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SF 1618

as introduced - 90th Legislature (2017 - 2018) Posted on 03/02/2017 09:57am

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

Current Version - as introduced

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A bill for an act
relating to driving while impaired; extending certain time periods to request reviews
in DWI-related proceedings; amending Minnesota Statutes 2016, sections 97B.066,
subdivision 8; 169A.53, subdivision 2; 169A.60, subdivision 10.

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

Section 1.

Minnesota Statutes 2016, section 97B.066, subdivision 8, is amended to read:


Subd. 8.

Judicial review.

(a) Within deleted text begin 30deleted text end new text begin 60 new text end days following receipt of a notice and order
imposing sanctions under this section, a person may petition the court for review. The
petition must be filed with the district court administrator in the county where the incident
occurred giving rise to the test demand and refusal, together with proof of service of a copy
on the commissioner and the prosecuting authority for misdemeanor offenses for the
jurisdiction in which the incident occurred. A responsive pleading is not required of the
commissioner of natural resources, and court fees may not be charged for the appearance
of the representative of the commissioner in the matter.

(b) The petition must be captioned in the name of the person making the petition as
petitioner and the commissioner as respondent. The petition must state specifically the
grounds upon which the petitioner seeks rescission of the order imposing sanctions.

(c) The filing of the petition does not stay the revocation or prohibition against hunting.
However, the filing of a petition stays imposition of the civil penalty. The judicial review
shall be conducted according to the Rules of Civil Procedure.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2016, section 169A.53, subdivision 2, is amended to read:


Subd. 2.

Petition for judicial review.

(a) Within deleted text begin 30deleted text end new text begin 60 new text end days following receipt of a notice
and order of revocation or disqualification pursuant to section 169A.52 (revocation of license
for test failure or refusal), a person may petition the court for review. The petition must be
filed with the district court administrator in the county where the alleged offense occurred,
together with proof of service of a copy on the commissioner, and accompanied by the
standard filing fee for civil actions. Responsive pleading is not required of the commissioner,
and court fees must not be charged for the appearance of the commissioner in the matter.

(b) The petition must:

(1) be captioned in the full name of the person making the petition as petitioner and the
commissioner as respondent;

(2) include the petitioner's date of birth, driver's license number, and date of the offense;
and

(3) state with specificity the grounds upon which the petitioner seeks rescission of the
order of revocation, disqualification, or denial.

(c) The filing of the petition does not stay the revocation, disqualification, or denial. The
reviewing court may order a stay of the balance of the revocation or disqualification if the
hearing has not been conducted within 60 days after filing of the petition upon terms the
court deems proper.

(d) Judicial reviews must be conducted according to the Rules of Civil Procedure, except
that prehearing discovery is mandatory and is limited to:

(1) the notice of revocation;

(2) the test record or, in the case of blood or urine tests, the certificate of analysis;

(3) the peace officer's certificate and any accompanying documentation submitted by
the arresting officer to the commissioner; and

(4) disclosure of potential witnesses, including experts, and the basis of their testimony.

Other types of discovery are available only upon order of the court.

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 2016, section 169A.60, subdivision 10, is amended to read:


Subd. 10.

Petition for judicial review.

(a) Within deleted text begin 30deleted text end new text begin 60 new text end days following receipt of a
notice and order of impoundment under this section, a person may petition the court for
review. The petition must include proof of service of a copy of the petition on the
commissioner. The petition must include the petitioner's date of birth, driver's license number,
and date of the plate impoundment violation, as well as the name of the violator and the
law enforcement agency that issued the plate impoundment order. The petition must state
with specificity the grounds upon which the petitioner seeks rescission of the order for
impoundment. The petition may be combined with any petition filed under section 169A.53
(administrative and judicial review of license revocation).

(b) Except as otherwise provided in this section, the judicial review and hearing are
governed by section 169A.53 and must take place at the same time as any judicial review
of the person's license revocation under section 169A.53. The filing of the petition does not
stay the impoundment order. The reviewing court may order a stay of the balance of the
impoundment period if the hearing has not been conducted within 60 days after filing of
the petition upon terms the court deems proper. The court shall order either that the
impoundment be rescinded or sustained, and forward the order to the commissioner. The
court shall file its order within 14 days following the hearing.

(c) In addition to the issues described in section 169A.53, subdivision 3 (judicial review
of license revocation), the scope of a hearing under this subdivision is limited to:

(1) if the impoundment is based on a plate impoundment violation described in
subdivision 1, paragraph (d), clause (3) or (4), whether the peace officer had probable cause
to believe the violator committed the plate impoundment violation and whether the evidence
demonstrates that the plate impoundment violation occurred; and

(2) for all other cases, whether the peace officer had probable cause to believe the violator
committed the plate impoundment violation.

(d) In a hearing under this subdivision, the following records are admissible in evidence:

(1) certified copies of the violator's driving record; and

(2) certified copies of vehicle registration records bearing the violator's name.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end