Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 270-H.F.No. 551 
           An act relating to public safety; increasing the 
          chemical dependency assessment charge for repeat 
          violators of the driving while intoxicated laws; 
          extending waiting period for person to receive limited 
          driver's license who has been convicted of certain 
          crimes; establishing a pilot program for the use of 
          ignition interlock devices; providing immunity from 
          liability arising out of the use of breath alcohol 
          testing devices in liquor establishments; prohibiting 
          the use of the breath alcohol test as evidence; 
          authorizing counties to create pilot programs to 
          provide intensive probation for repeat violators of 
          the driving while intoxicated laws; imposing 
          penalties; appropriating money; amending Minnesota 
          Statutes 1990, sections 169.121, subdivision 5a; 
          171.17; and 171.30, subdivisions 2, 4, and by adding a 
          subdivision; proposing coding for new law in Minnesota 
          Statutes, chapters 171 and 604. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1990, 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 $76.  A person shall pay an 
additional surcharge of $5 if the person is convicted of (i) a 
violation of section 169.129, or (ii) a violation of this 
section within five years of a prior impaired driving 
conviction, as defined in subdivision 3, or a prior conviction 
for an offense arising out of an arrest for a violation of 
section 169.121 or 169.129.  This section applies when the 
sentence is executed, stayed, or suspended.  The court may not 
waive payment or authorize payment of the assessment charge and 
surcharge in installments unless it makes written findings on 
the record that the convicted person is indigent or that the 
assessment charge and surcharge 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 surcharge 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 general fund.  
    The chemical dependency assessment charge and surcharge 
required under this section is are in addition to the surcharge 
required by section 609.101. 
    Sec. 2.  Minnesota Statutes 1990, section 171.17, is 
amended to read: 
    171.17 [REVOCATION.] 
    The department shall forthwith revoke the license of any 
driver upon receiving a record of such driver's conviction of 
any of the following offenses: 
    (1) manslaughter or criminal vehicular operation resulting 
from the operation of a motor vehicle or criminal vehicular 
homicide or injury under section 609.21; 
    (2) any violation of section 169.121 or 609.487; 
    (3) any felony in the commission of which a motor vehicle 
was used; 
    (4) failure to stop and disclose identity and render aid, 
as required under the laws of this state section 169.09, in the 
event of a motor vehicle accident resulting in the death or 
personal injury of another; 
    (5) perjury or the making of a false affidavit or statement 
to the department under any law relating to the ownership or 
operation of a motor vehicle; 
    (6) except as this section otherwise provides, conviction, 
plea of guilty, or forfeiture of bail not vacated, upon three 
charges of violating, within a period of 12 months any of the 
provisions of chapter 169, or of the rules or municipal 
ordinances enacted in conformance therewith for which the 
accused may be punished upon conviction by imprisonment; 
    (7) conviction of an offense in another state which, if 
committed in this state, would be grounds for the revocation of 
the driver's license. 
    When any judge of a juvenile court, or any of its duly 
authorized agents, determines under a proceeding under chapter 
260 that any person under the age of 18 years has committed any 
offense defined in this section, such judge, or duly authorized 
agent, shall immediately report this determination to the 
department, and the commissioner shall immediately revoke the 
license of that person. 
    Upon revoking the license of any person, as hereinbefore in 
this chapter authorized, the department shall immediately notify 
the licensee, in writing, by depositing in the United States 
post office a notice addressed to the licensee at the licensee's 
last known address, with postage prepaid thereon. 
    Sec. 3.  Minnesota Statutes 1990, section 171.30, 
subdivision 2, is amended to read: 
    Subd. 2.  [60-DAY WAITING PERIOD.] A limited license shall 
not be issued for a period of 60 days to an individual whose 
license or privilege has been revoked or suspended for 
commission of the following offenses: 
    (a) Manslaughter or criminal negligence resulting from the 
operation of a motor vehicle. 
    (b) (1) any felony in the commission of which a motor 
vehicle was used.; or 
    (c) (2) failure to stop and disclose identity as required 
under the laws of this state section 169.09, in the event of a 
motor vehicle accident resulting in the death or personal injury 
of another. 
    Sec. 4.  Minnesota Statutes 1990, section 171.30, is 
amended by adding a subdivision to read: 
    Subd. 2a.  [180-DAY WAITING PERIOD.] Notwithstanding 
subdivision 2, a limited license shall not be issued for a 
period of 180 days to an individual whose license or privilege 
has been revoked or suspended for commission of the offense of 
manslaughter resulting from the operation of a motor vehicle or 
criminal vehicular homicide or injury under section 609.21. 
    Sec. 5.  Minnesota Statutes 1990, section 171.30, 
subdivision 4, is amended to read: 
    Subd. 4.  [PENALTY.] A person who violates a condition or 
limitation of a limited license issued under subdivision 1 or 
fails to have the license in immediate possession at all times 
when operating a motor vehicle is guilty of a misdemeanor.  In 
addition, a person who violates a condition or limitation of a 
limited license may not operate a motor vehicle for the 
remainder of the period of suspension or revocation, or 30 days, 
whichever is longer. 
    Sec. 6.  [171.305] [IGNITION INTERLOCK DEVICE; PILOT 
PROGRAM; LICENSE CONDITION.] 
    Subdivision 1.  [DEFINITION.] "Ignition interlock device" 
or "device" means breath alcohol ignition equipment designed to 
prevent a motor vehicle's ignition from being started by a 
person whose alcohol concentration exceeds the calibrated 
setting on the device. 
    Subd. 2.  [PILOT PROGRAM.] The commissioner shall establish 
a one-year statewide pilot program for the use of an ignition 
interlock device by a person whose driver's license or driving 
privilege has been canceled and denied by the commissioner for 
an alcohol or controlled substance related incident.  After one 
year the commissioner shall evaluate the program and shall 
report to the legislature by February 1, 1993, on whether 
changes in the program are necessary and whether the program 
should be permanent.  No limited license shall be issued under 
this program after August 1, 1992.  
    Subd. 3.  [PERFORMANCE STANDARDS.] The commissioner shall 
specify performance standards for ignition interlock devices, 
including standards relating to accuracy, safe operation of the 
vehicle, and degree of difficulty rendering the device 
inoperative.  
    Subd. 4.  [CERTIFICATION.] The commissioner shall certify 
ignition interlock devices that meet the performance standards 
and may charge the manufacturer of the ignition interlock device 
a certification fee. 
    Subd. 5.  [ISSUANCE OF LIMITED LICENSE.] The commissioner 
may issue a limited license to a person whose driver's license 
has been canceled and denied due to an alcohol or controlled 
substance related incident under section 171.04, subdivision 1, 
clause (8), under the following conditions: 
    (1) at least one-half of the person's required abstinence 
period has expired; 
    (2) the person has completed all rehabilitation 
requirements; and 
    (3) the person agrees to drive only a motor vehicle 
equipped with a functioning and certified ignition interlock 
device. 
    Subd. 6.  [MONITORING.] The ignition interlock device must 
be monitored for proper use and accuracy by an entity approved 
by the commissioner.  
    Subd. 7.  [PAYMENT.] The commissioner shall require that 
the person issued a limited license under subdivision 5 pay all 
costs associated with use of the device.  
    Subd. 8.  [PROOF OF INSTALLATION.] A person approved for a 
limited license must provide proof of installation prior to 
issuance of the limited license. 
    Subd. 9.  [PENALTIES.] (a) A person who knowingly lends, 
rents, or leases a motor vehicle that is not equipped with a 
functioning ignition interlock device to a person with a limited 
license issued under subdivision 5 is guilty of a misdemeanor. 
    (b) A person who tampers with, circumvents, or bypasses the 
ignition interlock device, or assists another to tamper with, 
circumvent, or bypass the device, is guilty of a misdemeanor. 
    (c) The penalties of this subdivision do not apply if the 
action was taken for emergency purposes or for mechanical 
repair, and the person limited to the use of an ignition 
interlock device does not operate the motor vehicle while the 
device is disengaged. 
    Subd. 10.  [CANCELLATION OF LIMITED LICENSE.] The 
commissioner shall cancel a limited license issued under this 
section if the device registers a positive reading for use of 
alcohol or the person violates any conditions of the limited 
license. 
    Sec. 7.  [604.09] [BREATH ALCOHOL TESTING DEVICE IN LIQUOR 
ESTABLISHMENTS.] 
    Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
section, the following terms have the meanings given them. 
    (b) "Breath alcohol testing device" means a device that 
tests for alcohol concentration by using a breath sample. 
    (c) "Licensed premises" has the meaning given in section 
340A.101, subdivision 15. 
    (d) "Liquor licensee" means a person licensed under 
sections 340A.403 to 340A.407 or section 340A.414, and includes 
an agent or employee of a licensee. 
    Subd. 2.  [IMMUNITY FROM LIABILITY.] (a) Subject to 
subdivision 3, a liquor licensee who administers or makes 
available a breath alcohol testing device in the licensed 
premises is immune from any liability arising out of the result 
of the test.  
    (b) Subject to subdivision 3, a designer, manufacturer, 
distributor, or seller of a breath alcohol testing device is 
immune from any products liability or other cause of action 
arising out of the result of a test by the breath alcohol 
testing device in a licensed premises. 
    Subd. 3.  [IMMUNITY REQUIREMENTS.] Subdivision 2 applies 
only if: 
    (1) a conspicuous notice is posted in the licensed premises:
    (i) informing patrons of the immunity provisions of 
subdivision 2 and notifying them that the test is made available 
solely for their own informal use and information; and 
    (ii) informing patrons of the alcohol-related driving 
penalties under sections 169.121 to 169.123, 169.129, and 
609.21; 
    (2) the type of breath alcohol testing device is certified 
by the commissioner of public safety under subdivision 7; and 
    (3) the breath alcohol testing device test results are 
indicated as follows: 
    (i) the breath alcohol testing device shows a white light 
and gives a reading of alcohol concentration if alcohol 
concentration is less than .05; 
    (ii) the breath alcohol testing device shows a yellow light 
and gives a reading of alcohol concentration if alcohol 
concentration is .05 or more but less than .08; 
    (iii) the breath alcohol testing device shows an orange 
light and gives a reading of alcohol concentration if alcohol 
concentration is .08 or more but less than .10, and displays a 
message that states "You are close to the legal limit and your 
driving may be impaired;" or 
    (iv) the breath alcohol testing device shows a red light if 
alcohol concentration is .10 or greater but does not give a 
reading of alcohol concentration, and displays a message that 
states that the person fails the test. 
    Subd. 4.  [EVIDENCE.] Evidence regarding the result of a 
test by a breath alcohol testing device in a licensed premises 
is not admissible in any civil or criminal proceeding.  
    Subd. 5.  [DRAMSHOP.] This section does not affect 
liability under section 340A.801. 
    Subd. 6.  [PREPARATION OF NOTICE.] The commissioner of 
public safety shall prepare and make available to liquor 
licensees the notices described in subdivision 3. 
    Subd. 7.  [RULES; CERTIFICATION.] The commissioner of 
public safety shall adopt any rules reasonably required to 
implement this section, including performance and maintenance 
standards for breath alcohol testing devices.  The commissioner 
shall certify breath alcohol testing devices that meet the 
performance standards.  The costs of rulemaking and 
certification must be borne by the manufacturers of the breath 
alcohol testing devices. 
    Sec. 8.  [169.1265] [PILOT PROGRAMS OF INTENSIVE PROBATION 
FOR REPEAT DWI OFFENDERS.] 
    Subdivision 1.  [APPLICATION.] The commissioner of public 
safety shall administer a program to provide grants to counties 
to establish programs of intensive probation for repeat 
violators of the driving while intoxicated laws.  The 
commissioner shall adopt an application form on which a county 
or a group of counties may apply for a grant to establish a DWI 
repeat offender program. 
    Subd. 2.  [GOALS.] The goals of the DWI repeat offender 
program are to protect public safety and provide an appropriate 
sentencing alternative for persons convicted of a violation of 
Minnesota Statutes, section 169.129, or of repeat violations of 
Minnesota Statutes, section 169.121, who are considered to be of 
high risk to the community. 
    Subd. 3.  [PROGRAM ELEMENTS.] To be considered for a grant 
under this section, a county program must contain the following 
elements: 
    (1) an initial assessment of the offender's chemical 
dependency, with recommended treatment and aftercare; 
    (2) several stages of probation supervision, including: 
    (i) a period of at least 30 days' incarceration in a local 
or regional detention facility; 
    (ii) a period during which an offender is, at all times, 
either working, on home detention, being supervised at a program 
facility, or traveling between two of these locations; 
    (iii) a period of home detention; and 
    (iv) a period of gradually decreasing involvement with the 
program; 
    (3) decreasing levels of intensity and contact with 
probation officials based on the offender's successful 
participation in the program and compliance with its rules; 
    (4) a provision for increasing the severity of the 
program's requirements when an offender offends again or 
violates the program's rules; 
    (5) a provision for offenders to continue or seek 
employment during their period of intensive probation; 
    (6) a requirement that offenders abstain from alcohol and 
controlled substances during the probation period; and 
    (7) a requirement that all or a substantial part of the 
costs of the program be paid by the offenders. 
    Subd. 4.  [TRAINING.] Counties participating in the program 
shall provide to affected officials relevant training in 
intensive probation programs. 
    Sec. 9.  [APPROPRIATION.] 
    (a) $164,000 is appropriated to the commissioner of public 
safety to fund start-up grants to counties or groups of counties 
for DWI repeat offender programs, to be available until June 30, 
1993. 
    (b) $50,000 is appropriated to the University of Minnesota 
law school to fund an interdisciplinary criminal justice system 
DWI task force, to be available until June 30, 1993.  The task 
force shall evaluate DWI laws, enforcement procedures, and court 
practices and shall advise the legislature, the courts, law 
enforcement agencies, and prosecutors regarding improvement of 
DWI laws and their implementation and enforcement. * (Section 9 
was vetoed by the governor.) 
    Sec. 10.  [EFFECTIVE DATE.] 
    Sections 2 to 5 and section 6, subdivision 9, are effective 
for violations that occur on or after August 1, 1991.  Section 1 
is effective July 1, 1991, and applies to crimes committed on or 
after that date. 
    Presented to the governor May 29, 1991 
    Signed by the governor June 1, 1991, 5:01 p.m.