Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 123-H.F.No. 427 
           An act relating to public safety; providing that 
          violation of local DWI ordinance is counted for 
          purposes of driver's license revocation; providing 
          that courts must report juvenile traffic violations to 
          the department of public safety; amending Minnesota 
          Statutes 1986, sections 169.121, subdivision 4; 
          171.16, subdivision 5; 171.17; and 260.161, 
          subdivision 2; repealing Minnesota Statutes 1986, 
          section 260.193, subdivision 9.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 169.121, 
subdivision 4, is amended to read:  
    Subd. 4.  [ADMINISTRATIVE PENALTIES.] The commissioner of 
public safety shall revoke the driver's license of a person 
convicted of violating this section or an ordinance in 
conformity with it 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. 2.  Minnesota Statutes 1986, 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 that must be reported under section 
171.17, 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. 3.  Minnesota Statutes 1986, section 171.17, is 
amended to read: 
    171.17 [REVOCATION.] 
    The department shall forthwith revoke the license of any 
driver upon receiving a record of such driver's conviction of 
any of the following offenses: 
    (1) manslaughter or criminal vehicular operation resulting 
from the operation of a motor vehicle; 
    (2) any violation of section 169.121 or 609.487; 
    (3) any felony in the commission of which a motor vehicle 
was used; 
    (4) failure to stop and disclose identity and render aid, 
as required under the laws of this state, in the event of a 
motor vehicle accident resulting in the death or personal injury 
of another; 
    (5) perjury or the making of a false affidavit or statement 
to the department under any law relating to the ownership or 
operation of a motor vehicle; 
    (6) except as this section otherwise provides, conviction, 
plea of guilty, or forfeiture of bail not vacated, upon three 
charges of violating, within a period of 12 months any of the 
provisions of chapter 169, or of the rules or municipal 
ordinances enacted in conformance therewith for which the 
accused may be punished upon conviction by imprisonment; 
    (7) conviction of an offense in another state which, if 
committed in this state, would be grounds for the revocation of 
the driver's license. 
    When any judge of a juvenile court, or any of its duly 
authorized agents, shall determine, formally or 
informally, determines under a proceeding under chapter 260 that 
any person under the age of 18 years has committed any offense 
defined in this section, such judge, or duly authorized agent, 
shall immediately report such this determination to the 
department, and the commissioner shall immediately revoke the 
license of that person. 
    Upon revoking the license of any person, as hereinbefore in 
this chapter authorized, the department shall immediately notify 
the licensee, in writing, by depositing in the United States 
post office a notice addressed to the licensee at the licensee's 
last known address, with postage prepaid thereon. 
     Sec. 4.  Minnesota Statutes 1986, section 260.161, 
subdivision 2, is amended to read:  
    Subd. 2.  Except as provided in this subdivision and in 
subdivision 1, none of the records of the juvenile court, 
including legal records, shall be open to public inspection or 
their contents disclosed except (a) by order of the court or (b) 
as required by sections 611A.03, 611A.04, and 611A.06.  The 
records of juvenile probation officers and county home schools 
are records of the court for the purposes of this subdivision.  
This subdivision does not apply to proceedings under sections 
260.255 and 260.261.  The court shall maintain the 
confidentiality of adoption files and records in accordance with 
the provisions of laws relating to adoptions.  In juvenile court 
proceedings any report or social history furnished to the court 
shall be open to inspection by the attorneys of record a 
reasonable time before it is used in connection with any 
proceeding before the court. 
    When a judge of a juvenile court, or duly authorized agent 
of the court, determines under a proceeding under this chapter 
that a child has violated a state or local law, ordinance, or 
regulation pertaining to the operation of a motor vehicle on 
streets and highways, except parking violations, the judge or 
agent shall immediately report the violation to the commissioner 
of public safety.  The report must be made on a form provided by 
the department of public safety and must contain the information 
required under section 169.95. 
    Sec. 5.  [REPEALER.] 
    Minnesota Statutes 1986, section 260.193, subdivision 9, is 
repealed. 
    Approved May 14, 1987