HF 3156

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 05/11/2020 09:24am

A bill for an act
relating to public safety; modifying the commissioner of public safety's authority
to suspend drivers' licenses in certain situations; providing for retroactive driver's
license reinstatement in certain instances; making technical changes; publishing
correctional facility daily population data on website; modifying occupancy limits
of correctional facility cells; providing early conditional release for certain inmates
during COVID-19 public health emergency; providing testing of public safety
specialists for SARS-CoV-2; temporarily suspending local match for youth
intervention program grants; requiring a report; amending Minnesota Statutes
2018, sections 169.92, subdivision 4; 171.16, subdivisions 2, 3; 171.18, subdivision
1; 243.53; 480.15, by adding a subdivision; proposing coding for new law in
Minnesota Statutes, chapters 171; 241.

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

Section 1.

Minnesota Statutes 2018, section 169.92, subdivision 4, is amended to read:

Subd. 4.

Suspension of driver's license.

(a) Upon receiving a report from the court, or
from the driver licensing authority of a state, district, territory, or possession of the United
States or a province of a foreign country which has an agreement in effect with this state
pursuant to section 169.91, that a resident of this state or a person licensed as a driver in
this state did not appear in court in compliance with the terms of a citation, the commissioner
of public safety shall notify the driver that the driver's license will be suspended unless the
commissioner receives notice within 30 days that the driver has appeared in the appropriate
court deleted text begin or, if the offense is a petty misdemeanor for which a guilty plea was entered under
section 609.491, that the person has paid any fine imposed by the court deleted text end . If the commissioner
does not receive notice of the appearance in the appropriate court or payment of the fine
within 30 days of the date of the commissioner's notice to the driver, the commissioner may
suspend the driver's license, subject to the notice requirements of section 171.18, subdivision
2. new text begin Notwithstanding the requirements in this section, the commissioner is prohibited from
suspending the driver's license of a person based solely on the fact that the person did not
appear in court (1) in compliance with the terms of a citation for a petty misdemeanor, or
(2) for a violation of section 171.24, subdivision 1.
new text end

(b) The order of suspension shall indicate the reason for the order and shall notify the
driver that the driver's license deleted text begin shall remain deleted text end new text begin remains new text end suspended until the driver has furnished
evidence, satisfactory to the commissioner, of compliance with any order entered by the
court.

(c) Suspension shall be ordered under this subdivision only when the report clearly
identifies the person arrested; describes the violation, specifying the section of the traffic
law, ordinance or rule violated; indicates the location and date of the offense; and describes
the vehicle involved and its registration number.

Sec. 2.

Minnesota Statutes 2018, section 171.16, subdivision 2, is amended to read:

Subd. 2.

Commissioner shall suspend.

new text begin (a) new text end The court may recommend the suspension
of the driver's license of the person so convicted, and the commissioner shall suspend such
license as recommended by the court, without a hearing deleted text begin as provided herein deleted text end .

new text begin (b) The commissioner is prohibited from suspending a person's driver's license if the
person was convicted only under section 171.24, subdivision 1 or 2.
new text end

Sec. 3.

Minnesota Statutes 2018, section 171.16, subdivision 3, is amended to read:

Subd. 3.

deleted text begin Suspension for deleted text end Failure to pay fine.

deleted text begin When any court reports to deleted text end The
commissioner new text begin must not suspend a person's driver's license based solely on the fact new text end that a
person: (1) has been convicted of violating a law of this state or an ordinance of a political
subdivision which regulates the operation or parking of motor vehicles, (2) has been
sentenced to the payment of a fine or had a surcharge levied against that person, or sentenced
to a fine upon which a surcharge was levied, and (3) has refused or failed to comply with
that sentence or to pay the surcharge deleted text begin , notwithstanding the fact that the court has determined
that the person has the ability to pay the fine or surcharge, the commissioner shall suspend
the driver's license of such person for 30 days for a refusal or failure to pay or until notified
by the court that the fine or surcharge, or both if a fine and surcharge were not paid, has
been paid deleted text end .

Sec. 4.

Minnesota Statutes 2018, section 171.18, subdivision 1, is amended to read:

Subdivision 1.

Offenses.

(a) The commissioner may suspend the license of a driver
without preliminary hearing upon a showing by department records or other sufficient
evidence that the licensee:

(1) has committed an offense for which mandatory revocation of license is required upon
conviction;

(2) has been convicted by a court for violating a provision of chapter 169 or an ordinance
regulating traffic, other than a conviction for a petty misdemeanor, and department records
show that the violation contributed in causing an accident resulting in the death or personal
injury of another, or serious property damage;

(3) is an habitually reckless or negligent driver of a motor vehicle;

(4) is an habitual violator of the traffic laws;

(5) is incompetent to drive a motor vehicle as determined in a judicial proceeding;

(6) has permitted an unlawful or fraudulent use of the license;

(7) has committed an offense in another state that, if committed in this state, would be
grounds for suspension;

(8) has committed a violation of section 169.444, subdivision 2, paragraph (a), within
five years of a prior conviction under that section;

(9) has committed a violation of section 171.22, except that the commissioner may not
suspend a person's driver's license based solely on the fact that the person possessed a
fictitious or fraudulently altered Minnesota identification card;

(10) has failed to appear in court as provided in section 169.92, subdivision 4;

(11) has failed to report a medical condition that, if reported, would have resulted in
cancellation of driving privileges;

(12) has been found to have committed an offense under section 169A.33; or

(13) has paid or attempted to pay a fee required under this chapter for a license or permit
by means of a dishonored check issued to the state or a driver's license agent, which must
be continued until the registrar determines or is informed by the agent that the dishonored
check has been paid in full.

However, an action taken by the commissioner under clause (2) or (5) must conform to the
recommendation of the court when made in connection with the prosecution of the licensee.

(b) The commissioner deleted text begin may not suspend deleted text end new text begin is prohibited from suspending new text end the driver's license
of an individual under paragraph (a) who was convicted of a violation of section 171.24,
subdivision 1 deleted text begin , whose license was under suspension at the time solely because of the
individual's failure to appear in court or failure to pay a fine deleted text end new text begin or 2 new text end .

Sec. 5.

new text begin [171.325] DRIVER'S LICENSE SUSPENSIONS AND REVOCATIONS;
REPORTS.
new text end

new text begin Subdivision 1. new text end

new text begin Issuance, suspensions, and revocations. new text end

new text begin (a) Annually by February 15,
the commissioner of public safety must report to the chairs and ranking minority members
of the house of representatives and senate committees with jurisdiction over public safety
and transportation on the status of drivers' licenses issued, suspended, and revoked. The
commissioner must make the report available on the department's website.
new text end

new text begin (b) At a minimum, the report must include:
new text end

new text begin (1) the total number of drivers' licenses issued, suspended, and revoked as of January 1
the year the report is submitted, broken down by county;
new text end

new text begin (2) for each of the previous eight calendar years, the total number of drivers' licenses
suspended and the number of suspended licenses reinstated; and
new text end

new text begin (3) for each of the previous eight calendar years, the total number of drivers' licenses
revoked and the number of revoked licenses reinstated.
new text end

new text begin (c) For purposes of paragraph (b), clauses (1), (2), and (3), the report must identify each
type of suspension or revocation authorized by statute or rule and include the number of
licenses suspended or revoked for each type.
new text end

new text begin Subd. 2. new text end

new text begin Charges, convictions, and fines. new text end

new text begin (a) Annually by February 15, the state court
administrator must report to the chairs and ranking minority members of the house of
representatives and senate committees with jurisdiction over public safety and transportation
on (1) charges and convictions for driving after suspension or revocation, and (2) payment
of fines for violations related to operation of a motor vehicle. The administrator must make
the report available on the state court's website.
new text end

new text begin (b) At a minimum, the report must include:
new text end

new text begin (1) for each of the previous eight calendar years, the number of charges under section
171.24, subdivisions 1 and 2, broken down by the charges for each subdivision and indicating
whether the court appointed the public defender to represent the defendant;
new text end

new text begin (2) for each of the previous eight calendar years, the number of convictions under section
171.24, subdivisions 1 and 2, broken down by the convictions for each subdivision and
indicating whether the court appointed the public defender to represent the defendant; and
new text end

new text begin (3) for the past calendar year, for all charges on violations related to the operation of a
motor vehicle and included on the uniform fine schedule authorized under section 609.101,
subdivision 4, the percentage of fines, broken down by whether the court appointed the
public defender to represent the defendant, which:
new text end

new text begin (i) were paid in full by the due date on the citation;
new text end

new text begin (ii) were paid in full through a payment plan;
new text end

new text begin (iii) accrued late charges;
new text end

new text begin (iv) were sent to court collections; and
new text end

new text begin (v) were sent to the Department of Revenue for collection.
new text end

Sec. 6.

new text begin [241.017] PUBLIC ACCESS TO CORRECTIONAL FACILITY
POPULATION DATA.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Corrections. new text end

new text begin The commissioner of corrections must
publish daily facility population data on the department's publicly accessible website. The
commissioner must retain daily population data on the agency's website for at least 12
months from the date it was posted.
new text end

new text begin Subd. 2. new text end

new text begin Local correctional facilities. new text end

new text begin The sheriff or chief executive officer of a local
correctional facility or juvenile detention facility must publish daily inmate population data
for the facility under the officer's control on the facility's publicly accessible website. The
sheriff or chief executive officer must retain daily population data on the facility's publicly
accessible website for at least 12 months from the date it was posted.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective 30 days after the day following final
enactment.
new text end

Sec. 7.

Minnesota Statutes 2018, section 243.53, is amended to read:

243.53 CORRECTIONAL INSTITUTIONS; OCCUPANCY LIMITS OF CELLS.

Subdivision 1.

Separate cells.

deleted text begin (a) deleted text end When there are sufficient cells available, each inmate
shall be confined in a separate cell. Each inmate shall be confined in a separate cell in
institutions classified by the commissioner as custody level five institutions.

deleted text begin (b) Correctional institutions classified by the commissioner as custody level one, two,
three, or four institutions must permit multiple occupancy, except segregation units, to the
greatest extent possible not to exceed the limits of facility infrastructure and programming
space.
deleted text end

Sec. 8.

Minnesota Statutes 2018, section 480.15, is amended by adding a subdivision to
read:

new text begin Subd. 8a. new text end

new text begin Motor vehicle charges and conviction data; report. new text end

new text begin The court administrator
shall collect, compile, and report the data on (1) charges and convictions for driving after
suspension or revocation, and (2) payment of fines for violations related to operation of a
motor vehicle, as required under section 171.325.
new text end

Sec. 9. new text begin RETROACTIVE DRIVER'S LICENSE REINSTATEMENT.
new text end

new text begin (a) The commissioner of public safety must make an individual's driver's license eligible
for reinstatement if the license is solely suspended pursuant to:
new text end

new text begin (1) Minnesota Statutes 2018, section 171.16, subdivision 2, if the person was convicted
only under Minnesota Statutes, section 171.24, subdivision 1 or 2;
new text end

new text begin (2) Minnesota Statutes 2018, section 171.16, subdivision 3;
new text end

new text begin (3) Minnesota Statutes, section 169.92, subdivision 4, if the person was charged:
new text end

new text begin (i) with an offense that is a petty misdemeanor;
new text end

new text begin (ii) under Minnesota Statutes, section 171.24, subdivision 1 or 2; or
new text end

new text begin (iii) both items (i) and (ii); or
new text end

new text begin (4) any combination of clause (1), (2), or (3).
new text end

new text begin (b) By December 1, 2020, the commissioner must provide written notice to an individual
whose license has been made eligible for reinstatement under paragraph (a), addressed to
the licensee at the licensee's last known address.
new text end

new text begin (c) Notwithstanding any law to the contrary, before the license is reinstated, an individual
whose driver's license is eligible for reinstatement under paragraph (a) must pay a
reinstatement fee of $20.
new text end

new text begin (d) The following applies for an individual who is eligible for reinstatement under
paragraph (a), clauses (1) to (4), and whose license was suspended, revoked, or canceled
under any other provision in Minnesota Statutes:
new text end

new text begin (1) the suspension, revocation, or cancellation under any other provision in Minnesota
Statutes remains in effect;
new text end

new text begin (2) subject to clause (1), the individual may become eligible for reinstatement under
paragraph (a), clauses (1) to (4); and
new text end

new text begin (3) the commissioner is not required to send the notice described in paragraph (b).
new text end

new text begin (e) Paragraph (a) applies notwithstanding Minnesota Statutes 2018, sections 169.92,
subdivision 4; 171.16, subdivision 2 or 3; or any other law to the contrary.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
new text end

Sec. 10. new text begin TEMPORARY EMERGENCY POWER; COMMISSIONER OF
CORRECTIONS; EARLY CONDITIONAL RELEASE FOR CERTAIN
NONVIOLENT OFFENDERS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin The powers granted in this section apply beginning on
the date a peacetime public health emergency is declared by the governor pursuant to
Minnesota Statutes, section 12.31, in response to a potential or actual outbreak of COVID-19.
The powers expire when the declaration of the peacetime public health emergency expires.
For purposes of this section, "peacetime public health emergency" means any peacetime
emergency declared by the governor in an executive order that relates to the infectious
disease known as COVID-19.
new text end

new text begin Subd. 2. new text end

new text begin Temporary powers granted; limitations. new text end

new text begin The commissioner of corrections
is granted temporary powers described and limited by this section to protect the health and
safety of state and local correctional employees and inmates as well as the public. The
temporary powers granted to the commissioner in this section may only be used to prepare
for, prevent, or respond to an outbreak of COVID-19.
new text end

new text begin Subd. 3. new text end

new text begin Expanded authority to grant conditional release to certain nonviolent
offenders. new text end

new text begin (a) Notwithstanding any law to the contrary, the commissioner may place an
eligible inmate who has 180 days or less to serve in the inmate's term of imprisonment on
conditional release. The commissioner may not grant conditional release under this
subdivision to an inmate who is serving a sentence for a crime of violence as that term is
defined in paragraph (e). The commissioner must give priority for conditional release under
this subdivision to inmates who are most likely to suffer serious illness or death from
COVID-19 according to current guidelines published by the United States Center for Disease
Control.
new text end

new text begin (b) Before the commissioner releases an inmate under the authority granted in this
subdivision, the commissioner must:
new text end

new text begin (1) prepare a release plan that meets current agency standards and that also:
new text end

new text begin (i) requires the inmate to report to the inmate's supervised release agent if the inmate
tests positive for the COVID-19 virus; and
new text end

new text begin (ii) includes the names and approximate ages of persons residing in the inmate's
designated residence and identifies residents with preexisting medical conditions; and
new text end

new text begin (2) complete the notification process, including notice to victims who requested notice
of the inmate's release.
new text end

new text begin (c) The commissioner may direct that an inmate released under this section meet with
the inmate's supervised release agent by telephone or video conference.
new text end

new text begin (d) The supervised release agent of an inmate released under this subdivision must
immediately notify the commissioner if the agent learns that the inmate tested positive for
COVID-19.
new text end

new text begin (e) The conditions of release granted under this section are governed by the statutes and
rules governing supervised release, except that release may be rescinded without hearing
by the commissioner if the commissioner determines that continuation of the conditional
release poses a danger to the public or to an individual. If the commissioner rescinds an
offender's conditional release, the offender shall be returned to prison and shall serve the
remaining portion of the offender's term of imprisonment.
new text end

new text begin (f) The conditional release authority granted in this subdivision is in addition to any
other conditional release authority granted to the commissioner.
new text end

new text begin (g) For purposes of this subdivision, "crime of violence" means: felony convictions of
the following offenses: Minnesota Statutes, sections 609.185 (murder in the first degree);
609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.20
(manslaughter in the first degree); 609.205 (manslaughter in the second degree); 609.215
(aiding suicide and aiding attempted suicide); 609.221 (assault in the first degree); 609.222
(assault in the second degree); 609.223 (assault in the third degree); 609.2231 (assault in
the fourth degree); 609.224 (assault in the fifth degree); 609.2242 (domestic assault);
609.2247 (domestic assault by strangulation); 609.229 (crimes committed for the benefit
of a gang); 609.235 (use of drugs to injure or facilitate crime); 609.24 (simple robbery);
609.245 (aggravated robbery); 609.25 (kidnapping); 609.255 (false imprisonment); 609.322
(solicitation, inducement, and promotion of prostitution; sex trafficking); 609.342 (criminal
sexual conduct in the first degree); 609.343 (criminal sexual conduct in the second degree);
609.344 (criminal sexual conduct in the third degree); 609.345 (criminal sexual conduct in
the fourth degree); 609.377 (malicious punishment of a child); 609.378 (neglect or
endangerment of a child); 609.486 (commission of crime while wearing or possessing a
bullet-resistant vest); 609.52 (involving theft of a firearm and theft involving the theft of a
controlled substance, an explosive, or an incendiary device); 609.561 (arson in the first
degree); 609.562 (arson in the second degree); 609.582, subdivision 1 or 2 (burglary in the
first and second degrees); 609.66, subdivision 1e (drive-by shooting); 609.67 (unlawfully
owning, possessing, operating a machine gun or short-barreled shotgun); 609.71 (riot);
609.713 (terroristic threats); 609.749 (harassment); 609.855, subdivision 5 (shooting at a
public transit vehicle or facility); and an attempt to commit any of these offenses.
new text end

new text begin Subd. 4. new text end

new text begin Reports. new text end

new text begin The commissioner shall submit the following reports to the members
of the legislative committees and divisions with jurisdiction over corrections policy and
finance regarding the temporary powers that were exercised under this section:
new text end

new text begin (1) within 30 days of the expiration of the declaration of the peacetime public health
emergency, the commissioner shall submit a report that must include, at a minimum, a
timeline as to when temporary powers were exercised and an explanation as to why the
exercise of temporary powers was necessary; and
new text end

new text begin (2) within 180 days of the expiration of the declaration of the peacetime public health
emergency, the commissioner shall submit a report that must include, at a minimum,
aggregate data on the number of inmates who were granted conditional release, committed
a new offense, were reincarcerated for a technical violation, and tested positive for
COVID-19.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 11. new text begin SARS-COV-2 TESTING OF PUBLIC SAFETY SPECIALISTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the definitions provided.
new text end

new text begin (b) "Public safety specialist" includes:
new text end

new text begin (1) a peace officer defined in Minnesota Statutes, section 626.84, subdivision 1, paragraph
(c) or (d);
new text end

new text begin (2) a correction officer employed at a correctional facility and charged with maintaining
the safety, security, discipline, and custody of inmates at the facility;
new text end

new text begin (3) an individual employed on a full-time basis by the state or by a fire department of a
governmental subdivision of the state, who is engaged in any of the following duties:
new text end

new text begin (i) firefighting;
new text end

new text begin (ii) emergency motor vehicle operation;
new text end

new text begin (iii) investigation into the cause and origin of fires;
new text end

new text begin (iv) the provision of emergency medical services; or
new text end

new text begin (v) hazardous material responder;
new text end

new text begin (4) a legally enrolled member of a volunteer fire department or member of an independent
nonprofit firefighting corporation who is engaged in the hazards of firefighting;
new text end

new text begin (5) a probation officer, supervised release agent, or other qualified person employed in
supervising offenders;
new text end

new text begin (6) a reserve police officer or a reserve deputy sheriff while acting under the supervision
and authority of a political subdivision;
new text end

new text begin (7) a driver or attendant with a licensed basic or advanced life-support transportation
service who is engaged in providing emergency care;
new text end

new text begin (8) a first responder who is certified by the Emergency Medical Services Regulatory
Board to perform basic emergency skills before the arrival of a licensed ambulance service
and who is a member of an organized service recognized by a local political subdivision to
respond to medical emergencies to provide initial medical care before the arrival of an
ambulance;
new text end

new text begin (9) a person, other than a state trooper, employed by the commissioner of public safety
and assigned to the State Patrol, whose primary employment duty is either Capitol security
or the enforcement of commercial motor vehicle laws and regulations; and
new text end

new text begin (10) domestic abuse and victim advocates.
new text end

new text begin (c) "Health care provider" means a physician licensed under Minnesota Statutes, chapter
147, a physician assistant licensed under Minnesota Statutes, chapter 147A, and practicing
within the authorized scope of practice, an advanced practice registered nurse licensed under
Minnesota Statutes, chapter 148, and practicing within the authorized scope of practice, or
a health care facility licensed under Minnesota Statutes, chapter 144 or 144A.
new text end

new text begin (d) "SARS-CoV-2" means the infectious virus known as SARS-CoV-2.
new text end

new text begin Subd. 2. new text end

new text begin Testing. new text end

new text begin When a health care provider tests a public safety specialist for
SARS-CoV-2, the health care provider shall notify the public safety specialist of whether
the person has tested positive or negative for SARS-CoV-2 as soon as possible.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 12. new text begin LOCAL MATCH TEMPORARILY SUSPENDED FOR YOUTH
INTERVENTION PROGRAM GRANTS.
new text end

new text begin (a) The local match requirement in Minnesota Statutes, section 299A.73, subdivision 2,
does not apply to the portion of any grants made under that section in calendar year 2020
if:
new text end

new text begin (1) the Office of Justice Programs awarded the grant on or before March 13, 2020; and
new text end

new text begin (2) the nonprofit agency administering the youth intervention program suspended or
severely limited its program or activities as a result of the peacetime emergency declared
on March 13, 2020, in governor's Executive Order 20-01 and any extensions authorized
under Minnesota Statutes, section 12.31, subdivision 2, or the stay at home order issued on
March 25, 2020, in governor's Executive Order 20-20 and any modifications to that order.
new text end

new text begin (b) By February 1, 2021, the Office of Justice Programs must report to the chairs and
ranking minority members of the senate and house of representatives committees and
divisions having jurisdiction over public safety on the number of nonprofit agencies
administering a youth intervention program that met the local match requirement and the
number that were unable to do so due to the conditions described in paragraph (a), clause
(2).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end