Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

SF 1177

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 11/09/2021 01:34pm

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4
1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12
2.13

A bill for an act
relating to public safety; authorizing a pilot project for oral fluid roadside testing
for drug-impaired driving.

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

Section 1. new text beginDWI CONTROLLED SUBSTANCE ROADSIDE TESTING
INSTRUMENT PILOT PROJECT; REPORT REQUIRED.
new text end

new text begin (a) The commissioner of public safety shall design, plan, and implement a pilot project
to study oral fluid roadside testing instruments to determine the presence of a controlled
substance or intoxicating substance in individuals stopped or arrested for driving while
impaired offenses. The pilot project shall determine the practicality, accuracy, and efficacy
of these testing instruments and determine and make recommendations on the best instrument
or instruments to pursue in the future.
new text end

new text begin (b) The pilot project must begin on September 1, 2021, and continue until August 31,
2022.
new text end

new text begin (c) The commissioner shall consult with law enforcement officials, prosecutors, criminal
defense attorneys, and other interested and knowledgeable parties when designing,
implementing, and evaluating the pilot project.
new text end

new text begin (d) All oral fluid samples obtained for the purpose of this pilot project shall be obtained
by a certified drug recognition evaluator and may only be collected with the express voluntary
consent of the person stopped or arrested for suspicion of driving while impaired. Results
of tests conducted under the pilot project are to be used for the purpose of analyzing the
practicality, accuracy, and efficacy of the instrument. Results may not be used to decide
whether an arrest should be made and are not admissible in any legal proceeding.
new text end

new text begin (e) By February 1, 2023, the commissioner shall report to the chairs and ranking minority
members of the legislative committees with jurisdiction over public safety on the results of
the pilot project. At a minimum, the report must include information on how accurate the
instruments were when tested against laboratory results, how often participants were found
to have controlled substances or intoxicating substances in their systems, how often there
was commingling of controlled substances or intoxicating substances with alcohol, the types
of controlled substances or intoxicating substances found in participants' systems and which
types were most common, and the number of participants in the project. In addition, the
report must assess the practicality and reliability of using the instruments in the field and
make recommendations on continuing the project permanently.
new text end

new text begin EFFECTIVE DATE. new text end

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