HF 902

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crimes; mandating license plate 
  1.3             impoundment and vehicle forfeiture for multiple 
  1.4             DWI-related offenses or certain offenses of driving 
  1.5             without a driver's license; amending Minnesota 
  1.6             Statutes 1994, sections 168.042, subdivision 2; and 
  1.7             169.1217, subdivision 1. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1994, section 168.042, 
  1.10  subdivision 2, is amended to read: 
  1.11     Subd. 2.  [VIOLATION; ISSUANCE OF IMPOUNDMENT ORDER.] The 
  1.12  commissioner shall issue a registration plate impoundment order 
  1.13  when: 
  1.14     (1) a person's driver's license or driving privileges are 
  1.15  revoked for a third second violation, as defined in subdivision 
  1.16  1, paragraph (c), clause (1), within five years or a fourth 
  1.17  third or subsequent violation, as defined in subdivision 1, 
  1.18  paragraph (c), clause (1), within 15 years; 
  1.19     (2) a person's driver's license or driving privileges are 
  1.20  revoked for a violation of section 169.121, subdivision 3, 
  1.21  paragraph (c), clause (4), within five years of one previous 
  1.22  violation or within 15 years of two or more previous violations, 
  1.23  as defined in subdivision 1, paragraph (c), clause (1); or 
  1.24     (3) a person is arrested for or charged with a violation 
  1.25  described in subdivision 1, paragraph (c), clause (2) or (3).  
  1.26     The order shall require the impoundment of the registration 
  2.1   plates of the vehicle involved in the violation and all vehicles 
  2.2   owned by, registered, or leased in the name of the violator, 
  2.3   including vehicles registered jointly or leased in the name of 
  2.4   the violator and another.  An impoundment order shall not be 
  2.5   issued for the registration plates of a rental vehicle as 
  2.6   defined in section 168.041, subdivision 10, or a vehicle 
  2.7   registered in another state. 
  2.8      Sec. 2.  Minnesota Statutes 1994, section 169.1217, 
  2.9   subdivision 1, is amended to read: 
  2.10     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  2.11  following terms have the meanings given them: 
  2.12     (a) "Appropriate authority" means a law enforcement agency 
  2.13  that has the authority to make an arrest for a violation of a 
  2.14  designated offense. 
  2.15     (b) "Designated offense" includes a violation of section 
  2.16  169.121, an ordinance in conformity with it, or 169.129: 
  2.17     (1) within five years of three two prior driving under the 
  2.18  influence convictions or three two prior license revocations 
  2.19  based on separate incidents; 
  2.20     (2) within 15 years of the first of four three or more 
  2.21  prior driving under the influence convictions or the first 
  2.22  of four three or more prior license revocations based on 
  2.23  separate incidents; 
  2.24     (3) by a person whose driver's license or driving 
  2.25  privileges have been canceled under section 171.04, subdivision 
  2.26  1, clause (8); or 
  2.27     (4) by a person who is subject to a restriction on the 
  2.28  person's driver's license under section 171.09 which provides 
  2.29  that the person may not use or consume any amount of alcohol or 
  2.30  a controlled substance. 
  2.31     "Designated offense" also includes a violation of section 
  2.32  169.121, subdivision 3, paragraph (c), clause (4): 
  2.33     (1) within five years of two a prior driving under the 
  2.34  influence convictions conviction or two a prior license 
  2.35  revocations revocation based on separate incidents; or 
  2.36     (2) within 15 years of the first of three two or more prior 
  3.1   driving under the influence convictions or the first of three 
  3.2   two or more prior license revocations based on separate 
  3.3   incidents. 
  3.4      (c) "Motor vehicle" and "vehicle" have the meaning given 
  3.5   "motor vehicle" in section 169.121, subdivision 11.  The terms 
  3.6   do not include a vehicle which is stolen or taken in violation 
  3.7   of the law. 
  3.8      (d) "Owner" means the registered owner of the motor vehicle 
  3.9   according to records of the department of public safety and 
  3.10  includes a lessee of a motor vehicle if the lease agreement has 
  3.11  a term of 180 days or more. 
  3.12     (e) "Prior driving under the influence conviction" means a 
  3.13  prior conviction under section 169.121; 169.129; or 609.21, 
  3.14  subdivision 1, clauses (2) to (4); 2, clauses (2) to (4); 2a, 
  3.15  clauses (2) to (4); 3, clauses (2) to (4); or 4, clauses (2) to 
  3.16  (4); or an ordinance from this state, or a statute or ordinance 
  3.17  from another state in conformity with any of them.  A prior 
  3.18  driving under the influence conviction also includes a prior 
  3.19  juvenile adjudication that would have been a prior driving under 
  3.20  the influence conviction if committed by an adult. 
  3.21     (f) "Prior license revocation" has the meaning given it in 
  3.22  section 169.121, subdivision 3. 
  3.23     (g) "Prosecuting authority" means the attorney in the 
  3.24  jurisdiction in which the designated offense occurred who is 
  3.25  responsible for prosecuting violations of a designated offense. 
  3.26     Sec. 3.  [EFFECTIVE DATE.] 
  3.27     Sections 1 and 2 are effective August 1, 1995, and apply to 
  3.28  violations occurring on or after that date.