HF 4922

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/25/2024 04:28pm

A bill for an act
relating to public safety; establishing secondary offenses for vehicle equipment
violations; proposing coding for new law in Minnesota Statutes, chapter 169.

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

Section 1.

new text begin [169.984] VEHICLE EQUIPMENT SECONDARY OFFENSES.
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 meanings given.
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new text begin (b) "Mandatory secondary offense" means any violation of the following sections:
new text end

new text begin (1) 168.09, subdivision 1, including failure to display registration tabs and driving with
expired registration tabs;
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new text begin (2) 169.50, subdivision 2, including failure to illuminate a license plate;
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new text begin (3) 169.69, including failure to equip the vehicle with a muffler in good working order;
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new text begin (4) 169.693, including exceeding motor vehicle noise limits;
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new text begin (5) 169.70, including driving without a rearview mirror and driving with an obstructed
rearview mirror;
new text end

new text begin (6) 169.71, subdivision 1, paragraph (a), clause (2), including driving with an item
dangling from the rearview mirror;
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new text begin (7) 169.71, subdivision 1, paragraph (a), clause (3), including driving with a poster in a
window;
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new text begin (8) 169.71, subdivision 2, including driving without working windshield wipers;
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new text begin (9) 169.71, subdivision 4, including driving with window tint that does not comply with
Minnesota law;
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new text begin (10) 169.79, subdivision 7, including improperly obscuring a license plate with a rim or
frame; or
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new text begin (11) 169.79, subdivision 8, including improperly displaying license plate registration
stickers.
new text end

new text begin (c) "Presumptive secondary offense" means any violation of the following sections:
new text end

new text begin (1) 169.47, subdivision 1, paragraph (a), including driving a vehicle which is in an unsafe
condition or which has unsafe parts or equipment;
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new text begin (2) 169.49; 169.50; 169.55, subdivision 1; 169.57, subdivision 1, paragraph (a); 169.57,
subdivisions 2 and 3; or 169.63, paragraph (a), including driving with only one functioning
and visible headlight, brake light, or taillight and failure to signal a lane change or a turn,
unless the driver is operating a vehicle in an unsafe manner or creating an imminent safety
hazard; or
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new text begin (3) 169.71, subdivision 1, paragraph (a), clause (1), including driving with a cracked
windshield unless it creates an imminent safety hazard.
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new text begin Subd. 2. new text end

new text begin Statement of reason for a traffic stop; duration. new text end

new text begin (a) A peace officer making
a traffic stop, before engaging in questioning related to a criminal investigation or traffic
violation, must state the reason for the stop. The officer must document the reason for the
stop on any citation or police report resulting from the stop.
new text end

new text begin (b) Paragraph (a) does not apply when the officer reasonably believes that withholding
the reason for the stop is necessary to protect life or property from imminent threat of harm,
including but not limited to cases of terrorism or kidnapping.
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new text begin (c) The officer must strive to conclude the stop within 25 minutes of initiating contact
with the operator of the motor vehicle.
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new text begin Subd. 3. new text end

new text begin Mandatory secondary offenses. new text end

new text begin (a) A peace officer may not stop or detain
the operator of a motor vehicle for a mandatory secondary offense and may not issue a
citation for a mandatory secondary offense unless:
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new text begin (1) the officer lawfully stopped or detained the operator of the motor vehicle for a moving
violation that was not related to the operation or maintenance of the vehicle's equipment;
or
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new text begin (2) the motor vehicle was unoccupied.
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new text begin (b) This subdivision does not apply to a commercial motor vehicle.
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new text begin Subd. 4. new text end

new text begin Presumptive secondary offenses. new text end

new text begin (a) A peace officer may not stop or detain
the operator of a motor vehicle for a presumptive secondary offense and may not issue a
citation for a presumptive secondary offense unless:
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new text begin (1) the officer lawfully stopped or detained the operator of the motor vehicle for a moving
violation that was not related to operation or maintenance of the vehicle's equipment;
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new text begin (2) the motor vehicle was unoccupied; or
new text end

new text begin (3) as otherwise provided for in this subdivision.
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new text begin (b) A peace officer may stop or detain an operator of a motor vehicle for a presumptive
secondary offense when the officer has reasonable and articulable suspicion that the operator
has committed a presumptive secondary offense and the violation creates a substantial,
identifiable risk to human life or an imminent safety hazard. An operator who commits a
presumptive secondary offense does not necessarily create a substantial, identifiable risk
to human life or an imminent safety hazard, and law enforcement agencies must require the
officer to determine whether the operator created a substantial, identifiable risk to human
life or an imminent safety hazard based on the totality of the circumstances.
new text end

new text begin (c) When a peace officer stops or detains the operator of a motor vehicle under paragraph
(b), law enforcement agencies must require the officer to document the substantial,
identifiable risk to human life or the imminent safety hazard on body-worn camera or squad
camera footage and in the police report.
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new text begin (d) This subdivision does not apply to a commercial motor vehicle.
new text end

new text begin Subd. 5. new text end

new text begin Warning letter. new text end

new text begin If an officer does not have grounds to stop a motor vehicle or
detain the operator of a motor vehicle for a mandatory secondary offense or a presumptive
secondary offense and the officer can identify the owner of the motor vehicle, the officer's
law enforcement agency may send a letter to the owner of the motor vehicle identifying the
violation and instructing the owner to correct the defect or otherwise remedy the violation.
new text end