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Minnesota Legislature

Office of the Revisor of Statutes

HF 2932

as introduced - 90th Legislature (2017 - 2018) Posted on 03/22/2018 04:12pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to public safety; providing for criminal vehicular homicide and operation
to include penalties for negligent driving causing death or injury while using a
cellular phone or other electronic device;amending Minnesota Statutes 2016,
sections 609.2112, subdivision 1; 609.2113, subdivisions 1, 2, 3; 609.2114,
subdivisions 1, 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 609.2112, subdivision 1, is amended to read:


Subdivision 1.

Criminal vehicular homicide.

(a) Except as provided in paragraph (b),
a person is guilty of criminal vehicular homicide and may be sentenced to imprisonment
for not more than ten years or to payment of a fine of not more than $20,000, or both, if the
person causes the death of a human being not constituting murder or manslaughter as a
result of operating a motor vehicle:

(1) in a grossly negligent manner;

(2) in a negligent manner while under the influence of:

(i) alcohol;

(ii) a controlled substance; or

(iii) any combination of those elements;

(3) while having an alcohol concentration of 0.08 or more;

(4) while having an alcohol concentration of 0.08 or more, as measured within two hours
of the time of driving;

(5) in a negligent manner while knowingly under the influence of a hazardous substance;

(6) in a negligent manner while any amount of a controlled substance listed in Schedule
I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is present in the
person's body;

(7) where the driver who causes the collision leaves the scene of the collision in violation
of section 169.09, subdivision 1 or 6; deleted text beginor
deleted text end

(8) where the driver had actual knowledge that a peace officer had previously issued a
citation or warning that the motor vehicle was defectively maintained, the driver had actual
knowledge that remedial action was not taken, the driver had reason to know that the defect
created a present danger to others, and the death was caused by the defective maintenancedeleted text begin.deleted text endnew text begin;
or
new text end

new text begin (9) in a negligent manner while the driver is operating a cellular phone or other electronic
device in any manner without the use of a hands-free setting.
new text end

(b) If a person is sentenced under paragraph (a) for a violation under paragraph (a),
clauses (2) to (6), occurring within ten years of a qualified prior driving offense, the statutory
maximum sentence of imprisonment is 15 years.

Sec. 2.

Minnesota Statutes 2016, section 609.2113, subdivision 1, is amended to read:


Subdivision 1.

Great bodily harm.

A person is guilty of criminal vehicular operation
resulting in great bodily harm and may be sentenced to imprisonment for not more than five
years or to payment of a fine of not more than $10,000, or both, if the person causes great
bodily harm to another not constituting attempted murder or assault as a result of operating
a motor vehicle:

(1) in a grossly negligent manner;

(2) in a negligent manner while under the influence of:

(i) alcohol;

(ii) a controlled substance; or

(iii) any combination of those elements;

(3) while having an alcohol concentration of 0.08 or more;

(4) while having an alcohol concentration of 0.08 or more, as measured within two hours
of the time of driving;

(5) in a negligent manner while knowingly under the influence of a hazardous substance;

(6) in a negligent manner while any amount of a controlled substance listed in Schedule
I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is present in the
person's body;

(7) where the driver who causes the accident leaves the scene of the accident in violation
of section 169.09, subdivision 1 or 6; deleted text beginor
deleted text end

(8) where the driver had actual knowledge that a peace officer had previously issued a
citation or warning that the motor vehicle was defectively maintained, the driver had actual
knowledge that remedial action was not taken, the driver had reason to know that the defect
created a present danger to others, and the injury was caused by the defective maintenancedeleted text begin.deleted text endnew text begin;
or
new text end

new text begin (9) in a negligent manner while the driver is operating a cellular phone or other electronic
device in any manner without the use of a hands-free setting.
new text end

Sec. 3.

Minnesota Statutes 2016, section 609.2113, subdivision 2, is amended to read:


Subd. 2.

Substantial bodily harm.

A person is guilty of criminal vehicular operation
resulting in substantial bodily harm and may be sentenced to imprisonment for not more
than three years or to payment of a fine of not more than $10,000, or both, if the person
causes substantial bodily harm to another as a result of operating a motor vehicle:

(1) in a grossly negligent manner;

(2) in a negligent manner while under the influence of:

(i) alcohol;

(ii) a controlled substance; or

(iii) any combination of those elements;

(3) while having an alcohol concentration of 0.08 or more;

(4) while having an alcohol concentration of 0.08 or more, as measured within two hours
of the time of driving;

(5) in a negligent manner while knowingly under the influence of a hazardous substance;

(6) in a negligent manner while any amount of a controlled substance listed in Schedule
I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is present in the
person's body;

(7) where the driver who causes the accident leaves the scene of the accident in violation
of section 169.09, subdivision 1 or 6; deleted text beginor
deleted text end

(8) where the driver had actual knowledge that a peace officer had previously issued a
citation or warning that the motor vehicle was defectively maintained, the driver had actual
knowledge that remedial action was not taken, the driver had reason to know that the defect
created a present danger to others, and the injury was caused by the defective maintenancedeleted text begin.deleted text endnew text begin;
or
new text end

new text begin (9) in a negligent manner while the driver is operating a cellular phone or other electronic
device in any manner without the use of a hands-free setting.
new text end

Sec. 4.

Minnesota Statutes 2016, section 609.2113, subdivision 3, is amended to read:


Subd. 3.

Bodily harm.

A person is guilty of criminal vehicular operation resulting in
bodily harm and may be sentenced to imprisonment for not more than one year or to payment
of a fine of not more than $3,000, or both, if the person causes bodily harm to another as a
result of operating a motor vehicle:

(1) in a grossly negligent manner;

(2) in a negligent manner while under the influence of:

(i) alcohol;

(ii) a controlled substance; or

(iii) any combination of those elements;

(3) while having an alcohol concentration of 0.08 or more;

(4) while having an alcohol concentration of 0.08 or more, as measured within two hours
of the time of driving;

(5) in a negligent manner while knowingly under the influence of a hazardous substance;

(6) in a negligent manner while any amount of a controlled substance listed in Schedule
I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is present in the
person's body;

(7) where the driver who causes the accident leaves the scene of the accident in violation
of section 169.09, subdivision 1 or 6; deleted text beginor
deleted text end

(8) where the driver had actual knowledge that a peace officer had previously issued a
citation or warning that the motor vehicle was defectively maintained, the driver had actual
knowledge that remedial action was not taken, the driver had reason to know that the defect
created a present danger to others, and the injury was caused by the defective maintenancedeleted text begin.deleted text endnew text begin;
or
new text end

new text begin (9) in a negligent manner while the driver is operating a cellular phone or other electronic
device in any manner without the use of a hands-free setting.
new text end

Sec. 5.

Minnesota Statutes 2016, section 609.2114, subdivision 1, is amended to read:


Subdivision 1.

Death to an unborn child.

(a) Except as provided in paragraph (b), a
person is guilty of criminal vehicular operation resulting in death to an unborn child and
may be sentenced to imprisonment for not more than ten years or to payment of a fine of
not more than $20,000, or both, if the person causes the death of an unborn child as a result
of operating a motor vehicle:

(1) in a grossly negligent manner;

(2) in a negligent manner while under the influence of:

(i) alcohol;

(ii) a controlled substance; or

(iii) any combination of those elements;

(3) while having an alcohol concentration of 0.08 or more;

(4) while having an alcohol concentration of 0.08 or more, as measured within two hours
of the time of driving;

(5) in a negligent manner while knowingly under the influence of a hazardous substance;

(6) in a negligent manner while any amount of a controlled substance listed in Schedule
I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is present in the
person's body;

(7) where the driver who causes the accident leaves the scene of the accident in violation
of section 169.09, subdivision 1 or 6; deleted text beginor
deleted text end

(8) where the driver had actual knowledge that a peace officer had previously issued a
citation or warning that the motor vehicle was defectively maintained, the driver had actual
knowledge that remedial action was not taken, the driver had reason to know that the defect
created a present danger to others, and the injury was caused by the defective maintenancedeleted text begin.deleted text endnew text begin;
or
new text end

new text begin (9) in a negligent manner while the driver is operating a cellular phone or other electronic
device in any manner without the use of a hands-free setting.
new text end

(b) If a person is sentenced under paragraph (a) for a violation under paragraph (a),
clauses (2) to (6), occurring within ten years of a qualified prior driving offense, the statutory
maximum sentence of imprisonment is 15 years.

Sec. 6.

Minnesota Statutes 2016, section 609.2114, subdivision 2, is amended to read:


Subd. 2.

Injury to an unborn child.

A person is guilty of criminal vehicular operation
resulting in injury to an unborn child and may be sentenced to imprisonment for not more
than five years or to payment of a fine of not more than $10,000, or both, if the person
causes the great bodily harm to an unborn child subsequently born alive as a result of
operating a motor vehicle:

(1) in a grossly negligent manner;

(2) in a negligent manner while under the influence of:

(i) alcohol;

(ii) a controlled substance; or

(iii) any combination of those elements;

(3) while having an alcohol concentration of 0.08 or more;

(4) while having an alcohol concentration of 0.08 or more, as measured within two hours
of the time of driving;

(5) in a negligent manner while knowingly under the influence of a hazardous substance;

(6) in a negligent manner while any amount of a controlled substance listed in Schedule
I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is present in the
person's body;

(7) where the driver who causes the accident leaves the scene of the accident in violation
of section 169.09, subdivision 1 or 6; deleted text beginor
deleted text end

(8) where the driver had actual knowledge that a peace officer had previously issued a
citation or warning that the motor vehicle was defectively maintained, the driver had actual
knowledge that remedial action was not taken, the driver had reason to know that the defect
created a present danger to others, and the injury was caused by the defective maintenancedeleted text begin.deleted text endnew text begin;
or
new text end

new text begin (9) in a negligent manner while the driver is operating a cellular phone or other electronic
device in any manner without the use of a hands-free setting.
new text end

Sec. 7. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 6 are effective August 1, 2018, and apply to crimes committed on or after
that date.
new text end