SF 1840

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes; prohibiting unauthorized use or 
  1.3             sale of electronic device that changes traffic signal; 
  1.4             imposing gross misdemeanor penalty; amending Minnesota 
  1.5             Statutes 2002, section 609.851, by adding a 
  1.6             subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 609.851, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 3.  [GROSS MISDEMEANOR; SIGNAL OVERRIDE.] (a) A 
  1.11  person is guilty of a gross misdemeanor if: 
  1.12     (1) the person uses, owns, or possesses an electronic 
  1.13  device designed to change a traffic signal and the person is not 
  1.14  authorized to use, own, or possess the device; or 
  1.15     (2) the person sells or distributes an electronic device 
  1.16  designed to change a traffic signal to a person whom the seller 
  1.17  or distributor knows or reasonably should know is not authorized 
  1.18  to use, own, or possess the device in Minnesota. 
  1.19     (b) A person is authorized to use, own, or possess an 
  1.20  electronic device designed to change a traffic signal only if: 
  1.21     (1) the electronic device is owned (i) by a road authority 
  1.22  or (ii) by a person who is an owner of an authorized emergency 
  1.23  vehicle; 
  1.24     (2) the electronic device is in the possession of the road 
  1.25  authority, an owner of an authorized emergency vehicle, or an 
  1.26  agent or employee designated by the road authority or owner as 
  2.1   authorized to possess and use the device under this subdivision; 
  2.2      (3) the electronic device is used by a road authority, by a 
  2.3   person authorized to operate an authorized emergency vehicle, or 
  2.4   by the appropriate, designated agent or employee; and 
  2.5      (4) the electronic device is used or operated (i) by a road 
  2.6   authority for traffic signal maintenance, testing, 
  2.7   demonstration, or installation purposes or (ii) from an 
  2.8   authorized emergency vehicle only while responding to an 
  2.9   emergency.  
  2.10  The limitations of this paragraph on ownership and possession do 
  2.11  not apply to a manufacturer, dealer, or carrier who temporarily 
  2.12  owns or possesses the device solely for resale or delivery to 
  2.13  another. 
  2.14     (c) For purposes of this subdivision: 
  2.15     (1) "authorized emergency vehicle" has the meaning given it 
  2.16  in section 169.01, subdivision 5; and 
  2.17     (2) "road authority" has the meaning given it in section 
  2.18  160.02.