who operates a motorboat on the waters of this 
 10.4   state during the period the person is prohibited from operating 
 10.5   a motorboat as provided under paragraph (b) or (c) is guilty of 
 10.6   a misdemeanor.  
 10.7      Sec. 16.  Minnesota Statutes 1996, section 86B.335, 
 10.8   subdivision 4, is amended to read: 
 10.9      Subd. 4.  [JUDICIAL REVIEW.] (a) Within 30 days following 
 10.10  receipt of a notice and order imposing sanctions under this 
 10.11  section, a person may petition the court for review.  The 
 10.12  petition must be filed with the district court administrator in 
 10.13  the county where the incident occurred which gave rise to the 
 10.14  test demand and refusal, together with proof of service of a 
 10.15  copy on the commissioner and the prosecuting authority for 
 10.16  misdemeanor offenses for the jurisdiction in which the incident 
 10.17  occurred.  A responsive pleading is not required of the 
 10.18  commissioner of natural resources, and court fees may not be 
 10.19  charged for the appearance of the representative of the 
 10.20  commissioner in the matter. 
 10.21     (b) The petition must be captioned in the name of the 
 10.22  person making the petition as petitioner and the commissioner as 
 10.23  respondent.  The petition must state specifically the grounds 
 10.24  upon which the petitioner seeks rescission of the order imposing 
 10.25  sanctions.  
 10.26     (c) The filing of the petition does not stay the revocation 
 10.27  or prohibition against operation of a motorboat.  However, the 
 10.28  filing of a petition stays imposition of the civil penalty.  
 10.29     (d) The judicial review shall be conducted according to the 
 10.30  rules of civil procedure.  
 10.31     Sec. 17.  Minnesota Statutes 1996, section 86B.335, 
 10.32  subdivision 6, is amended to read: 
 10.33     Subd. 6.  [RIGHTS AND OBLIGATIONS.] At the time a test is 
 10.34  requested, the person must be informed: 
 10.35     (1) that Minnesota law requires a person to take a test to 
 10.36  determine if the person is under the influence of alcohol or a 
 11.1   controlled substance; 
 11.2      (2) that refusal to take the test is a crime; 
 11.3      (3) that a person is subject to a civil penalty of $500 for 
 11.4   refusing who refuses to take the test and, in addition, the 
 11.5   person may be is prohibited from operating any motorboat for a 
 11.6   period of one year; 
 11.7      (3) (4) if the peace officer has probable cause to believe 
 11.8   the person has violated the criminal vehicular homicide and 
 11.9   injury laws, that a test will be taken with or without the 
 11.10  person's consent; and 
 11.11     (4) (5) that the person has the right to consult with an 
 11.12  attorney, but that this right is limited to the extent that it 
 11.13  cannot unreasonably delay administration of the test or the 
 11.14  person will be deemed to have refused the test. 
 11.15     Sec. 18.  Minnesota Statutes 1996, section 97B.066, 
 11.16  subdivision 6, is amended to read: 
 11.17     Subd. 6.  [JUDICIAL AND ADMINISTRATIVE REVIEW; 
 11.18  ENFORCEMENT.] Judicial and administrative review of sanctions 
 11.19  imposed under this section is governed by section 86B.335, 
 11.20  subdivisions 3, 4, and 5.  Payment and enforcement of the civil 
 11.21  penalty imposed under this section is governed by section 
 11.22  86B.335, subdivisions 11 and 12 7 and 8. 
 11.23     Sec. 19.  Minnesota Statutes 1996, section 97B.066, is 
 11.24  amended by adding a subdivision to read: 
 11.25     Subd. 7.  [PAYMENT OF CIVIL PENALTY.] The civil penalty 
 11.26  imposed under subdivision 2 must be paid to the political 
 11.27  subdivision that represents the commissioner on the petition for 
 11.28  judicial review or, in the event that a petition is not filed, 
 11.29  to the political subdivision that would have represented the 
 11.30  commissioner had a petition been filed.  If a person does not 
 11.31  pay the civil penalty, the prohibition against hunting is 
 11.32  automatically extended until the political subdivision reports 
 11.33  in writing to the commissioner that the penalty has been paid.  
 11.34     Sec. 20.  Minnesota Statutes 1996, section 97B.066, is 
 11.35  amended by adding a subdivision to read: 
 11.36     Subd. 8.  [ENFORCEMENT OF CIVIL PENALTY.] (a) If a person 
 12.1   does not pay the civil penalty imposed under subdivision 2 
 12.2   within 30 days of the time the penalty was imposed, the 
 12.3   prosecuting authority representing the commissioner may petition 
 12.4   the municipal, county, or unified court in the jurisdiction 
 12.5   where the incident occurred to file the order imposing the civil 
 12.6   penalty as an order of the court.  
 12.7      (b) Once entered, the order may be enforced in the same 
 12.8   manner as a final judgment of the court.  In addition to the 
 12.9   penalty, attorney fees, costs, and interest may be assessed 
 12.10  against any person who fails to pay the civil penalty. 
 12.11     Sec. 21.  Minnesota Statutes 1996, section 169.121, 
 12.12  subdivision 3, is amended to read: 
 12.13     Subd. 3.  [CRIMINAL PENALTIES.] (a) As used in this 
 12.14  subdivision:  
 12.15     (1) "prior impaired driving conviction" means a prior 
 12.16  conviction under this section; section 84.91, subdivision 1, 
 12.17  paragraph (a), or subdivision 1a; 86B.331, subdivision 1, 
 12.18  paragraph (a), or subdivision 1a; 169.1211; 169.129; 360.0752; 
 12.19  609.21, subdivision 1, clauses (2) to (6); 609.21, subdivision 
 12.20  2, clauses (2) to (6); 609.21, subdivision 2a, clauses (2) to 
 12.21  (6); 609.21, subdivision 2b, clauses (2) to (6); 609.21, 
 12.22  subdivision 3, clauses (2) to (6); 609.21, subdivision 4, 
 12.23  clauses (2) to (6); or an ordinance from this state, or a 
 12.24  statute or ordinance from another state in conformity with any 
 12.25  of them.  A prior impaired driving conviction also includes a 
 12.26  prior juvenile adjudication that would have been a prior 
 12.27  impaired driving conviction if committed by an adult; and 
 12.28     (2) "prior license revocation" means: 
 12.29     (i) a driver's license suspension, revocation, or 
 12.30  cancellation, denial, or disqualification under this section; 
 12.31  section 169.1211; 169.123; 171.04; 171.14; 171.16; 171.165; 
 12.32  171.17; or 171.18 because of an alcohol-related incident; 
 12.33  609.21, subdivision 1, clauses (2) to (6); 609.21, subdivision 
 12.34  2, clauses (2) to (6); 609.21, subdivision 2a, clauses (2) to 
 12.35  (6); 609.21, subdivision 2b, clauses (2) to (6); 609.21, 
 12.36  subdivision 3, clauses (2) to (6); or 609.21, subdivision 4, 
 13.1   clauses (2) to (6); or an ordinance from this state, or a 
 13.2   statute or ordinance from another state in conformity with any 
 13.3   of them; or 
 13.4      (ii) the suspension or prohibition of snowmobile or 
 13.5   all-terrain vehicle operating privileges under section 84.911, 
 13.6   or motorboat operating privileges under section 86B.335. 
 13.7      (b) A person who violates subdivision 1 or 1a, or an 
 13.8   ordinance in conformity with either of them, is guilty of a 
 13.9   misdemeanor. 
 13.10     (c) A person is guilty of a gross misdemeanor under any of 
 13.11  the following circumstances: 
 13.12     (1) the person violates subdivision 1 or 1a, or an 
 13.13  ordinance in conformity with either of them, within five years 
 13.14  of either a prior impaired driving conviction or a prior license 
 13.15  revocation, or within ten years of the first of two or more 
 13.16  prior impaired driving convictions;, 
 13.17     (2) the person violates subdivision 1a within five years of 
 13.18  a prior license revocation, or within ten years of the first of 
 13.19  two or more prior license revocations, or a combination of a 
 13.20  prior impaired driving conviction and a prior license 
 13.21  revocation; 
 13.22     (3) (2) the person violates section 169.26 while in 
 13.23  violation of subdivision 1; or 
 13.24     (4) (3) the person violates subdivision 1 or 1a while a 
 13.25  child under the age of 16 is in the vehicle, if the child is 
 13.26  more than 36 months younger than the violator. 
 13.27     (d) The attorney in the jurisdiction in which the violation 
 13.28  occurred who is responsible for prosecution of misdemeanor 
 13.29  violations of this section shall also be responsible for 
 13.30  prosecution of gross misdemeanor violations of this section. 
 13.31     (e) The court must impose consecutive sentences when it 
 13.32  sentences a person for a violation of this section or section 
 13.33  169.129 arising out of separate behavioral incidents.  The court 
 13.34  also must impose a consecutive sentence when it sentences a 
 13.35  person for a violation of this section or section 169.129 and 
 13.36  the person, at the time of sentencing, is on probation for, or 
 14.1   serving, an executed sentence for a violation of this section or 
 14.2   section 169.129 and the prior sentence involved a separate 
 14.3   behavioral incident.  The court also may order that the sentence 
 14.4   imposed for a violation of this section or section 169.129 shall 
 14.5   run consecutively to a previously imposed misdemeanor, gross 
 14.6   misdemeanor or felony sentence for a violation other than this 
 14.7   section or section 169.129. 
 14.8      (f) The court may impose consecutive sentences for offenses 
 14.9   arising out of a single course of conduct as permitted in 
 14.10  section 609.035, subdivision 2.  
 14.11     (g) When an attorney responsible for prosecuting gross 
 14.12  misdemeanors under this section requests criminal history 
 14.13  information relating to prior impaired driving convictions from 
 14.14  a court, the court must furnish the information without charge. 
 14.15     (h) A violation of subdivision 1a may be prosecuted either 
 14.16  in the jurisdiction where the arresting officer observed the 
 14.17  defendant driving, operating, or in control of the motor vehicle 
 14.18  or in the jurisdiction where the refusal occurred. 
 14.19     Sec. 22.  Minnesota Statutes 1996, section 169.121, 
 14.20  subdivision 6, is amended to read: 
 14.21     Subd. 6.  [PRELIMINARY SCREENING TEST.] (a) When a peace 
 14.22  officer has reason to believe from the manner in which a person 
 14.23  is driving, operating, controlling, or acting upon departure 
 14.24  from a motor vehicle, or has driven, operated, or controlled a 
 14.25  motor vehicle, that the driver may be violating or has violated 
 14.26  subdivision 1 or section 169.1211, the officer may require the 
 14.27  driver to provide a sample of the driver's breath for a 
 14.28  preliminary screening test using a device approved by the 
 14.29  commissioner of public safety for this purpose. 
 14.30     (b) The results of this preliminary screening test shall be 
 14.31  used for the purpose of deciding whether an arrest should be 
 14.32  made and whether to require the tests authorized in section 
 14.33  169.123, but shall not be used in any court action except: 
 14.34     (1) to prove that a test was properly required of a person 
 14.35  pursuant to section 169.123, subdivision 2; 
 14.36     (2) in a civil action arising out of the operation or use 
 15.1   of the motor vehicle; 
 15.2      (3) in an action for license reinstatement under section 
 15.3   171.19; or 
 15.4      (4) in a prosecution or juvenile court proceeding 
 15.5   concerning a violation of section 169.1218, or 340A.503, 
 15.6   subdivision 1, paragraph (a), clause (2). 
 15.7      (c) Following the screening test additional tests may be 
 15.8   required of the driver pursuant to the provisions of section 
 15.9   169.123. 
 15.10     (d) The driver who refuses to furnish a sample of the 
 15.11  driver's breath is subject to the provisions of section 169.123 
 15.12  unless, in compliance with section 169.123, the driver submits 
 15.13  to a blood, breath or urine test to determine the presence or 
 15.14  amount of alcohol, controlled substances, or hazardous 
 15.15  substances.  
 15.16     Sec. 23.  [REPEALER.] 
 15.17     Minnesota Statutes 1996, section 86B.335, subdivisions 11 
 15.18  and 12, are repealed. 
 15.19     Sec. 24.  [EFFECTIVE DATE.] 
 15.20     Sections 1 to 23 are effective August 1, 1997, for crimes 
 15.21  committed on or after that date.