HF 2691

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

  1.1                          A bill for an act
  1.2             relating to crimes; enhancing penalties for certain 
  1.3             DWI-related offenses if the driver has no motor 
  1.4             vehicle insurance; amending Minnesota Statutes 1994, 
  1.5             section 169.121, subdivision 3. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 169.121, 
  1.8   subdivision 3, is amended to read: 
  1.9      Subd. 3.  [CRIMINAL PENALTIES.] (a) As used in this 
  1.10  subdivision:  
  1.11     (1) "prior impaired driving conviction" means a prior 
  1.12  conviction under this section; section 84.91, subdivision 1, 
  1.13  paragraph (a); 86B.331, subdivision 1, paragraph (a); 169.129; 
  1.14  360.0752; 609.21, subdivision 1, clauses (2) to (4); 609.21, 
  1.15  subdivision 2, clauses (2) to (4); 609.21, subdivision 2a, 
  1.16  clauses (2) to (4); 609.21, subdivision 3, clauses (2) to (4); 
  1.17  609.21, subdivision 4, clauses (2) to (4); or an ordinance from 
  1.18  this state, or a statute or ordinance from another state in 
  1.19  conformity with any of them.  A prior impaired driving 
  1.20  conviction also includes a prior juvenile adjudication that 
  1.21  would have been a prior impaired driving conviction if committed 
  1.22  by an adult; and 
  1.23     (2) "prior license revocation" means a driver's license 
  1.24  suspension, revocation, or cancellation under this section; 
  1.25  section 169.123; 171.04; 171.14; 171.16; 171.17; or 171.18 
  2.1   because of an alcohol-related incident; 609.21, subdivision 1, 
  2.2   clauses (2) to (4); 609.21, subdivision 2, clauses (2) to (4); 
  2.3   609.21, subdivision 2a, clauses (2) to (4); 609.21, subdivision 
  2.4   3, clauses (2) to (4); or 609.21, subdivision 4, clauses (2) to 
  2.5   (4). 
  2.6      (b) A person who violates subdivision 1 or 1a, or an 
  2.7   ordinance in conformity with either of them, is guilty of a 
  2.8   misdemeanor. 
  2.9      (c) A person is guilty of a gross misdemeanor under any of 
  2.10  the following circumstances: 
  2.11     (1) the person violates subdivision 1 within five years of 
  2.12  a prior impaired driving conviction, or within ten years of the 
  2.13  first of two or more prior impaired driving convictions; 
  2.14     (2) the person violates subdivision 1a within five years of 
  2.15  a prior license revocation, or within ten years of the first of 
  2.16  two or more prior license revocations; 
  2.17     (3) the person violates section 169.26 while in violation 
  2.18  of subdivision 1; or 
  2.19     (4) the person violates subdivision 1 or 1a while a child 
  2.20  under the age of 16 is in the vehicle, if the child is more than 
  2.21  36 months younger than the violator; or 
  2.22     (5) the person violates subdivision 1 or 1a while in 
  2.23  violation of section 169.797. 
  2.24     (d) The attorney in the jurisdiction in which the violation 
  2.25  occurred who is responsible for prosecution of misdemeanor 
  2.26  violations of this section shall also be responsible for 
  2.27  prosecution of gross misdemeanor violations of this section. 
  2.28     (e) The court must impose consecutive sentences when it 
  2.29  sentences a person for a violation of this section or section 
  2.30  169.29 arising out of separate behavioral incidents.  The court 
  2.31  also must impose a consecutive sentence when it sentences a 
  2.32  person for a violation of this section or section 169.129 and 
  2.33  the person, at the time of sentencing, is on probation for, or 
  2.34  serving, an executed sentence for a violation of this section or 
  2.35  section 169.29 and the prior sentence involved a separate 
  2.36  behavioral incident.  The court also may order that the sentence 
  3.1   imposed for a violation of this section or section 169.29 shall 
  3.2   run consecutively to a previously imposed misdemeanor, gross 
  3.3   misdemeanor or felony sentence for a violation other than this 
  3.4   section or section 169.129. 
  3.5      (f) When an attorney responsible for prosecuting gross 
  3.6   misdemeanors under this section requests criminal history 
  3.7   information relating to prior impaired driving convictions from 
  3.8   a court, the court must furnish the information without charge. 
  3.9      (g) A violation of subdivision 1a may be prosecuted either 
  3.10  in the jurisdiction where the arresting officer observed the 
  3.11  defendant driving, operating, or in control of the motor vehicle 
  3.12  or in the jurisdiction where the refusal occurred. 
  3.13     Sec. 2.  [EFFECTIVE DATE.] 
  3.14     Section 1 is effective August 1, 1996, and applies to 
  3.15  crimes committed on or after that date.