SF 1602

as introduced - 93rd Legislature (2023 - 2024) Posted on 06/07/2023 10:20am

A bill for an act
relating to public safety; modifying ignition interlock requirements; amending Minnesota Statutes 2022, sections 169A.44; 171.306, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2022, section 169A.44, is amended to read:

169A.44 CONDITIONAL RELEASE.

Subdivision 1.

Nonfelony violations.

(a) This subdivision applies to a person charged
with a nonfelony violation of section 169A.20 (driving while impaired) under circumstances
described in section 169A.40, subdivision 3 (certain DWI offenders; custodial arrest).

(b) new text begin Except as provided in subdivision 3, new text end unless maximum bail is imposed under section
629.471, a person described in paragraph (a) may be released from detention only if the
person agrees to:

(1) abstain from alcohol; and

(2) submit to a program of electronic alcohol monitoring, involving at least daily
measurements of the person's alcohol concentration, pending resolution of the charge.

Clause (2) applies only when electronic alcohol-monitoring equipment is available to
the court. The court shall require partial or total reimbursement from the person for the cost
of the electronic alcohol monitoring, to the extent the person is able to pay.

Subd. 2.

Felony violations.

(a) new text begin Except as provided in subdivision 3, new text end a person charged
with violating section 169A.20 within ten years of the first of three or more qualified prior
impaired driving incidents may be released from detention only if the following conditions
are imposed:

(1) the conditions described in subdivision 1, paragraph (b), if applicable;

(2) the impoundment of the registration plates of the vehicle used to commit the violation,
unless already impounded;

(3) if the vehicle used to commit the violation was an off-road recreational vehicle or a
motorboat, the impoundment of the off-road recreational vehicle or motorboat;

(4) a requirement that the person report weekly to a probation agent;

(5) a requirement that the person abstain from consumption of alcohol and controlled
substances and submit to random alcohol tests or urine analyses at least weekly;

(6) a requirement that, if convicted, the person reimburse the court or county for the
total cost of these services; and

(7) any other conditions of release ordered by the court.

(b) In addition to setting forth conditions of release under paragraph (a), if required by
court rule, the court shall also fix the amount of money bail without other conditions upon
which the defendant may obtain release.

new text begin Subd. 3. new text end

new text begin Exception; ignition interlock program. new text end

new text begin (a) A court is not required, either
when initially reviewing a person's release or when modifying the terms of the person's
release, to order a person charged with violating section 169A.24 (first-degree driving while
impaired), 169A.25 (second-degree driving while impaired), or 169A.26 (third-degree
driving while impaired) to submit to a program of electronic alcohol monitoring under
subdivision 1 or 2 if the person becomes a program participant in the ignition interlock
program under section 171.306.
new text end

new text begin (b) A judicial officer, county agency, or probation office may not require or suggest that
the person use a particular ignition interlock vendor when complying with this subdivision
but may provide the person with a list of all Minnesota vendors of certified devices.
new text end

new text begin (c) Paragraph (b) does not apply in counties where a contract exists for a specific vendor
to provide interlock device service for program participants who are indigent pursuant to
section 171.306, subdivision 2, paragraph (b), clause (1).
new text end

Sec. 2.

Minnesota Statutes 2022, section 171.306, is amended by adding a subdivision to
read:

new text begin Subd. 9. new text end

new text begin Choice of vendor. new text end

new text begin (a) A judicial officer, county agency, or probation office
may not require or suggest that a person participating in the ignition interlock device program
under this section use a particular ignition interlock vendor but may provide the person with
a list of all Minnesota vendors of certified devices.
new text end

new text begin (b) Paragraph (a) does not apply in counties where a contract exists for a specific vendor
to provide interlock device service for program participants who are indigent pursuant to
subdivision 2, paragraph (b), clause (1).
new text end