SF 4584

as introduced - 92nd Legislature (2021 - 2022) Posted on 05/11/2022 07:42am

A bill for an act
relating to motor vehicles; prohibiting racing, drag racing, and related activities;
authorizing vehicle forfeitures for certain violations; imposing criminal penalties;
establishing a grant program; appropriating money; amending Minnesota Statutes
2020, sections 169.13, subdivision 1; 609.5312, subdivision 4; Minnesota Statutes
2021 Supplement, sections 171.18, subdivision 1; 609.531, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapter 169.

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

Section 1.

Minnesota Statutes 2020, section 169.13, subdivision 1, is amended to read:

Subdivision 1.

Reckless driving.

(a) A person who drives a motor vehicle or light rail
transit vehicle while aware of and consciously disregarding a substantial and unjustifiable
risk that the driving may result in harm to another or another's property is guilty of reckless
driving. The risk must be of such a nature and degree that disregard of it constitutes a
significant deviation from the standard of conduct that a reasonable person would observe
in the situation.

deleted text begin (b) A person shall not race any vehicle upon any street or highway of this state. Any
person who willfully compares or contests relative speeds by operating one or more vehicles
is guilty of racing, which constitutes reckless driving, whether or not the speed contested
or compared is in excess of the maximum speed prescribed by law.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end A person who violates paragraph (a) deleted text begin or (b) deleted text end is guilty of a misdemeanor. A person
who violates paragraph (a) deleted text begin or (b) deleted text end and causes great bodily harm or death to another is guilty
of a gross misdemeanor.

deleted text begin (d) deleted text end new text begin (c) new text end For purposes of this section, "great bodily harm" has the meaning given in section
609.02, subdivision 8.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

new text begin [169.135] RACING AND RELATED ACTIVITIES; PROHIBITION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Race" means:
new text end

new text begin (1) the use of one or more vehicles in an attempt to outgain, outdistance, or prevent
another vehicle from passing to arrive at a given destination faster than another vehicle or
vehicles, except lawfully passing another vehicle;
new text end

new text begin (2) to test the physical stamina or endurance of drivers over long-distance driving routes;
or
new text end

new text begin (3) the operation of one or more vehicles over a common selected course, from the same
point to the same point, for the purpose of comparing the relative speeds or power of
acceleration of the vehicle or vehicles within a certain distance or time limit.
new text end

new text begin (c) "Substantial bodily harm" and "great bodily harm" have the meanings given in section
609.02.
new text end

new text begin Subd. 2. new text end

new text begin Application; exception. new text end

new text begin This section applies to any person who drives, operates,
or is in physical control of a motor vehicle within this state or on any boundary water of
this state, except that it does not apply to racetracks or other venues where racing or drag
racing is lawfully conducted.
new text end

new text begin Subd. 3. new text end

new text begin Prohibition. new text end

new text begin (a) It is a violation of this section for a person to drive a vehicle
in any race, speed competition or contest, acceleration contest, test of physical endurance,
or exhibition of speed or acceleration, or cause increased noise from repetitive or continuous
skidding of tires or from repetitively or continuously revving engines. This prohibition
applies whether or not the speed contested or compared is in excess of the maximum speed
prescribed by law.
new text end

new text begin (b) It is a violation of this section for a person who is not driving a vehicle to do any of
the following with the intent to support, facilitate, or encourage another to commit a violation
of paragraph (a):
new text end

new text begin (1) observe or otherwise participate in any of the activities prohibited by paragraph (a)
if the person is knowingly present at and is purposely observing the activities;
new text end

new text begin (2) knowingly obstruct traffic in order to allow activities prohibited by paragraph (a) to
occur;
new text end

new text begin (3) ignite fireworks in violation of state law or city ordinance at a location where activities
prohibited by paragraph (a) are occurring; or
new text end

new text begin (4) serve as a lookout or timer for any of the activities prohibited by paragraph (a).
new text end

new text begin (c) A peace officer may arrest the driver of a vehicle if the officer has probable cause
to believe that the driver has operated the vehicle in violation of this section within the past
four hours. The arrest may be made even though the violation was not committed in the
officer's presence.
new text end

new text begin (d) Notwithstanding section 609.101, subdivision 4, the Judicial Council may not place
a violation of this section on the uniform fine schedule.
new text end

new text begin Subd. 4. new text end

new text begin Criminal penalties. new text end

new text begin (a) Except as provided in paragraphs (b) and (c), a person
who violates subdivision 3, paragraph (a) or (b), is guilty of a misdemeanor.
new text end

new text begin (b) A person who violates subdivision 3, paragraph (a), is guilty of a gross misdemeanor
if the violation results in substantial bodily harm to another or property damage to another's
property or the person has previously been convicted of a violation of this section.
new text end

new text begin (c) A person who violates subdivision 3, paragraph (a), is guilty of a felony and may be
sentenced to imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both, if the violation causes great bodily harm or death to another or the
person has previously been convicted of two or more violations of this section.
new text end

new text begin Subd. 5. new text end

new text begin Forfeiture. new text end

new text begin A vehicle used in violation of this section is subject to forfeiture
as provided in section 609.5312, subdivision 4.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2021 Supplement, section 171.18, subdivision 1, is amended
to read:

Subdivision 1.

Offenses.

(a) Subject to section 171.16, the commissioner may suspend
the license of a driver without preliminary hearing upon a showing by department records
or other sufficient evidence that the licensee:

(1) has committed an offense for which mandatory revocation of license is required upon
conviction;

(2) has been convicted by a court for violating a provision of chapter 169 or an ordinance
regulating traffic, other than a conviction for a petty misdemeanor, and department records
show that the violation contributed in causing an accident resulting in the death or personal
injury of another, or serious property damage;

(3) is an habitually reckless or negligent driver of a motor vehicle;

(4) is an habitual violator of the traffic laws;

(5) is incompetent to drive a motor vehicle as determined in a judicial proceeding;

(6) has permitted an unlawful or fraudulent use of the license;

(7) has committed an offense in another state that, if committed in this state, would be
grounds for suspension;

(8) has committed a violation of section 169.444, subdivision 2, paragraph (a), within
five years of a prior conviction under that section;

(9) has committed a violation of section 171.22, except that the commissioner may not
suspend a person's driver's license based solely on the fact that the person possessed a
fictitious or fraudulently altered Minnesota identification card;

(10) has failed to appear in court as provided in section 171.16, subdivision 3a;

(11) has failed to report a medical condition that, if reported, would have resulted in
cancellation of driving privileges;

(12) has been found to have committed an offense under section 169A.33; deleted text begin or
deleted text end

(13) has paid or attempted to pay a fee required under this chapter for a license or permit
by means of a dishonored check issued to the state or a driver's license agent, which must
be continued until the registrar determines or is informed by the agent that the dishonored
check has been paid in full new text begin ; or
new text end

new text begin (14) has committed a violation of section 169.135, subdivision 3, paragraph (a) new text end .

However, an action taken by the commissioner under clause (2) or (5) must conform to the
recommendation of the court when made in connection with the prosecution of the licensee.

(b) The commissioner is prohibited from suspending the driver's license of an individual
who meets any of the conditions described in paragraph (a) due to a conviction for a violation
of section 171.24, subdivision 1 or 2.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2021 Supplement, section 609.531, subdivision 1, is amended
to read:

Subdivision 1.

Definitions.

For the purpose of sections 609.531 to 609.5318, the
following terms have the meanings given them.

(a) "Conveyance device" means a device used for transportation and includes, but is not
limited to, a motor vehicle, trailer, snowmobile, airplane, and vessel and any equipment
attached to it. The term "conveyance device" does not include property which is, in fact,
itself stolen or taken in violation of the law.

(b) "Weapon used" means a dangerous weapon as defined under section 609.02,
subdivision 6, that the actor used or had in possession in furtherance of a crime.

(c) "Property" means property as defined in section 609.52, subdivision 1, clause (1).

(d) "Contraband" means property which is illegal to possess under Minnesota law.

(e) "Appropriate agency" means the Bureau of Criminal Apprehension, the Department
of Commerce Fraud Bureau, the Minnesota Division of Driver and Vehicle Services, the
Minnesota State Patrol, a county sheriff's department, the Three Rivers Park District
Department of Public Safety, the Department of Natural Resources Division of Enforcement,
the University of Minnesota Police Department, the Department of Corrections Fugitive
Apprehension Unit, a city, metropolitan transit, or airport police department; or a
multijurisdictional entity established under section 299A.642 or 299A.681.

(f) "Designated offense" includes:

(1) for weapons used: any violation of this chapter, chapter 152 or 624;

(2) for driver's license or identification card transactions: any violation of section 171.22;
and

(3) for all other purposes: a felony violation of, or a felony-level attempt or conspiracy
to violate, section 325E.17; 325E.18; 609.185; 609.19; 609.195; 609.2112; 609.2113;
609.2114; 609.221; 609.222; 609.223; 609.2231; 609.2335; 609.24; 609.245; 609.25;
609.255; 609.282; 609.283; 609.322; 609.342, subdivision 1, or subdivision 1a, clauses (a)
to (f) and (i); 609.343, subdivision 1, or subdivision 1a, clauses (a) to (f) and (i); 609.344,
subdivision 1, or subdivision 1a, clauses (a) to (e), (h), or (i); 609.345, subdivision 1, or
subdivision 1a, clauses (a) to (e), (h), and (i); 609.352; 609.42; 609.425; 609.466; 609.485;
609.487; 609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 609.561; 609.562;
609.563; 609.582; 609.59; 609.595; 609.611; 609.631; 609.66, subdivision 1e; 609.671,
subdivisions 3, 4, 5, 8, and 12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893;
609.895; 617.246; 617.247; or a gross misdemeanor or felony violation of section new text begin 169.135,
subdivision 4, paragraph (b) or (c); new text end 609.891 new text begin ; new text end or 624.7181; or any violation of section 609.324;
or a felony violation of, or a felony-level attempt or conspiracy to violate, Minnesota Statutes
2012, section 609.21.

(g) "Controlled substance" has the meaning given in section 152.01, subdivision 4.

(h) "Prosecuting authority" means the attorney who is responsible for prosecuting an
offense that is the basis for a forfeiture under sections 609.531 to 609.5318.

(i) "Asserting person" means a person, other than the driver alleged to have used a vehicle
in the transportation or exchange of a controlled substance intended for distribution or sale,
claiming an ownership interest in a vehicle that has been seized or restrained under this
section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2020, section 609.5312, subdivision 4, is amended to read:

Subd. 4.

Vehicle forfeiture for fleeing peace officer new text begin or drag racing new text end .

(a) A motor
vehicle is subject to forfeiture under this subdivision if it was used to commit a violation
of section new text begin 169.135, subdivision 4, paragraph (b) or (c), or new text end 609.487 new text begin , new text end and endanger life or
property. A motor vehicle is subject to forfeiture under this subdivision only if the offense
is established by proof of a criminal conviction for the offense. Except as otherwise provided
in this subdivision, a forfeiture under this subdivision is governed by sections 609.531,
609.5312, 609.5313, and 609.5315, subdivision 6.

(b) When a motor vehicle subject to forfeiture under this subdivision is seized in advance
of a judicial forfeiture order, a hearing before a judge or referee must be held within 96
hours of the seizure. Notice of the hearing must be given to the registered owner within 48
hours of the seizure. The prosecuting authority shall certify to the court, at or in advance of
the hearing, that it has filed or intends to file charges against the alleged violator for violating
section new text begin 169.135, subdivision 4, paragraph (b) or (c), or new text end 609.487. After conducting the
hearing, the court shall order that the motor vehicle be returned to the owner if:

(1) the prosecuting authority has failed to make the certification required by this
paragraph;

(2) the owner of the motor vehicle has demonstrated to the court's satisfaction that the
owner has a defense to the forfeiture, including but not limited to the defenses contained in
subdivision 2; or

(3) the court determines that seizure of the vehicle creates or would create an undue
hardship for members of the owner's family.

(c) If the defendant is acquitted or the charges against the defendant are dismissed,
neither the owner nor the defendant is responsible for paying any costs associated with the
seizure or storage of the vehicle.

(d) A vehicle leased or rented under section 168.27, subdivision 4, for a period of 180
days or less is not subject to forfeiture under this subdivision.

(e) A motor vehicle that is an off-road recreational vehicle as defined in section 169A.03,
subdivision 16, or a motorboat as defined in section 169A.03, subdivision 13, is not subject
to paragraph (b).

(f) For purposes of this subdivision, seizure occurs either:

(1) at the date at which personal service of process upon the registered owner is made;
or

(2) at the date when the registered owner has been notified by certified mail at the address
listed in the Minnesota Department of Public Safety computerized motor vehicle registration
records.

(g) The Department of Corrections Fugitive Apprehension Unit shall not seize a motor
vehicle for the purposes of forfeiture under paragraphs (a) to (f).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 6. new text begin PROCEEDS OF SALE.
new text end

new text begin If an aircraft under the jurisdiction of the Department of Public Safety is sold as a result
of a purchase made under section 7, paragraph (a) or (b), the proceeds from the sale must
be credited to the general fund.
new text end

Sec. 7. new text begin APPROPRIATIONS.
new text end

new text begin (a) $38,000,000 in fiscal year 2023 is appropriated from the general fund to the
commissioner of public safety to purchase three twin-engine helicopters for the State Patrol.
This is a onetime appropriation and is available until June 30, 2024.
new text end

new text begin (b) $7,100,000 in fiscal year 2023 is appropriated from the general fund to the
commissioner of public safety to purchase three airplanes for the State Patrol. This is a
onetime appropriation and is available until June 30, 2024.
new text end

new text begin (c) $....... in fiscal year 2023 is appropriated from the general fund to the commissioner
of public safety for the Office of Traffic Safety to provide grants to law enforcement agencies
to pay for officer overtime incurred in enforcing Minnesota Statutes, section 169.135.
new text end