Minnesota Legislature
HF 3352
as introduced - 92nd Legislature (2021 - 2022) Posted on 02/14/2022 01:57pm
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A bill for an act
relating to public safety; establishing an affirmative defense for operators of
emergency vehicles in cases involving criminal vehicular homicide or operation;
amending Minnesota Statutes 2020, sections 169.17; 169.20, subdivision 5;
609.205; 609.2112, by adding a subdivision; 609.2113, by adding a subdivision;
609.2114, by adding a subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2020, section 169.17, is amended to read:
169.17 EMERGENCY VEHICLE.
The speed limitations set forth in sections 169.14 to 169.17 do not apply to an authorized
emergency vehicle responding to an emergency call. Drivers of all emergency vehicles shall
sound an audible signal by siren and display at least one lighted red light to the front, except
that law enforcement vehicles shall sound an audible signal by siren or display at least one
lighted red light to the front. This provision does not relieve the driver of an authorized
emergency vehicle from deleted text begin the duty to drive with due regard for the safety of persons using
the street, nor does it protect the driver of an authorized emergency vehicle fromdeleted text end the
consequence of a reckless disregard of the safety of others.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022, and applies retroactively
to incidents occurring on or after July 1, 2021.
new text end
Sec. 2.
Minnesota Statutes 2020, section 169.20, subdivision 5, is amended to read:
Subd. 5.
Emergency vehicle; penalties.
(a) Upon the immediate approach of an
authorized emergency vehicle equipped with at least one lighted lamp exhibiting red light
visible under normal atmospheric conditions from a distance of 500 feet to the front of the
vehicle and, except as otherwise provided in paragraph (b), when the driver is giving audible
signal by siren, the driver of each other vehicle shall yield the right-of-way and shall
immediately drive to a position parallel to and as close as possible to the right-hand edge
or curb of the highway clear of any intersection, and shall stop and remain in this position
until the authorized emergency vehicle has passed, except when otherwise directed by a
police officer. The driver of another vehicle on a one-way roadway shall drive to the closest
edge or curb and stop.
(b) The driver of an authorized emergency vehicle escorting the movement of an oversize
or overweight vehicle or load need not sound an audible signal by siren but shall exhibit
the light required by paragraph (a). The driver of each other vehicle then shall yield the
right-of-way, as required by paragraph (a), to the emergency vehicle escorting the oversize
or overweight vehicle or load.
(c) Upon the approach of an authorized emergency vehicle the driver of each streetcar
shall immediately stop the car clear of any intersection and keep it in this position and keep
the doors and gates of the streetcar closed until the authorized emergency vehicle has passed,
except when otherwise directed by a police officer.
(d) This subdivision does not operate to relieve the driver of an authorized emergency
vehicle from the deleted text begin duty to drive with due regard for the safety of persons using the highwaysdeleted text end new text begin
consequence of a reckless disregard of the safety of othersnew text end .
(e) A driver who fails to comply with paragraph (a), (b), or (c) is guilty of a petty
misdemeanor and may be penalized according to section 169.89.
(f) A driver who intentionally obstructs an emergency vehicle or otherwise intentionally
fails to comply with paragraph (a), (b), or (c) is guilty of a misdemeanor.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022, and applies retroactively
to incidents occurring on or after July 1, 2021.
new text end
Sec. 3.
Minnesota Statutes 2020, section 609.205, is amended to read:
609.205 MANSLAUGHTER IN THE SECOND DEGREE.
new text begin (a) new text end A person who causes the death of another by any of the following means is guilty
of manslaughter in the second degree 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:
(1) by the person's culpable negligence whereby the person creates an unreasonable risk,
and consciously takes chances of causing death or great bodily harm to another; or
(2) by shooting another with a firearm or other dangerous weapon as a result of
negligently believing the other to be a deer or other animal; or
(3) by setting a spring gun, pit fall, deadfall, snare, or other like dangerous weapon or
device; or
(4) by negligently or intentionally permitting any animal, known by the person to have
vicious propensities or to have caused great or substantial bodily harm in the past, to run
uncontrolled off the owner's premises, or negligently failing to keep it properly confined;
or
(5) by committing or attempting to commit a violation of section 609.378 (neglect or
endangerment of a child), and murder in the first, second, or third degree is not committed
thereby.
new text begin
(b) It is not a gross deviation from the standard of care a reasonable person would observe
or a disregard of the risk of causing bodily harm or death to another if the operator of an
authorized emergency vehicle as defined in section 169.011, subdivision 3, enters an
intersection without yielding the right-of-way, operates the authorized emergency vehicle
without regard to the speed limitations set forth in sections 169.14 to 169.17, or both provided
the operator is:
new text end
new text begin
(1) sounding an audible signal by siren and displaying at least one lighted red light to
the front; and
new text end
new text begin
(2) responding to an emergency call or in pursuit of an actual or suspected violator.
new text end
new text begin (c) new text end If proven by a preponderance of the evidence, it shall be an affirmative defense to
criminal liability under clause (4) that the victim provoked the animal to cause the victim's
death.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022, and applies retroactively
to incidents occurring on or after July 1, 2021.
new text end
Sec. 4.
Minnesota Statutes 2020, section 609.2112, is amended by adding a subdivision
to read:
new text begin Subd. 3. new text end
new text begin Affirmative defense; emergency vehicle. new text end
new text begin
It shall be an affirmative defense to
a charge under subdivision 1, clause (1), that the defendant was:
new text end
new text begin
(1) operating an authorized emergency vehicle as defined in section 169.011, subdivision
3;
new text end
new text begin
(2) sounding an audible signal by siren and displaying at least one lighted red light to
the front; and
new text end
new text begin
(3) responding to an emergency call or in pursuit of an actual or suspected violator.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022, and applies retroactively
to incidents occurring on or after July 1, 2021.
new text end
Sec. 5.
Minnesota Statutes 2020, section 609.2113, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Affirmative defense; emergency vehicle. new text end
new text begin
It shall be an affirmative defense to
a charge under subdivisions 1, clause (1); 2, clause (1); and 3, clause (1), that the defendant
was:
new text end
new text begin
(1) operating an authorized emergency vehicle as defined in section 169.011, subdivision
3;
new text end
new text begin
(2) sounding an audible signal by siren and displaying at least one lighted red light to
the front; and
new text end
new text begin
(3) responding to an emergency call or in pursuit of an actual or suspected violator.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022, and applies retroactively
to incidents occurring on or after July 1, 2021.
new text end
Sec. 6.
Minnesota Statutes 2020, section 609.2114, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Affirmative defense; emergency vehicle. new text end
new text begin
It shall be an affirmative defense to
a charge under subdivisions 1, clause (1); and 2, clause (1), that the defendant was:
new text end
new text begin
(1) operating an authorized emergency vehicle as defined in section 169.011, subdivision
3;
new text end
new text begin
(2) sounding an audible signal by siren and displaying at least one lighted red light to
the front; and
new text end
new text begin
(3) responding to an emergency call or in pursuit of an actual or suspected violator.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022, and applies retroactively
to incidents occurring on or after July 1, 2021.
new text end