Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                         CHAPTER 59-S.F.No. 59 
           An act relating to highway traffic regulations; 
          prescribing who shall prosecute persons who operate 
          motorboats while under the influence of alcohol or a 
          controlled substance; amending Minnesota Statutes 
          1986, section 361.12, subdivision 5. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 361.12, 
subdivision 5, is amended to read:  
    Subd. 5.  [PENALTIES.] (a) A person who violates any 
prohibition contained in subdivision 1 is guilty of a 
misdemeanor; except that a person who violates any prohibition 
contained in subdivision 1 within five years of a prior 
conviction under that subdivision or civil liability under 
section 361.121, subdivision 2, or within ten years of two or 
more prior convictions under that subdivision or civil liability 
under section 361.121, subdivision 2, is guilty of a gross 
misdemeanor.  The attorney in the jurisdiction in which the 
violation occurred who is responsible for prosecution of 
misdemeanor violations of this section is also responsible for 
prosecution of gross misdemeanor violations of this section. 
    (b) A person who operates a motorboat on the waters of this 
state during the period the person is prohibited from operating 
any motorboat or after the person's motorboat operator's permit 
has been revoked, as provided under subdivision 6, is guilty of 
a misdemeanor. 
    Approved May 7, 1987