SF 75

2nd Engrossment - 91st Legislature (2019 - 2020) Posted on 04/08/2019 02:10pm

A bill for an act
relating to public safety; increasing the penalties for texting while driving;
authorizing the suspension of driver's licenses; providing that certain texting while
driving crimes are not payable offenses; expanding the criminal vehicular operation
crime; requiring driver education and driver's manual to cover distracted driving;
amending Minnesota Statutes 2018, sections 169.475, subdivisions 1, 2; 171.0701,
subdivision 1; 171.0705, by adding a subdivision; 171.30, subdivision 1; 609.2111;
609.2112, subdivision 1; 609.2113, subdivisions 1, 2, 3; 609.2114, subdivisions
1, 2.

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

Section 1.

Minnesota Statutes 2018, section 169.475, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Definition deleted text end new text begin Definitions new text end .

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

new text begin (b) new text end "Electronic message" means a self-contained piece of digital communication that is
designed or intended to be transmitted between physical devices. An electronic message
includes, but is not limited to, e-mail, a text message, an instant message, a command or
request to access a World Wide Web page, or other data that uses a commonly recognized
electronic communications protocol. An electronic message does not include voice or other
data transmitted as a result of making a phone call, or data transmitted automatically by a
wireless communications device without direct initiation by a person.

new text begin (c) "Voice-activated" or "hands-free mode" means an attachment, accessory, application,
wireless connection, or built-in feature of a wireless communications device or vehicle that
allows the person to use the device without the use of either hand except to activate or
deactivate a feature or function.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

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 new text begin . A court must require a person
who violates this paragraph to pay a fine of $150 new text end .

(b) A person who violates paragraph (a) a second deleted text begin or subsequent deleted text end time must new text begin be required
by the court to new text end pay a fine of deleted text begin $225, plus the amount specified in the uniform fine schedule
established by the Judicial Council deleted text end new text begin $300 new text end .

new text begin (c) A person who violates paragraph (a) within ten years of the first of two or more
violations of paragraph (a) must be required by the court to pay a fine of $500.
Notwithstanding section 609.101, subdivision 4, the Judicial Council may not add a violation
of this paragraph to the Statewide Payables List.
new text end

new text begin (d) A person who violates this subdivision a third or subsequent time is guilty of a
misdemeanor.
new text end

new text begin (e) The commissioner of public safety must suspend, for a period of 30 days, the driver's
license of any person convicted of violating paragraph (c). A person whose license is
suspended under this paragraph is eligible for a limited license under section 171.30.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to acts
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, driver education programs offered at public schools, private
schools, and commercial driver training schools must 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 171.30, subdivision 1, is amended to read:

Subdivision 1.

Conditions of issuance.

(a) The commissioner may issue a limited license
to the driver under the conditions in paragraph (b) in any case where a person's license has
been:

(1) suspended under section new text begin 169.475, new text end 171.18, 171.173, 171.186, or 171.187;

(2) revoked, canceled, or denied under section:

(i) 169.792;

(ii) 169.797;

(iii) 169A.52:

(A) subdivision 3, paragraph (a), clause (1) or (2);

(B) subdivision 3, paragraph (a), clause (4), (5), or (6), if in compliance with section
171.306;

(C) subdivision 4, paragraph (a), clause (1) or (2), if the test results indicate an alcohol
concentration of less than twice the legal limit;

(D) subdivision 4, paragraph (a), clause (4), (5), or (6), if in compliance with section
171.306;

(iv) 171.17; or

(v) 171.172;

(3) revoked, canceled, or denied under section 169A.54:

(i) subdivision 1, clause (1), if the test results indicate an alcohol concentration of less
than twice the legal limit;

(ii) subdivision 1, clause (2);

(iii) subdivision 1, clause (5), (6), or (7), if in compliance with section 171.306; or

(iv) subdivision 2, if the person does not have a qualified prior impaired driving incident
as defined in section 169A.03, subdivision 22, on the person's record, and the test results
indicate an alcohol concentration of less than twice the legal limit; or

(4) revoked, canceled, or denied under section 171.177:

(i) subdivision 4, paragraph (a), clause (1) or (2);

(ii) subdivision 4, paragraph (a), clause (4), (5), or (6), if in compliance with section
171.306;

(iii) subdivision 5, paragraph (a), clause (1) or (2), if the test results indicate an alcohol
concentration of less than twice the legal limit; or

(iv) subdivision 5, paragraph (a), clause (4), (5), or (6), if in compliance with section
171.306.

(b) The following conditions for a limited license under paragraph (a) include:

(1) if the driver's livelihood or attendance at a chemical dependency treatment or
counseling program depends upon the use of the driver's license;

(2) if the use of a driver's license by a homemaker is necessary to prevent the substantial
disruption of the education, medical, or nutritional needs of the family of the homemaker;
or

(3) if attendance at a postsecondary institution of education by an enrolled student of
that institution depends upon the use of the driver's license.

(c) The commissioner in issuing a limited license may impose such conditions and
limitations as in the commissioner's judgment are necessary to the interests of the public
safety and welfare including reexamination as to the driver's qualifications. The license may
be limited to the operation of particular vehicles, to particular classes and times of operation,
and to particular conditions of traffic. The commissioner may require that an applicant for
a limited license affirmatively demonstrate that use of public transportation or carpooling
as an alternative to a limited license would be a significant hardship.

(d) For purposes of this subdivision:

(1) "homemaker" refers to the person primarily performing the domestic tasks in a
household of residents consisting of at least the person and the person's dependent child or
other dependents; and

(2) "twice the legal limit" means an alcohol concentration of two times the limit specified
in section 169A.20, subdivision 1, clause (5).

(e) The limited license issued by the commissioner shall clearly indicate the limitations
imposed and the driver operating under the limited license shall have the license in possession
at all times when operating as a driver.

(f) In determining whether to issue a limited license, the commissioner shall consider
the number and the seriousness of prior convictions and the entire driving record of the
driver and shall consider the number of miles driven by the driver annually.

(g) If the person's driver's license or permit to drive has been revoked under section
169.792 or 169.797, the commissioner may only issue a limited license to the person after
the person has presented an insurance identification card, policy, or written statement
indicating that the driver or owner has insurance coverage satisfactory to the commissioner
of public safety. The commissioner of public safety may require the insurance identification
card provided to satisfy this subdivision be certified by the insurance company to be
noncancelable for a period not to exceed 12 months.

(h) The limited license issued by the commissioner to a person under section 171.186,
subdivision 4, must expire 90 days after the date it is issued. The commissioner must not
issue a limited license to a person who previously has been issued a limited license under
section 171.186, subdivision 4.

(i) The commissioner shall not issue a limited driver's license to any person described
in section 171.04, subdivision 1, clause (6), (7), (8), (11), or (14).

(j) The commissioner shall not issue a class A, class B, or class C limited license.

Sec. 6.

Minnesota Statutes 2018, section 609.2111, is amended to read:

609.2111 DEFINITIONS.

(a) For purposes of sections 609.2111 to 609.2114, the terms defined in this subdivision
have the meanings given them.

(b) "Motor vehicle" has the meaning given in section 609.52, subdivision 1, and includes
attached trailers.

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

(d) "Intoxicating substance" has the meaning given in section 169A.03, subdivision 11a.

(e) "Qualified prior driving offense" includes a prior conviction:

(1) for a violation of section 169A.20 under the circumstances described in section
169A.24 or 169A.25;

(2) under section 609.2112, subdivision 1, clauses (2) to (6); 609.2113, subdivision 1,
clauses (2) to (6); 2, clauses (2) to (6); or 3, clauses (2) to (6); or 609.2114, subdivision 1,
clauses (2) to (6); or 2, clauses (2) to (6);

(3) under Minnesota Statutes 2012, section 609.21, subdivision 1, clauses (2) to (6); or

(4) under Minnesota Statutes 2006, section 609.21, subdivision 1, clauses (2) to (6); 2,
clauses (2) to (6); 2a, clauses (2) to (6); 2b, clauses (2) to (6); 3, clauses (2) to (6); or 4,
clauses (2) to (6).

new text begin (f) "Hands-free mode" means an attachment, accessory, application, wireless connection,
or built-in feature of a wireless communications device or vehicle that allows the person to
use the device without the use of either hand except to active or deactivate a feature or
function.
new text end

new text begin (g) "Wireless communications device" has the meaning given in section 169.011,
subdivision 94.
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 609.2112, 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 wireless communications device
in any manner other than using a hands-free mode.
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. 8.

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 wireless communications device
in any manner other than using a hands-free mode.
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 609.2113, 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 wireless communications device
in any manner other than using a hands-free mode.
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. 10.

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 wireless communications device
in any manner other than using a hands-free mode.
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 609.2114, 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 wireless communications device
in any manner other than using a hands-free mode.
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. 12.

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 wireless communications device
in any manner other than using a hands-free mode.
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