1.1 A bill for an act
1.2 relating to crimes; driving while impaired; reducing
1.3 the legal limit for alcohol concentration from 0.10 to
1.4 0.04 for youth under age 19 for operating any kind of
1.5 vehicle; creating a zero-tolerance standard for school
1.6 bus drivers; advancing criminal penalties and
1.7 administrative sanctions for committing a DWI crime
1.8 while having an alcohol concentration of 0.20 or more;
1.9 expanding DWI laws to include snowmobiles, all-terrain
1.10 vehicles, and motorboats and repealing the separate
1.11 DWI laws relating to those recreational vehicles;
1.12 authorizing the imposition of a penalty assessment of
1.13 up to $1,000 for persons driving motor vehicles with
1.14 an alcohol concentration of 0.20 or more; creating an
1.15 enhanced gross misdemeanor-level DWI crime and
1.16 restructuring criminal penalties for DWI, including
1.17 the provision of mandatory minimum periods of
1.18 incarceration and home detention for repeat DWI
1.19 offenders; mandating pretrial and posttrial electronic
1.20 alcohol monitoring for certain offenders; advancing
1.21 license plate impoundment and motor vehicle forfeiture
1.22 by one offense; providing an administrative process
1.23 for forfeiture and permitting it to be based on
1.24 license revocation; authorizing peace officers to stop
1.25 vehicles bearing special series license plates;
1.26 enhancing criminal penalties for repeat violations
1.27 involving commercial motor vehicles; authorizing the
1.28 use of preliminary breath tests results for
1.29 prosecuting certain driving offenses; making technical
1.30 changes; providing enhanced criminal penalties and
1.31 civil sanctions; appropriating money; amending
1.32 Minnesota Statutes 1996, sections 84.83, subdivision
1.33 5; 84.91, subdivision 1; 84.911, subdivision 7;
1.34 84.927, subdivision 1; 86B.331, subdivision 1;
1.35 86B.705, subdivision 2; 97A.065, subdivision 2;
1.36 97B.065, subdivision 1; 97B.066, subdivisions 1, 5,
1.37 and by adding subdivisions; 168.042, subdivisions 1,
1.38 2, 4, 9, 11, and by adding a subdivision; 169.01,
1.39 subdivision 75, and by adding subdivisions; 169.121,
1.40 subdivisions 1, 1c, 2, 3, 3b, 3c, 4, 6, 11, and by
1.41 adding subdivisions; 169.1211, subdivision 1, and by
1.42 adding subdivisions; 169.1217; 169.1218; 169.123,
1.43 subdivisions 1, 2, 4, 5a, 5c, and 6; 169.126,
1.44 subdivision 1; 169.1261; 169.129; 171.07, by adding a
1.45 subdivision; 171.12, by adding a subdivision; 171.19;
1.46 171.20, subdivision 4; 171.30, by adding a
2.1 subdivision; 340A.503, subdivision 2; 357.021,
2.2 subdivision 1a; 364.09; 609.02, subdivision 2, and by
2.3 adding a subdivision; 609.105; 609.135, subdivision 2;
2.4 609.15, subdivision 2; 609.487, by adding a
2.5 subdivision; and 634.15, subdivision 2; proposing
2.6 coding for new law in Minnesota Statutes, chapter 168;
2.7 repealing Minnesota Statutes 1996, sections 84.873;
2.8 84.91, subdivisions 2, 3, 4, 5, 5a, 6, 7, and 8;
2.9 84.911, subdivisions 1, 2, 3, 4, 5, and 6; 84.912;
2.10 84.9254; 86B.331, subdivisions 2, 3, 4, 5, 5a, 6, 7,
2.11 and 8; 86B.335, subdivisions 1, 2, 3, 4, 5, 6, 7, 8,
2.12 9, 10, 11, and 12; 86B.337; 97B.066, subdivision 6;
2.13 and 169.121, subdivision 3a.
2.14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.15 Section 1. Minnesota Statutes 1996, section 84.83,
2.16 subdivision 5, is amended to read:
2.17 Subd. 5. [FINES AND FORFEITED BAIL.] The disposition of
2.18 fines and forfeited bail collected from prosecutions of
2.19 violations of sections 84.81 to 84.91, and violations of section
2.20 169.121 that involve off-road recreational vehicles, as defined
2.21 in section 169.01, subdivision 84, are governed by section
2.22 97A.065.
2.23 Sec. 2. Minnesota Statutes 1996, section 84.91,
2.24 subdivision 1, is amended to read:
2.25 Subdivision 1. [ACTS PROHIBITED.] (a) No person shall
2.26 operate or be in physical control of any snowmobile or
2.27 all-terrain vehicle anywhere in this state or on the ice of any
2.28 boundary water of this state:
2.29 (1) when the person is under the influence of alcohol;
2.30 (2) when the person is under the influence of a controlled
2.31 substance, as defined in section 152.01, subdivision 4;
2.32 (3) when the person is under the influence of a combination
2.33 of any two or more of the elements named in clauses (1), (2),
2.34 and (6);
2.35 (4) when the person's alcohol concentration is 0.10 or
2.36 more;
2.37 (5) when the person's alcohol concentration as measured
2.38 within two hours of the time of operating is 0.10 or more; or
2.39 (6) when the person is knowingly under the influence of any
2.40 chemical compound or combination of chemical compounds that is
2.41 listed as a hazardous substance in rules adopted under section
2.42 182.655 and that affects the nervous system, brain, or muscles
3.1 of the person so as to substantially impair the person's ability
3.2 to operate the snowmobile or all-terrain vehicle.
3.3 (b) No owner or other person having charge or control of
3.4 any snowmobile or all-terrain vehicle shall authorize or permit
3.5 any individual the person knows or has reason to believe is
3.6 under the influence of alcohol or a controlled substance or
3.7 other substance, as provided under paragraph (a), to operate the
3.8 snowmobile or all-terrain vehicle anywhere in this state or on
3.9 the ice of any boundary water of this state.
3.10 (c) (b) No owner or other person having charge or control
3.11 of any snowmobile or all-terrain vehicle shall knowingly
3.12 authorize or permit any person, who by reason of any physical or
3.13 mental disability is incapable of operating the vehicle, to
3.14 operate the snowmobile or all-terrain vehicle anywhere in this
3.15 state or on the ice of any boundary water of this state.
3.16 (c) A person who operates or is in physical control of a
3.17 snowmobile or all-terrain vehicle anywhere in this state or on
3.18 the ice of any boundary water of this state while under the
3.19 influence of alcohol, a controlled substance, or a hazardous
3.20 substance, is subject to the provisions of chapter 169 relating
3.21 to driving while impaired. In addition to the applicable
3.22 sanctions under chapter 169, a person who is convicted of
3.23 violating section 169.121 while operating a snowmobile or
3.24 all-terrain vehicle, or who refuses to comply with a lawful
3.25 request to submit to testing under section 169.123, shall be
3.26 prohibited from operating the snowmobile or all-terrain vehicle
3.27 for a period of one year. The commissioner shall notify the
3.28 convicted person of the period during which the person is
3.29 prohibited from operating a snowmobile or all-terrain vehicle.
3.30 The court shall promptly forward to the commissioner and the
3.31 department of public safety copies of all convictions and
3.32 criminal and civil sanctions imposed under this section and
3.33 chapter 169 relating to snowmobiles and all-terrain vehicles.
3.34 (d) A person who violates paragraph (a) or (b), or an
3.35 ordinance in conformity with either of them, is guilty of a
3.36 misdemeanor.
4.1 Sec. 3. Minnesota Statutes 1996, section 84.911,
4.2 subdivision 7, is amended to read:
4.3 Subd. 7. [CORONER TO REPORT DEATH.] Every coroner or
4.4 medical examiner shall report in writing to the department of
4.5 natural resources the death of any person within the
4.6 jurisdiction of the coroner or medical examiner as the result of
4.7 an accident involving a an off-road recreational motor vehicle,
4.8 as defined in section 84.90, subdivision 1 169.01, subdivision
4.9 84, and the circumstances of the accident. The report shall be
4.10 made within 15 days after the death.
4.11 In the case of drivers killed in off-road recreational
4.12 motor vehicle accidents and of the death of passengers 14 years
4.13 of age or older, who die within four hours after accident, the
4.14 coroner or medical examiner shall examine the body and shall
4.15 make tests as are necessary to determine the presence and
4.16 percentage concentration of alcohol, and drugs if feasible, in
4.17 the blood of the victim. This information shall be included in
4.18 each report submitted pursuant to the provisions of this
4.19 subdivision and shall be tabulated by the department of natural
4.20 resources. Periodically, the commissioner of natural resources
4.21 must transmit a summary of the reports to the commissioner of
4.22 public safety.
4.23 Sec. 4. Minnesota Statutes 1996, section 84.927,
4.24 subdivision 1, is amended to read:
4.25 Subdivision 1. [REGISTRATION REVENUE.] Fees from the
4.26 registration of all-terrain vehicles and the unrefunded gasoline
4.27 tax attributable to all-terrain vehicle use under section
4.28 296.16, as well as the net proceeds from the sale of all-terrain
4.29 vehicles forfeited pursuant to section 84.912 169.1217, shall be
4.30 deposited in the state treasury and credited to the all-terrain
4.31 vehicle account in the natural resources fund.
4.32 Sec. 5. Minnesota Statutes 1996, section 86B.331,
4.33 subdivision 1, is amended to read:
4.34 Subdivision 1. [ACTS PROHIBITED.] (a) A person may not
4.35 operate or be in physical control of a motorboat in operation on
4.36 the waters of this state:
5.1 (1) when the person is under the influence of alcohol;
5.2 (2) when the person is under the influence of a controlled
5.3 substance, as defined in section 152.01, subdivision 4;
5.4 (3) when the person is under the influence of a combination
5.5 of any two or more of the elements named in clauses (1), (2),
5.6 and (6);
5.7 (4) when the person's alcohol concentration is 0.10 or
5.8 more;
5.9 (5) when the person's alcohol concentration as measured
5.10 within two hours of the time of operating is 0.10 or more; or
5.11 (6) when the person is knowingly under the influence of any
5.12 chemical compound or combination of chemical compounds that is
5.13 listed as a hazardous substance in rules adopted under section
5.14 182.655 and that affects the nervous system, brain, or muscles
5.15 of the person so as to substantially impair the person's ability
5.16 to operate the motorboat.
5.17 (b) An owner or other person having charge or control of a
5.18 motorboat may not authorize or allow an individual the person
5.19 knows or has reason to believe is under the influence of alcohol
5.20 or a controlled or other substance, as provided under paragraph
5.21 (a), to operate the motorboat in operation on the waters of this
5.22 state.
5.23 (c) (b) An owner or other person having charge or control
5.24 of a motorboat may not knowingly authorize or allow a person,
5.25 who by reason of a physical or mental disability is incapable of
5.26 operating the motorboat, to operate the motorboat in operation
5.27 on the waters of this state.
5.28 (c) A person who operates or is in physical control of a
5.29 motorboat on the waters of this state while under the influence
5.30 of alcohol, a controlled substance, or a hazardous substance, is
5.31 subject to the provisions of chapter 169 relating to driving
5.32 while impaired. In addition to the applicable sanctions under
5.33 chapter 169, a person who is convicted of violating section
5.34 169.121 while operating a motorboat, shall be prohibited from
5.35 operating the motorboat on the waters of this state for a period
5.36 of 90 days between May 1 and October 31, extending over two
6.1 consecutive years if necessary. If the person operating the
6.2 motorboat refuses to comply with a lawful demand to submit to
6.3 testing under section 169.123, the person shall be prohibited
6.4 from operating the motorboat for a period of one year. The
6.5 commissioner shall notify the convicted person of the period
6.6 during which the person is prohibited from operating a
6.7 motorboat. The court shall promptly forward to the commissioner
6.8 and the department of public safety copies of all convictions
6.9 and criminal and civil sanctions imposed under this section and
6.10 chapter 169 relating to motorboats.
6.11 (d) A person who violates paragraph (a) or (b), or an
6.12 ordinance in conformity with either of them, is guilty of a
6.13 misdemeanor.
6.14 (d) (e) For purposes of this subdivision, a motorboat "in
6.15 operation" does not include a motorboat that is anchored,
6.16 beached, or securely fastened to a dock or other permanent
6.17 mooring, or a motorboat that is being rowed or propelled by
6.18 other than mechanical means.
6.19 Sec. 6. Minnesota Statutes 1996, section 86B.705,
6.20 subdivision 2, is amended to read:
6.21 Subd. 2. [FINES AND BAIL MONEY.] (a) All fines,
6.22 installment payments, and forfeited bail money collected from
6.23 persons convicted of violations of this chapter, or of a
6.24 violation of section 169.121 involving a motorboat, shall be
6.25 paid to the county treasurer of the county where the violation
6.26 occurred by the court administrator or other person collecting
6.27 the money within 15 days after the last day of the month the
6.28 money was collected.
6.29 (b) One-half of the receipts shall be credited to the
6.30 general revenue fund of the county. The other one-half of the
6.31 receipts shall be transmitted by the county treasurer to the
6.32 commissioner of natural resources to be deposited in the state
6.33 treasury and credited to the water recreation account for the
6.34 purpose of boat and water safety.
6.35 Sec. 7. Minnesota Statutes 1996, section 97A.065,
6.36 subdivision 2, is amended to read:
7.1 Subd. 2. [FINES AND FORFEITED BAIL.] (a) Fines and
7.2 forfeited bail collected from prosecutions of violations of:
7.3 the game and fish laws,; sections 84.091 to 84.15, and; sections
7.4 84.81 to 84.88,; section 169.121, when the violation involved an
7.5 off-road recreational vehicle as defined in section 169.01,
7.6 subdivision 84; chapter 348,; and any other law relating to wild
7.7 animals, and or aquatic vegetation, must be paid to the
7.8 treasurer of the county where the violation is prosecuted. The
7.9 county treasurer shall submit one-half of the receipts to the
7.10 commissioner and credit the balance to the county general
7.11 revenue fund except as provided in paragraphs (b), (c), and (d).
7.12 (b) The commissioner must reimburse a county, from the game
7.13 and fish fund, for the cost of keeping prisoners prosecuted for
7.14 violations under this section if the county board, by
7.15 resolution, directs: (1) the county treasurer to submit all
7.16 fines and forfeited bail to the commissioner; and (2) the county
7.17 auditor to certify and submit monthly itemized statements to the
7.18 commissioner.
7.19 (c) The county treasurer shall indicate the amount of the
7.20 receipts that are assessments or surcharges imposed under
7.21 section 609.101 and shall submit all of those receipts to the
7.22 commissioner. The receipts must be credited to the game and
7.23 fish fund to provide peace officer training for persons employed
7.24 by the commissioner who are licensed under section 626.84,
7.25 subdivision 1, clause (c), and who possess peace officer
7.26 authority for the purpose of enforcing game and fish laws.
7.27 (d) The county treasurer shall submit one-half of the
7.28 receipts collected under paragraph (a) from prosecutions of
7.29 violations of sections 84.81 to 84.91, and 169.121, including
7.30 receipts that are assessments or surcharges imposed under
7.31 section 609.101, to the commissioner and credit the balance to
7.32 the county general fund. The commissioner shall credit these
7.33 receipts to the snowmobile trails and enforcement account in the
7.34 natural resources fund.
7.35 Sec. 8. Minnesota Statutes 1996, section 97B.065,
7.36 subdivision 1, is amended to read:
8.1 Subdivision 1. [ACTS PROHIBITED.] (a) A person may not
8.2 take wild animals with a firearm or by archery:
8.3 (1) when the person is under the influence of alcohol;
8.4 (2) when the person is under the influence of a controlled
8.5 substance, as defined in section 152.01, subdivision 4;
8.6 (3) when the person is under the influence of a combination
8.7 of any two or more of the elements in clauses (1) and, (2), and
8.8 (7);
8.9 (4) when the person's alcohol concentration is 0.10 or
8.10 more;
8.11 (5) when the person's alcohol concentration as measured
8.12 within two hours of the time of taking is 0.10 or more; or
8.13 (6) when the person's alcohol concentration is 0.04 or more
8.14 at the time of taking, or as measured within two hours of the
8.15 time of taking, if the person is under the age of 19 years at
8.16 the time of the violation; or
8.17 (7) when the person is knowingly under the influence of any
8.18 chemical compound or combination of chemical compounds that is
8.19 listed as a hazardous substance in rules adopted under section
8.20 182.655 and that affects the nervous system, brain, or muscles
8.21 of the person so as to substantially impair the person's ability
8.22 to operate a firearm or bow and arrow.
8.23 (b) An owner or other person having charge or control of a
8.24 firearm or bow and arrow may not authorize or permit an
8.25 individual the person knows or has reason to believe is under
8.26 the influence of alcohol or a controlled substance, as provided
8.27 under paragraph (a), to possess the firearm or bow and arrow in
8.28 this state or on a boundary water of this state.
8.29 Sec. 9. Minnesota Statutes 1996, section 97B.066,
8.30 subdivision 1, is amended to read:
8.31 Subdivision 1. [MANDATORY CHEMICAL TESTING.] A person who
8.32 takes wild animals with a bow or firearm in this state or on a
8.33 boundary water of this state is required, subject to the
8.34 provisions of this section, to take or submit to a test of the
8.35 person's blood, breath, or urine for the purpose of determining
8.36 the presence and amount of alcohol or a controlled substance.
9.1 The test shall be administered at the direction of an officer
9.2 authorized to make arrests under section 97B.065, subdivision
9.3 2. Taking or submitting to the test is mandatory when requested
9.4 by an officer who has probable cause to believe the person was
9.5 hunting in violation of section 97B.065, subdivision 1,
9.6 paragraph (a), and one of the following conditions exists:
9.7 (1) the person has been lawfully placed under arrest for
9.8 violating section 97B.065, subdivision 1, paragraph (a);
9.9 (2) the person has been involved while hunting in an
9.10 accident resulting in property damage, personal injury, or
9.11 death;
9.12 (3) the person has refused to take the preliminary
9.13 screening test provided for in section 97B.065, subdivision 3;
9.14 or
9.15 (4) the screening test was administered and indicated an
9.16 alcohol concentration of 0.10 or more; or
9.17 (5) the screening test was administered and indicated an
9.18 alcohol concentration of 0.04 or more, if the person is under
9.19 the age of 19 years at the time of the violation.
9.20 Sec. 10. Minnesota Statutes 1996, section 97B.066,
9.21 subdivision 5, is amended to read:
9.22 Subd. 5. [CHEMICAL TESTS.] Chemical tests administered
9.23 under this section are governed by section 86B.335, subdivisions
9.24 8, 9, and 10 169.123, subdivisions 2b, 2c, and 3.
9.25 Sec. 11. Minnesota Statutes 1996, section 97B.066, is
9.26 amended by adding a subdivision to read:
9.27 Subd. 7. [ADMINISTRATIVE REVIEW.] (a) At any time during
9.28 the period of prohibition or revocation imposed under this
9.29 section, the person may request in writing a review of the order
9.30 imposing sanctions under this section. If the person makes a
9.31 request for administrative review within 30 days following
9.32 receipt of a notice and order imposing sanctions, the request
9.33 shall stay imposition of the civil penalty. Upon receiving the
9.34 request for review, the commissioner or the commissioner's
9.35 designee shall review the order, the evidence upon which the
9.36 order was based, and other material information brought to the
10.1 attention of the commissioner and determine whether sufficient
10.2 cause exists to sustain the order.
10.3 (b) Within 15 days after receiving the request, the
10.4 commissioner shall issue a written report ordering that the
10.5 prohibition, revocation, or civil penalty be either sustained or
10.6 rescinded. The review provided in this subdivision is not
10.7 subject to the contested case provisions of the Administrative
10.8 Procedure Act under chapter 14. The availability of
10.9 administrative review does not have an effect upon the
10.10 availability of judicial review under this section.
10.11 Sec. 12. Minnesota Statutes 1996, section 97B.066, is
10.12 amended by adding a subdivision to read:
10.13 Subd. 8. [JUDICIAL REVIEW.] (a) Within 30 days following
10.14 receipt of a notice and order imposing sanctions under this
10.15 section, a person may petition the court for review. The
10.16 petition must be filed with the district court administrator in
10.17 the county where the incident occurred giving rise to the test
10.18 demand and refusal, together with proof of service of a copy on
10.19 the commissioner and the prosecuting authority for misdemeanor
10.20 offenses for the jurisdiction in which the incident occurred. A
10.21 responsive pleading is not required of the commissioner of
10.22 natural resources, and court fees may not be charged for the
10.23 appearance of the representative of the commissioner in the
10.24 matter.
10.25 (b) The petition must be captioned in the name of the
10.26 person making the petition as petitioner and the commissioner as
10.27 respondent. The petition must state specifically the grounds
10.28 upon which the petitioner seeks rescission of the order imposing
10.29 sanctions.
10.30 (c) The filing of the petition does not stay the revocation
10.31 or prohibition against hunting. However, the filing of a
10.32 petition stays imposition of the civil penalty. The judicial
10.33 review shall be conducted according to the rules of civil
10.34 procedure.
10.35 Sec. 13. Minnesota Statutes 1996, section 97B.066, is
10.36 amended by adding a subdivision to read:
11.1 Subd. 9. [HEARING.] (a) A hearing under this section must
11.2 be before a district court judge in the county where the
11.3 incident occurred which gave rise to the test demand and
11.4 refusal. The hearing must be to the court and may be conducted
11.5 at the same time as hearings upon pretrial motions in the
11.6 criminal prosecution under section 97B.065. The hearing must be
11.7 recorded. The commissioner must be represented by the
11.8 prosecuting authority for misdemeanor offenses for the
11.9 jurisdiction in which the incident occurred which gave rise to
11.10 the test demand and refusal.
11.11 (b) The hearing must be held at the earliest practicable
11.12 date and in any event no later than 60 days following the filing
11.13 of the petition for review. The reviewing court may order a
11.14 temporary stay of the balance of the prohibition or revocation
11.15 if the hearing has not been conducted within 60 days after
11.16 filing of the petition, upon the application of the petitioner
11.17 and upon terms the court deems proper.
11.18 (c) The scope of the hearing must be limited to the issues
11.19 of:
11.20 (1) whether the officer had probable cause to believe that
11.21 the person violated section 97B.065;
11.22 (2) whether one of the conditions in subdivision 1 existed;
11.23 (3) whether the person was informed as prescribed in
11.24 subdivision 3; and
11.25 (4) whether the person refused to submit to testing.
11.26 (d) It is an affirmative defense for the petitioner to
11.27 prove that, at the time of the refusal, the petitioner's refusal
11.28 to permit the test was based upon reasonable grounds.
11.29 (e) The court shall order that the prohibition or
11.30 revocation be either sustained or rescinded and shall either
11.31 sustain or rescind the civil penalty. The court shall forward a
11.32 copy of the order to the commissioner.
11.33 Sec. 14. Minnesota Statutes 1996, section 97B.066, is
11.34 amended by adding a subdivision to read:
11.35 Subd. 10. [PAYMENT OF CIVIL PENALTY.] The civil penalty
11.36 imposed under subdivision 2 must be paid to the political
12.1 subdivision that represents the commissioner on the petition for
12.2 judicial review or, in the event that a petition is not filed,
12.3 to the political subdivision that would have represented the
12.4 commissioner had a petition been filed. If a person does not
12.5 pay the civil penalty, the prohibition against hunting is
12.6 automatically extended until the political subdivision reports
12.7 to the commissioner in writing that the penalty has been paid.
12.8 Sec. 15. Minnesota Statutes 1996, section 97B.066, is
12.9 amended by adding a subdivision to read:
12.10 Subd. 11. [ENFORCEMENT OF CIVIL PENALTY.] (a) If a person
12.11 does not pay the civil penalty imposed under subdivision 2
12.12 within 30 days of the date it was imposed, the prosecuting
12.13 authority representing the commissioner may petition the
12.14 district court in the county where the incident occurred to file
12.15 the order imposing the civil penalty as an order of the court.
12.16 (b) Once entered, the order may be enforced in the same
12.17 manner as a final judgment of the court. In addition to the
12.18 penalty, attorney fees, costs, and interest may be assessed
12.19 against any person who fails to pay the civil penalty.
12.20 Sec. 16. Minnesota Statutes 1996, section 168.042,
12.21 subdivision 1, is amended to read:
12.22 Subdivision 1. [DEFINITIONS.] (a) For purposes of this
12.23 section, the following terms have the meanings given.
12.24 (b) "Violator" means a person who was driving, operating,
12.25 or in physical control of the motor vehicle when the violation
12.26 occurred.
12.27 (c) "Violation" means:
12.28 (1) a violation of section 169.123 or an impaired driving
12.29 conviction as defined in section 169.121, subdivision 3, that
12.30 results in the revocation of a person's driver's license or
12.31 driving privileges, and also includes an alcohol-related license
12.32 revocation from another state;
12.33 (2) a violation of section 169.129; and
12.34 (3) a violation of section 171.24 by a person whose
12.35 driver's license or driving privileges have been canceled under
12.36 section 171.04, subdivision 1, clause (8). includes:
13.1 (1) a violation of section 169.121, subdivision 1, clause
13.2 (a), (b), (c), (d), (e), (f), (h), or (i), subdivision 1a, or a
13.3 conforming ordinance from this state or a conforming statute or
13.4 ordinance from another state:
13.5 (i) within five years of a prior impaired driving
13.6 conviction or a prior license revocation; or
13.7 (ii) within 15 years of two or more prior impaired driving
13.8 convictions, two or more prior license revocations, or a prior
13.9 impaired driving conviction and a prior license revocation,
13.10 based on separate incidents;
13.11 (2) a violation of section 169.121, subdivision 1, clause
13.12 (g), or section 169.121, subdivision 3, paragraph (c), clause
13.13 (4);
13.14 (3) a violation of section 169.129; and
13.15 (4) a violation of section 171.24 by a person whose
13.16 driver's license or driving privileges have been canceled under
13.17 section 171.04, subdivision 1, clause (9).
13.18 (d) "Prior impaired driving conviction" has the meaning
13.19 given it in section 169.121, subdivision 3.
13.20 (e) "Prior license revocation" has the meaning given it in
13.21 section 169.121, subdivision 3.
13.22 Sec. 17. Minnesota Statutes 1996, section 168.042,
13.23 subdivision 2, is amended to read:
13.24 Subd. 2. [VIOLATION; ISSUANCE OF IMPOUNDMENT ORDER.] The
13.25 commissioner shall issue a registration plate impoundment order
13.26 when:
13.27 (1) a person's driver's license or driving privileges are
13.28 revoked for a third violation. , as defined in subdivision 1,
13.29 paragraph (c), clause (1), within five years or a fourth or
13.30 subsequent violation, as defined in subdivision 1, paragraph
13.31 (c), clause (1), within 15 years;
13.32 (2) a person's driver's license or driving privileges are
13.33 revoked for a violation of section 169.121, subdivision 3,
13.34 paragraph (c), clause (4), within five years of one previous
13.35 violation or within 15 years of two or more previous violations,
13.36 as defined in subdivision 1, paragraph (c), clause (1); or
14.1 (3) a person is arrested for or charged with a violation
14.2 described in subdivision 1, paragraph (c), clause (2) or (3).
14.3 The order shall require the impoundment of the registration
14.4 plates of the self-propelled motor vehicle involved in the
14.5 violation and all self-propelled motor vehicles owned by,
14.6 registered, or leased in the name of the violator, including
14.7 self-propelled motor vehicles registered jointly or leased in
14.8 the name of the violator and another. An impoundment order
14.9 shall not be issued for the registration plates of a rental
14.10 vehicle as defined in section 168.041, subdivision 10, or a
14.11 vehicle registered in another state.
14.12 Sec. 18. Minnesota Statutes 1996, section 168.042,
14.13 subdivision 4, is amended to read:
14.14 Subd. 4. [PEACE OFFICER AS AGENT FOR NOTICE OF
14.15 IMPOUNDMENT.] On behalf of the commissioner, a peace officer
14.16 issuing a notice of intent to revoke and of revocation under
14.17 section 169.123 for a violation shall also serve a notice of
14.18 intent to impound and an order of impoundment if the violation
14.19 is the third violation, as defined in subdivision 1, paragraph
14.20 (c), clause (1), within five years or the fourth or subsequent
14.21 violation, as defined in subdivision 1, paragraph (c), clause
14.22 (1), within 15 years. On behalf of the commissioner, a peace
14.23 officer who is arresting a person for or charging a person with
14.24 a violation described in subdivision 1, paragraph (c), clause
14.25 (2) or (3), shall also serve a notice of intent to impound and
14.26 an order of impoundment. If the vehicle involved in the
14.27 violation is accessible to the officer at the time the
14.28 impoundment order is issued, the officer shall seize the
14.29 registration plates subject to the impoundment order. The
14.30 officer shall destroy all plates seized or impounded under this
14.31 section. The officer shall send to the commissioner copies of
14.32 the notice of intent to impound and the order of impoundment and
14.33 a notice that registration plates impounded and seized under
14.34 this section have been destroyed.
14.35 Sec. 19. Minnesota Statutes 1996, section 168.042,
14.36 subdivision 9, is amended to read:
15.1 Subd. 9. [ADMINISTRATIVE REVIEW.] At any time during the
15.2 effective period of an impoundment order, a person may request
15.3 in writing a review of the impoundment order by the
15.4 commissioner. On receiving a request, the commissioner or the
15.5 commissioner's designee shall review the order, the evidence
15.6 upon which the order was based, and any other material
15.7 information brought to the attention of the commissioner, and
15.8 determine whether sufficient cause exists to sustain the order.
15.9 The commissioner shall report in writing the results of the
15.10 review within 15 days of receiving the request. The review
15.11 provided in this subdivision is not subject to the contested
15.12 case provisions of the administrative procedure act in sections
15.13 14.01 to 14.69. As a result of this review, the commissioner
15.14 may authorize the issuance at no cost of new registration plates
15.15 to the registered owner of the vehicle if the registered owner's
15.16 license or driving privileges were not revoked under section
15.17 169.123 or as a result of an impaired driving conviction as
15.18 defined in section 169.121, subdivision 3 the violation.
15.19 Review under this subdivision shall take place, if
15.20 possible, at the same time as any administrative review of the
15.21 person's license revocation under section 169.123, subdivision
15.22 5b.
15.23 Sec. 20. Minnesota Statutes 1996, section 168.042,
15.24 subdivision 11, is amended to read:
15.25 Subd. 11. [RESCISSION OF REVOCATION; DISMISSAL OF CHARGES
15.26 OR ACQUITTAL; ISSUANCE OF NEW PLATES.] If:
15.27 (1) the driver's license revocation that is the basis for
15.28 an impoundment order is rescinded,;
15.29 (2) the charges for the violation have been dismissed with
15.30 prejudice; or
15.31 (3) the violator has been acquitted of the violation;
15.32 then the registrar of motor vehicles shall issue new
15.33 registration plates for the vehicle at no cost, when the
15.34 registrar receives an application that includes a copy of the
15.35 order rescinding the driver's license revocation, the order
15.36 dismissing the charges, or the judgment of acquittal. If the
16.1 impoundment order was based on a violation described in
16.2 subdivision 1, paragraph (c), clause (2) or (3), and the charges
16.3 have been dismissed with prejudice or the violator has been
16.4 acquitted of the violation, the registrar of motor vehicles
16.5 shall issue new registration plates for the vehicle at no cost,
16.6 when the registrar receives an application that includes a copy
16.7 of the order dismissing the charges or a copy of the judgment of
16.8 acquittal.
16.9 Sec. 21. Minnesota Statutes 1996, section 168.042, is
16.10 amended by adding a subdivision to read:
16.11 Subd. 11a. [CHARGE FOR REINSTATEMENT OF REGISTRATION
16.12 PLATES IN CERTAIN SITUATIONS.] When the registrar of motor
16.13 vehicles reinstates a person's registration plates after
16.14 impoundment for reasons other than those described in
16.15 subdivision 11, the registrar shall charge the person $25.
16.16 Money raised under this subdivision must be paid into the state
16.17 treasury and credited to the highway user tax distribution fund.
16.18 Sec. 22. [168.0422] [STOPS OF VEHICLES BEARING SPECIAL
16.19 SERIES PLATES.]
16.20 A peace officer who observes the operation of a motor
16.21 vehicle within this state bearing special series registration
16.22 plates issued under section 168.041, subdivision 6, or 168.042,
16.23 subdivision 12, may stop the vehicle for the purpose of
16.24 determining whether the driver is operating the vehicle lawfully
16.25 under a valid driver's license.
16.26 Sec. 23. Minnesota Statutes 1996, section 169.01,
16.27 subdivision 75, is amended to read:
16.28 Subd. 75. [COMMERCIAL MOTOR VEHICLE.] (a) "Commercial
16.29 motor vehicle" means a motor vehicle or combination of motor
16.30 vehicles used to transport passengers or property if the motor
16.31 vehicle:
16.32 (1) has a gross vehicle weight of more than 26,000 pounds;
16.33 (2) has a towed unit with a gross vehicle weight of more
16.34 than 10,000 pounds and the combination of vehicles has a
16.35 combined gross vehicle weight of more than 26,000 pounds;
16.36 (3) is a bus;
17.1 (4) is of any size and is used in the transportation of
17.2 hazardous materials, except for those vehicles having a gross
17.3 vehicle weight of 26,000 pounds or less while carrying in bulk
17.4 tanks a total of not more than 200 gallons of petroleum products
17.5 and liquid fertilizer; or
17.6 (5) is outwardly equipped and identified as a school bus,
17.7 except for school buses defined in subdivision 6, paragraph (c).
17.8 (b) For purposes of sections 169.1211, 169.1215, and
17.9 169.123, subdivisions 2 and 4,:
17.10 (1) a commercial motor vehicle does not include a farm
17.11 truck, firefighting equipment, or recreational equipment being
17.12 operated by a person within the scope of section 171.02,
17.13 subdivision 2, paragraph (a); and
17.14 (2) a commercial motor vehicle includes a vehicle capable
17.15 of or designed to meet the standards described in paragraph (a),
17.16 clause (2), whether or not the towed unit is attached to the
17.17 truck-tractor at the time of the violation or stop.
17.18 Sec. 24. Minnesota Statutes 1996, section 169.01, is
17.19 amended by adding a subdivision to read:
17.20 Subd. 84. [OFF-ROAD RECREATIONAL VEHICLE.] "Off-road
17.21 recreational vehicle" means an off-highway motorcycle as defined
17.22 in section 84.787, subdivision 7; off-road vehicle as defined in
17.23 section 84.797, subdivision 7; snowmobile as defined in section
17.24 84.81, subdivision 3; and all-terrain vehicle as defined in
17.25 section 84.92, subdivision 8.
17.26 Sec. 25. Minnesota Statutes 1996, section 169.01, is
17.27 amended by adding a subdivision to read:
17.28 Subd. 85. [MOTORBOAT.] "Motorboat" means a watercraft
17.29 propelled in any manner by machinery, including watercraft
17.30 temporarily equipped with detachable motors.
17.31 Sec. 26. Minnesota Statutes 1996, section 169.01, is
17.32 amended by adding a subdivision to read:
17.33 Subd. 86. [DRUG RECOGNITION EVALUATION.] "Drug recognition
17.34 evaluation" means the systematic, standardized, investigative
17.35 procedure defined by the National Highway Traffic Safety
17.36 Administration that is used to determine whether a driver is
18.1 impaired, whether the impairment relates to drugs or a medical
18.2 condition and, if drug-related, the categories of drugs likely
18.3 to have caused the impairment.
18.4 Sec. 27. Minnesota Statutes 1996, section 169.01, is
18.5 amended by adding a subdivision to read:
18.6 Subd. 87. [DRUG RECOGNITION EXPERT.] "Drug recognition
18.7 expert" means a peace officer who is certified by the
18.8 International Association of Chiefs of Police to conduct drug
18.9 recognition evaluations.
18.10 Sec. 28. Minnesota Statutes 1996, section 169.121,
18.11 subdivision 1, is amended to read:
18.12 Subdivision 1. [CRIME; ACTS PROHIBITED.] It is a crime for
18.13 any person to drive, operate, or be in physical control of any
18.14 motor vehicle within this state or upon the ice of any boundary
18.15 water of this state under any of the following circumstances:
18.16 (a) when the person is under the influence of alcohol;
18.17 (b) when the person is under the influence of a controlled
18.18 substance;
18.19 (c) when the person is under the influence of a combination
18.20 of any two or more of the elements named in clauses (a), (b),
18.21 and (f) (h);
18.22 (d) when the person's alcohol concentration is 0.10 or more
18.23 but less than 0.20;
18.24 (e) when the person's alcohol concentration as measured
18.25 within two hours of the time of driving, operating, or being in
18.26 physical control of the motor vehicle is 0.10 or more but less
18.27 than 0.20;
18.28 (f) when the person's alcohol concentration is 0.04 or more
18.29 but less than 0.20 at the time of driving, operating, or being
18.30 in physical control of the motor vehicle, or as measured within
18.31 two hours of the time of driving, operating, or being in
18.32 physical control of the motor vehicle, if the person is under
18.33 the age of 19 years at the time of the violation;
18.34 (g) when the person's alcohol concentration at the time, or
18.35 as measured within two hours of the time, of driving, operating,
18.36 or being in physical control of the motor vehicle is 0.20 or
19.1 more;
19.2 (h) when the person is knowingly under the influence of a
19.3 hazardous substance that affects the nervous system, brain, or
19.4 muscles of the person so as to substantially impair the person's
19.5 ability to drive or operate the motor vehicle; or
19.6 (g) (i) when the person's body contains any amount of a
19.7 controlled substance listed in schedule I or II other than
19.8 marijuana or tetrahydrocannabinols.
19.9 Sec. 29. Minnesota Statutes 1996, section 169.121,
19.10 subdivision 1c, is amended to read:
19.11 Subd. 1c. [CONDITIONAL RELEASE.] (a) Unless maximum bail
19.12 is imposed under section 629.471, subdivision 2, a person
19.13 charged with a crime listed in this paragraph may be released
19.14 from detention only if the person agrees to abstain from alcohol
19.15 and submit to a program of electronic alcohol monitoring
19.16 involving at least daily measurements of the person's alcohol
19.17 concentration pending resolution of the charge. This paragraph
19.18 applies only when electronic alcohol monitoring equipment is
19.19 available to the court and only when a person is charged with:
19.20 (1) a violation of subdivision 1 or 1a within five years of
19.21 two prior impaired driving convictions, or within ten years of
19.22 three or more prior impaired driving convictions;
19.23 (2) a second or subsequent violation of subdivision 1 or
19.24 1a, if the person is under the age of 19 years;
19.25 (3) a violation of subdivision 1 or 1a, while the person's
19.26 driver's license or driving privileges have been canceled under
19.27 section 171.04, subdivision 1, clause (9);
19.28 (4) a violation of subdivision 1, clause (g); or
19.29 (5) a violation of section 169.129.
19.30 If the defendant is convicted of the charged offense, the
19.31 court shall require partial or total reimbursement from the
19.32 person for the cost of the electronic alcohol monitoring, to the
19.33 extent the defendant is able to pay.
19.34 (b) Unless maximum bail is imposed under section 629.471,
19.35 subdivision 2, a person charged with violating subdivision 1 or
19.36 1a within ten years of the first of three prior impaired driving
20.1 convictions or within the person's lifetime after four or more
20.2 prior impaired driving convictions may be released from
20.3 detention only if the following conditions are imposed in
20.4 addition to the condition imposed in paragraph (a), if
20.5 applicable, and any other conditions of release ordered by the
20.6 court:
20.7 (1) the impoundment of the registration plates of the
20.8 vehicle used to commit the violation, unless already impounded;
20.9 (2) if the vehicle used to commit the violation was an
20.10 off-road recreational vehicle or a motorboat, the impoundment of
20.11 the off-road recreational vehicle or motorboat;
20.12 (3) a requirement that the alleged violator report weekly
20.13 to a probation agent;
20.14 (3) (4) a requirement that the alleged violator abstain
20.15 from consumption of alcohol and controlled substances and submit
20.16 to random, weekly alcohol tests or urine analyses at least
20.17 weekly; and
20.18 (4) (5) a requirement that, if convicted, the alleged
20.19 violator reimburse the court or county for the total cost of
20.20 these services.
20.21 Sec. 30. Minnesota Statutes 1996, section 169.121, is
20.22 amended by adding a subdivision to read:
20.23 Subd. 1d. [FIRST-TIME VIOLATORS; OFF-ROAD RECREATIONAL
20.24 VEHICLES AND MOTORBOATS.] A person who violates this section
20.25 while using an off-road recreational vehicle or motorboat and
20.26 who does not have a prior impaired driving conviction or prior
20.27 license revocation is subject only to the criminal penalty
20.28 provided in subdivision 3 and loss of operating privileges as
20.29 provided in section 84.91, subdivision 1, or 86B.331,
20.30 subdivision 1, whichever is applicable. The person is not
20.31 subject to the provisions of subdivision 1c, 3b, 3f, 4, 5b, or
20.32 8, the license revocation sanctions of section 169.123, or the
20.33 plate impoundment provisions of section 168.042.
20.34 Sec. 31. Minnesota Statutes 1996, section 169.121,
20.35 subdivision 2, is amended to read:
20.36 Subd. 2. [EVIDENCE.] (a) Upon the trial of any prosecution
21.1 arising out of acts alleged to have been committed by any person
21.2 arrested for driving, operating, or being in physical control of
21.3 a motor vehicle in violation of subdivision 1, the court may
21.4 admit evidence of the presence or amount of alcohol, controlled
21.5 substances, or hazardous substances in the person's blood,
21.6 breath, or urine as shown by an analysis of those items.
21.7 (b) For the purposes of this subdivision, evidence that
21.8 there was at the time an alcohol concentration of 0.04 or more
21.9 is relevant evidence in indicating whether or not the person was
21.10 under the influence of alcohol.
21.11 (c) Evidence of the refusal to take a test is admissible
21.12 into evidence in a prosecution under this section or an
21.13 ordinance in conformity with it.
21.14 (d) If proven by a preponderance of the evidence, it shall
21.15 be an affirmative defense to a violation of subdivision 1,
21.16 clause (e), (f), or (g), that the defendant consumed a
21.17 sufficient quantity of alcohol after the time of actual driving,
21.18 operating, or being in physical control of a motor vehicle and
21.19 before the administration of the evidentiary test to cause the
21.20 defendant's alcohol concentration to exceed 0.10 the level
21.21 specified in the applicable clause. Evidence that the defendant
21.22 consumed alcohol after the time of actual driving, operating, or
21.23 being in physical control of a motor vehicle may not be admitted
21.24 in defense to any alleged violation of this section unless
21.25 notice is given to the prosecution prior to the omnibus or
21.26 pretrial hearing in the matter.
21.27 (e) If proven by a preponderance of the evidence, it shall
21.28 be an affirmative defense to a violation of subdivision 1,
21.29 clause (g) (i), that the defendant used the controlled substance
21.30 according to the terms of a prescription issued for the
21.31 defendant in accordance with sections 152.11 and 152.12.
21.32 (f) The preceding provisions do not limit the introduction
21.33 of any other competent evidence bearing upon the question of
21.34 whether the person violated this section, including tests
21.35 obtained more than two hours after the alleged violation and
21.36 results obtained from partial tests on an infrared
22.1 breath-testing instrument. A result from a partial test is the
22.2 measurement obtained by analyzing one adequate breath sample, as
22.3 defined in section 169.123, subdivision 2b, paragraph (b).
22.4 Sec. 32. Minnesota Statutes 1996, section 169.121,
22.5 subdivision 3, is amended to read:
22.6 Subd. 3. [CRIMINAL PENALTIES.] (a) As used in this
22.7 subdivision section:
22.8 (1) "Prior impaired driving conviction" means a prior
22.9 conviction under:
22.10 (i) this section; Minnesota Statutes 1996, section 84.91,
22.11 subdivision 1, paragraph (a);, or 86B.331, subdivision 1,
22.12 paragraph (a); section 169.1211; section 169.129; or section
22.13 360.0752;
22.14 (ii) section 609.21, subdivision 1, clauses (2) to (6);
22.15 609.21, subdivision 2, clauses (2) to (6); 609.21, subdivision
22.16 2a, clauses (2) to (6); 609.21, subdivision 2b, clauses (2) to
22.17 (6); 609.21, subdivision 3, clauses (2) to (6); 609.21, or
22.18 subdivision 4, clauses (2) to (6); or
22.19 (iii) an ordinance from this state, or a statute or
22.20 ordinance from another state, in conformity with any of
22.21 them provision listed in item (i) or (ii).
22.22 A prior impaired driving conviction also includes a prior
22.23 juvenile adjudication that would have been a prior impaired
22.24 driving conviction if committed by an adult; and.
22.25 (2) "Prior license revocation" means a driver's license
22.26 suspension, revocation, or cancellation, denial, or
22.27 disqualification under:
22.28 (i) this section; or section 169.1211, 169.123;,
22.29 171.04;, 171.14;, 171.16;, 171.165, 171.17;, or 171.18
22.30 because of an alcohol-related incident;
22.31 (ii) section 609.21, subdivision 1, clauses (2) to
22.32 (6); 609.21, subdivision 2, clauses (2) to (6); 609.21,
22.33 subdivision 2a, clauses (2) to (6); 609.21, subdivision 2b,
22.34 clauses (2) to (6); 609.21, subdivision 3, clauses (2) to (6);
22.35 or 609.21, subdivision 4, clauses (2) to (6); or
22.36 (iii) an ordinance from this state, or a statute or
23.1 ordinance from another state, in conformity with any of them
23.2 provision listed in item (i) or (ii).
23.3 "Prior license revocation" also means the revocation of
23.4 snowmobile or all-terrain vehicle operating privileges under
23.5 section 84.911, or motorboat operating privileges under section
23.6 86B.335, for violations that occurred on or after August 1, 1995.
23.7 (b) A person who violates subdivision 1, clause (a), (b),
23.8 (c), (d), (e), (f), (h), or (i), or subdivision 1a, or an
23.9 ordinance in conformity with either any of them, is guilty of a
23.10 misdemeanor.
23.11 (c) A person is guilty of a gross misdemeanor under any of
23.12 the following circumstances:
23.13 (1) the person violates subdivision 1, clause (g);
23.14 (2) the person violates subdivision 1, clause (a), (b),
23.15 (c), (d), (e), (f), (h), or (i), or subdivision 1a, within five
23.16 years of a prior impaired driving conviction, or within ten
23.17 years of the first of two or more prior impaired driving
23.18 convictions;
23.19 (2) the person violates subdivision 1a within five years of
23.20 or a prior license revocation, or within ten years of the first
23.21 of two or more prior license revocations;
23.22 (3) the person violates section 169.26 while in violation
23.23 of subdivision 1; or
23.24 (4) the person violates subdivision 1 or 1a while a child
23.25 under the age of 16 is in the vehicle, if the child is more than
23.26 36 months younger than the violator.
23.27 A person convicted of a gross misdemeanor under this
23.28 paragraph is subject to the mandatory penalties provided in
23.29 subdivision 3d.
23.30 (d) A person is guilty of an enhanced gross misdemeanor
23.31 under any of the following circumstances:
23.32 (1) the person violates subdivision 1, clause (g), or
23.33 commits a violation described in paragraph (c), clause (3) or
23.34 (4), within ten years of one or more prior impaired driving
23.35 convictions or prior license revocations;
23.36 (2) the person violates subdivision 1, clause (a), (b),
24.1 (c), (d), (e), (f), (h), or (i), or subdivision 1a, within ten
24.2 years of the first of two or more prior impaired driving
24.3 convictions, two or more prior license revocations, or any
24.4 combination of two or more prior impaired driving convictions
24.5 and prior license revocations, based on separate incidents.
24.6 A person convicted of an enhanced gross misdemeanor under
24.7 this paragraph may be sentenced to imprisonment in a local
24.8 correctional facility for not more than two years or to payment
24.9 of a fine of not more than $3,000, or both. Additionally, the
24.10 person is subject to the applicable mandatory penalties provided
24.11 in subdivision 3e.
24.12 (e) The court shall notify a person convicted of violating
24.13 subdivision 1 or 1a that the registration plates of the person's
24.14 motor vehicle may be impounded under section 168.042 and the
24.15 vehicle may be subject to forfeiture under section 169.1217 upon
24.16 a subsequent conviction for violating this section, section
24.17 169.129, or section 171.24, or a subsequent license revocation
24.18 under section 169.123. The notice must describe the conduct and
24.19 the time periods within which the conduct must occur in order to
24.20 result in plate impoundment or forfeiture. The failure of the
24.21 court to provide this information does not affect the
24.22 applicability of the plate impoundment or the forfeiture
24.23 provision to that person.
24.24 (d) (f) The attorney in the jurisdiction in which the
24.25 violation occurred who is responsible for prosecution of
24.26 misdemeanor violations of this section shall also be responsible
24.27 for prosecution of gross misdemeanor and enhanced gross
24.28 misdemeanor violations of this section.
24.29 (e) (g) The court must impose consecutive sentences when it
24.30 sentences a person for a violation of this section or section
24.31 169.129 arising out of separate behavioral incidents. The court
24.32 also must impose a consecutive sentence when it sentences a
24.33 person for a violation of this section or section 169.129 and
24.34 the person, at the time of sentencing, is on probation for, or
24.35 serving, an executed sentence for a violation of this section or
24.36 section 169.129 and the prior sentence involved a separate
25.1 behavioral incident. The court also may order that the sentence
25.2 imposed for a violation of this section or section 169.129 shall
25.3 run consecutively to a previously imposed misdemeanor, gross
25.4 misdemeanor or felony sentence for a violation other than this
25.5 section or section 169.129.
25.6 (h) When the court stays the sentence of a person convicted
25.7 under this section, the length of the stay is governed by
25.8 section 609.135, subdivision 2.
25.9 (f) (i) The court may impose consecutive sentences for
25.10 offenses arising out of a single course of conduct as permitted
25.11 in section 609.035, subdivision 2.
25.12 (g) (j) When an attorney responsible for prosecuting gross
25.13 misdemeanors or enhanced gross misdemeanors under this section
25.14 requests criminal history information relating to prior impaired
25.15 driving convictions from a court, the court must furnish the
25.16 information without charge.
25.17 (h) (k) A violation of subdivision 1a may be prosecuted
25.18 either in the jurisdiction where the arresting officer observed
25.19 the defendant driving, operating, or in control of the motor
25.20 vehicle or in the jurisdiction where the refusal occurred.
25.21 Sec. 33. Minnesota Statutes 1996, section 169.121,
25.22 subdivision 3b, is amended to read:
25.23 Subd. 3b. [HABITUAL OFFENDERS; CHEMICAL USE ASSESSMENT.]
25.24 The court must order a person to submit to the level of care
25.25 recommended in the chemical use assessment if a the person has
25.26 been convicted under of violating:
25.27 (1) subdivision 1, subdivision 1a, clause (g); or
25.28 (2) subdivision 1, clause (a), (b), (c), (d), (e), (f),
25.29 (h), or (i), subdivision 1a, section 169.129, an ordinance in
25.30 conformity with any of them, or a statute or ordinance from
25.31 another state in conformity with any of them, and if the person
25.32 is then convicted of violating subdivision 1, subdivision 1a,
25.33 section 169.129, or an ordinance in conformity with any of them
25.34 (1) once:
25.35 (i) within five years of the first a prior impaired driving
25.36 conviction or (2) two or more times a prior license revocation;
26.1 or
26.2 (ii) within ten years after the first conviction, the court
26.3 must order the person to submit to the level of care recommended
26.4 in the chemical use assessment required under section 169.126 of
26.5 two or more prior impaired driving convictions, two or more
26.6 prior license revocations, or a prior impaired driving
26.7 conviction and a prior license revocation, based on separate
26.8 incidents.
26.9 Sec. 34. Minnesota Statutes 1996, section 169.121,
26.10 subdivision 3c, is amended to read:
26.11 Subd. 3c. [NOTICE OF ENHANCED PENALTIES.] When a court
26.12 sentences a person for a misdemeanor or gross misdemeanor
26.13 violation of this section, it shall inform the defendant of the
26.14 statutory provisions that provide for enhancement of criminal
26.15 penalties for repeat violators. The failure of a court to
26.16 provide this information to a defendant does not affect the
26.17 future applicability of these enhanced penalties to that
26.18 defendant.
26.19 Sec. 35. Minnesota Statutes 1996, section 169.121, is
26.20 amended by adding a subdivision to read:
26.21 Subd. 3d. [GROSS MISDEMEANORS; MANDATORY PENALTIES.] (a)
26.22 The mandatory penalties in this subdivision apply to persons
26.23 convicted of a gross misdemeanor under subdivision 3, paragraph
26.24 (c), or section 169.129.
26.25 (b) A person who is convicted of a gross misdemeanor under
26.26 subdivision 3, paragraph (c), or is convicted of a gross
26.27 misdemeanor violation of section 169.129 within five years of a
26.28 prior impaired driving conviction or prior license revocation,
26.29 must be sentenced to a minimum of 30 days imprisonment, at least
26.30 48 hours of which must be served consecutively, or to eight
26.31 hours of community work service for each day less than 30 days
26.32 that the person is ordered to serve in jail. Notwithstanding
26.33 section 609.135, the above sentence must be executed, unless the
26.34 court departs from the mandatory minimum sentence under
26.35 paragraph (c) or (d).
26.36 (c) Prior to sentencing, the prosecutor may file a motion
27.1 to have the defendant sentenced without regard to the mandatory
27.2 minimum sentence established by this subdivision. The motion
27.3 must be accompanied by a statement on the record of the reasons
27.4 for it. When presented with the prosecutor's motion and if it
27.5 finds that substantial mitigating factors exist, the court shall
27.6 sentence the defendant without regard to the mandatory minimum
27.7 sentence established by this subdivision.
27.8 (d) The court may, on its own motion, sentence the
27.9 defendant without regard to the mandatory minimum sentence
27.10 established by this subdivision if it finds that substantial
27.11 mitigating factors exist and if its sentencing departure is
27.12 accompanied by a statement on the record of the reasons for it.
27.13 The court also may sentence the defendant without regard to the
27.14 mandatory minimum sentence established by this subdivision if
27.15 the defendant is sentenced to probation and ordered to
27.16 participate in a program established under section 169.1265.
27.17 (e) When any portion of the sentence required by this
27.18 subdivision is not executed, the court should impose a sentence
27.19 that is proportional to the extent of the offender's prior
27.20 criminal and moving traffic violation record. Any sentence
27.21 required under this subdivision must include a mandatory
27.22 sentence that is not subject to suspension or a stay of
27.23 imposition or execution, and that includes incarceration for not
27.24 less than 48 consecutive hours or at least 80 hours of community
27.25 work service.
27.26 Sec. 36. Minnesota Statutes 1996, section 169.121, is
27.27 amended by adding a subdivision to read:
27.28 Subd. 3e. [ENHANCED GROSS MISDEMEANORS; MANDATORY
27.29 PENALTIES.] (a) The mandatory penalties in this subdivision
27.30 apply to persons who are convicted of an enhanced gross
27.31 misdemeanor under subdivision 3, paragraph (d), or section
27.32 169.129. Notwithstanding section 609.135, these penalties must
27.33 be imposed and executed.
27.34 (b) A person who is convicted of an enhanced gross
27.35 misdemeanor under the circumstances described in subdivision 3,
27.36 paragraph (d), clause (1), shall be sentenced as follows:
28.1 (1) if the person has one prior impaired driving conviction
28.2 within the past ten years, the person must be sentenced to a
28.3 minimum of 90 days of incarceration, at least 30 days of which
28.4 must be served consecutively in a local correctional facility.
28.5 The court may order that the person serve not more than 60 days
28.6 of this minimum penalty on home detention or in an intensive
28.7 probation program described in section 169.1265;
28.8 (2) if the person has two prior impaired driving
28.9 convictions within the past ten years, the person must be
28.10 sentenced to a minimum of 180 days of incarceration, at least 30
28.11 days of which must be served consecutively in a local
28.12 correctional facility. The court may order that the person
28.13 serve not more than 150 days of this minimum penalty on home
28.14 detention or in an intensive probation program described in
28.15 section 169.1265; or
28.16 (3) if the person has three prior impaired driving
28.17 convictions within the past 15 years, or four or more prior
28.18 impaired driving convictions within the person's lifetime, the
28.19 person must be sentenced to a minimum of one year of
28.20 incarceration, at least 60 days of which must be served
28.21 consecutively in a local correctional facility. The court may
28.22 order that the person serve the remainder of this minimum
28.23 penalty on intensive probation using an electronic monitoring
28.24 system or, if such a system is unavailable, on home detention.
28.25 (c) A person who is convicted of an enhanced gross
28.26 misdemeanor under the circumstances described in subdivision 3,
28.27 paragraph (d), clause (2) or (3), or under section 169.129,
28.28 shall be sentenced as follows:
28.29 (1) if the person has two prior impaired driving
28.30 convictions, two prior license revocations, or a combination of
28.31 the two, within the past ten years, the person must be sentenced
28.32 to a minimum of 90 days incarceration, at least 30 days of which
28.33 must be served consecutively in a local correctional facility.
28.34 The court may order that the person serve not more than 60 days
28.35 of this minimum penalty on home detention or in an intensive
28.36 probation program described in section 169.1265;
29.1 (2) if the person has three prior impaired driving
29.2 convictions, three prior license revocations, or a combination
29.3 of the two, within the past ten years, the person must be
29.4 sentenced to a minimum of 180 days of incarceration, at least 30
29.5 days of which must be served consecutively in a local
29.6 correctional facility. The court may order that the person
29.7 serve not more than 150 days of this minimum penalty on home
29.8 detention or in an intensive probation program described in
29.9 section 169.1265; or
29.10 (3) if the person has: (i) four prior impaired driving
29.11 convictions, four prior license revocations, or a combination of
29.12 the two, within the past 15 years; or (ii) five or more prior
29.13 impaired driving convictions, five or more prior license
29.14 revocations, or a combination of the two, within the person's
29.15 lifetime; then the person must be sentenced to a minimum of one
29.16 year of incarceration, at least 60 days of which must be served
29.17 consecutively in a local correctional facility. The court may
29.18 order that the person serve the remainder of this minimum
29.19 penalty on intensive probation using an electronic monitoring
29.20 system or, if such a system is unavailable, on home detention.
29.21 Sec. 37. Minnesota Statutes 1996, section 169.121, is
29.22 amended by adding a subdivision to read:
29.23 Subd. 3f. [LONG-TERM MONITORING.] (a) This subdivision
29.24 applies to a person convicted of:
29.25 (1) a violation of subdivision 1 or 1a within five years of
29.26 two prior impaired driving convictions, or within ten years of
29.27 three or more prior impaired driving convictions;
29.28 (2) a second or subsequent violation of subdivision 1 or
29.29 1a, if the person is under the age of 19 years;
29.30 (3) a violation of subdivision 1 or 1a, while the person's
29.31 driver's license or driving privileges have been canceled under
29.32 section 171.04, subdivision 1, clause (9); or
29.33 (4) a violation of section 169.129.
29.34 (b) When the court sentences a person described in
29.35 paragraph (a) to a stayed sentence and when electronic
29.36 monitoring equipment is available to the court, the court shall
30.1 require that the person participate in a program of electronic
30.2 alcohol monitoring in addition to any other conditions of
30.3 probation or jail time it imposes. During the first one-third
30.4 of the person's probationary term, the electronic alcohol
30.5 monitoring must be continuous and involve measurements of the
30.6 person's alcohol at least three times a day. During the
30.7 remainder of the person's probationary term, the electronic
30.8 alcohol monitoring may be intermittent, as determined by the
30.9 court. The court shall require partial or total reimbursement
30.10 from the person for the cost of the electronic alcohol
30.11 monitoring, to the extent the person is able to pay.
30.12 Sec. 38. Minnesota Statutes 1996, section 169.121,
30.13 subdivision 4, is amended to read:
30.14 Subd. 4. [ADMINISTRATIVE PENALTIES.] (a) The commissioner
30.15 of public safety shall revoke the driver's license of a person
30.16 convicted of violating this section or an ordinance in
30.17 conformity with it as follows:
30.18 (1) for an offense under subdivision 1: not less than 30
30.19 days;
30.20 (2) for an offense under subdivision 1a: not less than 90
30.21 days;
30.22 (3) for an offense occurring within five years after a
30.23 prior impaired driving conviction or a prior license revocation,
30.24 or any time after two or more prior impaired driving convictions
30.25 or prior license revocations: (i) if the current conviction is
30.26 for a violation of subdivision 1, not less than 180 days and
30.27 until the court has certified that treatment or rehabilitation
30.28 has been successfully completed where prescribed in accordance
30.29 with section 169.126; or (ii) if the current conviction is for a
30.30 violation of subdivision 1a, not less than one year and until
30.31 the court has certified that treatment or rehabilitation has
30.32 been successfully completed where prescribed in accordance with
30.33 section 169.126;
30.34 (4) for an offense occurring within five years after the
30.35 first of two prior impaired driving convictions or prior license
30.36 revocations: not less than one year, together with denial under
31.1 section 171.04, subdivision 1, clause (8) (9), until
31.2 rehabilitation is established in accordance with standards
31.3 established by the commissioner;
31.4 (5) for an offense occurring any time after three or more
31.5 prior impaired driving convictions or prior license
31.6 revocations: not less than two years, together with denial
31.7 under section 171.04, subdivision 1, clause (8) (9), until
31.8 rehabilitation is established in accordance with standards
31.9 established by the commissioner.
31.10 (b) If the person convicted of violating this section is
31.11 under the age of 21 years, the commissioner of public safety
31.12 shall revoke the offender's driver's license or operating
31.13 privileges for a period of six months or for the appropriate
31.14 period of time under paragraph (a), clauses (1) to (5), for the
31.15 offense committed, whichever is the greatest period.
31.16 (c) For purposes of this subdivision, a juvenile
31.17 adjudication under this section, section 169.129, an ordinance
31.18 in conformity with either of them, or a statute or ordinance
31.19 from another state in conformity with either of them is an
31.20 offense.
31.21 (d) Whenever department records show that the violation
31.22 involved personal injury or death to any person, not less than
31.23 90 additional days shall be added to the base periods provided
31.24 above.
31.25 (e) If the person is convicted of violating subdivision 1,
31.26 paragraph (g), the commissioner of public safety shall revoke
31.27 the person's driver's license for twice the period of time
31.28 otherwise provided for in this subdivision.
31.29 (f) Except for a person whose license has been revoked
31.30 under paragraph (b), and except for a person who commits a
31.31 violation described in subdivision 3, paragraph (c), clause (4),
31.32 (child endangerment), any person whose license has been revoked
31.33 pursuant to section 169.123 as the result of the same incident,
31.34 and who does not have a prior impaired driving conviction or
31.35 prior license revocation within the previous ten years, is
31.36 subject to the mandatory revocation provisions of paragraph (a),
32.1 clause (1) or (2), in lieu of the mandatory revocation
32.2 provisions of section 169.123.
32.3 (f) As used in this subdivision, the terms "prior impaired
32.4 driving conviction" and "prior license revocation" have the
32.5 meanings given in subdivision 3, paragraph (a).
32.6 Sec. 39. Minnesota Statutes 1996, section 169.121, is
32.7 amended by adding a subdivision to read:
32.8 Subd. 5b. [PENALTY ASSESSMENT.] When a court sentences a
32.9 person convicted of violating subdivision 1, paragraph (g), the
32.10 court may impose a penalty assessment of up to $1,000. The
32.11 court may impose this assessment in addition to any other
32.12 penalties or charges authorized under this section. Money
32.13 collected under this subdivision must be distributed as follows:
32.14 (1) if the arresting officer is an employee of a political
32.15 subdivision, the assessment must be forwarded to the treasury of
32.16 the political subdivision for use in enforcement, training, and
32.17 education activities related to driving while impaired; or
32.18 (2) if the arresting officer is an employee of the state,
32.19 the assessment must be forwarded to the state treasury and
32.20 credited to the general fund.
32.21 Sec. 40. Minnesota Statutes 1996, section 169.121,
32.22 subdivision 6, is amended to read:
32.23 Subd. 6. [PRELIMINARY SCREENING TEST.] (a) When a peace
32.24 officer has reason to believe from the manner in which a person
32.25 is driving, operating, controlling, or acting upon departure
32.26 from a motor vehicle, or has driven, operated, or controlled a
32.27 motor vehicle, that the driver may be violating or has violated
32.28 subdivision 1 or section 169.1211, the officer may require the
32.29 driver to provide a sample of the driver's breath for a
32.30 preliminary screening test using a device approved by the
32.31 commissioner of public safety for this purpose.
32.32 (b) The results of this preliminary screening test shall be
32.33 used for the purpose of deciding whether an arrest should be
32.34 made and whether to require the tests authorized in section
32.35 169.123, but shall not be used in any court action except the
32.36 following:
33.1 (1) to prove that a test was properly required of a person
33.2 pursuant to section 169.123, subdivision 2;
33.3 (2) in a civil action arising out of the operation or use
33.4 of the motor vehicle;
33.5 (3) in an action for license reinstatement under section
33.6 171.19; or
33.7 (4) in a prosecution or juvenile court proceeding
33.8 concerning a violation of section 169.1218 or 340A.503,
33.9 subdivision 1, paragraph (a), clause (2);
33.10 (5) in a prosecution under section 169.1211, subdivision 1,
33.11 paragraph (b), or 171.30; or
33.12 (6) in a prosecution for a violation of a restriction on a
33.13 driver's license under section 171.09, which provides that the
33.14 license holder may not use or consume any amount of alcohol or a
33.15 controlled substance.
33.16 (c) Following the screening test additional tests may be
33.17 required of the driver pursuant to the provisions of section
33.18 169.123.
33.19 (d) The driver who refuses to furnish a sample of the
33.20 driver's breath is subject to the provisions of section 169.123
33.21 unless, in compliance with section 169.123, the driver submits
33.22 to a blood, breath or urine test to determine the presence or
33.23 amount of alcohol, controlled substances, or hazardous
33.24 substances.
33.25 Sec. 41. Minnesota Statutes 1996, section 169.121,
33.26 subdivision 11, is amended to read:
33.27 Subd. 11. [APPLICABILITY TO RECREATIONAL VEHICLES.] For
33.28 purposes of this section and section 169.123, "motor vehicle"
33.29 does not include a snowmobile as defined in section 84.81, or an
33.30 all-terrain vehicle as defined in section 84.92. This
33.31 subdivision does not prevent the commissioner of public safety
33.32 from recording on driving records violations involving
33.33 snowmobiles and all-terrain vehicles. includes motorboats in
33.34 operation and off-road recreational vehicles. A "motorboat in
33.35 operation" does not include a motorboat that is anchored,
33.36 beached, or securely fastened to a dock or other permanent
34.1 mooring, or a motorboat that is being rowed or propelled by
34.2 other than mechanical means.
34.3 Sec. 42. Minnesota Statutes 1996, section 169.1211,
34.4 subdivision 1, is amended to read:
34.5 Subdivision 1. [CRIME CRIMES.] (a) It is a misdemeanor
34.6 crime for any person to drive, operate, or be in physical
34.7 control of any commercial motor vehicle within this state or
34.8 upon the ice of any boundary water of this state:
34.9 (1) when the person's alcohol concentration is 0.04 or more
34.10 but less than 0.20; or
34.11 (2) when the person's alcohol concentration as measured
34.12 within two hours of the time of driving, operating, or being in
34.13 physical control of the commercial motor vehicle is 0.04 or more
34.14 but less than 0.20; or
34.15 (3) when the person's alcohol concentration at the time, or
34.16 as measured within two hours of the time, of driving, operating,
34.17 or being in physical control of the commercial motor vehicle is
34.18 0.20 or more.
34.19 (b) It is a crime for any person to drive, operate, or be
34.20 in physical control of any class of school bus or Head Start bus
34.21 within this state or upon the ice of any boundary water of this
34.22 state when there is physical evidence present in the person's
34.23 body of the consumption of any alcohol.
34.24 Sec. 43. Minnesota Statutes 1996, section 169.1211, is
34.25 amended by adding a subdivision to read:
34.26 Subd. 3a. [CRIMINAL PENALTY.] (a) A person who violates
34.27 subdivision 1, paragraph (a), clause (1) or (2), or paragraph
34.28 (b), or an ordinance in conformity with any of them, is guilty
34.29 of a misdemeanor.
34.30 (b) A person is guilty of a gross misdemeanor under any of
34.31 the following circumstances:
34.32 (1) the person violates subdivision 1, paragraph (a),
34.33 clause (3);
34.34 (2) the person violates subdivision 1, paragraph (a),
34.35 clause (1) or (2), or paragraph (b), within five years of a
34.36 prior impaired driving conviction or a prior license revocation,
35.1 or within ten years of the first of two or more prior impaired
35.2 driving convictions, two or more prior license revocations, or a
35.3 combination of a prior impaired driving conviction and a prior
35.4 license revocation, based on separate incidents;
35.5 (3) the person violates section 169.26 while in violation
35.6 of subdivision 1; or
35.7 (4) the person violates subdivision 1 while a child under
35.8 the age of 16 is in the vehicle, if the child is more than 36
35.9 months younger than the violator.
35.10 Sec. 44. Minnesota Statutes 1996, section 169.1211, is
35.11 amended by adding a subdivision to read:
35.12 Subd. 5. [DEFINITIONS.] As used in this section, the terms
35.13 "prior impaired driving conviction" and "prior license
35.14 revocation" have the meanings given them in section 169.121,
35.15 subdivision 3.
35.16 Sec. 45. Minnesota Statutes 1996, section 169.1217, is
35.17 amended to read:
35.18 169.1217 [VEHICLE FORFEITURE FOR COMMISSION OF DESIGNATED
35.19 OFFENSES AND LICENSE REVOCATIONS.]
35.20 Subdivision 1. [DEFINITIONS.] As used in this section, the
35.21 following terms have the meanings given them:
35.22 (a) "Appropriate agency" means a law enforcement agency
35.23 that has the authority to make an arrest for a violation of a
35.24 designated offense or to require a test under section 169.123.
35.25 (b) "Designated license revocation" includes a license
35.26 revocation under section 169.123:
35.27 (1) within five years of two prior impaired driving
35.28 convictions, two prior license revocations, or a prior impaired
35.29 driving conviction and a prior license revocation, based on
35.30 separate incidents; or
35.31 (2) within 15 years of the first of three or more prior
35.32 impaired driving convictions, three or more prior license
35.33 revocations, or any combination of three or more prior impaired
35.34 driving convictions and prior license revocations, based on
35.35 separate incidents.
35.36 (c) "Designated offense" includes:
36.1 (1) a violation of section 169.121, subdivision 1, clause
36.2 (a), (b), (c), (d), (e), (f), (h), or (i), subdivision 1a, an
36.3 ordinance in conformity with it any of them, or section 169.129:
36.4 (1) (i) within five years of three two prior impaired
36.5 driving convictions or three, two prior license revocations, or
36.6 a prior impaired driving conviction and a prior license
36.7 revocation, based on separate incidents; or
36.8 (2) (ii) within 15 years of the first of four three or more
36.9 prior impaired driving convictions or the first of four, three
36.10 or more prior license revocations, or any combination of three
36.11 or more impaired driving convictions and prior license
36.12 revocations, based on separate incidents;
36.13 (2) a violation of section 169.121, subdivision 1, clause
36.14 (g), or a violation of section 169.121, subdivision 3, paragraph
36.15 (c), clause (4);
36.16 (i) within five years of a prior impaired driving
36.17 conviction or a prior license revocation; or
36.18 (ii) within 15 years of the first of two or more prior
36.19 impaired driving convictions, two or more prior license
36.20 revocations, or a prior impaired driving conviction and a prior
36.21 license revocation, based on separate incidents; or
36.22 (3) a violation of section 169.121, an ordinance in
36.23 conformity with it, or section 169.129:
36.24 (i) by a person whose driver's license or driving
36.25 privileges have been canceled under section 171.04, subdivision
36.26 1, clause (8) (9); or
36.27 (4) (ii) by a person who is subject to a restriction on the
36.28 person's driver's license under section 171.09 which provides
36.29 that the person may not use or consume any amount of alcohol or
36.30 a controlled substance.
36.31 "Designated offense" also includes a violation of section
36.32 169.121, subdivision 3, paragraph (c), clause (4):
36.33 (1) within five years of two prior impaired driving
36.34 convictions or two prior license revocations based on separate
36.35 incidents; or
36.36 (2) within 15 years of the first of three or more prior
37.1 impaired driving convictions or the first of three or more prior
37.2 license revocations based on separate incidents.
37.3 (c) (d) "Motor vehicle" and "vehicle" have the meaning
37.4 given "motor vehicle" in section 169.121, subdivision 11. The
37.5 terms do not include a vehicle which is stolen or taken in
37.6 violation of the law.
37.7 (d) (e) "Owner" means the registered owner of the motor
37.8 vehicle according to records of the department of public safety
37.9 and includes a lessee of a motor vehicle if the lease agreement
37.10 has a term of 180 days or more.
37.11 (e) (f) "Prior impaired driving conviction" has the meaning
37.12 given it in section 169.121, subdivision 3. A prior impaired
37.13 driving conviction also includes a prior juvenile adjudication
37.14 that would have been a prior impaired driving conviction if
37.15 committed by an adult.
37.16 (f) (g) "Prior license revocation" has the meaning given it
37.17 in section 169.121, subdivision 3.
37.18 (g) (h) "Prosecuting authority" means the attorney in the
37.19 jurisdiction in which the designated offense occurred who is
37.20 responsible for prosecuting violations of a designated offense.
37.21 Subd. 2. [SEIZURE.] A motor vehicle subject to forfeiture
37.22 under this section may be seized by the appropriate agency upon
37.23 process issued by any court having jurisdiction over the
37.24 vehicle. Property may be seized without process if:
37.25 (1) the seizure is incident to a lawful arrest or a lawful
37.26 search;
37.27 (2) the vehicle subject to seizure has been the subject of
37.28 a prior judgment in favor of the state in a criminal injunction
37.29 or forfeiture proceeding under this section; or
37.30 (3) the appropriate agency has probable cause to believe
37.31 that the delay occasioned by the necessity to obtain process
37.32 would result in the removal or destruction of the vehicle. If
37.33 property is seized without process under this clause (3), the
37.34 prosecuting authority must institute a forfeiture action under
37.35 this section as soon as is reasonably possible.
37.36 Subd. 3. [RIGHT TO POSSESSION VESTS IMMEDIATELY; CUSTODY
38.1 OF SEIZED VEHICLE.] All right, title, and interest in a vehicle
38.2 subject to forfeiture under this section vests in the
38.3 appropriate agency upon commission of the conduct resulting in
38.4 the designated offense or designated license revocation giving
38.5 rise to the forfeiture. Any vehicle seized under this section
38.6 is not subject to replevin, but is deemed to be in the custody
38.7 of the appropriate agency subject to the orders and decrees of
38.8 the court having jurisdiction over the forfeiture proceedings.
38.9 When a vehicle is so seized, the appropriate agency may:
38.10 (1) place the vehicle under seal;
38.11 (2) remove the vehicle to a place designated by it;
38.12 (3) place a disabling device on the vehicle; and
38.13 (4) take other steps reasonable and necessary to secure the
38.14 vehicle and prevent waste.
38.15 Subd. 4. [BOND BY OWNER FOR POSSESSION.] If the owner of a
38.16 vehicle that has been seized under this section seeks possession
38.17 of the vehicle before the forfeiture action is determined, the
38.18 owner may, subject to the approval of the appropriate agency,
38.19 give security or post bond payable to the appropriate agency in
38.20 an amount equal to the retail value of the seized vehicle. On
38.21 posting the security or bond, the seized vehicle may be returned
38.22 to the owner only if a disabling device is attached to the
38.23 vehicle. The forfeiture action shall proceed against the
38.24 security as if it were the seized vehicle.
38.25 Subd. 5. [EVIDENCE.] Certified copies of court records and
38.26 motor vehicle and driver's license records concerning prior
38.27 impaired driving convictions and prior license revocations are
38.28 admissible as substantive evidence where necessary to prove the
38.29 commission of a designated offense or the occurrence of a
38.30 designated license revocation.
38.31 Subd. 6. [MOTOR VEHICLES SUBJECT TO FORFEITURE.] A motor
38.32 vehicle is subject to forfeiture under this section if it was
38.33 used in the commission of a designated offense or was used in
38.34 conduct resulting in a designated license revocation.
38.35 Subd. 7. [LIMITATIONS ON FORFEITURE OF MOTOR VEHICLES.]
38.36 (a) A vehicle is subject to forfeiture under this section only
39.1 if:
39.2 (1) the driver is convicted of the designated offense upon
39.3 which the forfeiture is based; or
39.4 (2) the driver fails to appear with respect to the
39.5 designated offense charge in violation of section 609.49; or
39.6 (3) the driver's conduct results in a designated license
39.7 revocation and the driver either fails to seek administrative or
39.8 judicial review of the revocation in a timely manner as required
39.9 by section 169.123, subdivision 5b or 5c, or the revocation is
39.10 sustained under section 169.123, subdivision 5b or 6.
39.11 (b) A vehicle encumbered by a bona fide security interest,
39.12 or subject to a lease that has a term of 180 days or more, is
39.13 subject to the interest of the secured party or lessor unless
39.14 the party or lessor had knowledge of or consented to the act
39.15 upon which the forfeiture is based.
39.16 (c) Notwithstanding paragraph (b), the secured party's or
39.17 lessor's interest in a vehicle is not subject to forfeiture
39.18 based solely on the secured party's or lessor's knowledge of the
39.19 act or omission upon which the forfeiture is based if the
39.20 secured party or lessor took reasonable steps to terminate use
39.21 of the vehicle by the offender.
39.22 (d) A motor vehicle is subject to forfeiture under this
39.23 section only if its owner knew or should have known of the
39.24 unlawful use or intended use.
39.25 (e) A vehicle subject to a security interest, based upon a
39.26 loan or other financing arranged by a financial institution, is
39.27 subject to the interest of the financial institution.
39.28 Subd. 7a. [ADMINISTRATIVE FORFEITURE PROCEDURE.] (a) A
39.29 motor vehicle used to commit a designated offense or used in
39.30 conduct resulting in a designated license revocation is subject
39.31 to administrative forfeiture under this subdivision.
39.32 (b) When a motor vehicle is seized under subdivision 2, the
39.33 appropriate agency shall serve the driver or operator of the
39.34 vehicle with a notice of the seizure and intent to forfeit the
39.35 vehicle. Additionally, when a motor vehicle is seized under
39.36 subdivision 2, or within a reasonable time after that, all
40.1 persons known to have an ownership or possessory interest in the
40.2 vehicle must be notified of the seizure and the intent to
40.3 forfeit the vehicle. Notice mailed by certified mail to the
40.4 address shown in department of public safety records is
40.5 sufficient notice to the registered owner of the vehicle.
40.6 Otherwise, notice may be given in the manner provided by law for
40.7 service of a summons in a civil action.
40.8 (c) The notice must be in writing and contain:
40.9 (1) a description of the vehicle seized;
40.10 (2) the date of seizure; and
40.11 (3) notice of the right to obtain judicial review of the
40.12 forfeiture and of the procedure for obtaining that judicial
40.13 review, printed in English, Hmong, and Spanish. Substantially
40.14 the following language must appear conspicuously: "IF YOU DO
40.15 NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA
40.16 STATUTES, SECTION 169.1217, SUBDIVISION 7a, YOU LOSE THE RIGHT
40.17 TO A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY
40.18 RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY. YOU MAY NOT
40.19 HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE
40.20 UNABLE TO AFFORD THE FEE. YOU DO NOT HAVE TO PAY THE FILING FEE
40.21 IF THE PROPERTY IS WORTH LESS THAN $500 AND YOU FILE YOUR CLAIM
40.22 IN CONCILIATION COURT."
40.23 (d) Within 30 days following service of a notice of seizure
40.24 and forfeiture under this subdivision, a claimant may file a
40.25 demand for a judicial determination of the forfeiture. The
40.26 demand must be in the form of a civil complaint and must be
40.27 filed with the court administrator in the county in which the
40.28 seizure occurred, together with proof of service of a copy of
40.29 the complaint on the prosecuting authority having jurisdiction
40.30 over the forfeiture, and the standard filing fee for civil
40.31 actions unless the petitioner has the right to sue in forma
40.32 pauperis under section 563.01. If the value of the seized
40.33 property is less than $500, the claimant may file an action in
40.34 conciliation court for recovery of the seized vehicle without
40.35 paying the conciliation court filing fee. No responsive
40.36 pleading is required of the prosecuting authority and no court
41.1 fees may be charged for the prosecuting authority's appearance
41.2 in the matter. Except as provided in this section, judicial
41.3 reviews and hearings are governed by section 169.123,
41.4 subdivisions 5c and 6, and shall take place at the same time as
41.5 any judicial review of the person's license revocation under
41.6 section 169.123. The proceedings may be combined with any
41.7 hearing on a petition filed under section 169.123, subdivision
41.8 5c, and are governed by the rules of civil procedure.
41.9 (e) The complaint must be captioned in the name of the
41.10 claimant as plaintiff and the seized vehicle as defendant, and
41.11 must state with specificity the grounds on which the claimant
41.12 alleges the vehicle was improperly seized and the plaintiff's
41.13 interest in the vehicle seized. Notwithstanding any law to the
41.14 contrary, an action for the return of a vehicle seized under
41.15 this section may not be maintained by or on behalf of any person
41.16 who has been served with a notice of seizure and forfeiture
41.17 unless the person has complied with this subdivision.
41.18 (f) If the claimant makes a timely demand for a judicial
41.19 determination under this subdivision, the appropriate agency
41.20 must conduct the forfeiture under subdivision 8.
41.21 (g) If a demand for judicial determination of an
41.22 administrative forfeiture is filed under this subdivision and
41.23 the court orders the return of the seized vehicle, the court
41.24 shall order that filing fees be reimbursed to the person who
41.25 filed the demand. In addition, the court may order the payment
41.26 of reasonable costs, expenses, and attorney fees under section
41.27 549.21, subdivision 2.
41.28 Subd. 8. [JUDICIAL FORFEITURE PROCEDURE.] (a) This
41.29 subdivision governs judicial determinations of the forfeiture of
41.30 a motor vehicle used to commit a designated offense is subject
41.31 to forfeiture under this subdivision or used in conduct
41.32 resulting in a designated license revocation.
41.33 (b) A separate complaint shall be filed against the
41.34 vehicle, describing it, and specifying that it was used in the
41.35 commission of a designated offense or was used in conduct
41.36 resulting in a designated license revocation, and specifying the
42.1 time and place of its unlawful use. If the forfeiture was based
42.2 on the commission of a designated offense and the person charged
42.3 with a the designated offense appears in court as required and
42.4 is not convicted of the offense, the court shall dismiss the
42.5 complaint against the vehicle and order the property returned to
42.6 the person legally entitled to it. If the forfeiture is based
42.7 on a designated license revocation, and the designated license
42.8 revocation is rescinded under section 169.123, subdivision 5a or
42.9 6, the court shall dismiss the complaint against the vehicle and
42.10 order the property returned to the person legally entitled to
42.11 it. If the lawful ownership of the vehicle used in the
42.12 commission of a designated offense or used in conduct resulting
42.13 in a designated license revocation can be determined and it is
42.14 found the owner was not privy to commission of a designated
42.15 offense or was not privy to the conduct resulting in the
42.16 designated license revocation, the vehicle shall be returned
42.17 immediately.
42.18 Subd. 9. [DISPOSITION OF FORFEITED VEHICLES.] (a) If the
42.19 vehicle is administratively forfeited under subdivision 7a, or
42.20 if the court finds under subdivision 8 that the vehicle is
42.21 subject to forfeiture under subdivisions 6 and 7, it shall order
42.22 the appropriate agency to shall:
42.23 (1) sell the vehicle and distribute the proceeds under
42.24 paragraph (b); or
42.25 (2) keep the vehicle for official use. If the agency keeps
42.26 a forfeited motor vehicle for official use, it shall make
42.27 reasonable efforts to ensure that the motor vehicle is available
42.28 for use by the agency's officers who participate in the drug
42.29 abuse resistance education program.
42.30 (b) The proceeds from the sale of forfeited vehicles, after
42.31 payment of seizure, storage, forfeiture, and sale expenses, and
42.32 satisfaction of valid liens against the property, must be
42.33 forwarded to the treasury of the political subdivision that
42.34 employs the appropriate agency responsible for the forfeiture
42.35 for use in DWI-related enforcement, training and education. If
42.36 the appropriate agency is an agency of state government, the net
43.1 proceeds must be forwarded to the state treasury and credited to
43.2 the general fund.
43.3 (c) The proceeds from the sale of forfeited off-road
43.4 recreational vehicles and motorboats, after payment of seizure,
43.5 storage, forfeiture, and sale expenses, and satisfaction of
43.6 valid liens against the property, must be forwarded to the state
43.7 treasury and credited to the following funds:
43.8 (1) if the forfeited vehicle is a motorboat, the net
43.9 proceeds must be credited to the water recreation account in the
43.10 natural resources fund;
43.11 (2) if the forfeited vehicle is a snowmobile, the net
43.12 proceeds must be credited to the snowmobile trails and
43.13 enforcement account in the natural resources fund;
43.14 (3) if the forfeited vehicle is an all-terrain vehicle, the
43.15 net proceeds must be credited to the all-terrain vehicle account
43.16 in the natural resources fund;
43.17 (4) if the forfeited vehicle is an off-highway motorcycle,
43.18 the net proceeds must be credited to the off-highway motorcycle
43.19 account in the natural resources fund;
43.20 (5) if the forfeited vehicle is an off-road vehicle, the
43.21 net proceeds must be credited to the off-road vehicle account in
43.22 the natural resources fund; and
43.23 (6) if otherwise, the net proceeds must be credited to the
43.24 general fund.
43.25 Sec. 46. Minnesota Statutes 1996, section 169.1218, is
43.26 amended to read:
43.27 169.1218 [UNDERAGE DRINKING AND DRIVING.]
43.28 (a) It is a misdemeanor for a person under the age of 21
43.29 years to drive or operate a motor vehicle while consuming
43.30 alcoholic beverages, or after having consumed alcoholic
43.31 beverages while there is physical evidence of the consumption
43.32 present in the person's body.
43.33 (b) When a person is found to have committed an offense
43.34 under paragraph (a), the court shall notify the commissioner of
43.35 public safety of its determination. Upon receipt of the court's
43.36 determination, the commissioner shall suspend the person's
44.1 driver's license or operating privileges for 30 days, or for 180
44.2 days if the person has previously been found to have violated
44.3 paragraph (a) or a statute or ordinance in conformity with
44.4 paragraph (a).
44.5 (c) If the person's conduct violates section 169.121,
44.6 subdivision 1 or 1a, or 169.1211, the penalties and license
44.7 sanctions in those laws apply instead of the license sanction in
44.8 paragraph (b).
44.9 (d) An offense under paragraph (a) may be prosecuted either
44.10 in the jurisdiction where consumption occurs or the jurisdiction
44.11 where evidence of consumption is observed.
44.12 Sec. 47. Minnesota Statutes 1996, section 169.123,
44.13 subdivision 1, is amended to read:
44.14 Subdivision 1. [PEACE OFFICER DEFINED.] For purposes of
44.15 this section, section 169.121, and section 169.1211, the term
44.16 peace officer means (1) a state patrol officer, (2) University
44.17 of Minnesota peace officer, (3) a constable as defined in
44.18 section 367.40, subdivision 3, or (4) police officer of any
44.19 municipality, including towns having powers under section
44.20 368.01, or county, and (5) for purposes of violations of those
44.21 sections in or on an off-road recreational vehicle or motorboat,
44.22 a state conservation officer.
44.23 Sec. 48. Minnesota Statutes 1996, section 169.123,
44.24 subdivision 2, is amended to read:
44.25 Subd. 2. [IMPLIED CONSENT; CONDITIONS; ELECTION OF TEST.]
44.26 (a) Any person who drives, operates, or is in physical control
44.27 of a motor vehicle within this state or upon the ice of any
44.28 boundary water of this state consents, subject to the provisions
44.29 of this section and sections 169.121 and 169.1211, to a chemical
44.30 test of that person's blood, breath, or urine for the purpose of
44.31 determining the presence of alcohol, controlled substances, or
44.32 hazardous substances. The test shall be administered at the
44.33 direction of a peace officer. The test may be required of a
44.34 person when an officer has probable cause to believe the person
44.35 was driving, operating, or in physical control of a motor
44.36 vehicle in violation of section 169.121 and one of the following
45.1 conditions exist:
45.2 (1) the person has been lawfully placed under arrest for
45.3 violation of section 169.121, or an ordinance in conformity with
45.4 it;
45.5 (2) the person has been involved in a motor vehicle
45.6 accident or collision resulting in property damage, personal
45.7 injury, or death;
45.8 (3) the person has refused to take the screening test
45.9 provided for by section 169.121, subdivision 6; or
45.10 (4) the screening test was administered and indicated an
45.11 alcohol concentration of 0.10 or more; or
45.12 (5) the screening test was administered and indicated an
45.13 alcohol concentration of 0.04 or more, if the person is under
45.14 the age of 19 years at the time of the violation.
45.15 The test may also be required of a person when an officer
45.16 has probable cause to believe the person was driving, operating,
45.17 or in physical control of a commercial motor vehicle with the
45.18 presence of any alcohol.
45.19 (b) At the time a test is requested, the person shall be
45.20 informed:
45.21 (1) that Minnesota law requires the person to take a test:
45.22 (i) to determine if the person is under the influence of
45.23 alcohol, controlled substances, or hazardous substances; (ii) to
45.24 determine the presence of a controlled substance listed in
45.25 schedule I or II, other than marijuana or tetrahydrocannabinols;
45.26 and (iii) if the motor vehicle was a commercial motor vehicle,
45.27 to determine the presence of alcohol;
45.28 (2) that refusal to take a test is a crime;
45.29 (3) if the peace officer has probable cause to believe the
45.30 person has violated the criminal vehicular homicide and injury
45.31 laws, that a test will be taken with or without the person's
45.32 consent; and
45.33 (4) that the person has the right to consult with an
45.34 attorney, but that this right is limited to the extent that it
45.35 cannot unreasonably delay administration of the test.
45.36 (c) The peace officer who requires a test pursuant to this
46.1 subdivision may direct whether the test shall be of blood,
46.2 breath, or urine. Action may be taken against a person who
46.3 refuses to take a blood test only if an alternative test was
46.4 offered and action may be taken against a person who refuses to
46.5 take a urine test only if an alternative test was offered.
46.6 Sec. 49. Minnesota Statutes 1996, section 169.123,
46.7 subdivision 4, is amended to read:
46.8 Subd. 4. [REFUSAL; REVOCATION OF LICENSE.] (a) If a person
46.9 refuses to permit a test, none shall be given, but the peace
46.10 officer shall report the refusal to the commissioner of public
46.11 safety and the authority having responsibility for prosecution
46.12 of misdemeanor offenses for the jurisdiction in which the acts
46.13 occurred. However, if a peace officer has probable cause to
46.14 believe that the person has violated section 609.21, a test may
46.15 be required and obtained despite the person's refusal. A
46.16 refusal to submit to an alcohol concentration test does not
46.17 constitute a violation of section 609.50, unless the refusal was
46.18 accompanied by force or violence or the threat of force or
46.19 violence.
46.20 (b) If a person submits to a test and, the results of that
46.21 test shall be reported to the commissioner of public safety and
46.22 to the authority having responsibility for prosecution of
46.23 misdemeanor offenses for the jurisdiction in which the acts
46.24 occurred, if the test results indicate:
46.25 (1) an alcohol concentration of 0.10 or more;
46.26 (2) an alcohol concentration of 0.04 or more, if the person
46.27 is under the age of 19 years at the time of the violation;
46.28 (3) an alcohol concentration of 0.04 or more, if the person
46.29 was driving, operating, or in physical control of a commercial
46.30 motor vehicle at the time of the violation; or
46.31 (4) the presence of a controlled substance listed in
46.32 schedule I or II, other than marijuana or tetrahydrocannabinols,
46.33 or if a person was driving, operating, or in physical control of
46.34 a commercial motor vehicle and the test results indicate an
46.35 alcohol concentration of 0.04 or more, the results of the test
46.36 shall be reported to the commissioner of public safety and to
47.1 the authority having responsibility for prosecution of
47.2 misdemeanor offenses for the jurisdiction in which the acts
47.3 occurred.
47.4 (c) Upon certification by the peace officer that there
47.5 existed probable cause to believe the person had been driving,
47.6 operating, or in physical control of a motor vehicle in
47.7 violation of section 169.121 and that the person refused to
47.8 submit to a test, the commissioner of public safety shall revoke
47.9 the person's license or permit to drive, or nonresident
47.10 operating privilege, for a period of one year even if a test was
47.11 obtained pursuant to this section after the person refused to
47.12 submit to testing.
47.13 (d) Upon certification by the peace officer that there
47.14 existed probable cause to believe the person had been driving,
47.15 operating, or in physical control of a commercial motor vehicle
47.16 with the presence of any alcohol in violation of section 169.121
47.17 or 169.1211, and that the person refused to submit to a test,
47.18 the commissioner shall disqualify the person from operating a
47.19 commercial motor vehicle for a period of one year under section
47.20 171.165 and shall revoke the person's license or permit to drive
47.21 or nonresident operating privilege for a period of one year.
47.22 (e) Upon certification by the peace officer that there
47.23 existed probable cause to believe the person had been driving,
47.24 operating, or in physical control of a motor vehicle in
47.25 violation of section 169.121 and that the person submitted to a
47.26 test and the test results indicate: an alcohol concentration of
47.27 0.10 or more; an alcohol concentration of 0.04 or more, if the
47.28 person is under the age of 19 years at the time of the
47.29 violation; or the presence of a controlled substance listed in
47.30 schedule I or II, other than marijuana or tetrahydrocannabinols,
47.31 then the commissioner of public safety shall revoke the person's
47.32 license or permit to drive, or nonresident operating privilege:
47.33 (1) for a period of 90 days; or
47.34 (2) if the person is under the age of 21 years, for a
47.35 period of six months; or
47.36 (3) for a person with a prior impaired driving conviction
48.1 or prior license revocation within the past five years, for a
48.2 period of 180 days; or
48.3 (4) if the test results indicate an alcohol concentration
48.4 of 0.20 or more, for twice the applicable period in clauses (1)
48.5 to (3).
48.6 (f) On certification by the peace officer that there
48.7 existed probable cause to believe the person had been driving,
48.8 operating, or in physical control of a commercial motor vehicle
48.9 with any presence of alcohol and that the person submitted to a
48.10 test and the test results indicated an alcohol concentration of
48.11 0.04 or more, the commissioner of public safety shall disqualify
48.12 the person from operating a commercial motor vehicle under
48.13 section 171.165.
48.14 (g) If the person is a resident without a license or permit
48.15 to operate a motor vehicle in this state, the commissioner of
48.16 public safety shall deny to the person the issuance of a license
48.17 or permit for the same period after the date of the alleged
48.18 violation as provided herein for revocation, subject to review
48.19 as hereinafter provided.
48.20 (h) As used in this subdivision, the terms "prior impaired
48.21 driving conviction" and "prior license revocation" have the
48.22 meanings given in section 169.121, subdivision 3, paragraph (a).
48.23 Sec. 50. Minnesota Statutes 1996, section 169.123,
48.24 subdivision 5a, is amended to read:
48.25 Subd. 5a. [TEST REFUSAL; DRIVING PRIVILEGE LOST.] (a) On
48.26 behalf of the commissioner of public safety, a peace officer
48.27 requiring a test or directing the administration of a chemical
48.28 test shall serve immediate notice of intention to revoke and of
48.29 revocation on a person who refuses to permit a test or on a
48.30 person who submits to a test the results of which indicate:
48.31 (1) an alcohol concentration of 0.10 or more; or
48.32 (2) an alcohol concentration of 0.04 or more, if the person
48.33 is under the age of 19 years at the time of the violation.
48.34 (b) On behalf of the commissioner of public safety, a peace
48.35 officer requiring a test or directing the administration of a
48.36 chemical test of a person driving, operating, or in physical
49.1 control of a commercial motor vehicle shall serve immediate
49.2 notice of intention to disqualify and of disqualification on a
49.3 person who refuses to permit a test, or on a person who submits
49.4 to a test the results of which indicate an alcohol concentration
49.5 of 0.04 or more.
49.6 (c) The officer shall either:
49.7 (1) take the driver's license or permit, if any, send it to
49.8 the commissioner of public safety along with the certificate
49.9 required by subdivision 4, and issue a temporary license
49.10 effective only for seven days; or
49.11 (2) invalidate the driver's license or permit in such a way
49.12 that no identifying information is destroyed.
49.13 Sec. 51. Minnesota Statutes 1996, section 169.123,
49.14 subdivision 5c, is amended to read:
49.15 Subd. 5c. [PETITION FOR JUDICIAL REVIEW.] (a) Within 30
49.16 days following receipt of a notice and order of revocation or
49.17 disqualification pursuant to this section, a person may petition
49.18 the court for review. The petition shall be filed with the
49.19 district court administrator in the county where the alleged
49.20 offense occurred, together with proof of service of a copy on
49.21 the commissioner of public safety, and accompanied by the
49.22 standard filing fee for civil actions. No responsive pleading
49.23 shall be required of the commissioner of public safety, and no
49.24 court fees shall be charged for the appearance of the
49.25 commissioner of public safety in the matter.
49.26 (b) The petition shall must:
49.27 (1) be captioned in the full name of the person making the
49.28 petition as petitioner and the commissioner of public safety as
49.29 respondent. The petition must;
49.30 (2) include the petitioner's date of birth, driver's
49.31 license number, and date of the offense. The petition shall;
49.32 and
49.33 (3) state with specificity the grounds upon which the
49.34 petitioner seeks rescission of the order of revocation,
49.35 disqualification, or denial and state the facts underlying each
49.36 claim asserted.
50.1 (c) The filing of the petition shall not stay the
50.2 revocation, disqualification, or denial. The reviewing court
50.3 may order a stay of the balance of the revocation or
50.4 disqualification if the hearing has not been conducted within 60
50.5 days after filing of the petition upon terms the court deems
50.6 proper.
50.7 (d) Judicial reviews shall be conducted according to the
50.8 rules of civil procedure except that prehearing discovery is
50.9 mandatory and is limited to:
50.10 (1) the notice of revocation;
50.11 (2) the test record, or in the case of blood or urine
50.12 tests, the certificate of analysis;
50.13 (3) the peace officer's certificate and any accompanying
50.14 documentation submitted by the arresting officer to the
50.15 commissioner of public safety; and
50.16 (4) disclosure of potential witnesses, including experts,
50.17 and the basis of their testimony.
50.18 Other types of discovery are not available.
50.19 Sec. 52. Minnesota Statutes 1996, section 169.123,
50.20 subdivision 6, is amended to read:
50.21 Subd. 6. [HEARING.] (a) A hearing under this section shall
50.22 be before a district judge in any county in the judicial
50.23 district where the alleged offense occurred. The hearing shall
50.24 be to the court and may be conducted at the same time and in the
50.25 same manner as hearings upon pretrial motions in the criminal
50.26 prosecution under section 169.121, if any. The hearing shall be
50.27 recorded. The commissioner of public safety shall appear and be
50.28 represented by the attorney general or through the prosecuting
50.29 authority for the jurisdiction involved. The hearing shall be
50.30 held at the earliest practicable date, and in any event no later
50.31 than 60 days following the filing of the petition for review.
50.32 The judicial district administrator shall establish procedures
50.33 to ensure efficient compliance with this subdivision. To
50.34 accomplish this, the administrator may, whenever possible,
50.35 consolidate and transfer review hearings among the county courts
50.36 within the judicial district.
51.1 (b) The scope of the hearing shall be limited to the issues
51.2 in clauses (1) to (9) (10):
51.3 (1) Did the peace officer have probable cause to believe
51.4 the person was driving, operating, or in physical control of:
51.5 (i) a motor vehicle in violation of section 169.121; or
51.6 (ii) a commercial motor vehicle in violation of section
51.7 169.1211?
51.8 (2) Was the person lawfully placed under arrest for
51.9 violation of section 169.121 or 169.1211?
51.10 (3) Was the person involved in a motor vehicle accident or
51.11 collision resulting in property damage, personal injury, or
51.12 death?
51.13 (4) Did the person refuse to take a screening test provided
51.14 for by section 169.121, subdivision 6?
51.15 (5) If the screening test was administered, did the test
51.16 indicate:
51.17 (i) an alcohol concentration of 0.10 or more; or
51.18 (ii) an alcohol concentration of 0.04 or more, if the
51.19 person is under the age of 19 years at the time of the violation?
51.20 (6) At the time of the request for the test, did the peace
51.21 officer inform the person of the person's rights and the
51.22 consequences of taking or refusing the test as required by
51.23 subdivision 2?
51.24 (7) Did the person refuse to permit the test?
51.25 (8) If a test was taken:
51.26 (i) by a person driving, operating, or in physical control
51.27 of a motor vehicle, did the test results indicate at the time of
51.28 testing:
51.29 (i) an alcohol concentration of 0.10 or more at the time of
51.30 testing;
51.31 (ii) an alcohol concentration of 0.04 or more, if the
51.32 person is under the age of 19 years at the time of the
51.33 violation; or
51.34 (iii) the presence of a controlled substance listed in
51.35 schedule I or II, other than marijuana or tetrahydrocannabinols;
51.36 or?
52.1 (ii) (9) If a test was taken by a person driving,
52.2 operating, or in physical control of a commercial motor vehicle,
52.3 did the test results indicate an alcohol concentration of 0.04
52.4 or more at the time of testing?
52.5 (9) (10) Was the testing method used valid and reliable and
52.6 were the test results accurately evaluated?
52.7 (c) It shall be an affirmative defense for the petitioner
52.8 to prove that, at the time of the refusal, the petitioner's
52.9 refusal to permit the test was based upon reasonable grounds.
52.10 (d) Certified or otherwise authenticated copies of
52.11 laboratory or medical personnel reports, records, documents,
52.12 licenses, and certificates shall be admissible as substantive
52.13 evidence.
52.14 (e) The court shall order that the revocation or
52.15 disqualification be either rescinded or sustained and forward
52.16 the order to the commissioner of public safety. The court shall
52.17 file its order within 14 days following the hearing. If the
52.18 revocation or disqualification is sustained, the court shall
52.19 also forward the person's driver's license or permit to the
52.20 commissioner of public safety for further action by the
52.21 commissioner of public safety if the license or permit is not
52.22 already in the commissioner's possession.
52.23 Sec. 53. Minnesota Statutes 1996, section 169.126,
52.24 subdivision 1, is amended to read:
52.25 Subdivision 1. [REQUIREMENT; FORM.] A chemical use
52.26 assessment shall be conducted and an assessment report submitted
52.27 to the court and to the department of public safety by the
52.28 county agency administering the alcohol safety program when:
52.29 (a) The defendant is convicted of an offense described in
52.30 section 169.121 or, 169.1211, 169.129, or 360.0752; or
52.31 (b) The defendant is arrested for committing an offense
52.32 described in section 169.121 or 169.129 but is convicted of
52.33 another offense arising out of the circumstances surrounding the
52.34 arrest.
52.35 Sec. 54. Minnesota Statutes 1996, section 169.1261, is
52.36 amended to read:
53.1 169.1261 [REINSTATEMENT OF DRIVING PRIVILEGES; NOTICE.]
53.2 Upon expiration of a period of revocation under section
53.3 169.121 or 169.123, the commissioner of public safety shall
53.4 notify the person of the terms upon which driving privileges can
53.5 be reinstated, and new registration plates issued, which terms
53.6 are: (1) successful completion of a driving test an examination
53.7 and proof of compliance with any terms of alcohol treatment or
53.8 counseling previously prescribed, if any; and (2) any other
53.9 requirements imposed by the commissioner and applicable to that
53.10 particular case. The commissioner shall notify the owner of a
53.11 motor vehicle subject to an impoundment order under section
53.12 168.041 as a result of the violation of the procedures for
53.13 obtaining new registration plates, if the owner is not the
53.14 violator. The commissioner shall also notify the person that if
53.15 driving is resumed without reinstatement of driving privileges
53.16 or without valid registration plates and registration
53.17 certificate, the person will be subject to criminal penalties.
53.18 Sec. 55. Minnesota Statutes 1996, section 169.129, is
53.19 amended to read:
53.20 169.129 [AGGRAVATED VIOLATIONS; PENALTY.]
53.21 Subdivision 1. [CRIME.] It is a crime for any person is
53.22 guilty of a gross misdemeanor who drives, operates, or is to
53.23 drive, operate, or be in physical control of a motor vehicle,
53.24 the operation of which requires a driver's license, within this
53.25 state or upon the ice of any boundary water of this state in
53.26 violation of section 169.121 or an ordinance in conformity with
53.27 it before the person's driver's license or driver's driving
53.28 privilege has been reinstated following its cancellation,
53.29 suspension, revocation, disqualification, or denial under any of
53.30 the following:
53.31 (1) section 169.121, 169.1211, or 169.123;
53.32 (2) section 171.04, 171.14, 171.16, 171.17, or 171.18
53.33 because of an alcohol-related incident;
53.34 (3) section 609.21, subdivision 1, clauses (2) to (6);
53.35 609.21, subdivision 2, clauses (2) to (6); 609.21, subdivision
53.36 2a, clauses (2) to (6); 609.21, subdivision 2b, clauses (2) to
54.1 (6); 609.21, subdivision 3, clauses (2) to (6); or 609.21,
54.2 subdivision 4, clauses (2) to (6).
54.3 Subd. 2. [PENALTIES.] (a) Except as otherwise provided in
54.4 paragraph (b), a person who violates subdivision 1 is guilty of
54.5 a gross misdemeanor.
54.6 (b) A person is guilty of an enhanced gross misdemeanor and
54.7 may be sentenced to imprisonment in a local correctional
54.8 facility for not more than two years or to payment of a fine of
54.9 not more than $3,000, or both, if the person violates
54.10 subdivision 1 and the person's driver's license or driving
54.11 privilege has been suspended, revoked, canceled, denied, or
54.12 disqualified two or more times within the past ten years under
54.13 any of the statutes listed in subdivision 1. A person convicted
54.14 of an enhanced gross misdemeanor under this paragraph is subject
54.15 to the applicable mandatory penalties provided in section
54.16 169.121, subdivision 3d.
54.17 Subd. 3. [PROSECUTION.] The attorney in the jurisdiction
54.18 in which the violation of this section occurred who is
54.19 responsible for prosecution of misdemeanor violations of section
54.20 169.121 shall also be responsible for prosecution of violations
54.21 of this section.
54.22 Sec. 56. Minnesota Statutes 1996, section 171.07, is
54.23 amended by adding a subdivision to read:
54.24 Subd. 12. [SNOWMOBILE SAFETY CERTIFICATE.] (a) The
54.25 department shall maintain in its records information transmitted
54.26 electronically from the commissioner of natural resources
54.27 identifying each person whom the commissioner has issued a
54.28 snowmobile safety certificate.
54.29 (b) After receiving information under paragraph (a) that a
54.30 person has received a snowmobile safety certificate, the
54.31 department shall include, on all drivers' licenses or Minnesota
54.32 identification cards subsequently issued to the person, a
54.33 graphic or written indication that the person has received the
54.34 certificate.
54.35 (c) If a person who has received a snowmobile safety
54.36 certificate applies for a driver's license or Minnesota
55.1 identification card before that information has been transmitted
55.2 to the department, the department may accept a copy of the
55.3 certificate as proof of its issuance and shall then follow the
55.4 procedures in paragraph (b).
55.5 Sec. 57. Minnesota Statutes 1996, section 171.12, is
55.6 amended by adding a subdivision to read:
55.7 Subd. 2a. [ALCOHOL CONCENTRATION ON DRIVING RECORD.] When
55.8 a person's driver's license or permit to drive is revoked or
55.9 suspended pursuant to section 169.123, or when a person is
55.10 convicted for violating section 169.121, 169.1211, 169.1218,
55.11 169.129, 360.0752, or 609.21, and a test of the person's breath,
55.12 urine, or blood has been made to determine the person's alcohol
55.13 concentration, the commissioner of public safety shall record
55.14 the test results on the person's driving record pertaining to
55.15 that violation. The alcohol concentration is classified as
55.16 public data on individuals, as defined in section 13.02,
55.17 subdivision 15, and must be kept for the period of time
55.18 specified in subdivision 3, clause (2).
55.19 Sec. 58. Minnesota Statutes 1996, section 171.19, is
55.20 amended to read:
55.21 171.19 [PETITION FOR LICENSE REINSTATEMENT.]
55.22 Any person whose driver's license has been refused,
55.23 revoked, suspended, or canceled, or disqualified by the
55.24 commissioner, except where the license is revoked or
55.25 disqualified under section 169.123, may file a petition for a
55.26 hearing in the matter in the district court in the county
55.27 wherein such person shall reside and, in the case of a
55.28 nonresident, in the district court in any county, and such court
55.29 is hereby vested with jurisdiction, and it shall be its duty, to
55.30 set the matter for hearing upon 15 days' written notice to the
55.31 commissioner, and thereupon to take testimony and examine into
55.32 the facts of the case to determine whether the petitioner is
55.33 entitled to a license or is subject to revocation, suspension,
55.34 cancellation, disqualification, or refusal of license, and shall
55.35 render judgment accordingly. The petition shall be heard by the
55.36 court without a jury and may be heard in or out of term. The
56.1 commissioner may appear in person, or by agents or
56.2 representatives, and may present evidence upon the hearing by
56.3 affidavit personally, by agents, or by representatives. The
56.4 petitioner may present evidence by affidavit, except that the
56.5 petitioner must be present in person at such hearing for the
56.6 purpose of cross-examination. In the event the department shall
56.7 be sustained in these proceedings, the petitioner shall have no
56.8 further right to make further petition to any court for the
56.9 purpose of obtaining a driver's license until after the
56.10 expiration of one year after the date of such hearing.
56.11 Sec. 59. Minnesota Statutes 1996, section 171.20,
56.12 subdivision 4, is amended to read:
56.13 Subd. 4. [REINSTATEMENT FEE.] Before the license is
56.14 reinstated, a person whose driver's license has been suspended
56.15 under section 171.16, subdivision 2; 171.18, except subdivision
56.16 1, clause (10); or 171.182, or who has been disqualified from
56.17 holding a commercial driver's license under section 171.165 must
56.18 pay a $20 fee before the license is reinstated of $25 until June
56.19 30, 1999, and $20 thereafter. When this fee is collected by a
56.20 county-operated office of deputy registrar, a $3.50 handling
56.21 charge is imposed. The handling charge must be deposited in the
56.22 treasury of the place for which the deputy registrar was
56.23 appointed and the $20 reinstatement fee must be deposited in an
56.24 approved state depository as directed under section 168.33,
56.25 subdivision 2. A suspension may be rescinded without fee for
56.26 good cause.
56.27 Sec. 60. Minnesota Statutes 1996, section 171.30, is
56.28 amended by adding a subdivision to read:
56.29 Subd. 2c. [EXTENDED WAITING PERIOD.] If a person's license
56.30 or privilege has been revoked or suspended for a violation of
56.31 section 169.121 or 169.123, or a statute or ordinance from
56.32 another state in conformity with either of those sections, and
56.33 the person's alcohol concentration was 0.20 or greater at the
56.34 time of the violation, a limited license may not be issued for a
56.35 period of time equal to twice the time period specified in
56.36 subdivision 2a or 2b.
57.1 Sec. 61. Minnesota Statutes 1996, section 340A.503,
57.2 subdivision 2, is amended to read:
57.3 Subd. 2. [PURCHASING.] It is unlawful for any person:
57.4 (1) to sell, barter, furnish, or give alcoholic beverages
57.5 to a person under 21 years of age;
57.6 (2) under the age of 21 years to purchase or attempt to
57.7 purchase any alcoholic beverage unless under the supervision of
57.8 a responsible person over the age of 21 for training, education,
57.9 or research purposes. Prior notification of the licensing
57.10 authority is required unless the supervised alcohol purchase
57.11 attempt is for professional research conducted by post-secondary
57.12 educational institutions or state, county, or local health
57.13 departments; or
57.14 (3) to induce a person under the age of 21 years to
57.15 purchase or procure any alcoholic beverage, or to lend or
57.16 knowingly permit the use of the person's driver's license,
57.17 permit, Minnesota identification card, or other form of
57.18 identification by a person under the age of 21 years for the
57.19 purpose of purchasing or attempting to purchase an alcoholic
57.20 beverage.
57.21 If proven by a preponderance of the evidence, it shall be
57.22 an affirmative defense to a violation of clause (1) that the
57.23 defendant is the parent or guardian of the person under 21 years
57.24 of age and that the defendant gave or furnished the alcoholic
57.25 beverage to that person solely for consumption in the
57.26 defendant's household.
57.27 Sec. 62. Minnesota Statutes 1996, section 357.021,
57.28 subdivision 1a, is amended to read:
57.29 Subd. 1a. (a) Every person, including the state of
57.30 Minnesota and all bodies politic and corporate, who shall
57.31 transact any business in the district court, shall pay to the
57.32 court administrator of said court the sundry fees prescribed in
57.33 subdivision 2. Except as provided in paragraph (d), the court
57.34 administrator shall transmit the fees monthly to the state
57.35 treasurer for deposit in the state treasury and credit to the
57.36 general fund.
58.1 (b) In a county which has a screener-collector position,
58.2 fees paid by a county pursuant to this subdivision shall be
58.3 transmitted monthly to the county treasurer, who shall apply the
58.4 fees first to reimburse the county for the amount of the salary
58.5 paid for the screener-collector position. The balance of the
58.6 fees collected shall then be forwarded to the state treasurer
58.7 for deposit in the state treasury and credited to the general
58.8 fund. In a county in the eighth judicial district which has a
58.9 screener-collector position, the fees paid by a county shall be
58.10 transmitted monthly to the state treasurer for deposit in the
58.11 state treasury and credited to the general fund. A
58.12 screener-collector position for purposes of this paragraph is an
58.13 employee whose function is to increase the collection of fines
58.14 and to review the incomes of potential clients of the public
58.15 defender, in order to verify eligibility for that service.
58.16 (c) No fee is required under this section from the public
58.17 authority or the party the public authority represents in an
58.18 action for:
58.19 (1) child support enforcement or modification, medical
58.20 assistance enforcement, or establishment of parentage in the
58.21 district court, or child or medical support enforcement
58.22 conducted by an administrative law judge in an administrative
58.23 hearing under section 518.5511;
58.24 (2) civil commitment under chapter 253B;
58.25 (3) the appointment of a public conservator or public
58.26 guardian or any other action under chapters 252A and 525;
58.27 (4) wrongfully obtaining public assistance under section
58.28 256.98 or 256D.07, or recovery of overpayments of public
58.29 assistance;
58.30 (5) court relief under chapter 260;
58.31 (6) forfeiture of property under sections 169.1217 and
58.32 609.531 to 609.5317;
58.33 (7) recovery of amounts issued by political subdivisions or
58.34 public institutions under sections 246.52, 252.27, 256.045,
58.35 256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, and
58.36 260.251, or other sections referring to other forms of public
59.1 assistance; or
59.2 (8) restitution under section 611A.04.
59.3 (d) The fees collected for child support modifications
59.4 under subdivision 2, clause (13), must be transmitted to the
59.5 county treasurer for deposit in the county general fund. The
59.6 fees must be used by the county to pay for child support
59.7 enforcement efforts by county attorneys.
59.8 Sec. 63. Minnesota Statutes 1996, section 364.09, is
59.9 amended to read:
59.10 364.09 [EXCEPTIONS.]
59.11 (a) This chapter does not apply to the licensing process
59.12 for peace officers; to law enforcement agencies as defined in
59.13 section 626.84, subdivision 1, paragraph (h); to fire protection
59.14 agencies; to eligibility for a private detective or protective
59.15 agent license; to eligibility for a family day care license, a
59.16 family foster care license, or a home care provider license; to
59.17 eligibility for school bus driver endorsements; or to
59.18 eligibility for special transportation service endorsements; or
59.19 to eligibility for a commercial driver training instructor
59.20 license, which is governed by section 171.35 and rules adopted
59.21 under that section. This chapter also shall not apply to
59.22 eligibility for juvenile corrections employment, where the
59.23 offense involved child physical or sexual abuse or criminal
59.24 sexual conduct.
59.25 (b) This chapter does not apply to a school district or to
59.26 eligibility for a license issued or renewed by the board of
59.27 teaching or the state board of education.
59.28 (c) Nothing in this section precludes the Minnesota police
59.29 and peace officers training board or the state fire marshal from
59.30 recommending policies set forth in this chapter to the attorney
59.31 general for adoption in the attorney general's discretion to
59.32 apply to law enforcement or fire protection agencies.
59.33 (d) This chapter does not apply to a license to practice
59.34 medicine that has been denied or revoked by the board of medical
59.35 practice pursuant to section 147.091, subdivision 1a.
59.36 Sec. 64. Minnesota Statutes 1996, section 609.02,
60.1 subdivision 2, is amended to read:
60.2 Subd. 2. [FELONY.] "Felony" means a crime, other than an
60.3 enhanced gross misdemeanor, for which a sentence of imprisonment
60.4 for more than one year may be imposed.
60.5 Sec. 65. Minnesota Statutes 1996, section 609.02, is
60.6 amended by adding a subdivision to read:
60.7 Subd. 2a. [ENHANCED GROSS MISDEMEANOR.] "Enhanced gross
60.8 misdemeanor" means a crime for which a sentence of not more than
60.9 two years imprisonment in a correctional facility or a fine of
60.10 not more than $3,000, or both, may be imposed.
60.11 Sec. 66. Minnesota Statutes 1996, section 609.105, is
60.12 amended to read:
60.13 609.105 [SENTENCE OF IMPRISONMENT.]
60.14 Subdivision 1. Except as otherwise provided in subdivision
60.15 3, a sentence to imprisonment for more than one year shall
60.16 commit the defendant to the custody of the commissioner of
60.17 corrections.
60.18 Subd. 2. The commissioner of corrections shall determine
60.19 the place of confinement in a prison, reformatory, or other
60.20 facility of the department of corrections established by law for
60.21 the confinement of convicted persons and prescribe reasonable
60.22 conditions and rules for their employment, conduct, instruction,
60.23 and discipline within or without the facility.
60.24 Subd. 3. A sentence to imprisonment for an enhanced gross
60.25 misdemeanor or for a period of one year or any lesser period
60.26 shall be to a workhouse, work farm, county jail, or other place
60.27 authorized by law.
60.28 Sec. 67. Minnesota Statutes 1996, section 609.135,
60.29 subdivision 2, is amended to read:
60.30 Subd. 2. [STAY OF SENTENCE MAXIMUM PERIODS.] (a) If the
60.31 conviction is for a felony the stay shall be for not more than
60.32 four years or the maximum period for which the sentence of
60.33 imprisonment might have been imposed, whichever is longer.
60.34 (b) If the conviction is for an enhanced gross misdemeanor
60.35 violation of section 169.121 or 169.129, the stay shall be for
60.36 not more than six years. The court shall provide for
61.1 unsupervised probation for the last year of the stay unless the
61.2 court finds that the defendant needs supervised probation for
61.3 all or part of the last year.
61.4 (c) If the conviction is for a gross misdemeanor violation
61.5 of section 169.121 or 169.129, the stay shall be for not more
61.6 than four years. The court shall provide for unsupervised
61.7 probation for the last one year of the stay unless the court
61.8 finds that the defendant needs supervised probation for all or
61.9 part of the last one year.
61.10 (c) (d) If the conviction is for a gross misdemeanor not
61.11 specified in paragraph (b) (c), the stay shall be for not more
61.12 than two years.
61.13 (d) (e) If the conviction is for any misdemeanor under
61.14 section 169.121; 609.746, subdivision 1; 609.79; or 617.23; or
61.15 for a misdemeanor under section 609.2242 or 609.224, subdivision
61.16 1, in which the victim of the crime was a family or household
61.17 member as defined in section 518B.01, the stay shall be for not
61.18 more than two years. The court shall provide for unsupervised
61.19 probation for the second year of the stay unless the court finds
61.20 that the defendant needs supervised probation for all or part of
61.21 the second year.
61.22 (e) (f) If the conviction is for a misdemeanor not
61.23 specified in paragraph (d) (e), the stay shall be for not more
61.24 than one year.
61.25 (f) (g) The defendant shall be discharged six months after
61.26 the term of the stay expires, unless the stay has been revoked
61.27 or extended under paragraph (g) (h), or the defendant has
61.28 already been discharged.
61.29 (g) (h) Notwithstanding the maximum periods specified for
61.30 stays of sentences under paragraphs (a) to (f) (g), a court may
61.31 extend a defendant's term of probation for up to one year if it
61.32 finds, at a hearing conducted under subdivision 1a, that:
61.33 (1) the defendant has not paid court-ordered restitution or
61.34 a fine in accordance with the payment schedule or structure; and
61.35 (2) the defendant is likely to not pay the restitution or
61.36 fine the defendant owes before the term of probation expires.
62.1 This one-year extension of probation for failure to pay
62.2 restitution or a fine may be extended by the court for up to one
62.3 additional year if the court finds, at another hearing conducted
62.4 under subdivision 1a, that the defendant still has not paid the
62.5 court-ordered restitution or fine that the defendant owes.
62.6 Sec. 68. Minnesota Statutes 1996, section 609.15,
62.7 subdivision 2, is amended to read:
62.8 Subd. 2. [LIMIT ON SENTENCES; MISDEMEANOR AND GROSS
62.9 MISDEMEANOR.] If the court specifies that the sentence shall run
62.10 consecutively and all of the sentences are for misdemeanors, the
62.11 total of the sentences shall not exceed one year. If the
62.12 sentences are for a gross misdemeanor or enhanced gross
62.13 misdemeanor and one or more misdemeanors, the total of the
62.14 sentences shall not exceed two years. If all of the sentences
62.15 are for gross misdemeanors and enhanced gross misdemeanors, the
62.16 total of the sentences shall not exceed four years.
62.17 Sec. 69. Minnesota Statutes 1996, section 609.487, is
62.18 amended by adding a subdivision to read:
62.19 Subd. 2a. [MOTOR VEHICLE; DEFINITION.] "Motor vehicle" has
62.20 the meaning given in section 169.01, subdivision 3, and includes
62.21 off-road recreational vehicles as defined in section 169.01,
62.22 subdivision 84, and motorboats as defined in section 169.01,
62.23 subdivision 85.
62.24 Sec. 70. Minnesota Statutes 1996, section 634.15,
62.25 subdivision 2, is amended to read:
62.26 Subd. 2. [TESTIMONY AT TRIAL.] Except in civil
62.27 proceedings, including proceedings under section 169.123, an
62.28 accused person or the accused person's attorney may request, by
62.29 notifying the prosecuting attorney at least ten days before the
62.30 trial, that the following persons testify in person at the trial
62.31 on behalf of the state:
62.32 (a) A person who performed the laboratory analysis or
62.33 examination for the report described in subdivision 1, clause
62.34 (a); or
62.35 (b) A person who prepared the blood sample report described
62.36 in subdivision 1, clause (b).
63.1 If a petitioner in a proceeding under section 169.123
63.2 subpoenas a person described in paragraph (a) or (b) to testify
63.3 at the proceeding, the petitioner is not required to pay the
63.4 person witness fees under section 357.22 in excess of $100.
63.5 Sec. 71. [PUBLIC AWARENESS CAMPAIGN.]
63.6 The commissioner of public safety shall implement a public
63.7 awareness campaign to educate the public on the vehicle
63.8 forfeiture law under Minnesota Statutes, section 169.1217, and
63.9 the administrative plate impoundment law under Minnesota
63.10 Statutes, section 168.042.
63.11 This campaign must focus on increasing the public's
63.12 understanding of these laws, specifically the offenses that the
63.13 laws cover and the time periods in which the offenses must occur
63.14 to result in impoundment or forfeiture.
63.15 The commissioner may conduct the campaign by including
63.16 information in future editions of the driver's manual and using
63.17 public service announcements, advertisements, and any other
63.18 methods deemed appropriate by the commissioner. The
63.19 commissioner shall attempt to maximize the use of innovative
63.20 methods to conduct the campaign.
63.21 Sec. 72. [REVISOR'S INSTRUCTION.]
63.22 In each section of Minnesota Statutes referred to in column
63.23 A, the revisor of statutes shall delete the reference in column
63.24 B, and insert the reference in column C.
63.25 Column A Column B Column C
63.26 84.83 84.912 169.1217
63.27 84.927 84.912 169.1217
63.28 86B.305 86B.331 169.121
63.29 86B.811 86B.331 169.121
63.30 97B.065 86B.331, subd. 4 169.121, subd. 2
63.31 97B.066 86B.335, subds. 169.123, subds.
63.32 8, 9, and 10 2b, 2c, and 3
63.33 Sec. 73. [APPROPRIATIONS.]
63.34 Subdivision 1. [PUBLIC SAFETY.] $110,000 for the fiscal
63.35 year ending June 30, 1998, and $138,000 for the fiscal year
63.36 ending June 30, 1999, is appropriated from the trunk highway
64.1 fund to the commissioner of public safety for costs associated
64.2 with this act.
64.3 Subd. 2. [ATTORNEY GENERAL.] $57,000 for the fiscal year
64.4 ending June 30, 1998 and $114,000 for the fiscal year ending
64.5 June 30, 1999 is appropriated from the general fund to the
64.6 attorney general for costs associated with this act.
64.7 Subd. 3. [PUBLIC DEFENSE.] $7,000 for the fiscal year
64.8 ending June 30, 1998 and $15,000 for the fiscal year ending June
64.9 30, 1999 is appropriated from the general fund to the board of
64.10 public defense for costs associated with this act.
64.11 Sec. 74. [REPEALER.]
64.12 Minnesota Statutes 1996, sections 84.873; 84.91,
64.13 subdivisions 2, 3, 4, 5, 5a, 6, 7, and 8; 84.911, subdivisions
64.14 1, 2, 3, 4, 5, and 6; 84.912; 84.9254; 86B.331, subdivisions 2,
64.15 3, 4, 5, 5a, 6, 7, and 8; 86B.335, subdivisions 1, 2, 3, 4, 5,
64.16 6, 7, 8, 9, 10, 11, and 12; 86B.337; 97B.066, subdivision 6; and
64.17 169.121, subdivision 3a, are repealed.
64.18 Sec. 75. [EFFECTIVE DATE.]
64.19 Section 61 is effective August 1, 1997. Sections 1 to 20,
64.20 22 to 58, 60, 62 to 72, and 74 are effective January 1, 1998,
64.21 and apply to violations occurring on or after that date.
64.22 However, violations occurring before January 1, 1998, which are
64.23 listed in Minnesota Statutes, section 169.121, subdivision 3,
64.24 paragraph (a), are considered prior impaired driving convictions
64.25 or prior license revocations for purposes of: determining
64.26 conditional release, long-term monitoring, criminal penalties,
64.27 sentencing, and administrative licensing sanctions for a person
64.28 charged for or convicted of a violation occurring on or after
64.29 January 1, 1998.
64.30 Sections 21 and 59 are effective July 1, 1997, and apply to
64.31 vehicle registrations and driver's license reinstatements,
64.32 respectively, occurring on or after that date.
64.33 Repeal of civil penalty payment and enforcement provisions
64.34 in Minnesota Statutes, sections 84.911 and 86B.335, applies only
64.35 to refusals occurring on or after January 1, 1998.