HF 3129

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

  1.1                          A bill for an act
  1.2             relating to criminal justice; creating a separate law 
  1.3             applicable to the possession or sale of a small amount 
  1.4             of marijuana in a motor vehicle; clarifying 
  1.5             application of the handicapped parking law; reducing 
  1.6             the penalty for first-time violators of driving after 
  1.7             license suspension law; eliminating the enhancement to 
  1.8             a misdemeanor of third and subsequent petty traffic 
  1.9             offenses committed within a single year; increasing 
  1.10            the maximum fine for petty misdemeanor and misdemeanor 
  1.11            offenses; requiring certain information to be included 
  1.12            on the uniform traffic ticket; clarifying that the 
  1.13            definition of "juvenile petty offense" excludes 
  1.14            traffic offenses; amending Minnesota Statutes 1994, 
  1.15            sections 152.027, subdivision 3; 169.346, subdivision 
  1.16            1; 169.89, subdivisions 1 and 2; 169.99, subdivision 
  1.17            1; 171.24, subdivision 1; 609.02, subdivisions 3 and 
  1.18            4a; 609.03; 609.033; 609.0331; 609.0332; and 609.034; 
  1.19            Minnesota Statutes 1995 Supplement, section 260.015, 
  1.20            subdivision 21. 
  1.21  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.22     Section 1.  Minnesota Statutes 1994, section 152.027, 
  1.23  subdivision 3, is amended to read: 
  1.24     Subd. 3.  [POSSESSION OR SALE OF MARIJUANA IN A MOTOR 
  1.25  VEHICLE.] (a) A person is guilty of a misdemeanor if the person 
  1.26  is the owner of a private motor vehicle, or is the driver of the 
  1.27  motor vehicle if the owner is not present, and possesses on the 
  1.28  person, or knowingly keeps or allows to be kept within the area 
  1.29  of the vehicle normally occupied by the driver or passengers, 
  1.30  more than 1.4 grams of marijuana.  This area of the vehicle does 
  1.31  not include the trunk of the motor vehicle if the vehicle is 
  1.32  equipped with a trunk, or another area of the vehicle not 
  1.33  normally occupied by the driver or passengers if the vehicle is 
  2.1   not equipped with a trunk.  A utility or glove compartment is 
  2.2   deemed to be within the area occupied by the driver and 
  2.3   passengers. 
  2.4      (b) A person who, while driving a motor vehicle, unlawfully 
  2.5   sells a small amount of marijuana for no remuneration or 
  2.6   unlawfully possesses a small amount of marijuana is guilty of a 
  2.7   petty misdemeanor punishable by a fine of up to $300 and 
  2.8   participation in a drug education program unless the court 
  2.9   enters a written finding that a drug education program is 
  2.10  inappropriate.  The program must be approved by an area mental 
  2.11  health board with a curriculum approved by the state alcohol and 
  2.12  drug abuse authority. 
  2.13     (c) A person convicted of an unlawful sale under paragraph 
  2.14  (b) who is subsequently convicted of an unlawful sale under 
  2.15  paragraph (b) within two years is guilty of a misdemeanor and 
  2.16  shall be required to participate in a chemical dependency 
  2.17  evaluation and treatment if so indicated by the evaluation. 
  2.18     (d) A person who is convicted of a petty misdemeanor under 
  2.19  paragraph (b) who willfully and intentionally fails to comply 
  2.20  with the sentence imposed, is guilty of a misdemeanor.  
  2.21  Compliance with the terms of the sentence imposed before 
  2.22  conviction under this paragraph is an absolute defense. 
  2.23     Sec. 2.  Minnesota Statutes 1994, section 169.346, 
  2.24  subdivision 1, is amended to read: 
  2.25     Subdivision 1.  [PARKING CRITERIA.] A person shall not: 
  2.26     (1) park a motor vehicle in or obstruct access to a parking 
  2.27  space designated and reserved for the physically disabled, on 
  2.28  either private or public property; 
  2.29     (2) park a motor vehicle in or obstruct access to an area 
  2.30  designated by a local governmental unit as a transfer zone for 
  2.31  disabled persons; 
  2.32     (3) exercise the parking privilege provided in section 
  2.33  169.345, unless:  
  2.34     (i) that person is a physically disabled person as defined 
  2.35  in section 169.345, subdivision 2, or the person is transporting 
  2.36  or parking a vehicle for a physically disabled person; and 
  3.1      (ii) the vehicle visibly displays one of the following:  a 
  3.2   license plate issued under section 168.021, a certificate issued 
  3.3   under section 169.345, a temporary permit valid for 30 days 
  3.4   issued under section 168.021 or 169.345, or an equivalent 
  3.5   certificate, insignia, or license plate issued by another state, 
  3.6   a foreign country, or one of its political subdivisions; or 
  3.7      (4) park a motor vehicle in an area used as a regular route 
  3.8   transit stopping point where a transit vehicle that is 
  3.9   accessible to the physically disabled regularly stops and a sign 
  3.10  that bears the international symbol of access in white on blue 
  3.11  is posted.  A sign posted under this clause may display other 
  3.12  information relating to the regular route transit service.  For 
  3.13  purposes of this clause, an area used as a regular route transit 
  3.14  stopping point consists of the 80 feet immediately preceding the 
  3.15  sign described in this clause.  
  3.16     As used in this section and section 169.345, "park" means 
  3.17  to stop, park, or leave a vehicle standing, whether attended or 
  3.18  unattended. 
  3.19     Sec. 3.  Minnesota Statutes 1994, section 169.89, 
  3.20  subdivision 1, is amended to read: 
  3.21     Subdivision 1.  [VIOLATION.] Unless otherwise declared in 
  3.22  this chapter with respect to particular offenses, it is a petty 
  3.23  misdemeanor for any person to do any act forbidden or fail to 
  3.24  perform any act required by this chapter; except that:  (a) a 
  3.25  violation which is committed in a manner or under circumstances 
  3.26  so as to endanger or be likely to endanger any person or 
  3.27  property; or (b) exclusive of violations relating to the 
  3.28  standing or parking of an unattended vehicle, a violation of any 
  3.29  of the provisions of this chapter, classified therein as a petty 
  3.30  misdemeanor, when preceded by two or more petty misdemeanor 
  3.31  convictions within the immediate preceding 12-month period; is a 
  3.32  misdemeanor to which the provisions of subdivision 2 shall not 
  3.33  apply. 
  3.34     Sec. 4.  Minnesota Statutes 1994, section 169.89, 
  3.35  subdivision 2, is amended to read: 
  3.36     Subd. 2.  [PETTY MISDEMEANOR PENALTY; NO JURY TRIAL.] A 
  4.1   person charged with a petty misdemeanor is not entitled to a 
  4.2   jury trial but shall be tried by a judge without a jury.  If 
  4.3   convicted, the person is not subject to imprisonment but shall 
  4.4   be punished by a fine of not more than $200 $300. 
  4.5      Sec. 5.  Minnesota Statutes 1994, section 169.99, 
  4.6   subdivision 1, is amended to read: 
  4.7      Subdivision 1.  [FORM.] (a) Except as provided in 
  4.8   subdivision 3, there shall be a uniform ticket issued throughout 
  4.9   the state by the police and peace officers or by any other 
  4.10  person for violations of this chapter and ordinances in 
  4.11  conformity thereto.  Such uniform traffic ticket shall be in the 
  4.12  form and have the effect of a summons and complaint.  Except as 
  4.13  provided in paragraph (b), the uniform ticket shall state that 
  4.14  if the defendant fails to appear in court in response to the 
  4.15  ticket, an arrest warrant may be issued and the defendant's 
  4.16  driver's license may be suspended.  The uniform traffic ticket 
  4.17  shall consist of four parts, on paper sensitized so that copies 
  4.18  may be made without the use of carbon paper, as follows: 
  4.19     (1) the complaint, with reverse side for officer's notes 
  4.20  for testifying in court, driver's past record, and court's 
  4.21  action, printed on white paper; 
  4.22     (2) the abstract of court record for the department of 
  4.23  public safety, which shall be a copy of the complaint with the 
  4.24  certificate of conviction on the reverse side, printed on yellow 
  4.25  paper; 
  4.26     (3) the police record, which shall be a copy of the 
  4.27  complaint and of the reverse side of copy (1), printed on pink 
  4.28  paper; 
  4.29     (4) the summons, with, on the reverse side, such 
  4.30  information as the court may wish to give concerning the traffic 
  4.31  violations bureau, and a plea of guilty and waiver, printed on 
  4.32  off-white tag stock.  
  4.33     (b) If the offense is a petty misdemeanor, the uniform 
  4.34  ticket must state that a failure to appear will be considered a 
  4.35  plea of guilty and waiver of the right to trial, unless the 
  4.36  failure to appear is due to circumstances beyond the person's 
  5.1   control. 
  5.2      Sec. 6.  Minnesota Statutes 1994, section 171.24, 
  5.3   subdivision 1, is amended to read: 
  5.4      Subdivision 1.  [DRIVING AFTER SUSPENSION.] Except as 
  5.5   otherwise provided in subdivision 5, (a) A person is guilty of a 
  5.6   petty misdemeanor if: 
  5.7      (1) the person's driver's license or driving privilege has 
  5.8   been suspended; 
  5.9      (2) the person has been given notice of or reasonably 
  5.10  should know of the suspension; and 
  5.11     (3) the person disobeys the order by operating in this 
  5.12  state any motor vehicle, the operation of which requires a 
  5.13  driver's license, while the person's license or privilege is 
  5.14  suspended. 
  5.15     (b) A person is guilty of a misdemeanor if the person 
  5.16  violates this subdivision and the person has a prior conviction 
  5.17  for violating any provision of this section. 
  5.18     Sec. 7.  Minnesota Statutes 1995 Supplement, section 
  5.19  260.015, subdivision 21, is amended to read: 
  5.20     Subd. 21.  [JUVENILE PETTY OFFENDER; JUVENILE PETTY 
  5.21  OFFENSE.] (a) "Juvenile petty offense" includes a juvenile 
  5.22  alcohol offense, a juvenile controlled substance offense, a 
  5.23  violation of section 609.685, or a violation of a local 
  5.24  ordinance, which by its terms prohibits conduct by a child under 
  5.25  the age of 18 years which would be lawful conduct if committed 
  5.26  by an adult.  
  5.27     (b) Except as otherwise provided by paragraph 
  5.28  (c), "juvenile petty offense" also includes an offense, other 
  5.29  than a violation of section 609.224, 609.324, 609.563, 609.576, 
  5.30  or 617.23, that would be a misdemeanor if committed by an adult 
  5.31  if: 
  5.32     (1) the child has not been found to be a juvenile petty 
  5.33  offender on more than two prior occasions for a 
  5.34  misdemeanor-level offense; 
  5.35     (2) the child has not previously been found to be 
  5.36  delinquent for a misdemeanor, gross misdemeanor, or felony 
  6.1   offense; or 
  6.2      (3) the county attorney designates the child on the 
  6.3   petition as a juvenile petty offender, notwithstanding the 
  6.4   child's prior record of misdemeanor-level juvenile petty 
  6.5   offenses. 
  6.6      (c) "Juvenile petty offense" does not include:  (1) a major 
  6.7   traffic offense or an adult court traffic offense, as described 
  6.8   in section 260.193; or (2) a violation of section 609.224, 
  6.9   609.324, 609.563, 609.576, or 617.23. 
  6.10     (d) A child who commits a juvenile petty offense is a 
  6.11  "juvenile petty offender." 
  6.12     Sec. 8.  Minnesota Statutes 1994, section 609.02, 
  6.13  subdivision 3, is amended to read: 
  6.14     Subd. 3.  [MISDEMEANOR.] "Misdemeanor" means a crime for 
  6.15  which a sentence of not more than 90 days or a fine of not more 
  6.16  than $700 $800, or both, may be imposed. 
  6.17     Sec. 9.  Minnesota Statutes 1994, section 609.02, 
  6.18  subdivision 4a, is amended to read: 
  6.19     Subd. 4a.  [PETTY MISDEMEANOR.] "Petty misdemeanor" means a 
  6.20  petty offense which is prohibited by statute, which does not 
  6.21  constitute a crime and for which a sentence of a fine of not 
  6.22  more than $200 $300 may be imposed. 
  6.23     Sec. 10.  Minnesota Statutes 1994, section 609.03, is 
  6.24  amended to read: 
  6.25     609.03 [PUNISHMENT WHEN NOT OTHERWISE FIXED.] 
  6.26     If a person is convicted of a crime for which no punishment 
  6.27  is otherwise provided the person may be sentenced as follows: 
  6.28     (1) If the crime is a felony, to imprisonment for not more 
  6.29  than five years or to payment of a fine of not more than 
  6.30  $10,000, or both; or 
  6.31     (2) If the crime is a gross misdemeanor, to imprisonment 
  6.32  for not more than one year or to payment of a fine of not more 
  6.33  than $3,000, or both; or 
  6.34     (3) If the crime is a misdemeanor, to imprisonment for not 
  6.35  more than 90 days or to payment of a fine of not more than $700 
  6.36  $800, or both; or 
  7.1      (4) If the crime is other than a misdemeanor and a fine is 
  7.2   imposed but the amount is not specified, to payment of a fine of 
  7.3   not more than $1,000, or to imprisonment for a specified term of 
  7.4   not more than six months if the fine is not paid. 
  7.5      Sec. 11.  Minnesota Statutes 1994, section 609.033, is 
  7.6   amended to read: 
  7.7      609.033 [INCREASED MAXIMUM PENALTIES FOR MISDEMEANORS.] 
  7.8      Any law of this state which provides for a maximum fine of 
  7.9   $500 $700 as a penalty for a violation shall, on or after August 
  7.10  1, 1983 1996, be deemed to provide for a maximum fine 
  7.11  of $700 $800.  
  7.12     Sec. 12.  Minnesota Statutes 1994, section 609.0331, is 
  7.13  amended to read: 
  7.14     609.0331 [INCREASED MAXIMUM PENALTIES FOR PETTY 
  7.15  MISDEMEANORS.] 
  7.16     A law of this state that provides, on or after August 1, 
  7.17  1987 1996, for a maximum penalty of $100 $200 for a petty 
  7.18  misdemeanor is considered to provide for a maximum fine 
  7.19  of $200 $300. 
  7.20     Sec. 13.  Minnesota Statutes 1994, section 609.0332, is 
  7.21  amended to read: 
  7.22     609.0332 [INCREASED MAXIMUM PENALTY FOR PETTY MISDEMEANOR 
  7.23  ORDINANCE VIOLATIONS.] 
  7.24     Subdivision 1.  [INCREASED FINE.] From August 1, 1987 1996, 
  7.25  if a state law or municipal charter sets a limit of $100 $200 or 
  7.26  less on the fines that a statutory or home rule charter city, 
  7.27  town, county, or other political subdivision may prescribe for 
  7.28  an ordinance violation that is defined as a petty misdemeanor, 
  7.29  that law or charter is considered to provide that the political 
  7.30  subdivision has the power to prescribe a maximum fine 
  7.31  of $200 $300 for the petty misdemeanor violation. 
  7.32     Sec. 14.  Minnesota Statutes 1994, section 609.034, is 
  7.33  amended to read: 
  7.34     609.034 [INCREASED MAXIMUM PENALTY FOR ORDINANCE 
  7.35  VIOLATIONS.] 
  7.36     Any law of this state or municipal charter which limits the 
  8.1   power of any statutory or home rule charter city, town, county, 
  8.2   or other political subdivision to prescribe a maximum fine of 
  8.3   $500 $700 or less for an ordinance shall on or after August 1, 
  8.4   1983 1996, be deemed to provide that the statutory or home rule 
  8.5   charter city, town, county, or other political subdivision has 
  8.6   the power to prescribe a maximum fine of $700 $800.  
  8.7      Sec. 15.  [EFFECTIVE DATE.] 
  8.8      Sections 1 to 14 are effective August 1, 1996, and apply to 
  8.9   acts committed on or after that date.