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SF 4377

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/31/2022 08:37am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to public safety; modifying the requirement that certain persons charged
with driving while impaired crimes submit to electronic alcohol monitoring;
amending Minnesota Statutes 2020, section 169A.44.

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

Section 1.

Minnesota Statutes 2020, section 169A.44, is amended to read:


169A.44 CONDITIONAL RELEASE.

Subdivision 1.

Nonfelony violations.

(a) This subdivision applies to a person charged
with a nonfelony violation of section 169A.20 (driving while impaired) under circumstances
described in section 169A.40, subdivision 3 (certain DWI offenders; custodial arrest).

(b)new text begin Except as provided in subdivision 3,new text end unless maximum bail is imposed under section
629.471, a person described in paragraph (a) may be released from detention only if the
person agrees to:

(1) abstain from alcohol; and

(2) submit to a program of electronic alcohol monitoring, involving at least daily
measurements of the person's alcohol concentration, pending resolution of the charge.

Clause (2) applies only when electronic alcohol-monitoring equipment is available to
the court. The court shall require partial or total reimbursement from the person for the cost
of the electronic alcohol-monitoring, to the extent the person is able to pay.

Subd. 2.

Felony violations.

(a)new text begin Except as provided in subdivision 3,new text end a person charged
with violating section 169A.20 within ten years of the first of three or more qualified prior
impaired driving incidents may be released from detention only if the following conditions
are imposed:

(1) the conditions described in subdivision 1, paragraph (b), if applicable;

(2) the impoundment of the registration plates of the vehicle used to commit the violation,
unless already impounded;

(3) if the vehicle used to commit the violation was an off-road recreational vehicle or a
motorboat, the impoundment of the off-road recreational vehicle or motorboat;

(4) a requirement that the person report weekly to a probation agent;

(5) a requirement that the person abstain from consumption of alcohol and controlled
substances and submit to random alcohol tests or urine analyses at least weekly;

(6) a requirement that, if convicted, the person reimburse the court or county for the
total cost of these services; and

(7) any other conditions of release ordered by the court.

(b) In addition to setting forth conditions of release under paragraph (a), if required by
court rule, the court shall also fix the amount of money bail without other conditions upon
which the defendant may obtain release.

new text begin Subd. 3. new text end

new text begin Exception; ignition interlock program. new text end

new text begin A court is not required to order a
person charged with violating section 169A.24 (first-degree driving while impaired), 169A.25
(second-degree driving while impaired), or 169A.26 (third-degree driving while impaired)
to submit to a program of electronic alcohol monitoring under subdivision 1 or 2 if the
person becomes a program participant in the ignition interlock program under section
171.306.
new text end