Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                        CHAPTER 347-S.F.No. 694 
           An act relating to alcohol and chemical use; 
          increasing penalties for driving while intoxicated 
          with a child under 16 in the vehicle and providing for 
          vehicle forfeiture for multiple offenses; requiring 
          driver's license revocation for persons convicted of a 
          controlled substance offense if the court finds that 
          the person committed the offense while driving a motor 
          vehicle; providing pretrial release conditions for 
          habitual DWI violators; increasing the penalty for 
          certain persons who drive while under license 
          cancellation; allowing the use of preliminary 
          screening tests in certain proceedings; providing 
          one-year program for funds from sale of certain 
          forfeited vehicles to be used for DWI-related 
          enforcement, training, and education; making technical 
          changes to apply DWI-related provisions to commercial 
          motor vehicle operators; requiring information related 
          to the risks and effects of alcohol to be printed in 
          driver's manual; clarifying administrative revocation 
          penalties; extending ignition interlock pilot program 
          for one year; defining "consumption" in the underage 
          drinking law; expanding prosecutorial jurisdiction 
          over underage drinking offenses; requiring driver's 
          license suspension for persons who commit an underage 
          drinking offense while operating a motor vehicle; 
          expanding filing requirements relating to dram shop 
          actions; amending Minnesota Statutes 1992, sections 
          168.042, subdivision 2; 169.121, subdivisions 2, 3, 4, 
          6, and by adding a subdivision; 169.1217, subdivisions 
          1 and 9; 169.123, subdivisions 2 and 4; 169.129; 
          171.13, subdivision 1b; 171.24; 171.30, subdivisions 1 
          and 2a; 171.305, subdivision 2; 260.185, subdivision 
          1; 340A.503, subdivision 1; and 340A.802, subdivision 
          2; proposing coding for new law in Minnesota Statutes, 
          chapters 152; and 171. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  [152.0271] [NOTICE TO COMMISSIONER OF PUBLIC 
SAFETY OF CERTAIN DRUG CONVICTIONS; DRIVER'S LICENSE 
REVOCATION.] 
    When a person is convicted of violating a provision of 
sections 152.021 to 152.027, the sentencing court shall 
determine whether the person unlawfully sold or possessed the 
controlled substance while driving a motor vehicle.  If so, the 
court shall notify the commissioner of public safety of its 
determination and order the commissioner to revoke the person's 
driver's license for 30 days.  If the person does not have a 
driver's license or if the person's driver's license is 
suspended or revoked at the time of the conviction, the 
commissioner shall delay the issuance or reinstatement of the 
person's driver's license for 30 days after the person applies 
for the issuance or reinstatement of the license.  Upon receipt 
of the court's order, the commissioner is authorized to take the 
licensing action without a hearing. 
    Sec. 2.  Minnesota Statutes 1992, section 168.042, 
subdivision 2, is amended to read: 
    Subd. 2.  [VIOLATION; ISSUANCE OF IMPOUNDMENT ORDER.] The 
commissioner shall issue a registration plate impoundment order 
when: 
    (1) a person's driver's license or driving privileges are 
revoked for a third violation, as defined in subdivision 1, 
paragraph (c), clause (1), within five years or a fourth or 
subsequent violation, as defined in subdivision 1, paragraph 
(c), clause (1), within 15 years; or 
    (2) a person's driver's license or driving privileges are 
revoked for a violation of section 169.121, subdivision 3, 
paragraph (c), clause (4), within five years of one previous 
violation or within 15 years of two or more previous violations, 
as defined in subdivision 1, paragraph (c), clause (1); or 
    (3) a person is arrested for or charged with a violation 
described in subdivision 1, paragraph (c), clause (2) or (3).  
    The order shall require the impoundment of the registration 
plates of the vehicle involved in the violation and all vehicles 
owned by, registered, or leased in the name of the violator, 
including vehicles registered jointly or leased in the name of 
the violator and another.  An impoundment order shall not be 
issued for the registration plates of a rental vehicle as 
defined in section 168.041, subdivision 10, or a vehicle 
registered in another state. 
    Sec. 3.  Minnesota Statutes 1992, section 169.121, is 
amended by adding a subdivision to read: 
    Subd. 1c.  [CONDITIONAL RELEASE.] A person charged with 
violating subdivision 1 within ten years of the first of three 
prior impaired driving convictions or within the person's 
lifetime after four or more prior impaired driving convictions 
may be released from detention only upon the following 
conditions unless maximum bail is imposed: 
    (1) the impoundment of the registration plates of the 
vehicle used to commit the violation occurred, unless already 
impounded; 
    (2) a requirement that the alleged violator report weekly 
to a probation agent; 
    (3) a requirement that the alleged violator abstain from 
consumption of alcohol and controlled substances and submit to 
random, weekly alcohol tests or urine analyses; and 
    (4) a requirement that, if convicted, the alleged violator 
reimburse the court or county for the total cost of these 
services. 
    Sec. 4.  Minnesota Statutes 1992, section 169.121, 
subdivision 2, is amended to read: 
    Subd. 2.  [EVIDENCE.] Upon the trial of any prosecution 
arising out of acts alleged to have been committed by any person 
arrested for driving, operating, or being in physical control of 
a motor vehicle in violation of subdivision 1, the court may 
admit evidence of the amount of alcohol or a controlled 
substance in the person's blood, breath, or urine as shown by an 
analysis of those items. 
    For the purposes of this subdivision:, 
    (a) evidence that there was at the time an alcohol 
concentration of 0.05 or less is prima facie evidence that the 
person was not under the influence of alcohol; 
    (b) evidence that there was at the time an alcohol 
concentration of more than 0.05 and less than 0.10 0.04 or more 
is relevant evidence in indicating whether or not the person was 
under the influence of alcohol. 
    Evidence of the refusal to take a test is admissible into 
evidence in a prosecution under this section or an ordinance in 
conformity with it.  
    If proven by a preponderance of the evidence, it shall be 
an affirmative defense to a violation of subdivision 1, clause 
(e), that the defendant consumed a sufficient quantity of 
alcohol after the time of actual driving, operating, or physical 
control of a motor vehicle and before the administration of the 
evidentiary test to cause the defendant's alcohol concentration 
to exceed 0.10.  Provided, that this evidence may not be 
admitted unless notice is given to the prosecution prior to the 
omnibus or pretrial hearing in the matter.  
    The foregoing provisions do not limit the introduction of 
any other competent evidence bearing upon the question whether 
or not the person violated this section, including tests 
obtained more than two hours after the alleged violation and 
results obtained from partial tests on an infrared 
breath-testing instrument.  A result from a partial test is the 
measurement obtained by analyzing one adequate breath sample, as 
defined in section 169.123, subdivision 2b, paragraph (b). 
    Sec. 5.  Minnesota Statutes 1992, section 169.121, 
subdivision 3, is amended to read: 
    Subd. 3.  [CRIMINAL PENALTIES.] (a) As used in this 
subdivision:  
    (1) "prior impaired driving conviction" means a prior 
conviction under this section; section 84.91, subdivision 1, 
paragraph (a); 86B.331, subdivision 1, paragraph (a); 169.129; 
360.0752; 609.21, subdivision 1, clauses (2) to (4); 609.21, 
subdivision 2, clauses (2) to (4); 609.21, subdivision 2a, 
clauses (2) to (4); 609.21, subdivision 3, clauses (2) to (4); 
609.21, subdivision 4, clauses (2) to (4); or an ordinance from 
this state, 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 that 
would have been a prior impaired driving conviction if committed 
by an adult; and 
    (2) "prior license revocation" means a driver's license 
suspension, revocation, or cancellation under this section; 
section 169.123; 171.04; 171.14; 171.16; 171.17; or 171.18 
because of an alcohol-related incident; 609.21, subdivision 1, 
clauses (2) to (4); 609.21, subdivision 2, clauses (2) to (4); 
609.21, subdivision 2a, clauses (2) to (4); 609.21, subdivision 
3, clauses (2) to (4); or 609.21, subdivision 4, clauses (2) to 
(4). 
    (b) A person who violates subdivision 1 or 1a, or an 
ordinance in conformity with either of them, is guilty of a 
misdemeanor. 
    (c) A person is guilty of a gross misdemeanor under any of 
the following circumstances: 
    (1) the person violates subdivision 1 within five years of 
a prior impaired driving conviction, or within ten years of the 
first of two or more prior impaired driving convictions; 
    (2) the person violates subdivision 1a within five years of 
a prior license revocation, or within ten years of the first of 
two or more prior license revocations; or 
    (3) the person violates section 169.26 while in violation 
of subdivision 1; or 
    (4) the person violates subdivision 1 while a child under 
the age of 16 is in the vehicle, if the child is more than 36 
months younger than the violator. 
    (d) 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 prior impaired driving convictions from 
a court, the court must furnish the information without charge. 
    Sec. 6.  Minnesota Statutes 1992, section 169.121, 
subdivision 4, is amended to read: 
    Subd. 4.  [ADMINISTRATIVE PENALTIES.] (a) The commissioner 
of public safety shall revoke the driver's license of a person 
convicted of violating this section or an ordinance in 
conformity with it as follows:  
    (1) first offense under subdivision 1:  not less than 30 
days; 
    (2) first offense under subdivision 1a:  not less than 90 
days; 
    (3) second offense in less than five years, or third or 
subsequent offense on the record:  (i) if the current conviction 
is for a violation of subdivision 1, not less than 180 days and 
until the court has certified that treatment or rehabilitation 
has been successfully completed where prescribed in accordance 
with section 169.126; or (ii) if the current conviction is for a 
violation of subdivision 1a, not less than one year and until 
the court has certified that treatment or rehabilitation has 
been successfully completed where prescribed in accordance with 
section 169.126; 
    (4) third offense in less than five years:  not less than 
one year, together with denial under section 171.04, subdivision 
1, clause (8), until rehabilitation is established in accordance 
with standards established by the commissioner; 
    (5) fourth or subsequent offense on the record:  not less 
than two years, together with denial under section 171.04, 
subdivision 1, clause (8), until rehabilitation is established 
in accordance with standards established by the commissioner.  
    (b) If the person convicted of violating this section is 
under the age of 18 21 years, the commissioner of public safety 
shall revoke the offender's driver's license or operating 
privileges until the offender reaches the age of 18 years or for 
a period of six months or for the appropriate period of time 
under paragraph (a), clauses (1) to (5), for the offense 
committed, whichever is the greatest period.  
    (c) For purposes of this subdivision, a 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 an 
offense.  
    (d) Whenever department records show that the violation 
involved personal injury or death to any person, not less than 
90 additional days shall be added to the base periods provided 
above.  
    (e) Except for a person whose license has been revoked 
under paragraph (b), any person whose license has been revoked 
pursuant to section 169.123 as the result of the same incident, 
and who does not have a prior impaired driving conviction or 
prior license revocation as defined in subdivision 3 within the 
previous ten years, is subject to the mandatory revocation 
provisions of paragraph (a), clause (1) or (2), in lieu of the 
mandatory revocation provisions of section 169.123. 
    Sec. 7.  Minnesota Statutes 1992, section 169.121, 
subdivision 6, is amended to read: 
    Subd. 6.  [PRELIMINARY SCREENING TEST.] When a peace 
officer has reason to believe from the manner in which a person 
is driving, operating, controlling, or acting upon departure 
from a motor vehicle, or has driven, operated, or controlled a 
motor vehicle, that the driver may be violating or has violated 
subdivision 1 or section 169.1211, the officer may require the 
driver to provide a sample of the driver's breath for a 
preliminary screening test using a device approved by the 
commissioner of public safety for this purpose.  The results of 
this preliminary screening test shall be used for the purpose of 
deciding whether an arrest should be made and whether to require 
the tests authorized in section 169.123, but shall not be used 
in any court action except (1) to prove that a test was properly 
required of a person pursuant to section 169.123, subdivision 2; 
or (2) in a civil action arising out of the operation or use of 
the motor vehicle; (3) in an action for license reinstatement 
under section 171.19; or (4) in a prosecution or juvenile court 
proceeding concerning a violation of section 340A.503, 
subdivision 1, paragraph (a), clause (2).  Following the 
screening test additional tests may be required of the driver 
pursuant to the provisions of section 169.123. 
    The driver who refuses to furnish a sample of the driver's 
breath is subject to the provisions of section 169.123 unless, 
in compliance with section 169.123, the driver submits to a 
blood, breath or urine test to determine the presence of alcohol 
or a controlled substance.  
    Sec. 8.  Minnesota Statutes 1992, section 169.1217, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DEFINITIONS.] As used in this section, the 
following terms have the meanings given them: 
    (a) "Appropriate authority" means a law enforcement agency 
that has the authority to make an arrest for a violation of a 
designated offense. 
    (b) "Designated offense" includes a violation of section 
169.121, an ordinance in conformity with it, or 169.129: 
    (1) within five years of three prior driving under the 
influence convictions or three prior license revocations based 
on separate incidents; 
    (2) within 15 years of the first of four or more prior 
driving under the influence convictions or the first of four or 
more prior license revocations based on separate incidents; 
    (3) by a person whose driver's license or driving 
privileges have been canceled under section 171.04, subdivision 
1, clause (8); or 
    (4) by a person who is subject to a restriction on the 
person's driver's license under section 171.09 which provides 
that the person may not use or consume any amount of alcohol or 
a controlled substance. 
    "Designated offense" also includes a violation of section 
169.121, subdivision 3, paragraph (c), clause (4): 
    (1) within five years of two prior driving under the 
influence convictions or two prior license revocations based on 
separate incidents; or 
    (2) within 15 years of the first of three or more prior 
driving under the influence convictions or the first of three or 
more prior license revocations based on separate incidents. 
    (c) "Motor vehicle" and "vehicle" have the meaning given 
"motor vehicle" in section 169.121, subdivision 11.  The terms 
do not include a vehicle which is stolen or taken in violation 
of the law. 
    (d) "Owner" means the registered owner of the motor vehicle 
according to records of the department of public safety and 
includes a lessee of a motor vehicle if the lease agreement has 
a term of 180 days or more. 
    (e) "Prior driving under the influence conviction" means a 
prior conviction under section 169.121; 169.129; or 609.21, 
subdivision 1, clauses (2) to (4); 2, clauses (2) to (4); 2a, 
clauses (2) to (4); 3, clauses (2) to (4); or 4, clauses (2) to 
(4); or an ordinance from this state, or a statute or ordinance 
from another state in conformity with any of them.  A prior 
driving under the influence conviction also includes a prior 
juvenile adjudication that would have been a prior driving under 
the influence conviction if committed by an adult. 
    (f) "Prior license revocation" has the meaning given it in 
section 169.121, subdivision 3. 
    (g) "Prosecuting authority" means the attorney in the 
jurisdiction in which the designated offense occurred who is 
responsible for prosecuting violations of a designated offense. 
    Sec. 9.  Minnesota Statutes 1992, section 169.1217, 
subdivision 9, is amended to read: 
    Subd. 9.  [DISPOSITION OF FORFEITED VEHICLES.] (a) If the 
court finds under subdivision 8 that the vehicle is subject to 
forfeiture, it shall order the appropriate agency to: 
    (1) sell the vehicle and distribute the proceeds under 
paragraph (b); or 
    (2) keep the vehicle for official use. 
    (b) The proceeds from the sale of forfeited vehicles, after 
payment of seizure, storage, forfeiture, and sale expenses, and 
satisfaction of valid liens against the property, must be 
forwarded to the treasury of the political subdivision that 
employs the appropriate agency responsible for the forfeiture 
for use in DWI-related enforcement, training and education.  If 
the appropriate agency is an agency of state government, the net 
proceeds must be forwarded to the agency for use in DWI-related 
enforcement, training, and education until June 30, 1994, and 
thereafter to the state treasury and credited to the general 
fund. 
    Sec. 10.  Minnesota Statutes 1992, section 169.123, 
subdivision 2, is amended to read: 
    Subd. 2.  [IMPLIED CONSENT; CONDITIONS; ELECTION OF TEST.] 
(a) Any person who drives, operates, or is in physical control 
of a motor vehicle within this state or upon the ice of any 
boundary water of this state consents, subject to the provisions 
of this section and section sections 169.121 and 169.1211, to a 
chemical test of that person's blood, breath, or urine for the 
purpose of determining the presence of alcohol or a controlled 
substance.  The test shall be administered at the direction of a 
peace officer.  The test may be required of a person when an 
officer has probable cause to believe the person was driving, 
operating, or in physical control of a motor vehicle in 
violation of section 169.121 and one of the following conditions 
exist: 
    (1) the person has been lawfully placed under arrest for 
violation of section 169.121, or an ordinance in conformity with 
it; 
    (2) the person has been involved in a motor vehicle 
accident or collision resulting in property damage, personal 
injury, or death; 
    (3) the person has refused to take the screening test 
provided for by section 169.121, subdivision 6; or 
    (4) the screening test was administered and indicated an 
alcohol concentration of 0.10 or more.  
    The test may also be required of a person when an officer 
has probable cause to believe the person was driving, operating, 
or in physical control of a commercial motor vehicle with the 
presence of any alcohol. 
    (b) At the time a test is requested, the person shall be 
informed: 
    (1) that Minnesota law requires the person to take a test 
to determine if the person is under the influence of alcohol or 
a controlled substance or, if the motor vehicle was a commercial 
motor vehicle, that Minnesota law requires the person to take a 
test to determine the presence of alcohol; 
    (2) that refusal to take a test is a crime; 
    (3) if the peace officer has probable cause to believe the 
person has violated the criminal vehicular homicide and injury 
laws, that a test will be taken with or without the person's 
consent; and 
    (4) that the person has the right to consult with an 
attorney, but that this right is limited to the extent that it 
cannot unreasonably delay administration of the test. 
    (c) The peace officer who requires a test pursuant to this 
subdivision may direct whether the test shall be of blood, 
breath, or urine.  Action may be taken against a person who 
refuses to take a blood test only if an alternative test was 
offered and action may be taken against a person who refuses to 
take a urine test only if an alternative test was offered. 
    Sec. 11.  Minnesota Statutes 1992, section 169.123, 
subdivision 4, is amended to read: 
    Subd. 4.  [REFUSAL; REVOCATION OF LICENSE.] If a person 
refuses to permit a test, none shall be given, but the peace 
officer shall report the refusal to the commissioner of public 
safety and the authority having responsibility for prosecution 
of misdemeanor offenses for the jurisdiction in which the acts 
occurred.  However, if a peace officer has probable cause to 
believe that the person has violated section 609.21, a test may 
be required and obtained despite the person's refusal.  A 
refusal to submit to an alcohol concentration test does not 
constitute a violation of section 609.50, unless the refusal was 
accompanied by force or violence or the threat of force or 
violence.  If a person submits to a test and the test results 
indicate an alcohol concentration of 0.10 or more, or if a 
person was driving, operating, or in physical control of a 
commercial motor vehicle and the test results indicate an 
alcohol concentration of 0.04 or more, the results of the test 
shall be reported to the commissioner of public safety and to 
the authority having responsibility for prosecution of 
misdemeanor offenses for the jurisdiction in which the acts 
occurred. 
    Upon certification by the peace officer that there existed 
probable cause to believe the person had been driving, 
operating, or in physical control of a motor vehicle while under 
the influence of alcohol or a controlled substance and that the 
person refused to submit to a test, the commissioner of public 
safety shall revoke the person's license or permit to drive, or 
nonresident operating privilege, for a period of one year even 
if a test was obtained pursuant to this section after the person 
refused to submit to testing.  Upon certification by the peace 
officer that there existed probable cause to believe the person 
had been driving, operating, or in physical control of a 
commercial motor vehicle with the presence of any alcohol and 
that the person refused to submit to a test, the commissioner 
shall disqualify the person from operating a commercial motor 
vehicle for a period of one year under section 171.165 and shall 
revoke the person's license or permit to drive or nonresident 
operating privilege for a period of one year.  If the person 
refusing to submit to testing is under the age of 18 years, the 
commissioner shall revoke the person's license or permit to 
drive, or nonresident operating privilege, for a period of one 
year or until the person reaches the age of 18 years, whichever 
is greater.  Upon certification by the peace officer that there 
existed probable cause to believe the person had been driving, 
operating or in physical control of a motor vehicle while under 
the influence of alcohol or a controlled substance and that the 
person submitted to a test and the test results indicate an 
alcohol concentration of 0.10 or more, the commissioner of 
public safety shall revoke the person's license or permit to 
drive, or nonresident operating privilege, for:  (1) a period of 
90 days; or (2) if the person is under the age of 18 21 years, 
for a period of six months or until the person reaches the age 
of 18 years, whichever is greater; or (3) if the person's 
driver's license or driving privileges have been revoked within 
the past five years under this section or section 169.121, for a 
period of 180 days.  On certification by the peace officer that 
there existed probable cause to believe the person had been 
driving, operating, or in physical control of a commercial motor 
vehicle with any presence of alcohol and that the person 
submitted to a test and the test results indicated an alcohol 
concentration of 0.04 or more, the commissioner of public safety 
shall disqualify the person from operating a commercial motor 
vehicle under section 171.165.  
    If the person is a resident without a license or permit to 
operate a motor vehicle in this state, the commissioner of 
public safety shall deny to the person the issuance of a license 
or permit for the same period after the date of the alleged 
violation as provided herein for revocation, subject to review 
as hereinafter provided. 
    Sec. 12.  Minnesota Statutes 1992, section 169.129, is 
amended to read: 
    169.129 [AGGRAVATED VIOLATIONS; PENALTY.] 
    Any person is guilty of a gross misdemeanor who drives, 
operates, or is in physical control of a motor vehicle, the 
operation of which requires a driver's license, within this 
state or upon the ice of any boundary water of this state in 
violation of section 169.121 or an ordinance in conformity with 
it before the person's driver's license or driver's privilege 
has been reinstated following its cancellation, suspension, 
revocation, or denial under any of the following:  section 
169.121, 169.1211, or 169.123; section 171.04, 171.14, 171.16, 
171.17, or 171.18 because of an alcohol-related incident; 
section 609.21, subdivision 1, clauses (2) to (4); 609.21, 
subdivision 2, clauses (2) to (4); 609.21, subdivision 2a, 
clauses (2) to (4); 609.21, subdivision 3, clauses (2) to (4); 
or 609.21, subdivision 4, clauses (2) to (4).  
    Sec. 13.  Minnesota Statutes 1992, section 171.13, 
subdivision 1b, is amended to read: 
    Subd. 1b.  [DRIVER'S MANUAL; ALCOHOL CONSUMPTION.] The 
commissioner shall include in each edition of the driver's 
manual published by the department a chapter relating to the 
effect of alcohol consumption on highway safety and on the 
ability of drivers to safely operate motor vehicles and a 
summary of the laws of Minnesota on operating a motor vehicle 
while under the influence of alcohol or a controlled substance. 
This chapter shall also include information on the dangers of 
driving at alcohol concentration levels below the legal limit 
for alcohol concentration, and specifically state that: 
    (1) there is no "safe" level or amount of alcohol that an 
individual can assume will not impair one's driving performance 
or increase the risk of a crash; 
    (2) a driver may be convicted of driving while impaired 
whether or not the driver's alcohol concentration exceeds the 
legal limit for alcohol concentration; and 
    (3) a person under the legal drinking age may be convicted 
of illegally consuming alcohol if found to have consumed any 
amount of alcohol. 
    Sec. 14.  [171.172] [DRIVER'S LICENSE REVOCATION; PERSONS 
CONVICTED OF OR ADJUDICATED FOR CERTAIN CONTROLLED SUBSTANCE 
OFFENSES.] 
    The commissioner of public safety shall revoke the driver's 
license of any person convicted of or any juvenile adjudicated 
for a controlled substance offense if the court has notified the 
commissioner of a determination made under section 152.0271 or 
260.185, subdivision 1.  The period of revocation shall be for 
the applicable time period specified in section 152.0271.  If 
the person does not have a driver's license or if the person's 
driver's license is suspended or revoked at the time of the 
conviction or adjudication, the commissioner shall, upon the 
person's application for driver's license issuance or 
reinstatement, delay the issuance or reinstatement of the 
person's driver's license for the applicable time period 
specified in section 152.0271. 
    Sec. 15.  [171.173] [DRIVER'S LICENSE SUSPENSION; PERSONS 
CONVICTED OF OR ADJUDICATED FOR CERTAIN UNDERAGE DRINKING 
OFFENSES.] 
    The commissioner of public safety shall suspend the 
driver's license of any person convicted of or any juvenile 
adjudicated for an offense under section 340A.503, subdivision 
1, paragraph (a), clause (2), if the court has notified the 
commissioner of a determination made under section 340A.503, 
subdivision 1, paragraph (c).  The period of suspension shall be 
for the applicable period specified in that paragraph.  If the 
person does not have a driver's license or if the person's 
driver's license is suspended or revoked at the time of the 
conviction or adjudication, the commissioner shall, upon the 
person's application for driver's license issuance or 
reinstatement, delay the issuance or reinstatement of the 
person's driver's license for the applicable time period 
specified in section 340A.503, subdivision 1, paragraph (c).  
Upon receipt of the court's order, the commissioner is 
authorized to take the licensing action without a hearing. 
    Sec. 16.  Minnesota Statutes 1992, section 171.24, is 
amended to read: 
    171.24 [VIOLATIONS; DRIVING WITHOUT VALID LICENSE.] 
    (a) Except as otherwise provided in paragraph (c), any 
person whose driver's license or driving privilege has been 
canceled, suspended, or revoked and who has been given notice 
of, or reasonably should know of the revocation, suspension, or 
cancellation, and who disobeys such order by operating anywhere 
in this state any motor vehicle, the operation of which requires 
a driver's license, while such license or privilege is canceled, 
suspended, or revoked is guilty of a misdemeanor. 
    (b) Any person who has been disqualified from holding a 
commercial driver's license or been denied the privilege to 
operate a commercial motor vehicle, who has been given notice of 
or reasonably should know of the disqualification, and who 
disobeys the order by operating in this state a commercial motor 
vehicle while the person is disqualified to hold the license or 
privilege, is guilty of a misdemeanor. 
    (c) A person is guilty of a gross misdemeanor if: 
    (1) the person's driver's license or driving privileges has 
been canceled under section 171.04, subdivision 1, clause (8), 
and the person has been given notice of or reasonably should 
know of the cancellation; and 
    (2) the person disobeys the order by operating in this 
state any motor vehicle, the operation of which requires a 
driver's license, while the person's license or privilege is 
canceled. 
    Notice of revocation, suspension, cancellation, or 
disqualification is sufficient if personally served, or if 
mailed by first class mail to the person's last known address or 
to the address listed on the person's driver's license.  Notice 
is also sufficient if the person was informed that revocation, 
suspension, cancellation, or disqualification would be imposed 
upon a condition occurring or failing to occur, and where the 
condition has in fact occurred or failed to occur.  It is not a 
defense that a person failed to file a change of address with 
the post office, or failed to notify the department of public 
safety of a change of name or address as required under section 
171.11.  
    Sec. 17.  Minnesota Statutes 1992, section 171.30, 
subdivision 1, is amended to read: 
    Subdivision 1.  [CONDITIONS OF ISSUANCE.] In any case where 
a person's license has been suspended under section 171.18 or 
171.173, or revoked under section 169.121, 169.123, 169.792, 
169.797, or 171.17, or 171.172, the commissioner may issue a 
limited license to the driver including under the following 
conditions:  
    (1) if the driver's livelihood or attendance at a chemical 
dependency treatment or counseling program depends upon the use 
of the driver's license; 
    (2) if the use of a driver's license by a homemaker is 
necessary to prevent the substantial disruption of the 
education, medical, or nutritional needs of the family of the 
homemaker; or 
    (3) if attendance at a post-secondary institution of 
education by an enrolled student of that institution depends 
upon the use of the driver's license.  
    The commissioner in issuing a limited license may impose 
such conditions and limitations as in the commissioner's 
judgment are necessary to the interests of the public safety and 
welfare including reexamination as to the driver's 
qualifications.  The license may be limited to the operation of 
particular vehicles, to particular classes and times of 
operation and to particular conditions of traffic.  The 
commissioner may require that an applicant for a limited license 
affirmatively demonstrate that use of public transportation or 
carpooling as an alternative to a limited license would be a 
significant hardship.  
     For purposes of this subdivision, "homemaker" refers to the 
person primarily performing the domestic tasks in a household of 
residents consisting of at least the person and the person's 
dependent child or other dependents. 
     The limited license issued by the commissioner shall 
clearly indicate the limitations imposed and the driver 
operating under the limited license shall have the license in 
possession at all times when operating as a driver. 
     In determining whether to issue a limited license, the 
commissioner shall consider the number and the seriousness of 
prior convictions and the entire driving record of the driver 
and shall consider the number of miles driven by the driver 
annually. 
     If the person's driver's license or permit to drive has 
been revoked under section 169.792 or 169.797, the commissioner 
may only issue a limited license to the person after the person 
has presented an insurance identification card, policy, or 
written statement indicating that the driver or owner has 
insurance coverage satisfactory to the commissioner of public 
safety.  The commissioner of public safety may require the 
insurance identification card provided to satisfy this 
subdivision be certified by the insurance company to be 
noncancelable for a period not to exceed 12 months. 
    Sec. 18.  Minnesota Statutes 1992, section 171.30, 
subdivision 2a, is amended to read: 
    Subd. 2a.  [OTHER WAITING PERIODS.] Notwithstanding 
subdivision 2, a limited license shall not be issued for a 
period of: 
    (1) 15 days, to a person whose license or privilege has 
been revoked or suspended for a violation of section 169.121 or 
169.123; 
    (2) 90 days, to a person who submitted to testing under 
section 169.123 if the person's license or privilege has been 
revoked or suspended for a second or subsequent violation of 
section 169.121 or 169.123; 
    (3) 180 days, to a person who refused testing under section 
169.123 if the person's license or privilege has been revoked or 
suspended for a second or subsequent violation of section 
169.121 or 169.123; or 
    (4) one year, to a person 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. 19.  Minnesota Statutes 1992, section 171.305, 
subdivision 2, is amended to read: 
    Subd. 2.  [PILOT PROGRAM.] The commissioner shall establish 
a 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.  The commissioner 
shall conduct the program until December 31, 1995.  The 
commissioner shall evaluate the program and shall report to the 
legislature by February 1, 1994 1995, 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, 1993 1995. 
    Sec. 20.  Minnesota Statutes 1992, section 260.185, 
subdivision 1, is amended to read: 
    Subdivision 1.  If the court finds that the child is 
delinquent, it shall enter an order making any of the following 
dispositions of the case which are deemed necessary to the 
rehabilitation of the child: 
    (a) Counsel the child or the parents, guardian, or 
custodian; 
    (b) Place the child under the supervision of a probation 
officer or other suitable person in the child's own home under 
conditions prescribed by the court including reasonable rules 
for the child's conduct and the conduct of the child's parents, 
guardian, or custodian, designed for the physical, mental, and 
moral well-being and behavior of the child, or with the consent 
of the commissioner of corrections, in a group foster care 
facility which is under the management and supervision of said 
commissioner; 
    (c) Subject to the supervision of the court, transfer legal 
custody of the child to one of the following: 
    (1) a child placing agency; or 
    (2) the county welfare board; or 
    (3) a reputable individual of good moral character.  No 
person may receive custody of two or more unrelated children 
unless licensed as a residential facility pursuant to sections 
245A.01 to 245A.16; or 
       (4) a county home school, if the county maintains a home 
school or enters into an agreement with a county home school; or 
       (5) a county probation officer for placement in a group 
foster home established under the direction of the juvenile 
court and licensed pursuant to section 241.021; 
       (d) Transfer legal custody by commitment to the 
commissioner of corrections; 
       (e) If the child is found to have violated a state or local 
law or ordinance which has resulted in damage to the person or 
property of another, the court may order the child to make 
reasonable restitution for such damage; 
       (f) Require the child to pay a fine of up to $700; the 
court shall order payment of the fine in accordance with a time 
payment schedule which shall not impose an undue financial 
hardship on the child; 
       (g) If the child is in need of special treatment and care 
for reasons of physical or mental health, the court may order 
the child's parent, guardian, or custodian to provide it.  If 
the parent, guardian, or custodian fails to provide this 
treatment or care, the court may order it provided; 
       (h) If the court believes that it is in the best interests 
of the child and of public safety that the driver's license of 
the child be canceled until the child's 18th birthday, the court 
may recommend to the commissioner of public safety the 
cancellation of the child's license for any period up to the 
child's 18th birthday, and the commissioner is hereby authorized 
to cancel such license without a hearing.  At any time before 
the termination of the period of cancellation, the court may, 
for good cause, recommend to the commissioner of public safety 
that the child be authorized to apply for a new license, and the 
commissioner may so authorize. 
    If the child is petitioned and found by the court to have 
committed a controlled substance offense under sections 152.021 
to 152.027, the court shall determine whether the child 
unlawfully possessed or sold the controlled substance while 
driving a motor vehicle.  If so, the court shall notify the 
commissioner of public safety of its determination and order the 
commissioner to revoke the child's driver's license for the 
applicable time period specified in section 152.0271.  If the 
child does not have a driver's license or if the child's 
driver's license is suspended or revoked at the time of the 
delinquency finding, the commissioner shall, upon the child's 
application for driver's license issuance or reinstatement, 
delay the issuance or reinstatement of the child's driver's 
license for the applicable time period specified in section 
152.0271.  Upon receipt of the court's order, the commissioner 
is authorized to take the licensing action without a hearing. 
     If the child is petitioned and found by the court to have 
committed or attempted to commit an act in violation of section 
609.342; 609.343; 609.344; 609.345; 609.3451; 609.746, 
subdivision 1; 609.79; or 617.23, or another offense arising out 
of a delinquency petition based on one or more of those 
sections, the court shall order an independent professional 
assessment of the child's need for sex offender treatment.  An 
assessor providing an assessment for the court may not have any 
direct or shared financial interest or referral relationship 
resulting in shared financial gain with a treatment provider.  
If the assessment indicates that the child is in need of and 
amenable to sex offender treatment, the court shall include in 
its disposition order a requirement that the child undergo 
treatment.  Notwithstanding section 13.42, 13.85, 144.335, 
260.161, or 626.556, the assessor has access to the following 
private or confidential data on the child if access is relevant 
and necessary for the assessment: 
     (1) medical data under section 13.42; 
     (2) corrections and detention data under section 13.85; 
     (3) health records under section 144.335; 
     (4) juvenile court records under section 260.161; and 
     (5) local welfare agency records under section 626.556. 
     Data disclosed under this paragraph may be used only for 
purposes of the assessment and may not be further disclosed to 
any other person, except as authorized by law. 
    If the child is found delinquent due to the commission of 
an offense that would be a felony if committed by an adult, the 
court shall make a specific finding on the record regarding the 
juvenile's mental health and chemical dependency treatment needs.
    Any order for a disposition authorized under this section 
shall contain written findings of fact to support the 
disposition ordered, and shall also set forth in writing the 
following information: 
    (a) why the best interests of the child are served by the 
disposition ordered; and 
    (b) what alternative dispositions were considered by the 
court and why such dispositions were not appropriate in the 
instant case. 
    Sec. 21.  Minnesota Statutes 1992, section 340A.503, 
subdivision 1, is amended to read: 
    Subdivision 1.  [CONSUMPTION.] (a) It is unlawful for any: 
    (1) retail intoxicating liquor or nonintoxicating liquor 
licensee, municipal liquor store, or bottle club permit holder 
under section 340A.414, to permit any person under the age of 21 
years to consume alcoholic beverages on the licensed premises or 
within the municipal liquor store; or 
    (2) person under the age of 21 years to consume any 
alcoholic beverages.  As used in this clause, "consume" includes 
the ingestion of an alcoholic beverage and the physical 
condition of having ingested an alcoholic beverage.  If proven 
by a preponderance of the evidence, it is an affirmative defense 
to a violation of this clause that the defendant consumed the 
alcoholic beverage in the household of the defendant's parent or 
guardian and with the consent of the parent or guardian.  
    (b) An offense under paragraph (a), clause (2), may be 
prosecuted either at the place where consumption occurs or the 
place where evidence of consumption is observed. 
    (c) When a person is convicted of or adjudicated for an 
offense under paragraph (a), clause (2), the court shall 
determine whether the person committed the offense while 
operating a motor vehicle.  If so, the court shall notify the 
commissioner of public safety of its determination.  Upon 
receipt of the court's determination, the commissioner shall 
suspend the person's driver's license or operating privileges 
for 30 days, or for 180 days if the person has previously been 
convicted of or adjudicated for an offense under paragraph (a), 
clause (2). 
    Sec. 22.  Minnesota Statutes 1992, section 340A.802, 
subdivision 2, is amended to read: 
    Subd. 2.  [LIMITATIONS; CONTENT.] In the case of a claim 
for damages, the notice must be served by the claimant's 
attorney within 120 240 days of the date of entering an 
attorney-client relationship with the person in regard to the 
claim.  In the case of claims for contribution or indemnity, the 
notice must be served within 120 days after the injury occurs or 
within 60 days after receiving written notice of a claim for 
contribution or indemnity, whichever is applicable.  No action 
for damage or for contribution or indemnity may be maintained 
unless the notice has been given.  If requested to do so, a 
municipality or licensee receiving a notice shall promptly 
furnish claimant's attorney the names and addresses of other 
municipalities or licensees who sold or bartered liquor to the 
person identified in the notice, if known.  Actual notice of 
sufficient facts reasonably to put the licensee or governing 
body of the municipality on notice of a possible claim complies 
with the notice requirement. 
    No action may be maintained under section 340A.801 unless 
commenced within two years after the injury. 
    Sec. 23.  [EFFECTIVE DATES.] 
    Sections 1 to 8, 10 to 14, 16, and 20 are effective August 
1, 1993, and apply to crimes committed on or after that date.  
Sections 15, 17, and 21 are effective June 1, 1993, and apply to 
crimes committed on or after that date.  Section 22 is effective 
August 1, 1993, and applies to causes of action arising on or 
after that date.  Section 18 is effective January 1, 1994, and 
applies to violations committed on or after that date.  Section 
19 is effective the day following final enactment.  Section 9 
applies to vehicles subject to forfeiture due to crimes 
committed after June 30, 1993, and before July 1, 1994. 
    Presented to the governor May 20, 1993 
    Signed by the governor May 24, 1993, 5:46 p.m.