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SF 201

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/29/2012 09:03am

KEY: stricken = removed, old language.
underscored = added, new language.
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Current Version - 1st Engrossment

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A bill for an act
 relating to crimes; defining gross negligence in the criminal vehicular operation
law; amending Minnesota Statutes 2010, section 609.21, subdivision 5, by
adding a subdivision.

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

Section 1.

Minnesota Statutes 2010, section 609.21, subdivision 5, is amended to read:


Subd. 5.

Definitions.

For purposes of this section, the terms defined in this
subdivision have the meanings given them.

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

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

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

new text begin (d) "In a grossly negligent manner" means with very great negligence or without
even slight care.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012, and applies to crimes
committed on or after that date.
 new text end

Sec. 2.

Minnesota Statutes 2010, section 609.21, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Gross negligence determination. new text end

new text begin In determining whether a person has
operated a motor vehicle in a grossly negligent manner under this section, the fact finder
may take into consideration factors, including, but not limited to:
 new text end

new text begin (1) lack of sleep;
 new text end

new text begin (2) length of time operating the vehicle;
 new text end

new text begin (3) presence of sure warning signs;
 new text end

new text begin (4) influence of drugs or alcohol; and
 new text end

new text begin (5) strenuous activities before operation.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012, and applies to crimes
committed on or after that date.
 new text end