SF 587

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crimes; authorizing imposition of a 
  1.3             two-year enhanced gross misdemeanor penalty on certain 
  1.4             repeat violators of the driving while intoxicated law; 
  1.5             amending Minnesota Statutes 1996, sections 169.121, 
  1.6             subdivisions 3, 3a, 3c, and 5; 609.02, subdivision 2, 
  1.7             and by adding a subdivision; and 609.105. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 169.121, 
  1.10  subdivision 3, is amended to read: 
  1.11     Subd. 3.  [CRIMINAL PENALTIES.] (a) As used in this 
  1.12  subdivision:  
  1.13     (1) "prior impaired driving conviction" means a prior 
  1.14  conviction under this section; section 84.91, subdivision 1, 
  1.15  paragraph (a); 86B.331, subdivision 1, paragraph (a); 169.129; 
  1.16  360.0752; 609.21, subdivision 1, clauses (2) to (6); 609.21, 
  1.17  subdivision 2, clauses (2) to (6); 609.21, subdivision 2a, 
  1.18  clauses (2) to (6); 609.21, subdivision 2b, clauses (2) to (6); 
  1.19  609.21, subdivision 3, clauses (2) to (6); 609.21, subdivision 
  1.20  4, clauses (2) to (6); or an ordinance from this state, or a 
  1.21  statute or ordinance from another state in conformity with any 
  1.22  of them.  A prior impaired driving conviction also includes a 
  1.23  prior juvenile adjudication that would have been a prior 
  1.24  impaired driving conviction if committed by an adult; and 
  1.25     (2) "prior license revocation" means a driver's license 
  1.26  suspension, revocation, or cancellation under this section; 
  2.1   section 169.123; 171.04; 171.14; 171.16; 171.17; or 171.18 
  2.2   because of an alcohol-related incident; 609.21, subdivision 1, 
  2.3   clauses (2) to (6); 609.21, subdivision 2, clauses (2) to (6); 
  2.4   609.21, subdivision 2a, clauses (2) to (6); 609.21, subdivision 
  2.5   2b, clauses (2) to (6); 609.21, subdivision 3, clauses (2) to 
  2.6   (6); or 609.21, subdivision 4, clauses (2) to (6); or an 
  2.7   ordinance from this state, or a statute or ordinance from 
  2.8   another state in conformity with any of them. 
  2.9      (b) A person who violates subdivision 1 or 1a, or an 
  2.10  ordinance in conformity with either of them, is guilty of a 
  2.11  misdemeanor. 
  2.12     (c) A person is guilty of a gross misdemeanor under any of 
  2.13  the following circumstances: 
  2.14     (1) the person violates subdivision 1 within five years of 
  2.15  a prior impaired driving conviction, or within ten years of the 
  2.16  first of two or more prior impaired driving convictions; 
  2.17     (2) the person violates subdivision 1a within five years of 
  2.18  a prior license revocation, or within ten years of the first of 
  2.19  two or more prior license revocations; 
  2.20     (3) the person violates section 169.26 while in violation 
  2.21  of subdivision 1; or 
  2.22     (4) the person violates subdivision 1 or 1a while a child 
  2.23  under the age of 16 is in the vehicle, if the child is more than 
  2.24  36 months younger than the violator. 
  2.25     (d) A person who violates subdivision 1 within ten years of 
  2.26  the first of two or more prior impaired driving convictions or 
  2.27  who violates subdivision 1a within ten years of the first of two 
  2.28  or more prior license revocations is guilty of an enhanced gross 
  2.29  misdemeanor and may be sentenced to imprisonment in a local 
  2.30  correctional facility for not more than two years or to payment 
  2.31  of a fine of not more than $3,000, or both. 
  2.32     (e) The attorney in the jurisdiction in which the violation 
  2.33  occurred who is responsible for prosecution of misdemeanor 
  2.34  violations of this section shall also be responsible for 
  2.35  prosecution of gross misdemeanor and enhanced gross misdemeanor 
  2.36  violations of this section. 
  3.1      (e) (f) The court must impose consecutive sentences when it 
  3.2   sentences a person for a violation of this section or section 
  3.3   169.129 arising out of separate behavioral incidents.  The court 
  3.4   also must impose a consecutive sentence when it sentences a 
  3.5   person for a violation of this section or section 169.129 and 
  3.6   the person, at the time of sentencing, is on probation for, or 
  3.7   serving, an executed sentence for a violation of this section or 
  3.8   section 169.129 and the prior sentence involved a separate 
  3.9   behavioral incident.  The court also may order that the sentence 
  3.10  imposed for a violation of this section or section 169.129 shall 
  3.11  run consecutively to a previously imposed misdemeanor, gross 
  3.12  misdemeanor or felony sentence for a violation other than this 
  3.13  section or section 169.129. 
  3.14     (f) (g) The court may impose consecutive sentences for 
  3.15  offenses arising out of a single course of conduct as permitted 
  3.16  in section 609.035, subdivision 2.  
  3.17     (g) (h) When an attorney responsible for prosecuting gross 
  3.18  misdemeanors or enhanced gross misdemeanors under this section 
  3.19  requests criminal history information relating to prior impaired 
  3.20  driving convictions from a court, the court must furnish the 
  3.21  information without charge. 
  3.22     (h) (i) A violation of subdivision 1a may be prosecuted 
  3.23  either in the jurisdiction where the arresting officer observed 
  3.24  the defendant driving, operating, or in control of the motor 
  3.25  vehicle or in the jurisdiction where the refusal occurred. 
  3.26     Sec. 2.  Minnesota Statutes 1996, section 169.121, 
  3.27  subdivision 3a, is amended to read: 
  3.28     Subd. 3a.  [HABITUAL OFFENDER PENALTIES.] (a) Except as 
  3.29  otherwise provided in paragraph (b), if a person has been 
  3.30  convicted under this section, section 169.129, an ordinance in 
  3.31  conformity with either of them, or a statute or ordinance from 
  3.32  another state in conformity with either of them, and if the 
  3.33  person is then convicted of a gross misdemeanor or enhanced 
  3.34  gross misdemeanor violation of this section, a violation of 
  3.35  section 169.129, or an ordinance in conformity with either of 
  3.36  them (1) once within five years after the first conviction or 
  4.1   (2) two or more times within ten years after the first 
  4.2   conviction, the person must be sentenced to a minimum of 30 days 
  4.3   imprisonment, at least 48 hours of which must be served 
  4.4   consecutively, or to eight hours of community work service for 
  4.5   each day less than 30 days that the person is ordered to serve 
  4.6   in jail.  Provided, that if a person is convicted of violating 
  4.7   this section, section 169.129, or an ordinance in conformity 
  4.8   with either of them two or more times within five years after 
  4.9   the first conviction, or within five years after the first of 
  4.10  two or more license revocations, as defined in subdivision 3, 
  4.11  paragraph (a), clause (2), the person must be sentenced to a 
  4.12  minimum of 30 days imprisonment, at least 48 hours of which must 
  4.13  be served consecutively, and the sentence may not be waived 
  4.14  under paragraph (c) or (d).  Notwithstanding section 609.135, 
  4.15  the above sentence must be executed, unless the court departs 
  4.16  from the mandatory minimum sentence under paragraph (c) or (d). 
  4.17     (b) A person must be sentenced to a minimum of one year of 
  4.18  incarceration, at least 48 hours of which must be served 
  4.19  consecutively, or of intensive probation using an electronic 
  4.20  alcohol monitoring system, or a combination thereof, if the 
  4.21  person is convicted of violating this section, section 169.129, 
  4.22  or an ordinance in conformity with either of them:  (1) within 
  4.23  ten years of the first of five, or within 15 years of the first 
  4.24  of seven, prior license revocations, as defined in subdivision 
  4.25  3, paragraph (a), clause (2), or (2) within ten years of the 
  4.26  first of five, or within 15 years of the first of seven, prior 
  4.27  convictions under this section, section 169.129, or an ordinance 
  4.28  in conformity with either of them. 
  4.29     (c) Prior to sentencing the prosecutor may file a motion to 
  4.30  have the defendant sentenced without regard to the mandatory 
  4.31  minimum sentence established by this subdivision.  The motion 
  4.32  must be accompanied by a statement on the record of the reasons 
  4.33  for it.  When presented with the prosecutor's motion and if it 
  4.34  finds that substantial mitigating factors exist, the court shall 
  4.35  sentence the defendant without regard to the mandatory minimum 
  4.36  sentence established by this subdivision. 
  5.1      (d) The court may, on its own motion, sentence the 
  5.2   defendant without regard to the mandatory minimum sentence 
  5.3   established by this subdivision if it finds that substantial 
  5.4   mitigating factors exist and if its sentencing departure is 
  5.5   accompanied by a statement on the record of the reasons for it. 
  5.6      (e) The court may sentence the defendant without regard to 
  5.7   the mandatory minimum sentence established by this subdivision 
  5.8   if the defendant is sentenced to probation and ordered to 
  5.9   participate in a program established under section 169.1265. 
  5.10     (f) When any portion of the sentence required by this 
  5.11  subdivision is not executed, the court should impose a sentence 
  5.12  that is proportional to the extent of the offender's prior 
  5.13  criminal and moving traffic violation record.  Any sentence 
  5.14  required under this subdivision must include a mandatory 
  5.15  sentence that is not subject to suspension or a stay of 
  5.16  imposition or execution, and that includes incarceration for not 
  5.17  less than 48 consecutive hours or at least 80 hours of community 
  5.18  work service. 
  5.19     Sec. 3.  Minnesota Statutes 1996, section 169.121, 
  5.20  subdivision 3c, is amended to read: 
  5.21     Subd. 3c.  [NOTICE OF ENHANCED PENALTIES.] When a court 
  5.22  sentences a person for a misdemeanor or, gross misdemeanor, or 
  5.23  enhanced gross misdemeanor violation of this section, it shall 
  5.24  inform the defendant of the statutory provisions that provide 
  5.25  for enhancement of criminal penalties for repeat violators.  The 
  5.26  failure of a court to provide this information to a defendant 
  5.27  does not affect the future applicability of these enhanced 
  5.28  penalties to that defendant. 
  5.29     Sec. 4.  Minnesota Statutes 1996, section 169.121, 
  5.30  subdivision 5, is amended to read: 
  5.31     Subd. 5.  [STAY OF IMPOSITION OR EXECUTION OF SENTENCE.] 
  5.32  Except as otherwise provided in subdivision 3b, when a court 
  5.33  sentences a person convicted of a misdemeanor or, gross 
  5.34  misdemeanor, or enhanced gross misdemeanor violation of this 
  5.35  section, section 169.129, or an ordinance in conformity with 
  5.36  either of them, the court may stay imposition or execution of 
  6.1   any sentence authorized by subdivision 3 or 4, except the 
  6.2   revocation of the driver's license, on the condition that the 
  6.3   convicted person submit to the level of care recommended in the 
  6.4   chemical use assessment report required under section 169.126.  
  6.5   If the court does not order a level of care in accordance with 
  6.6   the assessment report recommendation as a condition of a stay of 
  6.7   imposition or execution, it shall state on the record its 
  6.8   reasons for not following the assessment report recommendation.  
  6.9   A stay of imposition or execution shall be in the manner 
  6.10  provided in section 609.135.  The court shall report to the 
  6.11  commissioner of public safety any stay of imposition or 
  6.12  execution of sentence granted under the provisions of this 
  6.13  section. 
  6.14     Sec. 5.  Minnesota Statutes 1996, section 609.02, 
  6.15  subdivision 2, is amended to read: 
  6.16     Subd. 2.  [FELONY.] "Felony" means a crime, other than an 
  6.17  enhanced gross misdemeanor, for which a sentence of imprisonment 
  6.18  for more than one year may be imposed. 
  6.19     Sec. 6.  Minnesota Statutes 1996, section 609.02, is 
  6.20  amended by adding a subdivision to read: 
  6.21     Subd. 2a.  [ENHANCED GROSS MISDEMEANOR.] "Enhanced gross 
  6.22  misdemeanor" means a crime for which a sentence of not more than 
  6.23  two years imprisonment in a local correctional facility or a 
  6.24  fine of not more than $3,000, or both, may be imposed. 
  6.25     Sec. 7.  Minnesota Statutes 1996, section 609.105, is 
  6.26  amended to read: 
  6.27     609.105 [SENTENCE OF IMPRISONMENT.] 
  6.28     Subdivision 1.  Except as otherwise provided in subdivision 
  6.29  3, a sentence to imprisonment for more than one year shall 
  6.30  commit the defendant to the custody of the commissioner of 
  6.31  corrections.  
  6.32     Subd. 2.  The commissioner of corrections shall determine 
  6.33  the place of confinement in a prison, reformatory, or other 
  6.34  facility of the department of corrections established by law for 
  6.35  the confinement of convicted persons and prescribe reasonable 
  6.36  conditions and rules for their employment, conduct, instruction, 
  7.1   and discipline within or without the facility.  
  7.2      Subd. 3.  A sentence to imprisonment for an enhanced gross 
  7.3   misdemeanor or for a period of one year or any lesser period 
  7.4   shall be to a workhouse, work farm, county jail, or other place 
  7.5   authorized by law.  
  7.6      Sec. 8.  [EFFECTIVE DATE.] 
  7.7      Sections 1 to 7 are effective August 1, 1997, and apply to 
  7.8   crimes committed on or after that date.