SF 2011

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; providing that whoever flees the 
  1.3             scene of an accident in which death or injury occurs 
  1.4             is guilty of criminal vehicular operation; prescribing 
  1.5             penalties; amending Minnesota Statutes 1994, sections 
  1.6             169.09, subdivision 14; and 609.21, subdivisions 1, 2, 
  1.7             2a, 3, and 4. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1994, section 169.09, 
  1.10  subdivision 14, is amended to read: 
  1.11     Subd. 14.  [PENALTIES.] (a) The driver of any vehicle who 
  1.12  violates subdivision 1 or 6 and who caused the accident is 
  1.13  punishable as follows:  
  1.14     (1) if the accident results in the death of any person, the 
  1.15  driver is guilty of a felony and may be sentenced to 
  1.16  imprisonment for not more than ten years, or to payment of a 
  1.17  fine of not more than $20,000, or both; 
  1.18     (2) if the accident results in great bodily harm to any 
  1.19  person, as defined in section 609.02, subdivision 8, the driver 
  1.20  is guilty of a felony and may be sentenced to imprisonment for 
  1.21  not more than five years, or to payment of a fine of not more 
  1.22  than $10,000, or both; or 
  1.23     (3) if the accident results in substantial bodily harm to 
  1.24  any person, as defined in section 609.02, subdivision 7a, the 
  1.25  driver is guilty of a felony and may be sentenced to 
  1.26  imprisonment for not more than three years, or to payment of a 
  2.1   fine of not more than $5,000, or both.  
  2.2      (b) The driver of any vehicle who violates subdivision 1 or 
  2.3   6 and who did not cause the accident is punishable as follows:  
  2.4      (1) if the accident results in the death of any person, the 
  2.5   driver is guilty of a felony and may be sentenced to 
  2.6   imprisonment for not more than three years, or to payment of a 
  2.7   fine of not more than $5,000, or both; 
  2.8      (2) if the accident results in great bodily harm to any 
  2.9   person, as defined in section 609.02, subdivision 8, the driver 
  2.10  is guilty of a felony and may be sentenced to imprisonment for 
  2.11  not more than two years, or to payment of a fine of not more 
  2.12  than $4,000, or both; or 
  2.13     (3) if the accident results in substantial bodily harm to 
  2.14  any person, as defined in section 609.02, subdivision 7a, the 
  2.15  driver may be sentenced to imprisonment for not more than one 
  2.16  year, or to payment of a fine of not more than $3,000, or both.  
  2.17     (c) (b) The driver of any vehicle involved in an accident 
  2.18  not resulting in substantial bodily harm or death who violates 
  2.19  subdivision 1 or 6 may be sentenced to imprisonment for not more 
  2.20  than one year, or to payment of a fine of not more than $3,000, 
  2.21  or both.  
  2.22     (d) (c) Any person who violates subdivision 2, 3, 4, 5, 7, 
  2.23  8, 10, 11, or 12 is guilty of a misdemeanor. 
  2.24     The attorney in the jurisdiction in which the violation 
  2.25  occurred who is responsible for prosecution of misdemeanor 
  2.26  violations of this section shall also be responsible for 
  2.27  prosecution of gross misdemeanor violations of this section. 
  2.28     Sec. 2.  Minnesota Statutes 1994, section 609.21, 
  2.29  subdivision 1, is amended to read: 
  2.30     Subdivision 1.  [CRIMINAL VEHICULAR HOMICIDE.] Whoever 
  2.31  causes the death of a human being not constituting murder or 
  2.32  manslaughter as a result of operating a motor vehicle, 
  2.33     (1) in a grossly negligent manner; 
  2.34     (2) in a negligent manner while under the influence of 
  2.35  alcohol, a controlled substance, or any combination of those 
  2.36  elements; 
  3.1      (3) while having an alcohol concentration of 0.10 or more; 
  3.2   or 
  3.3      (4) while having an alcohol concentration of 0.10 or more, 
  3.4   as measured within two hours of the time of driving,; or 
  3.5      (5) where the driver who causes the accident leaves the 
  3.6   scene of the accident in violation of section 169.09, 
  3.7   subdivision 1 or 6, 
  3.8   is guilty of criminal vehicular homicide resulting in death and 
  3.9   may be sentenced to imprisonment for not more than ten years or 
  3.10  to payment of a fine of not more than $20,000, or both. 
  3.11     Sec. 3.  Minnesota Statutes 1994, section 609.21, 
  3.12  subdivision 2, is amended to read: 
  3.13     Subd. 2.  [RESULTING IN GREAT BODILY HARM.] Whoever causes 
  3.14  great bodily harm to another, not constituting attempted murder 
  3.15  or assault, as a result of operating a motor vehicle, 
  3.16     (1) in a grossly negligent manner; 
  3.17     (2) in a negligent manner while under the influence of 
  3.18  alcohol, a controlled substance, or any combination of those 
  3.19  elements; 
  3.20     (3) while having an alcohol concentration of 0.10 or more; 
  3.21  or 
  3.22     (4) while having an alcohol concentration of 0.10 or more, 
  3.23  as measured within two hours of the time of driving,; or 
  3.24     (5) where the driver who causes the accident leaves the 
  3.25  scene of the accident in violation of section 169.09, 
  3.26  subdivision 1 or 6, 
  3.27  is guilty of criminal vehicular operation resulting in great 
  3.28  bodily harm and may be sentenced to imprisonment for not more 
  3.29  than five years or to payment of a fine of not more than 
  3.30  $10,000, or both. 
  3.31     Sec. 4.  Minnesota Statutes 1994, section 609.21, 
  3.32  subdivision 2a, is amended to read: 
  3.33     Subd. 2a.  [RESULTING IN SUBSTANTIAL BODILY HARM.] Whoever 
  3.34  causes substantial bodily harm to another, as a result of 
  3.35  operating a motor vehicle, 
  3.36     (1) in a grossly negligent manner; 
  4.1      (2) in a negligent manner while under the influence of 
  4.2   alcohol, a controlled substance, or any combination of those 
  4.3   elements; 
  4.4      (3) while having an alcohol concentration of 0.10 or more; 
  4.5   or 
  4.6      (4) while having an alcohol concentration of 0.10 or more, 
  4.7   as measured within two hours of the time of driving,; or 
  4.8      (5) where the driver who causes the accident leaves the 
  4.9   scene of the accident in violation of section 169.09, 
  4.10  subdivision 1 or 6, 
  4.11  is guilty of criminal vehicular operation resulting in 
  4.12  substantial bodily harm and may be sentenced to imprisonment for 
  4.13  not more than three years or to payment of a fine of not more 
  4.14  than $10,000, or both. 
  4.15     Sec. 5.  Minnesota Statutes 1994, section 609.21, 
  4.16  subdivision 3, is amended to read: 
  4.17     Subd. 3.  [RESULTING IN DEATH TO AN UNBORN CHILD.] Whoever 
  4.18  causes the death of an unborn child as a result of operating a 
  4.19  motor vehicle, 
  4.20     (1) in a grossly negligent manner; 
  4.21     (2) in a negligent manner while under the influence of 
  4.22  alcohol, a controlled substance, or any combination of those 
  4.23  elements; 
  4.24     (3) while having an alcohol concentration of 0.10 or more; 
  4.25  or 
  4.26     (4) while having an alcohol concentration of 0.10 or more, 
  4.27  as measured within two hours of the time of driving,; or 
  4.28     (5) where the driver who causes the accident leaves the 
  4.29  scene of the accident in violation of section 169.09, 
  4.30  subdivision 1 or 6, 
  4.31  is guilty of criminal vehicular operation resulting in death to 
  4.32  an unborn child and may be sentenced to imprisonment for not 
  4.33  more than ten years or to payment of a fine of not more than 
  4.34  $20,000, or both.  A prosecution for or conviction of a crime 
  4.35  under this subdivision is not a bar to conviction of or 
  4.36  punishment for any other crime committed by the defendant as 
  5.1   part of the same conduct. 
  5.2      Sec. 6.  Minnesota Statutes 1994, section 609.21, 
  5.3   subdivision 4, is amended to read: 
  5.4      Subd. 4.  [RESULTING IN INJURY TO UNBORN CHILD.] Whoever 
  5.5   causes great bodily harm to an unborn child who is subsequently 
  5.6   born alive, as a result of operating a motor vehicle, 
  5.7      (1) in a grossly negligent manner; 
  5.8      (2) in a negligent manner while under the influence of 
  5.9   alcohol, a controlled substance, or any combination of those 
  5.10  elements; 
  5.11     (3) while having an alcohol concentration of 0.10 or more; 
  5.12  or 
  5.13     (4) while having an alcohol concentration of 0.10 or more, 
  5.14  as measured within two hours of the time of driving,; or 
  5.15     (5) where the driver who causes the accident leaves the 
  5.16  scene of the accident in violation of section 169.09, 
  5.17  subdivision 1 or 6, 
  5.18  is guilty of criminal vehicular operation resulting in injury to 
  5.19  an unborn child and may be sentenced to imprisonment for not 
  5.20  more than five years or to payment of a fine of not more than 
  5.21  $10,000, or both.  A prosecution for or conviction of a crime 
  5.22  under this subdivision is not a bar to conviction of or 
  5.23  punishment for any other crime committed by the defendant as 
  5.24  part of the same conduct. 
  5.25     Sec. 7.  [EFFECTIVE DATE.] 
  5.26     Sections 1 to 6 are effective August 1, 1996, and apply to 
  5.27  crimes committed on or after that date.