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HF 1335

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 03/21/2014 12:45pm

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

Bill Text Versions

Engrossments
Introduction Posted on 03/07/2013
1st Engrossment Posted on 03/17/2014
2nd Engrossment Posted on 03/21/2014

Current Version - 2nd Engrossment

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A bill for an act
relating to public safety; traffic regulations; clarifying requirements pertaining to
collisions; making a terminology change; amending Minnesota Statutes 2012,
sections 169.09, subdivisions 1, 2, 3, 4, 5, 6, 14, 15, by adding a subdivision;
609.21, subdivision 1.

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

Section 1.

Minnesota Statutes 2012, section 169.09, subdivision 1, is amended to read:


Subdivision 1.

Driver to stop for deleted text beginaccident with individualdeleted text endnew text begin collision; injury or
death
new text end.

The driver of any motor vehicle involved in deleted text beginan accident resulting in immediately
demonstrable bodily injury to or death of any individual
deleted text endnew text begin a collisionnew text end shall immediately stop
the vehicle at the scene of the deleted text beginaccidentdeleted text endnew text begin collisionnew text end, or as close to the scene as possible deleted text beginbut
shall then return to
deleted text endnew text begin,new text end andnew text begin reasonably investigate what was struck. If the driver knows or has
reason to know the collision resulted in injury to or death of another, the driver
new text end in every
event shall remain at the scene of the deleted text beginaccident,deleted text endnew text begin collisionnew text end until the driver has fulfilled
the requirements of this section as to the giving of information. The stop must be made
without unnecessarily obstructing traffic.

Sec. 2.

Minnesota Statutes 2012, section 169.09, subdivision 2, is amended to read:


Subd. 2.

Driver to stop for deleted text beginaccident to propertydeleted text endnew text begin collision; attended vehiclenew text end.

The
driver of any motor vehicle involved in deleted text beginan accident to a vehicle driven or attended by any
individual
deleted text end new text begin a collision new text endshall immediately stop the motor vehicle at the scene of the deleted text beginaccident
deleted text endnew text begin collisionnew text end, or as close to the deleted text beginaccidentdeleted text endnew text begin collisionnew text end as possible deleted text beginbut shall forthwith return todeleted text endnew text begin,new text end and
new text begin reasonably investigate what was struck. If the driver knows or has reason to know the
collision involves damage to a vehicle driven or attended by another, the driver
new text end in every
event shall remain at the scene of the deleted text beginaccident,deleted text endnew text begin collisionnew text end until the driver has fulfilled
the requirements of this section as to the giving of information. The stop must be made
without unnecessarily obstructing traffic.

Sec. 3.

Minnesota Statutes 2012, section 169.09, subdivision 3, is amended to read:


Subd. 3.

Driver to give information.

(a) The driver of any motor vehicle involved
in deleted text beginan accident resultingdeleted text endnew text begin a collision the driver knows or has reason to know resultsnew text end in bodily
injury to or death of deleted text beginany individualdeleted text endnew text begin anothernew text end, or damage to any vehicle driven or attended by
deleted text beginany individualdeleted text endnew text begin anothernew text end, shall deleted text beginstop anddeleted text end give the driver's name, address, and date of birth and
the registration plate number of the vehicle being driven. The driver shall, upon request
and if available, exhibit the driver's license or permit to drive to the individual struck or
the driver or occupant of or individual attending any vehicle collided with. The driver also
shall give the information and upon request exhibit the license or permit to any peace officer
at the scene of the deleted text beginaccidentdeleted text endnew text begin collisionnew text end or who is investigating the deleted text beginaccidentdeleted text endnew text begin collisionnew text end. The
driver shall render reasonable assistance to any individual injured in the deleted text beginaccidentdeleted text endnew text begin collisionnew text end.

(b) If not given at the scene of the deleted text beginaccidentdeleted text endnew text begin collisionnew text end, the driver, within 72 hours after
the accident, shall give, on request to any individual involved in the deleted text beginaccidentdeleted text endnew text begin collisionnew text end or
to a peace officer investigating the deleted text beginaccidentdeleted text endnew text begin collisionnew text end, the name and address of the insurer
providing vehicle liability insurance coverage, and the local insurance agent for the insurer.

Sec. 4.

Minnesota Statutes 2012, section 169.09, subdivision 4, is amended to read:


Subd. 4.

deleted text beginCollision withdeleted text end new text beginDriver to stop for collision; new text endunattended vehicle.

The
driver of any motor vehicle deleted text beginthat collides with and damages any vehicle that is unattended
deleted text endnew text begin involved in a collisionnew text end shall immediately stop new text beginthe vehicle at the scene of the collision, or
as close to the scene as possible,
new text endandnew text begin reasonably investigate what was struck. If the driver
knows or has reason to know the collision resulted in damage to any unattended vehicle,
the driver must
new text end either locate and notify the driver or owner of the vehicle of the name and
address of the driver and registered owner of the vehicle striking the unattended vehicle,
deleted text beginshalldeleted text end report this same information to a peace officer, or deleted text beginshalldeleted text end leave in a conspicuous place
in or secured to the vehicle struck, a written notice giving the name and address of the
driver and of the registered owner of the vehicle doing the striking.new text begin The stop must be made
without unnecessarily obstructing traffic.
new text end

Sec. 5.

Minnesota Statutes 2012, section 169.09, subdivision 5, is amended to read:


Subd. 5.

Notify owner of damaged property.

new text beginIf new text endthe driver of any vehicle involved
in deleted text beginan accident resultingdeleted text endnew text begin a collision knows or has reason to know the collision resulted
new text end only in damage to fixtures legally upon or adjacent to a highwaynew text begin, the drivernew text end shall take
reasonable steps to locate and notify the owner or person in charge of the property of that
fact, of the driver's name and address, and of the registration plate number of the vehicle
being driven and shall, upon request and if available, exhibit the driver's license, and make
deleted text beginreport of the accidentdeleted text endnew text begin an accident reportnew text end in every case. The report must be made in the
same manner as a report made pursuant to subdivision 7.

Sec. 6.

Minnesota Statutes 2012, section 169.09, subdivision 6, is amended to read:


Subd. 6.

Notice of personal injury.

The driver of a vehicle involved in deleted text beginan accident
deleted text endnew text begin a collisionnew text end resulting in bodily injury to or death of deleted text beginany individualdeleted text endnew text begin anothernew text end shall, after
compliance with this section and by the quickest means of communication, give notice of
the deleted text beginaccidentdeleted text endnew text begin collisionnew text end to the local police department if the deleted text beginaccidentdeleted text endnew text begin collisionnew text end occurs within
a municipality, to a State Patrol officer if the deleted text beginaccidentdeleted text endnew text begin collisionnew text end occurs on a trunk highway,
or to the office of the sheriff of the county.

Sec. 7.

Minnesota Statutes 2012, section 169.09, subdivision 14, is amended to read:


Subd. 14.

Penalties.

(a) The driver of any vehicle who violates subdivision 1 or 6
and who did not cause the deleted text beginaccidentdeleted text endnew text begin collisionnew text end is punishable as follows:

(1) if the deleted text beginaccidentdeleted text endnew text begin collisionnew text end results in the death of deleted text beginany individualdeleted text endnew text begin anothernew text end, the driver
is guilty of a felony and may be sentenced to imprisonment for not more than three years,
or to payment of a fine of not more than $5,000, or both;

(2) if the deleted text beginaccidentdeleted text endnew text begin collisionnew text end results in great bodily harm to deleted text beginany individualdeleted text endnew text begin anothernew text end,
as defined in section 609.02, subdivision 8, the driver is guilty of a felony and may be
sentenced to imprisonment for not more than two years, or to payment of a fine of not
more than $4,000, or both; or

(3) if the deleted text beginaccidentdeleted text endnew text begin collisionnew text end results in substantial bodily harm to deleted text beginany individual
deleted text endnew text begin anothernew text end, as defined in section 609.02, subdivision 7a, the driver 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.

(b) The driver of any vehicle involved in deleted text beginan accident notdeleted text endnew text begin a collisionnew text end resulting in
deleted text beginsubstantialdeleted text end bodily harm deleted text beginor deathdeleted text end new text beginto anothernew text end who violates subdivision 1 or 6 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.

(c) Any person who violates subdivision deleted text begin2,deleted text end 3, deleted text begin4,deleted text end 5, 7, 8, 11, or 12 is guilty of a
misdemeanor.

new text begin (d) The driver of any vehicle involved in a collision resulting in damage to an
attended vehicle who violates subdivision 2 is guilty of a misdemeanor.
new text end

new text begin (e) The driver of any vehicle involved in a collision resulting in damage to an
unattended vehicle who violates subdivision 4 is guilty of a misdemeanor.
new text end

deleted text begin (d)deleted text endnew text begin (f)new text end The attorney in the jurisdiction in which the violation occurred who is
responsible for prosecution of misdemeanor violations of this section shall also be
responsible for prosecution of gross misdemeanor violations of this section.

Sec. 8.

Minnesota Statutes 2012, section 169.09, subdivision 15, is amended to read:


Subd. 15.

Defense.

It is an affirmative defense to prosecution under subdivisions
1, 2, and 6 that the driver left the scene of the deleted text beginaccidentdeleted text endnew text begin collisionnew text end to take any individual
suffering immediately demonstrable bodily injury in the deleted text beginaccidentdeleted text endnew text begin collisionnew text end to receive
emergency medical care if the driver of the involved vehicle gives notice to a law
enforcement agency as required by subdivision 6 as soon as reasonably feasible after the
emergency medical care has been undertaken.

Sec. 9.

Minnesota Statutes 2012, section 169.09, is amended by adding a subdivision
to read:


new text begin Subd. 19. new text end

new text begin Terminology. new text end

new text begin The provisions of this section apply equally whether
the term "accident" or "collision" is used.
new text end

Sec. 10.

Minnesota Statutes 2012, section 609.21, subdivision 1, is amended to read:


Subdivision 1.

Criminal vehicular homicide or operation; crime described.

A
person is guilty of criminal vehicular homicide or operation and may be sentenced as
provided in subdivision 1a, if the person causes injury to or the death of 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 knowingly under the influence of a hazardous
substance;

(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 deleted text beginaccidentdeleted text endnew text begin collisionnew text end leaves the scene of the
deleted text beginaccidentdeleted text endnew text begin collisionnew text end 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 injury or death was caused by the
defective maintenance.