Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 408-S.F.No. 537 
           An act relating to public safety; imposing mandatory 
          minimum penalties on habitual DWI offenders; requiring 
          a report; amending Minnesota Statutes 1986, section 
          169.121, by adding a subdivision. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 169.121, is 
amended by adding a subdivision to read: 
    Subd. 3a.  [HABITUAL OFFENDER PENALTIES.] If a person has 
been convicted 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, and if the 
person is then convicted of violating this section or an 
ordinance in conformity with it (1) once within five years after 
the first conviction or (2) two or more times within ten years 
after the first conviction, the person must be sentenced to a 
minimum of 30 days imprisonment or to eight hours of community 
work service for each day less than 30 days that the person is 
ordered to serve in jail. 
    Notwithstanding section 609.135, the above sentence must be 
executed, unless prior to sentencing the prosecutor files a 
motion to have the defendant sentenced without regard to the 
mandatory minimum sentence established by this subdivision.  The 
motion must be accompanied by a statement on the record of the 
reasons.  When presented with the motion and if it finds that 
substantial mitigating factors exist, the court shall sentence 
the defendant without regard to the mandatory minimum term of 
imprisonment established by this subdivision.  When any portion 
of the sentence required by this subdivision is not executed, 
the court should impose a sentence that is proportional to the 
extent of the offender's prior criminal and moving traffic 
violation record. 
    Sec. 2.  [STUDY OF MANDATORY MINIMUM SENTENCING PROVISION.] 
    The state planning agency shall monitor the implementation 
and use of the mandatory minimum sentencing provisions contained 
in section 169.121, subdivision 3a, and shall report to the 
legislature by January 1, 1990, with its findings and 
recommendations, if any. 
    Sec. 3.  [EFFECTIVE DATE.] 
    Section 1 is effective August 1, 1988, and applies to 
crimes committed on or after that date.  Section 2 is effective 
August 1, 1988. 
    Approved March 16, 1988