Minnesota Legislature
SF 2979
as introduced - 86th Legislature (2009 - 2010) Posted on 03/02/2010 01:38pm
Current Version - as introduced
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A bill for an act
relating to public safety; 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.63, subdivisions 1, 3, 5, 6, 7, 8, 9; Minnesota Statutes 2009 Supplement,
section 609.035, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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 qualifieddeleted text end prior impaired driving deleted text begin incidentdeleted 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 qualifieddeleted text end prior impaired driving deleted text begin incidentdeleted 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 qualifieddeleted text end
prior impaired driving deleted text begin incidentsdeleted text end new text begin convictionsnew 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 qualifieddeleted text end prior impaired driving deleted text begin incidentdeleted 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 qualifieddeleted text end prior impaired driving deleted text begin incidentsdeleted 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 qualifieddeleted text end
prior impaired driving deleted text begin incidentsdeleted 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 qualifieddeleted text end prior impaired driving deleted text begin incidentsdeleted 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 qualifieddeleted text end prior impaired driving deleted text begin incidentsdeleted text end new text begin
convictionsnew 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 qualifieddeleted text end prior impaired driving deleted text begin incidentsdeleted 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 qualifieddeleted text end prior impaired driving
deleted text begin incidentdeleted text end new text begin convictionnew 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 qualifieddeleted text end prior impaired driving deleted text begin incidentsdeleted 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
revocationdeleted 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 qualifieddeleted text end prior impaired driving deleted text begin incidentsdeleted 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 revocationdeleted 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 revocationdeleted 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 appearancedeleted text begin ; ordeleted 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 revocationdeleted 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 revocationdeleted 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 revocationdeleted 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 revocationdeleted 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 revocationdeleted 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 qualifieddeleted text end
prior impaired driving deleted text begin incidentsdeleted text end new text begin convictionsnew 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