SF 1765

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crimes; clarifying certain sentencing 
  1.3             provisions; authorizing use of preliminary breath test 
  1.4             evidence in certain proceedings; authorizing vehicle 
  1.5             forfeiture for third-time DWI offenders; clarifying 
  1.6             criminal penalty for driving in violation of license 
  1.7             restriction; making it a crime for motor vehicle 
  1.8             operator to refuse to submit to drug recognition test 
  1.9             upon lawful demand of drug recognition expert; 
  1.10            requiring traffic-related criminal convictions to be 
  1.11            maintained in offender's driving record for 15 years; 
  1.12            providing for adult court jurisdiction over petty 
  1.13            misdemeanors, misdemeanors, and nonfelony moving 
  1.14            traffic offenses committed by juveniles 16 years old 
  1.15            and older; clarifying effect of stay of imposition of 
  1.16            sentence; increasing penalties for fleeing a peace 
  1.17            officer in a motor vehicle; clarifying "good time" 
  1.18            reductions in jail sentences; authorizing room and 
  1.19            board fees for county prisoners; amending Minnesota 
  1.20            Statutes 1996, sections 152.18, subdivision 1; 
  1.21            169.121, subdivisions 1a and 6; 169.1217, subdivision 
  1.22            1; 171.09; 171.12, subdivision 3; 260.015, 
  1.23            subdivisions 5 and 21; 260.111, subdivision 1a; 
  1.24            260.193, subdivisions 1 and 4; 609.055, subdivision 2; 
  1.25            609.135, subdivision 1; 609.487, subdivisions 3 and 4; 
  1.26            641.12; 641.13; 641.15, by adding a subdivision; and 
  1.27            643.29, subdivision 1. 
  1.28  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.29     Section 1.  Minnesota Statutes 1996, section 152.18, 
  1.30  subdivision 1, is amended to read: 
  1.31     Subdivision 1.  (a) If any person who has not previously 
  1.32  participated in or completed a diversion program authorized 
  1.33  under section 401.065 or who has not previously been placed on 
  1.34  probation without a judgment of guilty and thereafter been 
  1.35  discharged from probation under this section is found guilty of 
  1.36  a violation of section 152.024, subdivision 2, 152.025, 
  2.1   subdivision 2, or 152.027, subdivision 2, 3, or 4, for 
  2.2   possession of a controlled substance, after trial or upon a plea 
  2.3   of guilty, and the court determines that the violation does not 
  2.4   qualify as a subsequent controlled substance conviction under 
  2.5   section 152.01, subdivision 16a, the court may, without entering 
  2.6   a judgment of guilty and with the consent of the person, defer 
  2.7   further proceedings and place the person on probation upon such 
  2.8   reasonable conditions as it may require and for a period, not to 
  2.9   exceed the maximum sentence provided for the violation.  The 
  2.10  court may give the person the opportunity to attend and 
  2.11  participate in an appropriate program of education regarding the 
  2.12  nature and effects of alcohol and drug abuse as a stipulation of 
  2.13  probation.  Upon violation of a condition of the probation, the 
  2.14  court may enter an adjudication of guilt and proceed as 
  2.15  otherwise provided.  The court may, in its discretion, dismiss 
  2.16  the proceedings against the person and discharge the person from 
  2.17  probation before the expiration of the maximum period prescribed 
  2.18  for the person's probation.  If during the period of probation 
  2.19  the person does not violate any of the conditions of the 
  2.20  probation, then upon expiration of the period the court shall 
  2.21  discharge the person and dismiss the proceedings against that 
  2.22  person.  
  2.23     (b) Discharge and dismissal under this subdivision shall be 
  2.24  without court adjudication of guilt, but a not public record of 
  2.25  it shall be retained by the bureau of criminal apprehension for 
  2.26  the purpose of use by the courts in determining the merits of 
  2.27  subsequent proceedings against the person.  The not public 
  2.28  record may also be opened only upon court order for purposes of 
  2.29  a criminal investigation, prosecution, or sentencing.  Upon 
  2.30  request by law enforcement, prosecution, or corrections 
  2.31  authorities, the bureau shall notify the requesting party of the 
  2.32  existence of the not public record and the right to seek a court 
  2.33  order to open it pursuant to this section.  The court shall 
  2.34  forward a record of any discharge and dismissal under this 
  2.35  subdivision to the bureau which shall make and maintain the not 
  2.36  public record of it as provided under this subdivision.  The 
  3.1   discharge or dismissal shall not be deemed a conviction for 
  3.2   purposes of disqualifications or disabilities imposed by law 
  3.3   upon conviction of a crime or for any other purpose.  
  3.4      (c) The discharge and dismissal procedure authorized under 
  3.5   this subdivision applies only to the controlled substance 
  3.6   offenders described in paragraph (a).  Nothing in this section 
  3.7   authorizes the court to apply the procedure to any other type of 
  3.8   criminal offender. 
  3.9      (d) For purposes of this subdivision, "not public" has the 
  3.10  meaning given in section 13.02, subdivision 8a.  
  3.11     Sec. 2.  Minnesota Statutes 1996, section 169.121, 
  3.12  subdivision 1a, is amended to read: 
  3.13     Subd. 1a.  [REFUSAL TO SUBMIT TO TESTING; CRIME.] It is a 
  3.14  crime for any person; 
  3.15     (1) to refuse to submit to a chemical test of the person's 
  3.16  blood, breath, or urine under section 169.123; or 
  3.17     (2) to refuse to submit to a drug recognition examination 
  3.18  or test upon the request of a certified drug recognition expert 
  3.19  who has probable cause to believe the person has violated 
  3.20  subdivision 1, clause (b) or (g). 
  3.21     Sec. 3.  Minnesota Statutes 1996, section 169.121, 
  3.22  subdivision 6, is amended to read: 
  3.23     Subd. 6.  [PRELIMINARY SCREENING TEST.] (a) When a peace 
  3.24  officer has reason to believe from the manner in which a person 
  3.25  is driving, operating, controlling, or acting upon departure 
  3.26  from a motor vehicle, or has driven, operated, or controlled a 
  3.27  motor vehicle, that the driver may be violating or has violated 
  3.28  subdivision 1 or section 169.1211, the officer may require the 
  3.29  driver to provide a sample of the driver's breath for a 
  3.30  preliminary screening test using a device approved by the 
  3.31  commissioner of public safety for this purpose. 
  3.32     (b) The results of this preliminary screening test shall be 
  3.33  used for the purpose of deciding whether an arrest should be 
  3.34  made and whether to require the tests authorized in section 
  3.35  169.123, but shall not be used in any court action except (1) to 
  3.36  prove that a test was properly required of a person pursuant to 
  4.1   section 169.123, subdivision 2; (2) in a civil action arising 
  4.2   out of the operation or use of the motor vehicle; (3) in an 
  4.3   action for license reinstatement under section 171.19; or (4) in 
  4.4   a prosecution or juvenile court proceeding concerning a 
  4.5   violation of section 169.1218 or 340A.503, subdivision 1, 
  4.6   paragraph (a), clause (2); or (5) in a prosecution for a 
  4.7   violation of a restriction on a driver's license under section 
  4.8   171.09 which provides that the license holder may not use or 
  4.9   consume any amount of alcohol or a controlled substance. 
  4.10     (c) Following the screening test additional tests may be 
  4.11  required of the driver pursuant to the provisions of section 
  4.12  169.123. 
  4.13     (d) The driver who refuses to furnish a sample of the 
  4.14  driver's breath is subject to the provisions of section 169.123 
  4.15  unless, in compliance with section 169.123, the driver submits 
  4.16  to a blood, breath or urine test to determine the presence or 
  4.17  amount of alcohol, controlled substances, or hazardous 
  4.18  substances.  
  4.19     Sec. 4.  Minnesota Statutes 1996, section 169.1217, 
  4.20  subdivision 1, is amended to read: 
  4.21     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  4.22  following terms have the meanings given them: 
  4.23     (a) "Appropriate agency" means a law enforcement agency 
  4.24  that has the authority to make an arrest for a violation of a 
  4.25  designated offense. 
  4.26     (b) "Designated offense" includes a violation of section 
  4.27  169.121, an ordinance in conformity with it, or 169.129: 
  4.28     (1) within five years of three two prior impaired driving 
  4.29  convictions or three two prior license revocations based on 
  4.30  separate incidents; 
  4.31     (2) within 15 years of the first of four three or more 
  4.32  prior impaired driving convictions or the first of four three or 
  4.33  more prior license revocations based on separate incidents; 
  4.34     (3) by a person whose driver's license or driving 
  4.35  privileges have been canceled under section 171.04, subdivision 
  4.36  1, clause (8); or 
  5.1      (4) by a person who is subject to a restriction on the 
  5.2   person's driver's license under section 171.09 which provides 
  5.3   that the person may not use or consume any amount of alcohol or 
  5.4   a controlled substance. 
  5.5      "Designated offense" also includes a violation of section 
  5.6   169.121, subdivision 3, paragraph (c), clause (4): 
  5.7      (1) within five years of two prior impaired driving 
  5.8   convictions or two prior license revocations based on separate 
  5.9   incidents; or 
  5.10     (2) within 15 years of the first of three or more prior 
  5.11  impaired driving convictions or the first of three or more prior 
  5.12  license revocations based on separate incidents. 
  5.13     (c) "Motor vehicle" and "vehicle" have the meaning given 
  5.14  "motor vehicle" in section 169.121, subdivision 11.  The terms 
  5.15  do not include a vehicle which is stolen or taken in violation 
  5.16  of the law. 
  5.17     (d) "Owner" means the registered owner of the motor vehicle 
  5.18  according to records of the department of public safety and 
  5.19  includes a lessee of a motor vehicle if the lease agreement has 
  5.20  a term of 180 days or more. 
  5.21     (e) "Prior impaired driving conviction" has the meaning 
  5.22  given it in section 169.121, subdivision 3.  A prior impaired 
  5.23  driving conviction also includes a prior juvenile adjudication 
  5.24  that would have been a prior impaired driving conviction if 
  5.25  committed by an adult. 
  5.26     (f) "Prior license revocation" has the meaning given it in 
  5.27  section 169.121, subdivision 3. 
  5.28     (g) "Prosecuting authority" means the attorney in the 
  5.29  jurisdiction in which the designated offense occurred who is 
  5.30  responsible for prosecuting violations of a designated offense. 
  5.31     Sec. 5.  Minnesota Statutes 1996, section 171.09, is 
  5.32  amended to read: 
  5.33     171.09 [COMMISSIONER MAY IMPOSE RESTRICTIONS.] 
  5.34     The commissioner shall have the authority, when good cause 
  5.35  appears, to impose restrictions suitable to the licensee's 
  5.36  driving ability or such other restrictions applicable to the 
  6.1   licensee as the commissioner may determine to be appropriate to 
  6.2   assure the safe operation of a motor vehicle by the licensee.  
  6.3   The commissioner may, upon receiving satisfactory evidence of 
  6.4   any violation of the restrictions of the license, suspend or 
  6.5   revoke the license.  A license suspension under this section is 
  6.6   subject to section 171.18, subdivisions 2 and 3. 
  6.7      It is unlawful for Any person to operate who operates a 
  6.8   motor vehicle in any manner in violation of the restrictions 
  6.9   imposed in a restricted license issued to that person is guilty 
  6.10  of a misdemeanor.  
  6.11     Sec. 6.  Minnesota Statutes 1996, section 171.12, 
  6.12  subdivision 3, is amended to read: 
  6.13     Subd. 3.  [APPLICATIONS AND RECORDS, WHEN DESTROYED.] The 
  6.14  department may cause applications for drivers' licenses and 
  6.15  instruction permits, and related records, to be destroyed 
  6.16  immediately after the period for which issued, except that: 
  6.17     (1) the driver's record pertaining to revocations, 
  6.18  suspensions, cancellations, disqualifications, convictions, and 
  6.19  accidents shall be cumulative and kept for a period of at least 
  6.20  five years; and 
  6.21     (2) the driver's record pertaining to the alcohol-related 
  6.22  offenses and licensing actions listed in section 169.121, 
  6.23  subdivision 3, and to violations of sections 169.1211 and 
  6.24  171.24, subdivision 5 all traffic-related misdemeanor, gross 
  6.25  misdemeanor, and felony convictions, shall be cumulative and 
  6.26  kept for a period of at least 15 years. 
  6.27     Sec. 7.  Minnesota Statutes 1996, section 260.015, 
  6.28  subdivision 5, is amended to read: 
  6.29     Subd. 5.  [DELINQUENT CHILD.] (a) Except as otherwise 
  6.30  provided in paragraph (b) or (c), "delinquent child" means a 
  6.31  child: 
  6.32     (1) who has violated any state or local law, except as 
  6.33  provided in section 260.193, subdivision 1, and except for 
  6.34  juvenile offenders as described in subdivisions 19 to 23; 
  6.35     (2) who has violated a federal law or a law of another 
  6.36  state and whose case has been referred to the juvenile court if 
  7.1   the violation would be an act of delinquency if committed in 
  7.2   this state or a crime or offense if committed by an adult; 
  7.3      (3) who has escaped from confinement to a state juvenile 
  7.4   correctional facility after being committed to the custody of 
  7.5   the commissioner of corrections; or 
  7.6      (4) who has escaped from confinement to a local juvenile 
  7.7   correctional facility after being committed to the facility by 
  7.8   the court. 
  7.9      (b) The term delinquent child does not include a child 
  7.10  alleged to have committed murder in the first degree after 
  7.11  becoming 16 years of age, but the term delinquent child does 
  7.12  include a child alleged to have committed attempted murder in 
  7.13  the first degree. 
  7.14     (c) The term delinquent child does not include a child 
  7.15  alleged to have committed a petty misdemeanor- or 
  7.16  misdemeanor-level offense after becoming 16 years of age.  
  7.17     Sec. 8.  Minnesota Statutes 1996, section 260.015, 
  7.18  subdivision 21, is amended to read: 
  7.19     Subd. 21.  [JUVENILE PETTY OFFENDER; JUVENILE PETTY 
  7.20  OFFENSE.] (a) "Juvenile petty offense" includes any of the 
  7.21  following offenses when committed by a child under the age of 16 
  7.22  years: 
  7.23     (1) a juvenile alcohol offense,; 
  7.24     (2) a juvenile controlled substance offense,; 
  7.25     (3) a violation of section 609.685,; or 
  7.26     (4) a violation of a local ordinance, which by its terms 
  7.27  prohibits conduct by a child under the age of 18 years which 
  7.28  would be lawful conduct if committed by an adult.  
  7.29     (b) Except as otherwise provided in paragraph (c), 
  7.30  "juvenile petty offense" also includes an offense committed by a 
  7.31  child under the age of 16 years that would be a misdemeanor if 
  7.32  committed by an adult.  
  7.33     (c) "Juvenile petty offense" does not include any of the 
  7.34  following: 
  7.35     (1) a misdemeanor-level violation of section 588.20, 
  7.36  609.224, 609.2242, 609.324, 609.563, 609.576, 609.66, or 617.23; 
  8.1      (2) a major traffic offense or an adult court traffic 
  8.2   offense, as described in section 260.193; 
  8.3      (3) a petty misdemeanor- or misdemeanor-level offense 
  8.4   committed by a child 16 years of age or older; 
  8.5      (4) a misdemeanor-level offense committed by a child whom 
  8.6   the juvenile court previously has found to have committed a 
  8.7   misdemeanor, gross misdemeanor, or felony offense; or 
  8.8      (4) (5) a misdemeanor-level offense committed by a child 
  8.9   whom the juvenile court has found to have committed a 
  8.10  misdemeanor-level juvenile petty offense on two or more prior 
  8.11  occasions, unless the county attorney designates the child on 
  8.12  the petition as a juvenile petty offender notwithstanding this 
  8.13  prior record.  As used in this clause, "misdemeanor-level 
  8.14  juvenile petty offense" includes a misdemeanor-level offense 
  8.15  that would have been a juvenile petty offense if it had been 
  8.16  committed on or after July 1, 1995.  
  8.17     (d) A child who commits a juvenile petty offense is a 
  8.18  "juvenile petty offender." 
  8.19     Sec. 9.  Minnesota Statutes 1996, section 260.111, 
  8.20  subdivision 1a, is amended to read: 
  8.21     Subd. 1a.  [NO JUVENILE COURT JURISDICTION OVER CERTAIN 
  8.22  OFFENDERS.] Notwithstanding any other law to the contrary, the 
  8.23  juvenile court lacks jurisdiction over proceedings concerning a 
  8.24  child excluded from the definition of delinquent child under 
  8.25  section 260.015, subdivision 5, paragraph (b) or (c).  The 
  8.26  district court has original and exclusive jurisdiction in 
  8.27  criminal proceedings concerning a child excluded from the 
  8.28  definition of delinquent child under section 260.015, 
  8.29  subdivision 5, paragraph (b) or (c). 
  8.30     Sec. 10.  Minnesota Statutes 1996, section 260.193, 
  8.31  subdivision 1, is amended to read: 
  8.32     Subdivision 1.  (a) For purposes of this section, the 
  8.33  following terms have the meanings given them.  
  8.34     (b) "Major traffic offense" includes any violation of a 
  8.35  state or local traffic law, ordinance, or regulation, or a 
  8.36  federal, state, or local water traffic law not included within 
  9.1   the provisions of clause (c).  
  9.2      (c) "Adult court traffic offense" means:  
  9.3      (1) a petty misdemeanor violation of a state or local 
  9.4   traffic law, ordinance, or regulation, or a petty misdemeanor 
  9.5   violation of a federal, state, or local water traffic law; or 
  9.6      (2) a misdemeanor- or gross misdemeanor-level moving 
  9.7   violation of a state or local traffic law, ordinance, or 
  9.8   regulation, other than a moving violation relating to motor 
  9.9   vehicle equipment; or 
  9.10     (3) a violation of section 169.121, 169.129, or any other 
  9.11  misdemeanor- or gross misdemeanor-level traffic violation 
  9.12  committed as part of the same behavioral incident as a violation 
  9.13  of section 169.121 or 169.129.  
  9.14     Sec. 11.  Minnesota Statutes 1996, section 260.193, 
  9.15  subdivision 4, is amended to read: 
  9.16     Subd. 4.  [ORIGINAL JURISDICTION; JUVENILE COURT.] The 
  9.17  juvenile court shall have original jurisdiction over: 
  9.18     (1) all juveniles age 15 and under alleged to have 
  9.19  committed any traffic offense; and 
  9.20     (2) 16- and 17-year-olds alleged to have committed any 
  9.21  major traffic offense, except that the adult court has original 
  9.22  jurisdiction over: 
  9.23     (i) petty traffic misdemeanors not a part of the same 
  9.24  behavioral incident of a misdemeanor an offense being handled in 
  9.25  juvenile court; and 
  9.26     (ii) misdemeanor- and gross misdemeanor-level moving 
  9.27  traffic violations not a part of the same behavioral incident of 
  9.28  an offense being handled in juvenile court; and 
  9.29     (iii) violations of sections 169.121 (drivers under the 
  9.30  influence of alcohol or controlled substance) and 169.129 
  9.31  (aggravated driving while intoxicated), and any other 
  9.32  misdemeanor or gross misdemeanor level traffic violations 
  9.33  committed as part of the same behavioral incident of a violation 
  9.34  of section 169.121 or 169.129. 
  9.35     Sec. 12.  Minnesota Statutes 1996, section 609.055, 
  9.36  subdivision 2, is amended to read: 
 10.1      Subd. 2.  [ADULT PROSECUTION.] (a) Except as otherwise 
 10.2   provided in paragraph (b), children of the age of 14 years or 
 10.3   over but under 18 years may be prosecuted for a felony offense 
 10.4   if the alleged violation is duly certified for prosecution under 
 10.5   the laws and court procedures controlling adult criminal 
 10.6   violations or may be designated an extended jurisdiction 
 10.7   juvenile in accordance with the provisions of chapter 260.  A 
 10.8   child who is 16 years of age or older but under 18 years of age 
 10.9   is capable of committing a crime and may be prosecuted for a 
 10.10  felony if: 
 10.11     (1) the child has been previously certified on a felony 
 10.12  charge pursuant to a hearing under section 260.125, subdivision 
 10.13  2, or pursuant to the waiver of the right to such a hearing, or 
 10.14  prosecuted pursuant to this subdivision; and 
 10.15     (2) the child was convicted of the felony offense or 
 10.16  offenses for which the child was prosecuted or of a lesser 
 10.17  included felony offense. 
 10.18     (b) A child who is alleged to have committed murder in the 
 10.19  first degree after becoming 16 years of age is capable of 
 10.20  committing a crime and may be prosecuted for the felony.  This 
 10.21  paragraph does not apply to a child alleged to have committed 
 10.22  attempted murder in the first degree after becoming 16 years of 
 10.23  age. 
 10.24     (c) A child who is alleged to have committed a 
 10.25  misdemeanor-level offense after becoming 16 years of age is 
 10.26  capable of committing a crime and may be prosecuted for the 
 10.27  misdemeanor. 
 10.28     Sec. 13.  Minnesota Statutes 1996, section 609.135, 
 10.29  subdivision 1, is amended to read: 
 10.30     Subdivision 1.  [TERMS AND CONDITIONS.] (a) As used in this 
 10.31  section, the following terms have the meanings given in this 
 10.32  paragraph: 
 10.33     (1) "sentence" means the dispositions authorized by 
 10.34  sections 609.10 and 609.125; 
 10.35     (2) "stay of execution of sentence" means that the sentence 
 10.36  for a defendant convicted of a crime is pronounced, but that 
 11.1   execution of the sentence is delayed to a future date on 
 11.2   condition that the defendant comply with the conditions 
 11.3   established by the court; and 
 11.4      (3) "stay of imposition of sentence" means that the 
 11.5   pronouncement of sentence for a defendant convicted of a crime 
 11.6   is delayed to a future date, on condition that the defendant 
 11.7   comply with the conditions established by the court. 
 11.8      (b) If a defendant receives a stay of imposition of 
 11.9   sentence under this section and is discharged from sentence due 
 11.10  to successful completion of the court's conditions, the status 
 11.11  of the defendant's conviction is governed by section 609.13. 
 11.12     (c) Except when a sentence of life imprisonment is required 
 11.13  by law, or when a mandatory minimum sentence is required by 
 11.14  section 609.11, any court may stay imposition or execution of 
 11.15  sentence and (a) (1) may order intermediate sanctions without 
 11.16  placing the defendant on probation, or (b) (2) may place the 
 11.17  defendant on probation with or without supervision and on the 
 11.18  terms the court prescribes, including intermediate sanctions 
 11.19  when practicable.  The court may order the supervision to be 
 11.20  under the probation officer of the court, or, if there is none 
 11.21  and the conviction is for a felony or gross misdemeanor, by the 
 11.22  commissioner of corrections, or in any case by some other 
 11.23  suitable and consenting person.  No intermediate sanction may be 
 11.24  ordered performed at a location that fails to observe applicable 
 11.25  requirements or standards of chapter 181A or 182, or any rule 
 11.26  promulgated under them.  For purposes of this subdivision, 
 11.27  subdivision 6, and section 609.14, the term "intermediate 
 11.28  sanctions" includes but is not limited to incarceration in a 
 11.29  local jail or workhouse, home detention, electronic monitoring, 
 11.30  intensive probation, sentencing to service, reporting to a day 
 11.31  reporting center, chemical dependency or mental health treatment 
 11.32  or counseling, restitution, fines, day-fines, community work 
 11.33  service, work in lieu of or to work off fines and, with the 
 11.34  victim's consent, work in lieu of or to work off restitution.  
 11.35     (d) A court may not stay the revocation of the driver's 
 11.36  license of a person convicted of violating the provisions of 
 12.1   section 169.121. 
 12.2      Sec. 14.  Minnesota Statutes 1996, section 609.487, 
 12.3   subdivision 3, is amended to read: 
 12.4      Subd. 3.  [FLEEING AN OFFICER.] Whoever by means of a motor 
 12.5   vehicle flees or attempts to flee a peace officer who is acting 
 12.6   in the lawful discharge of an official duty, and the perpetrator 
 12.7   knows or should reasonably know the same to be a peace 
 12.8   officer, may be sentenced to imprisonment for not more than one 
 12.9   year or to payment of a fine of not more than $3,000, or both.  
 12.10  Whoever violates this subdivision a second or subsequent time is 
 12.11  guilty of a felony and may be sentenced to imprisonment for not 
 12.12  more than one year and one day or to payment of a fine of not 
 12.13  more than $3,000, or both.  
 12.14     Sec. 15.  Minnesota Statutes 1996, section 609.487, 
 12.15  subdivision 4, is amended to read: 
 12.16     Subd. 4.  [FLEEING AN OFFICER; DEATH; BODILY INJURY.] 
 12.17  Whoever flees or attempts to flee by means of a motor vehicle a 
 12.18  peace officer who is acting in the lawful discharge of an 
 12.19  official duty, and the perpetrator knows or should reasonably 
 12.20  know the same to be a peace officer, and who in the course of 
 12.21  fleeing, in the course of committing an offense described in 
 12.22  subdivision 3, causes the death of a human being not 
 12.23  constituting murder or manslaughter or any bodily injury to any 
 12.24  person other than the perpetrator may be sentenced to 
 12.25  imprisonment as follows: 
 12.26     (a) If the course of fleeing conduct results in death, to 
 12.27  imprisonment for not more than ten years or to payment of a fine 
 12.28  of not more than $20,000, or both; or 
 12.29     (b) If the course of fleeing conduct results in great 
 12.30  bodily harm, to imprisonment for not more than seven years or to 
 12.31  payment of a fine of not more than $14,000, or both; or 
 12.32     (c) If the course of fleeing conduct results in substantial 
 12.33  bodily harm, to imprisonment for not more than five years or to 
 12.34  payment of a fine of not more than $10,000, or both.  
 12.35     Sec. 16.  Minnesota Statutes 1996, section 641.12, is 
 12.36  amended to read: 
 13.1      641.12 [COLLECTION OF BOARD BILLS.] 
 13.2      At the end of every month the sheriff of each county shall 
 13.3   render to the county auditor a statement showing: 
 13.4      (1) the name of each fugitive from justice, United States 
 13.5   prisoner, one prisoner committed from another county or one, and 
 13.6   prisoner committed by virtue of any city ordinance,; 
 13.7      (2) the amount due the county for board of each and from 
 13.8   whom,; and also of 
 13.9      (3) all amounts due for board of prisoners for the 
 13.10  preceding month.  
 13.11     The sheriff shall itemize and deduct from each amount due 
 13.12  all boarding fees charged under section 641.15, subdivision 1a, 
 13.13  that have been paid by the prisoner. 
 13.14     Sec. 17.  Minnesota Statutes 1996, section 641.13, is 
 13.15  amended to read: 
 13.16     641.13 [PRISONERS FROM OTHER COUNTIES, BOARDING FEES.] 
 13.17     When any prisoner is ordered confined in any county other 
 13.18  than that in which the offense was committed, the other county 
 13.19  shall keep the prisoner at the expense of the county sending the 
 13.20  prisoner, and.  The other county board of the county where the 
 13.21  prisoner is confined shall collect the following fees from the 
 13.22  sending county sending the prisoner, for board such an amount as:
 13.23     (1) the amount that is charged for local county prisoners 
 13.24  for each day, or fractional day, and, in addition thereto, the 
 13.25  county board of the other county shall collect from the county 
 13.26  sending the prisoners, sums as have been minus any boarding fees 
 13.27  charged under section 641.15, subdivision 1a, that have been 
 13.28  paid by the prisoner; 
 13.29     (2) amounts necessarily expended for clothing, bedding, and 
 13.30  medical aid for the prisoners.  In addition thereto the county 
 13.31  board of the other county may collect from the county sending 
 13.32  the prisoners such sum as; and 
 13.33     (3) any additional amounts that the county board may 
 13.34  determine charge for other expenses incurred by the other county 
 13.35  in providing jail facilities for the prisoners.  
 13.36     The county board of the sending county from which the 
 14.1   prisoners are sent, at its first session after their commitment, 
 14.2   shall authorize the county auditor to issue to the county 
 14.3   where they the prisoners are committed orders upon the county 
 14.4   treasurer for the maintenance of the prisoners while they remain 
 14.5   in such the jail.  
 14.6      Sec. 18.  Minnesota Statutes 1996, section 641.15, is 
 14.7   amended by adding a subdivision to read: 
 14.8      Subd. 1a.  [ROOM AND BOARD FEES.] A county board is 
 14.9   authorized to charge a room and board fee to prisoners who are 
 14.10  confined within the county's jail or workhouse.  The fee may be 
 14.11  charged to prisoners in pretrial detention and to prisoners 
 14.12  serving a criminal sentence.  The fee may not exceed $30 per day 
 14.13  and must be waived for prisoners who are indigent. 
 14.14     Sec. 19.  Minnesota Statutes 1996, section 643.29, 
 14.15  subdivision 1, is amended to read: 
 14.16     Subdivision 1.  ["GOOD CONDUCT" ALLOWANCE.] Any person 
 14.17  sentenced for a term to any county jail, workhouse, or 
 14.18  correctional work farm, whether the term is part of an executed 
 14.19  sentence or is imposed as a condition of probation, shall, when 
 14.20  sentenced to serve ten days or more, diminish the term of the 
 14.21  sentence one day for each two days served, commencing on the day 
 14.22  of arrival, during which the person has not violated any rule or 
 14.23  discipline of the place wherein the person is incarcerated and, 
 14.24  if required to labor, has labored with diligence and 
 14.25  fidelity.  This section does not apply to time served by a 
 14.26  sentenced offender on home detention or electronic monitoring. 
 14.27     Sec. 20.  [EFFECTIVE DATE.] 
 14.28     Sections 1 to 19 are effective August 1, 1997, and apply to 
 14.29  offenses committed on or after that date.