SF 372

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crimes; driving while impaired; imposing 
  1.3             felony penalties on certain repeat violators of the 
  1.4             DWI laws; requiring the sentencing guidelines 
  1.5             commission to give felony DWI convictions the weight 
  1.6             of one criminal history point; including DWI with a 
  1.7             commercial vehicle in the definitions of prior DWI 
  1.8             offenses; making technical changes; amending Minnesota 
  1.9             Statutes 1996, sections 169.121, subdivision 3; and 
  1.10            169.129. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1996, section 169.121, 
  1.13  subdivision 3, is amended to read: 
  1.14     Subd. 3.  [CRIMINAL PENALTIES.] (a) As used in this 
  1.15  subdivision:  
  1.16     (1) "Prior impaired driving conviction" means a prior 
  1.17  conviction under: 
  1.18     (i) this section; or section 84.91, subdivision 1, 
  1.19  paragraph (a); 86B.331, subdivision 1, paragraph (a); 169.1211; 
  1.20  169.129; or 360.0752; 
  1.21     (ii) section 609.21, subdivision 1, clauses (2) to 
  1.22  (6); 609.21, subdivision 2, clauses (2) to (6); 609.21, 
  1.23  subdivision 2a, clauses (2) to (6); 609.21, subdivision 2b, 
  1.24  clauses (2) to (6); 609.21, subdivision 3, clauses (2) to 
  1.25  (6); 609.21, or subdivision 4, clauses (2) to (6); or 
  1.26     (iii) an ordinance from this state, or a statute or 
  1.27  ordinance from another state, in conformity with any of them 
  1.28  provision listed in item (i) or (ii).  
  2.1   A prior impaired driving conviction also includes a prior 
  2.2   juvenile adjudication that would have been a prior impaired 
  2.3   driving conviction if committed by an adult; and. 
  2.4      (2) "Prior license revocation" means a driver's license 
  2.5   suspension, revocation, or cancellation, denial, or 
  2.6   disqualification under: 
  2.7      (i) this section; or section 169.1211, 169.123;, 171.04 
  2.8   ;, 171.14;, 171.16;, 171.165, 171.17;, or 171.18 because 
  2.9   of an alcohol-related incident; 
  2.10     (ii) section 609.21, subdivision 1, clauses (2) to (6); 
  2.11  609.21, subdivision 2, clauses (2) to (6); 609.21, subdivision 
  2.12  2a, clauses (2) to (6); 609.21, subdivision 2b, clauses (2) to 
  2.13  (6); 609.21, subdivision 3, clauses (2) to (6); or 609.21, 
  2.14  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 of them 
  2.17  provision listed in item (i) or (ii); 
  2.18  provided, however, that for purposes of enhancing penalties 
  2.19  under this section, section 169.1211, or section 609.21, a prior 
  2.20  license revocation must not be considered if it arose out of the 
  2.21  same driving incident that resulted in a prior impaired driving 
  2.22  conviction, as defined in clause (1). 
  2.23     (b) A person who violates subdivision 1 or 1a, or an 
  2.24  ordinance in conformity with either of them, is guilty of a 
  2.25  misdemeanor. 
  2.26     (c) A person is guilty of a gross misdemeanor under any of 
  2.27  the following circumstances: 
  2.28     (1) the person violates subdivision 1 or 1a, or an 
  2.29  ordinance in conformity with either of them, within five years 
  2.30  of either a prior impaired driving conviction or a prior license 
  2.31  revocation, or within ten years of the first of two or more 
  2.32  prior impaired driving convictions, two or more prior license 
  2.33  revocations, or a combination of a prior impaired driving 
  2.34  conviction and a prior license revocation; 
  2.35     (2) the person violates subdivision 1a within five years of 
  2.36  a prior license revocation, or within ten years of the first of 
  3.1   two or more prior license revocations; 
  3.2      (3) the person violates section 169.26 while in violation 
  3.3   of subdivision 1 or an ordinance in conformity with it; or 
  3.4      (4) (3) the person violates subdivision 1 or 1a, or an 
  3.5   ordinance in conformity with either of them, while a child under 
  3.6   the age of 16 is in the vehicle, if the child is more than 36 
  3.7   months younger than the violator. 
  3.8      (d) A person is guilty of a felony and may be sentenced to 
  3.9   imprisonment for not more than five years or to payment of a 
  3.10  fine of not more than $10,000, or both, if the person violates 
  3.11  subdivision 1 or 1a, or an ordinance in conformity with either 
  3.12  of them, after three or more prior impaired driving convictions, 
  3.13  three or more prior license revocations, or a combination of 
  3.14  three or more prior impaired driving convictions and prior 
  3.15  license revocations. 
  3.16     (e) The attorney in the jurisdiction in which the violation 
  3.17  occurred who is responsible for prosecution of misdemeanor 
  3.18  violations of this section shall also be responsible for 
  3.19  prosecution of gross misdemeanor violations of this section. 
  3.20     (e) (f) The court must impose consecutive sentences when it 
  3.21  sentences a person for a violation of this section or section 
  3.22  169.129 arising out of separate behavioral incidents.  The court 
  3.23  also must impose a consecutive sentence when it sentences a 
  3.24  person for a violation of this section or section 169.129 and 
  3.25  the person, at the time of sentencing, is on probation for, or 
  3.26  serving, an executed sentence for a violation of this section or 
  3.27  section 169.129 and the prior sentence involved a separate 
  3.28  behavioral incident.  The court also may order that the sentence 
  3.29  imposed for a violation of this section or section 169.129 shall 
  3.30  run consecutively to a previously imposed misdemeanor, gross 
  3.31  misdemeanor or felony sentence for a violation other than this 
  3.32  section or section 169.129. 
  3.33     (f) (g) The court may impose consecutive sentences for 
  3.34  offenses arising out of a single course of conduct as permitted 
  3.35  in section 609.035, subdivision 2.  
  3.36     (g) (h) When an attorney responsible for prosecuting gross 
  4.1   misdemeanors or felonies under this section requests criminal 
  4.2   history information or transcripts of prior guilty pleas or 
  4.3   sentencing hearings relating to prior impaired driving 
  4.4   convictions from a court, the court must furnish the information 
  4.5   and transcripts without charge. 
  4.6      (h) (i) A violation of subdivision 1a may be prosecuted 
  4.7   either in the jurisdiction where the arresting officer observed 
  4.8   the defendant driving, operating, or in control of the motor 
  4.9   vehicle or in the jurisdiction where the refusal occurred. 
  4.10     Sec. 2.  Minnesota Statutes 1996, section 169.129, is 
  4.11  amended to read: 
  4.12     169.129 [AGGRAVATED VIOLATIONS; PENALTY.] 
  4.13     Subdivision 1.  [CRIME.] It is a crime for any person is 
  4.14  guilty of a gross misdemeanor who drives, operates, or is to 
  4.15  drive, operate, or be in physical control of a motor vehicle, 
  4.16  the operation of which requires a driver's license, within this 
  4.17  state or upon the ice of any boundary water of this state in 
  4.18  violation of section 169.121 or an ordinance in conformity with 
  4.19  it before the person's driver's license or driver's driving 
  4.20  privilege has been reinstated following its cancellation, 
  4.21  suspension, revocation, disqualification, or denial under any of 
  4.22  the following:  
  4.23     (1) section 169.121, 169.1211, or 169.123; 
  4.24     (2) section 171.04, 171.14, 171.16, 171.17, or 171.18 
  4.25  because of an alcohol-related incident; or 
  4.26     (3) section 609.21, subdivision 1, clauses (2) to (6); 
  4.27  609.21, subdivision 2, clauses (2) to (6); 609.21, subdivision 
  4.28  2a, clauses (2) to (6); 609.21, subdivision 2b, clauses (2) to 
  4.29  (6); 609.21, subdivision 3, clauses (2) to (6); or 609.21, 
  4.30  subdivision 4, clauses (2) to (6).  
  4.31     Subd. 2.  [PENALTIES.] (a) Except as otherwise provided in 
  4.32  paragraph (b), a person who violates subdivision 1 is guilty of 
  4.33  a gross misdemeanor. 
  4.34     (b) A person is guilty of a felony and may be sentenced to 
  4.35  imprisonment for not more than five years or to payment of a 
  4.36  fine of not more than $10,000, or both, if the person violates 
  5.1   subdivision 1 and the person's driver's license or driving 
  5.2   privilege has been suspended, revoked, canceled, denied, or 
  5.3   disqualified three or more times under any of the statutes 
  5.4   listed in subdivision 1. 
  5.5      Subd. 3.  [PROSECUTION.] The attorney in the jurisdiction 
  5.6   in which the violation of this section occurred who is 
  5.7   responsible for prosecution of misdemeanor violations of section 
  5.8   169.121 shall also be responsible for prosecution of gross 
  5.9   misdemeanor violations of this section. 
  5.10     Sec. 3.  [SENTENCING GUIDELINES MODIFICATION.] 
  5.11     The sentencing guidelines commission shall modify the 
  5.12  sentencing guidelines to provide that each felony violation of 
  5.13  Minnesota Statutes, section 169.121, subdivision 3, or 169.129, 
  5.14  constitutes one criminal history point. 
  5.15     Sec. 4.  [EFFECTIVE DATE.] 
  5.16     Sections 1 to 3 are effective August 1, 1997, and apply to 
  5.17  crimes committed on or after that date.