SF 1959

as introduced - 87th Legislature (2011 - 2012) Posted on 02/21/2012 09:11am

A bill for an act
relating to public safety; traffic regulations; causing death or great bodily harm
by driving in an aggressive, inattentive, reckless, or careless manner; imposing
criminal penalties; proposing coding for new law in Minnesota Statutes, chapter
169.

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

Section 1.

new text begin [169.135] AGGRESSIVE, INATTENTIVE, RECKLESS, OR
CARELESS DRIVING RESULTING IN DEATH OR GREAT BODILY HARM.
new text end

new text begin Subdivision 1. new text end

new text begin Penalties for violation. new text end

new text begin A person is guilty of a gross misdemeanor
and may be sentenced to one year imprisonment, a $3,000 fine, or both if the person
causes death or great bodily harm to a human being or an unborn child, not constituting
murder, manslaughter, or criminal vehicular operation, as a result of driving, operating, or
halting a motor vehicle:
new text end

new text begin (1) in such a manner to indicate a willful or wanton disregard for the safety of
persons or property anywhere in the state;
new text end

new text begin (2) while racing any motor vehicle upon any street or highway of this state, including
willfully comparing or contesting relative speeds of motor vehicles, whether or not the
racing activity exceeds the maximum speed prescribed by law;
new text end

new text begin (3) carelessly or heedlessly upon any street or highway in disregard of the rights of
others, or in a manner that endangers or is likely to endanger any person or any property,
including the driver or passenger of the motor vehicle;
new text end

new text begin (4) while failing to restrict speed to the extent necessary to avoid colliding with any
person, vehicle, or other conveyance on or entering the street or highway in compliance
with legal requirements and the duty of all persons to use due care;
new text end

new text begin (5) while using a cellular telephone except in a voice-activated or other hands-free
mode;
new text end

new text begin (6) while using a wireless communications device to compose, read, or send an
electronic message when the motor vehicle is in motion or a part of traffic, except as
authorized under section 169.475, subdivision 3, clause (1), (3), (4), or (5); or
new text end

new text begin (7) while or after falling asleep when the motor vehicle is in motion or a part
of traffic.
new text end

new text begin Subd. 2. new text end

new text begin Multiple offenses. new text end

new text begin A person who violates this section within 20 years of a
prior conviction or adjudication under this section or section 609.21, subdivision 1, or 1a,
paragraph (a) or (b), is guilty of a felony and may be sentenced to imprisonment for not
more than ten years or a $20,000 fine, or both.
new text end

new text begin Subd. 3. new text end

new text begin Authority to prosecute for other crimes. new text end

new text begin Nothing in this section or
section 609.035 or 609.04 shall limit the power of the state to prosecute or punish a person
for conduct that constitutes any other crime under any other law of this state.
new text end

new text begin Subd. 4. new text end

new text begin Revocation upon conviction. new text end

new text begin Upon the conviction or adjudication of a
person for a violation of this section, the court shall order the commissioner of public
safety to revoke the person's driver's license or driving privilege to operate a motor vehicle
in this state for a period of not less than six months for a first violation, and not less than
two years for a second or subsequent violation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end