HF 351

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crime; establishing a felony level driving 
  1.3             while impaired offense; amending Minnesota Statutes 
  1.4             2000, sections 169A.03, by adding a subdivision; 
  1.5             169A.20, subdivision 3; 169A.25; 169A.26; 169A.27; 
  1.6             169A.275, subdivisions 3 and 5; 169A.283, subdivision 
  1.7             1; 169A.40, subdivision 3; and 169A.63, subdivision 1; 
  1.8             proposing coding for new law in Minnesota Statutes, 
  1.9             chapters 8; and 169A; repealing Minnesota Statutes 
  1.10            2000, section 169A.275, subdivision 4. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  [8.015] [CHARGES TO COUNTY.] 
  1.13     The attorney general must bill a county for the cost of 
  1.14  services the attorney general provides to a county in a 
  1.15  first-degree driving while impaired case under section 169A.24.  
  1.16  Money received by the attorney general under this section must 
  1.17  be deposited in the general fund. 
  1.18     Sec. 2.  Minnesota Statutes 2000, section 169A.03, is 
  1.19  amended by adding a subdivision to read: 
  1.20     Subd. 7a.  [FELONY.] "Felony" means a crime for which a 
  1.21  person may be sentenced to imprisonment for not more than seven 
  1.22  years, or to payment of a fine of not more than $14,000, or both.
  1.23     Sec. 3.  Minnesota Statutes 2000, section 169A.20, 
  1.24  subdivision 3, is amended to read: 
  1.25     Subd. 3.  [SENTENCE.] A person who violates this section 
  1.26  may be sentenced as provided in section 169A.24 (first-degree 
  1.27  driving while impaired), 169A.25 (first-degree second-degree 
  1.28  driving while impaired), 169A.26 (second-degree third-degree 
  2.1   driving while impaired), or 169A.27 (third-degree fourth-degree 
  2.2   driving while impaired). 
  2.3      Sec. 4.  [169A.24] [FIRST-DEGREE DRIVING WHILE IMPAIRED.] 
  2.4      Subdivision 1.  [DEGREE DESCRIBED.] A person who violates 
  2.5   section 169A.20 (driving while impaired) is guilty of 
  2.6   first-degree driving while impaired if the person: 
  2.7      (1) commits the violation within ten years of the first of 
  2.8   three or more prior impaired driving convictions; or 
  2.9      (2) has previously been convicted of a felony under this 
  2.10  section. 
  2.11     Subd. 2.  [CRIMINAL PENALTY.] A person who commits 
  2.12  first-degree driving while impaired is guilty of a felony and 
  2.13  may be sentenced to imprisonment for not more than seven years, 
  2.14  or to payment of a fine of not more than $14,000, or both.  The 
  2.15  person is subject to the mandatory penalties described in 
  2.16  section 169A.276. 
  2.17     Sec. 5.  Minnesota Statutes 2000, section 169A.25, is 
  2.18  amended to read: 
  2.19     169A.25 [FIRST-DEGREE SECOND-DEGREE DRIVING WHILE 
  2.20  IMPAIRED.] 
  2.21     Subdivision 1.  [DEGREE DESCRIBED.] A person who violates 
  2.22  section 169A.20 (driving while impaired) is guilty of 
  2.23  first-degree second-degree driving while impaired if two or more 
  2.24  aggravating factors were present when the violation was 
  2.25  committed. 
  2.26     Subd. 2.  [CRIMINAL PENALTY.] First-degree Second-degree 
  2.27  driving while impaired is a gross misdemeanor.  The mandatory 
  2.28  penalties described in section 169A.275 and the long-term 
  2.29  monitoring described in section 169A.277 may be applicable. 
  2.30     Sec. 6.  Minnesota Statutes 2000, section 169A.26, is 
  2.31  amended to read: 
  2.32     169A.26 [SECOND-DEGREE THIRD-DEGREE DRIVING WHILE 
  2.33  IMPAIRED.] 
  2.34     Subdivision 1.  [DEGREE DESCRIBED.] A person who violates 
  2.35  section 169A.20 (driving while impaired) is guilty of 
  2.36  second-degree third-degree driving while impaired if one 
  3.1   aggravating factor was present when the violation was committed. 
  3.2      Subd. 2.  [CRIMINAL PENALTY.] Second-degree Third-degree 
  3.3   driving while impaired is a gross misdemeanor.  The mandatory 
  3.4   penalties described in section 169A.275 and the long-term 
  3.5   monitoring described in section 169A.277 may be applicable. 
  3.6      Sec. 7.  Minnesota Statutes 2000, section 169A.27, is 
  3.7   amended to read: 
  3.8      169A.27 [THIRD-DEGREE FOURTH-DEGREE DRIVING WHILE 
  3.9   IMPAIRED.] 
  3.10     Subdivision 1.  [DEGREE DESCRIBED.] A person who violates 
  3.11  section 169A.20 (driving while impaired) is guilty of 
  3.12  third-degree fourth-degree driving while impaired. 
  3.13     Subd. 2.  [CRIMINAL PENALTY.] Third-degree Fourth-degree 
  3.14  driving while impaired is a misdemeanor. 
  3.15     Sec. 8.  Minnesota Statutes 2000, section 169A.275, 
  3.16  subdivision 3, is amended to read: 
  3.17     Subd. 3.  [FOURTH OFFENSE.] (a) Except as otherwise 
  3.18  provided in section 169A.276, the court shall sentence a person 
  3.19  who is convicted of a violation of section 169A.20 (driving 
  3.20  while impaired) within ten years of the first of three qualified 
  3.21  prior impaired driving incidents to either: 
  3.22     (1) a minimum of 180 days of incarceration, at least 30 
  3.23  days of which must be served consecutively in a local 
  3.24  correctional facility; or 
  3.25     (2) a program of intensive supervision of the type 
  3.26  described in section 169A.74 (pilot programs of intensive 
  3.27  probation for repeat DWI offenders) that requires the person to 
  3.28  consecutively serve at least six days in a local correctional 
  3.29  facility. 
  3.30     (b) The court may order that the person serve not more than 
  3.31  150 days of the minimum penalty under paragraph (a), clause (1), 
  3.32  on home detention or in an intensive probation program described 
  3.33  in section 169A.74.  Notwithstanding section 609.135, the 
  3.34  penalties in this subdivision must be imposed and executed. 
  3.35     Sec. 9.  Minnesota Statutes 2000, section 169A.275, 
  3.36  subdivision 5, is amended to read: 
  4.1      Subd. 5.  [LEVEL OF CARE RECOMMENDED IN CHEMICAL USE 
  4.2   ASSESSMENT.] In addition to other penalties required under this 
  4.3   section, the court shall order a person to submit to the level 
  4.4   of care recommended in the chemical use assessment conducted 
  4.5   under section 169A.70 (alcohol safety program; chemical use 
  4.6   assessments) if the person is convicted of violating section 
  4.7   169A.20 (driving while impaired) while having an alcohol 
  4.8   concentration of 0.20 or more as measured at the time, or within 
  4.9   two hours of the time, of the offense or if the violation occurs 
  4.10  within ten years of one or more, two, or three qualified prior 
  4.11  impaired driving incidents. 
  4.12     Sec. 10.  [169A.276] [MANDATORY PENALTIES; FELONY 
  4.13  VIOLATIONS.] 
  4.14     Subdivision 1.  [MANDATORY PRISON SENTENCE.] (a) The court 
  4.15  shall sentence a person convicted of violating section 169A.20 
  4.16  (driving while impaired) under the circumstances described in 
  4.17  section 169A.24 (first-degree driving while impaired) to 
  4.18  imprisonment for not less than three years.  In addition, the 
  4.19  court may order the person to pay a fine of not more than 
  4.20  $14,000.  
  4.21     (b) The court may stay execution of this mandatory sentence 
  4.22  as provided in subdivision 2, but may not stay imposition of the 
  4.23  sentence or impose a sentence that has a duration of less than 
  4.24  three years. 
  4.25     (c) When the court imposes an executed sentence under this 
  4.26  subdivision, it shall require the commissioner of corrections to 
  4.27  release the person from prison before completion of two-thirds 
  4.28  of the prison sentence if the person: 
  4.29     (1) has served at least one-third of the prison sentence, 
  4.30  plus any disciplinary confinement time imposed for violating the 
  4.31  commissioner's rules or orders; and 
  4.32     (2) has successfully completed a chemical dependency 
  4.33  treatment program while in prison.  The chemical dependency 
  4.34  treatment program shall meet the licensing standards contained 
  4.35  in sections 245A.01 to 245A.06. 
  4.36     (d) The court also shall provide that the commissioner may 
  5.1   release the person up to 60 days before having served one-third 
  5.2   of the prison sentence if the commissioner places the person in 
  5.3   a work release program administered or approved by the 
  5.4   commissioner. 
  5.5      (e) A person who is granted early release under this 
  5.6   subdivision shall serve the entire conditional release term 
  5.7   imposed under paragraph (f). 
  5.8      (f) Notwithstanding the statutory maximum sentence provided 
  5.9   in section 169A.24, when the court imposes an executed sentence 
  5.10  under this subdivision, it shall provide that after the person 
  5.11  has been released from prison the commissioner of corrections 
  5.12  shall place the person on conditional release for five years.  
  5.13  The commissioner shall impose any conditions of release that the 
  5.14  commissioner deems appropriate including, but not limited to, 
  5.15  successful completion of an intensive probation program as 
  5.16  described in section 169A.74 (pilot programs of intensive 
  5.17  probation for repeat DWI offenders).  If the person fails to 
  5.18  comply with any condition of release, the commissioner may 
  5.19  revoke the person's conditional release and order the person to 
  5.20  serve all or part of the remaining portion of the conditional 
  5.21  release term in prison.  The commissioner may not dismiss the 
  5.22  person from supervision before the conditional release term 
  5.23  expires. 
  5.24     Subd. 2.  [STAY OF MANDATORY SENTENCE.] The provisions of 
  5.25  section 169A.283 apply if the court stays execution of the 
  5.26  sentence under subdivision 1. 
  5.27     Subd. 3.  [DRIVER'S LICENSE REVOCATION; NO STAY PERMITTED.] 
  5.28  The court may not stay the execution of the driver's license 
  5.29  revocation provisions of section 169A.54 (impaired driving 
  5.30  convictions and adjudications; administrative penalties). 
  5.31     Sec. 11.  Minnesota Statutes 2000, section 169A.283, 
  5.32  subdivision 1, is amended to read: 
  5.33     Subdivision 1.  [STAY AUTHORIZED.] Except as otherwise 
  5.34  provided in section sections 169A.275 (mandatory penalties; 
  5.35  nonfelony violations) and 169A.276 (mandatory penalties; felony 
  5.36  violations), when a court sentences a person convicted of a 
  6.1   violation of section 169A.20 (driving while impaired), the court 
  6.2   may stay execution of the criminal sentence described in section 
  6.3   169A.25 169A.24 (first-degree driving while impaired), 169A.26 
  6.4   169A.25 (second-degree driving while impaired), or 169A.27 
  6.5   169A.26 (third-degree driving while impaired), or 169A.27 
  6.6   (fourth-degree driving while impaired) on the condition that the 
  6.7   convicted person submit to the level of care recommended in the 
  6.8   chemical use assessment report required under section 169A.70 
  6.9   (alcohol safety programs; chemical use assessments).  If the 
  6.10  court does not order a level of care in accordance with the 
  6.11  assessment report recommendation as a condition of a stay of 
  6.12  execution, it shall state on the record its reasons for not 
  6.13  following the assessment report recommendation. 
  6.14     Sec. 12.  Minnesota Statutes 2000, section 169A.40, 
  6.15  subdivision 3, is amended to read: 
  6.16     Subd. 3.  [FIRST-DEGREE AND SECOND-DEGREE DWI OFFENDERS; 
  6.17  CUSTODIAL ARREST.] Notwithstanding rule 6.01 of the Rules of 
  6.18  Criminal Procedure, a peace officer acting without a warrant who 
  6.19  has decided to proceed with the prosecution of a person for 
  6.20  violating section 169A.20 (driving while impaired), shall arrest 
  6.21  and take the person into custody if the officer has reason to 
  6.22  believe the violation occurred under the circumstances described 
  6.23  in section 169A.24 (first-degree driving while impaired) or 
  6.24  169A.25 (first-degree second-degree driving while impaired).  
  6.25  The person shall be detained until the person's first court 
  6.26  appearance. 
  6.27     Sec. 13.  Minnesota Statutes 2000, section 169A.63, 
  6.28  subdivision 1, is amended to read: 
  6.29     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
  6.30  the following terms have the meanings given them. 
  6.31     (b) "Appropriate agency" means a law enforcement agency 
  6.32  that has the authority to make an arrest for a violation of a 
  6.33  designated offense or to require a test under section 169A.51 
  6.34  (chemical tests for intoxication). 
  6.35     (c) "Designated license revocation" includes a license 
  6.36  revocation under section 169A.52 (license revocation for test 
  7.1   failure or refusal) or a license disqualification under section 
  7.2   171.165 (commercial driver's license disqualification) resulting 
  7.3   from a violation of section 169A.52; within ten years of the 
  7.4   first of two or more qualified prior impaired driving incidents. 
  7.5      (d) "Designated offense" includes: 
  7.6      (1) a violation of section 169A.20 (driving while impaired) 
  7.7   under the circumstances described in section 169A.24 
  7.8   (first-degree driving while impaired) or 169A.25 (first-degree 
  7.9   second-degree driving while impaired); or 
  7.10     (2) a violation of section 169A.20 or an ordinance in 
  7.11  conformity with it: 
  7.12     (i) by a person whose driver's license or driving 
  7.13  privileges have been canceled as inimical to public safety under 
  7.14  section 171.04, subdivision 1, clause (10); or 
  7.15     (ii) by a person who is subject to a restriction on the 
  7.16  person's driver's license under section 171.09 (commissioner's 
  7.17  license restrictions), which provides that the person may not 
  7.18  use or consume any amount of alcohol or a controlled substance. 
  7.19     (e) "Motor vehicle" and "vehicle" do not include a vehicle 
  7.20  which is stolen or taken in violation of the law. 
  7.21     (f) "Owner" means the registered owner of the motor vehicle 
  7.22  according to records of the department of public safety and 
  7.23  includes a lessee of a motor vehicle if the lease agreement has 
  7.24  a term of 180 days or more. 
  7.25     (g) "Prosecuting authority" means the attorney in the 
  7.26  jurisdiction in which the designated offense occurred who is 
  7.27  responsible for prosecuting violations of a designated offense. 
  7.28     Sec. 14.  [REPEALER.] 
  7.29     Minnesota Statutes 2000, section 169A.275, subdivision 4, 
  7.30  is repealed. 
  7.31     Sec. 15.  [EFFECTIVE DATE.] 
  7.32     This act is effective July 1, 2002, and applies to crimes 
  7.33  committed on or after that date.