as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
A bill for an act
relating to public safety; clarifying the law on inattentive driving and failure
to exercise due care; providing for enhanced criminal penalties for certain
violations of the traffic code that result in personal injury or property damage;
requiring the commissioner of public safety to include information on inattentive
driving in driver's manual; requiring the distribution of a traffic law summary to
peace officers; amending Minnesota Statutes 2006, sections 169.89, by adding
subdivisions; 171.13, by adding a subdivision; proposing coding for new law in
Minnesota Statutes, chapter 169.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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No person may operate or halt a motor vehicle upon a
highway inattentively, imprudently in light of circumstances then existing, or without
exercising reasonable care for the rights of others or the safety of persons or property.
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The class D driver education curriculum
must include instruction on a driver's duty to comply with subdivision 1 and on the
penalties for violation of subdivision 1, including possible enhancement to a misdemeanor,
gross misdemeanor, or felony under section 169.89.
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This section is effective August 1, 2008, and applies to
conduct that occurs on or after that date.
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Minnesota Statutes 2006, section 169.89, is amended by adding a subdivision
to read:
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Unless a greater
penalty is specified elsewhere in law, a person who in a negligent manner commits a
violation of this chapter that causes substantial bodily harm, as defined in section 609.02,
subdivision 7a, to a person other than the driver or damage to property, other than the
driver's property, in an amount of more than $1,000 but less than $5,000, is guilty of a
gross misdemeanor 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.
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This section is effective August 1, 2008, and applies to crimes
committed on or after that date.
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Minnesota Statutes 2006, section 169.89, is amended by adding a subdivision
to read:
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Unless a greater penalty is
specified elsewhere in law, a person who in a negligent manner commits a violation of this
chapter that causes great bodily harm, as defined in section 609.02, subdivision 8, or death
to a person other than the driver or damage to property, other than the driver's property, in
an amount of $5,000 or more, is guilty of a felony and may be sentenced to imprisonment
for not more than two years or to payment of a fine of not more than $5,000, or both.
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This section is effective August 1, 2008, and applies to crimes
committed on or after that date.
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Minnesota Statutes 2006, section 171.13, is amended by adding a subdivision
to read:
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The
commissioner shall include in each edition of the driver's manual a section that explains
laws concerning inattentive driving and failure of a driver to exercise reasonable care
and drive prudently in light of circumstances, as well as an explanation of penalties and
possible enhanced penalties under section 169.89.
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This section is effective August 1, 2008.
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(a) By October 15, 2008, the executive director of the Peace Officer Standards and
Training Board shall send a written summary of the statutory changes made in this act to
every chief law enforcement officer in the state. In addition, the summary must address
current penalty enhancement provisions related to traffic laws, including Minnesota
Statutes, sections 609.21, and 169.89, subdivision 1, and address and seek to maximize a
more consistent use and interpretation of Minnesota Statutes, section 169.13.
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(b) Chief law enforcement officers receiving the summary described in paragraph
(a) shall ensure that peace officers under their command that have traffic enforcement
duties are familiar with its contents.
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(c) To the extent practical when compiling the summary described in paragraph (a),
the executive director shall consult with peace officers, prosecutors, judges, and other
practitioners familiar with traffic and criminal laws.
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This section is effective the day following final enactment.
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