SF 1382

3rd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; repealing provisions and 
  1.3             striking language related to the enhanced gross 
  1.4             misdemeanor DWI crime; expanding the gross misdemeanor 
  1.5             DWI crime, probationary period, and mandatory 
  1.6             sentencing provisions; requiring mandatory consecutive 
  1.7             sentences for certain DWI-related offenses; amending 
  1.8             Minnesota Statutes 1998, sections 169.121, 
  1.9             subdivisions 1c, 3, and 3d; 169.129, subdivision 1; 
  1.10            609.02, subdivision 2; 609.035, subdivision 2; 
  1.11            609.105, subdivisions 1 and 3; 609.135, subdivision 2; 
  1.12            and 609.15, subdivision 2; repealing Minnesota 
  1.13            Statutes 1998, sections 169.121, subdivision 3e; 
  1.14            169.129, subdivision 2; and 609.02, subdivision 2a. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  Minnesota Statutes 1998, section 169.121, 
  1.17  subdivision 1c, is amended to read: 
  1.18     Subd. 1c.  [CONDITIONAL RELEASE.] (a) Unless maximum bail 
  1.19  is imposed under section 629.471, subdivision 2, a person 
  1.20  charged with a crime listed in this paragraph may be released 
  1.21  from detention only if the person agrees to abstain from alcohol 
  1.22  and submit to a program of electronic alcohol monitoring 
  1.23  involving at least daily measurements of the person's alcohol 
  1.24  concentration pending resolution of the charge.  This paragraph 
  1.25  applies only when electronic alcohol monitoring equipment is 
  1.26  available to the court and only when a person is charged with: 
  1.27     (1) a violation of subdivision 1 or 1a within five years of 
  1.28  two prior impaired driving convictions, or within ten years of 
  1.29  three or more prior impaired driving convictions; 
  1.30     (2) a second or subsequent violation of subdivision 1 or 
  2.1   1a, if the person is under the age of 19 years; 
  2.2      (3) a violation of subdivision 1 or 1a, while the person's 
  2.3   driver's license or driving privileges have been canceled under 
  2.4   section 171.04, subdivision 1, clause (9); 
  2.5      (4) a violation of subdivision 1, clause (f); or 
  2.6      (5) a violation of section 169.129. 
  2.7      If the defendant is convicted of the charged offense, The 
  2.8   court shall require partial or total reimbursement from the 
  2.9   person for the cost of the electronic alcohol monitoring, to the 
  2.10  extent the defendant is able to pay. 
  2.11     (b) Unless maximum bail is imposed under section 629.471, 
  2.12  subdivision 2, a person charged with violating subdivision 1 or 
  2.13  1a within ten years of the first of three prior impaired driving 
  2.14  convictions or within the person's lifetime after four or more 
  2.15  prior impaired driving convictions may be released from 
  2.16  detention only if the following conditions are imposed in 
  2.17  addition to the condition imposed in paragraph (a), if 
  2.18  applicable, and any other conditions of release ordered by the 
  2.19  court: 
  2.20     (1) the impoundment of the registration plates of the 
  2.21  vehicle used to commit the violation, unless already impounded; 
  2.22     (2) if the vehicle used to commit the violation was an 
  2.23  off-road recreational vehicle or a motorboat, the impoundment of 
  2.24  the off-road recreational vehicle or motorboat; 
  2.25     (3) a requirement that the alleged violator report weekly 
  2.26  to a probation agent; 
  2.27     (4) a requirement that the alleged violator abstain from 
  2.28  consumption of alcohol and controlled substances and submit to 
  2.29  random alcohol tests or urine analyses at least weekly; and 
  2.30     (5) a requirement that, if convicted, the alleged violator 
  2.31  reimburse the court or county for the total cost of these 
  2.32  services. 
  2.33     Sec. 2.  Minnesota Statutes 1998, section 169.121, 
  2.34  subdivision 3, is amended to read: 
  2.35     Subd. 3.  [CRIMINAL PENALTIES.] (a) As used in this section:
  2.36     (1) "Prior impaired driving conviction" means a prior 
  3.1   conviction under: 
  3.2      (i) this section; Minnesota Statutes 1996, section 84.91, 
  3.3   subdivision 1, paragraph (a), or 86B.331, subdivision 1, 
  3.4   paragraph (a); section 169.1211; section 169.129; or section 
  3.5   360.0752; 
  3.6      (ii) section 609.21, subdivision 1, clauses (2) to (6); 
  3.7   subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 
  3.8   to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
  3.9   clauses (2) to (6); or subdivision 4, clauses (2) to (6); or 
  3.10     (iii) an ordinance from this state, or a statute or 
  3.11  ordinance from another state, in conformity with any provision 
  3.12  listed in item (i) or (ii). 
  3.13     A prior impaired driving conviction also includes a prior 
  3.14  juvenile adjudication that would have been a prior impaired 
  3.15  driving conviction if committed by an adult. 
  3.16     (2) "Prior license revocation" means a driver's license 
  3.17  suspension, revocation, cancellation, denial, or 
  3.18  disqualification under: 
  3.19     (i) this section or section 169.1211, 169.123, 171.04, 
  3.20  171.14, 171.16, 171.165, 171.17, or 171.18 because of an 
  3.21  alcohol-related incident; 
  3.22     (ii) section 609.21, subdivision 1, clauses (2) to (6); 
  3.23  subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 
  3.24  to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
  3.25  clauses (2) to (6); or subdivision 4, clauses (2) to (6); or 
  3.26     (iii) an ordinance from this state, or a statute or 
  3.27  ordinance from another state, in conformity with any provision 
  3.28  listed in item (i) or (ii). 
  3.29     "Prior license revocation" also means the revocation of 
  3.30  snowmobile or all-terrain vehicle operating privileges under 
  3.31  section 84.911, or motorboat operating privileges under section 
  3.32  86B.335, for violations that occurred on or after August 1, 1995.
  3.33     (b) A person who violates subdivision 1, clause (a), (b), 
  3.34  (c), (d), (e), (g), or (h), or subdivision 1a, or an ordinance 
  3.35  in conformity with any of them, is guilty of a misdemeanor. 
  3.36     (c) A person is guilty of a gross misdemeanor under any of 
  4.1   the following circumstances: 
  4.2      (1) the person violates subdivision 1, clause (f); 
  4.3      (2) the person violates subdivision 1, clause (a), (b), 
  4.4   (c), (d), (e), (g), or (h), or subdivision 1a,: 
  4.5      (i) within five years of a prior impaired driving 
  4.6   conviction or a prior license revocation; or 
  4.7      (ii) within ten years of the first of two or more prior 
  4.8   impaired driving convictions, two or more prior license 
  4.9   revocations, or any combination of two or more prior impaired 
  4.10  driving convictions and prior license revocations, based on 
  4.11  separate incidents; 
  4.12     (3) the person violates section 169.26 while in violation 
  4.13  of subdivision 1; or 
  4.14     (4) the person violates subdivision 1 or 1a while a child 
  4.15  under the age of 16 is in the vehicle, if the child is more than 
  4.16  36 months younger than the violator. 
  4.17     A person convicted of a gross misdemeanor under this 
  4.18  paragraph is subject to the mandatory penalties provided in 
  4.19  subdivision 3d. 
  4.20     (d) A person is guilty of an enhanced gross misdemeanor 
  4.21  under any of the following circumstances: 
  4.22     (1) the person violates subdivision 1, clause (f), or 
  4.23  commits a violation described in paragraph (c), clause (3) or 
  4.24  (4), within ten years of one or more prior impaired driving 
  4.25  convictions or prior license revocations; 
  4.26     (2) the person violates subdivision 1, clause (a), (b), 
  4.27  (c), (d), (e), (g), or (h), or subdivision 1a, within ten years 
  4.28  of the first of two or more prior impaired driving convictions, 
  4.29  two or more prior license revocations, or any combination of two 
  4.30  or more prior impaired driving convictions and prior license 
  4.31  revocations, based on separate incidents. 
  4.32     A person convicted of an enhanced gross misdemeanor under 
  4.33  this paragraph may be sentenced to imprisonment in a local 
  4.34  correctional facility for not more than two years or to payment 
  4.35  of a fine of not more than $3,000, or both.  Additionally, the 
  4.36  person is subject to the applicable mandatory penalties provided 
  5.1   in subdivision 3e. 
  5.2      (e) The court shall notify a person convicted of violating 
  5.3   subdivision 1 or 1a that the registration plates of the person's 
  5.4   motor vehicle may be impounded under section 168.042 and the 
  5.5   vehicle may be subject to forfeiture under section 169.1217 upon 
  5.6   a subsequent conviction for violating this section, section 
  5.7   169.129, or section 171.24, or a subsequent license revocation 
  5.8   under section 169.123.  The notice must describe the conduct and 
  5.9   the time periods within which the conduct must occur in order to 
  5.10  result in plate impoundment or forfeiture.  The failure of the 
  5.11  court to provide this information does not affect the 
  5.12  applicability of the plate impoundment or the forfeiture 
  5.13  provision to that person. 
  5.14     (f) (e) The attorney in the jurisdiction in which the 
  5.15  violation occurred who is responsible for prosecution of 
  5.16  misdemeanor violations of this section shall also be responsible 
  5.17  for prosecution of gross misdemeanor and enhanced gross 
  5.18  misdemeanor violations of this section. 
  5.19     (g) (f) The court must impose consecutive sentences when it 
  5.20  sentences a person for a violation of this section or section 
  5.21  169.129 arising out of separate behavioral incidents.  The court 
  5.22  also must impose a consecutive sentence when it sentences a 
  5.23  person for a violation of this section or section 169.129 and 
  5.24  the person, at the time of sentencing, is on probation for, or 
  5.25  serving, an executed sentence for a violation of this section or 
  5.26  section 169.129 and the prior sentence involved a separate 
  5.27  behavioral incident.  The court also may order that the sentence 
  5.28  imposed for a violation of this section or section 169.129 shall 
  5.29  run consecutively to a previously imposed misdemeanor, gross 
  5.30  misdemeanor or felony sentence for a violation other than this 
  5.31  section or section 169.129.  
  5.32     (h) (g) When the court stays the sentence of a person 
  5.33  convicted under this section, the length of the stay is governed 
  5.34  by section 609.135, subdivision 2. 
  5.35     (i) (h) The court may impose consecutive sentences for 
  5.36  offenses arising out of a single course of conduct as permitted 
  6.1   in section 609.035, subdivision 2.  
  6.2      (i) The court shall impose consecutive sentences for a 
  6.3   violation of this section or section 169.129 and an offense 
  6.4   listed in section 609.035, subdivision 2, paragraph (f), arising 
  6.5   out of the same course of conduct, as required by section 
  6.6   609.035, subdivision 2, paragraph (g). 
  6.7      (j) When an attorney responsible for prosecuting gross 
  6.8   misdemeanors or enhanced gross misdemeanors under this section 
  6.9   requests criminal history information relating to prior impaired 
  6.10  driving convictions from a court, the court must furnish the 
  6.11  information without charge. 
  6.12     (k) A violation of subdivision 1a may be prosecuted either 
  6.13  in the jurisdiction where the arresting officer observed the 
  6.14  defendant driving, operating, or in control of the motor vehicle 
  6.15  or in the jurisdiction where the refusal occurred. 
  6.16     Sec. 3.  Minnesota Statutes 1998, section 169.121, 
  6.17  subdivision 3d, is amended to read: 
  6.18     Subd. 3d.  [GROSS MISDEMEANOR; MANDATORY PENALTIES.] (a) 
  6.19  The mandatory penalties in this subdivision apply to persons 
  6.20  convicted of a gross misdemeanor under subdivision 3, paragraph 
  6.21  (c), or section 169.129. 
  6.22     (b) A person who is convicted of a gross misdemeanor under 
  6.23  subdivision 3, paragraph (c), or is convicted of a gross 
  6.24  misdemeanor violation of section 169.129 within five years of a 
  6.25  prior impaired driving conviction or prior license revocation, 
  6.26  must be sentenced to a minimum of 30 days imprisonment, at least 
  6.27  48 hours of which must be served consecutively, or to eight 
  6.28  hours of community work service for each day less than 30 days 
  6.29  that the person is ordered to serve in jail.  Notwithstanding 
  6.30  section 609.135, the above sentence must be executed, unless the 
  6.31  court departs from the mandatory minimum sentence under 
  6.32  paragraph (c) (f) or (d) (g). 
  6.33     (c) A person who is convicted of a gross misdemeanor under 
  6.34  subdivision 3, paragraph (c), or is convicted of a gross 
  6.35  misdemeanor violation of section 169.129 within ten years of two 
  6.36  prior impaired driving convictions, two prior license 
  7.1   revocations, or a combination of the two based on separate 
  7.2   instances, must be sentenced to either: 
  7.3      (1) a minimum of 90 days incarceration, at least 30 days of 
  7.4   which must be served consecutively in a local correctional 
  7.5   facility; or 
  7.6      (2) a program of intensive supervision of the type 
  7.7   described in section 169.1265 that requires the person to 
  7.8   consecutively serve at least six days in a local correctional 
  7.9   facility.  
  7.10  The court may order that the person serve not more than 60 days 
  7.11  of the minimum penalty under clause (1) on home detention or in 
  7.12  an intensive probation program described in section 169.1265.  
  7.13  Notwithstanding section 609.135, the penalties in this paragraph 
  7.14  must be imposed and executed. 
  7.15     (d) A person who is convicted of a gross misdemeanor under 
  7.16  subdivision 3, paragraph (c), or is convicted of a gross 
  7.17  misdemeanor violation of section 169.129 within ten years of 
  7.18  three prior impaired driving convictions, three prior license 
  7.19  revocations, or a combination of the two based on separate 
  7.20  instances, must be sentenced to either: 
  7.21     (1) a minimum of 180 days of incarceration, at least 30 
  7.22  days of which must be served consecutively in a local 
  7.23  correctional facility; or 
  7.24     (2) a program of intensive supervision of the type 
  7.25  described in section 169.1265 that requires the person to 
  7.26  consecutively serve at least six days in a local correctional 
  7.27  facility.  
  7.28  The court may order that the person serve not more than 150 days 
  7.29  of the minimum penalty under clause (1) on home detention or in 
  7.30  an intensive probation program described in section 169.1265.  
  7.31  Notwithstanding section 609.135, the penalties in this paragraph 
  7.32  must be imposed and executed. 
  7.33     (e) A person who is convicted of a gross misdemeanor under 
  7.34  subdivision 3, paragraph (c), or is convicted of a gross 
  7.35  misdemeanor violation of section 169.129 within 15 years of four 
  7.36  prior impaired driving convictions, four prior license 
  8.1   revocations, or a combination of the two based on separate 
  8.2   instances; or anytime after five or more prior impaired driving 
  8.3   convictions, five or more prior license revocations, or a 
  8.4   combination of the two based on separate instances, must be 
  8.5   sentenced to either: 
  8.6      (1) a minimum of one year of incarceration, at least 60 
  8.7   days of which must be served consecutively in a local 
  8.8   correctional facility; or 
  8.9      (2) a program of intensive supervision of the type 
  8.10  described in section 169.1265 that requires the person to 
  8.11  consecutively serve at least six days in a local correctional 
  8.12  facility.  
  8.13  The court may order that the person serve the remainder of the 
  8.14  minimum penalty under clause (1) on intensive probation using an 
  8.15  electronic monitoring system or, if such a system is 
  8.16  unavailable, on home detention.  Notwithstanding section 
  8.17  609.135, the penalties in this paragraph must be imposed and 
  8.18  executed. 
  8.19     (f) Prior to sentencing, the prosecutor may file a motion 
  8.20  to have the a defendant described in paragraph (b) sentenced 
  8.21  without regard to the mandatory minimum sentence established 
  8.22  by this subdivision that paragraph.  The motion must be 
  8.23  accompanied by a statement on the record of the reasons for it.  
  8.24  When presented with the prosecutor's motion and if it finds that 
  8.25  substantial mitigating factors exist, the court shall sentence 
  8.26  the defendant without regard to the mandatory minimum sentence 
  8.27  established by this subdivision paragraph (b).  
  8.28     (d) (g) The court may, on its own motion, sentence the a 
  8.29  defendant described in paragraph (b) without regard to the 
  8.30  mandatory minimum sentence established by this subdivision that 
  8.31  paragraph if it finds that substantial mitigating factors exist 
  8.32  and if its sentencing departure is accompanied by a statement on 
  8.33  the record of the reasons for it.  The court also may sentence 
  8.34  the defendant without regard to the mandatory minimum sentence 
  8.35  established by this subdivision paragraph (b) if the defendant 
  8.36  is sentenced to probation and ordered to participate in a 
  9.1   program established under section 169.1265. 
  9.2      (e) (h) When any portion of the sentence required by this 
  9.3   subdivision paragraph (b) is not executed, the court should 
  9.4   impose a sentence that is proportional to the extent of the 
  9.5   offender's prior criminal and moving traffic violation record.  
  9.6   Any sentence required under this subdivision paragraph (b) must 
  9.7   include a mandatory sentence that is not subject to suspension 
  9.8   or a stay of imposition or execution, and that includes 
  9.9   incarceration for not less than 48 consecutive hours or at least 
  9.10  80 hours of community work service. 
  9.11     Sec. 4.  Minnesota Statutes 1998, section 169.129, 
  9.12  subdivision 1, is amended to read: 
  9.13     Subdivision 1.  [CRIME.] It is a crime gross misdemeanor 
  9.14  for any person to drive, operate, or be in physical control of a 
  9.15  motor vehicle, the operation of which requires a driver's 
  9.16  license, within this state or upon the ice of any boundary water 
  9.17  of this state in violation of section 169.121 or an ordinance in 
  9.18  conformity with it before the person's driver's license or 
  9.19  driving privilege has been reinstated following its 
  9.20  cancellation, suspension, revocation, disqualification, or 
  9.21  denial under any of the following:  
  9.22     (1) section 169.121, 169.1211, or 169.123; 
  9.23     (2) section 171.04, 171.14, 171.16, 171.17, or 171.18 
  9.24  because of an alcohol-related incident; 
  9.25     (3) section 609.21, subdivision 1, clauses (2) to (6); 
  9.26  subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 
  9.27  to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
  9.28  clauses (2) to (6); or subdivision 4, clauses (2) to (6). 
  9.29     Sec. 5.  Minnesota Statutes 1998, section 609.02, 
  9.30  subdivision 2, is amended to read: 
  9.31     Subd. 2.  [FELONY.] "Felony" means a crime, other than an 
  9.32  enhanced gross misdemeanor, for which a sentence of imprisonment 
  9.33  for more than one year may be imposed. 
  9.34     Sec. 6.  Minnesota Statutes 1998, section 609.035, 
  9.35  subdivision 2, is amended to read: 
  9.36     Subd. 2.  (a) When a person is being sentenced for a 
 10.1   violation of a provision listed in paragraph (f), the court may 
 10.2   sentence the person to a consecutive term of imprisonment for a 
 10.3   violation of any other provision listed in paragraph (f), 
 10.4   notwithstanding the fact that the offenses arose out of the same 
 10.5   course of conduct, subject to the limitation on consecutive 
 10.6   sentences contained in section 609.15, subdivision 2, and except 
 10.7   as provided in paragraphs (b), (c), and (d), and (g) of this 
 10.8   subdivision. 
 10.9      (b) When a person is being sentenced for a violation of 
 10.10  section 169.129 the court may not impose a consecutive sentence 
 10.11  for a violation of a provision of section 169.121, subdivision 
 10.12  1, or for a violation of a provision of section 171.20, 171.24, 
 10.13  or 171.30. 
 10.14     (c) When a person is being sentenced for a violation of 
 10.15  section 171.20, 171.24, or 171.30, the court may not impose a 
 10.16  consecutive sentence for another violation of a provision in 
 10.17  chapter 171. 
 10.18     (d) When a person is being sentenced for a violation of 
 10.19  section 169.791 or 169.797, the court may not impose a 
 10.20  consecutive sentence for another violation of a provision of 
 10.21  sections 169.79 to 169.7995. 
 10.22     (e) This subdivision does not limit the authority of the 
 10.23  court to impose consecutive sentences for crimes arising on 
 10.24  different dates or to impose a consecutive sentence when a 
 10.25  person is being sentenced for a crime and is also in violation 
 10.26  of the conditions of a stayed or otherwise deferred sentence 
 10.27  under section 609.135. 
 10.28     (f) This subdivision applies to misdemeanor and gross 
 10.29  misdemeanor violations of the following if the offender has two 
 10.30  or more prior impaired driving convictions as defined in section 
 10.31  169.121, subdivision 3: 
 10.32     (1) section 169.121, subdivision 1, driving while 
 10.33  intoxicated; 
 10.34     (2) section 169.121, subdivision 1a, testing refusal; 
 10.35     (3) section 169.129, aggravated driving while intoxicated; 
 10.36     (4) section 169.791, failure to provide proof of insurance; 
 11.1      (5) section 169.797, failure to provide vehicle insurance; 
 11.2      (6) section 171.20, subdivision 2, operation after 
 11.3   revocation, suspension, cancellation, or disqualification; 
 11.4      (7) section 171.24, driving without valid license; 
 11.5      (8) section 171.30, violation of condition of limited 
 11.6   license; and 
 11.7      (9) section 609.487, fleeing a peace officer. 
 11.8      (g) When a court is sentencing an offender for a violation 
 11.9   of section 169.121 or 169.129 and a violation of an offense 
 11.10  listed in paragraph (f), and the offender has five or more prior 
 11.11  impaired driving convictions, five or more prior license 
 11.12  revocations, or a combination of the two based on separate 
 11.13  instances, within the person's lifetime, the court shall 
 11.14  sentence the offender to serve consecutive sentences for the 
 11.15  offenses, notwithstanding the fact that the offenses arose out 
 11.16  of the same course of conduct. 
 11.17     Sec. 7.  Minnesota Statutes 1998, section 609.105, 
 11.18  subdivision 1, is amended to read: 
 11.19     Subdivision 1.  Except as otherwise provided in subdivision 
 11.20  3, A sentence to imprisonment for more than one year shall 
 11.21  commit the defendant to the custody of the commissioner of 
 11.22  corrections.  
 11.23     Sec. 8.  Minnesota Statutes 1998, section 609.105, 
 11.24  subdivision 3, is amended to read: 
 11.25     Subd. 3.  A sentence to imprisonment for an enhanced gross 
 11.26  misdemeanor or for a period of one year or any lesser period 
 11.27  shall be to a workhouse, work farm, county jail, or other place 
 11.28  authorized by law.  
 11.29     Sec. 9.  Minnesota Statutes 1998, section 609.135, 
 11.30  subdivision 2, is amended to read: 
 11.31     Subd. 2.  [STAY OF SENTENCE MAXIMUM PERIODS.] (a) If the 
 11.32  conviction is for a felony the stay shall be for not more than 
 11.33  four years or the maximum period for which the sentence of 
 11.34  imprisonment might have been imposed, whichever is longer. 
 11.35     (b) If the conviction is for an enhanced gross misdemeanor 
 11.36  violation of section 169.121 or 169.129, the stay shall be for 
 12.1   not more than six years.  The court shall provide for 
 12.2   unsupervised probation for the last year of the stay unless the 
 12.3   court finds that the defendant needs supervised probation for 
 12.4   all or part of the last year. 
 12.5      (c) If the conviction is for a gross misdemeanor violation 
 12.6   of section 169.121 or 169.129, the stay shall be for not more 
 12.7   than four six years.  The court shall provide for unsupervised 
 12.8   probation for the last year of the stay unless the court finds 
 12.9   that the defendant needs supervised probation for all or part of 
 12.10  the last year. 
 12.11     (d) (c) If the conviction is for a gross misdemeanor not 
 12.12  specified in paragraph (c) (b), the stay shall be for not more 
 12.13  than two years. 
 12.14     (e) (d) If the conviction is for any misdemeanor under 
 12.15  section 169.121; 609.746, subdivision 1; 609.79; or 617.23; or 
 12.16  for a misdemeanor under section 609.2242 or 609.224, subdivision 
 12.17  1, in which the victim of the crime was a family or household 
 12.18  member as defined in section 518B.01, the stay shall be for not 
 12.19  more than two years.  The court shall provide for unsupervised 
 12.20  probation for the second year of the stay unless the court finds 
 12.21  that the defendant needs supervised probation for all or part of 
 12.22  the second year. 
 12.23     (f) (e) If the conviction is for a misdemeanor not 
 12.24  specified in paragraph (e) (d), the stay shall be for not more 
 12.25  than one year.  
 12.26     (g) (f) The defendant shall be discharged six months after 
 12.27  the term of the stay expires, unless the stay has been revoked 
 12.28  or extended under paragraph (h) (g), or the defendant has 
 12.29  already been discharged. 
 12.30     (h) (g) Notwithstanding the maximum periods specified for 
 12.31  stays of sentences under paragraphs (a) to (g) (f), a court may 
 12.32  extend a defendant's term of probation for up to one year if it 
 12.33  finds, at a hearing conducted under subdivision 1a, that: 
 12.34     (1) the defendant has not paid court-ordered restitution or 
 12.35  a fine in accordance with the payment schedule or structure; and 
 12.36     (2) the defendant is likely to not pay the restitution or 
 13.1   fine the defendant owes before the term of probation expires.  
 13.2   This one-year extension of probation for failure to pay 
 13.3   restitution or a fine may be extended by the court for up to one 
 13.4   additional year if the court finds, at another hearing conducted 
 13.5   under subdivision 1a, that the defendant still has not paid the 
 13.6   court-ordered restitution or fine that the defendant owes. 
 13.7      (i) (h) Notwithstanding the maximum periods specified for 
 13.8   stays of sentences under paragraphs (a) to (g) (f), a court may 
 13.9   extend a defendant's term of probation for up to three years if 
 13.10  it finds, at a hearing conducted under subdivision 1c, that: 
 13.11     (1) the defendant has failed to complete court-ordered 
 13.12  treatment successfully; and 
 13.13     (2) the defendant is likely not to complete court-ordered 
 13.14  treatment before the term of probation expires. 
 13.15     Sec. 10.  Minnesota Statutes 1998, section 609.15, 
 13.16  subdivision 2, is amended to read: 
 13.17     Subd. 2.  [LIMIT ON SENTENCES; MISDEMEANOR AND GROSS 
 13.18  MISDEMEANOR.] If the court specifies that the sentence shall run 
 13.19  consecutively and all of the sentences are for misdemeanors, the 
 13.20  total of the sentences shall not exceed one year.  If the 
 13.21  sentences are for a gross misdemeanor or enhanced gross 
 13.22  misdemeanor and one or more misdemeanors, the total of the 
 13.23  sentences shall not exceed two years.  If all of the sentences 
 13.24  are for gross misdemeanors and enhanced gross misdemeanors, the 
 13.25  total of the sentences shall not exceed four years. 
 13.26     Sec. 11.  [REPEALER.] 
 13.27     Minnesota Statutes 1998, sections 169.121, subdivision 3e; 
 13.28  169.129, subdivision 2; and 609.02, subdivision 2a, are repealed.
 13.29     Sec. 12.  [EFFECTIVE DATE.] 
 13.30     Sections 1 to 11 are effective the day following final 
 13.31  enactment and apply to crimes committed on or after that date.  
 13.32  However, violations occurring before that date which are listed 
 13.33  in Minnesota Statutes, section 169.121, subdivision 3, paragraph 
 13.34  (a), are considered prior impaired driving convictions or prior 
 13.35  license revocations for purposes of this act.