HF 2627

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime; strengthening enforcement of the 
  1.3             requirement to have auto insurance; amending Minnesota 
  1.4             Statutes 1998, sections 169.791, subdivision 6; 
  1.5             169.793, subdivision 2; and 169.797, subdivision 4. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 169.791, 
  1.8   subdivision 6, is amended to read: 
  1.9      Subd. 6.  [PENALTY.] (a) In addition to any sentence of 
  1.10  imprisonment that the court may impose, the court shall impose a 
  1.11  fine of not less than $200 $400 nor more than the maximum fine 
  1.12  applicable to misdemeanors upon conviction under this section or 
  1.13  $1,000, whichever is greater.  The fine is $1,000, unless the 
  1.14  defendant establishes, by a preponderance of the evidence:  (1) 
  1.15  that the defendant had a plan of reparation security in effect, 
  1.16  as required under section 65B.48, with respect to the vehicle 
  1.17  involved at some time within the 60-day period immediately 
  1.18  preceding the date of the violation of this section; or (2) that 
  1.19  the defendant did not own the vehicle for that entire 60-day 
  1.20  period or was otherwise not required to have a plan of 
  1.21  reparation security in effect for that vehicle for that entire 
  1.22  60-day period.  The court may allow community service in lieu of 
  1.23  any fine imposed if the defendant is indigent. 
  1.24     (b) In addition to criminal penalties, a person convicted 
  1.25  under this section is subject to revocation of a driver's 
  2.1   license or permit to drive under section 169.792, subdivision 7, 
  2.2   and to revocation of motor vehicle registration under section 
  2.3   169.792, subdivision 12.  
  2.4      Sec. 2.  Minnesota Statutes 1998, section 169.793, 
  2.5   subdivision 2, is amended to read: 
  2.6      Subd. 2.  [PENALTY.] Any person who violates any of the 
  2.7   provisions of subdivision 1 is guilty of a misdemeanor.  In 
  2.8   addition to any sentence of imprisonment that the court may 
  2.9   impose, the court shall impose a fine of not less than $200 $400 
  2.10  nor more than the maximum fine applicable to misdemeanors or 
  2.11  $1,000, whichever is greater.  The court may allow community 
  2.12  service in lieu of any fine imposed if the defendant is indigent.
  2.13     Sec. 3.  Minnesota Statutes 1998, section 169.797, 
  2.14  subdivision 4, is amended to read: 
  2.15     Subd. 4.  [PENALTY.] (a) A person who violates this section 
  2.16  is guilty of a misdemeanor.  A person is guilty of a gross 
  2.17  misdemeanor who violates this section within ten years of the 
  2.18  first of two prior convictions under this section, section 
  2.19  169.791, or a statute or ordinance in conformity with one of 
  2.20  those sections.  The operator of a vehicle who violates 
  2.21  subdivision 3 and who causes or contributes to causing a vehicle 
  2.22  accident that results in the death of any person or in 
  2.23  substantial bodily harm to any person, as defined in section 
  2.24  609.02, subdivision 7a, is guilty of a gross misdemeanor.  The 
  2.25  same prosecuting authority who is responsible for prosecuting 
  2.26  misdemeanor violations of this section is responsible for 
  2.27  prosecuting gross misdemeanor violations of this section.  In 
  2.28  addition to any sentence of imprisonment that the court may 
  2.29  impose on a person convicted of violating this section, the 
  2.30  court shall impose a fine of not less than $200 $400 nor more 
  2.31  than the maximum amount authorized by law, except that the 
  2.32  maximum fine for a misdemeanor violation is $1,000.  For a 
  2.33  misdemeanor violation of this section, the fine is $1,000, 
  2.34  unless the defendant establishes, by a preponderance of the 
  2.35  evidence:  (1) that the defendant had a plan of reparation 
  2.36  security in effect, as required under section 65B.48, with 
  3.1   respect to the vehicle involved at some time within the 60-day 
  3.2   period immediately preceding the date of the violation of this 
  3.3   section; or (2) that the defendant did not own the vehicle for 
  3.4   that entire 60-day period or was otherwise not required to have 
  3.5   a plan of reparation security in effect for that vehicle for 
  3.6   that entire 60-day period.  The court may allow community 
  3.7   service in lieu of any fine imposed if the defendant is indigent.
  3.8      (b) The court may impose consecutive sentences for offenses 
  3.9   arising out of a single course of conduct as permitted in 
  3.10  section 609.035, subdivision 2. 
  3.11     (c) In addition to the criminal penalty, the driver's 
  3.12  license of an operator convicted under this section shall be 
  3.13  revoked for not more than 12 months.  If the operator is also an 
  3.14  owner of the vehicle, the registration of the vehicle shall also 
  3.15  be revoked for not more than 12 months.  Before reinstatement of 
  3.16  a driver's license or registration, the operator shall file with 
  3.17  the commissioner of public safety the written certificate of an 
  3.18  insurance carrier authorized to do business in this state 
  3.19  stating that security has been provided by the operator as 
  3.20  required by section 65B.48. 
  3.21     (d) The commissioner shall include a notice of the 
  3.22  penalties contained in this section on all forms for 
  3.23  registration of vehicles required to maintain a plan of 
  3.24  reparation security. 
  3.25     Sec. 4.  [EFFECTIVE DATE.] 
  3.26     Sections 1 to 3 are effective January 1, 2001, and apply to 
  3.27  offenses committed on or after that date, except that the 
  3.28  reduced fines for not being in violation within the preceding 60 
  3.29  days apply beginning with the 60-day period that immediately 
  3.30  precedes January 1, 2001.