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SF 985

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 09/11/2013 03:46pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 2nd Engrossment

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A bill for an act
relating to public safety; modifying driver's license suspension and revocation
provisions for certain persons who commit criminal vehicular operation offenses;
expanding the ignition interlock device program to include these offenders;
allowing participants in original ignition interlock device program to drive
employer-owned vehicles not equipped with ignition interlock devices in certain
instances; amending Minnesota Statutes 2012, sections 169A.37, subdivision 1;
169A.51, subdivision 2; 169A.55, by adding a subdivision; 171.17, by adding
a subdivision; 171.30, subdivisions 1, 2a, by adding a subdivision; 171.306,
subdivisions 1, 4; proposing coding for new law in Minnesota Statutes, chapters
171; 629; repealing Minnesota Rules, parts 7503.0300, subpart 1; 7503.0800,
subpart 2.

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

Section 1.

Minnesota Statutes 2012, section 169A.37, subdivision 1, is amended to read:


Subdivision 1.

Crime described.

It is a crime for a person:

(1) to fail to comply with an impoundment order under section 169A.60
(administrative plate impoundment);

(2) to file a false statement under section 169A.60, subdivision 7, 8, or 14;

(3) to operate a self-propelled motor vehicle on a street or highway when the vehicle
is subject to an impoundment order issued under section 169A.60, unless specially coded
plates have been issued for the vehicle pursuant to section 169A.60, subdivision 13;

(4) to fail to notify the commissioner of the impoundment order when requesting
new plates;

(5) who is subject to a plate impoundment order under section 169A.60, to drive,
operate, or be in control of any motor vehicle during the impoundment period, unless the
vehicle new text begin is employer-owned and is not required to be equipped with an ignition interlock
device pursuant to section 12 or 171.306, subdivision 4, paragraph (b), or
new text end has specially
coded plates issued pursuant to section 169A.60, subdivision 13, and the person is validly
licensed to drive; or

(6) who is the transferee of a motor vehicle and who has signed a sworn statement
under section 169A.60, subdivision 14, to allow the previously registered owner to drive,
operate, or be in control of the vehicle during the impoundment period.

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2012, section 169A.51, subdivision 2, is amended to read:


Subd. 2.

Implied consent advisory.

new text begin (a) Subject to paragraph (b), new text end at the time a test is
requested, the person must be informed:

(1) that Minnesota law requires the person to take a test:

(i) to determine if the person is under the influence of alcohol, controlled substances,
or hazardous substances;

(ii) to determine the presence of a controlled substance listed in Schedule I or II or
metabolite, other than marijuana or tetrahydrocannabinols; and

(iii) if the motor vehicle was a commercial motor vehicle, to determine the presence
of alcohol;

(2) that refusal to take a test is a crime;

(3) if the peace officer has probable cause to believe the person has violated the
criminal vehicular homicide and injury laws, that a test will be taken with or without
the person's consent; and

(4) that the person has the right to consult with an attorney, but that this right is
limited to the extent that it cannot unreasonably delay administration of the test.

new text begin (b) A peace officer who is not pursuing an implied consent revocation is not required
to give the advisory described in paragraph (a) to a person whom the officer has probable
cause to believe has violated section 609.21, subdivision 1, clause (2), (3), (4), (5), or (6)
(criminal vehicular operation DWI-related provisions).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2014, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2012, section 169A.55, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Reinstatement of driving privileges; criminal vehicular operation. new text end

new text begin A
person whose driver's license has been revoked under section 171.17, subdivision 1,
paragraph (a), clause (1) (revocation, criminal vehicular operation), or suspended under
section 171.187 (suspension, criminal vehicular operation), for a violation of section
609.21, subdivision 1, clause (2), (3), (4), (5), or (6) (criminal vehicular operation
DWI-related provisions), shall not be eligible for reinstatement of driving privileges until
the person has submitted to the commissioner verification of the use of ignition interlock
for the applicable time period specified in those sections. To be eligible for reinstatement
under this subdivision, a person shall utilize an ignition interlock device that meets the
performance standards and certification requirements under subdivision 4, paragraph (c).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2014, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2012, section 171.17, is amended by adding a subdivision
to read:


new text begin Subd. 4. new text end

new text begin Criminal vehicular operation; revocation periods. new text end

new text begin (a) As used in this
subdivision, "qualified prior impaired driving incident" has the meaning given in section
169A.03, subdivision 22.
new text end

new text begin (b) Upon receiving a record of a conviction for a violation of section 609.21,
subdivision 1, clause (2), (3), (4), (5), or (6), the commissioner shall revoke the driver's
license or driving privileges of a person as follows:
new text end

new text begin (1) not less than ten years if the violation resulted in great bodily harm or death to
another and the person has two or more qualified prior impaired driving incidents within
the past ten years or three or more qualified prior impaired driving incidents, and with
denial under section 171.04, subdivision 1, clause (10), until rehabilitation is established
according to standards established by the commissioner;
new text end

new text begin (2) not less than eight years if the violation resulted in great bodily harm or death
to another and the person has a qualified prior impaired driving incident within the past
ten years;
new text end

new text begin (3) not less than six years if the violation resulted in great bodily harm or death
to another;
new text end

new text begin (4) not less than six years if the violation resulted in bodily harm or substantial bodily
harm to another and the person has two or more qualified prior impaired driving incidents
within the past ten years or three or more qualified prior impaired driving incidents,
and with denial under section 171.04, subdivision 1, clause (10), until rehabilitation is
established according to standards established by the commissioner;
new text end

new text begin (5) not less than four years if the violation resulted in bodily harm or substantial
bodily harm to another and the person has a qualified prior impaired driving incident
within the past ten years; or
new text end

new text begin (6) not less than two years if the violation resulted in bodily harm or substantial
bodily harm to another.
new text end

new text begin (c) Section 169A.09 applies when determining the number of qualified prior
impaired driving incidents under this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2014, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

new text begin [171.187] SUSPENSION; CRIMINAL VEHICULAR OPERATION AND
MANSLAUGHTER.
new text end

new text begin Subdivision 1. new text end

new text begin Suspension required. new text end

new text begin The commissioner shall suspend the driver's
license of a person:
new text end

new text begin (1) for whom a peace officer has made the certification described in section 629.344
that probable cause exists to believe that the person violated section 609.21, subdivision 1,
clause (2), (3), (4), (5), or (6); or
new text end

new text begin (2) who has been formally charged with a violation of section 609.20, 609.205, or
609.21, resulting from the operation of a motor vehicle.
new text end

new text begin Subd. 2. new text end

new text begin Suspension period. new text end

new text begin A suspension under this section continues until:
new text end

new text begin (1) the conviction, acquittal, or dismissal of the underlying crime that resulted in
the suspension; or
new text end

new text begin (2) the commissioner, acting under subdivision 4, orders the termination of the
suspension.
new text end

new text begin Subd. 3. new text end

new text begin Credit. new text end

new text begin If a person whose driver's license was suspended under subdivision
1 is later convicted of the underlying offense that resulted in the suspension and the
commissioner revokes the person's license, the commissioner shall credit the time accrued
under the suspension period toward the revocation period imposed under section 171.17,
subdivision 4, or for violations of section 609.20, 609.205, or 609.21, subdivision 1,
clause (1), (7), or (8).
new text end

new text begin Subd. 4. new text end

new text begin Administrative review of license suspension. new text end

new text begin (a) At any time during
which a person's driver's license is suspended under this section, the person may request in
writing a review of the suspension by the commissioner. Upon receiving a request, the
commissioner or the commissioner's designee shall review the order of suspension, the
evidence upon which the order was based, and any other material information brought
to the attention of the commissioner, and determine whether sufficient cause exists to
sustain the order. Within 15 days of receiving the request, the commissioner shall report in
writing the results of the review. The review provided in this subdivision is not subject to
the contested case provisions in chapter 14.
new text end

new text begin (b) In addition to any other reason provided for in this subdivision, a person may
request a review of the suspension by the commissioner if the suspension has been in place
for at least three months and the person has not been indicted or formally charged with the
underlying crime that resulted in the license suspension.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2014, and applies to crimes
committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2012, section 171.30, subdivision 1, is amended to read:


Subdivision 1.

Conditions of issuance.

(a) The commissioner may issue a limited
license to the driver under the conditions in paragraph (b) in any case where a person's
license has been:

(1) suspended under section 171.18, 171.173, deleted text begin ordeleted text end 171.186new text begin , or 171.187new text end ;

(2) revoked, canceled, or denied under section:

(i) 169.792;

(ii) 169.797;

(iii) 169A.52:

(A) subdivision 3, paragraph (a), clause (1) or (2);

(B) subdivision 3, paragraph (a), clause (4), (5), or (6), if in compliance with section
171.306;

(C) subdivision 4, paragraph (a), clause (1) or (2), if the test results indicate an
alcohol concentration of less than twice the legal limit;

(D) subdivision 4, paragraph (a), clause (4), (5), or (6), if in compliance with section
171.306;

(iv) 171.17; or

(v) 171.172; or

(3) revoked, canceled, or denied under section 169A.54:

(i) subdivision 1, clause (1), if the test results indicate an alcohol concentration
of less than twice the legal limit;

(ii) subdivision 1, clause (2);

(iii) subdivision 1, clause (5), (6), or (7), if in compliance with section 171.306; or

(iv) subdivision 2, if the person does not have a qualified prior impaired driving
incident as defined in section 169A.03, subdivision 22, on the person's record, and the test
results indicate an alcohol concentration of less than twice the legal limit.

(b) The following conditions for a limited license under paragraph (a) include:

(1) if the driver's livelihood or attendance at a chemical dependency treatment or
counseling program depends upon the use of the driver's license;

(2) if the use of a driver's license by a homemaker is necessary to prevent the
substantial disruption of the education, medical, or nutritional needs of the family of
the homemaker; or

(3) if attendance at a postsecondary institution of education by an enrolled student of
that institution depends upon the use of the driver's license.

(c) The commissioner in issuing a limited license may impose such conditions and
limitations as in the commissioner's judgment are necessary to the interests of the public
safety and welfare including reexamination as to the driver's qualifications. The license
may be limited to the operation of particular vehicles, to particular classes and times of
operation, and to particular conditions of traffic. The commissioner may require that an
applicant for a limited license affirmatively demonstrate that use of public transportation
or carpooling as an alternative to a limited license would be a significant hardship.

(d) For purposes of this subdivision:

(1) "homemaker" refers to the person primarily performing the domestic tasks in a
household of residents consisting of at least the person and the person's dependent child
or other dependents; and

(2) "twice the legal limit" means an alcohol concentration of two times the limit
specified in section 169A.20, subdivision 1, clause (5).

(e) The limited license issued by the commissioner shall clearly indicate the
limitations imposed and the driver operating under the limited license shall have the
license in possession at all times when operating as a driver.

(f) In determining whether to issue a limited license, the commissioner shall consider
the number and the seriousness of prior convictions and the entire driving record of the
driver and shall consider the number of miles driven by the driver annually.

(g) If the person's driver's license or permit to drive has been revoked under
section 169.792 or 169.797, the commissioner may only issue a limited license to the
person after the person has presented an insurance identification card, policy, or written
statement indicating that the driver or owner has insurance coverage satisfactory to
the commissioner of public safety. The commissioner of public safety may require
the insurance identification card provided to satisfy this subdivision be certified by the
insurance company to be noncancelable for a period not to exceed 12 months.

(h) The limited license issued by the commissioner to a person under section
171.186, subdivision 4, must expire 90 days after the date it is issued. The commissioner
must not issue a limited license to a person who previously has been issued a limited
license under section 171.186, subdivision 4.

(i) The commissioner shall not issue a limited driver's license to any person
described in section 171.04, subdivision 1, clause (6), (7), (8), (11), or (14).

(j) The commissioner shall not issue a class A, class B, or class C limited license.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2014, and applies to crimes
committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2012, section 171.30, subdivision 2a, is amended to read:


Subd. 2a.

Other waiting periods.

Notwithstanding subdivision 2, a limited license
shall not be issued for a period of:

(1) 15 days, to a person whose license or privilege has been revoked or suspended
for a first violation of section 169A.20, sections 169A.50 to 169A.53, or a statute or
ordinance from another state in conformity with either of those sections; or

(2) one year, to a person whose license or privilege has been revoked or suspended
for committing manslaughter resulting from the operation of a motor vehicle, committing
criminal vehicular homicide or injury under section 609.21new text begin , subdivision 1, clause (1), (7),
or (8)
new text end , or violating a statute or ordinance from another state in conformity with either of
those offenses.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2014, and applies to crimes
committed on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2012, section 171.30, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Exception; criminal vehicular operation. new text end

new text begin Notwithstanding subdivision
1, the commissioner may not issue a limited license to a person whose driver's license
has been suspended or revoked due to a violation of section 609.21, subdivision 1, clause
(2), (3), (4), (5), or (6).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2014, and applies to crimes
committed on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2012, section 171.306, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) As used in this section, the terms in this subdivision
have the meanings given them.

(b) "Ignition interlock device" or "device" means equipment that is designed to
measure breath alcohol concentration and to prevent a motor vehicle's ignition from being
started by a person whose breath alcohol concentration measures 0.02 or higher on the
equipment.

(c) "Program participant" means a person new text begin who has qualified to take part in the
ignition interlock program under this section, and
new text end whose driver's license has beennew text begin :
new text end

new text begin (1)new text end revoked, canceled, or denied under section 169A.52, 169A.54, or 171.04,
subdivision 1
, clause (10)deleted text begin , and who has qualified to take part in the ignition interlock
program under this section
deleted text end new text begin ; or
new text end

new text begin (2) revoked under section 171.17, subdivision 1, paragraph (a), clause (1), or
suspended under section 171.187, for a violation of section 609.21, subdivision 1, clause
(2), (3), (4), (5), or (6)
new text end .

(d) "Qualified prior impaired driving incident" has the meaning given in section
169A.03, subdivision 22.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2014, and applies to crimes
committed on or after that date.
new text end

Sec. 10.

Minnesota Statutes 2012, section 171.306, subdivision 4, is amended to read:


Subd. 4.

Issuance of restricted license.

(a) The commissioner shall issue a class
D driver's license, subject to the applicable limitations and restrictions of this section,
to a program participant who meets the requirements of this section and the program
guidelines. The commissioner shall not issue a license unless the program participant has
provided satisfactory proof that:

(1) a certified ignition interlock device has been installed on the participant's motor
vehicle at an installation service center designated by the device's manufacturer; and

(2) the participant has insurance coverage on the vehicle equipped with the ignition
interlock device. The commissioner shall require the participant to present an insurance
identification card, policy, or written statement as proof of insurance coverage, and may
require the insurance identification card provided be certified by the insurance company to
be noncancelable for a period not to exceed 12 months.

(b) A license issued under authority of this section must contain a restriction
prohibiting the program participant from driving, operating, or being in physical control of
any motor vehicle not equipped with a functioning ignition interlock device certified by
the commissioner. A participant may drive an employer-owned vehicle not equipped with
an interlock device while in the normal course and scope of employment duties pursuant
to the program guidelines established by the commissioner and with the employer's
written consent.

(c) A program participant whose driver's license has beennew text begin : (1)new text end revoked under section
169A.52, subdivision 3, paragraph (a), clause (1), (2), or (3), or subdivision 4, paragraph
(a), clause (1), (2), or (3), or section 169A.54, subdivision 1, clause (1), (2), (3), or (4)deleted text begin ,deleted text end new text begin ; or
(2) revoked under section 171.17, subdivision 1, paragraph (a), clause (1), or suspended
under section 171.187, for a violation of section 609.21, subdivision 1, clause (2), (3),
(4), (5), or (6);
new text end may apply for conditional reinstatement of the driver's license, subject to
the ignition interlock restriction.

(d) A program participant whose driver's license has been revoked, canceled, or
denied under section 169A.52, subdivision 3, paragraph (a), clause (4), (5), or (6), or
subdivision 4, paragraph (a), clause (4), (5), or (6), or section 169A.54, subdivision 1,
clause (5), (6), or (7), may apply for a limited license, subject to the ignition interlock
restriction, if the program participant is enrolled in a licensed chemical dependency
treatment or rehabilitation program as recommended in a chemical use assessment, and if
the participant meets the other applicable requirements of section 171.30. After completing
a licensed chemical dependency treatment or rehabilitation program and one year of limited
license use without violating the ignition interlock restriction, the conditions of limited
license use, or program guidelines, the participant may apply for conditional reinstatement
of the driver's license, subject to the ignition interlock restriction. If the program
participant's ignition interlock device subsequently registers a positive breath alcohol
concentration of 0.02 or higher, the commissioner shall cancel the driver's license, and the
program participant may apply for another limited license according to this paragraph.

(e) Notwithstanding any statute or rule to the contrary, the commissioner has
authority to determine when a program participant is eligible for restoration of full driving
privileges, except that the commissioner shall not reinstate full driving privileges until the
program participant has met all applicable prerequisites for reinstatement under section
169A.55 and until the program participant's device has registered no positive breath
alcohol concentrations of 0.02 or higher during the preceding 90 days.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2014, and applies to crimes
committed on or after that date.
new text end

Sec. 11.

new text begin [629.344] CRIMINAL VEHICULAR OPERATION AND
MANSLAUGHTER; CERTIFICATION OF PROBABLE CAUSE BY PEACE
OFFICER.
new text end

new text begin If a peace officer determines that probable cause exists to believe that a person has
violated section 609.21, subdivision 1, clause (2), (3), (4), (5), or (6), the officer shall
certify this determination and notify the commissioner of public safety.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2014, and applies to crimes
committed on or after that date.
new text end

Sec. 12. new text begin ORIGINAL IGNITION INTERLOCK DEVICE PROGRAM; USE
OF EMPLOYER-OWNED VEHICLES.
new text end

new text begin A person participating in the ignition interlock device program under Minnesota
Statutes 2009, section 171.305, may drive an employer-owned vehicle not equipped with
an interlock device while in the normal course and scope of employment duties pursuant to
the program guidelines established by the commissioner referenced in Minnesota Statutes,
section 171.306, subdivision 4, paragraph (b), and with the employer's written consent.
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

Sec. 13. new text begin REPEALER.
new text end

new text begin Minnesota Rules, parts 7503.0300, subpart 1; and 7503.0800, subpart 2, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2014.
new text end