HF 104

1st Division Engrossment - 91st Legislature (2019 - 2020) Posted on 04/10/2019 10:06am

A bill for an act
relating to public safety; increasing the penalties for texting while driving; 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; 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.

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 . new text begin A person who violates this
paragraph for the first time is guilty of a misdemeanor and must 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 new text begin is guilty of a
misdemeanor and new text end must 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) a third or subsequent time is guilty of a
misdemeanor and must pay 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 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. 3.

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. 4.

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. 5.

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. 6.

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. 7.

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. 8.

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. 9.

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. 10. new text begin RULEMAKING.
new text end

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