Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1995, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 230-S.F.No. 399
An act relating to motor vehicles; driving while
intoxicated; providing for forfeiture of snowmobiles,
all-terrain vehicles, and motorboats for designated,
DWI-related offenses; extending vehicle forfeiture law
by expanding the definition of prior conviction to
include other types of vehicles; restricting issuance
of limited driver's license; imposing penalties;
amending Minnesota Statutes 1994, sections 84.83,
subdivision 2, and by adding a subdivision; 84.91,
subdivision 5; 84.927, subdivision 1; 86B.331,
subdivision 5; 169.1217, subdivisions 1 and 7; and
171.30, subdivision 3; proposing coding for new law in
Minnesota Statutes, chapters 84; and 86B.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1994, section 84.83,
subdivision 2, is amended to read:
Subd. 2. [MONEY DEPOSITED IN THE ACCOUNT.] Fees from the
registration of snowmobiles and the unrefunded gasoline tax
attributable to snowmobile use pursuant to section 296.16, as
well as the net proceeds from the sale of snowmobiles forfeited
pursuant to section 84.912, shall be deposited in the state
treasury and credited to the snowmobile trails and enforcement
account.
Sec. 2. Minnesota Statutes 1994, section 84.83, is amended
by adding a subdivision to read:
Subd. 5. [FINES AND FORFEITED BAIL.] The disposition of
fines and forfeited bail collected from prosecutions of
violations of sections 84.81 to 84.91 are governed by section
97A.065.
Sec. 3. Minnesota Statutes 1994, 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) impaired driving conviction under 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), as defined in
section 169.121, subdivision 3, paragraph (a), clause (1);
(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 any
of them; or
(2) within ten years of the first of two or more prior:
(i) impaired driving convictions under 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), as defined in
section 169.121, subdivision 3, paragraph (a), clause (1);
(ii) civil liabilities under section 84.911, subdivision 2,
or 86B.335, subdivision 2;
(iii) convictions of ordinances in conformity with any of
them; 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. 4. [84.912] [FORFEITURE OF SNOWMOBILES AND
ALL-TERRAIN VEHICLES.]
Subdivision 1. [DEFINITIONS.] As used in this section, the
following terms have the meanings given them:
(a) "All-terrain vehicle" has the meaning given in section
84.92, subdivision 8.
(b) "Appropriate agency" means a law enforcement agency
that has the authority to make an arrest for a violation of a
designated offense.
(c) "Designated offense" means a violation of section 84.91
or an ordinance in conformity with it:
(1) occurring within five years of the first of three prior
impaired driving convictions or the first of three prior license
revocations based on separate impaired driving incidents;
(2) occurring within 15 years of the first of four or more
prior impaired driving convictions or the first of four or more
prior license revocations based on separate impaired driving
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 that provides
that the person may not use or consume any amount of alcohol or
a controlled substance.
(d) "Owner" means the registered owner of the snowmobile or
all-terrain vehicle according to records of the department of
natural resources and includes a lessee of a snowmobile or
all-terrain vehicle if the lease agreement has a term of 180
days or more.
(e) "Prior impaired driving conviction" has the meaning
given in section 169.121, subdivision 3.
(f) "Prior license revocation" has the meaning given 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.
(h) "Snowmobile" has the meaning given in section 84.81,
subdivision 3.
(i) "Vehicle" means a snowmobile or an all-terrain vehicle.
Subd. 2. [SEIZURE.] (a) A vehicle subject to forfeiture
under this section may be seized by the appropriate agency upon
process issued by any court having jurisdiction over the vehicle.
(b) Property may be seized without process if:
(1) the seizure is incident to a lawful arrest or a lawful
search;
(2) the vehicle subject to seizure has been the subject of
a prior judgment in favor of the state in a criminal injunction
or forfeiture proceeding under this section; or
(3) the appropriate agency has probable cause to believe
that the delay occasioned by the necessity to obtain process
would result in the removal or destruction of the vehicle.
(c) If property is seized without process under paragraph
(b), clause (3), the prosecuting authority must institute a
forfeiture action under this section as soon as is reasonably
possible.
Subd. 3. [RIGHT TO POSSESSION; CUSTODY.] All right, title,
and interest in a vehicle subject to forfeiture under this
section vests in the appropriate agency upon commission of the
designated offense giving rise to the forfeiture. A vehicle
seized under this section is not subject to replevin, but is
deemed to be in the custody of the appropriate agency subject to
the orders and decrees of the court having jurisdiction over the
forfeiture proceedings. When the vehicle is seized, the
appropriate agency may:
(1) place the vehicle under seal;
(2) remove the vehicle to a place designated by it;
(3) place a disabling device on the vehicle; and
(4) take other steps reasonable and necessary to secure the
vehicle and prevent waste.
Subd. 4. [BOND BY OWNER FOR POSSESSION.] If the owner of a
vehicle that has been seized under this section seeks possession
of the vehicle before the forfeiture action is determined, the
owner may, subject to the approval of the appropriate agency,
give security or post bond payable to the appropriate agency in
an amount equal to the retail value of the seized vehicle. On
posting the security or bond, the seized vehicle may be returned
to the owner only if a disabling device is attached to the
vehicle. The forfeiture action shall proceed against the
security as if it were the seized vehicle.
Subd. 5. [EVIDENCE.] Certified copies of driver's license
records concerning prior license revocations are admissible as
substantive evidence when necessary to prove the commission of a
designated offense.
Subd. 6. [FORFEITURE FOR COMMITTING DESIGNATED OFFENSE.] A
vehicle is subject to forfeiture under this section if it was
used in the commission of a designated offense.
Subd. 7. [LIMITATIONS ON FORFEITURE.] (a) A vehicle is
subject to forfeiture under this section only if the driver is
convicted of the designated offense upon which the forfeiture is
based.
(b) A vehicle encumbered by a bona fide security interest,
or subject to a lease that has a term of 180 days or more, is
subject to the interest of the secured party or lessor unless
the party or lessor had knowledge of or consented to the act
upon which the forfeiture is based.
(c) Notwithstanding paragraph (b), the secured party's or
lessor's interest in a vehicle is not subject to forfeiture
based solely on the secured party's or lessor's knowledge of the
act or omission upon which the forfeiture is based if the
secured party or lessor took reasonable steps to terminate use
of the vehicle by the offender.
(d) A vehicle is subject to forfeiture under this section
only if the owner was privy to the act or omission upon which
the forfeiture is based, or the act or omission occurred with
the owner's knowledge or consent.
(e) A vehicle subject to a security interest, based upon a
loan or other financing arranged by a financial institution, is
subject to the interest of the financial institution.
Subd. 8. [FORFEITURE PROCEDURE.] (a) A vehicle used to
commit a designated offense is subject to forfeiture under this
subdivision.
(b) A separate complaint must be filed against the vehicle,
describing it, and specifying that it was used in the commission
of a designated offense and specifying the time and place of its
unlawful use. If the person charged with a designated offense
is not convicted of the offense, the court shall dismiss the
complaint against the vehicle and order the property returned to
the person legally entitled to it. If the lawful ownership of
the vehicle used in the commission of a designated offense can
be determined and it is found the owner was not privy to
commission of a designated offense, the vehicle must be returned
immediately.
Subd. 9. [DISPOSITION OF FORFEITED VEHICLES; PROCEEDS
ALLOCATED.] (a) On finding under subdivision 8 that the vehicle
is subject to forfeiture, the court 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 making the arrest leading to the
forfeiture is an agency of state government, the net proceeds
must be deposited in the state treasury and credited to the
snowmobile trails and enforcement account in the natural
resources fund created in section 84.83, subdivision 1, if the
vehicle was a snowmobile, or to the all-terrain vehicle account
in the natural resources fund under section 84.927, subdivision
1.
Subd. 10. [REPORTING REQUIREMENT.] The appropriate agency
shall provide to the state auditor, on an annual basis and in a
manner prescribed by the state auditor, a written record of each
forfeiture incident. The record must include a brief
description of the vehicle forfeited, its estimated market
value, the actual or estimated amount of net proceeds from the
sale of the vehicle, the dates of the incident and the
forfeiture, and a brief description of the circumstances of the
impaired driving incident giving rise to the forfeiture. The
state auditor shall report annually to the legislature on the
nature and extent of forfeitures pursuant to this section.
Sec. 5. Minnesota Statutes 1994, section 84.927,
subdivision 1, is amended to read:
Subdivision 1. [REGISTRATION REVENUE.] Fees from the
registration of all-terrain vehicles and the unrefunded gasoline
tax attributable to all-terrain vehicle use under section
296.16, as well as the net proceeds from the sale of all-terrain
vehicles forfeited pursuant to section 84.912, shall be
deposited in the state treasury and credited to the all-terrain
vehicle account in the natural resources fund.
Sec. 6. Minnesota Statutes 1994, 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) impaired driving conviction under 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), as defined in
section 169.121, subdivision 3, paragraph (a), clause (1);
(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 any
of them; or
(2) within ten years of the first of two or more prior:
(i) impaired driving convictions under 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), as defined in
section 169.121, subdivision 3, paragraph (a), clause (1);
(ii) civil liabilities under section 84.911, subdivision 2,
or 86B.335, subdivision 2;
(iii) convictions of ordinances in conformity with any of
them; 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. 7. [86B.337] [FORFEITURE OF MOTORBOATS.]
Subdivision 1. [DEFINITIONS.] As used in this section, the
following terms have the meanings given them:
(a) "Appropriate agency" means a law enforcement agency
that has the authority to make an arrest for a violation of a
designated offense.
(b) "Designated offense" means a violation of section
86B.331 or an ordinance in conformity with it:
(1) occurring within five years of the first of three prior
impaired driving convictions or the first of three prior license
revocations based on separate impaired driving incidents;
(2) occurring within 15 years of the first of four or more
prior impaired driving convictions or the first of four or more
prior license revocations based on separate impaired driving
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 that provides
that the person may not use or consume any amount of alcohol or
a controlled substance.
(c) "Motorboat" has the meaning given in section 86B.005,
subdivision 9.
(d) "Owner" means the registered owner of the motorboat
according to records of the department of natural resources and
includes a lessee of a motorboat if the lease agreement has a
term of 180 days or more.
(e) "Prior impaired driving conviction" has the meaning
given in section 169.121, subdivision 3.
(f) "Prior license revocation" has the meaning given 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.
Subd. 2. [SEIZURE.] (a) A motorboat subject to forfeiture
under this section may be seized by the appropriate agency upon
process issued by any court having jurisdiction over the
motorboat.
(b) Property may be seized without process if:
(1) the seizure is incident to a lawful arrest or a lawful
search;
(2) the motorboat subject to seizure has been the subject
of a prior judgment in favor of the state in a criminal
injunction or forfeiture proceeding under this section; or
(3) the appropriate agency has probable cause to believe
that the delay occasioned by the necessity to obtain process
would result in the removal or destruction of the motorboat.
(c) If property is seized without process under paragraph
(b), clause (3), the prosecuting authority must institute a
forfeiture action under this section as soon as is reasonably
possible.
Subd. 3. [RIGHT TO POSSESSION; CUSTODY.] All right, title,
and interest in a motorboat subject to forfeiture under this
section vests in the appropriate agency upon commission of the
designated offense giving rise to the forfeiture. A motorboat
seized under this section is not subject to replevin, but is
deemed to be in the custody of the appropriate agency subject to
the orders and decrees of the court having jurisdiction over the
forfeiture proceedings. When the motorboat is seized, the
appropriate agency may:
(1) place the motorboat under seal;
(2) remove the motorboat to a place designated by it;
(3) place a disabling device on the motorboat; and
(4) take other steps reasonable and necessary to secure the
motorboat and prevent waste.
Subd. 4. [BOND BY OWNER FOR POSSESSION.] If the owner of a
motorboat that has been seized under this section seeks
possession of the motorboat before the forfeiture action is
determined, the owner may, subject to the approval of the
appropriate agency, give security or post bond payable to the
appropriate agency in an amount equal to the retail value of the
seized motorboat. On posting the security or bond, the seized
motorboat may be returned to the owner only if a disabling
device is attached to the motorboat. The forfeiture action
shall proceed against the security as if it were the seized
motorboat.
Subd. 5. [EVIDENCE.] Certified copies of driver's license
records concerning prior license revocations are admissible as
substantive evidence when necessary to prove the commission of a
designated offense.
Subd. 6. [FORFEITURE FOR COMMITTING DESIGNATED OFFENSE.] A
motorboat is subject to forfeiture under this section if it was
used in the commission of a designated offense.
Subd. 7. [LIMITATIONS ON FORFEITURE.] (a) A motorboat is
subject to forfeiture under this section only if the driver is
convicted of the designated offense upon which the forfeiture is
based.
(b) A motorboat encumbered by a bona fide security
interest, or subject to a lease that has a term of 180 days or
more, is subject to the interest of the secured party or lessor
unless the party or lessor had knowledge of or consented to the
act upon which the forfeiture is based.
(c) Notwithstanding paragraph (b), the secured party's or
lessor's interest in a motorboat is not subject to forfeiture
based solely on the secured party's or lessor's knowledge of the
act or omission upon which the forfeiture is based if the
secured party or lessor took reasonable steps to terminate use
of the motorboat by the offender.
(d) A motorboat is subject to forfeiture under this section
only if the owner was privy to the act or omission upon which
the forfeiture is based, or the act or omission occurred with
the owner's knowledge or consent.
(e) A motorboat subject to a security interest, based upon
a loan or other financing arranged by a financial institution,
is subject to the interest of the financial institution.
Subd. 8. [FORFEITURE PROCEDURE.] (a) A motorboat used to
commit a designated offense is subject to forfeiture under this
subdivision.
(b) A separate complaint must be filed against the
motorboat, describing it, and specifying that it was used in the
commission of a designated offense and specifying the time and
place of its unlawful use. If the person charged with a
designated offense is not convicted of the offense, the court
shall dismiss the complaint against the motorboat and order the
property returned to the person legally entitled to it. If the
lawful ownership of the motorboat used in the commission of a
designated offense can be determined and it is found the owner
was not privy to commission of a designated offense, the
motorboat must be returned immediately.
Subd. 9. [DISPOSITION OF FORFEITED MOTORBOATS; PROCEEDS
ALLOCATED.] (a) On finding under subdivision 8 that the
motorboat is subject to forfeiture, the court shall order the
appropriate agency to:
(1) sell the motorboat and distribute the proceeds under
paragraph (b); or
(2) keep the motorboat for official use.
(b) The proceeds from the sale of forfeited motorboats,
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 making the arrest leading
to the forfeiture is an agency of state government, the net
proceeds must be deposited in the state treasury and credited to
the water recreation account in the natural resources fund.
Subd. 10. [REPORTING REQUIREMENT.] The appropriate agency
shall provide to the state auditor, on an annual basis and in a
manner prescribed by the state auditor, a written record of each
forfeiture incident. The record must include a brief
description of the vehicle forfeited, its estimated market
value, the actual or estimated amount of net proceeds from the
sale of the vehicle, the dates of the incident and the
forfeiture, and a brief description of the circumstances of the
impaired driving incident giving rise to the forfeiture. The
state auditor shall report annually to the legislature on the
nature and extent of forfeitures pursuant to this section.
Sec. 8. Minnesota Statutes 1994, 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 agency" 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 impaired 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
impaired 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 impaired 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
impaired 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 impaired 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 has the meaning given it in section 169.121, subdivision
3. A prior impaired driving under the influence conviction also
includes a prior juvenile adjudication that would have been a
prior impaired 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 1994, section 169.1217,
subdivision 7, is amended to read:
Subd. 7. [LIMITATIONS ON FORFEITURE OF MOTOR VEHICLES.]
(a) A vehicle is subject to forfeiture under this section only
if the driver is convicted of the designated offense upon which
the forfeiture is based.
(b) A vehicle encumbered by a bona fide security interest,
or subject to a lease that has a term of 180 days or more, is
subject to the interest of the secured party or lessor unless
the party or lessor had knowledge of or consented to the act
upon which the forfeiture is based.
(c) Notwithstanding paragraph (b), the secured party's or
lessor's interest in a vehicle is not subject to forfeiture
based solely on the secured party's or lessor's knowledge of the
act or omission upon which the forfeiture is based if the
secured party or lessor took reasonable steps to terminate use
of the vehicle by the offender.
(d) A motor vehicle is subject to forfeiture under this
section only if its owner knew or should have known of the
unlawful use or intended use.
(e) A vehicle subject to a security interest, based upon a
loan or other financing arranged by a financial institution, is
subject to the interest of the financial institution.
Sec. 10. Minnesota Statutes 1994, section 171.30,
subdivision 3, is amended to read:
Subd. 3. [CONDITIONS ON ISSUANCE.] The commissioner shall
issue a limited license restricted to the vehicles whose
operation is permitted only under a Class A, Class B, or Class
CC license whenever a Class A, Class B, or Class CC license has
been suspended under section 171.18, or revoked under section
171.17, for violation of the highway traffic regulation act
committed in a private passenger motor vehicle. This
subdivision shall not apply to any persons described in section
171.04, subdivision 1, clauses (4), (5), (6), (8), (9), and
(11), or any person whose license or privilege has been
suspended or revoked for a violation of section 169.121 or
169.123, or a statute or ordinance from another state in
conformity with either of those sections.
Sec. 11. [EFFECTIVE DATE.]
Sections 1 to 8, and 10 are effective August 1, 1995, and
apply to designated offenses committed on or after that date.
Presented to the governor May 23, 1995
Signed by the governor May 25, 1995, 8:44 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes