SF 1097

2nd Engrossment - 90th Legislature (2017 - 2018) Posted on 05/03/2018 08:57am

A bill for an act
relating to public safety; enhancing penalties and establishing minimum fines for
repeat violations of driving without a valid license; amending Minnesota Statutes
2016, section 171.24.

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

Section 1.

Minnesota Statutes 2016, section 171.24, is amended to read:

171.24 VIOLATIONS; DRIVING WITHOUT VALID LICENSE.

Subdivision 1.

Driving after suspension; misdemeanor.

Except as otherwise provided
in subdivision 5, a person is guilty of a misdemeanor if:

(1) the person's driver's license or driving privilege has been suspended;

(2) the person has been given notice of or reasonably should know of the suspension;
and

(3) the person disobeys the order by operating in this state any motor vehicle, the
operation of which requires a driver's license, while the person's license or privilege is
suspended.

Subd. 2.

Driving after revocation; misdemeanor.

Except as otherwise provided in
subdivision 5, a person is guilty of a misdemeanor if:

(1) the person's driver's license or driving privilege has been revoked;

(2) the person has been given notice of or reasonably should know of the revocation;
and

(3) the person disobeys the order by operating in this state any motor vehicle, the
operation of which requires a driver's license, while the person's license or privilege is
revoked.

Subd. 3.

Driving after cancellation; misdemeanor.

Except as otherwise provided in
subdivision 5, a person is guilty of a misdemeanor if:

(1) the person's driver's license or driving privilege has been canceled;

(2) the person has been given notice of or reasonably should know of the cancellation;
and

(3) the person disobeys the order by operating in this state any motor vehicle, the
operation of which requires a driver's license, while the person's license or privilege is
canceled.

Subd. 4.

Driving after disqualification; misdemeanor.

Except as otherwise provided
in subdivision 5, a person is guilty of a misdemeanor if the person:

(1) has been disqualified from holding a commercial driver's license or been denied the
privilege to operate a commercial motor vehicle;

(2) has been given notice of or reasonably should know of the disqualification; and

(3) disobeys the order by operating in this state a commercial motor vehicle while the
person is disqualified to hold the license or privilege.

Subd. 5.

Gross misdemeanor violations.

(a) A person is guilty of a gross misdemeanor
if:

(1) the person's driver's license or driving privilege has been canceled or denied under
section 171.04, subdivision 1, clause (10);

(2) the person has been given notice of or reasonably should know of the cancellation
or denial; and

(3) the person disobeys the order by operating in this state any motor vehicle, the
operation of which requires a driver's license, while the person's license or privilege is
canceled or denied.

(b) A person is guilty of a gross misdemeanor if the person:

(1) violates this section;

(i) and causes a collision resulting in substantial bodily harm, as defined in section
609.02, subdivision 7a, or death to another; or

(ii) within ten years of the first of two prior convictions under this section; and

(2) at the time of the violation the person's driver's license or driving privilege has been
suspended, revoked, or canceled or the person has been disqualified from holding a
commercial driver's license or been denied the privilege to operate a commercial motor
vehicle:

(i) pursuant to section 169.89, subdivision 5; 169A.52; 169A.54; 171.05, subdivision
2b, paragraph (d); 171.13, subdivision 3 or 4; 171.17, subdivision 1, clause (1) or (10);
171.177; 171.18, subdivision 1, clause (2), (3), (4), (5), or (11); 171.32; or 260B.225,
subdivision 9; or a violation of section 169.13; 169.21; 169.444; 609.19, subdivision 1,
clause (2); or 609.487, subdivisions 3 to 5; or any violation of chapter 169A; or

(ii) pursuant to a law from another state similar to those described in item (i).

Subd. 6.

Responsibility for prosecution.

(a) The attorney in the jurisdiction in which
the violation occurred who is responsible for prosecution of misdemeanor violations of this
section is also responsible for prosecution of gross misdemeanor violations of this section.

(b) Nothing in this section or section 609.035 or 609.04 shall limit the power of the state
to prosecute or punish a person for conduct that constitutes any other crime under any other
law of this state.

Subd. 7.

Sufficiency of notice.

(a) Notice of revocation, suspension, cancellation, or
disqualification is sufficient if personally served, or if mailed by first class mail to the
person's last known address or to the address listed on the person's driver's license. Notice
is also sufficient if the person was informed that revocation, suspension, cancellation, or
disqualification would be imposed upon a condition occurring or failing to occur, and where
the condition has in fact occurred or failed to occur.

(b) It is not a defense that a person failed to file a change of address with the post office,
or failed to notify the Department of Public Safety of a change of name or address as required
under section 171.11.

EFFECTIVE DATE.

This section is effective August 1, 2018, and applies to offenses
committed on or after that date.