HF 2621

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; clarifying issues related to 
  1.3             calculating aggravating factors for DWI offenses; 
  1.4             amending Minnesota Statutes 2002, section 169A.095; 
  1.5             proposing coding for new law in Minnesota Statutes, 
  1.6             chapter 169A. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [169A.093] [DETERMINATION OF PRIOR IMPAIRED 
  1.9   DRIVING-RELATED LOSS OF LICENSE LOOK-BACK PERIOD.] 
  1.10     When determining whether a prior impaired driving-related 
  1.11  loss of license is considered an aggravating factor or a 
  1.12  predicate for a first-degree driving while impaired crime, the 
  1.13  ten-year look-back period begins with the date of the license or 
  1.14  privilege suspension, revocation, cancellation, denial, or 
  1.15  disqualification.  
  1.16     Sec. 2.  Minnesota Statutes 2002, section 169A.095, is 
  1.17  amended to read: 
  1.18     169A.095 [DETERMINING NUMBER OF AGGRAVATING FACTORS.] 
  1.19     (a) When determining the number of aggravating factors 
  1.20  present for purposes of this chapter, subject to section 169A.09 
  1.21  (sanctions for prior behavior to be based on separate courses of 
  1.22  conduct), each qualified prior impaired driving incident within 
  1.23  the ten years immediately preceding the current offense is 
  1.24  counted as a separate aggravating factor. 
  1.25     (b) No more than one aggravating factor may be counted for 
  1.26  having a child under the age of 16 in the motor vehicle at the 
  2.1   time of the offense regardless of the number of children in the 
  2.2   vehicle.  
  2.3      Sec. 3.  [EFFECTIVE DATE.] 
  2.4      Sections 1 and 2 are effective the day following final 
  2.5   enactment and apply to crimes committed on or after that date.