SF 2461

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to traffic regulations; creating crime of 
  1.3             aggressive driving; increasing criminal penalty for 
  1.4             reckless driving; requiring driver's license 
  1.5             suspension of person convicted of either crime; making 
  1.6             technical change; amending Minnesota Statutes 2002, 
  1.7             section 171.165, subdivision 4; proposing coding for 
  1.8             new law in Minnesota Statutes, chapter 169; repealing 
  1.9             Minnesota Statutes 2002, section 169.13, subdivision 1.
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  [169.135] [AGGRESSIVE OR RECKLESS DRIVING.] 
  1.12     Subdivision 1.  [RECKLESS DRIVING.] Any person who drives a 
  1.13  vehicle in a manner that indicates either a willful or a wanton 
  1.14  disregard for the safety of persons or property is guilty of 
  1.15  reckless driving, which is a gross misdemeanor.  
  1.16     Subd. 2.  [AGGRESSIVE DRIVING.] Any person who drives, 
  1.17  operates, or halts a vehicle upon a street, highway, or adjacent 
  1.18  property involving a single course of conduct that includes 
  1.19  three or more of the violations listed in subdivision 4, is 
  1.20  guilty of aggressive driving, which is a gross misdemeanor. 
  1.21     Subd. 3.  [REPEAT OFFENSES.] A person who violates this 
  1.22  section within three years of a prior conviction for violating 
  1.23  this section or section 609.487 (fleeing a peace officer in a 
  1.24  motor vehicle) is guilty of a felony and may be sentenced to 
  1.25  imprisonment for not more than three years or to payment of a 
  1.26  fine of not more than $5,000, or both.  
  1.27     Subd. 4.  [AGGRESSIVE DRIVING; AGGRAVATING OFFENSES.] The 
  2.1   following may be considered as requisite violations for an 
  2.2   aggressive driving conviction under subdivision 2:  
  2.3      (1) section 169.06, subdivision 4 or 5 (obedience to 
  2.4   traffic-control device or traffic-control signal); 
  2.5      (2) section 169.14 (speed); 
  2.6      (3) section 169.15 (impeding traffic); 
  2.7      (4) section 169.18, subdivision 1 (driving rules:  keeping 
  2.8   to the right); 
  2.9      (5) section 169.18, subdivision 3 (driving rules:  
  2.10  passing); 
  2.11     (6) section 169.18, subdivision 4 (driving rules:  passing 
  2.12  on the right); 
  2.13     (7) section 169.18, subdivision 5 (driving rules:  driving 
  2.14  left of roadway center); 
  2.15     (8) section 169.18, subdivision 7 (driving rules:  driving 
  2.16  lanes); 
  2.17     (9) section 169.18, subdivision 8 (driving rules:  
  2.18  following too closely); 
  2.19     (10) section 169.19, subdivision 4 (change of course); 
  2.20     (11) section 169.20, subdivision 1 or 2 (right-of-way: 
  2.21  approaching intersection or left turn); 
  2.22     (12) section 169.20, subdivision 3 (right-of-way:  through 
  2.23  highway stop sign); and 
  2.24     (13) section 169.61 (composite beam:  head lamps).  
  2.25     Subd. 5.  [DRIVER'S LICENSE SUSPENSION.] When a person has 
  2.26  been convicted of violating this section, the court shall report 
  2.27  the conviction to the commissioner of public safety and the 
  2.28  commissioner shall suspend the person's driver's license for a 
  2.29  minimum period of 30 days.  The court may not stay the execution 
  2.30  of the driver's license suspension.  
  2.31     Subd. 6.  [COMPLETION OF DRIVER IMPROVEMENT CLINIC.] When 
  2.32  sentencing a person for a violation of this section, the court 
  2.33  shall require the person to successfully complete a driver 
  2.34  improvement clinic, as defined in section 169.971, subdivision 2.
  2.35     Sec. 2.  Minnesota Statutes 2002, section 171.165, 
  2.36  subdivision 4, is amended to read: 
  3.1      Subd. 4.  [SERIOUS TRAFFIC VIOLATION.] On receiving a 
  3.2   record of conviction and subject to section 171.166, the 
  3.3   commissioner shall disqualify a person from operating commercial 
  3.4   motor vehicles for 60 days if the person is convicted of two 
  3.5   serious traffic violations, or 120 days if convicted of three 
  3.6   serious traffic violations.  The violations must involve 
  3.7   separate incidents and must have been committed in a commercial 
  3.8   motor vehicle within a three-year period.  For purposes of this 
  3.9   subdivision, a serious traffic violation includes the following: 
  3.10     (1) following too closely under section 169.18, subdivision 
  3.11  8; 
  3.12     (2) erratic lane change under sections 169.18, subdivisions 
  3.13  3 and 7; and 169.19, subdivision 4; 
  3.14     (3) operating the commercial vehicle at a speed 15 miles 
  3.15  per hour or more above the posted speed limit; 
  3.16     (4) reckless, aggressive, or careless driving under section 
  3.17  169.13 or 169.135; 
  3.18     (5) fleeing a peace officer under section 609.487; 
  3.19     (6) a violation of a moving traffic statute of Minnesota or 
  3.20  any state, or an ordinance in conformity with a Minnesota 
  3.21  statute, that arose in connection with a fatal accident; 
  3.22     (7) operating a commercial motor vehicle without the proper 
  3.23  class of commercial driver's license or endorsements for the 
  3.24  type of vehicle being operated; and 
  3.25     (8) operating a commercial motor vehicle without a 
  3.26  commercial driver's license in immediate possession, unless the 
  3.27  person provides proof to the court that, on the date of the 
  3.28  citation, the person held a valid commercial driver's license of 
  3.29  the proper class and with the proper endorsements. 
  3.30     Sec. 3.  [REPEALER.] 
  3.31     Minnesota Statutes 2002, section 169.13, subdivision 1, is 
  3.32  repealed. 
  3.33     Sec. 4.  [EFFECTIVE DATE.] 
  3.34     Sections 1 to 3 are effective August 1, 2004, and apply to 
  3.35  crimes committed on or after that date.