HF 2406

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to drinking and driving; creating a separate 
  1.3             law to prohibit persons under 21 years of age to drive 
  1.4             a motor vehicle while consuming or after consuming any 
  1.5             amount of alcoholic beverages; providing for license 
  1.6             suspension; amending Minnesota Statutes 1994, sections 
  1.7             171.173; and 340A.503, by adding a subdivision; 
  1.8             Minnesota Statutes 1995 Supplement, section 340A.503, 
  1.9             subdivision 1. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1994, section 171.173, is 
  1.12  amended to read: 
  1.13     171.173 [SUSPENSION; UNDERAGE DRINKING OFFENSES.] 
  1.14     The commissioner of public safety shall suspend the 
  1.15  driver's license of any person convicted of or any juvenile 
  1.16  adjudicated for an offense under section 340A.503, subdivision 
  1.17  1, paragraph (a), clause (2), if the court has notified the 
  1.18  commissioner of a determination made under section 340A.503, 
  1.19  subdivision 1, paragraph (c) 1a.  The period of suspension shall 
  1.20  be for the applicable period specified in that paragraph.  If 
  1.21  the person does not have a driver's license or if the person's 
  1.22  driver's license is suspended or revoked at the time of the 
  1.23  conviction or adjudication, the commissioner shall, upon the 
  1.24  person's application for driver's license issuance or 
  1.25  reinstatement, delay the issuance or reinstatement of the 
  1.26  person's driver's license for the applicable time period 
  1.27  specified in section 340A.503, subdivision 1, paragraph (c) 1a.  
  2.1   Upon receipt of the court's order, the commissioner is 
  2.2   authorized to take the licensing action without a hearing. 
  2.3      Sec. 2.  Minnesota Statutes 1995 Supplement, section 
  2.4   340A.503, subdivision 1, is amended to read: 
  2.5      Subdivision 1.  [CONSUMPTION.] (a) It is unlawful for any: 
  2.6      (1) retail intoxicating liquor or nonintoxicating liquor 
  2.7   licensee, municipal liquor store, or bottle club permit holder 
  2.8   under section 340A.414, to permit any person under the age of 21 
  2.9   years to drink alcoholic beverages on the licensed premises or 
  2.10  within the municipal liquor store; or 
  2.11     (2) person under the age of 21 years to consume any 
  2.12  alcoholic beverages.  If proven by a preponderance of the 
  2.13  evidence, it is an affirmative defense to a violation of this 
  2.14  clause that the defendant consumed the alcoholic beverage in the 
  2.15  household of the defendant's parent or guardian and with the 
  2.16  consent of the parent or guardian.  
  2.17     (b) An offense under paragraph (a), clause (2), may be 
  2.18  prosecuted either at the place where consumption occurs or the 
  2.19  place where evidence of consumption is observed. 
  2.20     (c) When a person is convicted of or adjudicated for an 
  2.21  offense under paragraph (a), clause (2), the court shall 
  2.22  determine whether the person consumed the alcohol while 
  2.23  operating a motor vehicle.  If so, the court shall notify the 
  2.24  commissioner of public safety of its determination.  Upon 
  2.25  receipt of the court's determination, the commissioner shall 
  2.26  suspend the person's driver's license or operating privileges 
  2.27  for 30 days, or for 180 days if the person has previously been 
  2.28  convicted of or adjudicated for an offense under paragraph (a), 
  2.29  clause (2).  
  2.30     (d) As used in this subdivision, "consume" includes means 
  2.31  either the ingestion of an alcoholic beverage and or the 
  2.32  physical condition of having ingested an alcoholic beverage. 
  2.33     Sec. 3.  Minnesota Statutes 1994, section 340A.503, is 
  2.34  amended by adding a subdivision to read: 
  2.35     Subd. 1a.  [CONSUMPTION WHILE OPERATING A MOTOR 
  2.36  VEHICLE.] (a) It is unlawful for a person under the age of 21 
  3.1   years to drive, operate, or be in control of a motor vehicle 
  3.2   while consuming alcoholic beverages, or after having consumed 
  3.3   alcoholic beverages while there is physical evidence of the 
  3.4   consumption present in the person's body. 
  3.5      (b) When a person is found to have committed an offense 
  3.6   under paragraph (a), the court shall notify the commissioner of 
  3.7   public safety of its determination.  Upon receipt of the court's 
  3.8   determination, the commissioner shall suspend the person's 
  3.9   driver's license or operating privileges for 30 days, or for 180 
  3.10  days if the person has previously been found to have violated 
  3.11  paragraph (a) or a statute or ordinance in conformity with 
  3.12  paragraph (a). 
  3.13     (c) An offense under paragraph (a) may be prosecuted either 
  3.14  at the place where consumption occurs or the place where 
  3.15  evidence of consumption is observed. 
  3.16     Sec. 4.  [EFFECTIVE DATE.] 
  3.17     Sections 1 to 3 are effective August 1, 1996, and apply to 
  3.18  offenses occurring on or after that date.