Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 622-S.F.No. 1336 
           An act relating to crimes; prohibiting the operation 
          of a motor vehicle by a person having an alcohol 
          concentration of 0.10 or more; providing for mandatory 
          testing of a driver suspected of driving under the 
          influence of alcohol; providing for revocation of 
          driver's license for one year upon refusal to submit 
          to a test for alcohol; clarifying certain penalties; 
          providing increased license revocation penalties for 
          minors committing alcohol related traffic offenses or 
          for persons under 19 attempting to purchase alcoholic 
          beverages; providing for enhanced penalties for adults 
          convicted of driving under the influence of alcohol if 
          there are prior similar juvenile adjudications; 
          providing that prohibitions against careless and 
          reckless driving apply in certain parking lots and 
          driveways; clarifying provisions of the hit and run 
          law; providing for issuance of limited licenses; 
          amending Minnesota Statutes 1982, sections 169.09, 
          subdivision 4; 169.121, subdivision 4; 169.123, 
          subdivision 4, 5a, and by adding a subdivision; 
          169.13, subdivision 3; 171.16, subdivision 5; 171.24; 
          171.30, subdivision 1; 260.195, subdivision 3; 340.035;
          340.731; 340.732; Minnesota Statutes 1983 Supplement, 
          sections 169.09, subdivisions 1, 14, and 15; 169.121, 
          subdivisions 1, 1a, 2, and 3; 169.123, subdivisions 2 
          and 6; 609.21, subdivisions 1 and 2; repealing 
          Minnesota Statutes 1982, section 169.123, subdivision 
          9; proposing new law coded in Minnesota Statutes, 
          chapter 171. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1983 Supplement, section 
169.09, subdivision 1, is amended to read:  
    Subdivision 1.  [DRIVER TO STOP.] The driver of any vehicle 
involved in an accident resulting in immediately demonstrable 
bodily injury to or death of any person shall immediately stop 
the vehicle at the scene of the accident, or as close to the 
scene as possible, but shall then return to and in every event, 
shall remain at, the scene of the accident until he has 
fulfilled the requirements of this chapter as to the giving of 
information.  The stop shall be made without unnecessarily 
obstructing traffic. 
    Sec. 2.  Minnesota Statutes 1982, section 169.09, 
subdivision 4, is amended to read:  
    Subd. 4.  [COLLISION WITH UNATTENDED VEHICLE.] The driver 
of any vehicle which collides with and damages any vehicle which 
is unattended shall immediately stop and either locate and 
notify the driver or owner of the vehicle of the name and 
address of the driver and owner of the vehicle striking the 
unattended vehicle, shall report the same to a police officer, 
or shall 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 owner of the vehicle doing the striking. 
    Sec. 3.  Minnesota Statutes 1983 Supplement, 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 caused the accident is 
punishable as follows:  
    (1) If the accident results in the death of any person, the 
driver is guilty of a felony and may be sentenced to 
imprisonment for not more than five years, or to payment of a 
fine of not more than $5,000, or both; or 
    (2) If the accident results in substantial bodily injury 
harm to any person, as defined in section 609.02, subdivision 8 
7a, 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 $3,000, or both.  
    (b) The driver of any vehicle who violates subdivision 1 or 
6 and who did not cause the accident is punishable as follows:  
     (1) If the accident results in the death of any person, the 
driver is guilty of a felony 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;  
    (2) If the accident results in great bodily harm to any 
person, 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 three years, or to payment of a fine of not more 
than $5,000, or both; or 
    (3) If the accident results in substantial bodily harm to 
any person, 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) (c) The driver of any vehicle involved in an accident 
not resulting in substantial bodily harm or death who violates 
subdivision 1 or 6 and who did not cause the accident or who 
violates subdivision 2 is guilty of a gross misdemeanor, and may 
be sentenced to imprisonment for not more than one year, or to 
payment of a fine of not more than $1,000 $3,000, or both.  
    (c)(d) Any person who violates subdivision 3, clause (b) is 
guilty of a petty misdemeanor.  
    (d)(e) Any person who violates subdivision 3, clause (a), 
or subdivision 4, 5, 7, 8, 10, 11, or 12 is guilty of a 
misdemeanor. 
    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. 4.  Minnesota Statutes 1983 Supplement, 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 accident to take any person suffering 
substantial immediately demonstrable bodily injury in the 
accident 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. 5.  Minnesota Statutes 1983 Supplement, section 
169.121, subdivision 1, is amended to read: 
    Subdivision 1.  [CRIME.] It is a misdemeanor for any person 
to drive, operate or be in physical control of any motor vehicle 
within this state: 
    (a) When the person is under the influence of alcohol; 
    (b) When the person is under the influence of a controlled 
substance; 
    (c) When the person is under the influence of a combination 
of any two or more of the elements named in clauses (a) and (b); 
or 
    (d) When the person's alcohol concentration is 0.10 or more 
; or 
    (e) When the person's alcohol concentration as measured 
within two hours of the time of driving is 0.10 or more.  
    The provisions of this subdivision apply, but are not 
limited in application, to any person who drives, operates, or 
is in physical control of any motor vehicle in the manner 
prohibited by this subdivision upon the ice of any lake, stream, 
or river, including but not limited to the ice of any boundary 
water. 
    Sec. 6.  Minnesota Statutes 1983 Supplement, section 
169.121, subdivision 1a, is amended to read: 
    Subd. 1a.  [ARREST.] When an accident has occurred, A peace 
officer may lawfully arrest a person for violation of 
subdivision 1 without a warrant upon probable cause, without 
regard to whether the violation was committed in the officer's 
presence.  
    When a peace officer has probable cause to believe that a 
person is driving or operating a motor vehicle in violation of 
subdivision 1, and before a stop or arrest can be made the 
person escapes from the geographical limits of the officer's 
jurisdiction, the officer in fresh pursuit of the person may 
stop or arrest the person in another jurisdiction within this 
state and may exercise the powers and perform the duties of a 
peace officer under sections 169.121 and 169.123.  An officer 
acting in fresh pursuit pursuant to this subdivision is serving 
in his regular line of duty as fully as though he was within his 
jurisdiction.  
    The express grant of arrest powers in this subdivision does 
not limit the arrest powers of peace officers pursuant to 
sections 626.65 to 626.70 or section 629.40 in cases of arrests 
for violation of subdivision 1 or any other provision of law.  
    Sec. 7.  Minnesota Statutes 1983 Supplement, section 
169.121, subdivision 2, is amended to read: 
    Subd. 2.  [EVIDENCE.] Upon the trial of any prosecution 
arising out of acts alleged to have been committed by any person 
arrested for driving, operating, or being in physical control of 
a motor vehicle in violation of subdivision 1, the court may 
admit evidence of the amount of alcohol or a controlled 
substance in the person's blood, breath, or urine as shown by a 
medical or chemical analysis of it, if the test is taken 
voluntarily or pursuant to section 169.123. 
    For the purposes of this subdivision: 
    (a) evidence that there was at the time an alcohol 
concentration of 0.05 or less is prima facie evidence that the 
person was not under the influence of alcohol; 
    (b) evidence that there was at the time an alcohol 
concentration of more than 0.05 and less than 0.10 is relevant 
evidence in indicating whether or not the person was under the 
influence of alcohol. 
    Evidence of the refusal to take a test is admissible into 
evidence in a prosecution under this section or an ordinance in 
conformity with it.  
    For purposes of this section and section 169.123, the 
result of an evidentiary test administered within two hours of 
the alleged violation is deemed to be the alcohol concentration 
at the time of the violation.  If proven by a preponderance of 
the evidence, it shall be an affirmative defense to a violation 
of subdivision 1, clause (e) that the defendant consumed a 
sufficient quantity of alcohol after the time of actual driving, 
operating, or physical control of a motor vehicle and before the 
administration of the evidentiary test to cause the defendant's 
alcohol concentration to exceed 0.10.  Provided, that this 
evidence may not be admitted unless notice is given to the 
prosecution prior to the omnibus or pretrial hearing in the 
matter.  
    The foregoing provisions do not limit the introduction of 
any other competent evidence bearing upon the question whether 
or not the person was under the influence of alcohol or a 
controlled substance, including tests obtained more than two 
hours after the alleged violation. 
    Sec. 8.  Minnesota Statutes 1983 Supplement, section 
169.121, subdivision 3, is amended to read: 
    Subd. 3.  [CRIMINAL PENALTIES.] A person who violates this 
section or an ordinance in conformity with it is guilty of a 
misdemeanor. 
    The following persons are guilty of a gross misdemeanor:  
    (a) A person who violates this section or an ordinance in 
conformity with it within five years of a prior conviction under 
this section, section 169.129, or an ordinance in conformity 
with either of them, or a statute or ordinance from another 
state in conformity with it either of them; and 
    (b) A person who violates this section or an ordinance in 
conformity with it within ten years of two or more prior 
convictions under this section, section 169.129, or an ordinance 
in conformity with either of them, or a statute or ordinance 
from another state in conformity with it either of them.  
    For purposes of this subdivision, a prior juvenile 
adjudication under this section, section 169.129, an ordinance 
in conformity with either of them, or a statute or ordinance 
from another state in conformity with either of them is a prior 
conviction.  
    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. 9.  Minnesota Statutes 1982, section 169.121, 
subdivision 4, is amended to read:  
    Subd. 4.  [PENALTIES.] A person convicted of violating this 
section shall have his driver's license or operating privileges 
revoked by the commissioner of public safety as follows:  
    (a) First offense:  not less than 30 days;  
    (b) Second offense in less than five years:  not less than 
90 days and until the court has certified that treatment or 
rehabilitation has been successfully completed where prescribed 
in accordance with section 169.126;  
    (c) Third offense in less than five years:  not less than 
one year, together with denial under section 171.04, clause (8), 
until rehabilitation is established in accordance with standards 
established by the commissioner;  
    (d) Fourth or subsequent offense on the record:  not less 
than two years, together with denial under section 171.04, 
clause (8), until rehabilitation is established in accordance 
with standards established by the commissioner.  
    If the person convicted of violating this section is under 
the age of 18 years, the commissioner of public safety shall 
revoke the offender's driver's license or operating privileges 
until the offender reaches the age of 18 years or for a period 
of six months or for the appropriate period of time under 
clauses (a) to (d) for the offense committed, whichever is the 
greatest period.  
     For purposes of this subdivision, a juvenile adjudication 
under this section, section 169.129, an ordinance in conformity 
with either of them, or a statute or ordinance from another 
state in conformity with either of them is an offense.  
    Whenever department records show that the violation 
involved personal injury or death to any person, not less than 
90 additional days shall be added to the base periods provided 
above.  
    Any person whose license has been revoked pursuant to 
section 169.123 as the result of the same incident is not 
subject to the mandatory revocation provisions of clause (a) or 
(b). 
    Sec. 10.  Minnesota Statutes 1983 Supplement, section 
169.123, subdivision 2, is amended to read:  
    Subd. 2.  [IMPLIED CONSENT; CONDITIONS; ELECTION AS TO TYPE 
OF TEST.] (a) Any person who drives, operates, or is in physical 
control of a motor vehicle within this state consents, subject 
to the provisions of this section and section 169.121, to a 
chemical test of his blood, breath, or urine for the purpose of 
determining the presence of alcohol or a controlled substance.  
The test shall be administered at the direction of a peace 
officer.  The test may be required of a person when an officer 
has reasonable and probable grounds cause to believe the person 
was driving, operating, or in physical control of a motor 
vehicle in violation of section 169.121 and one of the following 
conditions exist:  (1) the person has been lawfully placed under 
arrest for violation of section 169.121, or an ordinance in 
conformity with it; or (2) the person has been involved in a 
motor vehicle accident or collision resulting in property 
damage, personal injury, or death; or (3) the person has refused 
to take the screening test provided for by section 169.121, 
subdivision 6; or (4) the screening test was administered and 
recorded an alcohol concentration of 0.10 or more.  No action 
may be taken against the person for declining to take a direct 
blood test, if offered, unless an alternative test was offered.  
    (b) At the time a chemical test specimen is requested, the 
person shall be informed: 
    (1) that Minnesota law requires the person to take a test 
to determine if the person is under the influence of alcohol or 
a controlled substance;  
    (1) (2) that if testing is refused, the person's right to 
drive will be revoked for a minimum period of six months one 
year or, if the person is under the age of 18 years, for a 
period of one year or until he or she reaches the age of 18 
years, whichever is greater; 
    (2) (3) that if a test is taken and the results indicate 
that the person is under the influence of alcohol or a 
controlled substance, the person will be subject to criminal 
penalties and the person's right to drive may be revoked for a 
minimum period of 90 days or, if the person is under the age of 
18 years, for a period of six months or until he or she reaches 
the age of 18 years, whichever is greater; 
    (3) that the person has a right to consult with an attorney 
but that this right is limited to the extent that it cannot 
unreasonably delay administration of the test or the person will 
be deemed to have refused the test; and 
    (4) that after submitting to testing, the person has the 
right to consult with an attorney and to have additional tests 
made by a person of his own choosing; and 
    (5) that if he refuses to take a test, the refusal will be 
offered into evidence against him at trial. 
    (c) The peace officer who requires a test pursuant to this 
subdivision may direct whether the test shall be of blood, 
breath, or urine.  However, if the officer directs that the test 
shall be of a person's blood or urine, the person may choose 
whether the test shall be of his blood or urine.  
    Sec. 11.  Minnesota Statutes 1982, section 169.123, is 
amended by adding a subdivision to read:  
    Subd. 2c.  [CONSENT OF PERSON INCAPABLE OF REFUSAL NOT 
WITHDRAWN.] A person who is unconscious or who is otherwise in a 
condition rendering the person incapable of refusal is deemed 
not to have withdrawn the consent provided by subdivision 2 and 
the test may be given.  
    Sec. 12.  Minnesota Statutes 1982, section 169.123, 
subdivision 4, is amended to read: 
    Subd. 4.  [REFUSAL, CONSENT TO PERMIT TEST; REVOCATION OF 
LICENSE.] If a person refuses to permit chemical testing, none 
shall be given, but the peace officer shall report the refusal 
to the commissioner of public safety and the authority having 
responsibility for prosecution of misdemeanor offenses for the 
jurisdiction in which the acts occurred.  A refusal to submit to 
an alcohol concentration test does not constitute a violation of 
section 609.50, unless the refusal was accompanied by force or 
violence or the threat of force or violence.  If a person 
submits to chemical testing and the test results indicate an 
alcohol concentration of 0.10 or more, the results of the test 
shall be reported to the commissioner of public safety and to 
the authority having responsibility for prosecution of 
misdemeanor offenses for the jurisdiction in which the acts 
occurred. 
    Upon certification by the peace officer that there existed 
reasonable and probable grounds cause to believe the person had 
been driving, operating, or in physical control of a motor 
vehicle while under the influence of alcohol or a controlled 
substance and that the person refused to submit to chemical 
testing, the commissioner of public safety shall revoke the 
person's license or permit to drive, or his nonresident 
operating privilege, for a period of six months one year.  If 
the person refusing to submit to testing is under the age of 18 
years, the commissioner shall revoke the person's license or 
permit to drive, or his or her nonresident operating privilege, 
for a period of one year or until the person reaches the age of 
18 years, whichever is greater. Upon certification by the peace 
officer that there existed reasonable and probable grounds cause 
to believe the person had been driving, operating or in physical 
control of a motor vehicle while under the influence of alcohol 
or a controlled substance and that the person submitted to 
chemical testing and the test results indicate an alcohol 
concentration of 0.10 or more, the commissioner of public safety 
shall revoke the person's license or permit to drive, or his 
nonresident operating privilege, for a period of 90 days or, if 
the person is under the age of 18 years, for a period of six 
months or until he or she reaches the age of 18 years, whichever 
is greater. 
    If the person is a resident without a license or permit to 
operate a motor vehicle in this state, the commissioner of 
public safety shall deny to the person the issuance of a license 
or permit for the same period after the date of the alleged 
violation as provided herein for revocation, subject to review 
as hereinafter provided. 
    Sec. 13.  Minnesota Statutes 1982, section 169.123, 
subdivision 5a, is amended to read:  
    Subd. 5a.  [PEACE OFFICER AGENT FOR NOTICE OF REVOCATION.] 
On behalf of the commissioner of public safety a peace officer 
offering requiring a chemical test or directing the 
administration of a chemical test shall serve immediate notice 
of intention to revoke and of revocation on a person who refuses 
to permit chemical testing or on a person who submits to a 
chemical test the results of which indicate an alcohol 
concentration of 0.10 or more.  The officer shall take the 
license or permit of the driver, if any, and issue a temporary 
license effective only for 7 days.  The peace officer shall send 
the person's driver's license to the commissioner of public 
safety along with the certificate required by subdivision 4. 
    Sec. 14.  Minnesota Statutes 1983 Supplement, section 
169.123, subdivision 6, is amended to read: 
    Subd. 6.  [HEARING.] A hearing under this section shall be 
before a municipal or county judge, in any county in the 
judicial district where the alleged offense occurred.  The 
hearing shall be to the court and may be conducted at the same 
time and in the same manner as hearings upon pre-trial motions 
in the criminal prosecution under section 169.121, if any.  The 
hearing shall be recorded.  The commissioner of public safety 
shall appear and be represented by the attorney general or 
through the prosecuting authority for the jurisdiction involved. 
    The hearing shall be held at the earliest practicable date, 
and in any event no later than 60 days following the filing of 
the petition for review.  The judicial district administrator 
shall establish procedures to ensure efficient compliance with 
the provisions of this subdivision.  To accomplish this, the 
administrator may, whenever possible, consolidate and transfer 
review hearings among the county courts within the judicial 
district.  
    The scope of the hearing shall be limited to the issues of: 
    (1) whether the peace officer had reasonable and probable 
grounds cause to believe the person was driving, operating, or 
in physical control of a motor vehicle while under the influence 
of alcohol or a controlled substance, and whether the person was 
lawfully placed under arrest for violation of section 169.121, 
or the person was involved in a motor vehicle accident or 
collision resulting in property damage, personal injury or 
death, or the person refused to take a screening test provided 
for by section 169.121, subdivision 6, or the screening test was 
administered and recorded an alcohol concentration of 0.10 or 
more; and 
    (2) whether at the time of the request for the test the 
peace officer informed the person of his rights and the 
consequences of taking or refusing the test as required by 
subdivision 2; and 
    (3) either (a) whether the person refused to permit the 
test, or (b) whether a test was taken and the test results 
indicated an alcohol concentration of 0.10 or more at the time 
of testing, and whether the testing method used was valid and 
reliable, and whether the test results were accurately evaluated.
    It shall be an affirmative defense for the petitioner to 
prove that, at the time of the refusal, his refusal to permit 
the test was based upon reasonable grounds. 
    Certified or otherwise authenticated copies of laboratory 
or medical personnel reports, records, documents, licenses and 
certificates shall be admissible as substantive evidence.  
    The court shall order either that the revocation be 
rescinded or sustained and forward the order to the commissioner 
of public safety.  The court shall file its order within 14 days 
following the hearing.  If the revocation is sustained, the 
court shall also forward the person's driver's license or permit 
to the commissioner of public safety for his further action if 
the license or permit is not already in the commissioner's 
possession. 
    Sec. 15.  Minnesota Statutes 1982, section 169.13, 
subdivision 3, is amended to read: 
    Subd. 3.  [APPLICATION.] The provisions of this section 
apply, but are not limited in application, to any person who 
drives any vehicle in the manner prohibited by this section:  
    (1) upon the ice of any lake, stream, or river, including 
but not limited to the ice of any boundary water; or 
    (2) in a parking lot ordinarily used by or available to the 
public though not as a matter of right, and a driveway 
connecting such a parking lot with a street or highway. 
    Sec. 16.  Minnesota Statutes 1982, section 171.16, 
subdivision 5, is amended to read: 
    Subd. 5.  [JUVENILE COURT.] When any judge of a juvenile 
court, or any of its duly authorized agents, shall determine 
formally or informally that any person under the age of 18 years 
has violated any of the provisions of any law of this state, or 
ordinances of political subdivisions thereof, regulating the 
operation of motor vehicles on streets and highways, except 
parking violations, and except traffic offenses involving a 
violation of section 169.121, such judge, or duly authorized 
agent, shall immediately report such determination to the 
department and may recommend the suspension of the driver's 
license of such person, and the commissioner is hereby 
authorized to suspend such license, without a hearing.  
    Sec. 17.  Minnesota Statutes 1982, section 171.24, is 
amended to read:  
    171.24 [VIOLATIONS, MISDEMEANORS; EXCEPTIONS; DRIVING AFTER 
REVOCATION, SUSPENSION, OR CANCELLATION.] 
    Any person whose driver's license or driving privilege has 
been cancelled, suspended, or revoked and who has been given 
notice of, or reasonably should know of the revocation, 
suspension, or cancellation, and who disobeys such order by 
operating anywhere in this state any motor vehicle, the 
operation of which requires a driver's license, upon the 
highways in this state while such license or privilege is 
canceled cancelled, suspended, or revoked is guilty of a 
misdemeanor. 
    It is a misdemeanor for any person to willfully violate any 
of the provisions of this chapter unless such violation is by 
any law declared to be a felony or a gross misdemeanor.  
    Notice of revocation, suspension, or cancellation is 
sufficient if personally served, or if mailed by first class 
mail to the person's last known address or to the address listed 
on the person's driver's license.  Notice is also sufficient if 
the person was informed that revocation, suspension, or 
cancellation would be imposed upon a condition occurring or 
failing to occur, and where the condition has in fact occurred 
or failed to occur.  It is not a defense that a person failed to 
file a change of address with the post office, or failed to 
notify the department of public safety of a change of name or 
address as required under section 171.11.  
    Sec. 18.  [171.241] [VIOLATIONS; MISDEMEANORS.] 
    It is a misdemeanor for any person to willfully violate any 
of the provisions of this chapter unless the violation is 
declared by any law to be a felony or gross misdemeanor, or the 
violation is declared by a section of this chapter to be a 
misdemeanor.  
    Sec. 19.  Minnesota Statutes 1982, section 171.30, 
subdivision 1, is amended to read:  
    Subdivision 1.  [ISSUANCE.] In any case where a person's 
license has been suspended under section 171.18 or revoked under 
sections 169.121, 169.123, or 171.17, if the driver's livelihood 
or attendance at a chemical dependency treatment or counseling 
program depends upon the use of his driver's license, the 
commissioner may at his own discretion issue a limited license 
to the driver under the following conditions:  
    (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; or 
    (2) if attendance at a post-secondary institution of 
education by an enrolled student of that institution depends 
upon the use of the driver's license.  
    The commissioner in issuing a limited license may impose 
such conditions and limitations as in his judgment are necessary 
to the interests of the public safety and welfare including 
re-examination 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.  
    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 
his possession at all times when operating as a driver. 
    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.  
    Sec. 20.  Minnesota Statutes 1982, section 260.195, 
subdivision 3, is amended to read: 
    Subd. 3.  [DISPOSITIONS.] If the juvenile court finds that 
a child is a juvenile alcohol or controlled substance offender, 
the court may require the child to:  
    (a) Pay a fine of up to $100;  
    (b) Participate in a community service project;  
    (c) Participate in a drug awareness program; or 
    (d) Order the child to undergo a chemical dependency 
evaluation and if warranted by this evaluation, order 
participation by the child in an inpatient or outpatient 
chemical dependency treatment program; or 
    (e) Perform any other activities or participate in any 
other treatment programs deemed appropriate by the court.  
    In all cases where the juvenile court finds that a child 
has purchased or attempted to purchase an alcoholic beverage in 
violation of section 340.731, if the child has a driver's 
license or permit to drive, and if the child used a driver's 
license or permit to purchase or attempt to purchase the 
alcoholic beverage, the court shall forward its finding in the 
case and the child's driver's license or permit to the 
commissioner of public safety.  Upon receipt, the commissioner 
shall revoke the child's license or permit for a period of 30 
days.  
    None of the dispositional alternatives described in this 
subdivision clauses (a) to (e) shall be imposed by the court in 
a manner which would cause an undue hardship upon the child. 
    Sec. 21.  Minnesota Statutes 1982, section 340.035, is 
amended to read: 
    340.035 [PERSONS UNDER 19 YEARS; PENALTY.] 
    Subdivision 1.  It is unlawful for any: 
    (1) Licensee or his employee to permit any person under the 
age of 19 years to consume non-intoxicating malt liquor on the 
licensed premises except as provided in paragraph (5);  
    (2) Person other than the parent or legal guardian to 
procure non-intoxicating malt liquor for any person under the 
age of 19 years;  
    (3) Person to induce a person under the age of 19 years to 
purchase or procure non-intoxicating malt liquor;  
    (4) Person under the age of 19 years to misrepresent his 
age for the purpose of obtaining non-intoxicating malt liquor;  
    (5) Person under the age of 19 years to consume any 
non-intoxicating malt liquor unless in the company of his parent 
or guardian;  
    (6) Person under the age of 19 years to possess any 
non-intoxicating malt liquor, with intent to consume it at a 
place other than the household of his parent or guardian.  
    Subd. 2.  A person violating any provision of this section 
is guilty of a misdemeanor. 
    Sec. 22.  Minnesota Statutes 1982, section 340.731, is 
amended to read: 
    340.731 [PERSONS UNDER 19 YEARS, FORBIDDEN ACTS OR 
STATEMENTS.] 
    It shall be unlawful for (1) a person under the age of 19 
years to enter any premises licensed for the retail sale of 
alcoholic beverages or any municipal liquor store for the 
purpose of purchasing, or having served or delivered to him or 
her, any alcoholic beverage containing more than one-half of one 
percent of alcohol by volume; or 
    (2) a person under the age of 19 years to consume any 
intoxicating liquor or to purchase, attempt to purchase or have 
another purchase for him or her any intoxicating liquor or 
non-intoxicating malt liquor; or 
    (3) any person to misrepresent or misstate his or her age, 
or the age of any other person for the purpose of inducing any 
licensee or any employee of any licensee, or any employee of any 
municipal liquor store, to sell, serve or deliver any alcoholic 
beverage to a person under the age of 19 years; or 
    (4) a person under the age of 19 years to have in his or 
her possession any intoxicating liquor or non-intoxicating malt 
liquor, with intent to consume same at a place other than the 
household of his or her parent or guardian.  Possession of such 
intoxicating liquor or non-intoxicating malt liquor at a place 
other than the household of his or her parent or guardian shall 
be prima facie evidence of intent to consume the same at a place 
other than the household of his or her parent or guardian; or 
    (5) a person under the age of 19 years to consume any 
intoxicating liquor or non-intoxicating malt liquor unless in 
the household of his or her parent or guardian and with the 
consent of his or her parent or guardian. 
    Sec. 23.  Minnesota Statutes 1982, section 340.732, is 
amended to read: 
    340.732 [VIOLATIONS, PENALTIES.] 
    Any person who shall violate violates any provision of 
section 340.731 shall be deemed is guilty of a misdemeanor and 
upon conviction thereof shall be punished accordingly.  
    In addition, any person under the age of 19 years who is 
convicted of purchasing or attempting to purchase an alcoholic 
beverage in violation of section 340.731 shall have his or her 
driver's license or permit to drive revoked by the commissioner 
of public safety for a period of 30 days if the person used a 
driver's license or permit to purchase or attempt to purchase 
the alcoholic beverage.  
    Sec. 24.  Minnesota Statutes 1983 Supplement, section 
609.21, subdivision 1, is amended to read:  
    Subdivision 1.  [RESULTING IN DEATH.] Whoever, as a result 
of operating a vehicle as defined in section 169.01, subdivision 
2, or an aircraft or watercraft, in a grossly negligent manner, 
or in a negligent manner while under the influence of alcohol or 
a controlled substance as defined in section 169.121, 
subdivision 1, causes the death of a human being not 
constituting murder or manslaughter is guilty of criminal 
vehicular operation resulting in death and may be sentenced to 
imprisonment for not more than five years or to payment of a 
fine of not more than $5,000, or both.  Whoever causes the death 
of a human being not constituting murder or manslaughter as a 
result of operating a vehicle as defined in section 169.01, 
subdivision 2, or an aircraft or watercraft, 
    (1) in a grossly negligent manner;  
    (2) in a negligent manner while under the influence of 
alcohol, a controlled substance, or any combination of those 
elements; or 
    (3) in a negligent manner while having an alcohol 
concentration of 0.10 or more, 
is guilty of criminal vehicular operation resulting in death and 
may be sentenced to imprisonment for not more than five years or 
to payment of a fine of not more than $5,000, or both.  
    Sec. 25.  Minnesota Statutes 1983 Supplement, section 
609.21, subdivision 2, is amended to read: 
    Subd. 2.  [RESULTING IN INJURY.] Whoever, as a result of 
operating a vehicle defined in section 169.01, subdivision 2, or 
an aircraft or watercraft, in a grossly negligent manner, or in 
a negligent manner while under the influence of alcohol or a 
controlled substance as defined in section 169.121, subdivision 
1, causes great bodily harm to another, as defined in section 
609.02, subdivision 8, not constituting attempted murder or 
assault is guilty of criminal vehicular operation resulting in 
injury and may be sentenced to imprisonment for not more than 
three years or the payment of a fine of not more than $3,000 or 
both.  Whoever causes great bodily harm to another, as defined 
in section 609.02, subdivision 8, not constituting attempted 
murder or assault as a result of operating a vehicle defined in 
section 169.01, subdivision 2, or an aircraft or watercraft, 
    (1) in a grossly negligent manner;  
    (2) in a negligent manner while under the influence of 
alcohol, a controlled substance, or any combination of those 
elements; or 
    (3) in a negligent manner while having an alcohol 
concentration of 0.10 or more, 
is guilty of criminal vehicular operation resulting in injury 
and may be sentenced to imprisonment for not more than three 
years or the payment of a fine of not more than $3,000, or both. 
    Sec. 26.  [REPEALER.] 
    Minnesota Statutes 1982, section 169.123, subdivision 9, is 
repealed.  
    Sec. 27.  [EFFECTIVE DATE.] 
    Sections 1 to 26 are effective August 31, 1984 and apply to 
offenses committed on or after that date. 
    Approved May 2, 1984