HF 2484

as introduced - 89th Legislature (2015 - 2016) Posted on 03/08/2016 04:18pm

A bill for an act
relating to public safety; modifying the punishment available for certain traffic
regulation convictions; amending Minnesota Statutes 2014, sections 169.89,
subdivision 2; 171.18, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 169.89, subdivision 2, is amended to read:

Subd. 2.

Petty misdemeanor penalty; no jury trial.

A person charged with a petty
misdemeanor is not entitled to a jury trial but shall be tried by a judge without a jury. If
convicted, the person is not subject to imprisonment but deleted text begin shall be punished by a fine of
not more than $300 deleted text end new text begin must select one of two possible punishments: (1) eight hours of
community service; or (2) driver's license suspension for one day new text end . new text begin For a second and each
subsequent conviction under this subdivision, the punishment duration available must
consist of twice as many hours or days as the punishment duration available at the time
of the most recent preceding conviction.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2016, and applies to
violations committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2014, section 171.18, subdivision 1, is amended to read:

Subdivision 1.

Offenses.

(a) The commissioner may suspend the license of a driver
without preliminary hearing upon a showing by department records or other sufficient
evidence that the licensee:

(1) has committed an offense for which mandatory revocation of license is required
upon conviction;

(2) has been convicted by a court for violating a provision of chapter 169 or
an ordinance regulating traffic, other than a conviction for a petty misdemeanor, and
department records show that the violation contributed in causing an accident resulting in
the death or personal injury of another, or serious property damage;

(3) is an habitually reckless or negligent driver of a motor vehicle;

(4) is an habitual violator of the traffic laws;

(5) is incompetent to drive a motor vehicle as determined in a judicial proceeding;

(6) has permitted an unlawful or fraudulent use of the license;

(7) has committed an offense in another state that, if committed in this state, would
be grounds for suspension;

(8) has committed a violation of section 169.444, subdivision 2, paragraph (a),
within five years of a prior conviction under that section;

(9) has committed a violation of section 171.22, except that the commissioner may
not suspend a person's driver's license based solely on the fact that the person possessed a
fictitious or fraudulently altered Minnesota identification card;

(10) has failed to appear in court as provided in section 169.92, subdivision 4;

(11) has failed to report a medical condition that, if reported, would have resulted in
cancellation of driving privileges;

(12) has been found to have committed an offense under section 169A.33; deleted text begin or
deleted text end

(13) has paid or attempted to pay a fee required under this chapter for a license or
permit by means of a dishonored check issued to the state or a driver's license agent,
which must be continued until the registrar determines or is informed by the agent that the
dishonored check has been paid in full deleted text begin . deleted text end new text begin ; or
new text end

new text begin (14) has been convicted of a petty misdemeanor by a court for violating a provision
of chapter 169 or an ordinance regulating traffic, as provided in section 169.89, subdivision
2, clause (2).
new text end

However, an action taken by the commissioner under clause (2) or (5) must conform to the
recommendation of the court when made in connection with the prosecution of the licensee.

(b) The commissioner may not suspend the driver's license of an individual under
paragraph (a) who was convicted of a violation of section 171.24, subdivision 1, whose
license was under suspension at the time solely because of the individual's failure to
appear in court or failure to pay a fine.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2016, and applies to
violations committed on or after that date.
new text end