SF 75

as introduced - 91st Legislature (2019 - 2020) Posted on 02/06/2019 02:58pm

A bill for an act
relating to public safety; increasing the penalties for texting while driving and
authorizing the forfeiture of wireless communications devices used in certain
violations; providing that certain improper use of wireless communications devices
while driving crimes are not payable offenses; expanding the criminal vehicular
operation crime; requiring driver education and driver's manual to cover distracted
driving; authorizing rulemaking; amending Minnesota Statutes 2018, sections
169.475, subdivision 2, by adding a subdivision; 171.0701, subdivision 1; 171.0705,
by adding a subdivision; 609.2112, subdivision 1; 609.2113, subdivisions 1, 2, 3;
609.2114, subdivisions 1, 2; 609.531, subdivision 1; 609.5312, subdivision 2.

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

Section 1.

Minnesota Statutes 2018, section 169.475, subdivision 2, is amended to read:

Subd. 2.

Prohibition on use; penalty.

(a) deleted text begin No deleted text end new text begin When a motor vehicle is in motion or a
part of traffic, the new text end person deleted text begin may operate a motor deleted text end new text begin operating the new text end vehicle deleted text begin while deleted text end new text begin is prohibited
from new text end using a wireless communications device to compose, read, or send an electronic
message deleted text begin , when the vehicle is in motion or a part of traffic deleted text end .

(b) deleted text begin A person who violates paragraph (a) a second or subsequent time must pay a fine of
$225, plus the amount specified in the uniform fine schedule established by the Judicial
Council deleted text end new text begin A person who violates this subdivision is guilty of a misdemeanor new text end .

new text begin (c) A court must require a person who violates this subdivision to pay the following
fine:
new text end

new text begin (1) for a first offense, a fine of $150;
new text end

new text begin (2) for a second offense, a fine of $300; or
new text end

new text begin (3) for a third or subsequent offense, a fine of $500.
new text end

new text begin (d) Notwithstanding section 609.101, subdivision 4, the Judicial Council may not add
a violation of this subdivision that is a third or subsequent violation to the Statewide Payables
List.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2018, section 169.475, is amended by adding a subdivision to
read:

new text begin Subd. 4. new text end

new text begin Forfeiture. new text end

new text begin The wireless communications device used by a person while
violating subdivision 2 is subject to forfeiture under section 609.5312 if the violation is a
third or subsequent violation of that subdivision committed by the person.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2018, section 171.0701, subdivision 1, is amended to read:

Subdivision 1.

Driver education requirements.

(a) The commissioner shall adopt rules
requiring a minimum of 30 minutes of instruction, beginning January 1, 2007, relating to
organ and tissue donations and the provisions of section 171.07, subdivision 5, for persons
enrolled in driver education programs offered at public schools, private schools, and
commercial driver training schools.

(b) The commissioner shall adopt rules for persons enrolled in driver education programs
offered at public schools, private schools, and commercial driver training schools, requiring
inclusion in the course of instruction, by January 1, 2009, a section on awareness and safe
interaction with commercial motor vehicle traffic. The rules must require classroom
instruction and behind-the-wheel training that includes, but is not limited to, truck stopping
distances, proper distances for following trucks, identification of truck blind spots, and
avoidance of driving in truck blind spots.

(c) By January 1, 2012, the commissioner shall adopt rules for persons enrolled in driver
education programs offered at public schools, private schools, and commercial driver training
schools, requiring inclusion in the course of instruction of a section on carbon monoxide
poisoning. The instruction must include but is not limited to (1) a description of the
characteristics of carbon monoxide, (2) a review of the risks and potential speed of death
from carbon monoxide poisoning, and (3) specific suggestions regarding vehicle idling
practices.

new text begin (d) By January 1, 2020, the commissioner must adopt rules requiring driver education
programs offered at public schools, private schools, and commercial driver training schools
to include instruction on distracted driving. The instruction must include but is not limited
to:
new text end

new text begin (1) the laws governing distracted driving and the related penalties; and
new text end

new text begin (2) the dangers of distracted driving.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2018, section 171.0705, is amended by adding a subdivision
to read:

new text begin Subd. 11. new text end

new text begin Distracted driving. new text end

new text begin The commissioner must include in each edition of the
driver's manual a section on distracted driving that includes:
new text end

new text begin (1) the laws governing distracted driving and the related penalties; and
new text end

new text begin (2) the dangers of distracted driving.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2020.
new text end

Sec. 5.

Minnesota Statutes 2018, section 609.2112, subdivision 1, is amended to read:

Subdivision 1.

Criminal vehicular homicide.

(a) Except as provided in paragraph (b),
a person is guilty of criminal vehicular homicide and may be sentenced to imprisonment
for not more than ten years or to payment of a fine of not more than $20,000, or both, if the
person causes the death of a human being not constituting murder or manslaughter as a
result of operating a motor vehicle:

(1) in a grossly negligent manner;

(2) in a negligent manner while under the influence of:

(i) alcohol;

(ii) a controlled substance; or

(iii) any combination of those elements;

(3) while having an alcohol concentration of 0.08 or more;

(4) while having an alcohol concentration of 0.08 or more, as measured within two hours
of the time of driving;

(5) in a negligent manner while under the influence of an intoxicating substance and the
person knows or has reason to know that the substance has the capacity to cause impairment;

(6) in a negligent manner while any amount of a controlled substance listed in Schedule
I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is present in the
person's body;

(7) where the driver who causes the collision leaves the scene of the collision in violation
of section 169.09, subdivision 1 or 6; deleted text begin or
deleted text end

(8) where the driver had actual knowledge that a peace officer had previously issued a
citation or warning that the motor vehicle was defectively maintained, the driver had actual
knowledge that remedial action was not taken, the driver had reason to know that the defect
created a present danger to others, and the death was caused by the defective maintenance deleted text begin . deleted text end new text begin ;
or
new text end

new text begin (9) in a negligent manner while the driver is operating a cellular phone or other electronic
device in any manner without the use of a hands-free setting.
new text end

(b) If a person is sentenced under paragraph (a) for a violation under paragraph (a),
clauses (2) to (6), occurring within ten years of a qualified prior driving offense, the statutory
maximum sentence of imprisonment is 15 years.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2018, section 609.2113, subdivision 1, is amended to read:

Subdivision 1.

Great bodily harm.

A person is guilty of criminal vehicular operation
resulting in great bodily harm 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 person causes great
bodily harm to another not constituting attempted murder or assault as a result of operating
a motor vehicle:

(1) in a grossly negligent manner;

(2) in a negligent manner while under the influence of:

(i) alcohol;

(ii) a controlled substance; or

(iii) any combination of those elements;

(3) while having an alcohol concentration of 0.08 or more;

(4) while having an alcohol concentration of 0.08 or more, as measured within two hours
of the time of driving;

(5) in a negligent manner while under the influence of an intoxicating substance and the
person knows or has reason to know that the substance has the capacity to cause impairment;

(6) in a negligent manner while any amount of a controlled substance listed in Schedule
I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is present in the
person's body;

(7) where the driver who causes the accident leaves the scene of the accident in violation
of section 169.09, subdivision 1 or 6; deleted text begin or
deleted text end

(8) where the driver had actual knowledge that a peace officer had previously issued a
citation or warning that the motor vehicle was defectively maintained, the driver had actual
knowledge that remedial action was not taken, the driver had reason to know that the defect
created a present danger to others, and the injury was caused by the defective maintenance deleted text begin . deleted text end new text begin ;
or
new text end

new text begin (9) in a negligent manner while the driver is operating a cellular phone or other electronic
device in any manner without the use of a hands-free setting.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2018, section 609.2113, subdivision 2, is amended to read:

Subd. 2.

Substantial bodily harm.

A person is guilty of criminal vehicular operation
resulting in substantial bodily harm and may be sentenced to imprisonment for not more
than three years or to payment of a fine of not more than $10,000, or both, if the person
causes substantial bodily harm to another as a result of operating a motor vehicle:

(1) in a grossly negligent manner;

(2) in a negligent manner while under the influence of:

(i) alcohol;

(ii) a controlled substance; or

(iii) any combination of those elements;

(3) while having an alcohol concentration of 0.08 or more;

(4) while having an alcohol concentration of 0.08 or more, as measured within two hours
of the time of driving;

(5) in a negligent manner while under the influence of an intoxicating substance and the
person knows or has reason to know that the substance has the capacity to cause impairment;

(6) in a negligent manner while any amount of a controlled substance listed in Schedule
I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is present in the
person's body;

(7) where the driver who causes the accident leaves the scene of the accident in violation
of section 169.09, subdivision 1 or 6; deleted text begin or
deleted text end

(8) where the driver had actual knowledge that a peace officer had previously issued a
citation or warning that the motor vehicle was defectively maintained, the driver had actual
knowledge that remedial action was not taken, the driver had reason to know that the defect
created a present danger to others, and the injury was caused by the defective maintenance deleted text begin . deleted text end new text begin ;
or
new text end

new text begin (9) in a negligent manner while the driver is operating a cellular phone or other electronic
device in any manner without the use of a hands-free setting.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2018, section 609.2113, subdivision 3, is amended to read:

Subd. 3.

Bodily harm.

A person is guilty of criminal vehicular operation resulting in
bodily harm 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, if the person causes bodily harm to another as a
result of operating a motor vehicle:

(1) in a grossly negligent manner;

(2) in a negligent manner while under the influence of:

(i) alcohol;

(ii) a controlled substance; or

(iii) any combination of those elements;

(3) while having an alcohol concentration of 0.08 or more;

(4) while having an alcohol concentration of 0.08 or more, as measured within two hours
of the time of driving;

(5) in a negligent manner while under the influence of an intoxicating substance and the
person knows or has reason to know that the substance has the capacity to cause impairment;

(6) in a negligent manner while any amount of a controlled substance listed in Schedule
I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is present in the
person's body;

(7) where the driver who causes the accident leaves the scene of the accident in violation
of section 169.09, subdivision 1 or 6; deleted text begin or
deleted text end

(8) where the driver had actual knowledge that a peace officer had previously issued a
citation or warning that the motor vehicle was defectively maintained, the driver had actual
knowledge that remedial action was not taken, the driver had reason to know that the defect
created a present danger to others, and the injury was caused by the defective maintenance deleted text begin . deleted text end new text begin ;
or
new text end

new text begin (9) in a negligent manner while the driver is operating a cellular phone or other electronic
device in any manner without the use of a hands-free setting.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2018, section 609.2114, subdivision 1, is amended to read:

Subdivision 1.

Death to an unborn child.

(a) Except as provided in paragraph (b), a
person is guilty of criminal vehicular operation resulting in death to an unborn child and
may be sentenced to imprisonment for not more than ten years or to payment of a fine of
not more than $20,000, or both, if the person causes the death of an unborn child as a result
of operating a motor vehicle:

(1) in a grossly negligent manner;

(2) in a negligent manner while under the influence of:

(i) alcohol;

(ii) a controlled substance; or

(iii) any combination of those elements;

(3) while having an alcohol concentration of 0.08 or more;

(4) while having an alcohol concentration of 0.08 or more, as measured within two hours
of the time of driving;

(5) in a negligent manner while under the influence of an intoxicating substance and the
person knows or has reason to know that the substance has the capacity to cause impairment;

(6) in a negligent manner while any amount of a controlled substance listed in Schedule
I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is present in the
person's body;

(7) where the driver who causes the accident leaves the scene of the accident in violation
of section 169.09, subdivision 1 or 6; deleted text begin or
deleted text end

(8) where the driver had actual knowledge that a peace officer had previously issued a
citation or warning that the motor vehicle was defectively maintained, the driver had actual
knowledge that remedial action was not taken, the driver had reason to know that the defect
created a present danger to others, and the injury was caused by the defective maintenance deleted text begin . deleted text end new text begin ;
or
new text end

new text begin (9) in a negligent manner while the driver is operating a cellular phone or other electronic
device in any manner without the use of a hands-free setting.
new text end

(b) If a person is sentenced under paragraph (a) for a violation under paragraph (a),
clauses (2) to (6), occurring within ten years of a qualified prior driving offense, the statutory
maximum sentence of imprisonment is 15 years.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 10.

Minnesota Statutes 2018, section 609.2114, subdivision 2, is amended to read:

Subd. 2.

Injury to an unborn child.

A person is guilty of criminal vehicular operation
resulting in injury to an unborn child 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 person
causes the great bodily harm to an unborn child subsequently born alive as a result of
operating a motor vehicle:

(1) in a grossly negligent manner;

(2) in a negligent manner while under the influence of:

(i) alcohol;

(ii) a controlled substance; or

(iii) any combination of those elements;

(3) while having an alcohol concentration of 0.08 or more;

(4) while having an alcohol concentration of 0.08 or more, as measured within two hours
of the time of driving;

(5) in a negligent manner while under the influence of an intoxicating substance and the
person knows or has reason to know that the substance has the capacity to cause impairment;

(6) in a negligent manner while any amount of a controlled substance listed in Schedule
I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is present in the
person's body;

(7) where the driver who causes the accident leaves the scene of the accident in violation
of section 169.09, subdivision 1 or 6; deleted text begin or
deleted text end

(8) where the driver had actual knowledge that a peace officer had previously issued a
citation or warning that the motor vehicle was defectively maintained, the driver had actual
knowledge that remedial action was not taken, the driver had reason to know that the defect
created a present danger to others, and the injury was caused by the defective maintenance deleted text begin . deleted text end new text begin ;
or
new text end

new text begin (9) in a negligent manner while the driver is operating a cellular phone or other electronic
device in any manner without the use of a hands-free setting.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2018, 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 park
rangers, 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;
deleted text begin and
deleted text end

new text begin (3) for misuse of wireless communications devices while driving: a violation of section
169.475, subdivision 2, that is the third or subsequent violation of that subdivision committed
by the person; and
new text end

deleted text begin (3) deleted text end new text begin (4) new text end 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, clauses (a) to (f); 609.343,
subdivision 1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to (e), and (h) to (j);
609.345, subdivision 1, clauses (a) to (e), and (h) to (j); 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
609.891 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 12.

Minnesota Statutes 2018, section 609.5312, subdivision 2, is amended to read:

Subd. 2.

Limitations on forfeiture of property associated with designated offenses.

(a)
Property used by a person as a common carrier in the transaction of business as a common
carrier is subject to forfeiture under this section only if the owner of the property is a
consenting party to, or is privy to, the commission of a designated offense.

(b) Property is subject to forfeiture under this section only if the owner was privy to the
act or omission upon which the forfeiture is based, or the act or omission occurred with the
owner's knowledge or consent.

(c) Property encumbered by a bona fide security interest is subject to the interest of the
secured party unless the party had knowledge of or consented to the act or omission upon
which the forfeiture is based. A person claiming a security interest bears the burden of
establishing that interest by clear and convincing evidence.

(d) Notwithstanding paragraphs (b) and (c), property is not subject to forfeiture based
solely on the owner's or secured party's knowledge of the act or omission upon which the
forfeiture is based if the owner or secured party took reasonable steps to terminate use of
the property by the offender.

new text begin (e) Notwithstanding any contrary provision in this section, for a designated offense
involving a violation of section 169.475, only the wireless communications device used in
the offense is subject to forfeiture under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 13. new text begin RULEMAKING.
new text end

new text begin Minnesota Statutes, section 171.0701, subdivision 2, applies to section 3.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end