SF 1824

2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime; requiring revocation of a driver's 
  1.3             license for a person convicted of fleeing a peace 
  1.4             officer in a motor vehicle; providing that security 
  1.5             interests must be established by clear and convincing 
  1.6             evidence in forfeiture proceedings; amending Minnesota 
  1.7             Statutes 1994, section 609.487, by adding a 
  1.8             subdivision; proposing coding for new law in Minnesota 
  1.9             Statutes, chapters 171; and 609. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  [171.175] [REVOCATION; FLEEING PEACE OFFICER 
  1.12  OFFENSE.] 
  1.13     The commissioner shall revoke the driver's license of a 
  1.14  person upon receiving notification by the convicting court that 
  1.15  the person has violated section 609.487.  The commissioner shall 
  1.16  revoke the license as follows: 
  1.17     (1) for the first offense under section 609.487, 
  1.18  subdivision 3, for not less than one year; 
  1.19     (2) for the second offense or subsequent offenses under 
  1.20  section 609.487, subdivision 3, for not less than three years; 
  1.21     (3) for an offense under section 609.487, subdivision 4, 
  1.22  clause (a), for not less than ten years; 
  1.23     (4) for an offense under section 609.487, subdivision 4, 
  1.24  clause (b), for not less than seven years; and 
  1.25     (5) for an offense under section 609.487, subdivision 4, 
  1.26  clause (c), for not less than five years. 
  1.27     A limited license under section 171.30 may not be issued 
  2.1   for the first half of the revocation period specified in clauses 
  2.2   (1) to (5).  A limited license may only be issued for the second 
  2.3   half of the revocation period if recommended by the adjudicating 
  2.4   court. 
  2.5      Sec. 2.  Minnesota Statutes 1994, section 609.487, is 
  2.6   amended by adding a subdivision to read: 
  2.7      Subd. 6.  [REVOCATION; FLEEING PEACE OFFICER OFFENSE.] When 
  2.8   a person is convicted of violating this section, the court shall 
  2.9   notify the commissioner of public safety of the conviction and 
  2.10  whether the court recommends that a limited license under 
  2.11  section 171.30 be issued, and if so, under what conditions. 
  2.12     Sec. 3.  [609.5319] [FINANCIAL INSTITUTION SECURED 
  2.13  INTEREST.] 
  2.14     Property that is subject to a bona fide security interest, 
  2.15  based upon a loan or other financing arranged by a bank, credit 
  2.16  union, or any other financial institution, is subject to the 
  2.17  interest of the bank, credit union, or other financial 
  2.18  institution in any forfeiture proceeding that is based upon a 
  2.19  violation of any provision of chapter 609 or the commission of 
  2.20  any other criminal act.  The security interest must be 
  2.21  established by clear and convincing evidence. 
  2.22     Sec. 4.  [EFFECTIVE DATE.] 
  2.23     Sections 1 and 2 are effective August 1, 1996, and apply to 
  2.24  crimes committed on or after that date.