HF 2462

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

  1.1                          A bill for an act 
  1.2             relating to crime; providing that whoever flees the 
  1.3             scene of an accident in which death or injury occurs 
  1.4             and who was driving under the influence of alcohol is 
  1.5             guilty of criminal vehicular operation; prescribing 
  1.6             penalties; amending Minnesota Statutes 1994, section 
  1.7             609.21, subdivisions 1, 2, 2a, 3, and 4. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1994, section 609.21, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [CRIMINAL VEHICULAR HOMICIDE.] (a) Whoever 
  1.12  causes the death of a human being not constituting murder or 
  1.13  manslaughter as a result of operating a motor vehicle, 
  1.14     (1) in a grossly negligent manner; 
  1.15     (2) in a negligent manner while under the influence of 
  1.16  alcohol, a controlled substance, or any combination of those 
  1.17  elements; 
  1.18     (3) while having an alcohol concentration of 0.10 or more; 
  1.19  or 
  1.20     (4) while having an alcohol concentration of 0.10 or more, 
  1.21  as measured within two hours of the time of driving, 
  1.22  is guilty of criminal vehicular homicide resulting in death and 
  1.23  may be sentenced to imprisonment for not more than ten years or 
  1.24  to payment of a fine of not more than $20,000, or both. 
  1.25     (b) Whoever causes the death of a human being not 
  1.26  constituting murder or manslaughter as a result of operating a 
  2.1   motor vehicle and flees the scene of the accident while under 
  2.2   the influence of alcohol consumed within two hours before the 
  2.3   time of the driving is guilty of criminal vehicular homicide and 
  2.4   may be sentenced as provided in paragraph (a). 
  2.5      Sec. 2.  Minnesota Statutes 1994, section 609.21, 
  2.6   subdivision 2, is amended to read: 
  2.7      Subd. 2.  [RESULTING IN GREAT BODILY HARM.] (a) Whoever 
  2.8   causes great bodily harm to another, not constituting attempted 
  2.9   murder or assault, as a result of operating a motor vehicle, 
  2.10     (1) in a grossly negligent manner; 
  2.11     (2) in a negligent manner while under the influence of 
  2.12  alcohol, a controlled substance, or any combination of those 
  2.13  elements; 
  2.14     (3) while having an alcohol concentration of 0.10 or more; 
  2.15  or 
  2.16     (4) while having an alcohol concentration of 0.10 or more, 
  2.17  as measured within two hours of the time of driving, 
  2.18  is guilty of criminal vehicular operation resulting in great 
  2.19  bodily harm and may be sentenced to imprisonment for not more 
  2.20  than five years or to payment of a fine of not more than 
  2.21  $10,000, or both. 
  2.22     (b) Whoever causes great bodily harm to another, not 
  2.23  constituting attempted murder or assault, as a result of 
  2.24  operating a motor vehicle and flees the scene of the accident 
  2.25  while under the influence of alcohol consumed two hours before 
  2.26  the time of the driving is guilty of criminal vehicular 
  2.27  operation resulting in great bodily harm, and may be sentenced 
  2.28  as provided in paragraph (a). 
  2.29     Sec. 3.  Minnesota Statutes 1994, section 609.21, 
  2.30  subdivision 2a, is amended to read: 
  2.31     Subd. 2a.  [RESULTING IN SUBSTANTIAL BODILY HARM.] (a) 
  2.32  Whoever causes substantial bodily harm to another, as a result 
  2.33  of operating a motor vehicle, 
  2.34     (1) in a grossly negligent manner; 
  2.35     (2) in a negligent manner while under the influence of 
  2.36  alcohol, a controlled substance, or any combination of those 
  3.1   elements; 
  3.2      (3) while having an alcohol concentration of 0.10 or more; 
  3.3   or 
  3.4      (4) while having an alcohol concentration of 0.10 or more, 
  3.5   as measured within two hours of the time of driving, 
  3.6   is guilty of criminal vehicular operation resulting in 
  3.7   substantial bodily harm and may be sentenced to imprisonment for 
  3.8   not more than three years or to payment of a fine of not more 
  3.9   than $10,000, or both. 
  3.10     (b) Whoever causes substantial bodily harm to another as a 
  3.11  result of operating a motor vehicle and flees the scene of the 
  3.12  accident while under the influence of alcohol consumed two hours 
  3.13  before the time of the driving is guilty of criminal vehicular 
  3.14  operation resulting in substantial bodily harm and may be 
  3.15  sentenced as provided in paragraph (a). 
  3.16     Sec. 4.  Minnesota Statutes 1994, section 609.21, 
  3.17  subdivision 3, is amended to read: 
  3.18     Subd. 3.  [RESULTING IN DEATH TO AN UNBORN CHILD.] (a) 
  3.19  Whoever causes the death of an unborn child as a result of 
  3.20  operating a motor vehicle, 
  3.21     (1) in a grossly negligent manner; 
  3.22     (2) in a negligent manner while under the influence of 
  3.23  alcohol, a controlled substance, or any combination of those 
  3.24  elements; 
  3.25     (3) while having an alcohol concentration of 0.10 or more; 
  3.26  or 
  3.27     (4) while having an alcohol concentration of 0.10 or more, 
  3.28  as measured within two hours of the time of driving, 
  3.29  is guilty of criminal vehicular operation resulting in death to 
  3.30  an unborn child and may be sentenced to imprisonment for not 
  3.31  more than ten years or to payment of a fine of not more than 
  3.32  $20,000, or both.  A prosecution for or conviction of a crime 
  3.33  under this subdivision is not a bar to conviction of or 
  3.34  punishment for any other crime committed by the defendant as 
  3.35  part of the same conduct. 
  3.36     (b) Whoever causes the death of an unborn child as a result 
  4.1   of operating a motor vehicle and flees the scene of the accident 
  4.2   while under the influence of alcohol consumed two hours before 
  4.3   the time of the driving is guilty of criminal vehicular 
  4.4   operation resulting in death to an unborn child and may be 
  4.5   sentenced as provided in paragraph (a). 
  4.6      Sec. 5.  Minnesota Statutes 1994, section 609.21, 
  4.7   subdivision 4, is amended to read: 
  4.8      Subd. 4.  [RESULTING IN INJURY TO UNBORN CHILD.] (a) 
  4.9   Whoever causes great bodily harm to an unborn child who is 
  4.10  subsequently born alive, as a result of operating a motor 
  4.11  vehicle, 
  4.12     (1) in a grossly negligent manner; 
  4.13     (2) in a negligent manner while under the influence of 
  4.14  alcohol, a controlled substance, or any combination of those 
  4.15  elements; 
  4.16     (3) while having an alcohol concentration of 0.10 or more; 
  4.17  or 
  4.18     (4) while having an alcohol concentration of 0.10 or more, 
  4.19  as measured within two hours of the time of driving, 
  4.20  is guilty of criminal vehicular operation resulting in injury to 
  4.21  an unborn child and may be sentenced to imprisonment for not 
  4.22  more than five years or to payment of a fine of not more than 
  4.23  $10,000, or both.  A prosecution for or conviction of a crime 
  4.24  under this subdivision is not a bar to conviction of or 
  4.25  punishment for any other crime committed by the defendant as 
  4.26  part of the same conduct. 
  4.27     (b) Whoever causes great bodily harm to an unborn child, 
  4.28  who is subsequently born alive, as a result of operating a motor 
  4.29  vehicle and flees the scene of the accident while under the 
  4.30  influence of alcohol consumed two hours before the time of 
  4.31  driving is guilty of criminal vehicular operation resulting in 
  4.32  injury to an unborn child and may be sentenced as provided in 
  4.33  paragraph (a). 
  4.34     Sec. 5.  [EFFECTIVE DATE.] 
  4.35     Sections 1 to 4 are effective August 1, 1996, and apply to 
  4.36  crimes committed on or after that date.