Minnesota Legislature
SF 778
1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to crimes; permitting Bureau of Criminal 1.3 Apprehension to certify chemical test results directly 1.4 to commissioner of public safety for driver's license 1.5 action; further limiting scope of judicial review of 1.6 license plate impoundment order; expanding proof of 1.7 service requirement for petitioner appealing license 1.8 plate impoundment or vehicle forfeiture order; 1.9 clarifying conditions under which new license plates 1.10 may be issued following plate impoundment; 1.11 strengthening the process for assessing chemical 1.12 dependency of impaired driving violators; amending 1.13 Minnesota Statutes 2004, sections 169A.52, subdivision 1.14 4; 169A.60, subdivisions 10, 11; 169A.63, subdivision 1.15 8; 169A.70, subdivision 3, by adding subdivisions. 1.16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.17 Section 1. Minnesota Statutes 2004, section 169A.52, 1.18 subdivision 4, is amended to read: 1.19 Subd. 4. [TEST FAILURE; LICENSE REVOCATION.] (a) Upon 1.20 certification by the peace officer that there existed probable 1.21 cause to believe the person had been driving, operating, or in 1.22 physical control of a motor vehicle in violation of section 1.23 169A.20 (driving while impaired) and that the person submitted 1.24 to a test and the test results indicate an alcohol concentration 1.25 of 0.08 or more or the presence of a controlled substance listed 1.26 in schedule I or II, other than marijuana or 1.27 tetrahydrocannabinols, then the commissioner shall revoke the 1.28 person's license or permit to drive, or nonresident operating 1.29 privilege: 1.30 (1) for a period of 90 days; 2.1 (2) if the person is under the age of 21 years, for a 2.2 period of six months; 2.3 (3) for a person with a qualified prior impaired driving 2.4 incident within the past ten years, for a period of 180 days; or 2.5 (4) if the test results indicate an alcohol concentration 2.6 of 0.20 or more, for twice the applicable period in clauses (1) 2.7 to (3). 2.8 (b) On certification by the peace officer that there 2.9 existed probable cause to believe the person had been driving, 2.10 operating, or in physical control of a commercial motor vehicle 2.11 with any presence of alcohol and that the person submitted to a 2.12 test and the test results indicated an alcohol concentration of 2.13 0.04 or more, the commissioner shall disqualify the person from 2.14 operating a commercial motor vehicle under section 171.165 2.15 (commercial driver's license disqualification). 2.16 (c) If the test is of a person's blood or urine by a 2.17 laboratory operated by the Bureau of Criminal Apprehension, or 2.18 authorized by the bureau to conduct the analysis of a blood or 2.19 urine sample, the laboratory may directly certify to the 2.20 commissioner the test results, and the peace officer shall 2.21 certify to the commissioner that there existed probable cause to 2.22 believe the person had been driving, operating, or in physical 2.23 control of a motor vehicle in violation of section 169A.20 and 2.24 that the person submitted to a test. Upon receipt of both 2.25 certifications, the commissioner shall undertake the license 2.26 actions described in paragraphs (a) and (b). 2.27 [EFFECTIVE DATE.] This section is effective August 1, 2006, 2.28 and applies to blood and urine test samples analyzed on or after 2.29 that date. 2.30 Sec. 2. Minnesota Statutes 2004, section 169A.60, 2.31 subdivision 10, is amended to read: 2.32 Subd. 10. [PETITION FOR JUDICIAL REVIEW.] (a) Within 30 2.33 days following receipt of a notice and order of impoundment 2.34 under this section, a person may petition the court for review. 2.35 The petition must include proof of service of a copy of the 2.36 petition on the commissioner. The petition must include the 3.1 petitioner's date of birth, driver's license number, and date of 3.2 the plate impoundment violation, as well as the name of the 3.3 violator and the law enforcement agency that issued the plate 3.4 impoundment order. The petition must state with specificity the 3.5 grounds upon which the petitioner seeks rescission of the order 3.6 for impoundment. The petition may be combined with any petition 3.7 filed under section 169A.53 (administrative and judicial review 3.8 of license revocation). 3.9 (b) Except as otherwise provided in this section, the 3.10 judicial review and hearing are governed by section 169A.53 and 3.11 must take place at the same time as any judicial review of the 3.12 person's license revocation under section 169A.53. The filing 3.13 of the petition does not stay the impoundment order. The 3.14 reviewing court may order a stay of the balance of the 3.15 impoundment period if the hearing has not been conducted within 3.16 60 days after filing of the petition upon terms the court deems 3.17 proper. The court shall order either that the impoundment be 3.18 rescinded or sustained, and forward the order to the 3.19 commissioner. The court shall file its order within 14 days 3.20 following the hearing. 3.21 (c) In addition to the issues described in section 169A.53, 3.22 subdivision 3 (judicial review of license revocation), the scope 3.23 of a hearing under this subdivision is limited to: 3.24 (1)whether the violator owns, is the registered owner of,3.25possesses, or has access to the vehicle used in the plate3.26impoundment violation;3.27(2) whether a member of the violator's household has a3.28valid driver's license, the violator or registered owner has a3.29limited license issued under section 171.30, the registered3.30owner is not the violator, and the registered owner has a valid3.31or limited driver's license, or a member of the registered3.32owner's household has a valid driver's license; and3.33(3)if the impoundment is based on a plate impoundment 3.34 violation described in subdivision 1, paragraph(c)(d), clause 3.35 (3) or (4), whether the peace officer had probable cause to 3.36 believe the violator committed the plate impoundment violation 4.1 and whether the evidence demonstrates that the plate impoundment 4.2 violation occurred; and 4.3 (2) for all other cases, whether the peace officer had 4.4 probable cause to believe the violator committed the plate 4.5 impoundment violation. 4.6 (d) In a hearing under this subdivision, the following 4.7 records are admissible in evidence: 4.8 (1) certified copies of the violator's driving record; and 4.9 (2) certified copies of vehicle registration records 4.10 bearing the violator's name. 4.11 [EFFECTIVE DATE.] This section is effective August 1, 2005. 4.12 Sec. 3. Minnesota Statutes 2004, section 169A.60, 4.13 subdivision 11, is amended to read: 4.14 Subd. 11. [RESCISSION OF REVOCATION;AND DISMISSAL OR 4.15 ACQUITTAL; NEW PLATES.] If: 4.16 (1) the driver's license revocation that is the basis for 4.17 an impoundment order is rescinded; and 4.18 (2) the charges for the plate impoundment violation have 4.19 been dismissed with prejudice;or 4.20(3)the violator has been acquitted of the plate 4.21 impoundment violation; 4.22 then the registrar of motor vehicles shall issue new 4.23 registration plates for the vehicle at no cost, when the 4.24 registrar receives an application that includes a copy of the 4.25 order rescinding the driver's license revocation,and either the 4.26 order dismissing the charges,or the judgment of acquittal. 4.27 [EFFECTIVE DATE.] This section is effective the day 4.28 following final enactment. 4.29 Sec. 4. Minnesota Statutes 2004, section 169A.63, 4.30 subdivision 8, is amended to read: 4.31 Subd. 8. [ADMINISTRATIVE FORFEITURE PROCEDURE.] (a) A 4.32 motor vehicle used to commit a designated offense or used in 4.33 conduct resulting in a designated license revocation is subject 4.34 to administrative forfeiture under this subdivision. 4.35 (b) When a motor vehicle is seized under subdivision 2, or 4.36 within a reasonable time after seizure, the appropriate agency 5.1 shall serve the driver or operator of the vehicle with a notice 5.2 of the seizure and intent to forfeit the vehicle. Additionally, 5.3 when a motor vehicle is seized under subdivision 2, or within a 5.4 reasonable time after that, all persons known to have an 5.5 ownership, possessory, or security interest in the vehicle must 5.6 be notified of the seizure and the intent to forfeit the 5.7 vehicle. For those vehicles required to be registered under 5.8 chapter 168, the notification to a person known to have a 5.9 security interest in the vehicle is required only if the vehicle 5.10 is registered under chapter 168 and the interest is listed on 5.11 the vehicle's title. Notice mailed by certified mail to the 5.12 address shown in Department of Public Safety records is 5.13 sufficient notice to the registered owner of the vehicle. For 5.14 motor vehicles not required to be registered under chapter 168, 5.15 notice mailed by certified mail to the address shown in the 5.16 applicable filing or registration for the vehicle is sufficient 5.17 notice to a person known to have an ownership, possessory, or 5.18 security interest in the vehicle. Otherwise, notice may be 5.19 given in the manner provided by law for service of a summons in 5.20 a civil action. 5.21 (c) The notice must be in writing and contain: 5.22 (1) a description of the vehicle seized; 5.23 (2) the date of seizure; and 5.24 (3) notice of the right to obtain judicial review of the 5.25 forfeiture and of the procedure for obtaining that judicial 5.26 review, printed in English, Hmong, and Spanish. Substantially 5.27 the following language must appear conspicuously: "IF YOU DO 5.28 NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA 5.29 STATUTES, SECTION 169A.63, SUBDIVISION 8, YOU LOSE THE RIGHT TO 5.30 A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY 5.31 RIGHT YOU MAY HAVE TO THE ABOVE-DESCRIBED PROPERTY. YOU MAY NOT 5.32 HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE 5.33 UNABLE TO AFFORD THE FEE. IF THE PROPERTY IS WORTH $7,500 OR 5.34 LESS, YOU MAY FILE YOUR CLAIM IN CONCILIATION COURT. YOU DO NOT 5.35 HAVE TO PAY THE CONCILIATION COURT FILING FEE IF THE PROPERTY IS 5.36 WORTH LESS THAN $500." 6.1 (d) Within 30 days following service of a notice of seizure 6.2 and forfeiture under this subdivision, a claimant may file a 6.3 demand for a judicial determination of the forfeiture. The 6.4 demand must be in the form of a civil complaint and must be 6.5 filed with the court administrator in the county in which the 6.6 seizure occurred, together with proof of service of a copy of 6.7 the complaint on the prosecuting authority having jurisdiction 6.8 over the forfeiture,and the appropriate agency that initiated 6.9 the forfeiture, including the standard filing fee for civil 6.10 actions unless the petitioner has the right to sue in forma 6.11 pauperis under section 563.01. If the value of the seized 6.12 property is $7,500 or less, the claimant may file an action in 6.13 conciliation court for recovery of the seized vehicle. A copy 6.14 of the conciliation court statement of claim must be served 6.15 personally or by mail on the prosecuting authority having 6.16 jurisdiction over the forfeiture, as well as on the appropriate 6.17 agency that initiated the forfeiture, within 30 days following 6.18 service of the notice of seizure and forfeiture under this 6.19 subdivision. If the value of the seized property is less than 6.20 $500, the claimant does not have to pay the conciliation court 6.21 filing fee. 6.22 No responsive pleading is required of the prosecuting 6.23 authority and no court fees may be charged for the prosecuting 6.24 authority's appearance in the matter. The prosecuting authority 6.25 may appear for the appropriate agency. Pleadings, filings, and 6.26 methods of service are governed by the Rules of Civil Procedure. 6.27 (e) The complaint must be captioned in the name of the 6.28 claimant as plaintiff and the seized vehicle as defendant, and 6.29 must state with specificity the grounds on which the claimant 6.30 alleges the vehicle was improperly seized, the claimant's 6.31 interest in the vehicle seized, and any affirmative defenses the 6.32 claimant may have. Notwithstanding any law to the contrary, an 6.33 action for the return of a vehicle seized under this section may 6.34 not be maintained by or on behalf of any person who has been 6.35 served with a notice of seizure and forfeiture unless the person 6.36 has complied with this subdivision. 7.1 (f) If the claimant makes a timely demand for a judicial 7.2 determination under this subdivision, the forfeiture proceedings 7.3 must be conducted as provided under subdivision 9. 7.4 [EFFECTIVE DATE.] This section is effective August 1, 2005, 7.5 and applies to forfeiture actions initiated on or after that 7.6 date. 7.7 Sec. 5. Minnesota Statutes 2004, section 169A.70, 7.8 subdivision 3, is amended to read: 7.9 Subd. 3. [ASSESSMENT REPORT.] (a) The assessment report 7.10 must be on a form prescribed by the commissioner and shall 7.11 contain an evaluation of the convicted defendant concerning the 7.12 defendant's prior traffic and criminal record, characteristics 7.13 and history of alcohol and chemical use problems, and 7.14 amenability to rehabilitation through the alcohol safety 7.15 program. The report is classified as private data on 7.16 individuals as defined in section 13.02, subdivision 12. 7.17 (b) The assessment report must include: 7.18 (1) a diagnosis of the nature of the offender's chemical 7.19 and alcohol involvement; 7.20 (2) an assessment of the severity level of the involvement; 7.21 (3) a recommended level of care for the offender in 7.22 accordance with the criteria contained in rules adopted by the 7.23 commissioner of human services under section 254A.03, 7.24 subdivision 3 (chemical dependency treatment rules); 7.25 (4) an assessment of the offender's placement needs; 7.26(2)(5) recommendations for other appropriate remedial 7.27 action or care, including aftercare services in section 254B.01, 7.28 subdivision 3, that may consist of educational programs, 7.29 one-on-one counseling, a program or type of treatment that 7.30 addresses mental health concerns, or a combination of them;or7.31 and 7.32(3)(6) a specific explanation why no level of care or 7.33 action was recommended, if applicable. 7.34 [EFFECTIVE DATE.] This section is effective August 1, 2005, 7.35 and applies to chemical use assessments made on or after that 7.36 date. 8.1 Sec. 6. Minnesota Statutes 2004, section 169A.70, is 8.2 amended by adding a subdivision to read: 8.3 Subd. 6. [METHOD OF ASSESSMENT.] (a) As used in this 8.4 subdivision, "collateral contact" means an oral or written 8.5 communication initiated by an assessor for the purpose of 8.6 gathering information from an individual or agency, other than 8.7 the offender, to verify or supplement information provided by 8.8 the offender during an assessment under this section. The term 8.9 includes contacts with family members, criminal justice 8.10 agencies, educational institutions, and employers. 8.11 (b) An assessment conducted under this section must include 8.12 at least one personal interview with the offender designed to 8.13 make a determination about the extent of the offender's past and 8.14 present chemical and alcohol use or abuse. It must also include 8.15 collateral contacts and a review of relevant records or reports 8.16 regarding the offender including, but not limited to, police 8.17 reports, arrest reports, driving records, chemical testing 8.18 records, and test refusal records. If the offender has a 8.19 probation officer, the officer must be the subject of a 8.20 collateral contact under this subdivision. If an assessor is 8.21 unable to make collateral contacts, the assessor shall specify 8.22 why collateral contacts were not made. 8.23 [EFFECTIVE DATE.] This section is effective August 1, 2005, 8.24 and applies to chemical use assessments made on or after that 8.25 date. 8.26 Sec. 7. Minnesota Statutes 2004, section 169A.70, is 8.27 amended by adding a subdivision to read: 8.28 Subd. 7. [PRECONVICTION ASSESSMENT.] (a) The court may not 8.29 accept a chemical use assessment conducted before conviction as 8.30 a substitute for the assessment required by this section unless 8.31 the court ensures that the preconviction assessment meets the 8.32 standards described in this section. 8.33 (b) If the commissioner of public safety is making a 8.34 decision regarding reinstating a person's driver's license based 8.35 on a chemical use assessment, the commissioner shall ensure that 8.36 the assessment meets the standards described in this section. 9.1 [EFFECTIVE DATE.] This section is effective August 1, 2005, 9.2 and applies to chemical use assessments made on or after that 9.3 date.