SF 2192

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crime prevention; clarifying the 
  1.3             application of consecutive sentencing provisions to 
  1.4             impaired driving and driver's license offenses arising 
  1.5             out of a single course of conduct; adding 
  1.6             cross-references; amending Minnesota Statutes 1994, 
  1.7             sections 169.121, subdivisions 1c and 3; 169.791, by 
  1.8             adding a subdivision; 169.797, subdivision 4; and 
  1.9             629.471, subdivision 2; proposing coding for new law 
  1.10            in Minnesota Statutes, chapter 171. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:  
  1.12     Section 1.  Minnesota Statutes 1994, section 169.121, 
  1.13  subdivision 1c, is amended to read: 
  1.14     Subd. 1c.  [CONDITIONAL RELEASE.] Unless maximum bail is 
  1.15  imposed under section 629.471, subdivision 2, a person charged 
  1.16  with violating subdivision 1 within ten years of the first of 
  1.17  three prior impaired driving convictions or within the person's 
  1.18  lifetime after four or more prior impaired driving convictions 
  1.19  may be released from detention only if the following conditions 
  1.20  are imposed in addition to the other conditions of release 
  1.21  ordered by the court: 
  1.22     (1) the impoundment of the registration plates of the 
  1.23  vehicle used to commit the violation, unless already impounded; 
  1.24     (2) a requirement that the alleged violator report weekly 
  1.25  to a probation agent; 
  1.26     (3) a requirement that the alleged violator abstain from 
  1.27  consumption of alcohol and controlled substances and submit to 
  1.28  random, weekly alcohol tests or urine analyses; and 
  2.1      (4) a requirement that, if convicted, the alleged violator 
  2.2   reimburse the court or county for the total cost of these 
  2.3   services. 
  2.4      Sec. 2.  Minnesota Statutes 1994, section 169.121, 
  2.5   subdivision 3, is amended to read: 
  2.6      Subd. 3.  [CRIMINAL PENALTIES.] (a) As used in this 
  2.7   subdivision:  
  2.8      (1) "prior impaired driving conviction" means a prior 
  2.9   conviction under this section; section 84.91, subdivision 1, 
  2.10  paragraph (a); 86B.331, subdivision 1, paragraph (a); 169.129; 
  2.11  360.0752; 609.21, subdivision 1, clauses (2) to (4); 609.21, 
  2.12  subdivision 2, clauses (2) to (4); 609.21, subdivision 2a, 
  2.13  clauses (2) to (4); 609.21, subdivision 3, clauses (2) to (4); 
  2.14  609.21, subdivision 4, clauses (2) to (4); or an ordinance from 
  2.15  this state, or a statute or ordinance from another state in 
  2.16  conformity with any of them.  A prior impaired driving 
  2.17  conviction also includes a prior juvenile adjudication that 
  2.18  would have been a prior impaired driving conviction if committed 
  2.19  by an adult; and 
  2.20     (2) "prior license revocation" means a driver's license 
  2.21  suspension, revocation, or cancellation under this section; 
  2.22  section 169.123; 171.04; 171.14; 171.16; 171.17; or 171.18 
  2.23  because of an alcohol-related incident; 609.21, subdivision 1, 
  2.24  clauses (2) to (4); 609.21, subdivision 2, clauses (2) to (4); 
  2.25  609.21, subdivision 2a, clauses (2) to (4); 609.21, subdivision 
  2.26  3, clauses (2) to (4); or 609.21, subdivision 4, clauses (2) to 
  2.27  (4). 
  2.28     (b) A person who violates subdivision 1 or 1a, or an 
  2.29  ordinance in conformity with either of them, is guilty of a 
  2.30  misdemeanor. 
  2.31     (c) A person is guilty of a gross misdemeanor under any of 
  2.32  the following circumstances: 
  2.33     (1) the person violates subdivision 1 within five years of 
  2.34  a prior impaired driving conviction, or within ten years of the 
  2.35  first of two or more prior impaired driving convictions; 
  2.36     (2) the person violates subdivision 1a within five years of 
  3.1   a prior license revocation, or within ten years of the first of 
  3.2   two or more prior license revocations; 
  3.3      (3) the person violates section 169.26 while in violation 
  3.4   of subdivision 1; or 
  3.5      (4) the person violates subdivision 1 or 1a while a child 
  3.6   under the age of 16 is in the vehicle, if the child is more than 
  3.7   36 months younger than the violator. 
  3.8      (d) The attorney in the jurisdiction in which the violation 
  3.9   occurred who is responsible for prosecution of misdemeanor 
  3.10  violations of this section shall also be responsible for 
  3.11  prosecution of gross misdemeanor violations of this section. 
  3.12     (e) The court must impose consecutive sentences when it 
  3.13  sentences a person for a violation of this section or section 
  3.14  169.29 arising out of separate behavioral incidents.  The court 
  3.15  also must impose a consecutive sentence when it sentences a 
  3.16  person for a violation of this section or section 169.129 and 
  3.17  the person, at the time of sentencing, is on probation for, or 
  3.18  serving, an executed sentence for a violation of this section or 
  3.19  section 169.29 and the prior sentence involved a separate 
  3.20  behavioral incident.  The court also may order that the sentence 
  3.21  imposed for a violation of this section or section 169.29 shall 
  3.22  run consecutively to a previously imposed misdemeanor, gross 
  3.23  misdemeanor or felony sentence for a violation other than this 
  3.24  section or section 169.129. 
  3.25     (f) The court may impose consecutive sentences for offenses 
  3.26  arising out of a single course of conduct as permitted in 
  3.27  section 609.035, subdivision 2.  
  3.28     (g) When an attorney responsible for prosecuting gross 
  3.29  misdemeanors under this section requests criminal history 
  3.30  information relating to prior impaired driving convictions from 
  3.31  a court, the court must furnish the information without charge. 
  3.32     (g) (h) A violation of subdivision 1a may be prosecuted 
  3.33  either in the jurisdiction where the arresting officer observed 
  3.34  the defendant driving, operating, or in control of the motor 
  3.35  vehicle or in the jurisdiction where the refusal occurred. 
  3.36     Sec. 3.  Minnesota Statutes 1994, section 169.791, is 
  4.1   amended by adding a subdivision to read: 
  4.2      Subd. 5a.  [CONSECUTIVE SENTENCES.] The court may impose 
  4.3   consecutive sentences for offenses arising out of a single 
  4.4   course of conduct as permitted in section 609.035, subdivision 2.
  4.5      Sec. 4.  Minnesota Statutes 1994, section 169.797, 
  4.6   subdivision 4, is amended to read: 
  4.7      Subd. 4.  [PENALTY.] (a) A person who violates this section 
  4.8   is guilty of a misdemeanor.  A person is guilty of a gross 
  4.9   misdemeanor who violates this section within ten years of the 
  4.10  first of two prior convictions under this section, section 
  4.11  169.791, or a statute or ordinance in conformity with one of 
  4.12  those sections.  The operator of a vehicle who violates 
  4.13  subdivision 3 and who causes or contributes to causing a vehicle 
  4.14  accident that results in the death of any person or in 
  4.15  substantial bodily harm to any person, as defined in section 
  4.16  609.02, subdivision 7a, is guilty of a gross misdemeanor.  The 
  4.17  same prosecuting authority who is responsible for prosecuting 
  4.18  misdemeanor violations of this section is responsible for 
  4.19  prosecuting gross misdemeanor violations of this section.  In 
  4.20  addition to any sentence of imprisonment that the court may 
  4.21  impose on a person convicted of violating this section, the 
  4.22  court shall impose a fine of not less than $200 nor more than 
  4.23  the maximum amount authorized by law.  The court may allow 
  4.24  community service in lieu of any fine imposed if the defendant 
  4.25  is indigent. 
  4.26     (b) The court may impose consecutive sentences for offenses 
  4.27  arising out of a single course of conduct as permitted in 
  4.28  section 609.035, subdivision 2. 
  4.29     (c) In addition to the criminal penalty, the driver's 
  4.30  license of an operator convicted under this section shall be 
  4.31  revoked for not more than 12 months.  If the operator is also an 
  4.32  owner of the vehicle, the registration of the vehicle shall also 
  4.33  be revoked for not more than 12 months.  Before reinstatement of 
  4.34  a driver's license or registration, the operator shall file with 
  4.35  the commissioner of public safety the written certificate of an 
  4.36  insurance carrier authorized to do business in this state 
  5.1   stating that security has been provided by the operator as 
  5.2   required by section 65B.48. 
  5.3      (c) (d) The commissioner shall include a notice of the 
  5.4   penalties contained in this section on all forms for 
  5.5   registration of vehicles required to maintain a plan of 
  5.6   reparation security. 
  5.7      Sec. 5.  [171.302] [LICENSE VIOLATIONS; CONSECUTIVE 
  5.8   SENTENCING.] 
  5.9      When sentencing an offender for violating section 171.20, 
  5.10  subdivision 2; 171.24; or 171.30, the court may impose 
  5.11  consecutive sentences for offenses arising out of a single 
  5.12  course of conduct as permitted in section 609.035, subdivision 2.
  5.13     Sec. 6.  Minnesota Statutes 1994, section 629.471, 
  5.14  subdivision 2, is amended to read: 
  5.15     Subd. 2.  [QUADRUPLE THE FINE.] (a) For offenses under 
  5.16  sections 169.09, 169.121, 169.129, 171.24, paragraph (c), 
  5.17  609.2231, subdivision 2, 609.487, and 609.525, the maximum cash 
  5.18  bail that may be required for a person charged with a 
  5.19  misdemeanor or gross misdemeanor violation is quadruple the 
  5.20  highest cash fine that may be imposed for the offense.  
  5.21     (b) Unless the court imposes the conditions of release 
  5.22  specified in section 169.121, subdivision 1c, the court must 
  5.23  impose maximum bail when releasing a person from detention who 
  5.24  has been charged with violating section 169.121, subdivision 1, 
  5.25  if the person has three prior impaired driving convictions 
  5.26  within the previous ten years or four or more prior impaired 
  5.27  driving convictions in the person's lifetime.  As used in this 
  5.28  subdivision, "prior impaired driving conviction" has the meaning 
  5.29  given in section 169.121, subdivision 3.