Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                        CHAPTER 216-H.F.No. 949 
           An act relating to traffic safety; increasing 
          penalties for persons convicted of DWI after a 
          previous conviction for criminal vehicular operation; 
          amending Minnesota Statutes 1988, section 169.121, 
          subdivision 3. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1988, section 169.121, 
subdivision 3, is amended to read: 
    Subd. 3.  [CRIMINAL PENALTIES.] (a) A person who violates 
this section or an ordinance in conformity with it is guilty of 
a misdemeanor. 
    The following persons are guilty of a gross misdemeanor:  
    (a) (b) A person is guilty of a gross misdemeanor who 
violates this section or an ordinance in conformity with it 
within five years of a prior impaired driving conviction 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 
    (b) A person who violates this section or an ordinance in 
conformity with it, or within ten years of two or more prior 
impaired driving convictions 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.  
    For purposes of this subdivision paragraph, a prior 
impaired driving conviction is a prior conviction under this 
section, section 169.129, or an ordinance in conformity with one 
of those two provisions; section 84.91, subdivision 1, paragraph 
(a); 361.12, subdivision 1, paragraph (a); 609.21, subdivision 
1, clause (2) or (3); 609.21, subdivision 2, clause (2) or (3); 
609.21, subdivision 3, clause (2) or (3); 609.21, subdivision 4, 
clause (2) or (3); or a statute or ordinance from another state 
in conformity with any of them.  A prior impaired driving 
conviction also includes a prior 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 a prior conviction that would 
have been a prior impaired driving conviction if committed by an 
adult.  
    (c) The attorney in the jurisdiction in which the violation 
occurred who is responsible for prosecution of misdemeanor 
violations of this section shall also be responsible for 
prosecution of gross misdemeanor violations of this section.  
    When an attorney responsible for prosecuting gross 
misdemeanors under this section requests criminal history 
information relating to previous prior impaired driving 
convictions under this section from a court, the court must 
furnish the information without charge. 
    Sec. 2.  [EFFECTIVE DATE.] 
    Section 1 is effective August 1, 1989, and applies to 
crimes committed on or after that date. 
    Presented to the governor May 19, 1989 
    Signed by the governor May 19, 1989, 11:42 p.m.