HF 2675

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 prevention; authorizing special 
  1.3             registration plates for certain persons subject to an 
  1.4             impoundment order; clarifying definition of prior 
  1.5             license revocation; appropriating money; amending 
  1.6             Minnesota Statutes 1994, sections 168.042, subdivision 
  1.7             8, and by adding a subdivision; and 169.121, 
  1.8             subdivision 3. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1994, section 168.042, 
  1.11  subdivision 8, is amended to read: 
  1.12     Subd. 8.  [REISSUANCE OF REGISTRATION PLATES.] (a) The 
  1.13  commissioner shall rescind the impoundment order of a person 
  1.14  subject to an order under this section, other than the violator, 
  1.15  if a: 
  1.16     (1) the violator had a valid driver's license on the date 
  1.17  of the violation and the person subject to an impoundment order 
  1.18  under this section, other than the violator, files with the 
  1.19  commissioner an acceptable sworn statement containing the 
  1.20  following information: 
  1.21     (1) (i) that the person is the registered owner of the 
  1.22  vehicle from which the plates have been impounded under this 
  1.23  section; 
  1.24     (2) (ii) that the person is the current owner and possessor 
  1.25  of the vehicle used in the violation; 
  1.26     (3) (iii) the date on which the violator obtained the 
  1.27  vehicle from the registered owner; 
  2.1      (4) (iv) the residence addresses of the registered owner 
  2.2   and the violator on the date the violator obtained the vehicle 
  2.3   from the registered owner; 
  2.4      (5) (v) that the person was not a passenger in the vehicle 
  2.5   at the time of the violation; and 
  2.6      (6) (vi) that the person knows that the violator may not 
  2.7   drive, operate, or be in physical control of a vehicle without a 
  2.8   valid driver's license; or 
  2.9      (2) the violator did not have a valid driver's license on 
  2.10  the date of the violation and the person made a report to law 
  2.11  enforcement before the violation stating that the vehicle had 
  2.12  been taken from the person's possession or was being used 
  2.13  without permission.  
  2.14     (b) The commissioner may not rescind the impoundment order 
  2.15  nor reissue registration plates to a registered owner if the 
  2.16  owner knew or had reason to know that the violator did not have 
  2.17  a valid driver's license on the date the violator obtained the 
  2.18  vehicle from the owner. A person who has failed to make a report 
  2.19  as provided in paragraph (a), clause (2), may be issued special 
  2.20  registration plates under subdivision 12 for a period of one 
  2.21  year from the effective date of the impoundment order.  At the 
  2.22  next registration renewal following this period, the person may 
  2.23  apply for regular registration plates. 
  2.24     (c) If the order is rescinded, the owner shall receive new 
  2.25  registration plates at no cost, if the plates were seized and 
  2.26  destroyed. 
  2.27     Sec. 2.  Minnesota Statutes 1994, section 168.042, is 
  2.28  amended by adding a subdivision to read: 
  2.29     Subd. 13a.  [ACQUIRING ANOTHER VEHICLE.] If during the 
  2.30  effective period of the plate impoundment the violator applies 
  2.31  to the commissioner for registration plates for any vehicle, the 
  2.32  commissioner shall not issue registration plates unless the 
  2.33  violator qualifies for special registration plates under 
  2.34  subdivision 12 and unless the plates issued are special plates 
  2.35  as described in subdivision 12. 
  2.36     Sec. 3.  Minnesota Statutes 1994, section 169.121, 
  3.1   subdivision 3, is amended to read: 
  3.2      Subd. 3.  [CRIMINAL PENALTIES.] (a) As used in this 
  3.3   subdivision:  
  3.4      (1) "prior impaired driving conviction" means a prior 
  3.5   conviction under this section; section 84.91, subdivision 1, 
  3.6   paragraph (a); 86B.331, subdivision 1, paragraph (a); 169.129; 
  3.7   360.0752; 609.21, subdivision 1, clauses (2) to (4); 609.21, 
  3.8   subdivision 2, clauses (2) to (4); 609.21, subdivision 2a, 
  3.9   clauses (2) to (4); 609.21, subdivision 3, clauses (2) to (4); 
  3.10  609.21, subdivision 4, clauses (2) to (4); or an ordinance from 
  3.11  this state, or a statute or ordinance from another state in 
  3.12  conformity with any of them.  A prior impaired driving 
  3.13  conviction also includes a prior juvenile adjudication that 
  3.14  would have been a prior impaired driving conviction if committed 
  3.15  by an adult; and 
  3.16     (2) "prior license revocation" means a driver's license 
  3.17  suspension, revocation, or cancellation under this section; 
  3.18  section 169.123; 171.04; 171.14; 171.16; 171.17; or 171.18 
  3.19  because of an alcohol-related incident; 609.21, subdivision 1, 
  3.20  clauses (2) to (4); 609.21, subdivision 2, clauses (2) to (4); 
  3.21  609.21, subdivision 2a, clauses (2) to (4); 609.21, subdivision 
  3.22  3, clauses (2) to (4); or 609.21, subdivision 4, clauses (2) to 
  3.23  (4); or an ordinance from this state, or a statute or ordinance 
  3.24  from another state in conformity with any of them. 
  3.25     (b) A person who violates subdivision 1 or 1a, or an 
  3.26  ordinance in conformity with either of them, is guilty of a 
  3.27  misdemeanor. 
  3.28     (c) A person is guilty of a gross misdemeanor under any of 
  3.29  the following circumstances: 
  3.30     (1) the person violates subdivision 1 within five years of 
  3.31  a prior impaired driving conviction, or within ten years of the 
  3.32  first of two or more prior impaired driving convictions; 
  3.33     (2) the person violates subdivision 1a within five years of 
  3.34  a prior license revocation, or within ten years of the first of 
  3.35  two or more prior license revocations; 
  3.36     (3) the person violates section 169.26 while in violation 
  4.1   of subdivision 1; or 
  4.2      (4) the person violates subdivision 1 or 1a while a child 
  4.3   under the age of 16 is in the vehicle, if the child is more than 
  4.4   36 months younger than the violator. 
  4.6      (d) The attorney in the jurisdiction in which the violation 
  4.7   occurred who is responsible for prosecution of misdemeanor 
  4.8   violations of this section shall also be responsible for 
  4.9   prosecution of gross misdemeanor violations of this section. 
  4.10     (e) The court must impose consecutive sentences when it 
  4.11  sentences a person for a violation of this section or section 
  4.12  169.29 arising out of separate behavioral incidents.  The court 
  4.13  also must impose a consecutive sentence when it sentences a 
  4.14  person for a violation of this section or section 169.129 and 
  4.15  the person, at the time of sentencing, is on probation for, or 
  4.16  serving, an executed sentence for a violation of this section or 
  4.17  section 169.29 and the prior sentence involved a separate 
  4.18  behavioral incident.  The court also may order that the sentence 
  4.19  imposed for a violation of this section or section 169.29 shall 
  4.20  run consecutively to a previously imposed misdemeanor, gross 
  4.21  misdemeanor or felony sentence for a violation other than this 
  4.22  section or section 169.129. 
  4.23     (f) When an attorney responsible for prosecuting gross 
  4.24  misdemeanors under this section requests criminal history 
  4.25  information relating to prior impaired driving convictions from 
  4.26  a court, the court must furnish the information without charge. 
  4.27     (g) A violation of subdivision 1a may be prosecuted either 
  4.28  in the jurisdiction where the arresting officer observed the 
  4.29  defendant driving, operating, or in control of the motor vehicle 
  4.30  or in the jurisdiction where the refusal occurred. 
  4.31     Sec. 4.  [APPROPRIATION.] 
  4.32     $....... is appropriated from the general fund to the 
  4.33  commissioner of public safety to implement section 1.