SF 2340

2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes; driving while intoxicated; 
  1.3             expanding the prohibitions of the driving while 
  1.4             intoxicated and criminal vehicular operation laws to 
  1.5             include persons who operate a motor vehicle or 
  1.6             airplane with the presence of any amount of certain 
  1.7             controlled substances in their bodies; providing a 
  1.8             defense for controlled substance use that complies 
  1.9             with a lawfully issued prescription; expanding 
  1.10            criminal vehicular operation law to include conduct 
  1.11            resulting in bodily harm and to recodify certain hit 
  1.12            and run crimes; requiring issuance of special 
  1.13            registration plates to certain nonviolator owners; 
  1.14            recodifying law providing penalties and license 
  1.15            suspension to youth under 21 who drive after drinking; 
  1.16            providing a longer waiting period before the issuance 
  1.17            of a limited license following DWI and certain other 
  1.18            offenses if the driver is under the age of 18 years; 
  1.19            clarifying the application of consecutive sentencing 
  1.20            provisions to impaired driving and driver's license 
  1.21            offenses arising out of a single course of conduct; 
  1.22            requiring the POST board to develop a plan to train 
  1.23            peace officers in drug recognition techniques; driving 
  1.24            while intoxicated; making clarifying technical 
  1.25            changes; prescribing penalties; appropriating money; 
  1.26            amending Minnesota Statutes 1994, sections 168.042, 
  1.27            subdivision 8, and by adding a subdivision; 169.01, by 
  1.28            adding subdivisions; 169.121, subdivisions 1, 1c, 2, 
  1.29            3, 4, 6, and 10a; 169.123, subdivisions 2, 2a, 3, 4, 
  1.30            and 6; 169.129; 169.791, by adding a subdivision; 
  1.31            169.797, subdivision 4; 171.30, by adding a 
  1.32            subdivision; 360.0752, subdivisions 1, 2, 5, 6, and 7; 
  1.33            360.0753, subdivisions 2, 3, and 6; 609.21; and 
  1.34            629.471, subdivision 2; Minnesota Statutes 1995 
  1.35            Supplement, sections 171.18, subdivision 1; and 
  1.36            340A.503, subdivision 1; proposing coding for new law 
  1.37            in Minnesota Statutes, chapters 169; and 171. 
  1.38  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.39     Section 1.  Minnesota Statutes 1994, section 168.042, 
  1.40  subdivision 8, is amended to read: 
  1.41     Subd. 8.  [REISSUANCE OF REGISTRATION PLATES.] (a) The 
  2.1   commissioner shall rescind the impoundment order of a person 
  2.2   subject to an order under this section, other than the violator, 
  2.3   if a: 
  2.4      (1) the violator had a valid driver's license on the date 
  2.5   of the violation and the person subject to an impoundment order 
  2.6   under this section, other than the violator, files with the 
  2.7   commissioner an acceptable sworn statement containing the 
  2.8   following information: 
  2.9      (1) (i) that the person is the registered owner of the 
  2.10  vehicle from which the plates have been impounded under this 
  2.11  section; 
  2.12     (2) (ii) that the person is the current owner and possessor 
  2.13  of the vehicle used in the violation; 
  2.14     (3) (iii) the date on which the violator obtained the 
  2.15  vehicle from the registered owner; 
  2.16     (4) (iv) the residence addresses of the registered owner 
  2.17  and the violator on the date the violator obtained the vehicle 
  2.18  from the registered owner; 
  2.19     (5) (v) that the person was not a passenger in the vehicle 
  2.20  at the time of the violation; and 
  2.21     (6) (vi) that the person knows that the violator may not 
  2.22  drive, operate, or be in physical control of a vehicle without a 
  2.23  valid driver's license; or 
  2.24     (2) the violator did not have a valid driver's license on 
  2.25  the date of the violation and the person made a report to law 
  2.26  enforcement before the violation stating that the vehicle had 
  2.27  been taken from the person's possession or was being used 
  2.28  without permission.  
  2.29     (b) The commissioner may not rescind the impoundment order 
  2.30  nor reissue registration plates to a registered owner if the 
  2.31  owner knew or had reason to know that the violator did not have 
  2.32  a valid driver's license on the date the violator obtained the 
  2.33  vehicle from the owner. A person who has failed to make a report 
  2.34  as provided in paragraph (a), clause (2), may be issued special 
  2.35  registration plates under subdivision 12 for a period of one 
  2.36  year from the effective date of the impoundment order.  At the 
  3.1   next registration renewal following this period, the person may 
  3.2   apply for regular registration plates. 
  3.3      (c) If the order is rescinded, the owner shall receive new 
  3.4   registration plates at no cost, if the plates were seized and 
  3.5   destroyed. 
  3.6      Sec. 2.  Minnesota Statutes 1994, section 168.042, is 
  3.7   amended by adding a subdivision to read: 
  3.8      Subd. 13a.  [ACQUIRING ANOTHER VEHICLE.] If during the 
  3.9   effective period of the plate impoundment the violator applies 
  3.10  to the commissioner for registration plates for any vehicle, the 
  3.11  commissioner shall not issue registration plates unless the 
  3.12  violator qualifies for special registration plates under 
  3.13  subdivision 12 and unless the plates issued are special plates 
  3.14  as described in subdivision 12. 
  3.15     Sec. 3.  Minnesota Statutes 1994, section 169.01, is 
  3.16  amended by adding a subdivision to read: 
  3.17     Subd. 82.  [CONTROLLED SUBSTANCE.] "Controlled substance" 
  3.18  has the meaning given in section 152.01, subdivision 4. 
  3.19     Sec. 4.  Minnesota Statutes 1994, section 169.01, is 
  3.20  amended by adding a subdivision to read: 
  3.21     Subd. 83.  [HAZARDOUS SUBSTANCE.] "Hazardous substance" 
  3.22  means any chemical or chemical compound that is listed as a 
  3.23  hazardous substance in rules adopted under chapter 182. 
  3.24     Sec. 5.  Minnesota Statutes 1994, section 169.121, 
  3.25  subdivision 1, is amended to read: 
  3.26     Subdivision 1.  [CRIME; ACTS PROHIBITED.] It is a crime for 
  3.27  any person to drive, operate, or be in physical control of any 
  3.28  motor vehicle within this state or upon the ice of any boundary 
  3.29  water of this state under any of the following circumstances: 
  3.30     (a) when the person is under the influence of alcohol; 
  3.31     (b) when the person is under the influence of a controlled 
  3.32  substance, as defined in section 152.01, subdivision 4; 
  3.33     (c) when the person is under the influence of a combination 
  3.34  of any two or more of the elements named in clauses (a), (b), 
  3.35  and (f); 
  3.36     (d) when the person's alcohol concentration is 0.10 or 
  4.1   more; 
  4.2      (e) when the person's alcohol concentration as measured 
  4.3   within two hours of the time of driving, operating, or being in 
  4.4   physical control of the motor vehicle is 0.10 or more; or 
  4.5      (f) when the person is knowingly under the influence of any 
  4.6   chemical compound or combination of chemical compounds that is 
  4.7   listed as a hazardous substance in rules adopted under section 
  4.8   182.655 and that affects the nervous system, brain, or muscles 
  4.9   of the person so as to substantially impair the person's ability 
  4.10  to drive or operate the motor vehicle; or 
  4.11     (g) when the person's body contains any amount of a 
  4.12  controlled substance listed in schedule I or II other than 
  4.13  marijuana or Tetrahydrocannabinols. 
  4.14     Sec. 6.  Minnesota Statutes 1994, section 169.121, 
  4.15  subdivision 1c, is amended to read: 
  4.16     Subd. 1c.  [CONDITIONAL RELEASE.] Unless maximum bail is 
  4.17  imposed under section 629.471, subdivision 2, a person charged 
  4.18  with violating subdivision 1 within ten years of the first of 
  4.19  three prior impaired driving convictions or within the person's 
  4.20  lifetime after four or more prior impaired driving convictions 
  4.21  may be released from detention only if the following conditions 
  4.22  are imposed in addition to the other conditions of release 
  4.23  ordered by the court: 
  4.24     (1) the impoundment of the registration plates of the 
  4.25  vehicle used to commit the violation, unless already impounded; 
  4.26     (2) a requirement that the alleged violator report weekly 
  4.27  to a probation agent; 
  4.28     (3) a requirement that the alleged violator abstain from 
  4.29  consumption of alcohol and controlled substances and submit to 
  4.30  random, weekly alcohol tests or urine analyses; and 
  4.31     (4) a requirement that, if convicted, the alleged violator 
  4.32  reimburse the court or county for the total cost of these 
  4.33  services. 
  4.34     Sec. 7.  Minnesota Statutes 1994, section 169.121, 
  4.35  subdivision 2, is amended to read: 
  4.36     Subd. 2.  [EVIDENCE.] (a) Upon the trial of any prosecution 
  5.1   arising out of acts alleged to have been committed by any person 
  5.2   arrested for driving, operating, or being in physical control of 
  5.3   a motor vehicle in violation of subdivision 1, the court may 
  5.4   admit evidence of the presence or amount of alcohol or a, 
  5.5   controlled substance substances, or hazardous substances in the 
  5.6   person's blood, breath, or urine as shown by an analysis of 
  5.7   those items. 
  5.8      (b) For the purposes of this subdivision, evidence that 
  5.9   there was at the time an alcohol concentration of 0.04 or more 
  5.10  is relevant evidence in indicating whether or not the person was 
  5.11  under the influence of alcohol. 
  5.12     (c) Evidence of the refusal to take a test is admissible 
  5.13  into evidence in a prosecution under this section or an 
  5.14  ordinance in conformity with it.  
  5.15     (d) If proven by a preponderance of the evidence, it shall 
  5.16  be an affirmative defense to a violation of subdivision 1, 
  5.17  clause (e), that the defendant consumed a sufficient quantity of 
  5.18  alcohol after the time of actual driving, operating, or physical 
  5.19  control of a motor vehicle and before the administration of the 
  5.20  evidentiary test to cause the defendant's alcohol concentration 
  5.21  to exceed 0.10.  Provided, that this evidence may not be 
  5.22  admitted unless notice is given to the prosecution prior to the 
  5.23  omnibus or pretrial hearing in the matter.  Evidence that the 
  5.24  defendant consumed alcohol after the time of actual driving, 
  5.25  operating, or being in physical control of a motor vehicle may 
  5.26  not be admitted in defense to any alleged violation of this 
  5.27  section unless notice is given to the prosecution prior to the 
  5.28  omnibus or pretrial hearing in the matter. 
  5.29     (e) If proven by a preponderance of the evidence, it shall 
  5.30  be an affirmative defense to a violation of subdivision 1, 
  5.31  clause (g), that the defendant used the controlled substance 
  5.32  according to the terms of a prescription issued for the 
  5.33  defendant in accordance with sections 152.11 and 152.12.  
  5.34     (f) The foregoing preceding provisions do not limit the 
  5.35  introduction of any other competent evidence bearing upon the 
  5.36  question of whether or not the person violated this section, 
  6.1   including tests obtained more than two hours after the alleged 
  6.2   violation and results obtained from partial tests on an infrared 
  6.3   breath-testing instrument.  A result from a partial test is the 
  6.4   measurement obtained by analyzing one adequate breath sample, as 
  6.5   defined in section 169.123, subdivision 2b, paragraph (b). 
  6.6      Sec. 8.  Minnesota Statutes 1994, section 169.121, 
  6.7   subdivision 3, is amended to read: 
  6.8      Subd. 3.  [CRIMINAL PENALTIES.] (a) As used in this 
  6.9   subdivision:  
  6.10     (1) "prior impaired driving conviction" means a prior 
  6.11  conviction under this section; section 84.91, subdivision 1, 
  6.12  paragraph (a); 86B.331, subdivision 1, paragraph (a); 169.129; 
  6.13  360.0752; 609.21, subdivision 1, clauses (2) to (4) (6); 609.21, 
  6.14  subdivision 2, clauses (2) to (4) (6); 609.21, subdivision 2a, 
  6.15  clauses (2) to (4) (6); subdivision 2b, clauses (2) to (6); 
  6.16  609.21, subdivision 3, clauses (2) to (4) (6); 609.21, 
  6.17  subdivision 4, clauses (2) to (4) (6); or an ordinance from this 
  6.18  state, or a statute or ordinance from another state in 
  6.19  conformity with any of them.  A prior impaired driving 
  6.20  conviction also includes a prior juvenile adjudication that 
  6.21  would have been a prior impaired driving conviction if committed 
  6.22  by an adult; and 
  6.23     (2) "prior license revocation" means a driver's license 
  6.24  suspension, revocation, or cancellation under this section; 
  6.25  section 169.123; 171.04; 171.14; 171.16; 171.17; or 171.18 
  6.26  because of an alcohol-related incident; 609.21, subdivision 1, 
  6.27  clauses (2) to (4) (6); 609.21, subdivision 2, clauses (2) 
  6.28  to (4) (6); 609.21, subdivision 2a, clauses (2) 
  6.29  to (4) (6); subdivision 2b, clauses (2) to (6); 609.21, 
  6.30  subdivision 3, clauses (2) to (4) (6); or 609.21, subdivision 4, 
  6.31  clauses (2) to (4) (6); or an ordinance from this state, or a 
  6.32  statute or ordinance from another state in conformity with any 
  6.33  of them. 
  6.34     (b) A person who violates subdivision 1 or 1a, or an 
  6.35  ordinance in conformity with either of them, is guilty of a 
  6.36  misdemeanor. 
  7.1      (c) A person is guilty of a gross misdemeanor under any of 
  7.2   the following circumstances: 
  7.3      (1) the person violates subdivision 1 within five years of 
  7.4   a prior impaired driving conviction, or within ten years of the 
  7.5   first of two or more prior impaired driving convictions; 
  7.6      (2) the person violates subdivision 1a within five years of 
  7.7   a prior license revocation, or within ten years of the first of 
  7.8   two or more prior license revocations; 
  7.9      (3) the person violates section 169.26 while in violation 
  7.10  of subdivision 1; or 
  7.11     (4) the person violates subdivision 1 or 1a while a child 
  7.12  under the age of 16 is in the vehicle, if the child is more than 
  7.13  36 months younger than the violator. 
  7.14     (d) The attorney in the jurisdiction in which the violation 
  7.15  occurred who is responsible for prosecution of misdemeanor 
  7.16  violations of this section shall also be responsible for 
  7.17  prosecution of gross misdemeanor violations of this section. 
  7.18     (e) The court must impose consecutive sentences when it 
  7.19  sentences a person for a violation of this section or section 
  7.20  169.29 169.129 arising out of separate behavioral incidents.  
  7.21  The court also must impose a consecutive sentence when it 
  7.22  sentences a person for a violation of this section or section 
  7.23  169.129 and the person, at the time of sentencing, is on 
  7.24  probation for, or serving, an executed sentence for a violation 
  7.25  of this section or section 169.29 169.129 and the prior sentence 
  7.26  involved a separate behavioral incident.  The court also may 
  7.27  order that the sentence imposed for a violation of this section 
  7.28  or section 169.29 169.129 shall run consecutively to a 
  7.29  previously imposed misdemeanor, gross misdemeanor or felony 
  7.30  sentence for a violation other than this section or section 
  7.31  169.129. 
  7.32     (f) The court may impose consecutive sentences for offenses 
  7.33  arising out of a single course of conduct as permitted in 
  7.34  section 609.035, subdivision 2.  
  7.35     (g) When an attorney responsible for prosecuting gross 
  7.36  misdemeanors under this section requests criminal history 
  8.1   information relating to prior impaired driving convictions from 
  8.2   a court, the court must furnish the information without charge. 
  8.3      (g) (h) A violation of subdivision 1a may be prosecuted 
  8.4   either in the jurisdiction where the arresting officer observed 
  8.5   the defendant driving, operating, or in control of the motor 
  8.6   vehicle or in the jurisdiction where the refusal occurred. 
  8.7      Sec. 9.  Minnesota Statutes 1994, section 169.121, 
  8.8   subdivision 4, is amended to read: 
  8.9      Subd. 4.  [ADMINISTRATIVE PENALTIES.] (a) The commissioner 
  8.10  of public safety shall revoke the driver's license of a person 
  8.11  convicted of violating this section or an ordinance in 
  8.12  conformity with it as follows:  
  8.13     (1) first for an offense under subdivision 1:  not less 
  8.14  than 30 days; 
  8.15     (2) first for an offense under subdivision 1a:  not less 
  8.16  than 90 days; 
  8.17     (3) second offense in less than five years, or third or 
  8.18  subsequent offense on the record for an offense occurring within 
  8.19  five years after a prior impaired driving conviction or a prior 
  8.20  license revocation, or any time after two or more prior impaired 
  8.21  driving convictions or prior license revocations:  (i) if the 
  8.22  current conviction is for a violation of subdivision 1, not less 
  8.23  than 180 days and until the court has certified that treatment 
  8.24  or rehabilitation has been successfully completed where 
  8.25  prescribed in accordance with section 169.126; or (ii) if the 
  8.26  current conviction is for a violation of subdivision 1a, not 
  8.27  less than one year and until the court has certified that 
  8.28  treatment or rehabilitation has been successfully completed 
  8.29  where prescribed in accordance with section 169.126; 
  8.30     (4) third offense in less than five years for an offense 
  8.31  occurring within five years after the first of two prior 
  8.32  impaired driving convictions or prior license revocations:  not 
  8.33  less than one year, together with denial under section 171.04, 
  8.34  subdivision 1, clause (8), until rehabilitation is established 
  8.35  in accordance with standards established by the commissioner; 
  8.36     (5) fourth or subsequent offense on the record for an 
  9.1   offense occurring any time after three or more prior impaired 
  9.2   driving convictions or prior license revocations:  not less than 
  9.3   two years, together with denial under section 171.04, 
  9.4   subdivision 1, clause (8), until rehabilitation is established 
  9.5   in accordance with standards established by the commissioner.  
  9.6      (b) If the person convicted of violating this section is 
  9.7   under the age of 21 years, the commissioner of public safety 
  9.8   shall revoke the offender's driver's license or operating 
  9.9   privileges for a period of six months or for the appropriate 
  9.10  period of time under paragraph (a), clauses (1) to (5), for the 
  9.11  offense committed, whichever is the greatest period.  
  9.12     (c) For purposes of this subdivision, a juvenile 
  9.13  adjudication under this section, section 169.129, an ordinance 
  9.14  in conformity with either of them, or a statute or ordinance 
  9.15  from another state in conformity with either of them is an 
  9.16  offense.  
  9.17     (d) Whenever department records show that the violation 
  9.18  involved personal injury or death to any person, not less than 
  9.19  90 additional days shall be added to the base periods provided 
  9.20  above.  
  9.21     (e) Except for a person whose license has been revoked 
  9.22  under paragraph (b), and except for a person who commits a 
  9.23  violation described in subdivision 3, paragraph (c), clause (4), 
  9.24  (child endangerment), any person whose license has been revoked 
  9.25  pursuant to section 169.123 as the result of the same incident, 
  9.26  and who does not have a prior impaired driving conviction or 
  9.27  prior license revocation as defined in subdivision 3 within the 
  9.28  previous ten years, is subject to the mandatory revocation 
  9.29  provisions of paragraph (a), clause (1) or (2), in lieu of the 
  9.30  mandatory revocation provisions of section 169.123. 
  9.31     (f) As used in this subdivision, the terms "prior impaired 
  9.32  driving conviction" and "prior license revocation" have the 
  9.33  meanings given in subdivision 3, paragraph (a). 
  9.34     Sec. 10.  Minnesota Statutes 1994, section 169.121, 
  9.35  subdivision 6, is amended to read: 
  9.36     Subd. 6.  [PRELIMINARY SCREENING TEST.] (a) When a peace 
 10.1   officer has reason to believe from the manner in which a person 
 10.2   is driving, operating, controlling, or acting upon departure 
 10.3   from a motor vehicle, or has driven, operated, or controlled a 
 10.4   motor vehicle, that the driver may be violating or has violated 
 10.5   subdivision 1 or section 169.1211, the officer may require the 
 10.6   driver to provide a sample of the driver's breath for a 
 10.7   preliminary screening test using a device approved by the 
 10.8   commissioner of public safety for this purpose. 
 10.9      (b) The results of this preliminary screening test shall be 
 10.10  used for the purpose of deciding whether an arrest should be 
 10.11  made and whether to require the tests authorized in section 
 10.12  169.123, but shall not be used in any court action except (1) to 
 10.13  prove that a test was properly required of a person pursuant to 
 10.14  section 169.123, subdivision 2; (2) in a civil action arising 
 10.15  out of the operation or use of the motor vehicle; (3) in an 
 10.16  action for license reinstatement under section 171.19; or (4) in 
 10.17  a prosecution or juvenile court proceeding concerning a 
 10.18  violation of section 340A.503, subdivision 1, paragraph (a), 
 10.19  clause (2). 
 10.20     (c) Following the screening test additional tests may be 
 10.21  required of the driver pursuant to the provisions of section 
 10.22  169.123. 
 10.23     (d) The driver who refuses to furnish a sample of the 
 10.24  driver's breath is subject to the provisions of section 169.123 
 10.25  unless, in compliance with section 169.123, the driver submits 
 10.26  to a blood, breath or urine test to determine the presence or 
 10.27  amount of alcohol or a, controlled substance substances, or 
 10.28  hazardous substances.  
 10.29     Sec. 11.  Minnesota Statutes 1994, section 169.121, 
 10.30  subdivision 10a, is amended to read: 
 10.31     Subd. 10a.  [CIVIL ACTION; PUNITIVE DAMAGES.] In a civil 
 10.32  action involving a motor vehicle accident, it is sufficient for 
 10.33  the trier of fact to consider an award of punitive damages if 
 10.34  there is evidence that the accident was caused by a driver: 
 10.35     (1) with a blood an alcohol concentration of .10 or more,; 
 10.36     (2) who was under the influence of a controlled substance, 
 11.1   or; 
 11.2      (3) who was under the influence of alcohol and refused to 
 11.3   take a test required under section 169.123, subdivision 2, is 
 11.4   sufficient for the trier of fact to consider an award of 
 11.5   punitive damages; or 
 11.6      (4) who was knowingly under the influence of a hazardous 
 11.7   substance that substantially affects the person's nervous 
 11.8   system, brain, or muscles so as to impair the person's ability 
 11.9   to drive or operate a motor vehicle. 
 11.10     A criminal charge or conviction is not a prerequisite to 
 11.11  consideration of punitive damages under this subdivision.  At 
 11.12  the trial in an action where the trier of fact will consider an 
 11.13  award of punitive damages, evidence that the driver has been 
 11.14  convicted of violating this section, section 169.129, or 609.21 
 11.15  is admissible into evidence. 
 11.16     Sec. 12.  [169.1218] [UNDERAGE DRINKING AND DRIVING.] 
 11.17     (a) It is a misdemeanor for a person under the age of 21 
 11.18  years to drive or operate a motor vehicle while consuming 
 11.19  alcoholic beverages, or after having consumed alcoholic 
 11.20  beverages while there is physical evidence of the consumption 
 11.21  present in the person's body. 
 11.22     (b) When a person is found to have committed an offense 
 11.23  under paragraph (a), the court shall notify the commissioner of 
 11.24  public safety of its determination.  Upon receipt of the court's 
 11.25  determination, the commissioner shall suspend the person's 
 11.26  driver's license or operating privileges for 30 days, or for 180 
 11.27  days if the person has previously been found to have violated 
 11.28  paragraph (a) or a statute or ordinance in conformity with 
 11.29  paragraph (a). 
 11.30     (c) If the person's conduct violates section 169.121, 
 11.31  subdivision 1, or 169.1211, the penalties and license sanctions 
 11.32  in those laws apply instead of the license sanction in paragraph 
 11.33  (b). 
 11.34     (d) An offense under paragraph (a) may be prosecuted either 
 11.35  in the jurisdiction where consumption occurs or the jurisdiction 
 11.36  where evidence of consumption is observed. 
 12.1      Sec. 13.  Minnesota Statutes 1994, section 169.123, 
 12.2   subdivision 2, is amended to read: 
 12.3      Subd. 2.  [IMPLIED CONSENT; CONDITIONS; ELECTION OF TEST.] 
 12.4   (a) Any person who drives, operates, or is in physical control 
 12.5   of a motor vehicle within this state or upon the ice of any 
 12.6   boundary water of this state consents, subject to the provisions 
 12.7   of this section and sections 169.121 and 169.1211, to a chemical 
 12.8   test of that person's blood, breath, or urine for the purpose of 
 12.9   determining the presence of alcohol or a, controlled substance 
 12.10  substances, or hazardous substances.  The test shall be 
 12.11  administered at the direction of a peace officer.  The test may 
 12.12  be required of a person when an officer has probable cause to 
 12.13  believe the person was driving, operating, or in physical 
 12.14  control of a motor vehicle in violation of section 169.121 and 
 12.15  one of the following conditions exist: 
 12.16     (1) the person has been lawfully placed under arrest for 
 12.17  violation of section 169.121, or an ordinance in conformity with 
 12.18  it; 
 12.19     (2) the person has been involved in a motor vehicle 
 12.20  accident or collision resulting in property damage, personal 
 12.21  injury, or death; 
 12.22     (3) the person has refused to take the screening test 
 12.23  provided for by section 169.121, subdivision 6; or 
 12.24     (4) the screening test was administered and indicated an 
 12.25  alcohol concentration of 0.10 or more.  
 12.26     The test may also be required of a person when an officer 
 12.27  has probable cause to believe the person was driving, operating, 
 12.28  or in physical control of a commercial motor vehicle with the 
 12.29  presence of any alcohol. 
 12.30     (b) At the time a test is requested, the person shall be 
 12.31  informed: 
 12.32     (1) that Minnesota law requires the person to take a test: 
 12.33  (i) to determine if the person is under the influence of alcohol 
 12.34  or, controlled substances, or hazardous substances; (ii) to 
 12.35  determine the presence of a controlled substance or, listed in 
 12.36  schedule I or II, other than marijuana or Tetrahydrocannabinols; 
 13.1   and (iii) if the motor vehicle was a commercial motor 
 13.2   vehicle, that Minnesota law requires the person to take a test 
 13.3   to determine the presence of alcohol; 
 13.4      (2) that refusal to take a test is a crime; 
 13.5      (3) if the peace officer has probable cause to believe the 
 13.6   person has violated the criminal vehicular homicide and injury 
 13.7   laws, that a test will be taken with or without the person's 
 13.8   consent; and 
 13.9      (4) that the person has the right to consult with an 
 13.10  attorney, but that this right is limited to the extent that it 
 13.11  cannot unreasonably delay administration of the test. 
 13.12     (c) The peace officer who requires a test pursuant to this 
 13.13  subdivision may direct whether the test shall be of blood, 
 13.14  breath, or urine.  Action may be taken against a person who 
 13.15  refuses to take a blood test only if an alternative test was 
 13.16  offered and action may be taken against a person who refuses to 
 13.17  take a urine test only if an alternative test was offered. 
 13.18     Sec. 14.  Minnesota Statutes 1994, section 169.123, 
 13.19  subdivision 2a, is amended to read: 
 13.20     Subd. 2a.  [REQUIREMENT OF URINE OR BLOOD TEST.] 
 13.21  Notwithstanding subdivision 2, a blood or urine test may be 
 13.22  required even after a breath test has been administered if there 
 13.23  is probable cause to believe that:  (1) there is impairment by a 
 13.24  controlled substance or hazardous substance that is not subject 
 13.25  to testing by a breath test; or (2) a controlled substance that 
 13.26  is not subject to testing by a breath test, a urine or blood 
 13.27  test may be required even after a breath test has been 
 13.28  administered listed in schedule I or II, other than marijuana or 
 13.29  Tetrahydrocannabinols, is present in the person's body.  Action 
 13.30  may be taken against a person who refuses to take a blood test 
 13.31  under this subdivision only if a urine test was offered and 
 13.32  action may be taken against a person who refuses to take a urine 
 13.33  test only if a blood test was offered. 
 13.34     Sec. 15.  Minnesota Statutes 1994, section 169.123, 
 13.35  subdivision 3, is amended to read: 
 13.36     Subd. 3.  [MANNER OF MAKING TEST; ADDITIONAL TESTS.] (a) 
 14.1   Only a physician, medical technician, physician's trained mobile 
 14.2   intensive care paramedic, registered nurse, medical technologist 
 14.3   or laboratory assistant acting at the request of a peace officer 
 14.4   may withdraw blood for the purpose of determining the presence 
 14.5   of alcohol or, controlled substance substances, or hazardous 
 14.6   substances.  This limitation does not apply to the taking of a 
 14.7   breath or urine sample.  The person tested has the right to have 
 14.8   someone of the person's own choosing administer a chemical test 
 14.9   or tests in addition to any administered at the direction of a 
 14.10  peace officer; provided, that the additional test sample on 
 14.11  behalf of the person is obtained at the place where the person 
 14.12  is in custody, after the test administered at the direction of a 
 14.13  peace officer, and at no expense to the state. 
 14.14     (b) The failure or inability to obtain an additional test 
 14.15  or tests by a person shall not preclude the admission in 
 14.16  evidence of the test taken at the direction of a peace officer 
 14.17  unless the additional test was prevented or denied by the peace 
 14.18  officer. 
 14.19     (c) The physician, medical technician, physician's trained 
 14.20  mobile intensive care paramedic, medical technologist, 
 14.21  laboratory assistant or registered nurse drawing blood at the 
 14.22  request of a peace officer for the purpose of 
 14.23  determining alcohol the concentration of alcohol, controlled 
 14.24  substances, or hazardous substances shall in no manner be liable 
 14.25  in any civil or criminal action except for negligence in drawing 
 14.26  the blood.  The person administering a breath test shall be 
 14.27  fully trained in the administration of breath tests pursuant to 
 14.28  training given by the commissioner of public safety. 
 14.29     Sec. 16.  Minnesota Statutes 1994, section 169.123, 
 14.30  subdivision 4, is amended to read: 
 14.31     Subd. 4.  [REFUSAL; REVOCATION OF LICENSE.] (a) If a person 
 14.32  refuses to permit a test, none shall be given, but the peace 
 14.33  officer shall report the refusal to the commissioner of public 
 14.34  safety and the authority having responsibility for prosecution 
 14.35  of misdemeanor offenses for the jurisdiction in which the acts 
 14.36  occurred.  However, if a peace officer has probable cause to 
 15.1   believe that the person has violated section 609.21, a test may 
 15.2   be required and obtained despite the person's refusal.  A 
 15.3   refusal to submit to an alcohol concentration test does not 
 15.4   constitute a violation of section 609.50, unless the refusal was 
 15.5   accompanied by force or violence or the threat of force or 
 15.6   violence.  
 15.7      (b) If a person submits to a test and the test results 
 15.8   indicate an alcohol concentration of 0.10 or more or the 
 15.9   presence of a controlled substance listed in schedule I or II, 
 15.10  other than marijuana or Tetrahydrocannabinols, or if a person 
 15.11  was driving, operating, or in physical control of a commercial 
 15.12  motor vehicle and the test results indicate an alcohol 
 15.13  concentration of 0.04 or more, the results of the test shall be 
 15.14  reported to the commissioner of public safety and to the 
 15.15  authority having responsibility for prosecution of misdemeanor 
 15.16  offenses for the jurisdiction in which the acts occurred. 
 15.17     (c) Upon certification by the peace officer that there 
 15.18  existed probable cause to believe the person had been driving, 
 15.19  operating, or in physical control of a motor vehicle while under 
 15.20  the influence of alcohol or a controlled substance in violation 
 15.21  of section 169.121 and that the person refused to submit to a 
 15.22  test, the commissioner of public safety shall revoke the 
 15.23  person's license or permit to drive, or nonresident operating 
 15.24  privilege, for a period of one year even if a test was obtained 
 15.25  pursuant to this section after the person refused to submit to 
 15.26  testing.  
 15.27     (d) Upon certification by the peace officer that there 
 15.28  existed probable cause to believe the person had been driving, 
 15.29  operating, or in physical control of a commercial motor vehicle 
 15.30  with the presence of any alcohol in violation of section 169.121 
 15.31  or 169.1211, and that the person refused to submit to a test, 
 15.32  the commissioner shall disqualify the person from operating a 
 15.33  commercial motor vehicle for a period of one year under section 
 15.34  171.165 and shall revoke the person's license or permit to drive 
 15.35  or nonresident operating privilege for a period of one year.  
 15.36     (e) Upon certification by the peace officer that there 
 16.1   existed probable cause to believe the person had been driving, 
 16.2   operating or in physical control of a motor vehicle while under 
 16.3   the influence of alcohol or a controlled substance in violation 
 16.4   of section 169.121 and that the person submitted to a test and 
 16.5   the test results indicate an alcohol concentration of 0.10 or 
 16.6   more or the presence of a controlled substance listed in 
 16.7   schedule I or II, other than marijuana or Tetrahydrocannabinols, 
 16.8   the commissioner of public safety shall revoke the person's 
 16.9   license or permit to drive, or nonresident operating privilege, 
 16.10     (1) for:  (1) a period of 90 days; or 
 16.11     (2) if the person is under the age of 21 years, for a 
 16.12  period of six months; or 
 16.13     (3) if the person's driver's license or driving privileges 
 16.14  have been revoked for a person with a prior impaired driving 
 16.15  conviction or prior license revocation within the past five 
 16.16  years under this section or section 169.121, for a period of 180 
 16.17  days.  
 16.18     (f) On certification by the peace officer that there 
 16.19  existed probable cause to believe the person had been driving, 
 16.20  operating, or in physical control of a commercial motor vehicle 
 16.21  with any presence of alcohol and that the person submitted to a 
 16.22  test and the test results indicated an alcohol concentration of 
 16.23  0.04 or more, the commissioner of public safety shall disqualify 
 16.24  the person from operating a commercial motor vehicle under 
 16.25  section 171.165.  
 16.26     (g) If the person is a resident without a license or permit 
 16.27  to operate a motor vehicle in this state, the commissioner of 
 16.28  public safety shall deny to the person the issuance of a license 
 16.29  or permit for the same period after the date of the alleged 
 16.30  violation as provided herein for revocation, subject to review 
 16.31  as hereinafter provided. 
 16.32     (h) As used in this subdivision, the terms "prior impaired 
 16.33  driving conviction" and "prior license revocation" have the 
 16.34  meanings given in section 169.121, subdivision 3, paragraph (a). 
 16.35     Sec. 17.  Minnesota Statutes 1994, section 169.123, 
 16.36  subdivision 6, is amended to read: 
 17.1      Subd. 6.  [HEARING.] (a) A hearing under this section shall 
 17.2   be before a municipal or county district judge, in any county in 
 17.3   the judicial district where the alleged offense occurred.  The 
 17.4   hearing shall be to the court and may be conducted at the same 
 17.5   time and in the same manner as hearings upon pretrial motions in 
 17.6   the criminal prosecution under section 169.121, if any.  The 
 17.7   hearing shall be recorded.  The commissioner of public safety 
 17.8   shall appear and be represented by the attorney general or 
 17.9   through the prosecuting authority for the jurisdiction involved. 
 17.10  The hearing shall be held at the earliest practicable date, and 
 17.11  in any event no later than 60 days following the filing of the 
 17.12  petition for review.  The judicial district administrator shall 
 17.13  establish procedures to ensure efficient compliance with the 
 17.14  provisions of this subdivision.  To accomplish this, the 
 17.15  administrator may, whenever possible, consolidate and transfer 
 17.16  review hearings among the county courts within the judicial 
 17.17  district.  
 17.18     (b) The scope of the hearing shall be limited to the issues 
 17.19  of in clauses (1) to (9): 
 17.20     (1) whether Did the peace officer had have probable cause 
 17.21  to believe the person was driving, operating, or in physical 
 17.22  control of: 
 17.23     (i) a motor vehicle while under the influence of alcohol or 
 17.24  a controlled substance, in violation of section 169.121; or 
 17.25     (ii) a commercial motor vehicle with any presence of 
 17.26  alcohol, and whether in violation of section 169.1211? 
 17.27     (2) Was the person was lawfully placed under arrest for 
 17.28  violation of section 169.121 or 169.1211, or? 
 17.29     (3) Was the person was involved in a motor vehicle accident 
 17.30  or collision resulting in property damage, personal injury or 
 17.31  death, or? 
 17.32     (4) Did the person refused refuse to take a screening test 
 17.33  provided for by section 169.121, subdivision 6, or? 
 17.34     (5) If the screening test was administered and recorded, 
 17.35  did the test indicate an alcohol concentration of 0.10 or more; 
 17.36  and? 
 18.1      (2) whether (6) At the time of the request for the test, 
 18.2   did the peace officer informed inform the person of the person's 
 18.3   rights and the consequences of taking or refusing the test as 
 18.4   required by subdivision 2; and? 
 18.5      (3) either (a) whether (7) Did the person refused refuse to 
 18.6   permit the test, or (b) whether? 
 18.7      (8) If a test was taken and: 
 18.8      (i) by a person driving, operating, or in physical control 
 18.9   of a motor vehicle, did the test results indicated indicate an 
 18.10  alcohol concentration of 0.10 or more at the time of testing, or 
 18.11  the presence of a controlled substance listed in schedule I or 
 18.12  II, other than marijuana or Tetrahydrocannabinols; or if a test 
 18.13  was taken 
 18.14     (ii) by a person driving, operating, or in physical control 
 18.15  of a commercial motor vehicle and, did the test results 
 18.16  indicated indicate an alcohol concentration of 0.04 or more at 
 18.17  the time of testing; whether? 
 18.18     (9) Was the testing method used was valid and reliable; and 
 18.19  whether were the test results were accurately evaluated.? 
 18.20     (c) It shall be an affirmative defense for the petitioner 
 18.21  to prove that, at the time of the refusal, the petitioner's 
 18.22  refusal to permit the test was based upon reasonable grounds. 
 18.23     (d) Certified or otherwise authenticated copies of 
 18.24  laboratory or medical personnel reports, records, documents, 
 18.25  licenses and certificates shall be admissible as substantive 
 18.26  evidence.  
 18.27     (e) The court shall order that the revocation or 
 18.28  disqualification be either rescinded or sustained and forward 
 18.29  the order to the commissioner of public safety.  The court shall 
 18.30  file its order within 14 days following the hearing.  If the 
 18.31  revocation or disqualification is sustained, the court shall 
 18.32  also forward the person's driver's license or permit to the 
 18.33  commissioner of public safety for further action by the 
 18.34  commissioner of public safety if the license or permit is not 
 18.35  already in the commissioner's possession. 
 18.36     Sec. 18.  Minnesota Statutes 1994, section 169.129, is 
 19.1   amended to read: 
 19.2      169.129 [AGGRAVATED VIOLATIONS; PENALTY.] 
 19.3      Any person is guilty of a gross misdemeanor who drives, 
 19.4   operates, or is in physical control of a motor vehicle, the 
 19.5   operation of which requires a driver's license, within this 
 19.6   state or upon the ice of any boundary water of this state in 
 19.7   violation of section 169.121 or an ordinance in conformity with 
 19.8   it before the person's driver's license or driver's privilege 
 19.9   has been reinstated following its cancellation, suspension, 
 19.10  revocation, or denial under any of the following:  section 
 19.11  169.121, 169.1211, or 169.123; section 171.04, 171.14, 171.16, 
 19.12  171.17, or 171.18 because of an alcohol-related incident; 
 19.13  section 609.21, subdivision 1, clauses (2) to (4) (6); 609.21, 
 19.14  subdivision 2, clauses (2) to (4) (6); 609.21, subdivision 2a, 
 19.15  clauses (2) to (4) (6); subdivision 2b, clauses (2) to (6); 
 19.16  609.21, subdivision 3, clauses (2) to (4) (6); or 609.21, 
 19.17  subdivision 4, clauses (2) to (4) (6).  
 19.18     The attorney in the jurisdiction in which the violation of 
 19.19  this section occurred who is responsible for prosecution of 
 19.20  misdemeanor violations of section 169.121 shall also be 
 19.21  responsible for prosecution of violations of this section. 
 19.22     Sec. 19.  Minnesota Statutes 1994, section 169.791, is 
 19.23  amended by adding a subdivision to read: 
 19.24     Subd. 5a.  [CONSECUTIVE SENTENCES.] The court may impose 
 19.25  consecutive sentences for offenses arising out of a single 
 19.26  course of conduct as permitted in section 609.035, subdivision 2.
 19.27     Sec. 20.  Minnesota Statutes 1994, section 169.797, 
 19.28  subdivision 4, is amended to read: 
 19.29     Subd. 4.  [PENALTY.] (a) A person who violates this section 
 19.30  is guilty of a misdemeanor.  A person is guilty of a gross 
 19.31  misdemeanor who violates this section within ten years of the 
 19.32  first of two prior convictions under this section, section 
 19.33  169.791, or a statute or ordinance in conformity with one of 
 19.34  those sections.  The operator of a vehicle who violates 
 19.35  subdivision 3 and who causes or contributes to causing a vehicle 
 19.36  accident that results in the death of any person or in 
 20.1   substantial bodily harm to any person, as defined in section 
 20.2   609.02, subdivision 7a, is guilty of a gross misdemeanor.  The 
 20.3   same prosecuting authority who is responsible for prosecuting 
 20.4   misdemeanor violations of this section is responsible for 
 20.5   prosecuting gross misdemeanor violations of this section.  In 
 20.6   addition to any sentence of imprisonment that the court may 
 20.7   impose on a person convicted of violating this section, the 
 20.8   court shall impose a fine of not less than $200 nor more than 
 20.9   the maximum amount authorized by law.  The court may allow 
 20.10  community service in lieu of any fine imposed if the defendant 
 20.11  is indigent. 
 20.12     (b) The court may impose consecutive sentences for offenses 
 20.13  arising out of a single course of conduct as permitted in 
 20.14  section 609.035, subdivision 2. 
 20.15     (c) In addition to the criminal penalty, the driver's 
 20.16  license of an operator convicted under this section shall be 
 20.17  revoked for not more than 12 months.  If the operator is also an 
 20.18  owner of the vehicle, the registration of the vehicle shall also 
 20.19  be revoked for not more than 12 months.  Before reinstatement of 
 20.20  a driver's license or registration, the operator shall file with 
 20.21  the commissioner of public safety the written certificate of an 
 20.22  insurance carrier authorized to do business in this state 
 20.23  stating that security has been provided by the operator as 
 20.24  required by section 65B.48. 
 20.25     (c) (d) The commissioner shall include a notice of the 
 20.26  penalties contained in this section on all forms for 
 20.27  registration of vehicles required to maintain a plan of 
 20.28  reparation security. 
 20.29     Sec. 21.  Minnesota Statutes 1995 Supplement, section 
 20.30  171.18, subdivision 1, is amended to read: 
 20.31     Subdivision 1.  [OFFENSES.] The commissioner may suspend 
 20.32  the license of a driver without preliminary hearing upon a 
 20.33  showing by department records or other sufficient evidence that 
 20.34  the licensee: 
 20.35     (1) has committed an offense for which mandatory revocation 
 20.36  of license is required upon conviction; 
 21.1      (2) has been convicted by a court for violating a provision 
 21.2   of chapter 169 or an ordinance regulating traffic and department 
 21.3   records show that the violation contributed in causing an 
 21.4   accident resulting in the death or personal injury of another, 
 21.5   or serious property damage; 
 21.6      (3) is an habitually reckless or negligent driver of a 
 21.7   motor vehicle; 
 21.8      (4) is an habitual violator of the traffic laws; 
 21.9      (5) is incompetent to drive a motor vehicle as determined 
 21.10  in a judicial proceeding; 
 21.11     (6) has permitted an unlawful or fraudulent use of the 
 21.12  license; 
 21.13     (7) has committed an offense in another state that, if 
 21.14  committed in this state, would be grounds for suspension; 
 21.15     (8) has committed a violation of section 169.444, 
 21.16  subdivision 2, paragraph (a), within five years of a prior 
 21.17  conviction under that section; 
 21.18     (9) has committed a violation of section 171.22, except 
 21.19  that the commissioner may not suspend a person's driver's 
 21.20  license based solely on the fact that the person possessed a 
 21.21  fictitious or fraudulently altered Minnesota identification 
 21.22  card; 
 21.23     (10) has failed to appear in court as provided in section 
 21.24  169.92, subdivision 4; or 
 21.25     (11) has failed to report a medical condition that, if 
 21.26  reported, would have resulted in cancellation of driving 
 21.27  privileges; or 
 21.28     (12) has been found to have committed an offense under 
 21.29  section 169.1218, paragraph (a). 
 21.30     However, an action taken by the commissioner under clause 
 21.31  (2) or (5) must conform to the recommendation of the court when 
 21.32  made in connection with the prosecution of the licensee. 
 21.33     Sec. 22.  Minnesota Statutes 1994, section 171.30, is 
 21.34  amended by adding a subdivision to read: 
 21.35     Subd. 2b.  [WAITING PERIODS FOR YOUTH UNDER 18.] If a 
 21.36  person whose driver's license was suspended or revoked for a 
 22.1   violation listed under subdivision 2 or 2a is under the age of 
 22.2   18 years at the time of that violation, the commissioner shall 
 22.3   not issue a limited license to the person for a period of time 
 22.4   that is the longest of:  (1) 90 days; or (2) twice the length of 
 22.5   the period specified for that violation in subdivision 2 or 2a. 
 22.6      Sec. 23.  [171.302] [LICENSE VIOLATIONS; CONSECUTIVE 
 22.7   SENTENCING.] 
 22.8      When sentencing an offender for violating section 171.20, 
 22.9   subdivision 2; 171.24; or 171.30, the court may impose 
 22.10  consecutive sentences for offenses arising out of a single 
 22.11  course of conduct as permitted in section 609.035, subdivision 2.
 22.12     Sec. 24.  Minnesota Statutes 1995 Supplement, section 
 22.13  340A.503, subdivision 1, is amended to read: 
 22.14     Subdivision 1.  [CONSUMPTION.] (a) It is unlawful for any: 
 22.15     (1) retail intoxicating liquor or nonintoxicating liquor 
 22.16  licensee, municipal liquor store, or bottle club permit holder 
 22.17  under section 340A.414, to permit any person under the age of 21 
 22.18  years to drink alcoholic beverages on the licensed premises or 
 22.19  within the municipal liquor store; or 
 22.20     (2) person under the age of 21 years to consume any 
 22.21  alcoholic beverages.  If proven by a preponderance of the 
 22.22  evidence, it is an affirmative defense to a violation of this 
 22.23  clause that the defendant consumed the alcoholic beverage in the 
 22.24  household of the defendant's parent or guardian and with the 
 22.25  consent of the parent or guardian.  
 22.26     (b) An offense under paragraph (a), clause (2), may be 
 22.27  prosecuted either at the place in the jurisdiction where 
 22.28  consumption occurs or the place jurisdiction where evidence of 
 22.29  consumption is observed. 
 22.30     (c) When a person is convicted of or adjudicated for an 
 22.31  offense under paragraph (a), clause (2), the court shall 
 22.32  determine whether the person consumed the alcohol while 
 22.33  operating a motor vehicle.  If so, the court shall notify the 
 22.34  commissioner of public safety of its determination.  Upon 
 22.35  receipt of the court's determination, the commissioner shall 
 22.36  suspend the person's driver's license or operating privileges 
 23.1   for 30 days, or for 180 days if the person has previously been 
 23.2   convicted of or adjudicated for an offense under paragraph (a), 
 23.3   clause (2).  
 23.4      (d) As used in this subdivision, "consume" includes the 
 23.5   ingestion of an alcoholic beverage and the physical condition of 
 23.6   having ingested an alcoholic beverage. 
 23.7      Sec. 25.  Minnesota Statutes 1994, section 360.0752, 
 23.8   subdivision 1, is amended to read: 
 23.9      Subdivision 1.  [DEFINITION DEFINITIONS.] As used in this 
 23.10  section and section 360.0753,: 
 23.11     (1) "operate" includes the acts of all crew members with 
 23.12  responsibility to operate the aircraft; 
 23.13     (2) "controlled substance" has the meaning given in section 
 23.14  152.01, subdivision 4; and 
 23.15     (3) "hazardous substance" means any chemical or chemical 
 23.16  compound that is listed as a hazardous substance in rules 
 23.17  adopted under chapter 182. 
 23.18     Sec. 26.  Minnesota Statutes 1994, section 360.0752, 
 23.19  subdivision 2, is amended to read: 
 23.20     Subd. 2.  [CRIME; ACTS PROHIBITED.] (a) It is a crime for 
 23.21  any person to operate or attempt to operate an aircraft on or 
 23.22  over land or water within this state or over any boundary water 
 23.23  of this state under any of the following conditions: 
 23.24     (a) (1) when the person is under the influence of alcohol; 
 23.25     (b) (2) when the person is under the influence of a 
 23.26  controlled substance, as defined in section 152.01, subdivision 
 23.27  4; 
 23.28     (c) (3) when the person is under the influence of a 
 23.29  combination of any two or more of the elements named in 
 23.30  clauses (a), (b) (1), (2), and (f) (6); 
 23.31     (d) (4) when the person's alcohol concentration is 0.04 or 
 23.32  more; 
 23.33     (e) (5) when the person's alcohol concentration as measured 
 23.34  within two hours of the time of operation or attempted operation 
 23.35  is 0.04 or more; 
 23.36     (f) (6) when the person is knowingly under the influence of 
 24.1   any chemical compound or combination of chemical compounds that 
 24.2   is listed as a hazardous substance in rules adopted under 
 24.3   section 182.655 and that affects the nervous system, brain, or 
 24.4   muscles of the person so as to substantially impair the person's 
 24.5   ability to operate the aircraft; or 
 24.6      (g) (7) when the person's body contains any amount of a 
 24.7   controlled substance listed in schedule I or II, other than 
 24.8   marijuana or Tetrahydrocannabinols; or 
 24.9      (8) within eight hours of having consumed any alcoholic 
 24.10  beverage or used any controlled substance.  
 24.11     (b) If proven by a preponderance of the evidence, it shall 
 24.12  be an affirmative defense to a violation of paragraph (a), 
 24.13  clause (7), that the defendant used the controlled substance 
 24.14  according to the terms of a prescription issued for the 
 24.15  defendant in accordance with sections 152.11 and 152.12. 
 24.16     Sec. 27.  Minnesota Statutes 1994, section 360.0752, 
 24.17  subdivision 5, is amended to read: 
 24.18     Subd. 5.  [EVIDENCE.] Upon the trial of any prosecution 
 24.19  arising out of acts alleged to have been committed by any person 
 24.20  arrested for operating or attempting to operate an aircraft in 
 24.21  violation of subdivision 2, the court may admit evidence of the 
 24.22  presence or amount of alcohol or a, controlled substance 
 24.23  substances, or hazardous substances in the person's blood, 
 24.24  breath, or urine as shown by an analysis of those items.  
 24.25     Evidence of the refusal to take a test is admissible into 
 24.26  evidence in a prosecution under this section.  
 24.27     If proven by a preponderance of the evidence, it shall be 
 24.28  an affirmative defense to a violation of subdivision 2, clause 
 24.29  (e) (5), that the defendant consumed a sufficient quantity of 
 24.30  alcohol after the time of the violation and before the 
 24.31  administration of the evidentiary test to cause the defendant's 
 24.32  alcohol concentration to exceed 0.04; provided, that this 
 24.33  evidence may not be admitted unless notice is given to the 
 24.34  prosecution prior to the omnibus or pretrial hearing in the 
 24.35  matter.  
 24.36     The foregoing provisions do not limit the introduction of 
 25.1   any other competent evidence bearing upon the question whether 
 25.2   or not the person violated this section, including tests 
 25.3   obtained more than two hours after the alleged violation and 
 25.4   results obtained from partial tests on an infrared 
 25.5   breath-testing instrument.  A result from a partial test is the 
 25.6   measurement obtained by analyzing one adequate breath sample, as 
 25.7   defined in section 360.0753, subdivision 4, paragraph (b).  
 25.8      Sec. 28.  Minnesota Statutes 1994, section 360.0752, 
 25.9   subdivision 6, is amended to read: 
 25.10     Subd. 6.  [CRIMINAL PENALTIES.] (a) A person who violates 
 25.11  subdivision 2, paragraph (a), clause (g); (8), or subdivision 3, 
 25.12  is guilty of a misdemeanor.  
 25.13     (b) A person who violates subdivision 2, paragraph (a), 
 25.14  clauses (a) to (f), (1) to (7), or subdivision 2a, is guilty of 
 25.15  a gross misdemeanor. 
 25.16     (c) The attorney in the jurisdiction in which the violation 
 25.17  occurred who is responsible for prosecution of misdemeanor 
 25.18  violations shall also be responsible for prosecution of gross 
 25.19  misdemeanor violations of this section. 
 25.20     Sec. 29.  Minnesota Statutes 1994, section 360.0752, 
 25.21  subdivision 7, is amended to read: 
 25.22     Subd. 7.  [PRELIMINARY SCREENING TEST.] When a peace 
 25.23  officer has reason to believe that a person may be violating or 
 25.24  has violated subdivision 2, the officer may require the person 
 25.25  to provide a sample of the person's breath for a preliminary 
 25.26  screening test using a device approved by the commissioner of 
 25.27  public safety or the commissioner of transportation for this 
 25.28  purpose.  The results of this preliminary screening test shall 
 25.29  be used for the purpose of deciding whether to require the tests 
 25.30  authorized in section 360.0753, but shall not be used in any 
 25.31  court action except to prove that a test was properly required 
 25.32  of a person pursuant to section 360.0753.  Following the 
 25.33  screening test, additional tests may be required of the person 
 25.34  pursuant to the provisions of section 360.0753.  
 25.35     A person who refuses to furnish a sample of the person's 
 25.36  breath is subject to the provisions of section 360.0753 unless, 
 26.1   in compliance with section 360.0753, the person submits to a 
 26.2   blood, breath, or urine test to determine the presence or amount 
 26.3   of alcohol or a, controlled substance substances, or hazardous 
 26.4   substances.  
 26.5      Sec. 30.  Minnesota Statutes 1994, section 360.0753, 
 26.6   subdivision 2, is amended to read: 
 26.7      Subd. 2.  [IMPLIED CONSENT; CONDITIONS; ELECTION AS TO TYPE 
 26.8   OF TEST.] (a) Any person who operates or attempts to operate an 
 26.9   aircraft in or over this state or over any boundary water of 
 26.10  this state consents, subject to the provisions of this section 
 26.11  and section 360.0752, to a chemical test of that person's blood, 
 26.12  breath, or urine for the purpose of determining the presence or 
 26.13  amount of alcohol or a, controlled substance substances, or 
 26.14  hazardous substances.  The test shall be administered at the 
 26.15  direction of a peace officer.  The test may be required of a 
 26.16  person when an officer has probable cause to believe the person 
 26.17  was operating or attempting to operate an aircraft in violation 
 26.18  of section 360.0752 and one of the following conditions exists:  
 26.19     (1) the person has been lawfully placed under arrest for 
 26.20  violation of section 360.0752; 
 26.21     (2) the person has been involved in an aircraft accident or 
 26.22  collision resulting in property damage, personal injury, or 
 26.23  death; 
 26.24     (3) the person has refused to take the screening test 
 26.25  provided for by section 360.0752; 
 26.26     (4) the screening test was administered and recorded an 
 26.27  alcohol concentration of 0.04 or more or the presence of a 
 26.28  controlled substance listed in schedule I or II other than 
 26.29  marijuana or Tetrahydrocannabinols; or 
 26.30     (5) the officer had probable cause to believe that the 
 26.31  person was operating or attempting to operate an aircraft with 
 26.32  any amount of alcohol present in the person's body.  
 26.33     (b) At the time a test is requested, the person shall be 
 26.34  informed:  
 26.35     (1) that Minnesota law requires the person to take a test 
 26.36  to determine the presence or amount of alcohol or a controlled 
 27.1   substance listed in schedule I or II other than marijuana or 
 27.2   Tetrahydrocannabinols, or to determine if the person is under 
 27.3   the influence of alcohol or a, controlled substance substances, 
 27.4   or hazardous substances; 
 27.5      (2) that whether a test is taken or refused, the person may 
 27.6   be subject to criminal prosecution for an alcohol or, controlled 
 27.7   substance, or hazardous substance related offense relating to 
 27.8   the operation of an aircraft; 
 27.9      (3) that if testing is refused, the person may be subject 
 27.10  to criminal prosecution because the person refused testing and 
 27.11  the person will be disqualified from operating an aircraft for a 
 27.12  minimum period of one year; 
 27.13     (4) if the peace officer has probable cause to believe the 
 27.14  person has violated the criminal vehicular homicide and injury 
 27.15  laws, that a test will be taken with or without the person's 
 27.16  consent; and 
 27.17     (5) that the person has the right to consult with an 
 27.18  attorney, but that this right is limited to the extent that it 
 27.19  cannot unreasonably delay administration of the test.  
 27.20     (c) The peace officer who requires a test pursuant to this 
 27.21  subdivision may direct whether the test shall be of blood, 
 27.22  breath, or urine.  Action may be taken against a person who 
 27.23  refuses to take a blood test only if an alternative test was 
 27.24  offered, and action may be taken against a person who refuses to 
 27.25  take a urine test only if an alternative test was offered.  
 27.26     Sec. 31.  Minnesota Statutes 1994, section 360.0753, 
 27.27  subdivision 3, is amended to read: 
 27.28     Subd. 3.  [REQUIREMENT OF URINE OR BLOOD TEST.] 
 27.29  Notwithstanding subdivision 2, a blood or urine test may be 
 27.30  required even after a breath test has been administered if there 
 27.31  is probable cause to believe that:  (1) there is impairment by a 
 27.32  controlled substance or hazardous substance that is not subject 
 27.33  to testing by a breath test; or blood test may be required even 
 27.34  after a breath test has been administered (2) a controlled 
 27.35  substance listed in schedule I or II, other than marijuana or 
 27.36  Tetrahydrocannabinols, is present in the person's body.  Action 
 28.1   may be taken against a person who refuses to take a blood test 
 28.2   under this subdivision only if a urine test was offered, and 
 28.3   action may be taken against a person who refuses to take a urine 
 28.4   test only if a blood test was offered.  
 28.5      Sec. 32.  Minnesota Statutes 1994, section 360.0753, 
 28.6   subdivision 6, is amended to read: 
 28.7      Subd. 6.  [MANNER OF MAKING TEST; ADDITIONAL TESTS.] (a) 
 28.8   Only a physician, medical technician, physician's trained mobile 
 28.9   intensive care paramedic, registered nurse, medical 
 28.10  technologist, or laboratory assistant acting at the request of a 
 28.11  peace officer may withdraw blood for the purpose of determining 
 28.12  the presence or amount of alcohol or, controlled substance 
 28.13  substances, or hazardous substances.  This limitation does not 
 28.14  apply to the taking of a breath or urine sample.  The person 
 28.15  tested has the right to have someone of the person's own 
 28.16  choosing administer a chemical test or tests in addition to any 
 28.17  administered at the direction of a peace officer; provided, that 
 28.18  the additional test sample on behalf of the person is obtained 
 28.19  at the place where the person is in custody, after the test 
 28.20  administered at the direction of a peace officer, and at no 
 28.21  expense to the state. 
 28.22     (b) The failure or inability to obtain an additional test 
 28.23  or tests by a person shall not preclude the admission in 
 28.24  evidence of the test taken at the direction of a peace officer 
 28.25  unless the additional test was prevented or denied by the peace 
 28.26  officer. 
 28.27     (c) The physician, medical technician, physician's trained 
 28.28  mobile intensive care paramedic, medical technologist, 
 28.29  laboratory assistant, or registered nurse drawing blood at the 
 28.30  request of a peace officer for the purpose of 
 28.31  determining alcohol the presence or concentration of alcohol, 
 28.32  controlled substances, or hazardous substances shall in no 
 28.33  manner be liable in any civil or criminal action except for 
 28.34  negligence in drawing the blood.  The person administering a 
 28.35  breath test shall be fully trained in the administration of 
 28.36  breath tests pursuant to training given by the commissioner of 
 29.1   public safety or the commissioner of transportation. 
 29.2      Sec. 33.  Minnesota Statutes 1994, section 609.21, is 
 29.3   amended to read: 
 29.4      609.21 [CRIMINAL VEHICULAR HOMICIDE AND INJURY.] 
 29.5      Subdivision 1.  [CRIMINAL VEHICULAR HOMICIDE.] Whoever A 
 29.6   person is guilty of criminal vehicular homicide resulting in 
 29.7   death and may be sentenced to imprisonment for not more than ten 
 29.8   years or to payment of a fine of not more than $20,000, or both, 
 29.9   if the person causes the death of a human being not constituting 
 29.10  murder or manslaughter as a result of operating a motor vehicle,:
 29.11     (1) in a grossly negligent manner; 
 29.12     (2) in a negligent manner while under the influence of: 
 29.13     (i) alcohol,; 
 29.14     (ii) a controlled substance,; or 
 29.15     (iii) any combination of those elements; 
 29.16     (3) while having an alcohol concentration of 0.10 or more; 
 29.17  or 
 29.18     (4) while having an alcohol concentration of 0.10 or more, 
 29.19  as measured within two hours of the time of driving; 
 29.20     (5) in a negligent manner while knowingly under the 
 29.21  influence of a hazardous substance; 
 29.22     (6) in a negligent manner while any amount of a controlled 
 29.23  substance listed in schedule I or II, other than marijuana or 
 29.24  Tetrahydrocannabinols, is present in the person's body, 
 29.25  is guilty of criminal vehicular homicide resulting in death and 
 29.26  may be sentenced to imprisonment for not more than ten years or 
 29.27  to payment of a fine of not more than $20,000, or both; or 
 29.28     (7) where the driver who causes the accident leaves the 
 29.29  scene of the accident in violation of section 169.09, 
 29.30  subdivision 1 or 6. 
 29.31     Subd. 2.  [RESULTING IN GREAT BODILY HARM.] Whoever A 
 29.32  person is guilty of criminal vehicular operation resulting in 
 29.33  great bodily harm and may be sentenced to imprisonment for not 
 29.34  more than five years or to payment of a fine of not more than 
 29.35  $10,000, or both, if the person causes great bodily harm to 
 29.36  another, not constituting attempted murder or assault, as a 
 30.1   result of operating a motor vehicle,: 
 30.2      (1) in a grossly negligent manner; 
 30.3      (2) in a negligent manner while under the influence of: 
 30.4      (i) alcohol,; 
 30.5      (ii) a controlled substance,; or 
 30.6      (iii) any combination of those elements; 
 30.7      (3) while having an alcohol concentration of 0.10 or more; 
 30.8   or 
 30.9      (4) while having an alcohol concentration of 0.10 or more, 
 30.10  as measured within two hours of the time of driving; 
 30.11     (5) in a negligent manner while knowingly under the 
 30.12  influence of a hazardous substance; 
 30.13     (6) in a negligent manner while any amount of a controlled 
 30.14  substance listed in schedule I or II, other than marijuana or 
 30.15  Tetrahydrocannabinols, is present in the person's body, 
 30.16  is guilty of criminal vehicular operation resulting in great 
 30.17  bodily harm and may be sentenced to imprisonment for not more 
 30.18  than five years or to payment of a fine of not more than 
 30.19  $10,000, or both; or 
 30.20     (7) where the driver who causes the accident leaves the 
 30.21  scene of the accident in violation of section 169.09, 
 30.22  subdivision 1 or 6. 
 30.23     Subd. 2a.  [RESULTING IN SUBSTANTIAL BODILY HARM.] Whoever 
 30.24  A person is guilty of criminal vehicular operation resulting in 
 30.25  substantial bodily harm and may be sentenced to imprisonment of 
 30.26  not more than three years or to payment of a fine of not more 
 30.27  than $10,000, or both, if the person causes substantial bodily 
 30.28  harm to another, as a result of operating a motor vehicle,; 
 30.29     (1) in a grossly negligent manner; 
 30.30     (2) in a negligent manner while under the influence of: 
 30.31     (i) alcohol,; 
 30.32     (ii) a controlled substance,; or 
 30.33     (iii) any combination of those elements; 
 30.34     (3) while having an alcohol concentration of 0.10 or more; 
 30.35  or 
 30.36     (4) while having an alcohol concentration of 0.10 or more, 
 31.1   as measured within two hours of the time of driving; 
 31.2      (5) in a negligent manner while knowingly under the 
 31.3   influence of a hazardous substance; 
 31.4      (6) in a negligent manner while any amount of a controlled 
 31.5   substance listed in schedule I or II, other than marijuana or 
 31.6   Tetrahydrocannabinols, is present in the person's body, 
 31.7   is guilty of criminal vehicular operation resulting in 
 31.8   substantial bodily harm and may be sentenced to imprisonment for 
 31.9   not more than three years or to payment of a fine of not more 
 31.10  than $10,000, or both; or 
 31.11     (7) where the driver who causes the accident leaves the 
 31.12  scene of the accident in violation of section 169.09, 
 31.13  subdivision 1 or 6. 
 31.14     Subd. 2b.  [RESULTING IN BODILY HARM.] A person is guilty 
 31.15  of criminal vehicular operation resulting in bodily harm and may 
 31.16  be sentenced to imprisonment for not more than one year or to 
 31.17  payment of a fine of not more than $3,000, or both, if the 
 31.18  person causes bodily harm to another, as a result of operating a 
 31.19  motor vehicle: 
 31.20     (1) in a grossly negligent manner; 
 31.21     (2) in a negligent manner while under the influence of: 
 31.22     (i) alcohol; 
 31.23     (ii) a controlled substance; or 
 31.24     (iii) any combination of those elements; 
 31.25     (3) while having an alcohol concentration of 0.10 or more; 
 31.26     (4) while having an alcohol concentration of 0.10 or more, 
 31.27  as measured within two hours of the time of driving; 
 31.28     (5) in a negligent manner while knowingly under the 
 31.29  influence of a hazardous substance; 
 31.30     (6) in a negligent manner while any amount of a controlled 
 31.31  substance listed in schedule I or II, other than marijuana or 
 31.32  Tetrahydrocannabinols, is present in the person's body; or 
 31.33     (7) where the driver who causes the accident leaves the 
 31.34  scene of the accident in violation of section 169.09, 
 31.35  subdivision 1 or 6. 
 31.36     Subd. 3.  [RESULTING IN DEATH TO AN UNBORN CHILD.] Whoever 
 32.1   A person is guilty of criminal vehicular operation resulting in 
 32.2   death to an unborn child and may be sentenced to imprisonment 
 32.3   for not more than ten years or to payment of a fine of not more 
 32.4   than $20,000, or both, if the person causes the death of an 
 32.5   unborn child as a result of operating a motor vehicle,: 
 32.6      (1) in a grossly negligent manner; 
 32.7      (2) in a negligent manner while under the influence of: 
 32.8      (i) alcohol,; 
 32.9      (ii) a controlled substance,; or 
 32.10     (iii) any combination of those elements; 
 32.11     (3) while having an alcohol concentration of 0.10 or more; 
 32.12  or 
 32.13     (4) while having an alcohol concentration of 0.10 or more, 
 32.14  as measured within two hours of the time of driving; 
 32.15     (5) in a negligent manner while knowingly under the 
 32.16  influence of a hazardous substance; 
 32.17     (6) in a negligent manner while any amount of a controlled 
 32.18  substance listed in schedule I or II, other than marijuana or 
 32.19  Tetrahydrocannabinols, is present in the person's body, 
 32.20  is guilty of criminal vehicular operation resulting in death to 
 32.21  an unborn child and may be sentenced to imprisonment for not 
 32.22  more than ten years or to payment of a fine of not more than 
 32.23  $20,000, or both; or 
 32.24     (7) where the driver who causes the accident leaves the 
 32.25  scene of the accident in violation of section 169.09, 
 32.26  subdivision 1 or 6.  
 32.27     A prosecution for or conviction of a crime under this 
 32.28  subdivision is not a bar to conviction of or punishment for any 
 32.29  other crime committed by the defendant as part of the same 
 32.30  conduct. 
 32.31     Subd. 4.  [RESULTING IN INJURY TO UNBORN CHILD.] Whoever A 
 32.32  person is guilty of criminal vehicular operation resulting in 
 32.33  injury to an unborn child and may be sentenced to imprisonment 
 32.34  for not more than five years or to payment of a fine of not more 
 32.35  than $10,000, or both, if the person causes great bodily harm to 
 32.36  an unborn child who is subsequently born alive, as a result of 
 33.1   operating a motor vehicle,: 
 33.2      (1) in a grossly negligent manner; 
 33.3      (2) in a negligent manner while under the influence of:  
 33.4      (i) alcohol,; 
 33.5      (ii) a controlled substance,; or 
 33.6      (iii) any combination of those elements; 
 33.7      (3) while having an alcohol concentration of 0.10 or more; 
 33.8   or 
 33.9      (4) while having an alcohol concentration of 0.10 or more, 
 33.10  as measured within two hours of the time of driving; 
 33.11     (5) in a negligent manner while knowingly under the 
 33.12  influence of a hazardous substance; 
 33.13     (6) in a negligent manner while any amount of a controlled 
 33.14  substance listed in schedule I or II, other than marijuana or 
 33.15  Tetrahydrocannabinols, is present in the person's body, 
 33.16  is guilty of criminal vehicular operation resulting in injury to 
 33.17  an unborn child and may be sentenced to imprisonment for not 
 33.18  more than five years or to payment of a fine of not more than 
 33.19  $10,000, or both; or 
 33.20     (7) where the driver who causes the accident leaves the 
 33.21  scene of the accident in violation of section 169.09, 
 33.22  subdivision 1 or 6.  
 33.23     A prosecution for or conviction of a crime under this 
 33.24  subdivision is not a bar to conviction of or punishment for any 
 33.25  other crime committed by the defendant as part of the same 
 33.26  conduct. 
 33.27     Subd. 4a.  [AFFIRMATIVE DEFENSE.] It shall be an 
 33.28  affirmative defense to a charge under subdivisions 1, clause 
 33.29  (6); 2, clause (6); 2a, clause (6); 2b, clause (6); 3, clause 
 33.30  (6); or 4, clause (6), that the defendant used the controlled 
 33.31  substance according to the terms of a prescription issued for 
 33.32  the defendant in accordance with sections 152.11 and 152.12. 
 33.33     Subd. 5.  [DEFINITION DEFINITIONS.] For purposes of this 
 33.34  section, the terms defined in this subdivision have the meanings 
 33.35  given them. 
 33.36     (a) "Motor vehicle" has the meaning given in section 
 34.1   609.52, subdivision 1. 
 34.2      (b) "Controlled substance" has the meaning given in section 
 34.3   152.01, subdivision 4. 
 34.4      (c) "Hazardous substance" means any chemical or chemical 
 34.5   compound that is listed as a hazardous substance in rules 
 34.6   adopted under chapter 182. 
 34.7      Sec. 34.  Minnesota Statutes 1994, section 629.471, 
 34.8   subdivision 2, is amended to read: 
 34.9      Subd. 2.  [QUADRUPLE THE FINE.] (a) For offenses under 
 34.10  sections 169.09, 169.121, 169.129, 171.24, paragraph (c), 
 34.11  609.2231, subdivision 2, 609.487, and 609.525, the maximum cash 
 34.12  bail that may be required for a person charged with a 
 34.13  misdemeanor or gross misdemeanor violation is quadruple the 
 34.14  highest cash fine that may be imposed for the offense.  
 34.15     (b) Unless the court imposes the conditions of release 
 34.16  specified in section 169.121, subdivision 1c, the court must 
 34.17  impose maximum bail when releasing a person from detention who 
 34.18  has been charged with violating section 169.121, subdivision 1, 
 34.19  if the person has three prior impaired driving convictions 
 34.20  within the previous ten years or four or more prior impaired 
 34.21  driving convictions in the person's lifetime.  As used in this 
 34.22  subdivision, "prior impaired driving conviction" has the meaning 
 34.23  given in section 169.121, subdivision 3. 
 34.24     Sec. 35.  [DRUG RECOGNITION TRAINING FOR PEACE OFFICERS; 
 34.25  REPORT.] 
 34.26     (a) For purposes of this section, the following terms have 
 34.27  the meanings given them: 
 34.28     (1) "drug" has the meaning given in Minnesota Statutes, 
 34.29  section 151.01, subdivision 5; 
 34.30     (2) "drug recognition expert" means a peace officer who is 
 34.31  certified by the International Association of Chiefs of Police 
 34.32  to conduct the 12-step drug evaluation and classification 
 34.33  process; and 
 34.34     (3) "12-step drug evaluation and classification process" 
 34.35  means the systematic, standardized investigative procedure 
 34.36  defined by the National Highway Traffic Safety Administration 
 35.1   that is used to determine whether a driver is impaired, whether 
 35.2   the impairment relates to drugs or a medical condition and, if 
 35.3   drug related, the category of drugs likely to have caused the 
 35.4   impairment. 
 35.5      (b) The board of peace officer standards and training, in 
 35.6   consultation with the department of public safety, the Minnesota 
 35.7   state patrol, the Minnesota chiefs of police, the Minnesota 
 35.8   sheriffs' association, and the National Highway Traffic Safety 
 35.9   Administration, shall develop a plan for requiring drug 
 35.10  recognition training for peace officers.  The goals of the plan 
 35.11  are: 
 35.12     (1) to ensure that peace officers employed in traffic 
 35.13  patrol activities are educated about the need to use a certified 
 35.14  drug recognition expert to evaluate a person whom the officer 
 35.15  reasonably suspects has been driving while impaired by drugs; 
 35.16     (2) to ensure that a sufficient number of peace officers 
 35.17  are certified as drug recognition experts; and 
 35.18     (3) to ensure that drug recognition experts are available 
 35.19  statewide at all time periods to evaluate suspected 
 35.20  drug-impaired drivers. 
 35.21     (c) To accomplish paragraph (b), clause (1), the plan must 
 35.22  consider the feasibility of making a basic level of drug 
 35.23  recognition training a mandatory requirement for all new peace 
 35.24  officer candidates and an in-service option for current peace 
 35.25  officers. 
 35.26     (d) To the extent practicable, the plan must present 
 35.27  alternative training requirement scenarios and timetables 
 35.28  associated with different levels of training resources.  The 
 35.29  board shall report this plan to the legislature by January 16, 
 35.30  1997.  
 35.31     Sec. 36.  [APPROPRIATION.] 
 35.32     Subdivision 1.  [PUBLIC SAFETY.] (a) $14,000 is 
 35.33  appropriated to the commissioner of public safety from the 
 35.34  highway user tax distribution fund for the fiscal year ending 
 35.35  June 30, 1997 for license plate impoundments and special 
 35.36  registration plates under Minnesota Statutes, section 168.042, 
 36.1   subdivision 8. 
 36.2      (b) $65,000 is appropriated to the commissioner of public 
 36.3   safety from the trunk highway fund for the fiscal year ending 
 36.4   June 30, 1997 for license plate impoundments and special 
 36.5   registration plates under Minnesota Statutes, section 168.042, 
 36.6   subdivision 8. 
 36.7      (c) $5,000 is appropriated to the commissioner of public 
 36.8   safety from the trunk highway fund for the fiscal year ending 
 36.9   June 30, 1997 for DWI license revocation cross referencing under 
 36.10  sections 9 and 16. 
 36.11     Subd. 2.  [BOARD OF PEACE OFFICER STANDARDS AND TRAINING.] 
 36.12  $5,000 is appropriated to the board of peace officer standards 
 36.13  and training from the trunk highway fund for the fiscal year 
 36.14  ending June 30, 1997 to develop the plan for requiring drug 
 36.15  recognition training for peace officers under section 35. 
 36.16     Sec. 37.  [EFFECTIVE DATES.] 
 36.17     (a) Section 35 is effective the day after final enactment. 
 36.18     (b) Sections 1 to 4; 6; 7, paragraphs (a) to (d) and (f); 
 36.19  8; 10 to 12; 15; 18 to 24; and 34 are effective August 1, 1996, 
 36.20  for crimes committed on or after that date. 
 36.21     (c) Sections 5; 7, paragraph (e); 9; 13; 14; 16; 17; and 25 
 36.22  to 33, are effective August 1, 1997, for crimes committed on or 
 36.23  after that date. 
 36.24     (d) Section 33 is effective August 1, 1996, for crimes 
 36.25  committed on or after that date, except that subdivisions 1, 
 36.26  clause (6); 2, clause (6); 2a, clause (6); 2b, clause (6); 3, 
 36.27  clause (6); and 4, clause (6), are effective August 1, 1997, for 
 36.28  crimes committed on or after that date. 
 36.29     (e) The commissioner of public safety may consider 
 36.30  violations occurring before August 1, 1997, as prior impaired 
 36.31  driving convictions or prior license revocations under sections 
 36.32  9 and 16, except that violations of Minnesota Statutes, section 
 36.33  84.91 or 86B.331 occurring before August 1, 1994, may not be so 
 36.34  considered. 
 36.35     (f) Notwithstanding Minnesota Statutes, section 645.26, 
 36.36  subdivision 3, if appropriations for the same purposes as those 
 37.1   described in section 36, subdivision 1, paragraphs (a) and (b) 
 37.2   are enacted by another law during the 1996 legislative session, 
 37.3   then section 36, subdivision 1, paragraphs (a) and (b) shall not 
 37.4   take effect.