SF 1274

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 use of 
  1.3             breath analyzer units to monitor certain DWI and 
  1.4             domestic abuse offenders; appropriating money; 
  1.5             amending Minnesota Statutes 1996, section 171.29, 
  1.6             subdivision 2; proposing coding for new law in 
  1.7             Minnesota Statutes, chapter 241. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 171.29, 
  1.10  subdivision 2, is amended to read: 
  1.11     Subd. 2.  [FEES, ALLOCATION.] (a) A person whose driver's 
  1.12  license has been revoked as provided in subdivision 1, except 
  1.13  under section 169.121 or 169.123, shall pay a $30 fee before the 
  1.14  driver's license is reinstated. 
  1.15     (b) A person whose driver's license has been revoked as 
  1.16  provided in subdivision 1 under section 169.121 or 169.123 shall 
  1.17  pay a $250 fee plus a $10 surcharge before the driver's license 
  1.18  is reinstated.  The $250 fee is to be credited as follows: 
  1.19     (1) Twenty percent shall be credited to the trunk highway 
  1.20  fund. 
  1.21     (2) Fifty-five percent shall be credited to the general 
  1.22  fund. 
  1.23     (3) Eight percent shall be credited to a separate account 
  1.24  to be known as the bureau of criminal apprehension account.  
  1.25  Money in this account may be appropriated to the commissioner of 
  1.26  public safety and the appropriated amount shall be apportioned 
  2.1   80 percent for laboratory costs and 20 percent for carrying out 
  2.2   the provisions of section 299C.065. 
  2.3      (4) Twelve percent shall be credited to a separate account 
  2.4   to be known as the alcohol-impaired driver education account.  
  2.5   Money in the account may be appropriated to the commissioner of 
  2.6   children, families, and learning for programs in elementary and 
  2.7   secondary schools. 
  2.8      (5) Five percent shall be credited to a separate account to 
  2.9   be known as the traumatic brain injury and spinal cord injury 
  2.10  account.  $100,000 is annually appropriated from the account to 
  2.11  the commissioner of human services for traumatic brain injury 
  2.12  case management services.  The remaining money in the account is 
  2.13  annually appropriated to the commissioner of health to establish 
  2.14  and maintain the traumatic brain injury and spinal cord injury 
  2.15  registry created in section 144.662 and to reimburse the 
  2.16  commissioner of economic security for the reasonable cost of 
  2.17  services provided under section 268A.03, clause (o). 
  2.18     (c) The $10 surcharge shall be credited to a separate 
  2.19  account to be known as the remote electronic alcohol-monitoring 
  2.20  pilot program account.  Up to $250,000 Money credited to this 
  2.21  account is annually appropriated from this account to the 
  2.22  commissioner of corrections for a remote electronic alcohol 
  2.23  monitoring pilot program to fund the reimbursements described in 
  2.24  section 241.277.  The unencumbered balance remaining in the 
  2.25  first year of the biennium does not cancel but is available for 
  2.26  the second year. 
  2.27     Sec. 2.  [241.277] [USE OF BREATH ANALYZER UNITS TO MONITOR 
  2.28  CERTAIN OFFENDERS.] 
  2.29     Subdivision 1.  [DEFINITIONS.] As used in this section: 
  2.30     (a) "Breath analyzer unit" means a device that performs 
  2.31  breath alcohol testing and is connected to a remote electronic 
  2.32  alcohol-monitoring system. 
  2.33     (b) "Remote electronic alcohol-monitoring system" means a 
  2.34  system that electronically monitors the alcohol concentration of 
  2.35  individuals in their homes to ensure compliance with 
  2.36  court-ordered conditions of pretrial release, supervised 
  3.1   release, or probation. 
  3.2      Subd. 2.  [USE AUTHORIZED.] A person convicted or accused 
  3.3   of committing an offense of driving while impaired or domestic 
  3.4   abuse, who is ordered by the court to abstain from alcohol use 
  3.5   as a condition of pretrial release, supervised release, or 
  3.6   probation, may be ordered to use a breath analyzer unit to 
  3.7   monitor the person's abstention from alcohol.  If the use of a 
  3.8   breath analyzer unit is ordered by the court, there must be 
  3.9   procedures in place that ensure that violators of the condition 
  3.10  receive swift consequences for the violation. 
  3.11     Subd. 3.  [REIMBURSEMENT OF COST OF UNIT.] Offenders who 
  3.12  are ordered to use a breath analyzer unit shall also be ordered 
  3.13  to pay the per diem cost of the monitoring unless the offender 
  3.14  is indigent.  Money collected from offenders must be forwarded 
  3.15  to the commissioner of corrections.  The commissioner shall 
  3.16  credit this money to the general fund.  The commissioner shall 
  3.17  reimburse courts for the costs incurred in ordering the use of 
  3.18  breath analyzer units that are not paid by the offender. 
  3.19     Sec. 3.  [APPROPRIATION.] 
  3.20     $....... for the fiscal year ending June 30, 1998, and 
  3.21  $....... for the fiscal year ending June 30, 1999, is 
  3.22  appropriated from the general fund to the commissioner of 
  3.23  corrections for the reimbursements described in Minnesota 
  3.24  Statutes, section 241.277.