SF 2660

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes; making certain repeat violations 
  1.3             of the DWI laws punishable as felonies; providing for 
  1.4             mandatory sentences for felony DWI offenses; amending 
  1.5             Minnesota Statutes 1998, sections 169.121, by adding a 
  1.6             subdivision; and 169.129, by adding a subdivision; 
  1.7             Minnesota Statutes 1999 Supplement, section 169.129, 
  1.8             subdivision 3. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1999 Supplement, section 
  1.11  169.121, subdivision 3, is amended to read: 
  1.12     Subd. 3.  [CRIMINAL PENALTIES.] (a) As used in this section:
  1.13     (1) "Prior impaired driving conviction" means a prior 
  1.14  conviction under: 
  1.15     (i) this section; Minnesota Statutes 1996, section 84.91, 
  1.16  subdivision 1, paragraph (a), or 86B.331, subdivision 1, 
  1.17  paragraph (a); section 169.1211; section 169.129; or section 
  1.18  360.0752; 
  1.19     (ii) section 609.21, subdivision 1, clauses (2) to (6); 
  1.20  subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 
  1.21  to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
  1.22  clauses (2) to (6); or subdivision 4, clauses (2) to (6); or 
  1.23     (iii) an ordinance from this state, or a statute or 
  1.24  ordinance from another state, in conformity with any provision 
  1.25  listed in item (i) or (ii). 
  1.26  A prior impaired driving conviction also includes a prior 
  1.27  juvenile adjudication that would have been a prior impaired 
  2.1   driving conviction if committed by an adult. 
  2.2      (2) "Prior license revocation" means a driver's license 
  2.3   suspension, revocation, cancellation, denial, or 
  2.4   disqualification under: 
  2.5      (i) this section or section 169.1211, 169.123, 171.04, 
  2.6   171.14, 171.16, 171.165, 171.17, or 171.18 because of an 
  2.7   alcohol-related incident; 
  2.8      (ii) section 609.21, subdivision 1, clauses (2) to (6); 
  2.9   subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 
  2.10  to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
  2.11  clauses (2) to (6); or subdivision 4, clauses (2) to (6); or 
  2.12     (iii) an ordinance from this state, or a statute or 
  2.13  ordinance from another state, in conformity with any provision 
  2.14  listed in item (i) or (ii). 
  2.15  "Prior license revocation" also means the revocation of 
  2.16  snowmobile or all-terrain vehicle operating privileges under 
  2.17  section 84.911, or motorboat operating privileges under section 
  2.18  86B.335, for violations that occurred on or after August 1, 
  2.19  1994; the revocation of snowmobile or all-terrain vehicle 
  2.20  operating privileges under section 84.91; or the revocation of 
  2.21  motorboat operating privileges under section 86B.331. 
  2.22     (b) A person who violates subdivision 1, clause (a), (b), 
  2.23  (c), (d), (e), (g), or (h), or subdivision 1a, or an ordinance 
  2.24  in conformity with any of them, is guilty of a misdemeanor. 
  2.25     (c) A person is guilty of a gross misdemeanor under any of 
  2.26  the following circumstances: 
  2.27     (1) the person violates subdivision 1, clause (f); 
  2.28     (2) the person violates subdivision 1, clause (a), (b), 
  2.29  (c), (d), (e), (g), or (h), or subdivision 1a: 
  2.30     (i) within five years of a prior impaired driving 
  2.31  conviction or a prior license revocation; or 
  2.32     (ii) within ten years of the first of two or more prior 
  2.33  impaired driving convictions, two or more prior license 
  2.34  revocations, or any combination of two or more prior impaired 
  2.35  driving convictions and prior license revocations, based on 
  2.36  separate incidents; 
  3.1      (3) the person violates section 169.26 while in violation 
  3.2   of subdivision 1; or 
  3.3      (4) the person violates subdivision 1 or 1a while a child 
  3.4   under the age of 16 is in the vehicle, if the child is more than 
  3.5   36 months younger than the violator. 
  3.6   A person convicted of a gross misdemeanor under this paragraph 
  3.7   is subject to the mandatory penalties provided in subdivision 3d.
  3.8      (d) A person is guilty of a felony and may be sentenced to 
  3.9   imprisonment for not more than five years or to payment of a 
  3.10  fine of not more than $10,000, or both, under any of the 
  3.11  following circumstances: 
  3.12     (1) the person violates subdivision 1, clause (f), or 
  3.13  commits a violation described in paragraph (c), clause (3) or 
  3.14  (4), within: 
  3.15     (i) 15 years of the first of three, four, or five prior 
  3.16  impaired driving convictions, three, four, or five prior license 
  3.17  revocations, or any combination of three, four, or five prior 
  3.18  impaired driving convictions and prior license revocations, 
  3.19  based on separate incidents; or 
  3.20     (ii) any time after six or more prior impaired driving 
  3.21  convictions, six or more prior license revocations, or any 
  3.22  combination of six or more prior impaired driving convictions 
  3.23  and prior license revocations, based on separate incidents; or 
  3.24     (2) the person violates subdivision 1, clause (a), (b), 
  3.25  (c), (d), (e), (g), or (h), or subdivision 1a, within: 
  3.26     (i) 15 years of the first of four, five, or six prior 
  3.27  impaired driving convictions, four, five, or six prior license 
  3.28  revocations, or any combination of four, five, or six prior 
  3.29  impaired driving convictions and prior license revocations, 
  3.30  based on separate incidents; or 
  3.31     (ii) any time after seven or more prior impaired driving 
  3.32  convictions, seven or more prior license revocations, or any 
  3.33  combination of seven or more prior impaired driving convictions 
  3.34  and prior license revocations, based on separate incidents.  
  3.35  A person convicted of a felony under this paragraph is subject 
  3.36  to the applicable mandatory penalties provided in subdivision 3g.
  4.1      (e) The court shall notify a person convicted of violating 
  4.2   subdivision 1 or 1a that the registration plates of the person's 
  4.3   motor vehicle may be impounded under section 168.042 and the 
  4.4   vehicle may be subject to forfeiture under section 169.1217 upon 
  4.5   a subsequent conviction for violating this section, section 
  4.6   169.129, or section 171.24, or a subsequent license revocation 
  4.7   under section 169.123.  The notice must describe the conduct and 
  4.8   the time periods within which the conduct must occur in order to 
  4.9   result in plate impoundment or forfeiture.  The failure of the 
  4.10  court to provide this information does not affect the 
  4.11  applicability of the plate impoundment or the forfeiture 
  4.12  provision to that person. 
  4.13     (e) (f) The attorney in the jurisdiction in which the 
  4.14  violation occurred who is responsible for prosecution of 
  4.15  misdemeanor violations of this section shall is also be 
  4.16  responsible for prosecution of gross misdemeanor violations of 
  4.17  this section. 
  4.18     (f) (g) The court must impose consecutive sentences when it 
  4.19  sentences a person for a violation of this section or section 
  4.20  169.129 arising out of separate behavioral incidents.  The court 
  4.21  also must impose a consecutive sentence when it sentences a 
  4.22  person for a violation of this section or section 169.129 and 
  4.23  the person, at the time of sentencing, is on probation for, or 
  4.24  serving, an executed sentence for a violation of this section or 
  4.25  section 169.129 and the prior sentence involved a separate 
  4.26  behavioral incident.  The court also may order that the sentence 
  4.27  imposed for a violation of this section or section 169.129 shall 
  4.28  run consecutively to a previously imposed misdemeanor, gross 
  4.29  misdemeanor or felony sentence for a violation other than this 
  4.30  section or section 169.129.  
  4.31     (g) (h) When the court stays the sentence of a person 
  4.32  convicted under this section, the length of the stay is governed 
  4.33  by section 609.135, subdivision 2. 
  4.34     (h) (i) The court may impose consecutive sentences for 
  4.35  offenses arising out of a single course of conduct as permitted 
  4.36  in section 609.035, subdivision 2.  
  5.1      (i) (j) The court shall impose consecutive sentences for a 
  5.2   violation of this section or section 169.129 and an offense 
  5.3   listed in section 609.035, subdivision 2, paragraph (f), arising 
  5.4   out of the same course of conduct, as required by section 
  5.5   609.035, subdivision 2, paragraph (g). 
  5.6      (j) (k) When an attorney responsible for prosecuting gross 
  5.7   misdemeanors or felonies under this section requests criminal 
  5.8   history information relating to prior impaired driving 
  5.9   convictions from a court, the court must furnish the information 
  5.10  without charge. 
  5.11     (k) (l) A violation of subdivision 1a may be prosecuted 
  5.12  either in the jurisdiction where the arresting officer observed 
  5.13  the defendant driving, operating, or in control of the motor 
  5.14  vehicle or in the jurisdiction where the refusal occurred. 
  5.15     Sec. 2.  Minnesota Statutes 1998, section 169.121, is 
  5.16  amended by adding a subdivision to read: 
  5.17     Subd. 3g.  [FELONIES; MANDATORY PENALTIES.] (a) The 
  5.18  mandatory penalties in this subdivision apply to person who are 
  5.19  convicted of a felony under subdivision 3, or section 169.129.  
  5.20  Notwithstanding section 609.135, these penalties must be imposed 
  5.21  and executed. 
  5.22     (b) A person who is convicted of a felony under the 
  5.23  circumstances described in subdivision 3, paragraph (d), clause 
  5.24  (1), must be sentenced as follows: 
  5.25     (1) if the person has three or four prior impaired driving 
  5.26  convictions, three or four prior license revocations, or a 
  5.27  combination of the two, within the past 15 years, and is 
  5.28  sentenced to a stayed sentence, the person must be ordered to 
  5.29  serve at least 270 days in jail as a condition of probation; or 
  5.30     (2) if the person has five prior impaired driving 
  5.31  convictions, five prior license revocations, or a combination of 
  5.32  the two, within the past 15 years, or six or more prior impaired 
  5.33  driving convictions, six or more prior license revocations, or a 
  5.34  combination of the two, within the person's lifetime, and is 
  5.35  sentenced to a stayed sentence, the person must be ordered to 
  5.36  serve not less than one year in jail as a condition of probation.
  6.1      (c) A person who is convicted of a felony under the 
  6.2   circumstances described in subdivision 3, paragraph (d), clause 
  6.3   (2), or section 169.129, must be sentenced as follows: 
  6.4      (1) if the person has four or five prior impaired driving 
  6.5   convictions, four or five prior license revocations, or a 
  6.6   combination of the two, within the past 15 years, and is 
  6.7   sentenced to a stayed sentence, the person must be ordered to 
  6.8   serve at least 270 days in jail as a condition of probation; or 
  6.9      (2) if the person has six prior impaired driving 
  6.10  convictions, six prior license revocations, or a combination of 
  6.11  the two, within the past 15 years, or has seven or more prior 
  6.12  impaired driving convictions, seven or more prior license 
  6.13  revocations, or a combination of the two, within the person's 
  6.14  lifetime, and is sentenced to a stayed sentence, the person must 
  6.15  be ordered to serve not less than one year in jail as a 
  6.16  condition of probation. 
  6.17     (d) Notwithstanding paragraph (b) or (c), if the 
  6.18  presumptive sentence under the sentencing guidelines of a person 
  6.19  described in paragraph (b), clause (2), or paragraph (c), clause 
  6.20  (2), is commitment to the commissioner of corrections, the court 
  6.21  shall not sentence the person to a mitigated dispositional or 
  6.22  durational departure from the presumptive sentence. 
  6.23     Sec. 3.  Minnesota Statutes 1998, section 169.129, is 
  6.24  amended by adding a subdivision to read: 
  6.25     Subd. 2a.  [FELONY.] A person is guilty of a felony and may 
  6.26  be sentenced to imprisonment for not more than five years or to 
  6.27  payment of a fine of not more than $10,000, or both, if the 
  6.28  person violates subdivision 1 and the person's driver's license 
  6.29  or driving privilege has been suspended, revoked, canceled, 
  6.30  denied, or disqualified four, five, or six times within the past 
  6.31  15 years, or seven or more times within the person's lifetime 
  6.32  under any of the statutes listed in subdivision 1.  A person 
  6.33  convicted of a felony under this paragraph is subject to the 
  6.34  applicable mandatory penalties provided in section 169.121, 
  6.35  subdivision 3g. 
  6.36     Sec. 4.  [EFFECTIVE DATE.] 
  7.1      Sections 1 to 3 are effective August 1, 2000, and apply to 
  7.2   crimes committed on or after that date.  However, violations 
  7.3   occurring before August 1, 2000, which are listed in Minnesota 
  7.4   Statutes, section 169.121, subdivision 3, paragraph (a), are 
  7.5   considered prior impaired driving convictions or prior license 
  7.6   revocations for a person charged for or convicted of a violation 
  7.7   on or after August 1, 2000.