SF 1548

as introduced - 89th Legislature (2015 - 2016) Posted on 09/16/2015 02:42pm

A bill for an act
relating to public safety; requiring ignition interlock for DWI repeat offenders,
DWI offenders with high alcohol concentration, and criminal vehicular homicide
offenders; amending licensing provisions for DWI offenders; amending ignition
interlock requirements; authorizing expedited rulemaking; increasing criminal
penalties; amending Minnesota Statutes 2014, sections 169A.55, subdivisions 2,
4, 5; 171.29, subdivision 1; 171.30, subdivisions 1, 2a, 5; 171.306, subdivisions
1, 4, 5, 6, 8.

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

Section 1.

Minnesota Statutes 2014, section 169A.55, subdivision 2, is amended to read:

Subd. 2.

Reinstatement of driving privileges; notice.

Upon expiration of a period
of revocation under section 169A.52 (license revocation for test failure or refusal) or
169A.54 (impaired driving convictions and adjudications; administrative penalties), the
commissioner shall notify the person of the terms upon which driving privileges can be
reinstated, and new registration plates issued, which terms are: (1) deleted text begin successful completion
of an examination and deleted text end proof of compliance with any terms of new text begin ignition interlock or new text end alcohol
treatment or counseling previously prescribed, if any; and (2) any other requirements
imposed by the commissioner and applicable to that particular case. The commissioner
shall notify the owner of a motor vehicle subject to an impoundment order under section
169A.60 (administrative impoundment of plates) as a result of the violation of the
procedures for obtaining new registration plates, if the owner is not the violator. The
commissioner shall also notify the person that if driving is resumed without reinstatement
of driving privileges or without valid registration plates and registration certificate, the
person will be subject to criminal penalties.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to
offenses committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2014, section 169A.55, subdivision 4, is amended to read:

Subd. 4.

Reinstatement of driving privileges; multiple incidents.

(a) new text begin A person
whose driver's license has been revoked as a result of an offense listed under clause (1) or
(2) shall not be eligible for reinstatement of driving privileges without an ignition interlock
restriction until the commissioner certifies the person's use of the ignition interlock device
and compliance with section 171.306 for a period of not less than:
new text end

new text begin (1) one year, for a person whose driver's license was revoked for:
new text end

new text begin (i) an offense where the test results indicated an alcohol concentration of twice
the legal limit or more;
new text end

new text begin (ii) an offense occurring within ten years of a qualified prior impaired driving
incident; or
new text end

new text begin (iii) an offense occurring after two qualified prior impaired driving incidents; or
new text end

new text begin (2) two years, for a person whose driver's license was revoked for an offense
occurring under clause (1), item (i) or (ii), and where the test results indicated an alcohol
concentration of twice the legal limit.
new text end

new text begin (b) new text end A person whose driver's license has been canceled or denied as a result of three
or more qualified impaired driving incidents shall not be eligible for reinstatement of
driving privileges without an ignition interlock restriction until the person:

(1) has completed rehabilitation according to rules adopted by the commissioner or
been granted a variance from the rules by the commissioner; and

(2) has submitted verification of abstinence from alcohol and controlled substances new text begin
under paragraph (c) new text end , as evidenced by the person's use of an ignition interlock device or
other chemical monitoring device approved by the commissioner.

deleted text begin (b) deleted text end new text begin (c) new text end The verification of abstinence must show that the person has abstained from
the use of alcohol and controlled substances for a period of not less than:

(1) three years, for a person whose driver's license was canceled or denied for an
offense occurring within ten years of the first of two qualified prior impaired driving
incidents, or occurring after three qualified prior impaired driving incidents;

(2) four years, for a person whose driver's license was canceled or denied for an
offense occurring within ten years of the first of three qualified prior impaired driving
incidents; or

(3) six years, for a person whose driver's license was canceled or denied for an
offense occurring after four or more qualified prior impaired driving incidents.

deleted text begin (c) deleted text end new text begin (d) new text end The commissioner shall establish performance standards and a process for
certifying chemical monitoring devices. The standards and procedures are not rules and
are exempt from chapter 14, including section 14.386.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to
offenses committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2014, section 169A.55, subdivision 5, is amended to read:

Subd. 5.

Reinstatement of driving privileges; certain criminal vehicular
operation offenses.

A person whose driver's license has been revoked under section
171.17, subdivision 1, paragraph (a), clause (1) (revocation, criminal vehicular operation),
or suspended under section 171.187 (suspension, criminal vehicular operation), for a
violation of section new text begin 609.2112, subdivision 1, clause (2), item (i) or (iii), (3), or (4);
new text end 609.2113, subdivision 1, clause (2), item (i) or (iii), (3), or (4), subdivision 2, clause
(2), item (i) or (iii), (3), or (4), or subdivision 3, clause (2), item (i) or (iii), (3), or (4);
or section 609.2114, new text begin subdivision 1, clause (2), item (i) or (iii), (3), or (4), or new text end subdivision
2, clause (2), item (i) or (iii) (criminal vehicular operation, alcohol-related provisions),
deleted text begin resulting in bodily harm, substantial bodily harm, or great bodily harm, deleted text end shall not be
eligible for reinstatement of driving privileges until the person has submitted to the
commissioner verification of the use of ignition interlock for the applicable time period
specified in those sections. To be eligible for reinstatement under this subdivision, a
person shall utilize an ignition interlock device that meets the performance standards and
certification requirements under subdivision 4, paragraph (c).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to
offenses committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2014, section 171.29, subdivision 1, is amended to read:

Subdivision 1.

Examination required.

No person whose driver's license has been
revoked by reason of conviction, plea of guilty, or forfeiture of bail not vacated, under
section 169.791, 169.797, 171.17, or 171.172, or revoked under section 169.792 deleted text begin or
169A.52 deleted text end shall be issued another license unless and until that person shall have successfully
passed an examination as required by the commissioner of public safety. This subdivision
does not apply to an applicant for early reinstatement under section 169.792, subdivision 7a.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to
offenses committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2014, section 171.30, subdivision 1, is amended to read:

Subdivision 1.

Conditions of issuance.

(a) The commissioner may issue a limited
license to the driver under the conditions in paragraph (b) in any case where a person's
license has been:

(1) suspended under section 171.18, 171.173, new text begin or new text end 171.186 deleted text begin , or 171.187 deleted text end ;

(2) new text begin suspended or revoked under section 171.17, subdivision 1, paragraph (a), clause
(1), or 171.187, for a violation of section:
new text end

new text begin (i) 609.2112, subdivision 1, clause (1), (2), item (ii), (5), (6), (7), or (8);
new text end

new text begin (ii) 609.2113, subdivision 1, clause (1), (2), item (ii), (5), (6), (7), or (8), subdivision
2, clause (1), (2), item (ii), (5), (6), (7), or (8), or subdivision 3, clause (1), (2), item
(ii), (5), (6), (7), or (8); or
new text end

new text begin (iii) 609.2114, subdivision 1, clause (1), (2), item (ii), (5), (6), (7), or (8), or
subdivision 2, clause (1), (2), item (ii), (5), (6), (7), or (8);
new text end

new text begin (3) new text end revoked, canceled, or denied under section:

(i) 169.792;

(ii) 169.797;

(iii) 169A.52:

(A) subdivision 3, paragraph (a), clause (1) or (2); new text begin or
new text end

deleted text begin (B) subdivision 3, paragraph (a), clause (4), (5), or (6), if in compliance with section
171.306;
deleted text end

deleted text begin (C) deleted text end new text begin (B) new text end subdivision 4, paragraph (a), clause (1) or (2), if the test results indicate an
alcohol concentration of less than twice the legal limit;

deleted text begin (D) subdivision 4, paragraph (a), clause (4), (5), or (6), if in compliance with section
171.306;
deleted text end

(iv) 171.17 new text begin , subdivision 1, paragraph (a), clauses (2) to (10) new text end ; or

(v) 171.172; or

deleted text begin (3) deleted text end new text begin (4) new text end revoked, canceled, or denied under section 169A.54:

(i) subdivision 1, clause (1), if the test results indicate an alcohol concentration
of less than twice the legal limit;

(ii) subdivision 1, clause (2); new text begin or
new text end

deleted text begin (iii) subdivision 1, clause (5), (6), or (7), if in compliance with section 171.306; or
deleted text end

deleted text begin (iv) deleted text end new text begin (iii) new text end subdivision 2, if the person does not have a qualified prior impaired driving
incident as defined in section 169A.03, subdivision 22, on the person's record, and the test
results indicate an alcohol concentration of less than twice the legal limit.

(b) The following conditions for a limited license under paragraph (a) include:

(1) if the driver's livelihood or attendance at a chemical dependency treatment or
counseling program depends upon the use of the driver's license;

(2) if the use of a driver's license by a homemaker is necessary to prevent the
substantial disruption of the education, medical, or nutritional needs of the family of
the homemaker; or

(3) if attendance at a postsecondary institution of education by an enrolled student of
that institution depends upon the use of the driver's license.

(c) The commissioner in issuing a limited license may impose such conditions and
limitations as in the commissioner's judgment are necessary to the interests of the public
safety and welfare including reexamination as to the driver's qualifications. The license
may be limited to the operation of particular vehicles, to particular classes and times of
operation, and to particular conditions of traffic. The commissioner may require that an
applicant for a limited license affirmatively demonstrate that use of public transportation
or carpooling as an alternative to a limited license would be a significant hardship.

(d) For purposes of this subdivision:

(1) "homemaker" refers to the person primarily performing the domestic tasks in a
household of residents consisting of at least the person and the person's dependent child
or other dependents; and

(2) "twice the legal limit" means an alcohol concentration of two times the limit
specified in section 169A.20, subdivision 1, clause (5).

(e) The limited license issued by the commissioner shall clearly indicate the
limitations imposed and the driver operating under the limited license shall have the
license in possession at all times when operating as a driver.

(f) In determining whether to issue a limited license, the commissioner shall consider
the number and the seriousness of prior convictions and the entire driving record of the
driver and shall consider the number of miles driven by the driver annually.

(g) If the person's driver's license or permit to drive has been revoked under
section 169.792 or 169.797, the commissioner may only issue a limited license to the
person after the person has presented an insurance identification card, policy, or written
statement indicating that the driver or owner has insurance coverage satisfactory to
the commissioner of public safety. The commissioner of public safety may require
the insurance identification card provided to satisfy this subdivision be certified by the
insurance company to be noncancelable for a period not to exceed 12 months.

(h) The limited license issued by the commissioner to a person under section
171.186, subdivision 4, must expire 90 days after the date it is issued. The commissioner
must not issue a limited license to a person who previously has been issued a limited
license under section 171.186, subdivision 4.

(i) The commissioner shall not issue a limited driver's license to any person
described in section 171.04, subdivision 1, clause (6), (7), (8), (11), or (14).

(j) The commissioner shall not issue a class A, class B, or class C limited license.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to
offenses committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2014, section 171.30, subdivision 2a, is amended to read:

Subd. 2a.

Other waiting periods.

Notwithstanding subdivision 2, a limited license
shall not be issued for a period of:

(1) 15 days, to a person whose license or privilege has been revoked or suspended for
a first violation of section 169A.20 new text begin , where the test results indicate an alcohol concentration
of less than twice the legal limit new text end , sections 169A.50 to 169A.53, or a statute or ordinance
from another state in conformity with either of those sections; or

(2) one year, to a person whose license or privilege has been revoked or suspended
for committing manslaughter resulting from the operation of a motor vehicle, committing
criminal vehicular homicide or injury under section deleted text begin 609.21, subdivision 1, clause (1), (2),
item (ii), (5), (6), (7), or (8), committing criminal vehicular homicide under section 609.21,
subdivision 1, clause (2), item (i) or (iii), (3), or (4), deleted text end new text begin 609.2112, subdivision 1, clause (1), (2),
item (ii), (5), (6), (7), or (8); 609.2113, subdivision 1, clause (1), (2), item (ii), (5), (6), (7),
or (8), subdivision 2, clause (1), (2), item (ii), (5), (6), (7), or (8), or subdivision 3, clause
(1), (2), item (ii), (5), (6), (7), or (8); or 609.2114, subdivision 1, clause (1), (2), item (ii),
(5), (6), (7), or (8), or subdivision 2, clause (1), (2), item (ii), (5), (6), (7), or (8), new text end or violating
a statute or ordinance from another state in conformity with deleted text begin either of deleted text end those offenses.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to
offenses committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2014, section 171.30, subdivision 5, is amended to read:

Subd. 5.

Exception; criminal vehicular operation.

Notwithstanding subdivision
1, the commissioner may not issue a limited license to a person whose driver's license
has been suspended or revoked due to a violation of deleted text begin section 609.21, subdivision 1, clause
(2), item (i) or (iii), (3), or (4), resulting in bodily harm, substantial bodily harm, or great
bodily harm deleted text end new text begin section 609.2112, subdivision 1, clause (2), item (i) or (iii), (3), or (4);
609.2113, subdivision 1, clause (2), item (i) or (iii), (3), or (4), subdivision 2, clause (2),
item (i) or (iii), (3), or (4), or subdivision 3, clause (2), item (i) or (iii), (3), or (4); or
609.2114, subdivision 1, clause (2), item (i) or (iii), (3), or (4), or subdivision 2, clause
(2), item (i) or (iii), (3), or (4) new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to
offenses committed on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2014, section 171.306, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) As used in this section, the terms in this subdivision
have the meanings given them.

(b) "Ignition interlock device" or "device" means equipment that is designed to
measure breath alcohol concentration and to prevent a motor vehicle's ignition from being
started by a person whose breath alcohol concentration measures 0.02 or higher on the
equipment.

(c) "Program participant" means a person who has qualified to take part in the
ignition interlock program under this section, and whose driver's license has been:

(1) revoked, canceled, or denied under section 169A.52, 169A.54, or 171.04,
subdivision 1, clause (10); or

(2) revoked under section 171.17, subdivision 1, paragraph (a), clause (1), or
suspended under section 171.187, for a violation of section new text begin 609.2112, subdivision 1,
clause (2), item (i) or (iii), (3), or (4); new text end 609.2113, subdivision 1, clause (2), item (i) or (iii),
(3), or (4); subdivision 2, clause (2), item (i) or (iii), (3), or (4); or subdivision 3, clause
(2), item (i) or (iii), (3), or (4); or 609.2114, new text begin subdivision 1, clause (2), item (i) or (iii), (3),
or (4), or new text end subdivision 2, clause (2), item (i) or (iii), (3), or (4) deleted text begin , resulting in bodily harm,
substantial bodily harm, or great bodily harm deleted text end .

(d) "Qualified prior impaired driving incident" has the meaning given in section
169A.03, subdivision 22.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to
offenses committed on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2014, section 171.306, subdivision 4, is amended to read:

Subd. 4.

Issuance of restricted license.

(a) The commissioner shall issue a class
D driver's license, subject to the applicable limitations and restrictions of this section,
to a program participant who meets the requirements of this section and the program
guidelines. The commissioner shall not issue a license unless the program participant has
provided satisfactory proof that:

(1) a certified ignition interlock device has been installed on the participant's motor
vehicle at an installation service center designated by the device's manufacturer; and

(2) the participant has insurance coverage on the vehicle equipped with the ignition
interlock device. The commissioner shall require the participant to present an insurance
identification card, policy, or written statement as proof of insurance coverage deleted text begin , and may deleted text end new text begin .
If the participant has a prior conviction under section 169.791 or a prior revocation
under section 169.792, the commissioner shall new text end require the insurance identification card
provided be certified by the insurance company to be noncancelable for a period not to
exceed 12 months.

(b) A license issued under authority of this section must contain a restriction
prohibiting the program participant from driving, operating, or being in physical control of
any motor vehicle not equipped with a functioning ignition interlock device certified by
the commissioner. A participant may drive an employer-owned vehicle not equipped with
an interlock device while in the normal course and scope of employment duties pursuant
to the program guidelines established by the commissioner and with the employer's
written consent.

(c) A program participant whose driver's license has been:

(1) revoked under section 169A.52, subdivision 3, paragraph (a), clause (1), (2), or
(3), or subdivision 4, paragraph (a), clause (1), (2), or (3), or section 169A.54, subdivision
1, clause (1), (2), (3), or (4); or

(2) revoked under section 171.17, subdivision 1, paragraph (a), clause (1), or
suspended under section 171.187, for a violation of section new text begin 609.2112, subdivision 1,
clause (2), item (i) or (iii), (3), or (4); new text end 609.2113, subdivision 1, clause (2), item (i) or (iii),
(3), or (4); subdivision 2, clause (2), item (i) or (iii), (3), or (4); or subdivision 3, clause
(2), item (i) or (iii), (3), or (4); or 609.2114, new text begin subdivision 1, clause (2), item (i) or (iii), (3),
or (4), or new text end subdivision 2, clause (2), item (i) or (iii), (3), or (4) deleted text begin , resulting in bodily harm,
substantial bodily harm, or great bodily harm deleted text end , where the participant has fewer than two
qualified prior impaired driving incidents within the past ten years or fewer than three
qualified prior impaired driving incidents ever;

may apply for conditional reinstatement of the driver's license, subject to the ignition
interlock restriction.

(d) A program participant whose driver's license has been:

(1) revoked, canceled, or denied under section 169A.52, subdivision 3, paragraph
(a), clause (4), (5), or (6), or subdivision 4, paragraph (a), clause (4), (5), or (6), or section
169A.54, subdivision 1, clause (5), (6), or (7); or

(2) revoked under section 171.17, subdivision 1, paragraph (a), clause (1), or suspended
under section 171.187, for a violation of section new text begin 609.2112, subdivision 1, clause (2), item
(i) or (iii), (3), or (4); new text end 609.2113, subdivision 1, clause (2), item (i) or (iii), (3), or (4);
subdivision 2, clause (2), item (i) or (iii), (3), or (4); or subdivision 3, clause (2), item (i)
or (iii), (3), or (4); or 609.2114, new text begin subdivision 1, clause (2), item (i) or (iii), (3), or (4), or
new text end subdivision 2, clause (2), item (i) or (iii), (3), or (4) deleted text begin , resulting in bodily harm, substantial
bodily harm, or great bodily harm deleted text end , where the participant has two or more qualified prior
impaired driving incidents within the past ten years or three or more qualified prior
impaired driving incidents ever;

may apply for a deleted text begin limited license, subject to the ignition interlock restriction, if the program
participant is enrolled in a licensed chemical dependency treatment or rehabilitation
program as recommended in a chemical use assessment, and if the participant meets the
other applicable requirements of section 171.30. After completing a licensed chemical
dependency treatment or rehabilitation program and one year of limited license use
without violating the ignition interlock restriction, the conditions of limited license use,
or program guidelines, the participant may apply for deleted text end conditional reinstatement of the
driver's license, subject to the ignition interlock restriction new text begin , if the program participant is
enrolled in a licensed chemical dependency treatment or rehabilitation program new text end . If the
program participant's ignition interlock device subsequently registers a positive breath
alcohol concentration of 0.02 or higher, the commissioner shall cancel the driver's license,
and the program participant may apply for another deleted text begin limited deleted text end new text begin conditional reinstatement
of the new text end license according to this paragraph.

(e) Notwithstanding any statute or rule to the contrary, the commissioner has
authority to determine when a program participant is eligible for restoration of full driving
privileges, except that the commissioner shall not reinstate full driving privileges until the
program participant has met all applicable prerequisites for reinstatement under section
169A.55 and until the program participant's device has registered no positive breath
alcohol concentrations of 0.02 or higher during the preceding 90 days.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to
offenses committed on or after that date.
new text end

Sec. 10.

Minnesota Statutes 2014, section 171.306, subdivision 5, is amended to read:

Subd. 5.

Penalties; program violations.

(a) If a program participant tampers with,
circumvents, or bypasses a device; drives, operates, or exercises physical control over
a motor vehicle not equipped with a device certified by the commissioner; deleted text begin violates a
condition of a limited license issued under subdivision 4 and section 171.30; deleted text end or violates
the program guidelines of subdivision 3, the commissioner shall extend the person's
revocation period under section 169A.52 or 169A.54 by:

(1) 180 days for a first violation;

(2) one year for a second violation; or

(3) 545 days for a third and each subsequent violation.

(b) Notwithstanding paragraph (a), the commissioner may terminate participation
in the program by any person when, in the commissioner's judgment, termination is
necessary to the interests of public safety and welfare. In the event of termination, the
commissioner shall not reduce the applicable revocation period under section 169A.52 or
169A.54 by the amount of time during which the person possessed a deleted text begin limited or deleted text end restricted
driver's license issued under the authority of subdivision 4.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to
offenses committed on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2014, section 171.306, subdivision 6, is amended to read:

Subd. 6.

Penalties; tampering.

(a) A person who lends, rents, or leases a motor
vehicle that is not equipped with a functioning ignition interlock device certified by the
commissioner to a person with a license issued under this section knowing that the person
is subject to the ignition interlock restriction is guilty of a new text begin gross new text end misdemeanor.

(b) A person who tampers with, circumvents, or bypasses the ignition interlock
device, or assists another to tamper with, circumvent, or bypass the device, is guilty of
a new text begin gross new text end misdemeanor except when the action was taken for emergency purposes or for
mechanical repair, and the person limited to the use of an ignition interlock device does
not operate the motor vehicle while the device is disengaged.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 12.

Minnesota Statutes 2014, section 171.306, subdivision 8, is amended to read:

Subd. 8.

Rulemaking.

In establishing the performance standards and certification
process of subdivision 2 and the program guidelines of subdivision 3, the commissioner
deleted text begin is exempt from chapter 14, including section 14.386. If rules are otherwise necessary
to implement this section, the commissioner may adopt, amend, and repeal rules using
the exempt procedures of section 14.386, except that paragraph (b) shall not apply deleted text end new text begin may
promulgate and adopt rules pursuant to section 14.389, and specifically section 14.389,
subdivision 5 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