Minnesota Session Laws - 1998, Regular Session

                            CHAPTER 332-S.F.No. 2252 
                  An act relating to crimes; modifying criminal 
                  penalties for DWI; authorizing sentences to programs 
                  of intensive supervision; making technical correction; 
                  amending Minnesota Statutes 1997 Supplement, section 
                  169.121, subdivision 3e. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1997 Supplement, section 
        169.121, subdivision 3e, is amended to read: 
           Subd. 3e.  [ENHANCED GROSS MISDEMEANORS; MANDATORY 
        PENALTIES.] (a) The mandatory penalties in this subdivision 
        apply to persons who are convicted of an enhanced gross 
        misdemeanor under subdivision 3, paragraph (d), or section 
        169.129.  Notwithstanding section 609.135, these penalties must 
        be imposed and executed. 
           (b) A person who is convicted of an enhanced gross 
        misdemeanor under the circumstances described in subdivision 3, 
        paragraph (d), clause (1), shall be sentenced as follows: 
           (1) if the person has one prior impaired driving conviction 
        within the past ten years, the person must be sentenced 
        to either (i) a minimum of 90 days of incarceration, at least 30 
        days of which must be served consecutively in a local 
        correctional facility, or (ii) a program of intensive 
        supervision of the type described in section 169.1265 that 
        requires the person to consecutively serve at least six days in 
        a local correctional facility.  The court may order that the 
        person serve not more than 60 days of this the minimum penalty 
        under item (i) on home detention or in an intensive probation 
        program described in section 169.1265; 
           (2) if the person has two prior impaired driving 
        convictions within the past ten years, the person must be 
        sentenced to either (i) a minimum of 180 days of incarceration, 
        at least 30 days of which must be served consecutively in a 
        local correctional facility, or (ii) a program of intensive 
        supervision of the type described in section 169.1265 that 
        requires the person to consecutively serve at least six days in 
        a local correctional facility.  The court may order that the 
        person serve not more than 150 days of this the minimum penalty 
        under item (i) on home detention or in an intensive probation 
        program described in section 169.1265; or 
           (3) if the person has three prior impaired driving 
        convictions within the past 15 years, or four or more prior 
        impaired driving convictions within the person's lifetime, the 
        person must be sentenced to either (i) a minimum of one year of 
        incarceration, at least 60 days of which must be served 
        consecutively in a local correctional facility, or (ii) a 
        program of intensive supervision of the type described in 
        section 169.1265 that requires the person to consecutively serve 
        at least six days in a local correctional facility.  The court 
        may order that the person serve the remainder of this the 
        minimum penalty under item (i) on intensive probation using an 
        electronic monitoring system or, if such a system is 
        unavailable, on home detention. 
           (c) A person who is convicted of an enhanced gross 
        misdemeanor under the circumstances described in subdivision 3, 
        paragraph (d), clause (2) or (3), or under section 169.129, 
        shall be sentenced as follows: 
           (1) if the person has two prior impaired driving 
        convictions, two prior license revocations, or a combination of 
        the two, within the past ten years, the person must be sentenced 
        to either (i) a minimum of 90 days incarceration, at least 30 
        days of which must be served consecutively in a local 
        correctional facility, or (ii) a program of intensive 
        supervision of the type described in section 169.1265 that 
        requires the person to consecutively serve at least six days in 
        a local correctional facility.  The court may order that the 
        person serve not more than 60 days of this the minimum penalty 
        under item (i) on home detention or in an intensive probation 
        program described in section 169.1265; 
           (2) if the person has three prior impaired driving 
        convictions, three prior license revocations, or a combination 
        of the two, within the past ten years, the person must be 
        sentenced to either (i) a minimum of 180 days of incarceration, 
        at least 30 days of which must be served consecutively in a 
        local correctional facility, or (ii) a program of intensive 
        supervision of the type described in section 169.1265 that 
        requires the person to consecutively serve at least six days in 
        a local correctional facility.  The court may order that the 
        person serve not more than 150 days of this the minimum penalty 
        under item (i) on home detention or in an intensive probation 
        program described in section 169.1265; or 
           (3) if the person has:  (i) four prior impaired driving 
        convictions, four prior license revocations, or a combination of 
        the two, within the past 15 years; or (ii) has five or more 
        prior impaired driving convictions, five or more prior license 
        revocations, or a combination of the two, within the person's 
        lifetime; then the person must be sentenced to either (i) a 
        minimum of one year of incarceration, at least 60 days of which 
        must be served consecutively in a local correctional facility, 
        or (ii) a program of intensive supervision of the type described 
        in section 169.1265 that requires the person to consecutively 
        serve at least six days in a local correctional facility.  The 
        court may order that the person serve the remainder of this the 
        minimum penalty under item (i) on intensive probation using an 
        electronic monitoring system or, if such a system is 
        unavailable, on home detention. 
           Sec. 2.  [EFFECTIVE DATE.] 
           Section 1 is effective the day after final enactment. 
           Presented to the governor March 23, 1998 
           Signed by the governor March 25, 1998, 9:35 a.m.