SF 1228

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; authorizing the 
  1.3             forfeiture of a motor vehicle used to commit a 
  1.4             violation of the aggravated DWI law or certain repeat 
  1.5             violations of the DWI law; amending Minnesota Statutes 
  1.6             1996, sections 169.121, subdivision 3; and 169.1217, 
  1.7             subdivision 1. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 169.121, 
  1.10  subdivision 3, is amended to read: 
  1.11     Subd. 3.  [CRIMINAL PENALTIES.] (a) As used in this 
  1.12  subdivision:  
  1.13     (1) "Prior impaired driving conviction" means a prior 
  1.14  conviction under: 
  1.15     (i) this section; or section 84.91, subdivision 1, 
  1.16  paragraph (a); 86B.331, subdivision 1, paragraph (a); 
  1.17  169.129; or 360.0752; 
  1.18     (ii) section 609.21, subdivision 1, clauses (2) to 
  1.19  (6); 609.21, subdivision 2, clauses (2) to (6); 609.21, 
  1.20  subdivision 2a, clauses (2) to (6); 609.21, subdivision 2b, 
  1.21  clauses (2) to (6); 609.21, subdivision 3, clauses (2) to 
  1.22  (6); 609.21, or subdivision 4, clauses (2) to (6); or 
  1.23     (iii) an ordinance from this state, or a statute or 
  1.24  ordinance from another state, in conformity with any of them 
  1.25  provision listed in item (i) or (ii).  
  1.26  A prior impaired driving conviction also includes a prior 
  2.1   juvenile adjudication that would have been a prior impaired 
  2.2   driving conviction if committed by an adult; and. 
  2.3      (2) "Prior license revocation" means a driver's license 
  2.4   suspension, revocation, or cancellation under: 
  2.5      (i) this section; or section 169.123;, 171.04;, 
  2.6   171.14;, 171.16;, 171.17;, or 171.18 because of an 
  2.7   alcohol-related incident; 
  2.8      (ii) section 609.21, subdivision 1, clauses (2) to (6); 
  2.9   609.21, subdivision 2, clauses (2) to (6); 609.21, subdivision 
  2.10  2a, clauses (2) to (6); 609.21, subdivision 2b, clauses (2) to 
  2.11  (6); 609.21, subdivision 3, clauses (2) to (6); or 609.21, 
  2.12  subdivision 4, clauses (2) to (6); or 
  2.13     (iii) an ordinance from this state, or a statute or 
  2.14  ordinance from another state, in conformity with any of them 
  2.15  provision listed in item (i) or (ii). 
  2.16     (b) A person who violates subdivision 1 or 1a, or an 
  2.17  ordinance in conformity with either of them, is guilty of a 
  2.18  misdemeanor.  The court shall notify a person convicted of 
  2.19  violating subdivision 1 or 1a that upon a subsequent conviction 
  2.20  for violating this section or section 169.129, the person's 
  2.21  motor vehicle may be subject to forfeiture under section 
  2.22  169.1217.  The failure of the court to provide this information 
  2.23  does not affect the applicability of the forfeiture provision to 
  2.24  that person. 
  2.25     (c) A person is guilty of a gross misdemeanor under any of 
  2.26  the following circumstances: 
  2.27     (1) the person violates subdivision 1 within five years of 
  2.28  a prior impaired driving conviction, or within ten years of the 
  2.29  first of two or more prior impaired driving convictions; 
  2.30     (2) the person violates subdivision 1a within five years of 
  2.31  a prior license revocation, or within ten years of the first of 
  2.32  two or more prior license revocations; 
  2.33     (3) the person violates section 169.26 while in violation 
  2.34  of subdivision 1; or 
  2.35     (4) the person violates subdivision 1 or 1a while a child 
  2.36  under the age of 16 is in the vehicle, if the child is more than 
  3.1   36 months younger than the violator. 
  3.2      (d) The attorney in the jurisdiction in which the violation 
  3.3   occurred who is responsible for prosecution of misdemeanor 
  3.4   violations of this section shall also be responsible for 
  3.5   prosecution of gross misdemeanor violations of this section. 
  3.6      (e) The court must impose consecutive sentences when it 
  3.7   sentences a person for a violation of this section or section 
  3.8   169.129 arising out of separate behavioral incidents.  The court 
  3.9   also must impose a consecutive sentence when it sentences a 
  3.10  person for a violation of this section or section 169.129 and 
  3.11  the person, at the time of sentencing, is on probation for, or 
  3.12  serving, an executed sentence for a violation of this section or 
  3.13  section 169.129 and the prior sentence involved a separate 
  3.14  behavioral incident.  The court also may order that the sentence 
  3.15  imposed for a violation of this section or section 169.129 shall 
  3.16  run consecutively to a previously imposed misdemeanor, gross 
  3.17  misdemeanor or felony sentence for a violation other than this 
  3.18  section or section 169.129. 
  3.19     (f) The court may impose consecutive sentences for offenses 
  3.20  arising out of a single course of conduct as permitted in 
  3.21  section 609.035, subdivision 2.  
  3.22     (g) When an attorney responsible for prosecuting gross 
  3.23  misdemeanors under this section requests criminal history 
  3.24  information relating to prior impaired driving convictions from 
  3.25  a court, the court must furnish the information without charge. 
  3.26     (h) A violation of subdivision 1a may be prosecuted either 
  3.27  in the jurisdiction where the arresting officer observed the 
  3.28  defendant driving, operating, or in control of the motor vehicle 
  3.29  or in the jurisdiction where the refusal occurred. 
  3.30     Sec. 2.  Minnesota Statutes 1996, section 169.1217, 
  3.31  subdivision 1, is amended to read: 
  3.32     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  3.33  following terms have the meanings given them: 
  3.34     (a) "Appropriate agency" means a law enforcement agency 
  3.35  that has the authority to make an arrest for a violation of a 
  3.36  designated offense. 
  4.1      (b) "Designated offense" includes a violation of section 
  4.2   169.121, or an ordinance in conformity with it, or 169.129: 
  4.3      (1) occurring within five years of three a prior impaired 
  4.4   driving convictions conviction or three a prior license 
  4.5   revocations based on separate incidents; 
  4.6      (2) revocation, or within 15 ten years of the first of 
  4.7   four two or more prior impaired driving convictions or the first 
  4.8   of four, two or more prior license revocations based on separate 
  4.9   incidents; 
  4.10     (3) by a person whose driver's license or driving 
  4.11  privileges have been canceled under section 171.04, subdivision 
  4.12  1, clause (8); or 
  4.13     (4) by a person who is subject to a restriction on the 
  4.14  person's driver's license under section 171.09 which provides 
  4.15  that the person may not use or consume any amount of alcohol or 
  4.16  a controlled substance, or a combination of a prior impaired 
  4.17  driving conviction and a prior license revocation. 
  4.18     "Designated offense" also includes a violation of section 
  4.19  169.121, subdivision 3, paragraph (c), clause (4): 
  4.20     (1) within five years of two prior impaired driving 
  4.21  convictions or two prior license revocations based on separate 
  4.22  incidents; or 
  4.23     (2) within 15 years of the first of three or more prior 
  4.24  impaired driving convictions or the first of three or more prior 
  4.25  license revocations based on separate incidents 169.129. 
  4.26     (c) "Motor vehicle" and "vehicle" have the meaning given 
  4.27  "motor vehicle" in section 169.121, subdivision 11.  The terms 
  4.28  do not include a vehicle which is stolen or taken in violation 
  4.29  of the law. 
  4.30     (d) "Owner" means the registered owner of the motor vehicle 
  4.31  according to records of the department of public safety and 
  4.32  includes a lessee of a motor vehicle if the lease agreement has 
  4.33  a term of 180 days or more. 
  4.34     (e) "Prior impaired driving conviction" has the meaning 
  4.35  given it in section 169.121, subdivision 3.  A prior impaired 
  4.36  driving conviction also includes a prior juvenile adjudication 
  5.1   that would have been a prior impaired driving conviction if 
  5.2   committed by an adult. 
  5.3      (f) "Prior license revocation" has the meaning given it in 
  5.4   section 169.121, subdivision 3. 
  5.5      (g) "Prosecuting authority" means the attorney in the 
  5.6   jurisdiction in which the designated offense occurred who is 
  5.7   responsible for prosecuting violations of a designated offense. 
  5.8      Sec. 3.  [EFFECTIVE DATE.] 
  5.9      Sections 1 and 2 are effective August 1, 1997, and apply to 
  5.10  violations occurring on or after that date.  However, 
  5.11  convictions of violations listed in Minnesota Statutes, section 
  5.12  169.121, subdivision 3, paragraph (a), occurring before August 
  5.13  1, 1997, are considered prior impaired driving convictions or 
  5.14  prior license revocations for purposes of vehicle forfeiture 
  5.15  imposed for conviction of a violation occurring on or after 
  5.16  August 1, 1997.