HF 2447

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes; imposing criminal penalties for 
  1.3             failing to yield the right-of-way resulting in injury 
  1.4             or death; proposing coding for new law in Minnesota 
  1.5             Statutes, chapter 609. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [609.211] [CRIMINAL VEHICULAR HOMICIDE AND 
  1.8   INJURY FOR FAILURE TO YIELD RIGHT-OF-WAY.] 
  1.9      Subdivision 1.  [CRIMINAL VEHICULAR HOMICIDE.] A person is 
  1.10  guilty of criminal vehicular homicide resulting in death and may 
  1.11  be sentenced to imprisonment for not more than ten years or to 
  1.12  payment of a fine of not more than $20,000, or both, if the 
  1.13  person causes the death of a human being not constituting murder 
  1.14  or manslaughter as a result of violating a provision of section 
  1.15  169.20 while operating a motor vehicle. 
  1.16     Subd. 2.  [RESULTING IN GREAT BODILY HARM.] A person is 
  1.17  guilty of criminal vehicular operation resulting in great bodily 
  1.18  harm and may be sentenced to imprisonment for not more than five 
  1.19  years or to payment of a fine of not more than $10,000, or both, 
  1.20  if the person causes great bodily harm to another, not 
  1.21  constituting attempted murder or assault, as a result of 
  1.22  violating a provision of section 169.20 while operating a motor 
  1.23  vehicle. 
  1.24     Subd. 3.  [RESULTING IN SUBSTANTIAL BODILY HARM.] A person 
  1.25  is guilty of criminal vehicular operation resulting in 
  2.1   substantial bodily harm and may be sentenced to imprisonment of 
  2.2   not more than three years or to payment of a fine of not more 
  2.3   than $10,000, or both, if the person causes substantial bodily 
  2.4   harm to another, as a result of violating a provision of section 
  2.5   169.20 while operating a motor vehicle. 
  2.6      Subd. 4.  [RESULTING IN BODILY HARM.] A person is guilty of 
  2.7   criminal vehicular operation resulting in bodily harm and may be 
  2.8   sentenced to imprisonment for not more than one year or to 
  2.9   payment of a fine of not more than $3,000, or both, if the 
  2.10  person causes bodily harm to another, as a result of violating a 
  2.11  provision of section 169.20 while operating a motor vehicle. 
  2.12     Subd. 5.  [RESULTING IN DEATH TO AN UNBORN CHILD.] A person 
  2.13  is guilty of criminal vehicular operation resulting in death to 
  2.14  an unborn child and may be sentenced to imprisonment for not 
  2.15  more than ten years or to payment of a fine of not more than 
  2.16  $20,000, or both, if the person causes the death of an unborn 
  2.17  child as a result of violating a provision of section 169.20 
  2.18  while operating a motor vehicle. 
  2.19     Subd. 6.  [RESULTING IN INJURY TO UNBORN CHILD.] A person 
  2.20  is guilty of criminal vehicular operation resulting in injury to 
  2.21  an unborn child and may be sentenced to imprisonment for not 
  2.22  more than five years or to payment of a fine of not more than 
  2.23  $10,000, or both, if the person causes great bodily harm to an 
  2.24  unborn child who is subsequently born alive, as a result of 
  2.25  violating a provision of section 169.20 while operating a motor 
  2.26  vehicle. 
  2.27     Subd. 7.  [DEFINITION.] For purposes of this section, 
  2.28  "motor vehicle" has the meaning given in section 169.01, 
  2.29  subdivision 3. 
  2.30     Sec. 2.  [EFFECTIVE DATE.] 
  2.31     Section 1 is effective August 1, 2004, for offenses 
  2.32  committed on or after that date.