SF 3324

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

  1.1                          A bill for an act 
  1.2             relating to crime prevention; imposing a felony 
  1.3             penalty on persons convicted of four or more impaired 
  1.4             driving offenses within a ten-year period; providing 
  1.5             for a mandatory minimum prison sentence and 
  1.6             conditional release term for these offenders; 
  1.7             requiring the department of corrections to submit a 
  1.8             plan to the legislature detailing how it will 
  1.9             supervise these offenders; amending Minnesota Statutes 
  1.10            1998, sections 169.121, subdivision 3b, and by adding 
  1.11            a subdivision; and 169.129, by adding a subdivision; 
  1.12            Minnesota Statutes 1999 Supplement, sections 169.121, 
  1.13            subdivisions 3, 3d, and 3f; and 169.129, subdivision 1.
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 1999 Supplement, section 
  1.16  169.121, subdivision 3, is amended to read: 
  1.17     Subd. 3.  [CRIMINAL PENALTIES.] (a) As used in this section:
  1.18     (1) "Prior impaired driving conviction" means a prior 
  1.19  conviction under: 
  1.20     (i) this section; Minnesota Statutes 1996, section 84.91, 
  1.21  subdivision 1, paragraph (a), or 86B.331, subdivision 1, 
  1.22  paragraph (a); section 169.1211; section 169.129; or section 
  1.23  360.0752; 
  1.24     (ii) section 609.21, subdivision 1, clauses (2) to (6); 
  1.25  subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 
  1.26  to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
  1.27  clauses (2) to (6); or subdivision 4, clauses (2) to (6); or 
  1.28     (iii) an ordinance from this state, or a statute or 
  1.29  ordinance from another state, in conformity with any provision 
  2.1   listed in item (i) or (ii). 
  2.2   A prior impaired driving conviction also includes a prior 
  2.3   juvenile adjudication that would have been a prior impaired 
  2.4   driving conviction if committed by an adult. 
  2.5      (2) "Prior license revocation" means a driver's license 
  2.6   suspension, revocation, cancellation, denial, or 
  2.7   disqualification under: 
  2.8      (i) this section or section 169.1211, 169.123, 171.04, 
  2.9   171.14, 171.16, 171.165, 171.17, or 171.18 because of an 
  2.10  alcohol-related incident; 
  2.11     (ii) section 609.21, subdivision 1, clauses (2) to (6); 
  2.12  subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 
  2.13  to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
  2.14  clauses (2) to (6); or subdivision 4, clauses (2) to (6); or 
  2.15     (iii) an ordinance from this state, or a statute or 
  2.16  ordinance from another state, in conformity with any provision 
  2.17  listed in item (i) or (ii). 
  2.18  "Prior license revocation" also means the revocation of 
  2.19  snowmobile or all-terrain vehicle operating privileges under 
  2.20  section 84.911, or motorboat operating privileges under section 
  2.21  86B.335, for violations that occurred on or after August 1, 
  2.22  1994; the revocation of snowmobile or all-terrain vehicle 
  2.23  operating privileges under section 84.91; or the revocation of 
  2.24  motorboat operating privileges under section 86B.331. 
  2.25     (b) A person who violates subdivision 1, clause (a), (b), 
  2.26  (c), (d), (e), (g), or (h), or subdivision 1a, or an ordinance 
  2.27  in conformity with any of them, is guilty of a misdemeanor. 
  2.28     (c) A person is guilty of a gross misdemeanor under any of 
  2.29  the following circumstances: 
  2.30     (1) the person violates subdivision 1, clause (f); 
  2.31     (2) the person violates subdivision 1, clause (a), (b), 
  2.32  (c), (d), (e), (g), or (h), or subdivision 1a: 
  2.33     (i) within five years of a prior impaired driving 
  2.34  conviction or a prior license revocation; or 
  2.35     (ii) within ten years of the first of two or more prior 
  2.36  impaired driving convictions, two or more prior license 
  3.1   revocations, or any combination of two or more prior impaired 
  3.2   driving convictions and prior license revocations, based on 
  3.3   separate incidents; 
  3.4      (3) the person violates section 169.26 while in violation 
  3.5   of subdivision 1; or 
  3.6      (4) the person violates subdivision 1 or 1a while a child 
  3.7   under the age of 16 is in the vehicle, if the child is more than 
  3.8   36 months younger than the violator. 
  3.9   A person convicted of a gross misdemeanor under this paragraph 
  3.10  is subject to the mandatory penalties provided in subdivision 3d.
  3.11     (d) A person is guilty of a felony under any of the 
  3.12  following circumstances: 
  3.13     (1) the person violates subdivision 1 or 1a within ten 
  3.14  years of the first of three or more prior impaired driving 
  3.15  convictions, three or more prior license revocations, or any 
  3.16  combination of three or more prior impaired driving convictions 
  3.17  and prior license revocations, based on separate incidents; or 
  3.18     (2) the person violates subdivision 1 or 1a and has been 
  3.19  convicted previously of a felony under this section or section 
  3.20  169.129. 
  3.21  The court shall sentence a person convicted of a felony under 
  3.22  this paragraph as provided in subdivision 3g. 
  3.23     (e) The court shall notify a person convicted of violating 
  3.24  subdivision 1 or 1a that the registration plates of the person's 
  3.25  motor vehicle may be impounded under section 168.042 and the 
  3.26  vehicle may be subject to forfeiture under section 169.1217 upon 
  3.27  a subsequent conviction for violating this section, section 
  3.28  169.129, or section 171.24, or a subsequent license revocation 
  3.29  under section 169.123.  The notice must describe the conduct and 
  3.30  the time periods within which the conduct must occur in order to 
  3.31  result in plate impoundment or forfeiture.  The failure of the 
  3.32  court to provide this information does not affect the 
  3.33  applicability of the plate impoundment or the forfeiture 
  3.34  provision to that person. 
  3.35     (e) (f) The attorney in the jurisdiction in which the 
  3.36  violation occurred who is responsible for prosecution of 
  4.1   misdemeanor violations of this section shall is also be 
  4.2   responsible for prosecution of gross misdemeanor violations of 
  4.3   this section. 
  4.4      (f) (g) The court must impose consecutive sentences when it 
  4.5   sentences a person for a violation of this section or section 
  4.6   169.129 arising out of separate behavioral incidents.  The court 
  4.7   also must impose a consecutive sentence when it sentences a 
  4.8   person for a violation of this section or section 169.129 and 
  4.9   the person, at the time of sentencing, is on probation for, or 
  4.10  serving, an executed sentence for a violation of this section or 
  4.11  section 169.129 and the prior sentence involved a separate 
  4.12  behavioral incident.  The court also may order that the sentence 
  4.13  imposed for a violation of this section or section 169.129 shall 
  4.14  run consecutively to a previously imposed misdemeanor, gross 
  4.15  misdemeanor or felony sentence for a violation other than this 
  4.16  section or section 169.129.  
  4.17     (g) (h) When the court stays the sentence of a person 
  4.18  convicted under this section, the length of the stay is governed 
  4.19  by section 609.135, subdivision 2. 
  4.20     (h) (i) The court may impose consecutive sentences for 
  4.21  offenses arising out of a single course of conduct as permitted 
  4.22  in section 609.035, subdivision 2.  
  4.23     (i) (j) The court shall impose consecutive sentences for a 
  4.24  violation of this section or section 169.129 and an offense 
  4.25  listed in section 609.035, subdivision 2, paragraph (f), arising 
  4.26  out of the same course of conduct, as required by section 
  4.27  609.035, subdivision 2, paragraph (g). 
  4.28     (j) (k) When an attorney responsible for prosecuting gross 
  4.29  misdemeanors or felonies under this section requests criminal 
  4.30  history information relating to prior impaired driving 
  4.31  convictions from a court, the court must furnish the information 
  4.32  without charge. 
  4.33     (k) (l) A violation of subdivision 1a may be prosecuted 
  4.34  either in the jurisdiction where the arresting officer observed 
  4.35  the defendant driving, operating, or in control of the motor 
  4.36  vehicle or in the jurisdiction where the refusal occurred. 
  5.1      Sec. 2.  Minnesota Statutes 1998, section 169.121, 
  5.2   subdivision 3b, is amended to read: 
  5.3      Subd. 3b.  [CHEMICAL USE ASSESSMENT.] Except for felony 
  5.4   convictions, the court must order a person to submit to the 
  5.5   level of care recommended in the chemical use assessment if the 
  5.6   person has been convicted of violating: 
  5.7      (1) subdivision 1, clause (f); or 
  5.8      (2) subdivision 1, clause (a), (b), (c), (d), (e), (g), or 
  5.9   (h), subdivision 1a, section 169.129, an ordinance in conformity 
  5.10  with any of them, or a statute or ordinance from another state 
  5.11  in conformity with any of them: 
  5.12     (i) within five years of a prior impaired driving 
  5.13  conviction or a prior license revocation; or 
  5.14     (ii) within ten years of two or more prior impaired driving 
  5.15  convictions, two or more prior license revocations, or a prior 
  5.16  impaired driving conviction and a prior license revocation, 
  5.17  based on separate incidents.  
  5.18     Sec. 3.  Minnesota Statutes 1999 Supplement, section 
  5.19  169.121, subdivision 3d, is amended to read: 
  5.20     Subd. 3d.  [GROSS MISDEMEANOR; MANDATORY PENALTIES.] (a) 
  5.21  The mandatory penalties in this subdivision apply to persons 
  5.22  convicted of a gross misdemeanor under subdivision 3, paragraph 
  5.23  (c), this section or section 169.129. 
  5.24     (b) A person who is convicted of a gross misdemeanor under 
  5.25  subdivision 3, paragraph (c), or is convicted of a gross 
  5.26  misdemeanor violation of section 169.129 within five years of a 
  5.27  prior impaired driving conviction or prior license revocation, 
  5.28  must be sentenced to a minimum of 30 days imprisonment, at least 
  5.29  48 hours of which must be served consecutively, or to eight 
  5.30  hours of community work service for each day less than 30 days 
  5.31  that the person is ordered to serve in jail.  Notwithstanding 
  5.32  section 609.135, the above sentence must be executed, unless the 
  5.33  court departs from the mandatory minimum sentence under 
  5.34  paragraph (f) or (g) (d) or (e). 
  5.35     (c) A person who is convicted of a gross misdemeanor under 
  5.36  subdivision 3, paragraph (c), or is convicted of a gross 
  6.1   misdemeanor violation of section 169.129 within ten years of two 
  6.2   prior impaired driving convictions, two prior license 
  6.3   revocations, or a combination of the two based on separate 
  6.4   instances incidents, must be sentenced to either: 
  6.5      (1) a minimum of 90 days incarceration, at least 30 days of 
  6.6   which must be served consecutively in a local correctional 
  6.7   facility; or 
  6.8      (2) a program of intensive supervision of the type 
  6.9   described in section 169.1265 that requires the person to 
  6.10  consecutively serve at least six days in a local correctional 
  6.11  facility.  
  6.12  The court may order that the person serve not more than 60 days 
  6.13  of the minimum penalty under clause (1) on home detention or in 
  6.14  an intensive probation program described in section 169.1265.  
  6.15  Notwithstanding section 609.135, the penalties in this paragraph 
  6.16  must be imposed and executed. 
  6.17     (d) A person who is convicted of a gross misdemeanor under 
  6.18  subdivision 3, paragraph (c), or is convicted of a gross 
  6.19  misdemeanor violation of section 169.129 within ten years of 
  6.20  three prior impaired driving convictions, three prior license 
  6.21  revocations, or a combination of the two based on separate 
  6.22  instances, must be sentenced to either: 
  6.23     (1) a minimum of 180 days of incarceration, at least 30 
  6.24  days of which must be served consecutively in a local 
  6.25  correctional facility; or 
  6.26     (2) a program of intensive supervision of the type 
  6.27  described in section 169.1265 that requires the person to 
  6.28  consecutively serve at least six days in a local correctional 
  6.29  facility.  
  6.30  The court may order that the person serve not more than 150 days 
  6.31  of the minimum penalty under clause (1) on home detention or in 
  6.32  an intensive probation program described in section 169.1265.  
  6.33  Notwithstanding section 609.135, the penalties in this paragraph 
  6.34  must be imposed and executed. 
  6.35     (e) A person who is convicted of a gross misdemeanor under 
  6.36  subdivision 3, paragraph (c), or is convicted of a gross 
  7.1   misdemeanor violation of section 169.129 within 15 years of four 
  7.2   prior impaired driving convictions, four prior license 
  7.3   revocations, or a combination of the two based on separate 
  7.4   instances; or anytime after five or more prior impaired driving 
  7.5   convictions, five or more prior license revocations, or a 
  7.6   combination of the two based on separate instances, must be 
  7.7   sentenced to either: 
  7.8      (1) a minimum of one year of incarceration, at least 60 
  7.9   days of which must be served consecutively in a local 
  7.10  correctional facility; or 
  7.11     (2) a program of intensive supervision of the type 
  7.12  described in section 169.1265 that requires the person to 
  7.13  consecutively serve at least six days in a local correctional 
  7.14  facility.  
  7.15  The court may order that the person serve the remainder of the 
  7.16  minimum penalty under clause (1) on intensive probation using an 
  7.17  electronic monitoring system or, if such a system is 
  7.18  unavailable, on home detention.  Notwithstanding section 
  7.19  609.135, the penalties in this paragraph must be imposed and 
  7.20  executed. 
  7.21     (f) Prior to sentencing, the prosecutor may file a motion 
  7.22  to have a defendant described in paragraph (b) sentenced without 
  7.23  regard to the mandatory minimum sentence established by that 
  7.24  paragraph.  The motion must be accompanied by a statement on the 
  7.25  record of the reasons for it.  When presented with the 
  7.26  prosecutor's motion and if it finds that substantial mitigating 
  7.27  factors exist, the court shall sentence the defendant without 
  7.28  regard to the mandatory minimum sentence established by 
  7.29  paragraph (b).  
  7.30     (g) (e) The court may, on its own motion, sentence a 
  7.31  defendant described in paragraph (b) without regard to the 
  7.32  mandatory minimum sentence established by that paragraph if it 
  7.33  finds that substantial mitigating factors exist and if its 
  7.34  sentencing departure is accompanied by a statement on the record 
  7.35  of the reasons for it.  The court also may sentence the 
  7.36  defendant without regard to the mandatory minimum sentence 
  8.1   established by paragraph (b) if the defendant is sentenced to 
  8.2   probation and ordered to participate in a program established 
  8.3   under section 169.1265. 
  8.4      (h) (f) When any portion of the sentence required by 
  8.5   paragraph (b) is not executed, the court should impose a 
  8.6   sentence that is proportional to the extent of the offender's 
  8.7   prior criminal and moving traffic violation record.  Any 
  8.8   sentence required under paragraph (b) must include a mandatory 
  8.9   sentence that is not subject to suspension or a stay of 
  8.10  imposition or execution, and that includes incarceration for not 
  8.11  less than at least 48 consecutive hours of incarceration or at 
  8.12  least 80 hours of community work service. 
  8.13     Sec. 4.  Minnesota Statutes 1999 Supplement, section 
  8.14  169.121, subdivision 3f, is amended to read: 
  8.15     Subd. 3f.  [LONG-TERM MONITORING.] (a) This subdivision 
  8.16  applies to a person convicted of: 
  8.17     (1) a violation of subdivision 1 or 1a within five years of 
  8.18  two prior impaired driving convictions, or within ten years of 
  8.19  three or more prior impaired driving convictions; 
  8.20     (2) a second or subsequent violation of subdivision 1 or 
  8.21  1a, if the person is under the age of 19 years; 
  8.22     (3) a violation of subdivision 1 or 1a, while the person's 
  8.23  driver's license or driving privileges have been canceled under 
  8.24  section 171.04, subdivision 1, clause (10); or 
  8.25     (4) a gross misdemeanor violation of section 169.129. 
  8.26     (b) When the court sentences a person described in 
  8.27  paragraph (a) to a stayed sentence and when electronic 
  8.28  monitoring equipment is available to the court, the court shall 
  8.29  require that the person participate in a program of electronic 
  8.30  alcohol monitoring in addition to any other conditions of 
  8.31  probation or jail time it imposes.  During the first one-third 
  8.32  of the person's probationary term, the electronic alcohol 
  8.33  monitoring must be continuous and involve measurements of the 
  8.34  person's alcohol at least three times a day.  During the 
  8.35  remainder of the person's probationary term, the electronic 
  8.36  alcohol monitoring may be intermittent, as determined by the 
  9.1   court.  The court shall require partial or total reimbursement 
  9.2   from the person for the cost of the electronic alcohol 
  9.3   monitoring, to the extent the person is able to pay. 
  9.4      Sec. 5.  Minnesota Statutes 1998, section 169.121, is 
  9.5   amended by adding a subdivision to read: 
  9.6      Subd. 3g.  [FELONY; MANDATORY PENALTIES AND CONDITIONAL 
  9.7   RELEASE TERM.] (a) The court shall commit a person convicted of 
  9.8   a felony under this section or section 169.129 to the custody of 
  9.9   the commissioner of corrections for not less than one year, nor 
  9.10  more than ten years.  In addition, the court may order the 
  9.11  person to pay a fine of not more than $20,000. 
  9.12     (b) At the time of sentencing, the court shall provide that 
  9.13  after the person has completed the sentence imposed, the 
  9.14  commissioner of corrections shall place the offender on 
  9.15  conditional release for the remainder of the statutory maximum 
  9.16  period.  In addition to any other conditions of release the 
  9.17  commissioner considers appropriate, the commissioner shall 
  9.18  require that the person participate in a program of electronic 
  9.19  alcohol monitoring for at least a year following release from 
  9.20  imprisonment.  During this period, the electronic alcohol 
  9.21  monitoring must be continuous and involve measurements of the 
  9.22  person's alcohol concentration at least three times a day.  The 
  9.23  commissioner shall require partial or total reimbursement from 
  9.24  the person for the cost of the electronic alcohol monitoring, to 
  9.25  the extent the person is able to pay. 
  9.26     (c) Before the person is released from imprisonment, the 
  9.27  commissioner shall notify the sentencing court and the 
  9.28  prosecutor in the jurisdiction where the person was sentenced of 
  9.29  the terms of the person's conditional release.  If the person 
  9.30  fails to meet any condition of release, the commissioner may 
  9.31  revoke the person's conditional release and order that the 
  9.32  person serve all or a part of the remaining portion of the 
  9.33  conditional release term in prison.  The commissioner may not 
  9.34  dismiss the person from supervision before the conditional 
  9.35  release term expires. 
  9.36     (d) Conditional release granted under paragraphs (b) and 
 10.1   (c) is governed by provisions relating to supervised release, 
 10.2   except as otherwise provided in this subdivision. 
 10.3      (e) A person convicted and sentenced as required by this 
 10.4   subdivision is not eligible for probation, parole, discharge, 
 10.5   work release, or supervised release until that person has served 
 10.6   the full term of imprisonment as provided by law, 
 10.7   notwithstanding the provisions of sections 241.26, 242.19, 
 10.8   243.05, 244.04, 609.12, and 609.135.  Notwithstanding section 
 10.9   609.135, the court may not stay the imposition or execution of 
 10.10  this sentence. 
 10.11     Sec. 6.  Minnesota Statutes 1999 Supplement, section 
 10.12  169.129, subdivision 1, is amended to read: 
 10.13     Subdivision 1.  [CRIME.] It is a gross misdemeanor crime 
 10.14  for any person to drive, operate, or be in physical control of a 
 10.15  motor vehicle, the operation of which requires a driver's 
 10.16  license, within this state or upon the ice of any boundary water 
 10.17  of this state in violation of section 169.121 or an ordinance in 
 10.18  conformity with it before the person's driver's license or 
 10.19  driving privilege has been reinstated following its 
 10.20  cancellation, suspension, revocation, disqualification, or 
 10.21  denial under any of the following statutes:  
 10.22     (1) section 169.121, 169.1211, or 169.123; 
 10.23     (2) section 171.04, 171.14, 171.16, 171.17, or 171.18 
 10.24  because of an alcohol-related incident; 
 10.25     (3) section 609.21, subdivision 1, clauses (2) to (6); 
 10.26  subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 
 10.27  to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
 10.28  clauses (2) to (6); or subdivision 4, clauses (2) to (6). 
 10.29     Sec. 7.  Minnesota Statutes 1998, section 169.129, is 
 10.30  amended by adding a subdivision to read: 
 10.31     Subd. 1a.  [PENALTIES.] (a) Except as otherwise provided in 
 10.32  paragraph (b), a person who violates subdivision 1 is guilty of 
 10.33  a gross misdemeanor. 
 10.34     (b) A person is guilty of a felony if the person violates 
 10.35  subdivision 1, and either: 
 10.36     (1) the person's driver's license or driving privileges 
 11.1   have been canceled, suspended, revoked, or denied three or more 
 11.2   times within the past ten years under any of the statutes listed 
 11.3   in subdivision 1; or 
 11.4      (2) the person has been convicted previously of a felony 
 11.5   violation of this section or section 169.121. 
 11.6   The court shall sentence a person convicted of a felony under 
 11.7   this paragraph as provided in section 169.121, subdivision 3g. 
 11.8      Sec. 8.  [SENTENCING GUIDELINE RANKING OF DWI FELONY.] 
 11.9      The sentencing guidelines commission is requested to amend 
 11.10  the sentencing guidelines to provide that each felony violation 
 11.11  of Minnesota Statutes, section 169.121 or 169.129, constitutes 
 11.12  one criminal history point. 
 11.13     Sec. 9.  [FELONY DWI OFFENDER PLAN AND REPORT TO 
 11.14  LEGISLATURE REQUIRED.] 
 11.15     Subdivision 1.  [PLAN.] The commissioner of corrections 
 11.16  shall prepare a plan addressing how the department proposes to 
 11.17  supervise felony-level impaired driving offenders committed to 
 11.18  the commissioner's custody pursuant to this act.  The plan must 
 11.19  specify where the commissioner intends to house these offenders 
 11.20  and include a comprehensive budget detailing the costs 
 11.21  associated with preparing any location to do this.  In addition, 
 11.22  the plan must include a comprehensive yearly budget for housing, 
 11.23  supervising, caring for, and treating these offenders; detailed 
 11.24  information on the type of intensive chemical dependency 
 11.25  treatment program that will be provided; and any other issues 
 11.26  the commissioner believes to be relevant. 
 11.27     Subd. 2.  [REPORT.] By October 1, 2000, the commissioner 
 11.28  shall forward the report required in subdivision 1 to the chairs 
 11.29  and ranking minority members of the senate and house committees 
 11.30  and divisions having jurisdiction over criminal justice funding. 
 11.31     Sec. 10.  [EFFECTIVE DATES.] 
 11.32     Sections 1 to 8 are effective August 1, 2001, and apply to 
 11.33  violations occurring on or after that date.  However, violations 
 11.34  occurring before August 1, 2001, which are listed in Minnesota 
 11.35  Statutes, section 169.121, subdivision 3, paragraph (a), are 
 11.36  considered prior impaired driving convictions or prior license 
 12.1   revocations for purposes of this act.  Section 9 is effective 
 12.2   the day following final enactment.