as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 03/24/1999 |
1.1 A bill for an act 1.2 relating to motor vehicles; criminal vehicular 1.3 homicide; specifying that operation of a motor vehicle 1.4 at certain speeds constitutes operation in a grossly 1.5 negligent manner; amending Minnesota Statutes 1998, 1.6 section 609.21, subdivision 1. 1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.8 Section 1. Minnesota Statutes 1998, section 609.21, 1.9 subdivision 1, is amended to read: 1.10 Subdivision 1. [CRIMINAL VEHICULAR HOMICIDE.] (a) A person 1.11 is guilty of criminal vehicular homicide resulting in death and 1.12 may be sentenced to imprisonment for not more than ten years or 1.13 to payment of a fine of not more than $20,000, or both, if the 1.14 person causes the death of a human being not constituting murder 1.15 or manslaughter as a result of operating a motor vehicle: 1.16 (1) in a grossly negligent manner; 1.17 (2) in a negligent manner while under the influence of: 1.18 (i) alcohol; 1.19 (ii) a controlled substance; or 1.20 (iii) any combination of those elements; 1.21 (3) while having an alcohol concentration of 0.10 or more; 1.22 (4) while having an alcohol concentration of 0.10 or more, 1.23 as measured within two hours of the time of driving; 1.24 (5) in a negligent manner while knowingly under the 1.25 influence of a hazardous substance; 1.26 (6) in a negligent manner while any amount of a controlled 2.1 substance listed in schedule I or II, other than marijuana or 2.2 tetrahydrocannabinols, is present in the person's body; or 2.3 (7) where the driver who causes the accident leaves the 2.4 scene of the accident in violation of section 169.09, 2.5 subdivision 1 or 6. 2.6 (b) For purposes of paragraph (a), the operation of a motor 2.7 vehicle at a rate of speed that is more than 15 miles per hour 2.8 above a speed limit prescribed in section 169.14, subdivision 2, 2.9 paragraph (a), clauses (1) through (5), or a speed limit 2.10 prescribed under section 169.14, subdivision 4 or 5, that is 55 2.11 miles per hour or higher, constitutes operation of a motor 2.12 vehicle in a grossly negligent manner. 2.13 Sec. 2. [EFFECTIVE DATE.] 2.14 Section 1 is effective August 1, 1999, and applies to 2.15 violations committed on or after that date.