HF 2745

3rd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes; imposing felony penalty on person 
  1.3             convicted of fourth impaired driving offense within 
  1.4             ten-year period; requiring offender to be sentenced to 
  1.5             both incarceration and to probation supervision; 
  1.6             requiring a plan, a study, and legislative reports; 
  1.7             amending Minnesota Statutes 1998, sections 169.121, 
  1.8             subdivision 3b; 169.129, by adding a subdivision; and 
  1.9             609.135, by adding a subdivision; Minnesota Statutes 
  1.10            1999 Supplement, sections 169.121, subdivisions 3, 3d, 
  1.11            and 3f; 169.1217, subdivision 7; 169.129, subdivision 
  1.12            1; and 609.135, subdivision 2. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 1999 Supplement, section 
  1.15  169.121, subdivision 3, is amended to read: 
  1.16     Subd. 3.  [CRIMINAL PENALTIES.] (a) As used in this section:
  1.17     (1) "Prior impaired driving conviction" means a prior 
  1.18  conviction under: 
  1.19     (i) this section; Minnesota Statutes 1996, section 84.91, 
  1.20  subdivision 1, paragraph (a), or 86B.331, subdivision 1, 
  1.21  paragraph (a); section 169.1211; section 169.129; or section 
  1.22  360.0752; 
  1.23     (ii) section 609.21, subdivision 1, clauses (2) to (6); 
  1.24  subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 
  1.25  to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
  1.26  clauses (2) to (6); or subdivision 4, clauses (2) to (6); or 
  1.27     (iii) an ordinance from this state, or a statute or 
  1.28  ordinance from another state, in conformity with any provision 
  1.29  listed in item (i) or (ii). 
  2.1   A prior impaired driving conviction also includes a prior 
  2.2   juvenile adjudication that would have been a prior impaired 
  2.3   driving conviction if committed by an adult. 
  2.4      (2) "Prior license revocation" means a driver's license 
  2.5   suspension, revocation, cancellation, denial, or 
  2.6   disqualification under: 
  2.7      (i) this section or section 169.1211, 169.123, 171.04, 
  2.8   171.14, 171.16, 171.165, 171.17, or 171.18 because of an 
  2.9   alcohol-related incident; 
  2.10     (ii) section 609.21, subdivision 1, clauses (2) to (6); 
  2.11  subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 
  2.12  to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
  2.13  clauses (2) to (6); or subdivision 4, clauses (2) to (6); or 
  2.14     (iii) an ordinance from this state, or a statute or 
  2.15  ordinance from another state, in conformity with any provision 
  2.16  listed in item (i) or (ii). 
  2.17  "Prior license revocation" also means the revocation of 
  2.18  snowmobile or all-terrain vehicle operating privileges under 
  2.19  section 84.911, or motorboat operating privileges under section 
  2.20  86B.335, for violations that occurred on or after August 1, 
  2.21  1994; the revocation of snowmobile or all-terrain vehicle 
  2.22  operating privileges under section 84.91; or the revocation of 
  2.23  motorboat operating privileges under section 86B.331. 
  2.24     (b) A person who violates subdivision 1, clause (a), (b), 
  2.25  (c), (d), (e), (g), or (h), or subdivision 1a, or an ordinance 
  2.26  in conformity with any of them, is guilty of a misdemeanor. 
  2.27     (c) A person is guilty of a gross misdemeanor under any of 
  2.28  the following circumstances: 
  2.29     (1) the person violates subdivision 1, clause (f); 
  2.30     (2) the person violates subdivision 1, clause (a), (b), 
  2.31  (c), (d), (e), (g), or (h), or subdivision 1a: 
  2.32     (i) within five years of a prior impaired driving 
  2.33  conviction or a prior license revocation; or 
  2.34     (ii) within ten years of the first of two or more prior 
  2.35  impaired driving convictions, two or more prior license 
  2.36  revocations, or any combination of two or more prior impaired 
  3.1   driving convictions and prior license revocations, based on 
  3.2   separate incidents; 
  3.3      (3) the person violates section 169.26 while in violation 
  3.4   of subdivision 1; or 
  3.5      (4) the person violates subdivision 1 or 1a while a child 
  3.6   under the age of 16 is in the vehicle, if the child is more than 
  3.7   36 months younger than the violator. 
  3.8   A person convicted of a gross misdemeanor under this paragraph 
  3.9   is subject to the mandatory penalties provided in subdivision 3d.
  3.10     (d) A person is guilty of a felony under any of the 
  3.11  following circumstances: 
  3.12     (1) the person violates subdivision 1 or 1a within ten 
  3.13  years of the first of three or more prior impaired driving 
  3.14  convictions; or 
  3.15     (2) the person violates subdivision 1 or 1a and has been 
  3.16  convicted previously of a felony under this section or section 
  3.17  169.129. 
  3.18  A person convicted of a felony under this paragraph must be 
  3.19  sentenced to imprisonment for not less than five nor more than 
  3.20  seven years and, in addition, may be ordered to pay a fine of 
  3.21  not more than $14,000.  The court must impose this mandatory 
  3.22  sentence and may stay execution of it only on condition that the 
  3.23  offender serve 180 consecutive days in a local correctional 
  3.24  facility and, following this period of incarceration, that the 
  3.25  offender enter a program of probation supervision that includes 
  3.26  electronic monitoring and, if recommended by the chemical use 
  3.27  assessment, chemical dependency treatment and aftercare.  
  3.28  Hearings on whether the offender has violated the conditions of 
  3.29  the stayed sentence are governed by section 609.135, subdivision 
  3.30  1d. 
  3.31     (e) The court shall notify a person convicted of violating 
  3.32  subdivision 1 or 1a that the registration plates of the person's 
  3.33  motor vehicle may be impounded under section 168.042 and the 
  3.34  vehicle may be subject to forfeiture under section 169.1217 upon 
  3.35  a subsequent conviction for violating this section, section 
  3.36  169.129, or section 171.24, or a subsequent license revocation 
  4.1   under section 169.123.  The notice must describe the conduct and 
  4.2   the time periods within which the conduct must occur in order to 
  4.3   result in plate impoundment or forfeiture.  The failure of the 
  4.4   court to provide this information does not affect the 
  4.5   applicability of the plate impoundment or the forfeiture 
  4.6   provision to that person. 
  4.7      (e) (f) The attorney in the jurisdiction in which the 
  4.8   violation occurred who is responsible for prosecution of 
  4.9   misdemeanor violations of this section shall is also be 
  4.10  responsible for prosecution of gross misdemeanor violations of 
  4.11  this section. 
  4.12     (f) (g) The court must impose consecutive sentences when it 
  4.13  sentences a person for a violation of this section or section 
  4.14  169.129 arising out of separate behavioral incidents.  The court 
  4.15  also must impose a consecutive sentence when it sentences a 
  4.16  person for a violation of this section or section 169.129 and 
  4.17  the person, at the time of sentencing, is on probation for, or 
  4.18  serving, an executed sentence for a violation of this section or 
  4.19  section 169.129 and the prior sentence involved a separate 
  4.20  behavioral incident.  The court also may order that the sentence 
  4.21  imposed for a violation of this section or section 169.129 shall 
  4.22  run consecutively to a previously imposed misdemeanor, gross 
  4.23  misdemeanor or felony sentence for a violation other than this 
  4.24  section or section 169.129.  
  4.25     (g) (h) When the court stays the sentence of a person 
  4.26  convicted under this section, the length of the stay is governed 
  4.27  by section 609.135, subdivision 2. 
  4.28     (h) (i) The court may impose consecutive sentences for 
  4.29  offenses arising out of a single course of conduct as permitted 
  4.30  in section 609.035, subdivision 2.  
  4.31     (i) (j) The court shall impose consecutive sentences for a 
  4.32  violation of this section or section 169.129 and an offense 
  4.33  listed in section 609.035, subdivision 2, paragraph (f), arising 
  4.34  out of the same course of conduct, as required by section 
  4.35  609.035, subdivision 2, paragraph (g). 
  4.36     (j) (k) When an attorney responsible for prosecuting gross 
  5.1   misdemeanors or felonies under this section requests criminal 
  5.2   history information relating to prior impaired driving 
  5.3   convictions from a court, the court must furnish the information 
  5.4   without charge. 
  5.5      (k) (l) A violation of subdivision 1a may be prosecuted 
  5.6   either in the jurisdiction where the arresting officer observed 
  5.7   the defendant driving, operating, or in control of the motor 
  5.8   vehicle or in the jurisdiction where the refusal occurred. 
  5.9      Sec. 2.  Minnesota Statutes 1998, section 169.121, 
  5.10  subdivision 3b, is amended to read: 
  5.11     Subd. 3b.  [CHEMICAL USE ASSESSMENT.] Except for felony 
  5.12  convictions, the court must order a person to submit to the 
  5.13  level of care recommended in the chemical use assessment if the 
  5.14  person has been convicted of violating: 
  5.15     (1) subdivision 1, clause (f); or 
  5.16     (2) subdivision 1, clause (a), (b), (c), (d), (e), (g), or 
  5.17  (h), subdivision 1a, section 169.129, an ordinance in conformity 
  5.18  with any of them, or a statute or ordinance from another state 
  5.19  in conformity with any of them: 
  5.20     (i) within five years of a prior impaired driving 
  5.21  conviction or a prior license revocation; or 
  5.22     (ii) within ten years of two or more prior impaired driving 
  5.23  convictions, two or more prior license revocations, or a prior 
  5.24  impaired driving conviction and a prior license revocation, 
  5.25  based on separate incidents. 
  5.26     Sec. 3.  Minnesota Statutes 1999 Supplement, section 
  5.27  169.121, subdivision 3d, is amended to read: 
  5.28     Subd. 3d.  [GROSS MISDEMEANOR; MANDATORY PENALTIES.] (a) 
  5.29  The mandatory penalties in this subdivision apply to persons 
  5.30  convicted of a gross misdemeanor under subdivision 3, paragraph 
  5.31  (c), or section 169.129. 
  5.32     (b) A person who is convicted of a gross misdemeanor under 
  5.33  subdivision 3, paragraph (c), or is convicted of a gross 
  5.34  misdemeanor violation of section 169.129 within five years of a 
  5.35  prior impaired driving conviction or prior license revocation, 
  5.36  must be sentenced to a minimum of 30 days imprisonment, at least 
  6.1   48 hours of which must be served consecutively, or to eight 
  6.2   hours of community work service for each day less than 30 days 
  6.3   that the person is ordered to serve in jail.  Notwithstanding 
  6.4   section 609.135, the above sentence must be executed, unless the 
  6.5   court departs from the mandatory minimum sentence under 
  6.6   paragraph (f) or (g) (d) or (e). 
  6.7      (c) A person who is convicted of a gross misdemeanor under 
  6.8   subdivision 3, paragraph (c), or is convicted of a gross 
  6.9   misdemeanor violation of section 169.129 within ten years of two 
  6.10  prior impaired driving convictions, two prior license 
  6.11  revocations, or a combination of the two based on separate 
  6.12  instances, must be sentenced to either: 
  6.13     (1) a minimum of 90 days incarceration, at least 30 days of 
  6.14  which must be served consecutively in a local correctional 
  6.15  facility; or 
  6.16     (2) a program of intensive supervision of the type 
  6.17  described in section 169.1265 that requires the person to 
  6.18  consecutively serve at least six days in a local correctional 
  6.19  facility.  
  6.20  The court may order that the person serve not more than 60 days 
  6.21  of the minimum penalty under clause (1) on home detention or in 
  6.22  an intensive probation program described in section 169.1265.  
  6.23  Notwithstanding section 609.135, the penalties in this paragraph 
  6.24  must be imposed and executed. 
  6.25     (d) A person who is convicted of a gross misdemeanor under 
  6.26  subdivision 3, paragraph (c), or is convicted of a gross 
  6.27  misdemeanor violation of section 169.129 within ten years of 
  6.28  three prior impaired driving convictions, three prior license 
  6.29  revocations, or a combination of the two based on separate 
  6.30  instances, must be sentenced to either: 
  6.31     (1) a minimum of 180 days of incarceration, at least 30 
  6.32  days of which must be served consecutively in a local 
  6.33  correctional facility; or 
  6.34     (2) a program of intensive supervision of the type 
  6.35  described in section 169.1265 that requires the person to 
  6.36  consecutively serve at least six days in a local correctional 
  7.1   facility.  
  7.2   The court may order that the person serve not more than 150 days 
  7.3   of the minimum penalty under clause (1) on home detention or in 
  7.4   an intensive probation program described in section 169.1265.  
  7.5   Notwithstanding section 609.135, the penalties in this paragraph 
  7.6   must be imposed and executed. 
  7.7      (e) A person who is convicted of a gross misdemeanor under 
  7.8   subdivision 3, paragraph (c), or is convicted of a gross 
  7.9   misdemeanor violation of section 169.129 within 15 years of four 
  7.10  prior impaired driving convictions, four prior license 
  7.11  revocations, or a combination of the two based on separate 
  7.12  instances; or anytime after five or more prior impaired driving 
  7.13  convictions, five or more prior license revocations, or a 
  7.14  combination of the two based on separate instances, must be 
  7.15  sentenced to either: 
  7.16     (1) a minimum of one year of incarceration, at least 60 
  7.17  days of which must be served consecutively in a local 
  7.18  correctional facility; or 
  7.19     (2) a program of intensive supervision of the type 
  7.20  described in section 169.1265 that requires the person to 
  7.21  consecutively serve at least six days in a local correctional 
  7.22  facility.  
  7.23  The court may order that the person serve the remainder of the 
  7.24  minimum penalty under clause (1) on intensive probation using an 
  7.25  electronic monitoring system or, if such a system is 
  7.26  unavailable, on home detention.  Notwithstanding section 
  7.27  609.135, the penalties in this paragraph must be imposed and 
  7.28  executed. 
  7.29     (f) Prior to sentencing, the prosecutor may file a motion 
  7.30  to have a defendant described in paragraph (b) sentenced without 
  7.31  regard to the mandatory minimum sentence established by that 
  7.32  paragraph.  The motion must be accompanied by a statement on the 
  7.33  record of the reasons for it.  When presented with the 
  7.34  prosecutor's motion and if it finds that substantial mitigating 
  7.35  factors exist, the court shall sentence the defendant without 
  7.36  regard to the mandatory minimum sentence established by 
  8.1   paragraph (b).  
  8.2      (g) (e) The court may, on its own motion, sentence a 
  8.3   defendant described in paragraph (b) without regard to the 
  8.4   mandatory minimum sentence established by that paragraph if it 
  8.5   finds that substantial mitigating factors exist and if its 
  8.6   sentencing departure is accompanied by a statement on the record 
  8.7   of the reasons for it.  The court also may sentence the 
  8.8   defendant without regard to the mandatory minimum sentence 
  8.9   established by paragraph (b) if the defendant is sentenced to 
  8.10  probation and ordered to participate in a program established 
  8.11  under section 169.1265. 
  8.12     (h) (f) When any portion of the sentence required by 
  8.13  paragraph (b) is not executed, the court should impose a 
  8.14  sentence that is proportional to the extent of the offender's 
  8.15  prior criminal and moving traffic violation record.  Any 
  8.16  sentence required under paragraph (b) must include a mandatory 
  8.17  sentence that is not subject to suspension or a stay of 
  8.18  imposition or execution, and that includes incarceration for not 
  8.19  less than at least 48 consecutive hours of incarceration or at 
  8.20  least 80 hours of community work service. 
  8.21     Sec. 4.  Minnesota Statutes 1999 Supplement, section 
  8.22  169.121, subdivision 3f, is amended to read: 
  8.23     Subd. 3f.  [LONG-TERM MONITORING.] (a) This subdivision 
  8.24  applies to a person convicted of: 
  8.25     (1) a violation of subdivision 1 or 1a within five years of 
  8.26  two prior impaired driving convictions, or within ten years of 
  8.27  three or more prior impaired driving convictions; 
  8.28     (2) a second or subsequent violation of subdivision 1 or 
  8.29  1a, if the person is under the age of 19 years; 
  8.30     (3) a violation of subdivision 1 or 1a, while the person's 
  8.31  driver's license or driving privileges have been canceled under 
  8.32  section 171.04, subdivision 1, clause (10); or 
  8.33     (4) a gross misdemeanor violation of section 169.129. 
  8.34     (b) When the court sentences a person described in 
  8.35  paragraph (a) to a stayed sentence and when electronic 
  8.36  monitoring equipment is available to the court, the court shall 
  9.1   require that the person participate in a program of electronic 
  9.2   alcohol monitoring in addition to any other conditions of 
  9.3   probation or jail time it imposes.  During the first one-third 
  9.4   of the person's probationary term, the electronic alcohol 
  9.5   monitoring must be continuous and involve measurements of the 
  9.6   person's alcohol at least three times a day.  During the 
  9.7   remainder of the person's probationary term, the electronic 
  9.8   alcohol monitoring may be intermittent, as determined by the 
  9.9   court.  The court shall require partial or total reimbursement 
  9.10  from the person for the cost of the electronic alcohol 
  9.11  monitoring, to the extent the person is able to pay. 
  9.12     Sec. 5.  Minnesota Statutes 1999 Supplement, section 
  9.13  169.1217, subdivision 7, is amended to read: 
  9.14     Subd. 7.  [LIMITATIONS ON FORFEITURE OF MOTOR VEHICLE.] (a) 
  9.15  A vehicle is subject to forfeiture under this section only if: 
  9.16     (1) the driver is convicted of the designated offense upon 
  9.17  which the forfeiture is based; 
  9.18     (2) the driver fails to appear with respect to the 
  9.19  designated offense charge in violation of section 609.49; or 
  9.20     (3) the driver's conduct results in a designated license 
  9.21  revocation and the driver either fails to seek administrative or 
  9.22  judicial review of the revocation in a timely manner as required 
  9.23  by section 169.123, subdivision 5b or 5c, or the revocation is 
  9.24  sustained under section 169.123, subdivision 5b or 6. 
  9.25     (b) A vehicle encumbered by a bona fide security interest, 
  9.26  or subject to a lease that has a term of 180 days or more, is 
  9.27  subject to the interest of the secured party or lessor unless 
  9.28  the party or lessor had knowledge of or consented to the act 
  9.29  upon which the forfeiture is based.  However, when the proceeds 
  9.30  of the sale of a seized vehicle do not equal or exceed the 
  9.31  outstanding loan balance, the appropriate agency shall remit all 
  9.32  proceeds of the sale to the secured party.  If the sale of the 
  9.33  vehicle is conducted in a commercially reasonable manner 
  9.34  consistent with the provisions of section 336.9-504, clause (3), 
  9.35  the agency is not liable to the secured party for any amount 
  9.36  owed on the loan in excess of the sale proceeds if the secured 
 10.1   party received notification of the time and place of the sale at 
 10.2   least three days prior to the sale. 
 10.3      (c) Notwithstanding paragraphs (b) and (d), the secured 
 10.4   party's, lessor's, or owner's interest in a vehicle is not 
 10.5   subject to forfeiture based solely on the secured party's, 
 10.6   lessor's, or owner's knowledge of the act or omission upon which 
 10.7   the forfeiture is based if the secured party, lessor, or owner 
 10.8   took reasonable steps to terminate use of the vehicle by the 
 10.9   offender. 
 10.10     (d) A motor vehicle is subject to forfeiture under this 
 10.11  section only if its owner knew or should have known of the 
 10.12  unlawful use or intended use that the offender did not have a 
 10.13  valid license at the time the offender used the vehicle and if 
 10.14  the owner gave explicit or implicit permission to the offender 
 10.15  to use the vehicle. 
 10.16     (e) A vehicle subject to a security interest, based upon a 
 10.17  loan or other financing arranged by a financial institution, is 
 10.18  subject to the interest of the financial institution.  
 10.19     Sec. 6.  Minnesota Statutes 1999 Supplement, section 
 10.20  169.129, subdivision 1, is amended to read: 
 10.21     Subdivision 1.  [CRIME.] It is a gross misdemeanor crime 
 10.22  for any person to drive, operate, or be in physical control of a 
 10.23  motor vehicle, the operation of which requires a driver's 
 10.24  license, within this state or upon the ice of any boundary water 
 10.25  of this state in violation of section 169.121 or an ordinance in 
 10.26  conformity with it before the person's driver's license or 
 10.27  driving privilege has been reinstated following its 
 10.28  cancellation, suspension, revocation, disqualification, or 
 10.29  denial under any of the following statutes:  
 10.30     (1) section 169.121, 169.1211, or 169.123; 
 10.31     (2) section 171.04, 171.14, 171.16, 171.17, or 171.18 
 10.32  because of an alcohol-related incident; 
 10.33     (3) section 609.21, subdivision 1, clauses (2) to (6); 
 10.34  subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 
 10.35  to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
 10.36  clauses (2) to (6); or subdivision 4, clauses (2) to (6). 
 11.1      Sec. 7.  Minnesota Statutes 1998, section 169.129, is 
 11.2   amended by adding a subdivision to read: 
 11.3      Subd. 1a.  [PENALTIES.] (a) Except as otherwise provided in 
 11.4   paragraph (b), a person who violates this section is guilty of a 
 11.5   gross misdemeanor. 
 11.6      (b) A person is guilty of a felony if the person violates 
 11.7   subdivision 1, and either: 
 11.8      (1) the person has three or more prior impaired driving 
 11.9   convictions, as defined in section 169.121, subdivision 3, 
 11.10  within the past ten years; or 
 11.11     (2) the person has been convicted previously of a felony 
 11.12  violation of this section or section 169.121. 
 11.13  A person convicted of a felony under this paragraph must be 
 11.14  sentenced to imprisonment for not less than five nor more than 
 11.15  seven years and, in addition, may be ordered to pay a fine of 
 11.16  not more than $14,000.  The court must impose this mandatory 
 11.17  sentence and may stay execution of it only on condition that the 
 11.18  offender serve 180 consecutive days in a local correctional 
 11.19  facility and, following this period of incarceration, that the 
 11.20  offender enter a program of probation supervision that includes 
 11.21  electronic monitoring and, if recommended by the chemical use 
 11.22  assessment, chemical dependency treatment and aftercare.  
 11.23  Hearings on whether the offender has violated the conditions of 
 11.24  the stayed sentence are governed by section 609.135, subdivision 
 11.25  1d. 
 11.26     Sec. 8.  Minnesota Statutes 1998, section 609.135, is 
 11.27  amended by adding a subdivision to read: 
 11.28     Subd. 1d.  [FELONY-LEVEL DWI OFFENDER; ALCOHOL OR DRUG 
 11.29  USE.] If a defendant convicted of a felony-level violation of 
 11.30  section 169.121 or 169.129 is required, as a condition of a 
 11.31  stayed sentence, to refrain from the use of alcohol or drugs, 
 11.32  the probation agent supervising the defendant must immediately 
 11.33  report to the court any information or indication that the 
 11.34  defendant has violated this condition.  As soon as practicable 
 11.35  after receiving the probation agent's report, the court shall 
 11.36  hold a hearing under section 609.14 to determine whether the 
 12.1   defendant used alcohol or drugs in violation of the condition of 
 12.2   the stayed sentence.  If the court finds that the defendant 
 12.3   violated this condition, the court may continue the stay only on 
 12.4   the additional condition that the defendant serve 365 
 12.5   consecutive days of incarceration in a local correctional 
 12.6   facility.  The court must impose this additional condition 
 12.7   unless the court makes written findings regarding the mitigating 
 12.8   factors justifying nonimposition of the condition. 
 12.9      Sec. 9.  Minnesota Statutes 1999 Supplement, section 
 12.10  609.135, subdivision 2, is amended to read: 
 12.11     Subd. 2.  [STAY OF SENTENCE MAXIMUM PERIODS.] (a) Except as 
 12.12  otherwise provided in this paragraph, if the conviction is for a 
 12.13  felony the stay shall be for not more than four years or the 
 12.14  maximum period for which the sentence of imprisonment might have 
 12.15  been imposed, whichever is longer.  If the conviction is for a 
 12.16  felony violation of section 169.121 or 169.129, the stay shall 
 12.17  be for not more than ten years. 
 12.18     (b) If the conviction is for a gross misdemeanor violation 
 12.19  of section 169.121 or 169.129, the stay shall be for not more 
 12.20  than six years.  The court shall provide for unsupervised 
 12.21  probation for the last year of the stay unless the court finds 
 12.22  that the defendant needs supervised probation for all or part of 
 12.23  the last year. 
 12.24     (c) If the conviction is for a gross misdemeanor not 
 12.25  specified in paragraph (b), the stay shall be for not more than 
 12.26  two years. 
 12.27     (d) If the conviction is for any misdemeanor under section 
 12.28  169.121; 609.746, subdivision 1; 609.79; or 617.23; or for a 
 12.29  misdemeanor under section 609.2242 or 609.224, subdivision 1, in 
 12.30  which the victim of the crime was a family or household member 
 12.31  as defined in section 518B.01, the stay shall be for not more 
 12.32  than two years.  The court shall provide for unsupervised 
 12.33  probation for the second year of the stay unless the court finds 
 12.34  that the defendant needs supervised probation for all or part of 
 12.35  the second year. 
 12.36     (e) If the conviction is for a misdemeanor not specified in 
 13.1   paragraph (d), the stay shall be for not more than one year.  
 13.2      (f) The defendant shall be discharged six months after the 
 13.3   term of the stay expires, unless the stay has been revoked or 
 13.4   extended under paragraph (g), or the defendant has already been 
 13.5   discharged. 
 13.6      (g) Notwithstanding the maximum periods specified for stays 
 13.7   of sentences under paragraphs (a) to (f), a court may extend a 
 13.8   defendant's term of probation for up to one year if it finds, at 
 13.9   a hearing conducted under subdivision 1a, that: 
 13.10     (1) the defendant has not paid court-ordered restitution or 
 13.11  a fine in accordance with the payment schedule or structure; and 
 13.12     (2) the defendant is likely to not pay the restitution or 
 13.13  fine the defendant owes before the term of probation expires.  
 13.14  This one-year extension of probation for failure to pay 
 13.15  restitution or a fine may be extended by the court for up to one 
 13.16  additional year if the court finds, at another hearing conducted 
 13.17  under subdivision 1a, that the defendant still has not paid the 
 13.18  court-ordered restitution or fine that the defendant owes. 
 13.19     (h) Notwithstanding the maximum periods specified for stays 
 13.20  of sentences under paragraphs (a) to (f), a court may extend a 
 13.21  defendant's term of probation for up to three years if it finds, 
 13.22  at a hearing conducted under subdivision 1c, that: 
 13.23     (1) the defendant has failed to complete court-ordered 
 13.24  treatment successfully; and 
 13.25     (2) the defendant is likely not to complete court-ordered 
 13.26  treatment before the term of probation expires. 
 13.27     Sec. 10.  [SENTENCING GUIDELINE RANKING OF DWI FELONY.] 
 13.28     The sentencing guidelines commission is requested to leave 
 13.29  felony violations of Minnesota Statutes, sections 169.121 and 
 13.30  169.129, unranked under sentencing guideline II.A.03.  The 
 13.31  commission also is requested to amend the sentencing guidelines 
 13.32  to provide that each felony violation of Minnesota Statutes, 
 13.33  section 169.121 or 169.129, constitutes one criminal history 
 13.34  point. 
 13.35     Sec. 11.  [PLAN FOR PLACEMENT OF DWI OFFENDERS SENTENCED TO 
 13.36  PRISON.] 
 14.1      The commissioner of corrections, in consultation with the 
 14.2   commissioner of human services, shall develop a plan for the 
 14.3   placement and management of felony-level DWI offenders who are 
 14.4   committed to the commissioner's custody.  The plan shall 
 14.5   identify the facilities in which these offenders will be 
 14.6   confined and may include state-owned or state-operated 
 14.7   residential facilities that currently are not part of the state 
 14.8   correctional system.  The commissioner shall submit the plan to 
 14.9   the chairs and ranking minority members of the house and senate 
 14.10  committees with jurisdiction over criminal justice policy and 
 14.11  funding by November 1, 2000. 
 14.12     Sec. 12.  [STUDY OF COMMUNITY CORRECTIONS IMPACTS OF FELONY 
 14.13  DWI.] 
 14.14     The commissioner of corrections shall study and report to 
 14.15  the legislature on the likely community corrections impacts of 
 14.16  the felony penalty created by this act.  In conducting the 
 14.17  study, the commissioner shall obtain relevant information from 
 14.18  counties within each of the three probation services delivery 
 14.19  systems in order to answer the following questions: 
 14.20     (1) How many felony-level DWI offenders will be on 
 14.21  probation each year? 
 14.22     (2) What conditions of probation will these offenders be 
 14.23  required to observe? 
 14.24     (3) How many offenders are expected to successfully 
 14.25  complete probation and how many are expected to violate 
 14.26  probation and serve their stayed prison sentence? 
 14.27  The commissioner shall submit the report to the chairs and 
 14.28  ranking minority members of the house and senate committees with 
 14.29  jurisdiction over criminal justice policy and funding by 
 14.30  November 1, 2000. 
 14.31     Sec. 13.  [EFFECTIVE DATE.] 
 14.32     Sections 1 to 10 are effective July 1, 2001, and apply to 
 14.33  offenses occurring on or after that date.