Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 681-S.F.No. 392 
           An act relating to public safety; providing for the 
          mandatory surrender of registration plates and 
          certificates of motor vehicles operated by repeat DWI 
          offenders; providing for administrative review; 
          requiring a report; making a variety of administrative 
          changes to the traffic laws; increasing penalties for 
          falsely using the identity of another person to a 
          peace officer; requiring the department to study the 
          use in other states of ignition interlock devices; 
          appropriating money; amending Minnesota Statutes 1986, 
          sections 168.041; 169.121, subdivision 3a, as added; 
          169.123, subdivision 5b; 169.1261; 169.91, 
          subdivisions 1 and 3; 169.92; 169.99, subdivisions 1 
          and 2; 171.01, subdivision 13; 171.08; 171.22; and 
          171.29, by adding a subdivision; and Minnesota 
          Statutes 1987 Supplement, sections 169.121, 
          subdivision 5a; and 609.506. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 168.041, is 
amended to read:  
    168.041 [IMPOUNDING REGISTRATION PLATES AND CERTIFICATES.] 
    Subdivision 1.  When any a person is convicted of driving a 
motor vehicle after the suspension or, revocation or 
cancellation of the drivers person's driver's license or driving 
privileges of such person, the court shall require the 
registration plates and registration certificates certificate of 
any the motor vehicle involved in such the violation owned by 
such the person or registered in that the person's name to be 
surrendered to the court.  Upon surrender thereof The court 
shall issue a receipt therefor for the surrendered registration 
plates and registration certificate. 
    If the violator is not the owner of such the motor vehicle, 
the court shall require the registration plates and the 
registration certificate of any the motor vehicle to be 
surrendered to the court if the vehicle was used by the 
violator, with the permission of the owner who and the owner had 
knowledge of the fact that the violator's drivers driver's 
license had been revoked or suspended prior to the commission of 
the offense, to be surrendered to the court. 
    Subd. 2.  If any a person is convicted of violating any a 
law or municipal ordinance, except a parking laws or ordinances 
law or ordinance, regulating the operation of motor vehicles on 
the streets or highways, and the record of such the person so 
convicted shows a previous conviction for driving after 
suspension or revocation of the person's driver's license or 
driving privileges, the court may direct the commissioner of 
public safety to suspend the driver's license of such the person 
for a period not exceeding one year.  The court may also require 
the registration plates and registration certificates 
certificate of any motor vehicles vehicle owned by the violator 
or registered in the violator's name to be surrendered to the 
court. 
    Subd. 3.  Except as otherwise provided in subdivision 3a, 
if a person is convicted of any an offense which that makes 
mandatory the revocation of the drivers person's driver's 
license of such person, or is convicted of driving a motor 
vehicle without having a valid driver's license in force, the 
court may require the registration plates and 
registration certificates certificate of any motor vehicle owned 
by such the person or any motor vehicles vehicle registered in 
that the person's name to be surrendered to the court. 
    Subd. 3a.  If a person's driver's license or driving 
privileges are revoked pursuant to a third violation of section 
169.121 or 169.123 within five years, or a fourth or subsequent 
violation of section 169.121 or 169.123 within ten years, the 
court shall issue an impoundment order requiring the surrender 
of the registration plates and registration certificate of any 
motor vehicle owned by, registered, or leased in the name of the 
violator, including vehicles registered or leased jointly in the 
name of the violator and the violator's spouse and any vehicle 
involved in the violation if the vehicle owner was a passenger 
at the time of the violation and knew or should have known of 
the revocation.  This requirement does not apply to rental motor 
vehicles, as defined in subdivision 10.  An impoundment order 
must be issued under this subdivision when the driver appears in 
court on a criminal charge or civil driver's license matter 
arising out of the incident resulting in the most recent license 
revocation, whichever hearing occurs first.  If no criminal 
charge or civil license matter is initiated in court, the 
attorney general may request an impoundment order under this 
subdivision in municipal or county court, or the unified 
district court in the jurisdiction where the violation of 
section 169.121 or 169.123 occurred. 
     In determining whether to issue an impoundment order, the 
court may rely on the following: 
     (1) certified or uncertified copies of the violator's 
driving record; 
     (2) certified or uncertified copies of vehicle registration 
records; and 
    (3) other relevant documentation. 
    Subd. 4.  Except as provided in subdivision 6 or 
subdivision 7, the court shall retain custody of the surrendered 
plates and certificates If the court issues an impoundment 
order, the registration plates and certificates must be 
surrendered to the court either three days after the order is 
issued or on the date specified by the court, whichever date is 
later.  The court shall forward surrendered registration 
certificates to the registrar of motor vehicles within seven 
days after their surrender.  The court may destroy the 
surrendered registration plates.  Except as provided in 
subdivision 4a, 5, 6, or 7, no new registration plates may be 
issued to the violator or owner until such time as the drivers 
driver's license of the violator has been reissued or 
reinstated.  The court shall notify the commissioner of public 
safety within ten days after issuing an impoundment order. 
     Subd. 4a.  [ADMINISTRATIVE REVIEW.] At any time during the 
effective period of an impoundment order, a person may request 
in writing a review of the impoundment order by the commissioner 
of public safety.  Upon receiving a request, the commissioner or 
the commissioner's designee shall review the order, the evidence 
upon which the order was based, and any other material 
information brought to the attention of the commissioner, and 
determine whether sufficient cause exists to sustain the order.  
The commissioner shall report in writing the results of the 
review within 15 days of receiving the request.  The review 
provided in this subdivision is not subject to the contested 
case provisions of the administrative procedure act in sections 
14.01 to 14.70.  As a result of this review, the commissioner 
may authorize the issuance at no cost of new registration plates 
and a registration certificate to the owner of the vehicle if 
the owner's driver's license or driving privileges were not 
revoked under section 169.121 or 169.123 and the owner was not a 
passenger in the vehicle at the time of the violation. 
     Review under this subdivision shall take place, if 
possible, at the same time as any administrative review of the 
person's license revocation under section 169.123, subdivision 
5b. 
    Subd. 5.  At the time of ordering the surrender of the 
registration plates and registration certificates of a violator 
or owner, the court shall notify the registrar of motor vehicles 
of that fact.  Except as provided in subdivision 6 or 
subdivision 7, no new or duplicate registration plates or new 
registration certificates shall be issued to such violator or 
owner until the surrendered plates and certificates are returned 
to the violator or owner by the court.  If the driver's license 
revocation that is the basis for an impoundment order is 
rescinded, the registrar of motor vehicles shall issue new 
registration plates and a registration certificate for the 
vehicle at no cost, when the registrar receives an application 
that includes a copy of the order rescinding the driver's 
license revocation.  
    Subd. 6.  Any such (a) A violator or owner may apply to the 
registrar of motor vehicles commissioner for new registration 
plates, which shall must bear a special series number which may 
of numbers or letters so as to be readily identified by traffic 
law enforcement officers.  A fee of $5 shall accompany the 
application.  The registrar of motor vehicles shall forthwith 
notify the court of such application.  The court may return the 
registration certificate of such violator or owner to the 
registrar of motor vehicles, together with its consent to the 
issuance of such registration plates to such violator or owner.  
Thereupon the registrar of motor vehicles shall issue such new 
registration plates.  The commissioner may authorize the 
issuance of special plates if a member of the violator's 
household has a valid driver's license, the violator or owner 
has a limited license issued under section 171.30, or the owner 
is not the violator and the owner has a valid or limited license 
or a member of the owner's household has a valid driver's 
license.  The commissioner may issue the special plates on 
payment of a $25 fee for each vehicle for which special plates 
are requested.  The commissioner may not authorize the issuance 
of special plates unless the court that impounded the vehicle's 
plates gives written approval for the issuance of the special 
plates.  
    (b) Until the drivers driver's license of such the 
violator is reinstated or reissued, the violator shall inform 
the commissioner that an impoundment order is in effect when 
requesting any new registration plates issued to the violator or 
to an owner whose plates have been impounded shall bear a 
special series number.  
    Subd. 7.  If An owner wishes to may not sell a motor 
vehicle during the time its registration plates and registration 
certificate are impounded have been ordered surrendered or 
during the time its registration plates bear a special series 
number, unless the owner may apply applies to the court which 
that impounded such the plates and certificate, for consent to 
transfer title to the motor vehicle.  If the court is satisfied 
that the proposed sale is in good faith and for a valid 
consideration, that the owner will thereby be deprived of the 
custody and control of the motor vehicle, and that the sale is 
not for the purpose of circumventing the provisions of this 
section, it may certify its consent to the registrar of motor 
vehicles and return the impounded registration plates and 
certificates.  If during The registrar shall then transfer the 
registration certificate to the new owner upon proper 
application and issue new registration plates.  After the time 
the registration plates and certificate of registration are 
impounded certificate have been ordered surrendered to the court 
under this section, if the title to said the motor vehicle is 
transferred by the foreclosure of a chattel mortgage, the 
cancellation of a conditional sales contract, a sale upon 
execution, or by decree or order of a court of competent 
jurisdiction, the court shall order the license plates and 
registration certificate surrendered to the new owner and notify 
the registrar of motor vehicles of such action.  The registrar 
of motor vehicles shall then transfer the registration plates 
and registration certificates to the new owner certificate and 
issue new registration plates to the new owner.  
    Subd. 8.  Nothing contained in this section is intended to 
change or modify any provision of this chapter, with respect to 
the taxation of motor vehicles or the time within which the 
motor vehicle taxes thereon shall must be paid.  
    Subd. 9.  Any A person who fails to surrender any impounded 
registration plates or a registration certificates certificate 
to the court upon demand or under this section, who operates any 
a motor vehicle on a street or highway at a time when a court 
has ordered the surrender of its registration plates and 
registration certificate, or who fails to comply with 
subdivision 6, paragraph (b), is guilty of a misdemeanor. 
    Subd. 10.  "Rental motor vehicle" means a passenger 
vehicle, truck, motorcycle, or motorized bicycle: 
    (1) that is involved in a violation under subdivision 3a, 
leased in the name of the violator, or leased jointly in the 
name of the violator and the violator's spouse; and 
    (2) that is one of a fleet of two or more vehicles rented 
for periods of 30 days or less. 
     Sec. 2.  Minnesota Statutes 1987 Supplement, section 
169.121, subdivision 5a, is amended to read:  
    Subd. 5a.  [CHEMICAL DEPENDENCY ASSESSMENT CHARGE.] When a 
court sentences a person convicted of an offense enumerated in 
section 169.126, subdivision 1, it shall impose a chemical 
dependency assessment charge of $75.  This section applies when 
the sentence is executed, stayed, or suspended.  The court may 
not waive payment or authorize payment of the assessment charge 
in installments unless it makes written findings on the record 
that the convicted person is indigent or that the assessment 
charge would create undue hardship for the convicted person or 
that person's immediate family. 
    The court shall collect and forward to the commissioner of 
finance the total amount of the chemical dependency assessment 
charge and within 60 days after sentencing or explain to the 
commissioner in writing why the money was not forwarded within 
this time period.  The commissioner shall credit the money to 
the drinking and driving repeat offense prevention account 
created in section 169.126, subdivision 4a.  
    The chemical dependency assessment charge required under 
this section is in addition to the surcharge required by section 
609.101. 
    Sec. 3.  Minnesota Statutes 1986, section 169.123, 
subdivision 5b, is amended to read:  
    Subd. 5b.  [ADMINISTRATIVE REVIEW.] At any time during a 
period of revocation imposed under this section a person may 
request in writing a review of the order of revocation by the 
commissioner of public safety.  Upon receiving a request the 
commissioner or the commissioner's designee shall review the 
order, the evidence upon which the order was based, and any 
other material information brought to the attention of the 
commissioner, and determine whether sufficient cause exists to 
sustain the order.  Within 15 days of receiving the request the 
commissioner shall report in writing the results of the review.  
The review provided in this subdivision is not subject to the 
contested case provisions of the administrative procedure act in 
sections 14.01 to 14.70.  
    The availability of administrative review for an order of 
revocation shall have has no effect upon the availability of 
judicial review under this section.  
     Review under this subdivision shall take place, if 
possible, at the same time as any administrative review of the 
person's impoundment order under section 168.041, subdivision 4a.
    Sec. 4.  Minnesota Statutes 1986, section 169.1261, is 
amended to read:  
    169.1261 [REINSTATEMENT OF DRIVING PRIVILEGES; NOTICE.] 
    Upon expiration of any a period of revocation under section 
169.121 or 169.123, the commissioner of public safety shall 
notify the person of the terms upon which driving privileges can 
be reinstated, and new registration plates issued, which terms 
are:  (1) successful completion of a driving test and proof of 
compliance with any terms of alcohol treatment or counseling 
previously prescribed, if any; and (2) any other requirements 
imposed by the commissioner and applicable to that particular 
case.  The commissioner shall notify the owner of a motor 
vehicle subject to an impoundment order under section 168.041 as 
a result of the violation of the procedures for obtaining new 
registration plates, if the owner is not the violator.  The 
commissioner shall also notify the person that if driving is 
resumed without reinstatement of driving privileges or without 
valid registration plates and registration certificate, the 
person will be subject to criminal penalties. 
    Sec. 5.  Minnesota Statutes 1986, section 171.29, is 
amended by adding a subdivision to read: 
    Subd. 3.  A person whose license has been revoked under 
section 169.121 or 169.123 may not be issued another license at 
the end of the revocation period unless the person has complied 
with all applicable registration plate impoundment provisions of 
section 168.041. 
    Sec. 6.  [DESTRUCTION OF STORED LICENSE PLATES.] 
    License plates surrendered to courts before the effective 
date of section 1 may be destroyed. 
    Sec. 7.  [EVALUATION.] 
    The commissioner of public safety shall monitor and 
evaluate the implementation and effects of the registration 
plate impoundment provisions of sections 1 to 6, and shall 
submit a written report to the legislature by January 1, 1990, 
containing the commissioner's findings and recommendations. 
     Sec. 8.  Minnesota Statutes 1986, section 169.121, 
subdivision 3a, as added by Laws 1988, chapter 408, section 1, 
is amended to read: 
    Subd. 3a.  [HABITUAL OFFENDER PENALTIES.] (a) 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 the court 
departs from the mandatory minimum sentence under paragraph (b) 
or (c). 
     (b) Prior to sentencing the prosecutor files may file 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 for it.  When presented with the prosecutor's 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. 
    (c) The court may, on its own motion, sentence the 
defendant without regard to the mandatory minimum term of 
imprisonment established by this subdivision if it finds that 
substantial mitigating factors exist and if its sentencing 
departure is accompanied by a statement on the record of the 
reasons for it. 
     (d) 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. 9.  Minnesota Statutes 1986, section 169.91, 
subdivision 1, is amended to read:  
    Subdivision 1.  [PROCEDURE.] When any person is arrested 
for any violation of any law or ordinance relating to the 
operation or registration of vehicles punishable as a petty 
misdemeanor, misdemeanor, gross misdemeanor, or felony, the 
arrested person shall be taken into custody and immediately 
taken before a judge within the county in which the offense 
charged is alleged to have been committed and who has 
jurisdiction over the offenses and is nearest or most accessible 
with reference to the place where the arrest is made, in any of 
the following cases: 
    (1) When a person arrested demands an immediate appearance 
before a judge; 
    (2) When a person is arrested and charged with an offense 
under this chapter causing or contributing to an accident 
resulting in injury or death to any person; 
    (3) When the person is arrested upon a charge of negligent 
homicide; 
    (4) When the person is arrested upon a charge of driving or 
operating or being in actual physical control of any motor 
vehicle while under the influence of intoxicating liquor or 
drugs; 
    (5) When the person is arrested upon a charge of failure to 
stop in the event of an accident causing death, personal 
injuries, or damage to property; 
    (6) When there is reasonable cause for believing that the 
person arrested may leave the state, except as provided in 
subdivision 4; 
    (7) In any other event when the person arrested refused to 
give a promise in writing to appear in court, as provided in 
subdivision 3. 
    Sec. 10.  Minnesota Statutes 1986, section 169.91, 
subdivision 3, is amended to read:  
    Subd. 3.  [NOTICE TO APPEAR.] When a person is arrested for 
any violation of any law or ordinance relating to motor 
vehicles, their registration or their operation, or the use of 
the highways, the arresting officer shall prepare a written 
notice to appear in court.  This place must be before a judge 
within the county in which the offense charged is alleged to 
have been committed who has jurisdiction and is nearest or most 
accessible with reference to the place of arrest. 
    In order to secure release, if the arrested person is 
eligible for release, without being taken into custody and 
immediately taken before a judge, as provided in this section, 
the arrested person must give a promise in writing to appear in 
court by signing the written notice prepared by the arresting 
officer.  The officer shall retain the original of the notice 
and deliver the copy marked "SUMMONS" to the person arrested.  
The officer shall then release the person arrested from custody. 
    Sec. 11.  Minnesota Statutes 1986, section 169.92, is 
amended to read:  
    169.92 [FAILURE TO APPEAR.] 
    Subdivision 1.  Any person willfully violating the person's 
written promise failing to appear in court, given as provided in 
required by sections 169.90 to 169.95, is guilty of a 
misdemeanor, provided the person is found guilty of the charge 
upon which originally arrested.  A written promise to person may 
appear in court may be complied with by either in person or 
through an appearance by counsel. 
    Subd. 2.  When a nonresident is released upon a promise in 
writing fails to appear and has not appeared in court or 
complied comply with other orders of the court regarding the 
appearance or proceedings, the court shall notify the 
commissioner of public safety of the nonappearance upon a form 
provided by the commissioner. 
    Subd. 3.  Upon receipt of notice from the court that the 
nonresident did not appear in court following release from 
custody upon the nonresident's promise in writing to appear, the 
commissioner of public safety shall forward a copy of the report 
to the driver licensing authority of the state, district, 
territory, possession or province of residence of the person. 
    Subd. 4.  (a) Upon receiving a report from the driver 
licensing authority of a state, district, territory or 
possession of the United States or a province of a foreign 
country which has an agreement in effect with this state 
pursuant to section 169.91 that a resident of this state or a 
person licensed as a driver in this state did not appear in 
court following written promise to appear in compliance with the 
terms of the citation in the party jurisdiction, the 
commissioner of public safety shall notify the driver that the 
driver's license will be suspended unless the commissioner 
receives notice within 30 days that the driver has appeared in 
the appropriate court of the other jurisdiction.  If the 
commissioner does not receive notice of the appearance of the 
Minnesota resident in the appropriate court within 30 days of 
the date of the commissioner's notice to the driver, the 
commissioner may suspend the person's driver's license. 
    (b) The order of suspension shall indicate the reason for 
the order and shall notify the person that the person's license 
shall remain suspended until the person has furnished evidence, 
satisfactory to the commissioner , of compliance with any order 
entered by the court. 
    (c) Suspension shall be ordered under this subdivision only 
when the report from the other jurisdiction clearly identifies 
the person arrested; describes the violation, specifying the 
section of the traffic law, ordinance or rule violated; 
indicates the location and date of the offense; and describes 
the vehicle involved and its registration number. 
    Sec. 12.  Minnesota Statutes 1986, section 169.99, 
subdivision 1, is amended to read:  
    Subdivision 1.  Except as provided in subdivision 3, there 
shall be a uniform ticket issued throughout the state by the 
police and peace officers or by any other person for violations 
of this chapter and ordinances in conformity thereto.  Such 
uniform traffic ticket shall be in the form and have the effect 
of a summons and complaint.  There shall also be included on the 
uniform ticket a receipt in lieu of bail which, when signed by 
the defendant, shall be a guarantee by the defendant to appear 
in the court having jurisdiction over the matter.  The uniform 
ticket shall state that if the defendant fails to appear in 
court in response to the ticket, an arrest warrant may be 
issued.  The uniform traffic ticket shall consist of four parts, 
on paper sensitized so that copies may be made without the use 
of carbon paper, as follows: 
    (1) the complaint, with reverse side for officer's notes 
for testifying in court, driver's past record, and court's 
action, printed on white paper; 
    (2) the abstract of court record for the department of 
public safety, which shall be a copy of the complaint with the 
certificate of conviction on the reverse side, printed on yellow 
paper; 
    (3) the police record, which shall be a copy of the 
complaint and of the reverse side of copy (1), printed on pink 
paper; 
    (4) the summons, with, on the reverse side, such 
information as the court may wish to give concerning the traffic 
violations bureau, and a plea of guilty and waiver, printed on 
off-white tag stock.  
    Sec. 13.  Minnesota Statutes 1986, section 169.99, 
subdivision 2, is amended to read:  
    Subd. 2.  The attorney general commissioner of public 
safety shall by rule promulgated in the manner provided by law 
prescribe the detailed form of the uniform traffic ticket, and 
shall revise the uniform ticket on such subsequent occasions 
as the attorney general deems necessary and proper to keep the 
uniform ticket in conformity with highway traffic rules.  In the 
manner provided by law the attorney general shall give notice to 
all interested parties of a hearing to be held prior to the 
promulgation of the uniform traffic ticket or any changes 
therein.  The uniform traffic ticket shall not be in mandatory 
use throughout the state until 18 months after the attorney 
general has first promulgated the uniform traffic ticket and the 
attorney general shall enforce the uniformity of the promulgated 
traffic ticket throughout the state and federal law.  The 
rulemaking provisions of chapter 14 do not apply to this 
subdivision.  
    Sec. 14.  Minnesota Statutes 1986, section 171.01, 
subdivision 13, is amended to read:  
    Subd. 13.  [CONVICTION.] The term "conviction" means a 
final conviction either after trial or upon a plea of guilty; 
also a forfeiture of cash or collateral deposited to guarantee a 
defendant's appearance in court, which forfeiture has not been 
vacated, or a breach of a condition of release without bail, 
including violation of a written promise to appear, is 
equivalent to a conviction. 
    Sec. 15.  Minnesota Statutes 1986, section 171.08, is 
amended to read:  
    171.08 [LICENSEE TO HAVE LICENSE IN POSSESSION.] 
    Every licensee shall have the license in immediate 
possession at all times when operating a motor vehicle and shall 
display it upon demand of a peace officer, an authorized 
representative of the department, or an officer authorized by 
law to enforce the laws relating to the operation of motor 
vehicles on public streets and highways.  Unless the person is 
the holder of a limited license issued under section 171.30, no 
person charged with violating the possession requirement shall 
be convicted if the person produces in court or the office of 
the arresting officer a driver's license previously issued to 
that person for the class of vehicle being driven which was 
valid at the time of arrest or satisfactory proof that at the 
time of the arrest the person was validly licensed for the class 
of vehicle being driven.  The licensee shall also, upon request 
of any officer, write the licensee's name in the presence of the 
officer to determine the identity of the licensee. 
    Sec. 16.  Minnesota Statutes 1986, section 171.22, is 
amended to read:  
    171.22 [UNLAWFUL ACTS.] 
    Subdivision 1.  [ACTS.] It shall be unlawful for any person:
    (1) To display, or cause or permit to be displayed, or have 
in possession, any canceled, revoked, suspended, fictitious, or 
fraudulently altered driver's license; or 
    (2) To lend the person's driver's license to any other 
person or knowingly permit the use thereof by another; or 
    (3) To display or represent as one's own any driver's 
license not issued to that person; or 
    (4) To fail or refuse to surrender to the department, upon 
its lawful demand, any driver's license which has been 
suspended, revoked, or canceled; or 
    (5) To use a false or fictitious name or date of birth to 
any police officer or in any application for a driver's license, 
or to knowingly make a false statement, or to knowingly conceal 
a material fact, or otherwise commit a fraud in any such 
application; or 
    (6) To alter any driver's license, or to counterfeit or 
make any fictitious license; or 
    (7) To take any part of the driver's license examination 
for another or to permit another to take the examination for 
that person; or 
    (8) to use the name and date of birth of another person to 
any police officer for the purpose of falsely identifying 
oneself to the police officer. 
    Subd. 2.  [PENALTIES.] Any person who violates subdivision 
1, clause (8), is guilty of a gross misdemeanor.  Any person who 
violates any other provision of subdivision 1 is guilty of a 
misdemeanor. 
    Sec. 17.  Minnesota Statutes 1987 Supplement, section 
609.506, is amended to read:  
    609.506 [PROHIBITING GIVING PEACE OFFICER FALSE NAME.] 
    Subdivision 1.  [MISDEMEANOR.] Whoever with intent to 
obstruct justice gives a false or fictitious name other than a 
nickname, or gives a false date of birth, or false or 
fraudulently altered identification card to a peace officer, as 
defined in section 626.84, subdivision 2, paragraph (c), when 
that officer makes inquiries incident to a lawful investigatory 
stop or lawful arrest, or inquiries incident to executing any 
other duty imposed by law, is guilty of a misdemeanor. 
     Subd. 2.  [GROSS MISDEMEANOR.] Whoever with intent to 
obstruct justice gives the name and date of birth of another 
person to a peace officer, as defined in subdivision 1, when the 
officer makes inquiries incident to a lawful investigatory stop 
or lawful arrest, or inquiries incident to executing any other 
duty imposed by law, is guilty of a gross misdemeanor. 
    Sec. 18.  [IGNITION INTERLOCK DEVICES; STUDY AND REPORT 
REQUIRED.] 
    Subdivision 1.  [DEFINITION.] As used in this section, 
"ignition interlock device" means breath alcohol ignition 
equipment designed to prevent the operation of a motor vehicle 
by a person whose alcohol concentration exceeds a designated 
level. 
    Subd. 2.  [STUDY AND REPORT BY DEPARTMENT OF PUBLIC 
SAFETY.] The department of public safety shall study the use of 
ignition interlock devices in other states and report its 
findings to the legislature by January 1, 1989.  The 
department's report shall address, but need not be limited to, 
the following questions: 
    (a) Does the use of ignition interlock devices have a 
demonstrated effect on the incidence of repeat drunk driving 
offenses? 
    (b) Should the use of ignition interlock devices be 
mandated for all convicted drunk drivers, or should their use be 
a discretionary matter for the courts and the department of 
public safety? 
    (c) What technical or operational problems do ignition 
interlock devices present and how can these problems best be 
resolved? 
    (d) What process and criteria should the state adopt to 
certify ignition interlock devices? 
    (e) Who should bear the responsibility for paying for the 
installation of ignition interlock devices? 
     Sec. 19.  [APPROPRIATION.] 
    $91,000 is appropriated to the commissioner of public 
safety for the purposes of sections 1 to 7:  $68,100 is from the 
highway user tax distribution fund and $22,900 is from the trunk 
highway fund. 
    Sec. 20.  [EFFECTIVE DATE.] 
    Sections 1 to 8 and sections 16 and 17 are effective August 
1, 1988, and apply to violations committed on or after that date.
    Approved April 27, 1988