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Minnesota Legislature

Office of the Revisor of Statutes

SF 2691

as introduced - 91st Legislature (2019 - 2020) Posted on 03/27/2019 08:44am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to public safety; increasing penalties for criminal vehicular homicide;
requiring driver education programs to instruct on the penalties for criminal
vehicular homicide; appropriating money; amending Minnesota Statutes 2018,
section 609.2112, subdivision 1, by adding a subdivision.

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

Section 1.

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 deleted text begintendeleted text endnew text begin 25new text end 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; or

(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.

(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 deleted text beginstatutory
maximum sentence of
deleted text endnew text begin person may be sentenced tonew text end imprisonment deleted text beginis 15deleted text endnew text begin for not more than
30
new text end yearsnew text begin or to the payment of a fine of not more than $30,000, or bothnew text end.

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2018, section 609.2112, is amended by adding a subdivision
to read:


new text begin Subd. 3. new text end

new text begin Driver training programs. new text end

new text begin The commissioner of public safety shall adopt
rules requiring thorough instruction concerning this section for persons enrolled in driver
training programs offered at public, private, and parochial schools, and commercial driver
training schools. The instruction must encompass at least the penalties for violating this
section.
new text end

Sec. 3. new text beginVEHICULAR HOMICIDE AWARENESS.
new text end

new text begin $100,000 in fiscal year 2020 is appropriated from the general fund to the commissioner
of public safety for programs to raise public awareness of the dangers associated with driving
under the influence of alcohol including but not limited to the penalties for violation of
Minnesota Statutes, section 609.2112.
new text end