SF 778

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to crimes; permitting Bureau of Criminal
Apprehension to certify chemical test results directly
to commissioner of public safety for driver's license
action; further limiting scope of judicial review of
license plate impoundment order; expanding proof of
service requirement for petitioner appealing license
plate impoundment or vehicle forfeiture order;
clarifying conditions under which new license plates
may be issued following plate impoundment;
strengthening the process for assessing chemical
dependency of impaired driving violators; deleting
report requirement relating to alcohol concentration
tests given to motorists; amending Minnesota Statutes
2004, sections 169A.52, subdivision 4; 169A.60,
subdivisions 10, 11; 169A.63, subdivision 8; 169A.70,
subdivision 3, by adding subdivisions; repealing Laws
2004, chapter 283, section 14.

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

Section 1.

Minnesota Statutes 2004, section 169A.52,
subdivision 4, is amended to read:

Subd. 4.

Test failure; license revocation.

(a) Upon
certification by the peace officer that there existed probable
cause to believe the person had been driving, operating, or in
physical control of a motor vehicle in violation of section
169A.20 (driving while impaired) and that the person submitted
to a test and the test results indicate an alcohol concentration
of 0.08 or more or the presence of a controlled substance listed
in schedule I or II, other than marijuana or
tetrahydrocannabinols, then the commissioner shall revoke the
person's license or permit to drive, or nonresident operating
privilege:

(1) for a period of 90 days;

(2) if the person is under the age of 21 years, for a
period of six months;

(3) for a person with a qualified prior impaired driving
incident within the past ten years, for a period of 180 days; or

(4) if the test results indicate an alcohol concentration
of 0.20 or more, for twice the applicable period in clauses (1)
to (3).

(b) On certification by the peace officer that there
existed probable cause to believe the person had been driving,
operating, or in physical control of a commercial motor vehicle
with any presence of alcohol and that the person submitted to a
test and the test results indicated an alcohol concentration of
0.04 or more, the commissioner shall disqualify the person from
operating a commercial motor vehicle under section 171.165
(commercial driver's license disqualification).

new text begin (c) If the test is of a person's blood or urine by a
laboratory operated by the Bureau of Criminal Apprehension, or
authorized by the bureau to conduct the analysis of a blood or
urine sample, the laboratory may directly certify to the
commissioner the test results, and the peace officer shall
certify to the commissioner that there existed probable cause to
believe the person had been driving, operating, or in physical
control of a motor vehicle in violation of section 169A.20 and
that the person submitted to a test. Upon receipt of both
certifications, the commissioner shall undertake the license
actions described in paragraphs (a) and (b).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006,
and applies to blood and urine test samples analyzed on or after
that date.
new text end

Sec. 2.

Minnesota Statutes 2004, section 169A.60,
subdivision 10, is amended to read:

Subd. 10.

Petition for judicial review.

(a) Within 30
days following receipt of a notice and order of impoundment
under this section, a person may petition the court for review.
new text begin The petition must include proof of service of a copy of the
petition on the commissioner. new text end The petition must include the
petitioner's date of birth, driver's license number, and date of
the plate impoundment violation new text begin , as well as the name of the
violator and the law enforcement agency that issued the plate
impoundment order new text end . The petition must state with specificity the
grounds upon which the petitioner seeks rescission of the order
for impoundment. The petition may be combined with any petition
filed under section 169A.53 (administrative and judicial review
of license revocation).

(b) Except as otherwise provided in this section, the
judicial review and hearing are governed by section 169A.53 and
must take place at the same time as any judicial review of the
person's license revocation under section 169A.53. The filing
of the petition does not stay the impoundment order. The
reviewing court may order a stay of the balance of the
impoundment period if the hearing has not been conducted within
60 days after filing of the petition upon terms the court deems
proper. The court shall order either that the impoundment be
rescinded or sustained, and forward the order to the
commissioner. The court shall file its order within 14 days
following the hearing.

(c) In addition to the issues described in section 169A.53,
subdivision 3 (judicial review of license revocation), the scope
of a hearing under this subdivision is limited to:

(1) deleted text begin whether the violator owns, is the registered owner of,
possesses, or has access to the vehicle used in the plate
impoundment violation;
deleted text end

deleted text begin (2) whether a member of the violator's household has a
valid driver's license, the violator or registered owner has a
limited license issued under section 171.30, the registered
owner is not the violator, and the registered owner has a valid
or limited driver's license, or a member of the registered
owner's household has a valid driver's license; and
deleted text end

deleted text begin (3) deleted text end if the impoundment is based on a plate impoundment
violation described in subdivision 1, paragraph deleted text begin (c) deleted text end new text begin (d) new text end , clause
(3) or (4), whether the peace officer had probable cause to
believe the violator committed the plate impoundment violation
and whether the evidence demonstrates that the plate impoundment
violation occurred new text begin ; and
new text end

new text begin (2) for all other cases, whether the peace officer had
probable cause to believe the violator committed the plate
impoundment violation new text end .

(d) In a hearing under this subdivision, the following
records are admissible in evidence:

(1) certified copies of the violator's driving record; and

(2) certified copies of vehicle registration records
bearing the violator's name.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 3.

Minnesota Statutes 2004, section 169A.60,
subdivision 11, is amended to read:

Subd. 11.

Rescission of revocation deleted text begin ; deleted text end new text begin and new text end dismissal or
acquittal; new plates.

If:

(1) the driver's license revocation that is the basis for
an impoundment order is rescinded; new text begin and
new text end

(2) the charges for the plate impoundment violation have
been dismissed with prejudice deleted text begin ; deleted text end or

deleted text begin (3) deleted text end the violator has been acquitted of the plate
impoundment violation;

then the registrar of motor vehicles shall issue new
registration plates for the vehicle at no cost, when the
registrar receives an application that includes a copy of the
order rescinding the driver's license revocation deleted text begin , deleted text end new text begin and either new text end the
order dismissing the charges deleted text begin , deleted text end or the judgment of acquittal.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2004, section 169A.63,
subdivision 8, is amended to read:

Subd. 8.

Administrative forfeiture procedure.

(a) A
motor vehicle used to commit a designated offense or used in
conduct resulting in a designated license revocation is subject
to administrative forfeiture under this subdivision.

(b) When a motor vehicle is seized under subdivision 2, or
within a reasonable time after seizure, the appropriate agency
shall serve the driver or operator of the vehicle with a notice
of the seizure and intent to forfeit the vehicle. Additionally,
when a motor vehicle is seized under subdivision 2, or within a
reasonable time after that, all persons known to have an
ownership, possessory, or security interest in the vehicle must
be notified of the seizure and the intent to forfeit the
vehicle. For those vehicles required to be registered under
chapter 168, the notification to a person known to have a
security interest in the vehicle is required only if the vehicle
is registered under chapter 168 and the interest is listed on
the vehicle's title. Notice mailed by certified mail to the
address shown in Department of Public Safety records is
sufficient notice to the registered owner of the vehicle. For
motor vehicles not required to be registered under chapter 168,
notice mailed by certified mail to the address shown in the
applicable filing or registration for the vehicle is sufficient
notice to a person known to have an ownership, possessory, or
security interest in the vehicle. Otherwise, notice may be
given in the manner provided by law for service of a summons in
a civil action.

(c) The notice must be in writing and contain:

(1) a description of the vehicle seized;

(2) the date of seizure; and

(3) notice of the right to obtain judicial review of the
forfeiture and of the procedure for obtaining that judicial
review, printed in English, Hmong, and Spanish. Substantially
the following language must appear conspicuously: "IF YOU DO
NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA
STATUTES, SECTION 169A.63, SUBDIVISION 8, YOU LOSE THE RIGHT TO
A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY
RIGHT YOU MAY HAVE TO THE ABOVE-DESCRIBED PROPERTY. YOU MAY NOT
HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE
UNABLE TO AFFORD THE FEE. IF THE PROPERTY IS WORTH $7,500 OR
LESS, YOU MAY FILE YOUR CLAIM IN CONCILIATION COURT. YOU DO NOT
HAVE TO PAY THE CONCILIATION COURT FILING FEE IF THE PROPERTY IS
WORTH LESS THAN $500."

(d) Within 30 days following service of a notice of seizure
and forfeiture under this subdivision, a claimant may file a
demand for a judicial determination of the forfeiture. The
demand must be in the form of a civil complaint and must be
filed with the court administrator in the county in which the
seizure occurred, together with proof of service of a copy of
the complaint on the prosecuting authority having jurisdiction
over the forfeiture deleted text begin , deleted text end and new text begin the appropriate agency that initiated
the forfeiture, including new text end the standard filing fee for civil
actions unless the petitioner has the right to sue in forma
pauperis under section 563.01. If the value of the seized
property is $7,500 or less, the claimant may file an action in
conciliation court for recovery of the seized vehicle. A copy
of the conciliation court statement of claim must be served
personally or by mail on the prosecuting authority having
jurisdiction over the forfeiture new text begin , as well as on the appropriate
agency that initiated the forfeiture, new text end within 30 days following
service of the notice of seizure and forfeiture under this
subdivision. If the value of the seized property is less than
$500, the claimant does not have to pay the conciliation court
filing fee.

No responsive pleading is required of the prosecuting
authority and no court fees may be charged for the prosecuting
authority's appearance in the matter. new text begin The prosecuting authority
may appear for the appropriate agency. new text end Pleadings, filings, and
methods of service are governed by the Rules of Civil Procedure.

(e) The complaint must be captioned in the name of the
claimant as plaintiff and the seized vehicle as defendant, and
must state with specificity the grounds on which the claimant
alleges the vehicle was improperly seized, the claimant's
interest in the vehicle seized, and any affirmative defenses the
claimant may have. Notwithstanding any law to the contrary, an
action for the return of a vehicle seized under this section may
not be maintained by or on behalf of any person who has been
served with a notice of seizure and forfeiture unless the person
has complied with this subdivision.

(f) If the claimant makes a timely demand for a judicial
determination under this subdivision, the forfeiture proceedings
must be conducted as provided under subdivision 9.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to forfeiture actions initiated on or after that
date.
new text end

Sec. 5.

Minnesota Statutes 2004, section 169A.70,
subdivision 3, is amended to read:

Subd. 3.

Assessment report.

(a) The assessment report
must be on a form prescribed by the commissioner and shall
contain an evaluation of the convicted defendant concerning the
defendant's prior traffic new text begin and criminal new text end record, characteristics
and history of alcohol and chemical use problems, and
amenability to rehabilitation through the alcohol safety
program. The report is classified as private data on
individuals as defined in section 13.02, subdivision 12.

(b) The assessment report must include:

(1) new text begin a diagnosis of the nature of the offender's chemical
and alcohol involvement;
new text end

new text begin (2) an assessment of the severity level of the involvement;
new text end

new text begin (3) new text end a recommended level of care for the offender in
accordance with the criteria contained in rules adopted by the
commissioner of human services under section 254A.03,
subdivision 3 (chemical dependency treatment rules);

new text begin (4) an assessment of the offender's placement needs;
new text end

deleted text begin (2) deleted text end new text begin (5) new text end recommendations for other appropriate remedial
action or care new text begin , including aftercare services in section 254B.01,
subdivision 3, new text end that may consist of educational programs,
one-on-one counseling, a program or type of treatment that
addresses mental health concerns, or a combination of them; deleted text begin or
deleted text end new text begin and
new text end

deleted text begin (3) deleted text end new text begin (6) new text end a specific explanation why no level of care or
action was recommended new text begin , if applicable new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to chemical use assessments made on or after that
date.
new text end

Sec. 6.

Minnesota Statutes 2004, section 169A.70, is
amended by adding a subdivision to read:

new text begin Subd. 6. new text end

new text begin Method of assessment. new text end

new text begin (a) As used in this
subdivision, "collateral contact" means an oral or written
communication initiated by an assessor for the purpose of
gathering information from an individual or agency, other than
the offender, to verify or supplement information provided by
the offender during an assessment under this section. The term
includes contacts with family members, criminal justice
agencies, educational institutions, and employers.
new text end

new text begin (b) An assessment conducted under this section must include
at least one personal interview with the offender designed to
make a determination about the extent of the offender's past and
present chemical and alcohol use or abuse. It must also include
collateral contacts and a review of relevant records or reports
regarding the offender including, but not limited to, police
reports, arrest reports, driving records, chemical testing
records, and test refusal records. If the offender has a
probation officer, the officer must be the subject of a
collateral contact under this subdivision. If an assessor is
unable to make collateral contacts, the assessor shall specify
why collateral contacts were not made.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to chemical use assessments made on or after that
date.
new text end

Sec. 7.

Minnesota Statutes 2004, section 169A.70, is
amended by adding a subdivision to read:

new text begin Subd. 7. new text end

new text begin Preconviction assessment. new text end

new text begin (a) The court may not
accept a chemical use assessment conducted before conviction as
a substitute for the assessment required by this section unless
the court ensures that the preconviction assessment meets the
standards described in this section.
new text end

new text begin (b) If the commissioner of public safety is making a
decision regarding reinstating a person's driver's license based
on a chemical use assessment, the commissioner shall ensure that
the assessment meets the standards described in this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to chemical use assessments made on or after that
date.
new text end

Sec. 8. new text begin REPEALER.
new text end

new text begin Laws 2004, chapter 283, section 14, is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end