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HF 4513

as introduced - 90th Legislature (2017 - 2018) Posted on 05/16/2018 10:03am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public safety; expanding motor vehicle plate impoundment violation
to include registered predatory offenders; amending Minnesota Statutes 2016,
section 243.166, by adding a subdivision; Minnesota Statutes 2017 Supplement,
sections 169A.60, subdivision 1; 609B.235, subdivision 2.

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

Section 1.

Minnesota Statutes 2017 Supplement, section 169A.60, subdivision 1, is
amended to read:


Subdivision 1.

Definitions.

(a) As used in this section, the following terms have the
meanings given in this subdivision.

(b) "Family or household member" has the meaning given in section 169A.63, subdivision
1
.

(c) "Motor vehicle" means a self-propelled motor vehicle other than a motorboat in
operation or an off-road recreational vehicle.

(d) "Plate impoundment violation" includes:

(1) a violation of section 169A.20 (driving while impaired), 169A.52 (license revocation
for test failure or refusal), or 171.177 (revocation; search warrant), or an ordinance from
this state or a statute or ordinance from another state in conformity with any of those sections,
that results in the revocation of a person's driver's license or driving privileges, within ten
years of a qualified prior impaired driving incident;

(2) a license disqualification under section 171.165 (commercial driver's license
disqualification) resulting from a violation of section 169A.52 or 171.177 within ten years
of a qualified prior impaired driving incident;

(3) a violation of section 169A.20, 169A.52, or 171.177 while having an alcohol
concentration of twice the legal limit or more as measured at the time, or within two hours
of the time, of the offense;

(4) a violation of section 169A.20, 169A.52, or 171.177 while having a child under the
age of 16 in the vehicle if the child is more than 36 months younger than the offender; deleted text begin or
deleted text end

(5) a violation of section 171.24 (driving without valid license) by a person whose driver's
license or driving privileges have been canceled or denied under section 171.04, subdivision
1
, clause (10) (persons not eligible for driver's license, inimical to public safety)deleted text begin .deleted text end new text begin ; or
new text end

new text begin (6) an order to register under section 243.166, subdivision 1b, resulting from a violation
listed in that subdivision.
new text end

(e) "Violator" means a person who was driving, operating, or in physical control of the
motor vehicle when the plate impoundment violation occurrednew text begin , except that for a violation
under paragraph (d), clause (6), "violator" means a person required to register under section
243.166, subdivision 1b
new text end .

Sec. 2.

Minnesota Statutes 2016, section 243.166, is amended by adding a subdivision to
read:


new text begin Subd. 1c. new text end

new text begin Plate impoundment. new text end

new text begin A person required to register under this section must be
charged with a plate impoundment under section 169A.60, and, if the person required to
register applies for new registration plates, the commissioner of public safety must issue
special registration plates under section 169A.60, subdivision 13.
new text end

Sec. 3.

Minnesota Statutes 2017 Supplement, section 609B.235, subdivision 2, is amended
to read:


Subd. 2.

Plate impoundment.

When a person is arrested for or charged with a plate
impoundment violation, the commissioner of public safety may issue an impoundment
order. Under section 169A.60, subdivision 1, paragraph (d), "plate impoundment violation"
includes:

(1) a violation of section 169A.20, 169A.52, or 171.177 resulting in revocation of a
person's driver's license within ten years of a qualified prior impaired driving incident;

(2) a license disqualification under section 171.165 resulting from violation of section
169A.52 or 171.177 within ten years of a qualified prior impaired driving incident;

(3) a violation of section 169A.20, 169A.52, or 171.177 while having an alcohol
concentration of 0.20 percent or more measured at the time or within two hours of the time
of offense;

(4) a violation of section 169A.20, 169A.52, or 171.177 while having a child under the
age of 16 in the vehicle if the child is more than 36 months younger than the offender; deleted text begin or
deleted text end

(5) a violation of section 171.241 by a person whose driver's license has been canceled
under section 171.04, subdivision 1, clause (10), inimical to public safetydeleted text begin .deleted text end new text begin ; or
new text end

new text begin (6) an order to register as a predatory offender under section 243.166, subdivision 1b,
resulting from a violation listed in that subdivision.
new text end