SF 1596

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:22am

A bill for an act
relating to crime; modifying crime of fleeing a peace officer; amending
Minnesota Statutes 2008, section 609.487, subdivisions 1, 3, 4, 5; repealing
Minnesota Statutes 2008, section 609.487, subdivision 6.

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

Section 1.

Minnesota Statutes 2008, section 609.487, subdivision 1, is amended to read:

Subdivision 1.

Flee; definition.

For purposes of this section, the term "flee" means
to increase speed new text begin of a motor vehicle new text end , extinguish motor vehicle headlights or taillights,
refuse to stop deleted text begin the deleted text end new text begin a motor new text end vehicle, deleted text begin or deleted text end use other means new text begin in a motor vehicle new text end with intent to
attempt to elude a peace officer following a signal given by any peace officer to the driver
of a motor vehicle new text begin ; or for the purpose of avoiding arrest, detention, or investigation, or
in order to conceal or destroy potential evidence related to the commission of a crime,
attempts to evade or elude a peace officer, who is acting in the lawful discharge of an
official duty, by means of running, hiding, or by any other means new text end .

Sec. 2.

Minnesota Statutes 2008, section 609.487, subdivision 3, is amended to read:

Subd. 3.

Fleeing officer; motor vehicle.

new text begin (a) new text end Whoever by means of a motor vehicle
flees or attempts to flee a peace officer who is acting in the lawful discharge of an official
duty, and the perpetrator knows or should reasonably know the same to be a peace officer,
is guilty of a felony and may be sentenced to imprisonment for not more than three years
and one day or to payment of a fine of not more than $5,000, or both.

new text begin (b) Whoever, except by means of a motor vehicle, flees or attempts to flee a peace
officer is guilty of a misdemeanor.
new text end

Sec. 3.

Minnesota Statutes 2008, section 609.487, subdivision 4, is amended to read:

Subd. 4.

Fleeing officer; death; bodily injury.

Whoever flees or attempts to flee
deleted text begin by means of a motor vehicle deleted text end a peace officer who is acting in the lawful discharge of an
official duty, and the perpetrator knows or should reasonably know the same to be a peace
officer, and who in the course of fleeing causes the death of a human being not constituting
murder or manslaughter or any bodily injury to any person other than the perpetrator may
be sentenced to imprisonment as follows:

(a) if the course of fleeing results in death, to imprisonment for not more than 40
years or to payment of a fine of not more than $80,000, or both; or

(b) if the course of fleeing results in great bodily harm, to imprisonment for not more
than seven years or to payment of a fine of not more than $14,000, or both; or

(c) if the course of fleeing results in substantial bodily harm, to imprisonment for not
more than five years or to payment of a fine of not more than $10,000, or both.

Sec. 4.

Minnesota Statutes 2008, section 609.487, subdivision 5, is amended to read:

Subd. 5.

Revocation; fleeing peace officer offense.

When a person is convicted of
operating a motor vehicle in violation of subdivision 3 new text begin , paragraph (a), new text end or 4, or an ordinance
in conformity with those subdivisions, the court shall notify the commissioner of public
safety and order the commissioner to revoke the driver's license of the person.

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 609.487, subdivision 6, new text end new text begin is repealed.
new text end