HF 410

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; providing penalties for 
  1.3             recreational motor vehicle operators who attempt to 
  1.4             flee a peace officer; providing criminal penalties; 
  1.5             amending Minnesota Statutes 1996, sections 84.873; 
  1.6             84.88, subdivision 2; and 84.90, subdivisions 1, 7, 
  1.7             and by adding a subdivision. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 84.873, is 
  1.10  amended to read: 
  1.11     84.873 [SIGNAL FROM OFFICER TO STOP.] 
  1.12     It is unlawful for a snowmobile operator, after having 
  1.13  received a visual or audible signal from any law enforcement 
  1.14  officer to come to a stop, to (a) (1) operate a snowmobile in 
  1.15  willful or wanton disregard of such signal, or (b) (2) interfere 
  1.16  with or endanger the law enforcement officer or any other person 
  1.17  or vehicle, or (c) increase speed or attempt to flee or elude 
  1.18  the officer.  
  1.19     Sec. 2.  Minnesota Statutes 1996, section 84.88, 
  1.20  subdivision 2, is amended to read: 
  1.21     Subd. 2.  A person registered as owner of a snowmobile may 
  1.22  be fined not to exceed $300 if a snowmobile bearing the person's 
  1.23  registration number is operated contrary to the provisions of 
  1.24  sections 84.81 to 84.88, 84.90, subdivision 8, or 97B.091.  The 
  1.25  registered owner may not be so fined if (a) the snowmobile was 
  1.26  reported as stolen to the commissioner or a law enforcement 
  2.1   agency at the time of the alleged unlawful act, or if (b) the 
  2.2   registered owner demonstrates that the snowmobile either was 
  2.3   stolen or was not in use at the time of the alleged unlawful 
  2.4   act, or if (c) the registered owner furnishes to law enforcement 
  2.5   officers upon request the identity of the person in actual 
  2.6   physical control of the snowmobile at the time of such 
  2.7   violation.  The provisions of this subdivision do not apply to 
  2.8   any person who rents or leases a snowmobile if such person keeps 
  2.9   a record of the name and address of the person or persons 
  2.10  renting or leasing such snowmobile, the registration number 
  2.11  thereof, the departure date and time, and expected time of 
  2.12  return thereof.  Such record shall be preserved for at least six 
  2.13  months and shall be prima facie evidence that the person named 
  2.14  therein was the operator thereof at the time it was operated 
  2.15  contrary to sections 84.81 to 84.88, or 97B.091.  The provisions 
  2.16  of this subdivision do not prohibit or limit the prosecution of 
  2.17  a snowmobile operator for violating any of the sections referred 
  2.18  to in this subdivision. 
  2.19     Sec. 3.  Minnesota Statutes 1996, section 84.90, 
  2.20  subdivision 1, is amended to read: 
  2.21     Subdivision 1.  [DEFINITIONS.] (a) For the purposes of this 
  2.22  section the following terms have the meanings given them:  
  2.23  (a), "recreational motor vehicle" means any self-propelled 
  2.24  vehicle and any vehicle propelled or drawn by a self-propelled 
  2.25  vehicle used for recreational purposes, including but not 
  2.26  limited to:  
  2.27     (1) an off-highway motorcycle, as defined under section 
  2.28  84.787; 
  2.29     (2) an off-road vehicle, as defined under section 84.797; 
  2.30     (3) a snowmobile, trail bike as defined under section 
  2.31  84.81; 
  2.32     (4) an all-terrain vehicle, as defined under section 84.92; 
  2.33  or 
  2.34     (5) any other all-terrain vehicle, hovercraft, or motor 
  2.35  vehicle licensed for highway operation which is being used for 
  2.36  off-road recreational purposes.  (b) "Snowmobile" has the same 
  3.1   meaning given by section 84.81, subdivision 3.  
  3.2      (b) For the purposes of this section, "flee" means to 
  3.3   increase speed, extinguish headlights or taillights, or use 
  3.4   other means with intent to attempt to elude a peace officer 
  3.5   following a signal given by a peace officer to the operator of a 
  3.6   recreational motor vehicle. 
  3.7      (c) For the purpose of this section, "peace officer" has 
  3.8   the meaning given in section 609.487, subdivision 2. 
  3.9      Sec. 4.  Minnesota Statutes 1996, section 84.90, 
  3.10  subdivision 7, is amended to read: 
  3.11     Subd. 7.  [PENALTY.] Except as provided in subdivision 8, a 
  3.12  person violating the provisions of this section is guilty of a 
  3.13  misdemeanor.  
  3.14     Sec. 5.  Minnesota Statutes 1996, section 84.90, is amended 
  3.15  by adding a subdivision to read: 
  3.16     Subd. 8.  [FLEEING A PEACE OFFICER.] (a) It is a violation 
  3.17  of section 609.487, subdivision 3, to flee or attempt to flee by 
  3.18  means of a recreational motor vehicle from a peace officer who 
  3.19  is acting in the lawful discharge of an official duty, when the 
  3.20  recreational motor vehicle operator knows or should reasonably 
  3.21  know the same to be a peace officer. 
  3.22     (b) It is a violation of section 609.487, subdivision 4, to 
  3.23  flee or attempt to flee by means of a recreational motor vehicle 
  3.24  from a peace officer who is acting in the lawful discharge of an 
  3.25  official duty, when the recreational motor vehicle operator 
  3.26  knows or should reasonably know the same to be a peace officer 
  3.27  and when, in the course of fleeing, the recreational motor 
  3.28  vehicle operator causes the death of a human being not 
  3.29  constituting murder or manslaughter or causes any bodily injury 
  3.30  to a person other than the recreational motor vehicle operator.