SF 375

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crime prevention; adding a definition of 
  1.3             "motor vehicle" to certain sections of law; expanding 
  1.4             the crime of fleeing a peace officer in a motor 
  1.5             vehicle; amending Minnesota Statutes 1996, sections 
  1.6             84.873; 171.174; 609.487, subdivision 1; and 609.5312, 
  1.7             subdivision 4; repealing Minnesota Statutes 1996, 
  1.8             section 609.487, subdivision 2. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1996, section 84.873, is 
  1.11  amended to read: 
  1.12     84.873 [SIGNAL FROM OFFICER TO STOP.] 
  1.13     It is unlawful for a snowmobile operator, after having 
  1.14  received a visual or audible signal from any law enforcement 
  1.15  officer to come to a stop, to (a) (1) operate a snowmobile in 
  1.16  willful or wanton disregard of such signal, or (b) (2) interfere 
  1.17  with or endanger the law enforcement officer or any other person 
  1.18  or vehicle, or (c) increase speed or attempt to flee or elude 
  1.19  the officer.  
  1.20     Sec. 2.  Minnesota Statutes 1996, section 171.174, is 
  1.21  amended to read: 
  1.22     171.174 [REVOCATION; FLEEING PEACE OFFICER OFFENSE.] 
  1.23     (a) The commissioner of public safety shall revoke the 
  1.24  driver's license of a person upon receipt of a certificate of 
  1.25  conviction showing that the person has in a motor vehicle 
  1.26  violated section 609.487, subdivision 3 or 4, or an ordinance in 
  1.27  conformity with those subdivisions.  The commissioner shall 
  2.1   revoke the driver's license as follows: 
  2.2      (1) for the first offense under section 609.487, 
  2.3   subdivision 3, for not less than one year; 
  2.4      (2) for the second offense or subsequent offenses under 
  2.5   section 609.487, subdivision 3, for not less than three years; 
  2.6      (3) for an offense under section 609.487, subdivision 4, 
  2.7   clause (a), for not less than ten years; 
  2.8      (4) for an offense under section 609.487, subdivision 4, 
  2.9   clause (b), for not less than seven years; and 
  2.10     (5) for an offense under section 609.487, subdivision 4, 
  2.11  clause (c), for not less than five years. 
  2.12     A limited license under section 171.30 may not be issued 
  2.13  for one-half of the revocation period specified in clauses (1) 
  2.14  to (5) and after that period is over only upon and as 
  2.15  recommended by the adjudicating court. 
  2.16     (b) For purposes of this section, "motor vehicle" has the 
  2.17  meaning given in section 609.487, subdivision 1. 
  2.18     Sec. 3.  Minnesota Statutes 1996, section 609.487, 
  2.19  subdivision 1, is amended to read: 
  2.20     Subdivision 1.  [FLEE; DEFINITION DEFINITIONS.] For 
  2.21  purposes of this section, the term the following terms have the 
  2.22  meaning given them. 
  2.23     (a) "Flee" means to increase speed, extinguish motor 
  2.24  vehicle headlights or taillights, or to use other means with 
  2.25  intent to attempt to elude a peace officer following a signal 
  2.26  given by any peace officer to the driver of a motor vehicle.  
  2.27     (b) "Peace officer" includes: 
  2.28     (1) an employee of a political subdivision or state law 
  2.29  enforcement agency who is licensed by the Minnesota board of 
  2.30  peace officer standards and training, charged with the 
  2.31  prevention and detection of crime and the enforcement of the 
  2.32  general criminal laws of the state and who has the full power of 
  2.33  arrest, and shall also include the Minnesota state patrol and 
  2.34  Minnesota conservation officers; or 
  2.35     (2) a member of a duly organized state, county, or 
  2.36  municipal law enforcement unit of another state charged with the 
  3.1   duty to prevent and detect crime and generally enforce criminal 
  3.2   laws, and granted full powers of arrest. 
  3.3      (c) "Motor vehicle" has the meaning given in section 
  3.4   609.52, subdivision 1. 
  3.5      Sec. 4.  Minnesota Statutes 1996, section 609.5312, 
  3.6   subdivision 4, is amended to read: 
  3.7      Subd. 4.  [VEHICLE FORFEITURE FOR FLEEING A PEACE OFFICER.] 
  3.8   (a) A motor vehicle is subject to forfeiture under this 
  3.9   subdivision if it was used to commit a violation of section 
  3.10  609.487 and endanger life or property.  A motor vehicle is 
  3.11  subject to forfeiture under this subdivision only if the offense 
  3.12  is established by proof of a criminal conviction for the 
  3.13  offense.  Except as otherwise provided in this subdivision, a 
  3.14  forfeiture under this subdivision is governed by sections 
  3.15  609.531, 609.5312, 609.5313, and 609.5315, subdivision 6. 
  3.16     (b) When a motor vehicle subject to forfeiture under this 
  3.17  subdivision is seized in advance of a judicial forfeiture order, 
  3.18  a hearing before a judge or referee must be held within 96 hours 
  3.19  of the seizure.  Notice of the hearing must be given to the 
  3.20  registered owner within 48 hours of the seizure.  The 
  3.21  prosecuting authority shall certify to the court, at or in 
  3.22  advance of the hearing, that it has filed or intends to file 
  3.23  charges against the alleged violator for violating section 
  3.24  609.487.  After conducting the hearing, the court shall order 
  3.25  that the motor vehicle be returned to the owner if:  
  3.26     (1) the prosecutor has failed to make the certification 
  3.27  required by this paragraph; 
  3.28     (2) the owner of the motor vehicle has demonstrated to the 
  3.29  court's satisfaction that the owner has a defense to the 
  3.30  forfeiture, including but not limited to the defenses contained 
  3.31  in subdivision 2; or 
  3.32     (3) the court determines that seizure of the vehicle 
  3.33  creates or would create an undue hardship for members of the 
  3.34  owner's family. 
  3.35     (c) If the defendant is acquitted or the charges against 
  3.36  the defendant are dismissed, neither the owner nor the defendant 
  4.1   is responsible for paying any costs associated with the seizure 
  4.2   or storage of the vehicle. 
  4.3      (d) A vehicle leased or rented under section 168.27, 
  4.4   subdivision 4, for a period of 180 days or less is not subject 
  4.5   to forfeiture under this subdivision. 
  4.6      (e) For purposes of this subdivision, "motor vehicle" has 
  4.7   the meaning given in section 609.487, subdivision 1. 
  4.8      Sec. 5.  [REPEALER.] 
  4.9      Minnesota Statutes 1996, section 609.487, subdivision 2, is 
  4.10  repealed. 
  4.11     Sec. 6.  [EFFECTIVE DATE.] 
  4.12     Sections 1 to 5 are effective August 1, 1997, and apply to 
  4.13  crimes committed on or after that date.