SF 5352

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/09/2024 09:21am

A bill for an act
relating to public safety; expanding the DWI implied consent test advisory;
amending Minnesota Statutes 2022, sections 97B.066, subdivision 3; 171.177,
subdivision 1; 360.0753, subdivision 2; 624.7143, subdivision 3; Minnesota Statutes
2023 Supplement, section 169A.51, subdivision 4.

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

Section 1.

Minnesota Statutes 2022, section 97B.066, subdivision 3, is amended to read:

Subd. 3.

Rights and obligations.

At the time a test is requested, the person must be
informed that:

(1) Minnesota law requires a person to take a test to determine if the person is under the
influence of alcohol or a controlled substance;

(2) if the person refuses to take the test, the person is subject to a civil penalty of $500
and is prohibited for a one-year period from hunting, as provided under subdivision 2; and

(3) that deleted text begin , in the case of a breath test, deleted text end the person has the right to consult with an attorney,
but that this right is limited to the extent it cannot unreasonably delay administration of the
test or the person will be deemed to have refused the test.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to tests
administered on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 169A.51, subdivision 4, is amended
to read:

Subd. 4.

Requirement of urine or blood test.

A blood or urine test may be required
pursuant to a search warrant under sections 626.04 to 626.18 even after a breath test has
been administered if there is probable cause to believe that:

(1) there is impairment by a controlled substance; an intoxicating substance; or cannabis
flower, a cannabis product, a lower-potency hemp edible, a hemp-derived consumer product,
artificially derived cannabinoids, or tetrahydrocannabinols that is not subject to testing by
a breath test;

(2) a controlled substance listed in Schedule I or II or its metabolite, other than cannabis
flower, a cannabis product, a lower-potency hemp edible, a hemp-derived consumer product,
artificially derived cannabinoids, or tetrahydrocannabinols, is present in the person's body;
or

(3) the person is unconscious or incapacitated to the point that the peace officer providing
a deleted text begin breath deleted text end test advisory, administering a breath test, or serving the search warrant has a
good-faith belief that the person is mentally or physically unable to comprehend the deleted text begin breath deleted text end
test advisory or otherwise voluntarily submit to chemical tests.

Action may be taken against a person who refuses to take a blood test under this
subdivision only if a urine test was offered and action may be taken against a person who
refuses to take a urine test only if a blood test was offered. This limitation does not apply
to an unconscious person under the circumstances described in clause (3).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to tests
administered on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2022, section 171.177, subdivision 1, is amended to read:

Subdivision 1.

Search warrant-required testing advisory.

At the time a blood or urine
test is directed pursuant to a search warrant under sections 626.04 to 626.18, new text begin or a judicially
recognized exception to the search warrant requirement, new text end the person must be informed that new text begin :
new text end

new text begin (1) Minnesota law requires the person to take a test:
new text end

new text begin (i) to determine if the person is under the influence of alcohol; a controlled substance
or its metabolite; cannabis flower, a cannabis product, a lower-potency hemp edible, a
hemp-derived consumer product, artificially derived cannabinoids, or tetrahydrocannabinols;
or an intoxicating substance;
new text end

new text begin (ii) to determine the presence of a controlled substance listed in Schedule I or II or its
metabolite, other than cannabis flower, a cannabis product, a lower-potency hemp edible,
a hemp-derived consumer product, an artificially derived cannabinoid, or
tetrahydrocannabinols; and
new text end

new text begin (iii) if the motor vehicle was a commercial motor vehicle, to determine the presence of
alcohol;
new text end

new text begin (2) new text end refusal to submit to a blood or urine test is a crime new text begin ; and
new text end

new text begin (3) the person has the right to consult with an attorney, but that this right is limited to
the extent that it cannot unreasonably delay administration of the test new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to tests
administered on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2022, section 360.0753, subdivision 2, is amended to read:

Subd. 2.

Implied consent; conditions; election of test.

(a) Any person who operates
or attempts to operate an aircraft in or over this state or over any boundary water of this
state consents, subject to the provisions of this section and section 360.0752, to a chemical
test of that person's blood, breath, or urine for the purpose of determining the presence or
amount of alcohol, controlled substances, or intoxicating substances. The test shall be
administered at the direction of a peace officer.

(b) A test of the person's breath may be required when an officer has probable cause to
believe the person was operating or attempting to operate an aircraft in violation of section
360.0752 and one of the following conditions exists:

(1) the person has been lawfully placed under arrest for violation of section 360.0752;

(2) the person has been involved in an aircraft accident or collision resulting in property
damage, personal injury, or death;

(3) the person has refused to take the screening test provided for by section 360.0752;

(4) the screening test was administered and recorded an alcohol concentration of 0.04
or more or the presence of a controlled substance listed in Schedule I or II other than
marijuana or tetrahydrocannabinols; or

(5) the officer had probable cause to believe that the person was operating or attempting
to operate an aircraft with any amount of alcohol present in the person's body.

(c) A test of the person's blood or urine may be required by an officer under the conditions
described in paragraph (b) if the officer is acting pursuant to a search warrant under sections
626.04 to 626.18.

(d) At the time a test is requested, the person shall be informed:

(1) that Minnesota law requires the person to take a test to determine the presence or
amount of alcohol or a controlled substance listed in Schedule I or II other than marijuana
or tetrahydrocannabinols, or to determine if the person is under the influence of alcohol,
controlled substances, or intoxicating substances;

(2) that whether a test is taken or refused, the person may be subject to criminal
prosecution for an alcohol, controlled substance, or intoxicating substance-related offense
relating to the operation of an aircraft;

(3) that if testing is refused, the person may be subject to criminal prosecution because
the person refused testing and the person will be disqualified from operating an aircraft for
a minimum period of one year;

(4) if the peace officer has probable cause to believe the person has violated the criminal
vehicular homicide and injury laws, that pursuant to a search warrant a test will be taken
with or without the person's consent; and

(5) that deleted text begin , in the case of a breath test, deleted text end the person has the right to consult with an attorney,
but that this right is limited to the extent that it cannot unreasonably delay administration
of the test.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to tests
administered on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2022, section 624.7143, subdivision 3, is amended to read:

Subd. 3.

Rights and obligations.

At the time a test is requested, the person must be
informed that:

(1) Minnesota law requires a person to take a test to determine if the person is under the
influence of alcohol or a controlled substance;

(2) if the person refuses to take the test, the person is subject to a civil penalty of $500
and is prohibited for a period of one year from carrying a pistol in a public place on or about
the person's clothes or person, as provided under subdivision 2; and

(3) that deleted text begin , in the case of a breath test, deleted text end the person has the right to consult with an attorney,
but that this right is limited to the extent it cannot unreasonably delay administration of the
test or the person will be deemed to have refused the test.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to tests
administered on or after that date.
new text end