Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                        CHAPTER 228-S.F.No. 126 
           An act relating to traffic regulations; providing for 
          suspension of driver's license of certain persons 
          failing to appear in court; setting a fee; amending 
          Minnesota Statutes 1988, sections 169.92; 171.01, 
          subdivision 13; and 171.20, subdivision 4. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1988, section 169.92, is 
amended to read: 
    169.92 [FAILURE TO APPEAR.] 
    Subdivision 1.  Any person willfully failing to appear in 
court as 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 person may appear in court 
either in person or through an appearance by counsel.  A person 
is not required to sign a written promise to appear. 
    Subd. 2.  When a nonresident person fails to appear in 
court in response to a notice to appear prepared under section 
169.91, subdivision 3, or fails to comply with other orders of 
the court regarding the appearance or proceedings, the court 
shall notify the commissioner of public safety of the 
nonappearance or noncompliance upon a form provided by the 
commissioner. 
    Subd. 3.  Upon receipt of notice from the court that the a 
nonresident did not appear in court, 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 court, or 
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 in compliance with the terms of the a 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 driver that the person's 
driver's license shall remain suspended until the person driver 
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. 2.  Minnesota Statutes 1988, 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; the failure to comply with a written notice to 
appear in court; or a breach of a condition of release without 
bail, is equivalent to a conviction. 
    Sec. 3.  Minnesota Statutes 1988, section 171.20, 
subdivision 4, is amended to read: 
    Subd. 4.  [REINSTATEMENT FEE.] A person whose drivers 
driver's license has been suspended under section 171.16, 
subdivision 2, 171.18, or 171.182 must pay a $20 fee before the 
license is reinstated, except that a suspension may be rescinded 
without fee for good cause. 
     Sec. 4.  [EFFECTIVE DATE.] 
    Sections 1 to 3 are effective the day following final 
enactment. 
    Presented to the governor May 19, 1989 
    Signed by the governor May 22, 1989, 8:40 p.m.