SF 1977

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; establishing ignition interlock device pilot project
for repeat DWI offenders and providing a temporary exception to mandatory
sentencing law for offenders required to use these devices; amending Minnesota
Statutes 2006, section 169A.275, by adding a subdivision; proposing coding for
new law in Minnesota Statutes, chapter 171.

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

Section 1.

Minnesota Statutes 2006, section 169A.275, is amended by adding a
subdivision to read:

new text begin Subd. 7. new text end

new text begin Exception. new text end

new text begin (a) A judge is not required to sentence a person as provided
in this section if the judge requires the person as a condition of probation to drive only
motor vehicles equipped with an ignition interlock device meeting the standards described
in section 171.306.
new text end

new text begin (b) This subdivision expires July 1, 2009.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

new text begin [171.306] IGNITION INTERLOCK DEVICE PILOT PROJECT.
new text end

new text begin Subdivision 1. new text end

new text begin Pilot project established; reports. new text end

new text begin The commissioner shall
conduct a two-year ignition interlock device pilot project as provided in this section. The
commissioner shall select one metropolitan county and one rural county to participate in
the pilot project. The pilot project must begin on July 1, 2007, and continue until June 30,
2009. The commissioner shall submit a preliminary report by February 1, 2008, and a final
report by February 1, 2009, to the chairs and ranking minority members of the senate and
house of representatives committees having jurisdiction over criminal justice policy and
funding. The reports must evaluate the successes and failures of the pilot project, provide
information on participation rates, and make recommendations on continuing the project.
new text end

new text begin Subd. 2. new text end

new text begin Performance standards; certification. new text end

new text begin The commissioner shall determine
appropriate performance standards and a certification process for ignition interlock
devices for the pilot project. Only devices certified by the commissioner as meeting the
performance standards may be used in the pilot project.
new text end

new text begin Subd. 3. new text end

new text begin Pilot project components. new text end

new text begin (a) Under the pilot project, the commissioner
shall issue a driver's license for individuals whose drivers' licenses have been revoked
under chapter 169A for a repeat DWI-related offense if the person qualifies under this
section and agrees to all of the conditions of the project.
new text end

new text begin (b) The driver's license must be clearly labeled an ignition interlock restricted
license. The license must authorize the person to drive only vehicles having functioning
ignition interlock devices conforming with the requirements of subdivision 2. The license
must be valid for all legal driving activities.
new text end

new text begin (c) A person is eligible for a license under this section after (1) a 15-day waiting
period if the person has a qualified prior impaired driving incident, as defined in section
169A.03, subdivision 22; (2) a 30-day waiting period if the person has two qualified prior
impaired driving incidents and has not yet been required to demonstrate rehabilitation; or
(3) a 60-day waiting period if the person has two qualified prior impaired driving incidents
and has been required to demonstrate rehabilitation.
new text end

new text begin (d) The commissioner shall determine the appropriate period for which a person
is subject to this project and when the person is eligible to be issued a full nonignition
interlock restricted license.
new text end

new text begin (e) A person participating in this pilot project shall agree to participate in any
treatment recommended by a chemical use assessment.
new text end

new text begin (f) The commissioner shall determine guidelines for participation in the project.
A person participating in the project shall sign a written agreement accepting these
guidelines and agreeing to comply with them.
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