language to be deleted (2) new language
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 nonresidentperson 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 thea 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 thea 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 residentin the appropriate court within 30 days of the date of the commissioner's notice to the driver, the commissioner may suspend the person'sdriver's license. (b) The order of suspension shall indicate the reason for the order and shall notify the persondriver that the person'sdriver's license shall remain suspended until the persondriver 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 jurisdictionclearly 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 driversdriver'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.