SF 3235

as introduced - 91st Legislature (2019 - 2020) Posted on 02/18/2020 08:55am

A bill for an act
relating to public safety; expanding the criminal vehicular operation crime to
include damage to property; amending Minnesota Statutes 2018, section 609.2113,
subdivision 3.

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

Section 1.

Minnesota Statutes 2018, section 609.2113, subdivision 3, is amended to read:

Subd. 3.

Bodily harm new text begin or damage to property new text end .

A person is guilty of criminal vehicular
operation resulting in bodily harm new text begin or damage to property new text end and may be sentenced to
imprisonment for not more than one year or to payment of a fine of not more than $3,000,
or both, if the person causes bodily harm to another new text begin or damage to the property of another,
where the damage reduces the value of the property by more than $1,000 as measured by
the cost or repair or replacement, new text end as a result of operating a motor vehicle:

(1) in a grossly negligent manner;

(2) in a negligent manner while under the influence of:

(i) alcohol;

(ii) a controlled substance; or

(iii) any combination of those elements;

(3) while having an alcohol concentration of 0.08 or more;

(4) while having an alcohol concentration of 0.08 or more, as measured within two hours
of the time of driving;

(5) in a negligent manner while under the influence of an intoxicating substance and the
person knows or has reason to know that the substance has the capacity to cause impairment;

(6) in a negligent manner while any amount of a controlled substance listed in Schedule
I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is present in the
person's body;

(7) where the driver who causes the accident leaves the scene of the accident in violation
of section 169.09, subdivision 1 or 6; or

(8) where the driver had actual knowledge that a peace officer had previously issued a
citation or warning that the motor vehicle was defectively maintained, the driver had actual
knowledge that remedial action was not taken, the driver had reason to know that the defect
created a present danger to others, and the injury was caused by the defective maintenance.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020, and applies to crimes
committed on or after that date.
new text end