Skip to main content Skip to office menu Skip to footer
Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 615-S.F.No. 1961 
                  An act relating to driving while intoxicated; imposing 
                  increased penalties on persons who operate a 
                  snowmobile or motorboat while intoxicated and who have 
                  previously been convicted of driving a motor vehicle 
                  while intoxicated; requiring reports of accidents and 
                  deaths related to recreational motor vehicles and 
                  watercraft; modifying provisions relating to forfeited 
                  vehicles; imposing minimum mandatory sentences for 
                  habitual offenders; clarifying conditions under which 
                  juvenile's driver's license may be suspended for 
                  underage drinking violations; changing sentencing 
                  guidelines; extending maximum length for multiple 
                  gross misdemeanor sentences and combined gross 
                  misdemeanor and misdemeanor sentences; extending 
                  maximum length of a stayed gross misdemeanor DWI 
                  sentence and certain felony sentences; authorizing 
                  consecutive sentences for multiple crimes committed by 
                  repeat DWI offenders; authorizing certain cities to 
                  transfer responsibility for petty misdemeanor and 
                  misdemeanor offenses to the county attorney; 
                  clarifying prosecution authority for certain offenses; 
                  amending Minnesota Statutes 1992, sections 84.91, 
                  subdivisions 5 and 7; 84.911, by adding a subdivision; 
                  86B.331, subdivisions 5 and 7; 86B.335, by adding a 
                  subdivision; 86B.341, subdivision 1; 168.042, 
                  subdivision 8; 169.121, subdivision 11; 169.791, 
                  subdivision 2; 171.12, subdivision 2; and 629.471, 
                  subdivision 2; Minnesota Statutes 1993 Supplement, 
                  sections 84.924, subdivision 3; 169.121, subdivisions 
                  1c, 3, 3a, and 4; 169.1217, subdivision 9; 169.129; 
                  171.24; 340A.503, subdivision 1; 487.25, subdivision 
                  10; 609.035; 609.135, subdivision 2; and 609.15, 
                  subdivision 2; proposing coding for new law in 
                  Minnesota Statutes, chapter 169; repealing Minnesota 
                  Statutes 1992, sections 84.87, subdivision 2b; and 
                  84.928, subdivision 3. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1992, section 84.91, 
        subdivision 5, is amended to read: 
           Subd. 5.  [PENALTIES.] (a) A person who violates any 
        prohibition contained in subdivision 1, or an ordinance in 
        conformity with it, is guilty of a misdemeanor.  
           (b) A person is guilty of a gross misdemeanor who violates 
        any prohibition contained in subdivision 1: 
           (1) within five years of a prior: 
           (i) conviction under that subdivision or subdivision 1, 
        sections 86B.331, subdivision 1, 169.121, 169.129, or 609.21, 
        subdivisions 1, clauses (2) to (4), 2, clauses (2) to (4), 3, 
        clauses (2) to (4), or 4, clauses (2) to (4); 
           (ii) civil liability under section 84.911, subdivision 2, 
        or section 86B.335, subdivision 2; or 
           (iii) conviction under an ordinance of this state or a 
        statute or ordinance from another state in conformity with 
        either any of them,; or 
           (2) within ten years of the first of two or more prior: 
           (i) convictions under that subdivision or subdivision 1, 
        sections 86B.331, subdivision 1, 169.121, 169.129, or 609.21, 
        subdivision 1, clauses (2) to (4), 2, clauses (2) to (4), 3, 
        clauses (2) to (4), or 4, clauses (2) to (4); 
           (ii) civil liability liabilities under section 84.911, 
        subdivision 2, or an ordinance section 86B.335, subdivision 2; 
           (iii) convictions of ordinances in conformity with either 
        any of them, is guilty of a gross misdemeanor; or 
           (iv) convictions or liabilities under any combination of 
        items (i) to (iii). 
           (c) The attorney in the jurisdiction where the violation 
        occurred who is responsible for prosecuting misdemeanor 
        violations of this section is also responsible for prosecuting 
        gross misdemeanor violations of this section.  When an attorney 
        responsible for prosecuting gross misdemeanors under this 
        section requests criminal history information relating to prior 
        convictions from a court, the court must furnish the information 
        without charge. 
           (d) A person who operates a snowmobile or all-terrain 
        vehicle during the period the person is prohibited from 
        operating the vehicle under subdivision 6 is guilty of a 
        misdemeanor.  
           Sec. 2.  Minnesota Statutes 1992, section 84.91, 
        subdivision 7, is amended to read: 
           Subd. 7.  [DUTIES OF COMMISSIONER.] The court shall 
        promptly forward to the commissioner and the department of 
        public safety copies of all convictions and criminal and civil 
        penalties imposed under subdivision 5 and section 84.911, 
        subdivision 2.  The commissioner shall notify the convicted 
        person of the period during which the person is prohibited from 
        operating a snowmobile or all-terrain vehicle under subdivision 
        6 or section 84.911, subdivision 2.  The commissioner shall also 
        periodically circulate to appropriate law enforcement agencies a 
        list of all persons who are prohibited from operating a 
        snowmobile or all-terrain vehicle under subdivision 6 or section 
        84.911, subdivision 2. 
           Sec. 3.  Minnesota Statutes 1992, section 84.911, is 
        amended by adding a subdivision to read: 
           Subd. 7.  [CORONER TO REPORT DEATH.] Every coroner or 
        medical examiner shall report in writing to the department of 
        natural resources the death of any person within the coroner's 
        jurisdiction as the result of an accident involving a 
        recreational motor vehicle, as defined in section 84.90, 
        subdivision 1, and the circumstances of the accident.  The 
        report shall be made within 15 days after the death. 
           In the case of drivers killed in recreational motor vehicle 
        accidents and of the death of passengers 14 years of age or 
        older, who die within four hours after accident, the coroner or 
        medical examiner shall examine the body and shall make tests as 
        are necessary to determine the presence and percentage 
        concentration of alcohol, and drugs if feasible, in the blood of 
        the victim.  This information shall be included in each report 
        submitted pursuant to the provisions of this subdivision and 
        shall be tabulated by the department of natural resources.  
        Periodically, the commissioner of natural resources must 
        transmit a summary of the reports to the commissioner of public 
        safety.  
           Sec. 4.  Minnesota Statutes 1993 Supplement, section 
        84.924, subdivision 3, is amended to read: 
           Subd. 3.  [ACCIDENT REPORT; REQUIREMENT AND FORM.] The 
        operator and an officer investigating an accident of an 
        all-terrain vehicle involved in an accident resulting in injury 
        requiring medical attention or hospitalization to or death of a 
        person or total damage to an extent of $500 or more shall within 
        ten business days forward a written report of the accident to 
        the commissioner of natural resources on a form prescribed by 
        either the commissioner of natural resources or by the 
        commissioner of public safety.  If the operator is killed or is 
        unable to file a report due to incapacitation, any peace officer 
        investigating the accident shall file the accident report within 
        ten business days.  Periodically, the commissioner of natural 
        resources must transmit a summary of the accident reports to the 
        commissioner of public safety. 
           Sec. 5.  Minnesota Statutes 1992, section 86B.331, 
        subdivision 5, is amended to read: 
           Subd. 5.  [PENALTIES.] (a) A person who violates a 
        prohibition contained in subdivision 1, or an ordinance in 
        conformity with it, is guilty of a misdemeanor. 
           (b) A person is guilty of a gross misdemeanor who violates 
        a prohibition contained in subdivision 1:  
           (1) within five years of a prior: 
           (i) conviction under that subdivision or subdivision 1, 
        sections 84.91, subdivision 1, 169.121, 169.129, or 609.21, 
        subdivision 1, clauses (2) to (4), 2, clauses (2) to (4), 3, 
        clauses (2) to (4), or 4, clauses (2) to (4); 
           (ii) civil liability under section 84.911, subdivision 2, 
        or 86B.335, subdivision 2,; or 
           (iii) conviction under an ordinance of this state or a 
        statute or ordinance from another state in conformity with 
        either any of them,; or 
           (2) within ten years of the first of two or more prior: 
           (i) convictions under that subdivision or subdivision 1, 
        sections 84.91, subdivision 1, 169.121, 169.129, or 609.21, 
        subdivisions 1, clauses (2) to (4), 2, clauses (2) to (4), 3, 
        clauses (2) to (4), or 4, clauses (2) to (4); 
           (ii) civil liability liabilities under section 84.911, 
        subdivision 2, or 86B.335, subdivision 2, or an ordinance; 
           (iii) convictions of ordinances in conformity with either 
        any of them, is guilty of a gross misdemeanor; or 
           (iv) convictions or liabilities under any combination of 
        items (i) to (iii).  
           (c) The attorney in the jurisdiction where the violation 
        occurred who is responsible for prosecution of misdemeanor 
        violations of this section is also 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 convictions from a court, the court must furnish the 
        information without charge. 
           (d) A person who operates a motorboat on the waters of this 
        state during the period the person is prohibited from operating 
        any motorboat or after the person's watercraft operator's permit 
        has been revoked, as provided under subdivision 6, is guilty of 
        a misdemeanor.  
           Sec. 6.  Minnesota Statutes 1992, section 86B.331, 
        subdivision 7, is amended to read: 
           Subd. 7.  [DUTIES OF COMMISSIONER.] The court shall 
        promptly forward copies of all convictions and criminal and 
        civil penalties imposed under subdivision 5 and section 86B.335, 
        subdivision 2, to the commissioner and the department of public 
        safety.  The commissioner shall notify the convicted person of 
        the period when the person is prohibited from operating a 
        motorboat as provided under subdivision 6 or section 86B.335, 
        subdivision 2.  The commissioner shall also periodically 
        circulate to appropriate law enforcement agencies a list of all 
        persons who are prohibited from operating any motorboat or have 
        had their watercraft operator's permits revoked pursuant to 
        subdivision 6 or section 86B.335, subdivision 2.  
           Sec. 7.  Minnesota Statutes 1992, section 86B.335, is 
        amended by adding a subdivision to read: 
           Subd. 13.  [CORONER TO REPORT DEATH.] Every coroner or 
        medical examiner shall report in writing to the department of 
        natural resources the death of any person within the coroner's 
        jurisdiction as the result of an accident involving any 
        watercraft or drowning and the circumstances of the accident.  
        The report shall be made within 15 days after the death or 
        recovery. 
           In the case of operators killed in watercraft accidents, or 
        the death of passengers or drowning victims 14 years of age or 
        older, who die within four hours after accident, the coroner or 
        medical examiner shall examine the body and shall make tests as 
        are necessary to determine the presence and percentage 
        concentration of alcohol, and drugs if feasible, in the blood of 
        the victim.  This information shall be included in each report 
        submitted pursuant to the provisions of this subdivision and 
        shall be tabulated by the department of natural resources.  
        Periodically, the commissioner of natural resources must 
        transmit a summary of the reports to the commissioner of public 
        safety.  
           Sec. 8.  Minnesota Statutes 1992, section 86B.341, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [OPERATOR'S DUTY AT ACCIDENT OR INCIDENT.] 
        (a) The operator of a watercraft involved in an accident or 
        incident resulting in injury or death to a person or in damage 
        to property shall, if possible without serious danger to the 
        watercraft or the persons aboard, immediately stop at the scene 
        of the accident or incident and render assistance as may be 
        practicable and necessary.  
           (b) The operator must give the operator's name, address, 
        and license number of the watercraft and the name and address of 
        the owner of the watercraft to the person injured or the 
        operator or occupants of the other watercraft or owner or 
        occupant of the property involved.  The operator must promptly 
        report the accident or incident to the sheriff of the county 
        where the accident or incident occurred.  Sheriffs are required 
        to report all accidents and incidents to the commissioner of 
        natural resources, who shall must periodically transmit a 
        summary of the reports to the commissioner of public safety, and 
        transmit statistics on boating accidents and incidents to the 
        United States Coast Guard.  
           Sec. 9.  Minnesota Statutes 1992, section 168.042, 
        subdivision 8, is amended to read: 
           Subd. 8.  [REISSUANCE OF REGISTRATION PLATES.] (a) The 
        commissioner shall rescind the impoundment order if a person 
        subject to an impoundment order under this section, other than 
        the violator, files with the commissioner an acceptable sworn 
        statement that the person containing the following information: 
           (1) that the person is the registered owner of the vehicle 
        from which the plates have been impounded under this section; 
           (2) that the person is the current owner and possessor of 
        the vehicle used in the violation; 
           (3) the date on which the violator obtained the vehicle 
        from the registered owner; 
           (4) the residence addresses of the registered owner and the 
        violator on the date the violator obtained the vehicle from the 
        registered owner; 
           (5) that the person was not a passenger in the vehicle at 
        the time of the violation; and 
           (4) (6) that the person knows that the violator may not 
        drive, operate, or be in physical control of a vehicle without a 
        valid driver's license.  
           (b) The commissioner may not rescind the impoundment order 
        nor reissue registration plates to a registered owner if the 
        owner knew or had reason to know that the violator did not have 
        a valid driver's license on the date the violator obtained the 
        vehicle from the owner. 
           (c) If the order is rescinded, the owner shall receive new 
        registration plates at no cost, if the plates were seized and 
        destroyed. 
           Sec. 10.  Minnesota Statutes 1993 Supplement, section 
        169.121, subdivision 1c, is amended to read: 
           Subd. 1c.  [CONDITIONAL RELEASE.] Unless maximum bail is 
        imposed, 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 if the following conditions unless maximum 
        bail is imposed are imposed in addition to the other conditions 
        of release ordered by the court: 
           (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. 11.  Minnesota Statutes 1993 Supplement, 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; 
           (3) the person violates section 169.26 while in violation 
        of subdivision 1; or 
           (4) the person violates subdivision 1 or 1a 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. 
           (e) The court must impose consecutive sentences when it 
        sentences a person for a violation of this section or section 
        169.29 arising out of separate behavioral incidents.  The court 
        also must impose a consecutive sentence when it sentences a 
        person for a violation of this section or section 169.129 and 
        the person, at the time of sentencing, is on probation for, or 
        serving, an executed sentence for a violation of this section or 
        section 169.29 and the prior sentence involved a separate 
        behavioral incident.  The court also may order that the sentence 
        imposed for a violation of this section or section 169.29 shall 
        run consecutively to a previously imposed misdemeanor, gross 
        misdemeanor or felony sentence for a violation other than this 
        section or section 169.129. 
           (f) 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. 
           (g) A violation of subdivision 1a may be prosecuted either 
        in the jurisdiction where the arresting officer observed the 
        defendant driving, operating, or in control of the motor vehicle 
        or in the jurisdiction where the refusal occurred. 
           Sec. 12.  Minnesota Statutes 1993 Supplement, section 
        169.121, subdivision 3a, is amended to read: 
           Subd. 3a.  [HABITUAL OFFENDER PENALTIES.] (a) If Except as 
        otherwise provided in paragraph (b), a person has been convicted 
        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 if the person is 
        then convicted of a gross misdemeanor violation of this section, 
        a violation of section 169.129, or an ordinance in conformity 
        with either of them (1) once within five years after the first 
        conviction or (2) two or more times within ten years after the 
        first conviction, the person must be sentenced to a minimum of 
        30 days imprisonment, at least 48 hours of which must be served 
        consecutively, or to eight hours of community work service for 
        each day less than 30 days that the person is ordered to serve 
        in jail.  Provided, that if a person is convicted of violating 
        this section, section 169.129, or an ordinance in conformity 
        with either of them two or more times within five years after 
        the first conviction, or within five years after the first of 
        two or more license revocations, as defined in subdivision 3, 
        paragraph (a), clause (2), the person must be sentenced to a 
        minimum of 30 days imprisonment, at least 48 hours of which must 
        be served consecutively, and the sentence may not be waived 
        under paragraph (b) or (c) or (d).  Notwithstanding section 
        609.135, the above sentence must be executed, unless the court 
        departs from the mandatory minimum sentence under paragraph (b) 
        or (c) or (d). 
           (b) A person must be sentenced to a minimum of one year of 
        incarceration, at least 48 hours of which must be served 
        consecutively, or of intensive probation using an electronic 
        alcohol monitoring system, or a combination thereof, if the 
        person is convicted of violating this section, section 169.129, 
        or an ordinance in conformity with either of them:  (1) within 
        10 years of the first of five, or within 15 years of the first 
        of seven, prior license revocations, as defined in subdivision 
        3, paragraph (a), clause (2), or (2) within 10 years of the 
        first of five, or within 15 years of the first of seven, prior 
        convictions under this section, section 169.129, or an ordinance 
        in conformity with either of them. 
           (b) (c) Prior to sentencing the prosecutor may file a 
        motion to have the defendant sentenced without regard to the 
        mandatory minimum sentence established by this subdivision.  The 
        motion must be accompanied by a statement on the record of the 
        reasons for it.  When presented with the prosecutor's motion and 
        if it finds that substantial mitigating factors exist, the court 
        shall sentence the defendant without regard to the mandatory 
        minimum sentence established by this subdivision. 
           (c) (d) The court may, on its own motion, sentence the 
        defendant without regard to the mandatory minimum sentence 
        established by this subdivision if it finds that substantial 
        mitigating factors exist and if its sentencing departure is 
        accompanied by a statement on the record of the reasons for it. 
           (d) (e) The court may sentence the defendant without regard 
        to the mandatory minimum sentence established by this 
        subdivision if the defendant is sentenced to probation and 
        ordered to participate in a program established under section 
        169.1265. 
           (e) (f) When any portion of the sentence required by this 
        subdivision is not executed, the court should impose a sentence 
        that is proportional to the extent of the offender's prior 
        criminal and moving traffic violation record.  Any sentence 
        required under this subdivision must include a mandatory 
        sentence that is not subject to suspension or a stay of 
        imposition or execution, and that includes incarceration for not 
        less than 48 consecutive hours or at least 80 hours of community 
        work service. 
           Sec. 13.  Minnesota Statutes 1993 Supplement, 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 21 years, the commissioner of public safety 
        shall revoke the offender's driver's license or operating 
        privileges 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), and except for a person who commits a 
        violation described in subdivision 3, paragraph (c), clause (4), 
        (child endangerment), 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. 14.  Minnesota Statutes 1992, section 169.121, 
        subdivision 11, is amended to read: 
           Subd. 11.  [APPLICABILITY TO RECREATIONAL VEHICLES.] For 
        purposes of this section and section 169.123, "motor vehicle" 
        does not include a snowmobile as defined in section 84.81, or an 
        all-terrain vehicle as defined in section 84.92.  This 
        subdivision does not prevent the commissioner of public safety 
        from recording on driving records violations involving 
        snowmobiles and all-terrain vehicles. 
           Sec. 15.  Minnesota Statutes 1993 Supplement, 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.  If the agency keeps 
        a forfeited motor vehicle for official use, it shall make 
        reasonable efforts to ensure that the motor vehicle is available 
        for use by the agency's officers who participate in the drug 
        abuse resistance education program. 
           (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. 16.  Minnesota Statutes 1993 Supplement, 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).  
           The attorney in the jurisdiction in which the violation of 
        this section occurred who is responsible for prosecution of 
        misdemeanor violations of section 169.121 shall also be 
        responsible for prosecution of violations of this section. 
           Sec. 17.  Minnesota Statutes 1992, section 169.791, 
        subdivision 2, is amended to read: 
           Subd. 2.  [REQUIREMENT FOR DRIVER WHETHER OR NOT THE 
        OWNER.] Every driver shall have in possession at all times when 
        operating a vehicle and shall produce on demand of a peace 
        officer proof of insurance in force at the time of the demand 
        covering the vehicle being operated.  If the driver does not 
        produce the required proof of insurance upon the demand of a 
        peace officer, the driver is guilty of a misdemeanor.  A person 
        is guilty of a gross misdemeanor who violates this section 
        within ten years of the first of two prior convictions under 
        this section, section 169.797, or a statute or ordinance in 
        conformity with one of those sections.  The same prosecuting 
        authority who is responsible for prosecuting misdemeanor 
        violations of this section is responsible for prosecuting gross 
        misdemeanor violations of this section.  A driver who is not the 
        owner of the vehicle may not be convicted under this section 
        unless the driver knew or had reason to know that the owner did 
        not have proof of insurance required by this section, provided 
        that the driver provides the officer with the name and address 
        of the owner at the time of the demand or complies with 
        subdivision 3. 
           Sec. 18.  [TAB CHARGES.] 
           The supreme court is requested to consider adding to the 
        offenses listed in rule 17.01 of the Rules of Criminal 
        Procedures a gross misdemeanor violation of section 171.24 
        (driving without a license) so that that offense may be 
        prosecuted by tab charge in lieu of indictment or complaint. 
           Sec. 19.  Minnesota Statutes 1992, section 171.12, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ACCIDENT REPORTS AND RECORDS OF CONVICTION 
        FILED.] The department shall file all accident reports and 
        abstracts of court records of convictions and violations 
        received by it under the laws of this state and its political 
        subdivisions, and in connection therewith maintain convenient 
        records or make suitable notations in order that an individual 
        record of each licensee showing the convictions of such licensee 
        and the traffic accidents in which the licensee has been 
        involved shall be readily ascertainable and available for the 
        consideration of the department upon any application for renewal 
        of license and the revocation, suspension, or limitation of 
        licenses. 
           Sec. 20.  Minnesota Statutes 1993 Supplement, 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. 
           (d) The attorney in the jurisdiction in which the violation 
        occurred who is responsible for prosecution of misdemeanor 
        violations of this section is also responsible for prosecution 
        of gross misdemeanor violations of this section. 
           (e) 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. 21.  Minnesota Statutes 1993 Supplement, 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 drink 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 consumed the 
        alcohol 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).  
           (d) As used in this paragraph, "consume" includes the 
        ingestion of an alcoholic beverage and the physical condition of 
        having ingested an alcoholic beverage. 
           Sec. 22.  Minnesota Statutes 1993 Supplement, section 
        487.25, subdivision 10, is amended to read: 
           Subd. 10.  [PROSECUTING ATTORNEYS.] Except as otherwise 
        provided by law, violations of state law that are petty 
        misdemeanors or misdemeanors must be prosecuted by the attorney 
        of the statutory or home rule charter city where the violation 
        is alleged to have occurred, if the city has a population 
        greater than 500 600.  If a city has a population of 500 600 or 
        less, it may, by resolution of the city council, and with the 
        approval of the board of county commissioners, give the duty to 
        the county attorney.  In cities of the first, second, and third 
        class, gross misdemeanor violations of sections 609.52, 609.535, 
        609.595, 609.631, and 609.821 must be prosecuted by the attorney 
        of the city where the violation is alleged to have occurred.  
        The statutory or home rule charter city may enter into an 
        agreement with the county board and the county attorney to 
        provide prosecution services for any criminal offense.  All 
        other petty misdemeanors, misdemeanors, and gross misdemeanors 
        must be prosecuted by the county attorney of the county in which 
        the alleged violation occurred.  All violations of a municipal 
        ordinance, charter provision, rule, or regulation must be 
        prosecuted by the attorney for the governmental unit that 
        promulgated the municipal ordinance, charter provision, rule, or 
        regulation, regardless of its population, or by the county 
        attorney with whom it has contracted to prosecute these matters. 
           In the counties of Anoka, Carver, Dakota, Scott, and 
        Washington, violations of state law that are petty misdemeanors, 
        misdemeanors, or gross misdemeanors except as provided in 
        section 388.051, subdivision 2, must be prosecuted by the 
        attorney of the statutory or home rule charter city where the 
        violation is alleged to have occurred.  The statutory or home 
        rule charter city may enter into an agreement with the county 
        board and the county attorney to provide prosecution services 
        for any criminal offense.  All other petty misdemeanors, 
        misdemeanors, or gross misdemeanors must be prosecuted by the 
        county attorney of the county in which the alleged violation 
        occurred.  All violations of a municipal ordinance, charter 
        provision, rule, or regulation must be prosecuted by the 
        attorney for the governmental unit that promulgated the 
        municipal ordinance, charter provision, rule, or regulation or 
        by the county attorney with whom it has contracted to prosecute 
        these matters. 
           Sec. 23.  Minnesota Statutes 1993 Supplement, section 
        609.035, is amended to read: 
           609.035 [CRIME PUNISHABLE UNDER DIFFERENT PROVISIONS.] 
           Subdivision 1.  Except as provided in subdivision 2, and in 
        sections 609.251, 609.585, 609.21, subdivisions 3 and 4, 
        609.2691, 609.486, 609.494, and 609.856, if a person's conduct 
        constitutes more than one offense under the laws of this state, 
        the person may be punished for only one of the offenses and a 
        conviction or acquittal of any one of them is a bar to 
        prosecution for any other of them.  All the offenses, if 
        prosecuted, shall be included in one prosecution which shall be 
        stated in separate counts. 
           Subd. 2.  (a) When a person is being sentenced for a 
        violation of a provision listed in paragraph (f), the court may 
        sentence the person to a consecutive term of imprisonment for a 
        violation of any other provision listed in paragraph (f), 
        notwithstanding the fact that the offenses arose out of the same 
        course of conduct, subject to the limitation on consecutive 
        sentences contained in section 609.15, subdivision 2, and except 
        as provided in paragraphs (b), (c), and (d) of this subdivision. 
           (b) When a person is being sentenced for a violation of 
        section 169.129 the court may not impose a consecutive sentence 
        for a violation of a provision of section 169.121, subdivision 
        1, or for a violation of a provision of section 171.20, 171.24, 
        or 171.30. 
           (c) When a person is being sentenced for a violation of 
        section 171.20, 171.24, or 171.30, the court may not impose a 
        consecutive sentence for another violation of a provision in 
        chapter 171. 
           (d) When a person is being sentenced for a violation of 
        section 169.791 or 169.797, the court may not impose a 
        consecutive sentence for another violation of a provision of 
        sections 169.79 to 169.7995. 
           (e) This subdivision does not limit the authority of the 
        court to impose consecutive sentences for crimes arising on 
        different dates or to impose a consecutive sentence when a 
        person is being sentenced for a crime and is also in violation 
        of the conditions of a stayed or otherwise deferred sentence 
        under section 609.135. 
           (f) This subdivision applies to misdemeanor and gross 
        misdemeanor violations of the following if the offender has two 
        or more prior impaired driving convictions as defined in section 
        169.121, subdivision 3: 
           (1) section 169.121, subdivision 1, driving while 
        intoxicated; 
           (2) section 169.121, subdivision 1a, testing refusal; 
           (3) section 169.129, aggravated driving while intoxicated; 
           (4) section 169.791, failure to provide proof of insurance; 
           (5) section 169.797, failure to provide vehicle insurance; 
           (6) section 171.20, subdivision 2, operation after 
        revocation, suspension, cancellation, or disqualification; 
           (7) section 171.24, driving without valid license; 
           (8) section 171.30, violation of condition of limited 
        license; and 
           (9) section 609.487, fleeing a peace officer. 
           Sec. 24.  Minnesota Statutes 1993 Supplement, section 
        609.135, subdivision 2, is amended to read: 
           Subd. 2.  (a) If the conviction is for a felony the stay 
        shall be for not more than three four years or the maximum 
        period for which the sentence of imprisonment might have been 
        imposed, whichever is longer. 
           (b) If the conviction is for a gross misdemeanor violation 
        of section 169.121 or 169.129, the stay shall be for not more 
        than three four years.  The court shall provide for unsupervised 
        probation for the last one year of the stay unless the court 
        finds that the defendant needs supervised probation for all or 
        part of the last one year. 
           (c) If the conviction is for a gross misdemeanor not 
        specified in paragraph (b), the stay shall be for not more than 
        two years. 
           (d) If the conviction is for any misdemeanor under section 
        169.121; 609.746, subdivision 1; 609.79; or 617.23; or for a 
        misdemeanor under section 609.224, subdivision 1, in which the 
        victim of the crime was a family or household member as defined 
        in section 518B.01, the stay shall be for not more than two 
        years.  The court shall provide for unsupervised probation for 
        the second year of the stay unless the court finds that the 
        defendant needs supervised probation for all or part of the 
        second year. 
           (e) If the conviction is for a misdemeanor not specified in 
        paragraph (d), the stay shall be for not more than one year.  
           (f) The defendant shall be discharged six months after the 
        term of the stay expires, unless the stay has been revoked or 
        extended under paragraph (g), or the defendant has already been 
        discharged. 
           (g) Notwithstanding the maximum periods specified for stays 
        of sentences under paragraphs (a) to (f), a court may extend a 
        defendant's term of probation for up to one year if it finds, at 
        a hearing conducted under subdivision 1a, that: 
           (1) the defendant has not paid court-ordered restitution or 
        a fine in accordance with the payment schedule or structure; and 
           (2) the defendant is likely to not pay the restitution or 
        fine the defendant owes before the term of probation expires.  
        This one-year extension of probation for failure to pay 
        restitution or a fine may be extended by the court for up to one 
        additional year if the court finds, at another hearing conducted 
        under subdivision 1a, that the defendant still has not paid the 
        court-ordered restitution or fine that the defendant owes. 
           Sec. 25.  Minnesota Statutes 1993 Supplement, section 
        609.15, subdivision 2, is amended to read: 
           Subd. 2.  [LIMIT ON SENTENCES; MISDEMEANOR AND GROSS 
        MISDEMEANOR.] If the court specifies that the sentence shall run 
        consecutively and all of the sentences are for misdemeanors, the 
        total of the sentences shall not exceed one year.  If the 
        sentences are for a gross misdemeanor and one or more 
        misdemeanors, the total of the sentences shall not exceed two 
        years.  If all of the sentences are for gross misdemeanors, the 
        total of the sentences shall not exceed three four years. 
           Sec. 26.  Minnesota Statutes 1992, section 629.471, 
        subdivision 2, is amended to read: 
           Subd. 2.  [QUADRUPLE THE FINE.] For offenses under sections 
        169.09, 169.121, 169.129, 171.24, paragraph (c), 518B.01, 
        609.2231, subdivision 2, 609.224, 609.487, and 609.525, the 
        maximum cash bail that may be required for a person charged with 
        a misdemeanor or gross misdemeanor violation is quadruple the 
        highest cash fine that may be imposed for the offense. 
           Sec. 27.  [SENTENCING GUIDELINES MODIFICATION.] 
           The sentencing guidelines commission shall modify the 
        sentencing guidelines by ranking violations of section 609.21, 
        subdivisions 1, clauses (3) and (4); and 3, clauses (3) and (4), 
        (criminal vehicular homicide) in severity level VII of the 
        sentencing guidelines grid. 
           Sec. 28.  [REPEALER.] 
           Minnesota Statutes 1992, sections 84.87, subdivision 2b; 
        and 84.928, subdivision 3, are repealed. 
           Sec. 29.  [EFFECTIVE DATE.] 
           Sections 1 to 28 are effective August 1, 1994 and apply to 
        crimes committed on or after that date. 
           Presented to the governor May 6, 1994 
           Signed by the governor May 10, 1994, 3:52 p.m.