SF 345

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes; providing a felony penalty for 
  1.3             certain repeat violators of the driving while impaired 
  1.4             laws; requiring that felony violators be incarcerated 
  1.5             in local correctional facilities; providing mandatory 
  1.6             minimum penalties for these felony violations; 
  1.7             repealing statutory references to enhanced gross 
  1.8             misdemeanor crimes; amending Minnesota Statutes 1998, 
  1.9             sections 169.121, subdivisions 3 and 3e; 169.129, 
  1.10            subdivision 2; 244.20; 388.051, subdivision 1; 609.02, 
  1.11            subdivision 2; 609.105, subdivision 3; and 609.135, 
  1.12            subdivision 2; repealing Minnesota Statutes 1998, 
  1.13            section 609.02, subdivision 2a. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 1998, section 169.121, 
  1.16  subdivision 3, is amended to read: 
  1.17     Subd. 3.  [CRIMINAL PENALTIES.] (a) As used in this section:
  1.18     (1) "Prior impaired driving conviction" means a prior 
  1.19  conviction under: 
  1.20     (i) this section; Minnesota Statutes 1996, section 84.91, 
  1.21  subdivision 1, paragraph (a), or 86B.331, subdivision 1, 
  1.22  paragraph (a); section 169.1211; section 169.129; or section 
  1.23  360.0752; 
  1.24     (ii) section 609.21, subdivision 1, clauses (2) to (6); 
  1.25  subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 
  1.26  to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
  1.27  clauses (2) to (6); or subdivision 4, clauses (2) to (6); or 
  1.28     (iii) an ordinance from this state, or a statute or 
  1.29  ordinance from another state, in conformity with any provision 
  2.1   listed in item (i) or (ii). 
  2.2      A prior impaired driving conviction also includes a prior 
  2.3   juvenile adjudication that would have been a prior impaired 
  2.4   driving conviction if committed by an adult. 
  2.5      (2) "Prior license revocation" means a driver's license 
  2.6   suspension, revocation, cancellation, denial, or 
  2.7   disqualification under: 
  2.8      (i) this section or section 169.1211, 169.123, 171.04, 
  2.9   171.14, 171.16, 171.165, 171.17, or 171.18 because of an 
  2.10  alcohol-related incident; 
  2.11     (ii) section 609.21, subdivision 1, clauses (2) to (6); 
  2.12  subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 
  2.13  to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
  2.14  clauses (2) to (6); or subdivision 4, clauses (2) to (6); or 
  2.15     (iii) an ordinance from this state, or a statute or 
  2.16  ordinance from another state, in conformity with any provision 
  2.17  listed in item (i) or (ii). 
  2.18     "Prior license revocation" also means the revocation of 
  2.19  snowmobile or all-terrain vehicle operating privileges under 
  2.20  section 84.911, or motorboat operating privileges under section 
  2.21  86B.335, for violations that occurred on or after August 1, 1995.
  2.22     (b) A person who violates subdivision 1, clause (a), (b), 
  2.23  (c), (d), (e), (g), or (h), or subdivision 1a, or an ordinance 
  2.24  in conformity with any of them, is guilty of a misdemeanor. 
  2.25     (c) A person is guilty of a gross misdemeanor under any of 
  2.26  the following circumstances: 
  2.27     (1) the person violates subdivision 1, clause (f); 
  2.28     (2) the person violates subdivision 1, clause (a), (b), 
  2.29  (c), (d), (e), (g), or (h), or subdivision 1a, within five years 
  2.30  of a prior impaired driving conviction or a prior license 
  2.31  revocation; 
  2.32     (3) the person violates section 169.26 while in violation 
  2.33  of subdivision 1; or 
  2.34     (4) the person violates subdivision 1 or 1a while a child 
  2.35  under the age of 16 is in the vehicle, if the child is more than 
  2.36  36 months younger than the violator. 
  3.1      A person convicted of a gross misdemeanor under this 
  3.2   paragraph is subject to the mandatory penalties provided in 
  3.3   subdivision 3d. 
  3.4      (d) A person is guilty of an enhanced gross misdemeanor a 
  3.5   felony under any of the following circumstances: 
  3.6      (1) the person violates subdivision 1, clause (f), or 
  3.7   commits a violation described in paragraph (c), clause (3) or 
  3.8   (4), within ten years of one or more prior impaired driving 
  3.9   convictions or prior license revocations; 
  3.10     (2) the person violates subdivision 1, clause (a), (b), 
  3.11  (c), (d), (e), (g), or (h), or subdivision 1a, within ten years 
  3.12  of the first of two or more prior impaired driving convictions, 
  3.13  two or more prior license revocations, or any combination of two 
  3.14  or more prior impaired driving convictions and prior license 
  3.15  revocations, based on separate incidents. 
  3.16     A person convicted of an enhanced gross misdemeanor a 
  3.17  felony under this paragraph may be sentenced to imprisonment in 
  3.18  a local correctional facility for not more than two years or to 
  3.19  payment of a fine of not more than $3,000, or both.  
  3.20  Additionally, the person is subject to the applicable mandatory 
  3.21  penalties provided in subdivision 3e.  Felony violations of this 
  3.22  subdivision are not subject to the sentencing guidelines. 
  3.23     (e) The court shall notify a person convicted of violating 
  3.24  subdivision 1 or 1a that the registration plates of the person's 
  3.25  motor vehicle may be impounded under section 168.042 and the 
  3.26  vehicle may be subject to forfeiture under section 169.1217 upon 
  3.27  a subsequent conviction for violating this section, section 
  3.28  169.129, or section 171.24, or a subsequent license revocation 
  3.29  under section 169.123.  The notice must describe the conduct and 
  3.30  the time periods within which the conduct must occur in order to 
  3.31  result in plate impoundment or forfeiture.  The failure of the 
  3.32  court to provide this information does not affect the 
  3.33  applicability of the plate impoundment or the forfeiture 
  3.34  provision to that person. 
  3.35     (f) The attorney in the jurisdiction in which the violation 
  3.36  occurred who is responsible for prosecution of misdemeanor 
  4.1   violations of this section shall also be responsible for 
  4.2   prosecution of gross misdemeanor and enhanced gross misdemeanor 
  4.3   felony violations of this section. 
  4.4      (g) The court must impose consecutive sentences when it 
  4.5   sentences a person for a violation of this section or section 
  4.6   169.129 arising out of separate behavioral incidents.  The court 
  4.7   also must impose a consecutive sentence when it sentences a 
  4.8   person for a violation of this section or section 169.129 and 
  4.9   the person, at the time of sentencing, is on probation for, or 
  4.10  serving, an executed sentence for a violation of this section or 
  4.11  section 169.129 and the prior sentence involved a separate 
  4.12  behavioral incident.  The court also may order that the sentence 
  4.13  imposed for a violation of this section or section 169.129 shall 
  4.14  run consecutively to a previously imposed misdemeanor, gross 
  4.15  misdemeanor or felony sentence for a violation other than this 
  4.16  section or section 169.129.  
  4.17     (h) When the court stays the sentence of a person convicted 
  4.18  under this section, the length of the stay is governed by 
  4.19  section 609.135, subdivision 2. 
  4.20     (i) The court may impose consecutive sentences for offenses 
  4.21  arising out of a single course of conduct as permitted in 
  4.22  section 609.035, subdivision 2.  
  4.23     (j) When an attorney responsible for prosecuting gross 
  4.24  misdemeanors or enhanced gross misdemeanors felonies under this 
  4.25  section requests criminal history information relating to prior 
  4.26  impaired driving convictions from a court, the court must 
  4.27  furnish the information without charge. 
  4.28     (k) A violation of subdivision 1a may be prosecuted either 
  4.29  in the jurisdiction where the arresting officer observed the 
  4.30  defendant driving, operating, or in control of the motor vehicle 
  4.31  or in the jurisdiction where the refusal occurred. 
  4.32     Sec. 2.  Minnesota Statutes 1998, section 169.121, 
  4.33  subdivision 3e, is amended to read: 
  4.34     Subd. 3e.  [ENHANCED GROSS MISDEMEANOR FELONY; MANDATORY 
  4.35  PENALTIES.] (a) The mandatory penalties in this subdivision 
  4.36  apply to persons who are convicted of an enhanced gross 
  5.1   misdemeanor a felony under subdivision 3, paragraph (d), or 
  5.2   section 169.129.  Notwithstanding section 609.135, these 
  5.3   penalties must be imposed and executed. 
  5.4      (b) A person who is convicted of an enhanced gross 
  5.5   misdemeanor a felony under the circumstances described in 
  5.6   subdivision 3, paragraph (d), clause (1), shall be sentenced as 
  5.7   follows: 
  5.8      (1) if the person has one prior impaired driving conviction 
  5.9   within the past ten years, the person must be sentenced to 
  5.10  either (i) a minimum of 90 days of incarceration, at least 30 
  5.11  days of which must be served consecutively in a local 
  5.12  correctional facility, or (ii) a program of intensive 
  5.13  supervision of the type described in section 169.1265 that 
  5.14  requires the person to consecutively serve at least six days in 
  5.15  a local correctional facility.  The court may order that the 
  5.16  person serve not more than 60 days of the minimum penalty under 
  5.17  item (i) on home detention or in an intensive probation program 
  5.18  described in section 169.1265; 
  5.19     (2) if the person has two prior impaired driving 
  5.20  convictions within the past ten years, the person must be 
  5.21  sentenced to either (i) a minimum of 180 days of incarceration, 
  5.22  at least 30 days of which must be served consecutively in a 
  5.23  local correctional facility, or (ii) a program of intensive 
  5.24  supervision of the type described in section 169.1265 that 
  5.25  requires the person to consecutively serve at least six days in 
  5.26  a local correctional facility.  The court may order that the 
  5.27  person serve not more than 150 days of the minimum penalty under 
  5.28  item (i) on home detention or in an intensive probation program 
  5.29  described in section 169.1265; or 
  5.30     (3) if the person has three prior impaired driving 
  5.31  convictions within the past 15 years, or four or more prior 
  5.32  impaired driving convictions within the person's lifetime, the 
  5.33  person must be sentenced to either (i) a minimum of one year of 
  5.34  incarceration, at least 60 days of which must be served 
  5.35  consecutively in a local correctional facility, or (ii) a 
  5.36  program of intensive supervision of the type described in 
  6.1   section 169.1265 that requires the person to consecutively serve 
  6.2   at least six days in a local correctional facility.  The court 
  6.3   may order that the person serve the remainder of the minimum 
  6.4   penalty under item (i) on intensive probation using an 
  6.5   electronic monitoring system or, if such a system is 
  6.6   unavailable, on home detention. 
  6.7      (c) A person who is convicted of an enhanced gross 
  6.8   misdemeanor a felony under the circumstances described in 
  6.9   subdivision 3, paragraph (d), clause (2), or under section 
  6.10  169.129, shall be sentenced as follows: 
  6.11     (1) if the person has two prior impaired driving 
  6.12  convictions, two prior license revocations, or a combination of 
  6.13  the two, within the past ten years, the person must be sentenced 
  6.14  to either (i) a minimum of 90 days incarceration, at least 30 
  6.15  days of which must be served consecutively in a local 
  6.16  correctional facility, or (ii) a program of intensive 
  6.17  supervision of the type described in section 169.1265 that 
  6.18  requires the person to consecutively serve at least six days in 
  6.19  a local correctional facility.  The court may order that the 
  6.20  person serve not more than 60 days of the minimum penalty under 
  6.21  item (i) on home detention or in an intensive probation program 
  6.22  described in section 169.1265; 
  6.23     (2) if the person has three prior impaired driving 
  6.24  convictions, three prior license revocations, or a combination 
  6.25  of the two, within the past ten years, the person must be 
  6.26  sentenced to either (i) a minimum of 180 days of incarceration, 
  6.27  at least 30 days of which must be served consecutively in a 
  6.28  local correctional facility, or (ii) a program of intensive 
  6.29  supervision of the type described in section 169.1265 that 
  6.30  requires the person to consecutively serve at least six days in 
  6.31  a local correctional facility.  The court may order that the 
  6.32  person serve not more than 150 days of the minimum penalty under 
  6.33  item (i) on home detention or in an intensive probation program 
  6.34  described in section 169.1265; or 
  6.35     (3) if the person has four prior impaired driving 
  6.36  convictions, four prior license revocations, or a combination of 
  7.1   the two, within the past 15 years; or has five or more prior 
  7.2   impaired driving convictions, five or more prior license 
  7.3   revocations, or a combination of the two, within the person's 
  7.4   lifetime; then the person must be sentenced to either (i) a 
  7.5   minimum of one year of incarceration, at least 60 days of which 
  7.6   must be served consecutively in a local correctional facility, 
  7.7   or (ii) a program of intensive supervision of the type described 
  7.8   in section 169.1265 that requires the person to consecutively 
  7.9   serve at least six days in a local correctional facility.  The 
  7.10  court may order that the person serve the remainder of the 
  7.11  minimum penalty under item (i) on intensive probation using an 
  7.12  electronic monitoring system or, if such a system is 
  7.13  unavailable, on home detention. 
  7.14     Sec. 3.  Minnesota Statutes 1998, section 169.129, 
  7.15  subdivision 2, is amended to read: 
  7.16     Subd. 2.  [PENALTIES.] (a) Except as otherwise provided in 
  7.17  paragraph (b), a person who violates subdivision 1 is guilty of 
  7.18  a gross misdemeanor. 
  7.19     (b) A person is guilty of an enhanced gross misdemeanor a 
  7.20  felony and may be sentenced to imprisonment in a local 
  7.21  correctional facility for not more than two years or to payment 
  7.22  of a fine of not more than $3,000, or both, if the person 
  7.23  violates subdivision 1 and the person's driver's license or 
  7.24  driving privilege has been suspended, revoked, canceled, denied, 
  7.25  or disqualified two or more times within the past ten years 
  7.26  under any of the statutes listed in subdivision 1.  A person 
  7.27  convicted of an enhanced gross misdemeanor a felony under this 
  7.28  paragraph is subject to the applicable mandatory penalties 
  7.29  provided in section 169.121, subdivision 3d 3e.  Felony 
  7.30  violations of this section are not subject to the sentencing 
  7.31  guidelines. 
  7.32     Sec. 4.  Minnesota Statutes 1998, section 244.20, is 
  7.33  amended to read: 
  7.34     244.20 [PROBATION SUPERVISION.] 
  7.35     Notwithstanding sections 244.19, subdivision 1, and 
  7.36  609.135, subdivision 1, and except for persons convicted of a 
  8.1   felony violation of section 169.121 or 169.129, the department 
  8.2   of corrections shall have exclusive responsibility for providing 
  8.3   probation services for adult felons in counties that do not take 
  8.4   part in the Community Corrections Act.  In counties that do not 
  8.5   take part in the Community Corrections Act, the responsibility 
  8.6   for providing probation services for individuals convicted of 
  8.7   gross misdemeanor offenses and of felony violations of sections 
  8.8   169.121 and 169.129, shall be discharged according to local 
  8.9   judicial policy. 
  8.10     Sec. 5.  Minnesota Statutes 1998, section 388.051, 
  8.11  subdivision 1, is amended to read: 
  8.12     Subdivision 1.  [GENERAL PROVISIONS.] The county attorney 
  8.13  shall:  
  8.14     (a) Appear in all cases in which the county is a party; 
  8.15     (b) Give opinions and advice, upon the request of the 
  8.16  county board or any county officer, upon all matters in which 
  8.17  the county is or may be interested, or in relation to the 
  8.18  official duties of the board or officer; 
  8.19     (c) Except as otherwise provided in section 169.121 or 
  8.20  169.129, prosecute felonies, including the drawing of 
  8.21  indictments found by the grand jury, and, to the extent 
  8.22  prescribed by law, gross misdemeanors, misdemeanors, petty 
  8.23  misdemeanors, and violations of municipal ordinances, charter 
  8.24  provisions and rules or regulations; 
  8.25     (d) Attend before the grand jury, give them legal advice 
  8.26  and examine witnesses in their presence; 
  8.27     (e) Request the court administrator to issue subpoenas to 
  8.28  bring witnesses before the grand jury or any judge or judicial 
  8.29  officer before whom the county attorney is conducting a criminal 
  8.30  hearing; 
  8.31     (f) Attend any inquest at the request of the coroner; and 
  8.32     (g) Appear, when requested by the attorney general, for the 
  8.33  state in any case instituted by the attorney general in the 
  8.34  county attorney's county or before the United States land office 
  8.35  in case of application to preempt or locate any public lands 
  8.36  claimed by the state and assist in the preparation and trial.  
  9.1      Sec. 6.  Minnesota Statutes 1998, section 609.02, 
  9.2   subdivision 2, is amended to read: 
  9.3      Subd. 2.  [FELONY.] "Felony" means a crime, other than an 
  9.4   enhanced gross misdemeanor, for which a sentence of imprisonment 
  9.5   for more than one year may be imposed. 
  9.6      Sec. 7.  Minnesota Statutes 1998, section 609.105, 
  9.7   subdivision 3, is amended to read: 
  9.8      Subd. 3.  A sentence to imprisonment for an enhanced gross 
  9.9   misdemeanor a felony violation of section 169.121 or 169.129, or 
  9.10  for a period of one year or any lesser period shall be to a 
  9.11  workhouse, work farm, county jail, or other place authorized by 
  9.12  law.  
  9.13     Sec. 8.  Minnesota Statutes 1998, section 609.135, 
  9.14  subdivision 2, is amended to read: 
  9.15     Subd. 2.  [STAY OF SENTENCE MAXIMUM PERIODS.] (a) Except as 
  9.16  otherwise provided in paragraph (b), if the conviction is for a 
  9.17  felony the stay shall be for not more than four years or the 
  9.18  maximum period for which the sentence of imprisonment might have 
  9.19  been imposed, whichever is longer. 
  9.20     (b) If the conviction is for an enhanced gross misdemeanor 
  9.21  a felony violation of section 169.121 or 169.129, the stay shall 
  9.22  be for not more than six years.  The court shall provide for 
  9.23  unsupervised probation for the last year of the stay unless the 
  9.24  court finds that the defendant needs supervised probation for 
  9.25  all or part of the last year. 
  9.26     (c) If the conviction is for a gross misdemeanor violation 
  9.27  of section 169.121 or 169.129, the stay shall be for not more 
  9.28  than four years.  The court shall provide for unsupervised 
  9.29  probation for the last year of the stay unless the court finds 
  9.30  that the defendant needs supervised probation for all or part of 
  9.31  the last year. 
  9.32     (d) If the conviction is for a gross misdemeanor not 
  9.33  specified in paragraph (c), the stay shall be for not more than 
  9.34  two years. 
  9.35     (e) If the conviction is for any misdemeanor under section 
  9.36  169.121; 609.746, subdivision 1; 609.79; or 617.23; or for a 
 10.1   misdemeanor under section 609.2242 or 609.224, subdivision 1, in 
 10.2   which the victim of the crime was a family or household member 
 10.3   as defined in section 518B.01, the stay shall be for not more 
 10.4   than two years.  The court shall provide for unsupervised 
 10.5   probation for the second year of the stay unless the court finds 
 10.6   that the defendant needs supervised probation for all or part of 
 10.7   the second year. 
 10.8      (f) If the conviction is for a misdemeanor not specified in 
 10.9   paragraph (e), the stay shall be for not more than one year.  
 10.10     (g) The defendant shall be discharged six months after the 
 10.11  term of the stay expires, unless the stay has been revoked or 
 10.12  extended under paragraph (h), or the defendant has already been 
 10.13  discharged. 
 10.14     (h) Notwithstanding the maximum periods specified for stays 
 10.15  of sentences under paragraphs (a) to (g), a court may extend a 
 10.16  defendant's term of probation for up to one year if it finds, at 
 10.17  a hearing conducted under subdivision 1a, that: 
 10.18     (1) the defendant has not paid court-ordered restitution or 
 10.19  a fine in accordance with the payment schedule or structure; and 
 10.20     (2) the defendant is likely to not pay the restitution or 
 10.21  fine the defendant owes before the term of probation expires.  
 10.22  This one-year extension of probation for failure to pay 
 10.23  restitution or a fine may be extended by the court for up to one 
 10.24  additional year if the court finds, at another hearing conducted 
 10.25  under subdivision 1a, that the defendant still has not paid the 
 10.26  court-ordered restitution or fine that the defendant owes. 
 10.27     (i) Notwithstanding the maximum periods specified for stays 
 10.28  of sentences under paragraphs (a) to (g), a court may extend a 
 10.29  defendant's term of probation for up to three years if it finds, 
 10.30  at a hearing conducted under subdivision 1c, that: 
 10.31     (1) the defendant has failed to complete court-ordered 
 10.32  treatment successfully; and 
 10.33     (2) the defendant is likely not to complete court-ordered 
 10.34  treatment before the term of probation expires. 
 10.35     Sec. 9.  [REPEALER.] 
 10.36     Minnesota Statutes 1998, section 609.02, subdivision 2a, is 
 11.1   repealed. 
 11.2      Sec. 10.  [EFFECTIVE DATE.] 
 11.3      Sections 1 to 9 are effective the day following final 
 11.4   enactment and apply to violations occurring on or after that 
 11.5   date.