SF 1097

as introduced - 90th Legislature (2017 - 2018) Posted on 03/16/2018 03:04pm

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.

new text begin Except as otherwise provided in
subdivision 5, new text end 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(1) the person's driver's license or driving privilege has been revoked;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.

new text begin Except as otherwise provided in
subdivision 5, new text end 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.

new text begin Except as otherwise provided
in subdivision 5, new text end 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 new text begin violations new text end .

new text begin (a) new text end 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.

new text begin (b) A person is guilty of a gross misdemeanor if the person violates this section and
causes a collision resulting in substantial bodily harm or death to another.
new text end

new text begin (c) A person is guilty of a gross misdemeanor and is subject to the minimum penalty
under subdivision 5a, paragraph (b), if the person violates this section within ten years of
the first of two prior convictions under this section.
new text end

new text begin Subd. 5a. new text end

new text begin Minimum penalties. new text end

new text begin (a) A person who is convicted under this section a second
time must, at a minimum, be sentenced to pay a fine of at least $750. This paragraph does
not apply to penalties under subdivision 5, paragraph (c).
new text end

new text begin (b) A person who is convicted under this section a third or subsequent time must, at a
minimum, be sentenced to pay a fine of at least $1,500.
new text end

new text begin (c) The court may order a person to perform community work service in lieu of all or a
portion of the minimum fine required under this subdivision if the court makes specific
findings on the record that the convicted person is indigent or that payment of the fine would
create undue hardship for the convicted person or that person's immediate family.
new text end

Subd. 6.

Responsibility for prosecution.

new text begin (a) new text end 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.

new text begin (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.
new text end

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.

new text begin Subd. 8. new text end

new text begin Definition. new text end

new text begin For the purposes of this section, "substantial bodily harm" has the
meaning given in section 609.02, subdivision 7a.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017, and applies to offenses
committed on or after that date.
new text end