SF 2741

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 03/09/2010 11:53am

A bill for an act
relating to public safety; modifying implied consent, driving while impaired,
and ignition interlock provisions; providing that prior DWI driver's license
revocations no longer enhance criminal penalties or trigger or accelerate DWI
vehicle forfeitures; amending Minnesota Statutes 2008, sections 169A.03,
subdivision 3; 169A.095; 169A.24, subdivision 1; 169A.275, subdivisions 1, 2,
3, 4, 5; 169A.28, subdivision 1; 169A.31, subdivision 2; 169A.44, subdivision
2; 169A.52, subdivisions 3, 4; 169A.54, subdivisions 2, 5; 169A.55, by adding
a subdivision; 169A.60, subdivision 1; 169A.63, subdivisions 1, 3, 5, 6, 7, 8,
9, by adding a subdivision; 171.09; 171.30, subdivisions 1, 2a, 4; 171.306, as
amended; 609.131, subdivision 2; Minnesota Statutes 2009 Supplement, sections
169A.275, subdivision 7; 169A.54, subdivision 1; 609.035, subdivision 2;
repealing Minnesota Statutes 2008, sections 169A.54, subdivision 11; 169A.55,
subdivision 1; 171.30, subdivision 2c; 171.305, subdivisions 1, 3, 4, 5, 6, 7,
8, 9, 10, 11.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

IMPLIED CONSENT MODIFICATIONS; IGNITION INTERLOCK PROVISIONS

Section 1.

Minnesota Statutes 2009 Supplement, section 169A.275, subdivision 7,
is amended to read:

Subd. 7.

Exception.

deleted text begin (a) deleted text end A judge is not required to sentence a person as provided in
deleted text begin this section deleted text end new text begin subdivisions 1 to 4 new text end if the judge requires the person as a condition of probation
to drive only motor vehicles equipped with an ignition interlock device meeting the
standards described in section 171.306.

deleted text begin (b) This subdivision expires July 1, 2011.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end

Sec. 2.

Minnesota Statutes 2008, section 169A.52, subdivision 3, is amended to read:

Subd. 3.

Test refusal; license revocation.

(a) Upon certification by the peace
officer that there existed probable cause to believe the person had been driving, operating,
or in physical control of a motor vehicle in violation of section 169A.20 (driving while
impaired), and that the person refused to submit to a test, the commissioner shall revoke
the person's license or permit to drive, or nonresident operating privilege, deleted text begin for a period of
one year deleted text end even if a test was obtained pursuant to this section after the person refused to
submit to testing. new text begin The commissioner shall revoke the license, permit, or nonresident
operating privilege:
new text end

new text begin (1) for a person with no qualified prior impaired driving incidents within the past ten
years, for a period of one year;
new text end

new text begin (2) for a person under the age of 21 years and with no qualified prior impaired
driving incidents within the past ten years, for a period of one year;
new text end

new text begin (3) for a person with one qualified prior impaired driving incident within the past
ten years, or two qualified prior impaired driving incidents, for a period of not less than
two years;
new text end

new text begin (4) for a person with two qualified prior impaired driving incidents within the past
ten years, or three qualified prior impaired driving incidents, for a period of not less than
three years;
new text end

new text begin (5) for a person with three qualified prior impaired driving incidents within the past
ten years, for a period of not less than four years; or
new text end

new text begin (6) for a person with four or more qualified prior impaired driving incidents, for a
period of not less than six years.
new text end

(b) Upon certification by the peace officer that there existed probable cause to
believe the person had been driving, operating, or in physical control of a commercial
motor vehicle with the presence of any alcohol in violation of section 169A.20 (driving
while impaired), and that the person refused to submit to a test, the commissioner shall
disqualify the person from operating a commercial motor vehicle and shall revoke the
person's license or permit to drive or nonresident operating privilege according to the
federal regulations adopted by reference in section 171.165, subdivision 2.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end

Sec. 3.

Minnesota Statutes 2008, section 169A.52, subdivision 4, is amended to read:

Subd. 4.

Test failure; license revocation.

(a) Upon certification by the peace
officer that there existed probable cause to believe the person had been driving, operating,
or in physical control of a motor vehicle in violation of section 169A.20 (driving
while impaired) and that the person submitted to a test and the test results indicate an
alcohol concentration of 0.08 or more or the presence of a controlled substance listed in
schedule I or II or its metabolite, other than marijuana or tetrahydrocannabinols, then
the commissioner shall revoke the person's license or permit to drive, or nonresident
operating privilege:

(1) for a period of 90 days new text begin , or, if the test results indicate an alcohol concentration
of 0.15 or more, not less than one year new text end ;

(2) if the person is under the age of 21 years, for a period of six months new text begin or, if the test
results indicate an alcohol concentration of 0.15 or more, not less than one year new text end ;

(3) for a person with deleted text begin a deleted text end new text begin one new text end qualified prior impaired driving incident within the past
ten years, new text begin or two qualified prior impaired driving incidents, new text end for a period of deleted text begin 180 days deleted text end new text begin
not less than two years new text end ; deleted text begin or
deleted text end

(4) deleted text begin if the test results indicate an alcohol concentration of 0.20 or more, for twice
the applicable period in clauses (1) to (3). deleted text end new text begin for a person with two qualified prior impaired
driving incidents within the past ten years, or three qualified prior impaired driving
incidents, for a period of not less than three years;
new text end

new text begin (5) for a person with three qualified prior impaired driving incidents within the past
ten years, for a period of not less than four years; or
new text end

new text begin (6) for a person with four or more qualified prior impaired driving incidents, for a
period of not less than six years.
new text end

(b) On certification by the peace officer that there existed probable cause to believe
the person had been driving, operating, or in physical control of a commercial motor
vehicle with any presence of alcohol and that the person submitted to a test and the
test results indicated an alcohol concentration of 0.04 or more, the commissioner shall
disqualify the person from operating a commercial motor vehicle under section 171.165
(commercial driver's license disqualification).

(c) If the test is of a person's blood or urine by a laboratory operated by the Bureau
of Criminal Apprehension, or authorized by the bureau to conduct the analysis of a blood
or urine sample, the laboratory may directly certify to the commissioner the test results,
and the peace officer shall certify to the commissioner that there existed probable cause to
believe the person had been driving, operating, or in physical control of a motor vehicle
in violation of section 169A.20 and that the person submitted to a test. Upon receipt
of both certifications, the commissioner shall undertake the license actions described
in paragraphs (a) and (b).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end

Sec. 4.

Minnesota Statutes 2009 Supplement, section 169A.54, subdivision 1, is
amended to read:

Subdivision 1.

Revocation periods for DWI convictions.

Except as provided in
subdivision 7, the commissioner shall revoke the driver's license of a person convicted
of violating section 169A.20 (driving while impaired) or an ordinance in conformity
with it, as follows:

(1) for an offense under section 169A.20, subdivision 1 (driving while impaired
crime) deleted text begin : deleted text end new text begin , new text end not less than 30 days;

(2) for an offense under section 169A.20, subdivision 2 (refusal to submit to
chemical test crime) deleted text begin : deleted text end new text begin , new text end not less than 90 days;

(3) for an offense occurring within ten years of a qualified prior impaired driving
incident deleted text begin : deleted text end new text begin , or occurring after two qualified prior impaired driving incidents,
new text end

deleted text begin (i) if the current conviction is for a violation of section 169A.20, subdivision 1, 1a,
1b, or 1c, deleted text end not less than deleted text begin 180 days deleted text end new text begin two years new text end and until the court has certified that treatment
or rehabilitation has been successfully completed where prescribed in accordance with
section 169A.70 (chemical use assessments); deleted text begin or
deleted text end

deleted text begin (ii) if the current conviction is for a violation of section 169A.20, subdivision 2, not
less than one year and until the court has certified that treatment or rehabilitation has been
successfully completed where prescribed in accordance with section 169A.70;
deleted text end

(4) for an offense occurring within ten years of the first of two qualified prior
impaired driving incidents deleted text begin : deleted text end new text begin or occurring after three qualified prior impaired driving
incidents, new text end not less than deleted text begin one year deleted text end new text begin three years new text end , together with denial under section 171.04,
subdivision 1, clause (10), until rehabilitation is established deleted text begin in accordance with deleted text end new text begin according
to new text end standards established by the commissioner; deleted text begin or
deleted text end

(5) for an offense occurring within ten years of the first of three deleted text begin or more deleted text end qualified
prior impaired driving incidents deleted text begin : deleted text end new text begin , new text end not less than deleted text begin two deleted text end new text begin four new text end years, together with denial under
section 171.04, subdivision 1, clause (10), until rehabilitation is established deleted text begin in accordance
with deleted text end new text begin according to new text end standards established by the commissioner new text begin ; or
new text end

new text begin (6) for an offense occurring after four or more qualified prior impaired driving
incidents, not less than six years, together with denial under section 171.04, subdivision
1, clause (10), until rehabilitation is established according to standards established by
the commissioner new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end

Sec. 5.

Minnesota Statutes 2008, section 169A.54, subdivision 2, is amended to read:

Subd. 2.

Driving while impaired by person under age 21.

If the person convicted
of violating section 169A.20 (driving while impaired) is under the age of 21 years at
the time of the violation, the commissioner shall revoke the offender's driver's license
or operating privileges for a period of six months or for the appropriate period of time
under subdivision 1, clauses (1) to deleted text begin (5) deleted text end new text begin (6) new text end , for the offense committed, whichever is the
deleted text begin greatest deleted text end new text begin longer new text end period.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end

Sec. 6.

Minnesota Statutes 2008, section 169A.54, subdivision 5, is amended to read:

Subd. 5.

Violations involving alcohol concentration of deleted text begin 0.20 deleted text end new text begin 0.15 new text end or more.

If the
person new text begin has no qualified prior impaired driving incidents within the past ten years and new text end is
convicted of violating section 169A.20 (driving while impaired) while having an alcohol
concentration of deleted text begin 0.20 deleted text end new text begin 0.15 new text end or more as measured at the time, or within two hours of the
time, of the offense, the commissioner shall revoke the person's driver's license for deleted text begin twice
the period of time otherwise provided for in this section deleted text end new text begin not less than one year new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end

Sec. 7.

Minnesota Statutes 2008, section 169A.55, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Reinstatement of driving privileges; multiple incidents. new text end

new text begin (a) A person
whose driver's license has been canceled or denied as a result of three or more qualified
impaired driving incidents shall not be eligible for reinstatement of driving privileges
without an ignition interlock restriction until the person:
new text end

new text begin (1) has completed rehabilitation according to rules adopted by the commissioner or
been granted a variance from the rules by the commissioner; and
new text end

new text begin (2) has submitted verification of abstinence from alcohol and controlled substances,
as evidenced by the person's use of an ignition interlock device or other chemical
monitoring device approved by the commissioner.
new text end

new text begin (b) The verification of abstinence must show that the person has abstained from the
use of alcohol and controlled substances for a period of not less than:
new text end

new text begin (1) three years, for a person whose driver's license was canceled or denied for an
offense occurring within ten years of the first of two qualified prior impaired driving
incidents, or occurring after three qualified prior impaired driving incidents;
new text end

new text begin (2) four years, for a person whose driver's license was canceled or denied for an
offense occurring within ten years of the first of three qualified prior impaired driving
incidents; or
new text end

new text begin (3) six years, for a person whose driver's license was canceled or denied for an
offense occurring after four or more qualified prior impaired driving incidents.
new text end

new text begin (c) The commissioner shall establish performance standards and a process for
certifying chemical monitoring devices. The standards and procedures are not rules and
are exempt from chapter 14, including section 14.386.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end

Sec. 8.

Minnesota Statutes 2008, section 169A.60, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) As used in this section, the following terms have the
meanings given in this subdivision.

(b) "Family or household member" has the meaning given in section 169A.63,
subdivision 1.

(c) "Motor vehicle" means a self-propelled motor vehicle other than a motorboat in
operation or an off-road recreational vehicle.

(d) "Plate impoundment violation" includes:

(1) a violation of section 169A.20 (driving while impaired) or 169A.52 (license
revocation for test failure or refusal), or deleted text begin a conforming deleted text end new text begin an new text end ordinance from this state or a
deleted text begin conforming deleted text end statute or ordinance from another state new text begin in conformity with either of those
sections new text end , that results in the revocation of a person's driver's license or driving privileges,
within ten years of a qualified prior impaired driving incident;

(2) a license disqualification under section 171.165 (commercial driver's license
disqualification) resulting from a violation of section 169A.52 within ten years of a
qualified prior impaired driving incident;

(3) a violation of section 169A.20 or 169A.52 while having an alcohol concentration
of deleted text begin 0.20 deleted text end new text begin 0.15 new text end or more as measured at the time, or within two hours of the time, of the
offense;

(4) a violation of section 169A.20 or 169A.52 while having a child under the age of
16 in the vehicle if the child is more than 36 months younger than the offender; deleted text begin and deleted text end new text begin or new text end

(5) a violation of section 171.24 (driving without valid license) by a person whose
driver's license or driving privileges have been canceled new text begin or denied new text end under section 171.04,
subdivision 1, clause (10) (persons not eligible for driver's license, inimical to public
safety).

(e) "Violator" means a person who was driving, operating, or in physical control of
the motor vehicle when the plate impoundment violation occurred.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end

Sec. 9.

Minnesota Statutes 2008, section 169A.63, is amended by adding a subdivision
to read:

new text begin Subd. 12. new text end

new text begin Exception. new text end

new text begin This section does not apply if the driver who committed
the designated offense or whose conduct resulted in the designated license revocation
becomes a program participant in the ignition interlock program under section 171.306.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end

Sec. 10.

Minnesota Statutes 2008, section 171.09, is amended to read:

171.09 DRIVING RESTRICTIONS; AUTHORITY, VIOLATIONS.

Subdivision 1.

Authority; violations.

(a) The commissioner, when good cause
appears, may impose restrictions suitable to the licensee's driving ability or other
restrictions applicable to the licensee as the commissioner may determine to be appropriate
to assure the safe operation of a motor vehicle by the licensee.

(b) Pursuant to Code of Federal Regulations, title 49, section 383.95, if an applicant
for a commercial driver's license either does not successfully complete the air brake
component of the knowledge test, or does not successfully complete the skills test
in a vehicle equipped with air brakes as such tests are prescribed in Code of Federal
Regulations, title 49, part 384, the department shall indicate on the class C, class B,
or class A commercial driver's license, if issued, that the individual is restricted from
operating a commercial motor vehicle equipped with air brakes.

(c) Upon receiving satisfactory evidence of any violation of the restrictions on the
license, the commissioner may suspend or revoke the license. A license suspension under
this section is subject to section 171.18, subdivisions 2 and 3.

(d) A person who drives, operates, or is in physical control of a motor vehicle while
in violation of the restrictions imposed in a restricted driver's license issued to that person
under this section is guilty of a crime as follows:

(1) if the restriction relates to the possession or consumption of alcohol or controlled
substances, the person is guilty of a gross misdemeanor; or

(2) if the restriction relates to another matter, the person is guilty of a misdemeanor.

new text begin (e) It is a misdemeanor for a person who holds a restricted license issued under
section 171.306 to drive, operate, or be in physical control of any motor vehicle that is not
equipped with a functioning ignition interlock device certified by the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end

Sec. 11.

Minnesota Statutes 2008, section 171.30, subdivision 1, is amended to read:

Subdivision 1.

Conditions of issuance.

(a) In any case where a person's license
has been suspended under section 171.18, 171.173, or 171.186 deleted text begin , or deleted text end new text begin ; new text end revoked under section
169.792 deleted text begin , deleted text end new text begin ; new text end 169.797 deleted text begin , deleted text end new text begin ; new text end 169A.52, deleted text begin 169A.54, deleted text end new text begin subdivision 3, paragraph (a), clause (1), (2), (4),
(5), or (6), or subdivision 4, paragraph (a), clause (1) or (2), if the test results indicate an
alcohol concentration of less than 0.15, (4), (5), or (6); new text end 171.17 deleted text begin , deleted text end new text begin ; new text end or 171.172 deleted text begin , deleted text end new text begin ; or revoked,
canceled, or denied under section 169A.54, subdivision 1, clause (1), (2), (4), (5), or (6),
or subdivision 2 if the person does not have a qualified prior impaired driving incident as
defined in section 169A.03, subdivision 22, on the person's record, new text end the commissioner may
issue a limited license to the driver including under the following conditions:

(1) if the driver's livelihood or attendance at a chemical dependency treatment or
counseling program depends upon the use of the driver's license;

(2) if the use of a driver's license by a homemaker is necessary to prevent the
substantial disruption of the education, medical, or nutritional needs of the family of
the homemaker; or

(3) if attendance at a postsecondary institution of education by an enrolled student of
that institution depends upon the use of the driver's license.

(b) The commissioner in issuing a limited license may impose such conditions and
limitations as in the commissioner's judgment are necessary to the interests of the public
safety and welfare including reexamination as to the driver's qualifications. The license
may be limited to the operation of particular vehicles, to particular classes and times of
operation, and to particular conditions of traffic. The commissioner may require that an
applicant for a limited license affirmatively demonstrate that use of public transportation
or carpooling as an alternative to a limited license would be a significant hardship.

(c) For purposes of this subdivision, "homemaker" refers to the person primarily
performing the domestic tasks in a household of residents consisting of at least the person
and the person's dependent child or other dependents.

(d) The limited license issued by the commissioner shall clearly indicate the
limitations imposed and the driver operating under the limited license shall have the
license in possession at all times when operating as a driver.

(e) In determining whether to issue a limited license, the commissioner shall
consider the number and the seriousness of prior convictions and the entire driving record
of the driver and shall consider the number of miles driven by the driver annually.

(f) If the person's driver's license or permit to drive has been revoked under
section 169.792 or 169.797, the commissioner may only issue a limited license to the
person after the person has presented an insurance identification card, policy, or written
statement indicating that the driver or owner has insurance coverage satisfactory to
the commissioner of public safety. The commissioner of public safety may require
the insurance identification card provided to satisfy this subdivision be certified by the
insurance company to be noncancelable for a period not to exceed 12 months.

(g) The limited license issued by the commissioner to a person under section
171.186, subdivision 4, must expire 90 days after the date it is issued. The commissioner
must not issue a limited license to a person who previously has been issued a limited
license under section 171.186, subdivision 4.

(h) The commissioner shall not issue a limited driver's license to any person
described in section 171.04, subdivision 1, clause (6), (7), (8), deleted text begin (10), deleted text end (11), or (14).

(i) The commissioner shall not issue a class A, class B, or class C limited license.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end

Sec. 12.

Minnesota Statutes 2008, section 171.30, subdivision 2a, is amended to read:

Subd. 2a.

Other waiting periods.

Notwithstanding subdivision 2, a limited license
shall not be issued for a period of:

(1) 15 days, to a person whose license or privilege has been revoked or suspended
for a violation of section 169A.20, sections 169A.50 to 169A.53, or a statute or ordinance
from another state in conformity with either of those sections; new text begin or
new text end

deleted text begin (2) 90 days, to a person who submitted to testing under sections 169A.50 to 169A.53
if the person's license or privilege has been revoked or suspended for a second violation
within ten years or a third or subsequent violation of section 169A.20, sections 169A.50
to 169A.53, or a statute or ordinance from another state in conformity with either of
those sections;
deleted text end

deleted text begin (3) 180 days, to a person who refused testing under sections 169A.50 to 169A.53
if the person's license or privilege has been revoked or suspended for a second violation
within ten years or a third or subsequent violation of sections 169A.20, 169A.50 to
169A.53, or a statute or ordinance from another state in conformity with either of those
sections; or
deleted text end

deleted text begin (4) deleted text end new text begin (2) new text end one year, to a person whose license or privilege has been revoked or
suspended for committing manslaughter resulting from the operation of a motor vehicle,
committing criminal vehicular homicide or injury under section 609.21, or violating a
statute or ordinance from another state in conformity with either of those offenses.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end

Sec. 13.

Minnesota Statutes 2008, section 171.30, subdivision 4, is amended to read:

Subd. 4.

Penalty.

A person who violates a condition or limitation of a limited
license issued under subdivision 1 or fails to have the license in immediate possession at
all times when operating a motor vehicle is guilty of a misdemeanor. In addition, new text begin except as
otherwise provided in the ignition interlock program under section 171.306, new text end a person who
violates a condition or limitation of a limited license may not operate a motor vehicle for
the remainder of the period of suspension or revocation, or 30 days, whichever is longer.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end

Sec. 14.

Minnesota Statutes 2008, section 171.306, as amended by Laws 2009, chapter
29, sections 2 and 3, is amended to read:

171.306 IGNITION INTERLOCK DEVICE deleted text begin PILOT PROJECT deleted text end new text begin PROGRAM new text end .

Subdivision 1.

deleted text begin Pilot project established; reports deleted text end new text begin Definitions new text end .

deleted text begin The commissioner
shall conduct a statewide two-year ignition interlock device pilot project as provided
in this section. The pilot project must begin on July 1, 2009, and continue until June
30, 2011. The commissioner shall submit a preliminary report by September 30, 2010,
and a final report by September 30, 2011, to the chairs and ranking minority members
of the senate and house of representatives committees having jurisdiction over criminal
justice policy and funding. The reports must evaluate the successes and failures of the
pilot project, provide information on participation rates, and make recommendations on
continuing the project. deleted text end new text begin (a) As used in this section, the terms in this subdivision have
the meanings given them.
new text end

new text begin (b) "Ignition interlock device" or "device" means equipment that is designed to
measure breath alcohol concentration and to prevent a motor vehicle's ignition from being
started by a person whose breath alcohol concentration measures 0.02 or higher on the
equipment.
new text end

new text begin (c) "Program participant" means a person whose driver's license has been revoked,
canceled, or denied under section 169A.52 or 169A.54, and who has qualified to take part
in the ignition interlock program under this section.
new text end

new text begin (d) "Qualified prior impaired driving incident" has the meaning given in section
169A.03, subdivision 22.
new text end

Subd. 2.

Performance standards; certification.

The commissioner shall
deleted text begin determine appropriate deleted text end new text begin establish new text end performance standards and a deleted text begin certification deleted text end process for
deleted text begin ignition interlock deleted text end new text begin certifying new text end devices deleted text begin for deleted text end new text begin used in new text end the deleted text begin pilot project. Only devices certified
by the commissioner as meeting the performance standards may be used in the pilot
project. deleted text end new text begin ignition interlock program. The manufacturer of a device must apply annually
for certification of the device by submitting the form prescribed by the commissioner.
The commissioner shall require manufacturers of certified devices to provide device
installation, servicing, and monitoring to indigent program participants at a discounted
rate, according to the standards established by the commissioner.
new text end

Subd. 3.

deleted text begin Pilot project components deleted text end new text begin Program requirements new text end .

(a) deleted text begin Under the pilot
project, the commissioner shall issue a driver's license to an individual whose driver's
license has been revoked under chapter 169A for an impaired driving incident if the
person qualifies under this section and agrees to all of the conditions of the project. deleted text end new text begin The
commissioner shall establish guidelines for participation in the ignition interlock program.
A person who seeks to participate in the program shall sign a written acknowledgment that
the person has received, reviewed, and agreed to abide by the program guidelines.
new text end

(b) The commissioner must deleted text begin denote the person's driver's license deleted text end new text begin enter a notation
on a person's driving new text end record to indicate new text begin that new text end the deleted text begin person's participation in the deleted text end new text begin person is a new text end
program new text begin participant new text end . deleted text begin The license must authorize the person to drive only vehicles having
functioning ignition interlock devices conforming with the requirements of subdivision 2.
deleted text end

(c) deleted text begin Notwithstanding any statute or rule to the contrary, the commissioner has
authority to and shall determine the appropriate period for which a person participating
in the ignition interlock pilot program shall be subject to this program, and when the
person is eligible to be issued: deleted text end new text begin A person under the age of 18 years is not eligible to be a
program participant.
new text end

deleted text begin (1) a limited driver's license subject to the ignition interlock restriction;
deleted text end

deleted text begin (2) full driving privileges subject to the ignition interlock restriction; and
deleted text end

deleted text begin (3) a driver's license without an ignition interlock restriction.
deleted text end

(d) new text begin A program participant shall pay costs associated with an ignition interlock device
on every motor vehicle that the participant operates or intends to operate.
new text end

new text begin (e) new text end A deleted text begin person participating in this pilot project deleted text end new text begin program participant new text end shall deleted text begin agree to deleted text end
participate in any treatment recommended deleted text begin by deleted text end new text begin in new text end a chemical use assessment new text begin report new text end .

deleted text begin (e) The commissioner shall determine guidelines for participation in the project.
A person participating in the project shall sign a written agreement accepting these
guidelines and agreeing to comply with them.
deleted text end

(f) deleted text begin It is a misdemeanor for a person who is licensed under this section for driving
a vehicle equipped with an ignition interlock device to drive, operate, or be in physical
control of a motor vehicle other than a vehicle properly equipped with an deleted text end new text begin A program
participant shall bring the device-equipped motor vehicle or vehicles operated by the
program participant to an approved service provider for device calibration and servicing
according to the schedule established by the commissioner and as indicated by the new text end ignition
interlock device.

new text begin Subd. 4. new text end

new text begin Issuance of restricted license. new text end

new text begin (a) The commissioner shall issue a class
D driver's license, subject to the applicable limitations and restrictions of this section,
to a program participant who meets the requirements of this section and the program
guidelines. The commissioner shall not issue a license unless the program participant has
provided satisfactory proof that a certified ignition interlock device has been installed on
the participant's motor vehicle at an installation service center designated by the device's
manufacturer. A license issued under authority of this section must contain a restriction
prohibiting the program participant from driving, operating, or being in physical control of
any motor vehicle not equipped with a functioning ignition interlock device certified by
the commissioner. A participant may drive an employer-owned vehicle not equipped with
an interlock device while in the normal course and scope of employment duties pursuant
to the program guidelines established by the commissioner and with the employer's
written consent.
new text end

new text begin (b) A program participant whose driver's license has been revoked under section
169A.52, subdivision 3, paragraph (a), clause (1), (2), or (3), or subdivision 4, paragraph
(a), clause (1), (2), or (3), or section 169A.54, subdivision 1, clause (1), (2), or (3), may
apply for conditional reinstatement of the driver's license, subject to the ignition interlock
restriction.
new text end

new text begin (c) A program participant whose driver's license has been revoked, canceled, or
denied under section 169A.52, subdivision 3, paragraph (a), clause (4), (5), or (6), or
subdivision 4, paragraph (a), clause (4), (5), or (6), or section 169A.54, subdivision 1,
clause (4), (5), or (6), may apply for a limited license, subject to the ignition interlock
restriction, if the program participant is enrolled in a licensed chemical dependency
treatment or rehabilitation program as recommended in a chemical use assessment,
and if the participant meets the other applicable requirements of section 171.30. After
completing a licensed chemical dependency treatment or rehabilitation program and
one year of limited license use without violating the ignition interlock restriction, the
conditions of limited license use, or program guidelines, the participant may apply
for conditional reinstatement of the driver's license, subject to the ignition interlock
restriction. If the program participant's ignition interlock device subsequently registers
a positive breath alcohol concentration of 0.02 or higher, the commissioner shall cancel
the driver's license, and the program participant may apply for another limited license
according to this paragraph.
new text end

new text begin (d) Notwithstanding any statute or rule to the contrary, the commissioner has
authority to determine when a program participant is eligible for restoration of full driving
privileges, except that the commissioner shall not reinstate full driving privileges until the
program participant has met all applicable prerequisites for reinstatement under section
169A.55 and until the program participant's device has registered no positive breath
alcohol concentrations of 0.02 or higher during the preceding 90 days.
new text end

new text begin Subd. 5. new text end

new text begin Penalties; program violations. new text end

new text begin (a) If a program participant tampers
with, circumvents, or bypasses a device; drives, operates, or exercises physical control
over a motor vehicle not equipped with a device certified by the commissioner; violates a
condition of a limited license issued under subdivision 4 and section 171.30; or violates
the program guidelines of subdivision 2, the commissioner shall extend the person's
revocation period under section 169A.52 or 169A.54 by:
new text end

new text begin (1) 180 days for a first violation;
new text end

new text begin (2) one year for a second violation; or
new text end

new text begin (3) 545 days for a third and each subsequent violation.
new text end

new text begin (b) Notwithstanding paragraph (a), the commissioner may terminate participation
in the program by any person when, in the commissioner's judgment, termination is
necessary to the interests of public safety and welfare. In the event of termination, the
commissioner shall not reduce the applicable revocation period under section 169A.52 or
169A.54 by the amount of time during which the person possessed a limited or restricted
driver's license issued under the authority of subdivision 4.
new text end

new text begin Subd. 6. new text end

new text begin Penalties; tampering. new text end

new text begin (a) A person who knowingly lends, rents, or
leases a motor vehicle that is not equipped with a functioning ignition interlock device
certified by the commissioner to a person with a license issued under this section is guilty
of a misdemeanor.
new text end

new text begin (b) A person who tampers with, circumvents, or bypasses the ignition interlock
device, or assists another to tamper with, circumvent, or bypass the device, is guilty of a
misdemeanor.
new text end

new text begin (c) The penalties of this subdivision do not apply if the action was taken for
emergency purposes or for mechanical repair, and the person limited to the use of an
ignition interlock device does not operate the motor vehicle while the device is disengaged.
new text end

new text begin Subd. 7. new text end

new text begin Rulemaking. new text end

new text begin In establishing the performance standards and certification
process of subdivision 1 and the program guidelines of subdivision 2, the commissioner
is exempt from chapter 14, including section 14.386. If rules are otherwise necessary to
implement this section, the commissioner may adopt, amend, and repeal rules using the
exempt procedures of section 14.386, except that paragraph (b) shall not apply.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Subdivisions 1 to 6 are effective July 1, 2011. Subdivision 7
is effective August 1, 2010.
new text end

Sec. 15.

Minnesota Statutes 2008, section 609.131, subdivision 2, is amended to read:

Subd. 2.

Certain violations excepted.

Subdivision 1 does not apply to a
misdemeanor violation of section 169A.20; new text begin 171.09, subdivision 1, paragraph (e); 171.306,
subdivision 6; new text end 609.224; 609.2242; 609.226; 609.324, subdivision 3; 609.52; or 617.23,
or an ordinance that conforms in substantial part to any of those sections. A violation
described in this subdivision must be treated as a misdemeanor unless the defendant
consents to the certification of the violation as a petty misdemeanor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end

Sec. 16. new text begin RULEMAKING.
new text end

new text begin The commissioner may adopt, amend, or repeal rules as needed to administer
Minnesota Statutes, section 169A.55, subdivision 4, using the exempt procedures of
Minnesota Statutes, section 14.386, except that paragraph (b) shall not apply.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010.
new text end

Sec. 17. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 169A.54, subdivision 11; 169A.55, subdivision
1; 171.30, subdivision 2c; and 171.305, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, 10, and 11, new text end new text begin are
repealed effective July 1, 2011.
new text end

ARTICLE 2

PROHIBITION ON THE USE OF DWI DRIVER'S LICENSE REVOCATIONS
TO ENHANCE DWI PENALTIES

Section 1.

Minnesota Statutes 2008, section 169A.03, subdivision 3, is amended to
read:

Subd. 3.

Aggravating factor.

"Aggravating factor" includes:

(1) a deleted text begin qualified deleted text end prior impaired driving deleted text begin incident deleted text end new text begin conviction new text end within the ten years
immediately preceding the current offense;

(2) having an alcohol concentration of 0.20 or more as measured at the time, or
within two hours of the time, of the offense; or

(3) having a child under the age of 16 in the motor vehicle at the time of the offense
if the child is more than 36 months younger than the offender.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2008, section 169A.095, is amended to read:

169A.095 DETERMINING NUMBER OF AGGRAVATING FACTORS.

When determining the number of aggravating factors present for purposes of this
chapter, subject to section 169A.09 (sanctions for prior behavior to be based on separate
courses of conduct), each deleted text begin qualified deleted text end prior impaired driving deleted text begin incident deleted text end new text begin conviction new text end within the
ten years immediately preceding the current offense is counted as a separate aggravating
factor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2008, section 169A.24, subdivision 1, is amended to read:

Subdivision 1.

Degree described.

A person who violates section 169A.20 (driving
while impaired) is guilty of first-degree driving while impaired if the person:

(1) commits the violation within ten years of the first of three or more deleted text begin qualified deleted text end
prior impaired driving deleted text begin incidents deleted text end new text begin convictions new text end ;

(2) has previously been convicted of a felony under this section; or

(3) has previously been convicted of a felony under section 609.21, subdivision
1, clause (2), (3), (4), (5), or (6).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2008, section 169A.275, subdivision 1, is amended to read:

Subdivision 1.

Second offense.

(a) The court shall sentence a person who is
convicted of a violation of section 169A.20 (driving while impaired) within ten years of a
deleted text begin qualified deleted text end prior impaired driving deleted text begin incident deleted text end new text begin conviction new text end to either:

(1) a minimum of 30 days of incarceration, at least 48 hours of which must be
served in a local correctional facility; or

(2) eight hours of community work service for each day less than 30 days that the
person is ordered to serve in a local correctional facility.

Notwithstanding section 609.135 (stay of imposition or execution of sentence), the
penalties in this paragraph must be executed, unless the court departs from the mandatory
minimum sentence under paragraph (b) or (c).

(b) Prior to sentencing, the prosecutor may file a motion to have a defendant
described in paragraph (a) sentenced without regard to the mandatory minimum sentence
established by that paragraph. The motion must be accompanied by a statement on the
record of the reasons for it. When presented with the prosecutor's motion and if it finds
that substantial mitigating factors exist, the court shall sentence the defendant without
regard to the mandatory minimum sentence established by paragraph (a).

(c) The court may, on its own motion, sentence a defendant described in paragraph
(a) without regard to the mandatory minimum sentence established by that paragraph
if it finds that substantial mitigating factors exist and if its sentencing departure is
accompanied by a statement on the record of the reasons for it. The court also may
sentence the defendant without regard to the mandatory minimum sentence established
by paragraph (a) if the defendant is sentenced to probation and ordered to participate in
a program established under section 169A.74 (pilot programs of intensive probation for
repeat DWI offenders).

(d) When any portion of the sentence required by paragraph (a) is not executed, the
court should impose a sentence that is proportional to the extent of the offender's prior
criminal and moving traffic violation record. Any sentence required under paragraph (a)
must include a mandatory sentence that is not subject to suspension or a stay of imposition
or execution, and that includes incarceration for not less than 48 hours or at least 80
hours of community work service.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2008, section 169A.275, subdivision 2, is amended to read:

Subd. 2.

Third offense.

(a) The court shall sentence a person who is convicted of a
violation of section 169A.20 (driving while impaired) within ten years of the first of two
deleted text begin qualified deleted text end prior impaired driving deleted text begin incidents deleted text end new text begin convictions new text end to either:

(1) a minimum of 90 days of incarceration, at least 30 days of which must be served
consecutively in a local correctional facility; or

(2) a program of intensive supervision of the type described in section 169A.74
(pilot programs of intensive probation for repeat DWI offenders) that requires the person
to consecutively serve at least six days in a local correctional facility.

(b) The court may order that the person serve not more than 60 days of the minimum
penalty under paragraph (a), clause (1), on home detention or in an intensive probation
program described in section 169A.74.

(c) Notwithstanding section 609.135, the penalties in this subdivision must be
imposed and executed.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010, and applies to crimes
committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2008, section 169A.275, subdivision 3, is amended to read:

Subd. 3.

Fourth offense.

(a) Unless the court commits the person to the custody of
the commissioner of corrections as provided in section 169A.276 (mandatory penalties;
felony violations), the court shall sentence a person who is convicted of a violation of
section 169A.20 (driving while impaired) within ten years of the first of three deleted text begin qualified deleted text end
prior impaired driving deleted text begin incidents deleted text end new text begin convictions new text end to either:

(1) a minimum of 180 days of incarceration, at least 30 days of which must be served
consecutively in a local correctional facility;

(2) a program of intensive supervision of the type described in section 169A.74
(pilot programs of intensive probation for repeat DWI offenders) that requires the person
to consecutively serve at least six days in a local correctional facility; or

(3) a program of staggered sentencing involving a minimum of 180 days of
incarceration, at least 30 days of which must be served consecutively in a local
correctional facility.

(b) The court may order that the person serve not more than 150 days of the
minimum penalty under paragraph (a), clause (1), on home detention or in an intensive
probation program described in section 169A.74. Notwithstanding section 609.135, the
penalties in this subdivision must be imposed and executed.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010, and applies to crimes
committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2008, section 169A.275, subdivision 4, is amended to read:

Subd. 4.

Fifth offense or more.

(a) Unless the court commits the person to the
custody of the commissioner of corrections as provided in section 169A.276 (mandatory
penalties; felony violations), the court shall sentence a person who is convicted of a
violation of section 169A.20 (driving while impaired) within ten years of the first of four
or more deleted text begin qualified deleted text end prior impaired driving deleted text begin incidents deleted text end new text begin convictions new text end to either:

(1) a minimum of one year of incarceration, at least 60 days of which must be served
consecutively in a local correctional facility;

(2) a program of intensive supervision of the type described in section 169A.74
(pilot programs of intensive probation for repeat DWI offenders) that requires the person
to consecutively serve at least six days in a local correctional facility; or

(3) a program of staggered sentencing involving a minimum of one year of
incarceration, at least 60 days of which must be served consecutively in a local
correctional facility.

(b) The court may order that the person serve the remainder of the minimum penalty
under paragraph (a), clause (1), on intensive probation using an electronic monitoring
system or, if such a system is unavailable, on home detention. Notwithstanding section
609.135, the penalties in this subdivision must be imposed and executed.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010, and applies to crimes
committed on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2008, section 169A.275, subdivision 5, is amended to read:

Subd. 5.

Level of care recommended in chemical use assessment.

Unless the
court commits the person to the custody of the commissioner of corrections as provided in
section 169A.276 (mandatory penalties; felony violations), in addition to other penalties
required under this section, the court shall order a person to submit to the level of care
recommended in the chemical use assessment conducted under section 169A.70 (alcohol
safety program; chemical use assessments) if the person is convicted of violating section
169A.20 (driving while impaired) while having an alcohol concentration of 0.20 or
more as measured at the time, or within two hours of the time, of the offense or if the
violation occurs within ten years of one or more deleted text begin qualified deleted text end prior impaired driving deleted text begin incidents deleted text end new text begin
convictions new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010, and applies to crimes
committed on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2008, section 169A.28, subdivision 1, is amended to read:

Subdivision 1.

Mandatory consecutive sentences.

(a) The court shall impose
consecutive sentences when it sentences a person for:

(1) violations of section 169A.20 (driving while impaired) arising out of separate
courses of conduct;

(2) a violation of section 169A.20 when the person, at the time of sentencing, is
on probation for, or serving, an executed sentence for a violation of section 169A.20
or Minnesota Statutes 1998, section 169.121 (driver under the influence of alcohol or
controlled substance) or 169.129 (aggravated DWI-related violations; penalty), and the
prior sentence involved a separate course of conduct; or

(3) a violation of section 169A.20 and another offense arising out of a single course
of conduct that is listed in subdivision 2, paragraph (e), when the person has five or more
deleted text begin qualified deleted text end prior impaired driving deleted text begin incidents deleted text end new text begin convictions new text end within the past ten years.

(b) The requirement for consecutive sentencing in paragraph (a) does not apply if the
person is being sentenced to an executed prison term for a violation of section 169A.20
(driving while impaired) under circumstances described in section 169A.24 (first-degree
driving while impaired).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010, and applies to crimes
committed on or after that date.
new text end

Sec. 10.

Minnesota Statutes 2008, section 169A.31, subdivision 2, is amended to read:

Subd. 2.

Gross misdemeanor alcohol-related school bus or Head Start
bus driving.

A person who violates subdivision 1 is guilty of gross misdemeanor
alcohol-related school bus or Head Start bus driving if:

(1) the violation occurs while a child under the age of 16 is in the vehicle, if the child
is more than 36 months younger than the violator; or

(2) the violation occurs within ten years of a deleted text begin qualified deleted text end prior impaired driving
deleted text begin incident deleted text end new text begin conviction new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010, and applies to crimes
committed on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2008, section 169A.44, subdivision 2, is amended to read:

Subd. 2.

Felony violations.

(a) A person charged with violating section 169A.20
within ten years of the first of three or more deleted text begin qualified deleted text end prior impaired driving deleted text begin incidents deleted text end
new text begin convictions new text end may be released from detention only if the following conditions are imposed:

(1) the conditions described in subdivision 1, paragraph (b), if applicable;

(2) the impoundment of the registration plates of the vehicle used to commit the
violation, unless already impounded;

(3) if the vehicle used to commit the violation was an off-road recreational vehicle
or a motorboat, the impoundment of the off-road recreational vehicle or motorboat;

(4) a requirement that the person report weekly to a probation agent;

(5) a requirement that the person abstain from consumption of alcohol and controlled
substances and submit to random alcohol tests or urine analyses at least weekly;

(6) a requirement that, if convicted, the person reimburse the court or county for the
total cost of these services; and

(7) any other conditions of release ordered by the court.

(b) In addition to setting forth conditions of release under paragraph (a), if required
by court rule, the court shall also fix the amount of money bail without other conditions
upon which the defendant may obtain release.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010, and applies to crimes
committed on or after that date.
new text end

Sec. 12.

Minnesota Statutes 2008, section 169A.63, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) As used in this section, the following terms have
the meanings given them.

(b) "Appropriate agency" means a law enforcement agency that has the authority to
make an arrest for a violation of a designated offense or to require a test under section
169A.51 (chemical tests for intoxication).

(c) "Claimant" means an owner of a motor vehicle or a person claiming a leasehold
or security interest in a motor vehicle.

deleted text begin (d) "Designated license revocation" includes a license revocation under section
169A.52 (license revocation for test failure or refusal) or a license disqualification under
section 171.165 (commercial driver's license disqualification) resulting from a violation
of section 169A.52; within ten years of the first of two or more qualified prior impaired
driving incidents. deleted text end

deleted text begin (e) deleted text end new text begin (d) new text end "Designated offense" includes:

(1) a violation of section 169A.20 (driving while impaired) under the circumstances
described in section 169A.24 (first-degree driving while impaired), or 169A.25
(second-degree driving while impaired); or

(2) a violation of section 169A.20 or an ordinance in conformity with it:

(i) by a person whose driver's license or driving privileges have been canceled
as inimical to public safety under section 171.04, subdivision 1, clause (10), and not
reinstated; or

(ii) by a person who is subject to a restriction on the person's driver's license under
section 171.09 (commissioner's license restrictions), which provides that the person may
not use or consume any amount of alcohol or a controlled substance.

deleted text begin (f) deleted text end new text begin (e) new text end "Family or household member" means:

(1) a parent, stepparent, or guardian;

(2) any of the following persons related by blood, marriage, or adoption: brother,
sister, stepbrother, stepsister, first cousin, aunt, uncle, nephew, niece, grandparent,
great-grandparent, great-uncle, great-aunt; or

(3) persons residing together or persons who regularly associate and communicate
with one another outside of a workplace setting.

deleted text begin (g) deleted text end new text begin (f) new text end "Motor vehicle" and "vehicle" do not include a vehicle which is stolen
or taken in violation of the law.

deleted text begin (h) deleted text end new text begin (g) new text end "Owner" means a person legally entitled to possession, use, and control of
a motor vehicle, including a lessee of a motor vehicle if the lease agreement has a term
of 180 days or more. There is a rebuttable presumption that a person registered as the
owner of a motor vehicle according to the records of the Department of Public Safety
is the legal owner. For purposes of this section, if a motor vehicle is owned jointly by
two or more people, each owner's interest extends to the whole of the vehicle and is not
subject to apportionment.

deleted text begin (i) deleted text end new text begin (h) new text end "Prosecuting authority" means the attorney in the jurisdiction in which the
designated offense occurred who is responsible for prosecuting violations of a designated
offense or a designee. If a state agency initiated the forfeiture, and the attorney responsible
for prosecuting the designated offense declines to pursue forfeiture, the Attorney General's
Office or its designee may initiate forfeiture under this section.

deleted text begin (j) deleted text end new text begin (i) new text end "Security interest" means a bona fide security interest perfected according to
section 168A.17, subdivision 2, based on a loan or other financing that, if a vehicle is
required to be registered under chapter 168, is listed on the vehicle's title.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010, and applies to crimes
committed on or after that date.
new text end

Sec. 13.

Minnesota Statutes 2008, section 169A.63, subdivision 3, is amended to read:

Subd. 3.

Right to possession vests immediately; custody.

All right, title, and
interest in a vehicle subject to forfeiture under this section vests in the appropriate agency
upon commission of the conduct resulting in the designated offense deleted text begin or designated license
revocation deleted text end giving rise to the forfeiture. Any vehicle seized under this section is not subject
to replevin, but is deemed to be in the custody of the appropriate agency subject to the
orders and decrees of the court having jurisdiction over the forfeiture proceedings. When
a vehicle is seized under this section, the appropriate agency may:

(1) place the vehicle under seal;

(2) remove the vehicle to a place designated by it;

(3) place a disabling device on the vehicle; and

(4) take other steps reasonable and necessary to secure the vehicle and prevent waste.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010, and applies to crimes
committed on or after that date.
new text end

Sec. 14.

Minnesota Statutes 2008, section 169A.63, subdivision 5, is amended to read:

Subd. 5.

Evidence.

Certified copies of court records and motor vehicle and
driver's license records concerning deleted text begin qualified deleted text end prior impaired driving deleted text begin incidents deleted text end new text begin convictions
new text end are admissible as substantive evidence where necessary to prove the commission of a
designated offense deleted text begin or the occurrence of a designated license revocation deleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010, and applies to crimes
committed on or after that date.
new text end

Sec. 15.

Minnesota Statutes 2008, section 169A.63, subdivision 6, is amended to read:

Subd. 6.

Vehicle subject to forfeiture.

(a) A motor vehicle is subject to forfeiture
under this section if it was used in the commission of a designated offense deleted text begin or was used in
conduct resulting in a designated license revocation deleted text end .

(b) Motorboats subject to seizure and forfeiture under this section also include
their trailers.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010, and applies to crimes
committed on or after that date.
new text end

Sec. 16.

Minnesota Statutes 2008, section 169A.63, subdivision 7, is amended to read:

Subd. 7.

Limitations on vehicle forfeiture.

(a) A vehicle is presumed subject to
forfeiture under this section if:

(1) the driver is convicted of the designated offense upon which the forfeiture is
based; new text begin or
new text end

(2) the driver fails to appear for a scheduled court appearance with respect to the
designated offense charged and fails to voluntarily surrender within 48 hours after the
time required for appearance deleted text begin ; or deleted text end new text begin .
new text end

deleted text begin (3) the driver's conduct results in a designated license revocation and the driver
fails to seek judicial review of the revocation in a timely manner as required by section
169A.53, subdivision 2, (petition for judicial review), or the license revocation is judicially
reviewed and sustained under section 169A.53, subdivision 2. deleted text end

(b) A vehicle encumbered by a security interest perfected according to section
168A.17, subdivision 2, or subject to a lease that has a term of 180 days or more, is subject
to the interest of the secured party or lessor unless the party or lessor had knowledge of or
consented to the act upon which the forfeiture is based. However, when the proceeds of the
sale of a seized vehicle do not equal or exceed the outstanding loan balance, the appropriate
agency shall remit all proceeds of the sale to the secured party after deducting the agency's
costs for the seizure, tow, storage, forfeiture, and sale of the vehicle. If the sale of the
vehicle is conducted in a commercially reasonable manner consistent with the provisions
of section 336.9-610, the agency is not liable to the secured party for any amount owed on
the loan in excess of the sale proceeds. The validity and amount of a nonperfected security
interest must be established by its holder by clear and convincing evidence.

(c) Notwithstanding paragraph (b), the secured party's or lessor's interest in a vehicle
is not subject to forfeiture based solely on the secured party's or lessor's knowledge of
the act or omission upon which the forfeiture is based if the secured party or lessor
demonstrates by clear and convincing evidence that the party or lessor took reasonable
steps to terminate use of the vehicle by the offender.

(d) A motor vehicle is not subject to forfeiture under this section if its owner can
demonstrate by clear and convincing evidence that the owner did not have actual or
constructive knowledge that the vehicle would be used or operated in any manner contrary
to law or that the owner took reasonable steps to prevent use of the vehicle by the offender.
If the offender is a family or household member of the owner and has three or more prior
impaired driving convictions, the owner is presumed to know of any vehicle use by the
offender that is contrary to law. "Vehicle use contrary to law" includes, but is not limited
to, violations of the following statutes:

(1) section 171.24 (violations; driving without valid license);

(2) section 169.791 (criminal penalty for failure to produce proof of insurance);

(3) section 171.09 (driving restrictions; authority, violations);

(4) section 169A.20 (driving while impaired);

(5) section 169A.33 (underage drinking and driving); and

(6) section 169A.35 (open bottle law).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010, and applies to crimes
committed on or after that date.
new text end

Sec. 17.

Minnesota Statutes 2008, section 169A.63, subdivision 8, is amended to read:

Subd. 8.

Administrative forfeiture procedure.

(a) A motor vehicle used to commit
a designated offense deleted text begin or used in conduct resulting in a designated license revocation deleted text end is
subject to administrative forfeiture under this subdivision.

(b) When a motor vehicle is seized under subdivision 2, or within a reasonable time
after seizure, the appropriate agency shall serve the driver or operator of the vehicle with a
notice of the seizure and intent to forfeit the vehicle. Additionally, when a motor vehicle is
seized under subdivision 2, or within a reasonable time after that, all persons known to
have an ownership, possessory, or security interest in the vehicle must be notified of the
seizure and the intent to forfeit the vehicle. For those vehicles required to be registered
under chapter 168, the notification to a person known to have a security interest in the
vehicle is required only if the vehicle is registered under chapter 168 and the interest
is listed on the vehicle's title. Notice mailed by certified mail to the address shown
in Department of Public Safety records is sufficient notice to the registered owner of
the vehicle. For motor vehicles not required to be registered under chapter 168, notice
mailed by certified mail to the address shown in the applicable filing or registration for
the vehicle is sufficient notice to a person known to have an ownership, possessory, or
security interest in the vehicle. Otherwise, notice may be given in the manner provided by
law for service of a summons in a civil action.

(c) The notice must be in writing and contain:

(1) a description of the vehicle seized;

(2) the date of seizure; and

(3) notice of the right to obtain judicial review of the forfeiture and of the procedure
for obtaining that judicial review, printed in English, Hmong, and Spanish. Substantially
the following language must appear conspicuously: "IF YOU DO NOT DEMAND
JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA STATUTES,
SECTION 169A.63, SUBDIVISION 8, YOU LOSE THE RIGHT TO A JUDICIAL
DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY RIGHT YOU
MAY HAVE TO THE ABOVE-DESCRIBED PROPERTY. YOU MAY NOT HAVE TO
PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE UNABLE
TO AFFORD THE FEE. IF THE PROPERTY IS WORTH $7,500 OR LESS, YOU MAY
FILE YOUR CLAIM IN CONCILIATION COURT. YOU DO NOT HAVE TO PAY
THE CONCILIATION COURT FILING FEE IF THE PROPERTY IS WORTH LESS
THAN $500."

(d) Within 30 days following service of a notice of seizure and forfeiture under this
subdivision, a claimant may file a demand for a judicial determination of the forfeiture.
The demand must be in the form of a civil complaint and must be filed with the court
administrator in the county in which the seizure occurred, together with proof of service of
a copy of the complaint on the prosecuting authority having jurisdiction over the forfeiture
and the appropriate agency that initiated the forfeiture, including the standard filing fee
for civil actions unless the petitioner has the right to sue in forma pauperis under section
563.01. If the value of the seized property is $7,500 or less, the claimant may file an
action in conciliation court for recovery of the seized vehicle. A copy of the conciliation
court statement of claim must be served personally or by mail on the prosecuting authority
having jurisdiction over the forfeiture, as well as on the appropriate agency that initiated
the forfeiture, within 30 days following service of the notice of seizure and forfeiture
under this subdivision. If the value of the seized property is less than $500, the claimant
does not have to pay the conciliation court filing fee.

No responsive pleading is required of the prosecuting authority and no court fees
may be charged for the prosecuting authority's appearance in the matter. The prosecuting
authority may appear for the appropriate agency. Pleadings, filings, and methods of
service are governed by the Rules of Civil Procedure.

(e) The complaint must be captioned in the name of the claimant as plaintiff and
the seized vehicle as defendant, and must state with specificity the grounds on which the
claimant alleges the vehicle was improperly seized, the claimant's interest in the vehicle
seized, and any affirmative defenses the claimant may have. Notwithstanding any law
to the contrary, an action for the return of a vehicle seized under this section may not be
maintained by or on behalf of any person who has been served with a notice of seizure and
forfeiture unless the person has complied with this subdivision.

(f) If the claimant makes a timely demand for a judicial determination under this
subdivision, the forfeiture proceedings must be conducted as provided under subdivision 9.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010, and applies to crimes
committed on or after that date.
new text end

Sec. 18.

Minnesota Statutes 2008, section 169A.63, subdivision 9, is amended to read:

Subd. 9.

Judicial forfeiture procedure.

(a) This subdivision governs judicial
determinations of the forfeiture of a motor vehicle used to commit a designated offense
deleted text begin or used in conduct resulting in a designated license revocation deleted text end . An action for forfeiture is
a civil in rem action and is independent of any criminal prosecution. All proceedings are
governed by the Rules of Civil Procedure.

(b) If no demand for judicial determination of the forfeiture is pending, the
prosecuting authority may, in the name of the jurisdiction pursuing the forfeiture, file a
separate complaint against the vehicle, describing it, specifying that it was used in the
commission of a designated offense deleted text begin or was used in conduct resulting in a designated
license revocation deleted text end , and specifying the time and place of its unlawful use.

(c) The prosecuting authority may file an answer to a properly served demand
for judicial determination, including an affirmative counterclaim for forfeiture. The
prosecuting authority is not required to file an answer.

(d) A judicial determination under this subdivision must not precede adjudication in
the criminal prosecution of the designated offense without the consent of the prosecuting
authority. The district court administrator shall schedule the hearing as soon as practicable
after adjudication in the criminal prosecution. The district court administrator shall
establish procedures to ensure efficient compliance with this subdivision. The hearing is
to the court without a jury.

(e) There is a presumption that a vehicle seized under this section is subject
to forfeiture if the prosecuting authority establishes that the vehicle was used in the
commission of a designated offense deleted text begin or designated license revocation deleted text end . A claimant bears the
burden of proving any affirmative defense raised.

(f) If the forfeiture is based on the commission of a designated offense and the person
charged with the designated offense appears in court as required and is not convicted of
the offense, the court shall order the property returned to the person legally entitled to
it upon that person's compliance with the redemption requirements of section 169A.42.
deleted text begin If the forfeiture is based on a designated license revocation, and the license revocation is
rescinded under section 169A.53, subdivision 3 (judicial review hearing, issues, order,
appeal), the court shall order the property returned to the person legally entitled to it upon
that person's compliance with the redemption requirements of section 169A.42. deleted text end

(g) If the lawful ownership of the vehicle used in the commission of a designated
offense deleted text begin or used in conduct resulting in a designated license revocation deleted text end can be determined
and the owner makes the demonstration required under subdivision 7, paragraph (d), the
vehicle must be returned immediately upon the owner's compliance with the redemption
requirements of section 169A.42.

(h) If the court orders the return of a seized vehicle under this subdivision it must
order that filing fees be reimbursed to the person who filed the demand for judicial
determination. In addition, the court may order sanctions under section 549.211 (sanctions
in civil actions). Any reimbursement fees or sanctions must be paid from other forfeiture
proceeds of the law enforcement agency and prosecuting authority involved and in the
same proportion as distributed under subdivision 10, paragraph (b).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010, and applies to crimes
committed on or after that date.
new text end

Sec. 19.

Minnesota Statutes 2009 Supplement, section 609.035, subdivision 2, is
amended to read:

Subd. 2.

Consecutive sentences.

(a) When a person is being sentenced for a
violation of a provision listed in paragraph (e), the court may sentence the person to a
consecutive term of imprisonment for a violation of any other provision listed in paragraph
(e), notwithstanding the fact that the offenses arose out of the same course of conduct,
subject to the limitation on consecutive sentences contained in section 609.15, subdivision
2, and except as provided in paragraphs (b), (c), and (f).

(b) When a person is being sentenced for a violation of section 171.09, 171.20,
171.24, or 171.30, the court may not impose a consecutive sentence for another violation
of a provision in chapter 171.

(c) When a person is being sentenced for a violation of section 169.791 or 169.797,
the court may not impose a consecutive sentence for another violation of a provision
of sections 169.79 to 169.7995.

(d) This subdivision does not limit the authority of the court to impose consecutive
sentences for crimes arising on different dates or to impose a consecutive sentence when a
person is being sentenced for a crime and is also in violation of the conditions of a stayed
or otherwise deferred sentence under section 609.135.

(e) This subdivision applies to misdemeanor and gross misdemeanor violations of
the following if the offender has two or more prior impaired driving convictions as defined
in section 169A.03 within the past ten years:

(1) section 169A.20, subdivision 1, 1a, 1b, or 1c, driving while impaired;

(2) section 169A.20, subdivision 2, test refusal;

(3) section 169.791, failure to provide proof of insurance;

(4) section 169.797, failure to provide vehicle insurance;

(5) section 171.09, violation of condition of restricted license;

(6) section 171.20, subdivision 2, operation after revocation, suspension,
cancellation, or disqualification;

(7) section 171.24, driving without valid license; and

(8) section 171.30, violation of condition of limited license.

(f) When a court is sentencing an offender for a violation of section 169A.20 and a
violation of an offense listed in paragraph (e), and the offender has five or more deleted text begin qualified deleted text end
prior impaired driving deleted text begin incidents deleted text end new text begin convictions new text end , as defined in section 169A.03, within the
past ten years, the court shall sentence the offender to serve consecutive sentences for the
offenses, notwithstanding the fact that the offenses arose out of the same course of conduct.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010, and applies to crimes
committed on or after that date.
new text end