SF 1208

2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to impaired driving; permitting the results 
  1.3             of a preliminary screening test to be admissible in a 
  1.4             criminal prosecution for the crime of implied consent 
  1.5             test refusal; prohibiting certain first-time DWI 
  1.6             offenders from receiving a shortened license 
  1.7             revocation period; amending a definition in the plate 
  1.8             impoundment law to allow plate impoundment for certain 
  1.9             first-time alcohol-related license revocations; 
  1.10            creating a gross misdemeanor penalty for violation of 
  1.11            an alcohol-related restriction on a person's driver's 
  1.12            license if the violation occurs while driving a motor 
  1.13            vehicle and authorizing consecutive sentences for 
  1.14            these violations in certain cases; amending the 
  1.15            definition of "prosecuting authority" in the DWI 
  1.16            forfeiture law and changing how proceeds from the sale 
  1.17            of forfeited vehicles are distributed; requiring 
  1.18            health professionals to report injuries resulting from 
  1.19            alcohol-related or controlled substance-related 
  1.20            accidents when asked by a peace officer and granting 
  1.21            civil and criminal immunity for these reports; 
  1.22            amending Minnesota Statutes 2000, sections 169A.28, 
  1.23            subdivision 2; 169A.41, subdivision 2; 169A.54, 
  1.24            subdivision 6; 169A.60, subdivision 1; 169A.63, 
  1.25            subdivisions 1, 10; 171.09; 609.035, subdivision 2; 
  1.26            626.52, by adding a subdivision; repealing Minnesota 
  1.27            Statutes 2000, section 626.55, subdivision 2. 
  1.28  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.29     Section 1.  Minnesota Statutes 2000, section 169A.28, 
  1.30  subdivision 2, is amended to read: 
  1.31     Subd. 2.  [PERMISSIVE CONSECUTIVE SENTENCES; MULTIPLE 
  1.32  OFFENSES.] (a) When a person is being sentenced for a violation 
  1.33  of a provision listed in paragraph (e), the court may sentence 
  1.34  the person to a consecutive term of imprisonment for a violation 
  1.35  of any other provision listed in paragraph (e), notwithstanding 
  1.36  the fact that the offenses arose out of the same course of 
  2.1   conduct, subject to the limitation on consecutive sentences 
  2.2   contained in section 609.15, subdivision 2, and except as 
  2.3   provided in paragraphs (b) and (c). 
  2.4      (b) When a person is being sentenced for a violation of 
  2.5   section 171.09 (violation of condition of restricted license), 
  2.6   171.20 (operation after revocation, suspension, cancellation, or 
  2.7   disqualification), 171.24 (driving without valid license), or 
  2.8   171.30 (violation of condition of limited license), the court 
  2.9   may not impose a consecutive sentence for another violation of a 
  2.10  provision in chapter 171 (drivers' licenses and training 
  2.11  schools). 
  2.12     (c) When a person is being sentenced for a violation of 
  2.13  section 169.791 (failure to provide proof of insurance) or 
  2.14  169.797 (failure to provide vehicle insurance), the court may 
  2.15  not impose a consecutive sentence for another violation of a 
  2.16  provision of sections 169.79 to 169.7995. 
  2.17     (d) This subdivision does not limit the authority of the 
  2.18  court to impose consecutive sentences for crimes arising on 
  2.19  different dates or to impose a consecutive sentence when a 
  2.20  person is being sentenced for a crime and is also in violation 
  2.21  of the conditions of a stayed or otherwise deferred sentence 
  2.22  under section 609.135 (stay of imposition or execution of 
  2.23  sentence). 
  2.24     (e) This subdivision applies to misdemeanor and gross 
  2.25  misdemeanor violations of the following if the offender has two 
  2.26  or more prior impaired driving convictions within the past ten 
  2.27  years: 
  2.28     (1) section 169A.20 (driving while impaired); 
  2.29     (2) section 169.791; 
  2.30     (3) section 169.797; 
  2.31     (4) section 171.09; 
  2.32     (5) section 171.20, subdivision 2 (operation after 
  2.33  revocation, suspension, cancellation, or disqualification); 
  2.34     (5) (6) section 171.24; and 
  2.35     (6) (7) section 171.30. 
  2.36     Sec. 2.  Minnesota Statutes 2000, section 169A.41, 
  3.1   subdivision 2, is amended to read: 
  3.2      Subd. 2.  [USE OF TEST RESULTS.] The results of this 
  3.3   preliminary screening test must be used for the purpose of 
  3.4   deciding whether an arrest should be made and whether to require 
  3.5   the tests authorized in section 169A.51 (chemical tests for 
  3.6   intoxication), but must not be used in any court action except 
  3.7   the following: 
  3.8      (1) to prove that a test was properly required of a person 
  3.9   pursuant to section 169A.51, subdivision 1; 
  3.10     (2) in a civil action arising out of the operation or use 
  3.11  of the motor vehicle; 
  3.12     (3) in an action for license reinstatement under section 
  3.13  171.19; 
  3.14     (4) in a prosecution or juvenile court proceeding 
  3.15  concerning a violation of section 169A.33 (underage drinking and 
  3.16  driving), or 340A.503, subdivision 1, paragraph (a), clause (2) 
  3.17  (underage alcohol consumption); 
  3.18     (5) in a prosecution under section 169A.31, 
  3.19  (alcohol-related school or Head Start bus driving); or 171.30 
  3.20  (limited license); or 
  3.21     (6) in a prosecution for a violation of a restriction on a 
  3.22  driver's license under section 171.09, which provides that the 
  3.23  license holder may not use or consume any amount of alcohol or a 
  3.24  controlled substance; or 
  3.25     (7) in a prosecution for a violation of section 169A.20, 
  3.26  subdivision 2 (driving while impaired; refusal to submit to 
  3.27  chemical test crime). 
  3.28     Sec. 3.  Minnesota Statutes 2000, section 169A.54, 
  3.29  subdivision 6, is amended to read: 
  3.30     Subd. 6.  [APPLICABILITY OF IMPLIED CONSENT REVOCATION.] 
  3.31  Except for a person whose license has been revoked under 
  3.32  subdivision 2, and except for a person convicted of a violation 
  3.33  of section 169A.20 (driving while impaired) while having a child 
  3.34  under the age of 16 in the vehicle if the child is more than 36 
  3.35  months younger than the offender, (a) Any person whose license 
  3.36  has been revoked pursuant to section 169A.52 (license revocation 
  4.1   for test failure or refusal) as the result of the same incident, 
  4.2   and who does not have a qualified prior impaired driving 
  4.3   incident, is subject to the mandatory revocation provisions of 
  4.4   subdivision 1, clause (1) or (2), in lieu of the mandatory 
  4.5   revocation provisions of section 169A.52. 
  4.6      (b) Paragraph (a) does not apply to: 
  4.7      (1) a person whose license has been revoked under 
  4.8   subdivision 2 (driving while impaired by person under age 21); 
  4.9      (2) a person charged with violating section 169A.20 
  4.10  (driving while impaired) with the aggravating factor of having a 
  4.11  child under the age of 16 in the vehicle and the child is more 
  4.12  than 36 months younger than the offender, and the person is 
  4.13  convicted of that offense or any other offense described in 
  4.14  section 169A.20 arising out of the same set of circumstances; or 
  4.15     (3) a person charged with violating section 169A.20 with 
  4.16  the aggravating factor of having an alcohol concentration of 
  4.17  0.20 or more as measured at the time, or within two hours of the 
  4.18  time, of the offense, and the person is convicted of that 
  4.19  offense or any other offense described in section 169A.20 
  4.20  arising out of the same set of circumstances. 
  4.21     Sec. 4.  Minnesota Statutes 2000, section 169A.60, 
  4.22  subdivision 1, is amended to read: 
  4.23     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
  4.24  the following terms have the meanings given in this subdivision. 
  4.25     (b) "Motor vehicle" means a self-propelled motor vehicle 
  4.26  other than a motorboat in operation or a recreational vehicle. 
  4.27     (c) "Plate impoundment violation" includes: 
  4.28     (1) a violation of section 169A.20 (driving while impaired) 
  4.29  or 169A.52 (license revocation for test failure or refusal), or 
  4.30  a conforming ordinance from this state or a conforming statute 
  4.31  or ordinance from another state, that results in the revocation 
  4.32  of a person's driver's license or driving privileges, within ten 
  4.33  years of a qualified prior impaired driving incident; 
  4.34     (2) a license disqualification under section 171.165 
  4.35  (commercial driver's license disqualification) resulting from a 
  4.36  violation of section 169A.52 within ten years of a qualified 
  5.1   prior impaired driving incident; 
  5.2      (3) a violation of section 169A.20 or 169A.52 while having 
  5.3   an alcohol concentration of 0.20 or more as measured at the 
  5.4   time, or within two hours of the time, of the offense, that 
  5.5   results in the revocation of a person's driver's license or 
  5.6   driving privileges for twice the otherwise applicable period; 
  5.7      (4) a violation of section 169A.20 while having a child 
  5.8   under the age of 16 in the vehicle if the child is more than 36 
  5.9   months younger than the offender; and 
  5.10     (5) a violation of section 171.24 (driving without valid 
  5.11  license) by a person whose driver's license or driving 
  5.12  privileges have been canceled under section 171.04, subdivision 
  5.13  1, clause (10) (persons not eligible for driver's license, 
  5.14  inimical to public safety). 
  5.15     (d) "Violator" means a person who was driving, operating, 
  5.16  or in physical control of the motor vehicle when the plate 
  5.17  impoundment violation occurred. 
  5.18     Sec. 5.  Minnesota Statutes 2000, section 169A.63, 
  5.19  subdivision 1, is amended to read: 
  5.20     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
  5.21  the following terms have the meanings given them.  
  5.22     (b) "Appropriate agency" means a law enforcement agency 
  5.23  that has the authority to make an arrest for a violation of a 
  5.24  designated offense or to require a test under section 169A.51 
  5.25  (chemical tests for intoxication). 
  5.26     (c) "Designated license revocation" includes a license 
  5.27  revocation under section 169A.52 (license revocation for test 
  5.28  failure or refusal) or a license disqualification under section 
  5.29  171.165 (commercial driver's license disqualification) resulting 
  5.30  from a violation of section 169A.52; within ten years of the 
  5.31  first of two or more qualified prior impaired driving incidents. 
  5.32     (d) "Designated offense" includes: 
  5.33     (1) a violation of section 169A.20 (driving while impaired) 
  5.34  under the circumstances described in section 169A.25 
  5.35  (first-degree driving while impaired); or 
  5.36     (2) a violation of section 169A.20 or an ordinance in 
  6.1   conformity with it: 
  6.2      (i) by a person whose driver's license or driving 
  6.3   privileges have been canceled as inimical to public safety under 
  6.4   section 171.04, subdivision 1, clause (10); or 
  6.5      (ii) by a person who is subject to a restriction on the 
  6.6   person's driver's license under section 171.09 (commissioner's 
  6.7   license restrictions), which provides that the person may not 
  6.8   use or consume any amount of alcohol or a controlled substance. 
  6.9      (e) "Motor vehicle" and "vehicle" do not include a vehicle 
  6.10  which is stolen or taken in violation of the law. 
  6.11     (f) "Owner" means the registered owner of the motor vehicle 
  6.12  according to records of the department of public safety and 
  6.13  includes a lessee of a motor vehicle if the lease agreement has 
  6.14  a term of 180 days or more. 
  6.15     (g) "Prosecuting authority" means the attorney in the 
  6.16  jurisdiction in which the designated offense occurred who is 
  6.17  responsible for prosecuting violations of a designated 
  6.18  offense or a designee.  If a state agency initiated the 
  6.19  forfeiture, and the attorney responsible for prosecuting the 
  6.20  designated offense declines to pursue forfeiture, the attorney 
  6.21  general's office or its designee may initiate forfeiture under 
  6.22  this section. 
  6.23     Sec. 6.  Minnesota Statutes 2000, section 169A.63, 
  6.24  subdivision 10, is amended to read: 
  6.25     Subd. 10.  [DISPOSITION OF FORFEITED VEHICLE.] (a) If the 
  6.26  vehicle is administratively forfeited under subdivision 8, or if 
  6.27  the court finds under subdivision 9 that the vehicle is subject 
  6.28  to forfeiture under subdivisions 6 and 7, the appropriate agency 
  6.29  shall: 
  6.30     (1) sell the vehicle and distribute the proceeds under 
  6.31  paragraph (b); or 
  6.32     (2) keep the vehicle for official use.  If the agency keeps 
  6.33  a forfeited motor vehicle for official use, it shall make 
  6.34  reasonable efforts to ensure that the motor vehicle is available 
  6.35  for use by the agency's officers who participate in the drug 
  6.36  abuse resistance education program. 
  7.1      (b) The proceeds from the sale of forfeited vehicles, after 
  7.2   payment of seizure, storage, forfeiture, and sale expenses, and 
  7.3   satisfaction of valid liens against the property, must be 
  7.4   forwarded to the treasury of the political subdivision that 
  7.5   employs the appropriate agency responsible for the forfeiture 
  7.6   for use in DWI-related enforcement, training, and education.  If 
  7.7   the appropriate agency is an agency of state government, the net 
  7.8   proceeds must be forwarded to the state treasury and credited to 
  7.9   the following funds: 
  7.10     (1) if the forfeited vehicle is a motorboat, the net 
  7.11  proceeds must be credited to the water recreation account in the 
  7.12  natural resources fund; 
  7.13     (2) if the forfeited vehicle is a snowmobile, the net 
  7.14  proceeds must be credited to the snowmobile trails and 
  7.15  enforcement account in the natural resources fund; 
  7.16     (3) if the forfeited vehicle is an all-terrain vehicle, the 
  7.17  net proceeds must be credited to the all-terrain vehicle account 
  7.18  in the natural resources fund; 
  7.19     (4) if the forfeited vehicle is an off-highway motorcycle, 
  7.20  the net proceeds must be credited to the off-highway motorcycle 
  7.21  account in the natural resources fund; 
  7.22     (5) if the forfeited vehicle is an off-road vehicle, the 
  7.23  net proceeds must be credited to the off-road vehicle account in 
  7.24  the natural resources fund; and 
  7.25     (6) if otherwise, the net proceeds must be credited to the 
  7.26  general fund distributed as follows: 
  7.27     (1) 70 percent of the proceeds must be forwarded to the 
  7.28  appropriate agency for deposit as a supplement to the state or 
  7.29  local agency's operating fund or similar fund for use in 
  7.30  DWI-related enforcement, training, and education; and 
  7.31     (2) 30 percent of the money or proceeds must be forwarded 
  7.32  to the county attorney or other prosecuting agency that handled 
  7.33  the forfeiture for deposit as a supplement to its operating fund 
  7.34  or similar fund for prosecutorial purposes. 
  7.35     Sec. 7.  Minnesota Statutes 2000, section 171.09, is 
  7.36  amended to read: 
  8.1      171.09 [COMMISSIONER MAY IMPOSE RESTRICTIONS; VIOLATION.] 
  8.2      (a) The commissioner shall have the authority, when good 
  8.3   cause appears, to impose restrictions suitable to the licensee's 
  8.4   driving ability or such other restrictions applicable to the 
  8.5   licensee as the commissioner may determine to be appropriate to 
  8.6   assure the safe operation of a motor vehicle by the licensee.  
  8.7   The commissioner may, upon receiving satisfactory evidence of 
  8.8   any violation of the restrictions of the license, suspend or 
  8.9   revoke the license.  A license suspension under this section is 
  8.10  subject to section 171.18, subdivisions 2 and 3. 
  8.11     (b) It is unlawful for any person to operate A person who 
  8.12  drives, operates, or is in physical control of a motor 
  8.13  vehicle in any manner while in violation of the restrictions 
  8.14  imposed in a restricted driver's license issued to that person 
  8.15  under paragraph (a), is guilty of a crime as follows: 
  8.16     (1) if the restriction relates to the possession or 
  8.17  consumption of alcohol or controlled substances, the person is 
  8.18  guilty of a gross misdemeanor; or 
  8.19     (2) if the restriction relates to another matter, the 
  8.20  person is guilty of a misdemeanor.  
  8.21     Sec. 8.  Minnesota Statutes 2000, section 609.035, 
  8.22  subdivision 2, is amended to read: 
  8.23     Subd. 2.  (a) When a person is being sentenced for a 
  8.24  violation of a provision listed in paragraph (e), the court may 
  8.25  sentence the person to a consecutive term of imprisonment for a 
  8.26  violation of any other provision listed in paragraph (e), 
  8.27  notwithstanding the fact that the offenses arose out of the same 
  8.28  course of conduct, subject to the limitation on consecutive 
  8.29  sentences contained in section 609.15, subdivision 2, and except 
  8.30  as provided in paragraphs (b), (c), and (f) of this subdivision. 
  8.31     (b) When a person is being sentenced for a violation of 
  8.32  section 171.09, 171.20, 171.24, or 171.30, the court may not 
  8.33  impose a consecutive sentence for another violation of a 
  8.34  provision in chapter 171. 
  8.35     (c) When a person is being sentenced for a violation of 
  8.36  section 169.791 or 169.797, the court may not impose a 
  9.1   consecutive sentence for another violation of a provision of 
  9.2   sections 169.79 to 169.7995. 
  9.3      (d) This subdivision does not limit the authority of the 
  9.4   court to impose consecutive sentences for crimes arising on 
  9.5   different dates or to impose a consecutive sentence when a 
  9.6   person is being sentenced for a crime and is also in violation 
  9.7   of the conditions of a stayed or otherwise deferred sentence 
  9.8   under section 609.135. 
  9.9      (e) This subdivision applies to misdemeanor and gross 
  9.10  misdemeanor violations of the following if the offender has two 
  9.11  or more prior impaired driving convictions as defined in section 
  9.12  169A.03 within the past ten years: 
  9.13     (1) section 169A.20, driving while impaired; 
  9.14     (2) section 169.791, failure to provide proof of insurance; 
  9.15     (3) section 169.797, failure to provide vehicle insurance; 
  9.16     (4) section 171.09, violation of condition of a restricted 
  9.17  license; 
  9.18     (5) section 171.20, subdivision 2, operation after 
  9.19  revocation, suspension, cancellation, or disqualification; 
  9.20     (5) (6) section 171.24, driving without valid license; and 
  9.21     (6) (7) section 171.30, violation of condition of limited 
  9.22  license. 
  9.23     (f) When a court is sentencing an offender for a violation 
  9.24  of section 169A.20 and a violation of an offense listed in 
  9.25  paragraph (e), and the offender has five or more qualified prior 
  9.26  impaired driving incidents, as defined in section 169A.03, 
  9.27  within the past ten years, the court shall sentence the offender 
  9.28  to serve consecutive sentences for the offenses, notwithstanding 
  9.29  the fact that the offenses arose out of the same course of 
  9.30  conduct. 
  9.31     Sec. 9.  Minnesota Statutes 2000, section 626.52, is 
  9.32  amended by adding a subdivision to read: 
  9.33     Subd. 4.  [IMMUNITY FROM LIABILITY.] Any person reporting 
  9.34  in good faith and exercising due care shall have immunity from 
  9.35  any liability, civil or criminal, that otherwise might result by 
  9.36  reason of the person's actions pursuant to this section or 
 10.1   section 626.53.  No cause of action may be brought against any 
 10.2   person for not making a report pursuant to this section or 
 10.3   section 626.53. 
 10.4      Sec. 10.  [REPEALER.] 
 10.5      Minnesota Statutes 2000, section 626.55, subdivision 2, is 
 10.6   repealed. 
 10.7      Sec. 11.  [EFFECTIVE DATES.] 
 10.8      Sections 1 to 4 and 7 to 10 are effective August 1, 2001, 
 10.9   and apply to crimes or acts committed on or after that date.  
 10.10  Sections 5 and 6 are effective July 1, 2001, and apply to 
 10.11  forfeited vehicles sold on and after that date.