SF 82

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 05/13/2016 08:32am

A bill for an act
relating to public safety; creating an enhanced penalty for criminal vehicular
homicide occurring within ten years of a qualified offense; amending Minnesota
Statutes 2014, sections 609.2111; 609.2112, subdivision 1; 609.2114, subdivision
1.

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

Section 1.

Minnesota Statutes 2014, section 609.2111, is amended to read:

609.2111 DEFINITIONS.

(a) For purposes of sections 609.2111 to 609.2114, the terms defined in this
subdivision have the meanings given them.

(b) "Motor vehicle" has the meaning given in section 609.52, subdivision 1, and
includes attached trailers.

(c) "Controlled substance" has the meaning given in section 152.01, subdivision 4.

(d) "Hazardous substance" means any chemical or chemical compound that is listed
as a hazardous substance in rules adopted under chapter 182.

new text begin (e) "Qualified prior driving offense" includes a prior conviction:
new text end

new text begin (1) for a violation of section 169A.20 under the circumstances described in section
169A.24 or 169A.25;
new text end

new text begin (2) under section 609.2112, subdivision 1, clauses (2) to (6); 609.2113, subdivision
1, clauses (2) to (6); 2, clauses (2) to (6); or 3, clauses (2) to (6); or 609.2114, subdivision
1, clauses (2) to (6); or 2, clauses (2) to (6);
new text end

new text begin (3) under Minnesota Statutes 2012, section 609.21, subdivision 1, clauses (2) to (6); or
new text end

new text begin (4) under Minnesota Statutes 2006, section 609.21, subdivision 1, clauses (2) to (6);
2, clauses (2) to (6); 2a, clauses (2) to (6); 2b, clauses (2) to (6); 3, clauses (2) to (6); or 4,
clauses (2) to (6).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2016, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2014, section 609.2112, subdivision 1, is amended to read:

Subdivision 1.

Criminal vehicular homicide.

new text begin (a) Except as provided in
paragraph (b), new text end a person is guilty of criminal vehicular homicide and may be sentenced
to imprisonment for not more than ten years or to payment of a fine of not more than
$20,000, or both, if the person causes the death of a human being not constituting murder
or manslaughter as a result of operating a motor vehicle:

(1) in a grossly negligent manner;

(2) in a negligent manner while under the influence of:

(i) alcohol;

(ii) a controlled substance; or

(iii) any combination of those elements;

(3) while having an alcohol concentration of 0.08 or more;

(4) while having an alcohol concentration of 0.08 or more, as measured within
two hours of the time of driving;

(5) in a negligent manner while knowingly under the influence of a hazardous
substance;

(6) in a negligent manner while any amount of a controlled substance listed in
Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is
present in the person's body;

(7) where the driver who causes the collision leaves the scene of the collision in
violation of section 169.09, subdivision 1 or 6; or

(8) where the driver had actual knowledge that a peace officer had previously issued a
citation or warning that the motor vehicle was defectively maintained, the driver had actual
knowledge that remedial action was not taken, the driver had reason to know that the defect
created a present danger to others, and the death was caused by the defective maintenance.

new text begin (b) If a person is sentenced under paragraph (a) for a violation under paragraph (a),
clauses (2) to (6), occurring within ten years of a qualified prior driving offense, the
statutory maximum sentence of imprisonment is 15 years.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2016, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2014, section 609.2114, subdivision 1, is amended to read:

Subdivision 1.

Death to an unborn child.

new text begin (a) Except as provided in paragraph (b),
new text end a person is guilty of criminal vehicular operation resulting in death to an unborn child
and may be sentenced to imprisonment for not more than ten years or to payment of a
fine of not more than $20,000, or both, if the person causes the death of an unborn child
as a result of operating a motor vehicle:

(1) in a grossly negligent manner;

(2) in a negligent manner while under the influence of:

(i) alcohol;

(ii) a controlled substance; or

(iii) any combination of those elements;

(3) while having an alcohol concentration of 0.08 or more;

(4) while having an alcohol concentration of 0.08 or more, as measured within
two hours of the time of driving;

(5) in a negligent manner while knowingly under the influence of a hazardous
substance;

(6) in a negligent manner while any amount of a controlled substance listed in
Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is
present in the person's body;

(7) where the driver who causes the accident leaves the scene of the accident in
violation of section 169.09, subdivision 1 or 6; or

(8) where the driver had actual knowledge that a peace officer had previously issued a
citation or warning that the motor vehicle was defectively maintained, the driver had actual
knowledge that remedial action was not taken, the driver had reason to know that the defect
created a present danger to others, and the injury was caused by the defective maintenance.

new text begin (b) If a person is sentenced under paragraph (a) for a violation under paragraph (a),
clauses (2) to (6), occurring within ten years of a qualified prior driving offense, the
statutory maximum sentence of imprisonment is 15 years.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2016, and applies to crimes
committed on or after that date.
new text end