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Minnesota Legislature

Office of the Revisor of Statutes

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

                            CHAPTER 194-S.F.No. 1382 
                  An act relating to crime prevention; repealing 
                  provisions and striking language related to the 
                  enhanced gross misdemeanor DWI crime; expanding the 
                  gross misdemeanor DWI crime, probationary period, and 
                  mandatory sentencing provisions; requiring mandatory 
                  consecutive sentences for certain DWI-related 
                  offenses; amending Minnesota Statutes 1998, sections 
                  169.121, subdivisions 1c, 3, and 3d; 169.129, 
                  subdivision 1; 609.02, subdivision 2; 609.035, 
                  subdivision 2; 609.105, subdivisions 1 and 3; 609.135, 
                  subdivision 2; and 609.15, subdivision 2; repealing 
                  Minnesota Statutes 1998, sections 169.121, subdivision 
                  3e; 169.129, subdivision 2; and 609.02, subdivision 2a.
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 169.121, 
        subdivision 1c, is amended to read: 
           Subd. 1c.  [CONDITIONAL RELEASE.] (a) Unless maximum bail 
        is imposed under section 629.471, subdivision 2, a person 
        charged with a crime listed in this paragraph may be released 
        from detention only if the person agrees to abstain from alcohol 
        and submit to a program of electronic alcohol monitoring 
        involving at least daily measurements of the person's alcohol 
        concentration pending resolution of the charge.  This paragraph 
        applies only when electronic alcohol monitoring equipment is 
        available to the court and only when a person is charged with: 
           (1) a violation of subdivision 1 or 1a within five years of 
        two prior impaired driving convictions, or within ten years of 
        three or more prior impaired driving convictions; 
           (2) a second or subsequent violation of subdivision 1 or 
        1a, if the person is under the age of 19 years; 
           (3) a violation of subdivision 1 or 1a, while the person's 
        driver's license or driving privileges have been canceled under 
        section 171.04, subdivision 1, clause (9); 
           (4) a violation of subdivision 1, clause (f); or 
           (5) a violation of section 169.129. 
           If the defendant is convicted of the charged offense, The 
        court shall require partial or total reimbursement from the 
        person for the cost of the electronic alcohol monitoring, to the 
        extent the defendant is able to pay. 
           (b) Unless maximum bail is imposed under section 629.471, 
        subdivision 2, a person charged with violating subdivision 1 or 
        1a 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 if the following conditions are imposed in 
        addition to the condition imposed in paragraph (a), if 
        applicable, and any other conditions of release ordered by the 
        court: 
           (1) the impoundment of the registration plates of the 
        vehicle used to commit the violation, unless already impounded; 
           (2) if the vehicle used to commit the violation was an 
        off-road recreational vehicle or a motorboat, the impoundment of 
        the off-road recreational vehicle or motorboat; 
           (3) a requirement that the alleged violator report weekly 
        to a probation agent; 
           (4) a requirement that the alleged violator abstain from 
        consumption of alcohol and controlled substances and submit to 
        random alcohol tests or urine analyses at least weekly; and 
           (5) a requirement that, if convicted, the alleged violator 
        reimburse the court or county for the total cost of these 
        services. 
           Sec. 2.  Minnesota Statutes 1998, section 169.121, 
        subdivision 3, is amended to read: 
           Subd. 3.  [CRIMINAL PENALTIES.] (a) As used in this section:
           (1) "Prior impaired driving conviction" means a prior 
        conviction under: 
           (i) this section; Minnesota Statutes 1996, section 84.91, 
        subdivision 1, paragraph (a), or 86B.331, subdivision 1, 
        paragraph (a); section 169.1211; section 169.129; or section 
        360.0752; 
           (ii) section 609.21, subdivision 1, clauses (2) to (6); 
        subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 
        to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
        clauses (2) to (6); or subdivision 4, clauses (2) to (6); or 
           (iii) an ordinance from this state, or a statute or 
        ordinance from another state, in conformity with any provision 
        listed in item (i) or (ii). 
           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. 
           (2) "Prior license revocation" means a driver's license 
        suspension, revocation, cancellation, denial, or 
        disqualification under: 
           (i) this section or section 169.1211, 169.123, 171.04, 
        171.14, 171.16, 171.165, 171.17, or 171.18 because of an 
        alcohol-related incident; 
           (ii) section 609.21, subdivision 1, clauses (2) to (6); 
        subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 
        to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
        clauses (2) to (6); or subdivision 4, clauses (2) to (6); or 
           (iii) an ordinance from this state, or a statute or 
        ordinance from another state, in conformity with any provision 
        listed in item (i) or (ii). 
           "Prior license revocation" also means the revocation of 
        snowmobile or all-terrain vehicle operating privileges under 
        section 84.911, or motorboat operating privileges under section 
        86B.335, for violations that occurred on or after August 1, 1995.
           (b) A person who violates subdivision 1, clause (a), (b), 
        (c), (d), (e), (g), or (h), or subdivision 1a, or an ordinance 
        in conformity with any 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, clause (f); 
           (2) the person violates subdivision 1, clause (a), (b), 
        (c), (d), (e), (g), or (h), or subdivision 1a,: 
           (i) within five years of a prior impaired driving 
        conviction or a prior license revocation; or 
           (ii) within ten years of the first of two or more prior 
        impaired driving convictions, two or more prior license 
        revocations, or any combination of two or more prior impaired 
        driving convictions and prior license revocations, based on 
        separate incidents; 
           (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. 
           A person convicted of a gross misdemeanor under this 
        paragraph is subject to the mandatory penalties provided in 
        subdivision 3d. 
           (d) A person is guilty of an enhanced gross misdemeanor 
        under any of the following circumstances: 
           (1) the person violates subdivision 1, clause (f), or 
        commits a violation described in paragraph (c), clause (3) or 
        (4), within ten years of one or more prior impaired driving 
        convictions or prior license revocations; 
           (2) the person violates subdivision 1, clause (a), (b), 
        (c), (d), (e), (g), or (h), or subdivision 1a, within ten years 
        of the first of two or more prior impaired driving convictions, 
        two or more prior license revocations, or any combination of two 
        or more prior impaired driving convictions and prior license 
        revocations, based on separate incidents. 
           A person convicted of an enhanced gross misdemeanor under 
        this paragraph may be sentenced to imprisonment in a local 
        correctional facility for not more than two years or to payment 
        of a fine of not more than $3,000, or both.  Additionally, the 
        person is subject to the applicable mandatory penalties provided 
        in subdivision 3e. 
           (e) The court shall notify a person convicted of violating 
        subdivision 1 or 1a that the registration plates of the person's 
        motor vehicle may be impounded under section 168.042 and the 
        vehicle may be subject to forfeiture under section 169.1217 upon 
        a subsequent conviction for violating this section, section 
        169.129, or section 171.24, or a subsequent license revocation 
        under section 169.123.  The notice must describe the conduct and 
        the time periods within which the conduct must occur in order to 
        result in plate impoundment or forfeiture.  The failure of the 
        court to provide this information does not affect the 
        applicability of the plate impoundment or the forfeiture 
        provision to that person. 
           (f) (e) 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 and enhanced gross 
        misdemeanor violations of this section. 
           (g) (f) The court must impose consecutive sentences when it 
        sentences a person for a violation of this section or section 
        169.129 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 169.129 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 169.129 shall 
        run consecutively to a previously imposed misdemeanor, gross 
        misdemeanor or felony sentence for a violation other than this 
        section or section 169.129.  
           (h) (g) When the court stays the sentence of a person 
        convicted under this section, the length of the stay is governed 
        by section 609.135, subdivision 2. 
           (i) (h) The court may impose consecutive sentences for 
        offenses arising out of a single course of conduct as permitted 
        in section 609.035, subdivision 2.  
           (i) The court shall impose consecutive sentences for a 
        violation of this section or section 169.129 and an offense 
        listed in section 609.035, subdivision 2, paragraph (f), arising 
        out of the same course of conduct, as required by section 
        609.035, subdivision 2, paragraph (g). 
           (j) When an attorney responsible for prosecuting gross 
        misdemeanors or enhanced 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. 
           (k) 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. 3.  Minnesota Statutes 1998, section 169.121, 
        subdivision 3d, is amended to read: 
           Subd. 3d.  [GROSS MISDEMEANOR; MANDATORY PENALTIES.] (a) 
        The mandatory penalties in this subdivision apply to persons 
        convicted of a gross misdemeanor under subdivision 3, paragraph 
        (c), or section 169.129. 
           (b) A person who is convicted of a gross misdemeanor under 
        subdivision 3, paragraph (c), or is convicted of a gross 
        misdemeanor violation of section 169.129 within five years of a 
        prior impaired driving conviction or prior license revocation, 
        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.  Notwithstanding 
        section 609.135, the above sentence must be executed, unless the 
        court departs from the mandatory minimum sentence under 
        paragraph (c) (f) or (d) (g). 
           (c) A person who is convicted of a gross misdemeanor under 
        subdivision 3, paragraph (c), or is convicted of a gross 
        misdemeanor violation of section 169.129 within ten years of two 
        prior impaired driving convictions, two prior license 
        revocations, or a combination of the two based on separate 
        instances, must be sentenced to either: 
           (1) a minimum of 90 days incarceration, at least 30 days of 
        which must be served consecutively in a local correctional 
        facility; or 
           (2) 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 the minimum penalty under clause (1) on home detention or in 
        an intensive probation program described in section 169.1265.  
        Notwithstanding section 609.135, the penalties in this paragraph 
        must be imposed and executed. 
           (d) A person who is convicted of a gross misdemeanor under 
        subdivision 3, paragraph (c), or is convicted of a gross 
        misdemeanor violation of section 169.129 within ten years of 
        three prior impaired driving convictions, three prior license 
        revocations, or a combination of the two based on separate 
        instances, must be sentenced to either: 
           (1) a minimum of 180 days of incarceration, at least 30 
        days of which must be served consecutively in a local 
        correctional facility; or 
           (2) 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 the minimum penalty under clause (1) on home detention or in 
        an intensive probation program described in section 169.1265.  
        Notwithstanding section 609.135, the penalties in this paragraph 
        must be imposed and executed. 
           (e) A person who is convicted of a gross misdemeanor under 
        subdivision 3, paragraph (c), or is convicted of a gross 
        misdemeanor violation of section 169.129 within 15 years of four 
        prior impaired driving convictions, four prior license 
        revocations, or a combination of the two based on separate 
        instances; or anytime after five or more prior impaired driving 
        convictions, five or more prior license revocations, or a 
        combination of the two based on separate instances, must be 
        sentenced to either: 
           (1) a minimum of one year of incarceration, at least 60 
        days of which must be served consecutively in a local 
        correctional facility; or 
           (2) 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 the 
        minimum penalty under clause (1) on intensive probation using an 
        electronic monitoring system or, if such a system is 
        unavailable, on home detention.  Notwithstanding section 
        609.135, the penalties in this paragraph must be imposed and 
        executed. 
           (f) Prior to sentencing, the prosecutor may file a motion 
        to have the a defendant described in paragraph (b) sentenced 
        without regard to the mandatory minimum sentence established 
        by this subdivision that paragraph.  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 paragraph (b).  
           (d) (g) The court may, on its own motion, sentence the a 
        defendant described in paragraph (b) without regard to the 
        mandatory minimum sentence established by this subdivision that 
        paragraph 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.  The court also may sentence 
        the defendant without regard to the mandatory minimum sentence 
        established by this subdivision paragraph (b) if the defendant 
        is sentenced to probation and ordered to participate in a 
        program established under section 169.1265. 
           (e) (h) When any portion of the sentence required by this 
        subdivision paragraph (b) 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 paragraph (b) 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. 4.  Minnesota Statutes 1998, section 169.129, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CRIME.] It is a crime gross misdemeanor 
        for any person to drive, operate, or be 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 
        driving privilege has been reinstated following its 
        cancellation, suspension, revocation, disqualification, or 
        denial under any of the following:  
           (1) section 169.121, 169.1211, or 169.123; 
           (2) section 171.04, 171.14, 171.16, 171.17, or 171.18 
        because of an alcohol-related incident; 
           (3) section 609.21, subdivision 1, clauses (2) to (6); 
        subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 
        to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
        clauses (2) to (6); or subdivision 4, clauses (2) to (6). 
           Sec. 5.  Minnesota Statutes 1998, section 609.02, 
        subdivision 2, is amended to read: 
           Subd. 2.  [FELONY.] "Felony" means a crime, other than an 
        enhanced gross misdemeanor, for which a sentence of imprisonment 
        for more than one year may be imposed. 
           Sec. 6.  Minnesota Statutes 1998, section 609.035, 
        subdivision 2, is amended to read: 
           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), and (g) 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. 
           (g) When a court is sentencing an offender for a violation 
        of section 169.121 or 169.129 and a violation of an offense 
        listed in paragraph (f), and the offender has five or more prior 
        impaired driving convictions, five or more prior license 
        revocations, or a combination of the two based on separate 
        instances, within the person's lifetime, the court shall 
        sentence the offender to serve consecutive sentences for the 
        offenses, notwithstanding the fact that the offenses arose out 
        of the same course of conduct. 
           Sec. 7.  Minnesota Statutes 1998, section 609.105, 
        subdivision 1, is amended to read: 
           Subdivision 1.  Except as otherwise provided in subdivision 
        3, A sentence to imprisonment for more than one year shall 
        commit the defendant to the custody of the commissioner of 
        corrections.  
           Sec. 8.  Minnesota Statutes 1998, section 609.105, 
        subdivision 3, is amended to read: 
           Subd. 3.  A sentence to imprisonment for an enhanced gross 
        misdemeanor or for a period of one year or any lesser period 
        shall be to a workhouse, work farm, county jail, or other place 
        authorized by law.  
           Sec. 9.  Minnesota Statutes 1998, section 609.135, 
        subdivision 2, is amended to read: 
           Subd. 2.  [STAY OF SENTENCE MAXIMUM PERIODS.] (a) If the 
        conviction is for a felony the stay shall be for not more than 
        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 an enhanced gross misdemeanor 
        violation of section 169.121 or 169.129, the stay shall be for 
        not more than six years.  The court shall provide for 
        unsupervised probation for the last year of the stay unless the 
        court finds that the defendant needs supervised probation for 
        all or part of the last year. 
           (c) If the conviction is for a gross misdemeanor violation 
        of section 169.121 or 169.129, the stay shall be for not more 
        than four six years.  The court shall provide for unsupervised 
        probation for the last year of the stay unless the court finds 
        that the defendant needs supervised probation for all or part of 
        the last year. 
           (d) (c) If the conviction is for a gross misdemeanor not 
        specified in paragraph (c) (b), the stay shall be for not more 
        than two years. 
           (e) (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 609.2242 or 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. 
           (f) (e) If the conviction is for a misdemeanor not 
        specified in paragraph (e) (d), the stay shall be for not more 
        than one year.  
           (g) (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 (h) (g), or the defendant has 
        already been discharged. 
           (h) (g) Notwithstanding the maximum periods specified for 
        stays of sentences under paragraphs (a) to (g) (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. 
           (i) (h) Notwithstanding the maximum periods specified for 
        stays of sentences under paragraphs (a) to (g) (f), a court may 
        extend a defendant's term of probation for up to three years if 
        it finds, at a hearing conducted under subdivision 1c, that: 
           (1) the defendant has failed to complete court-ordered 
        treatment successfully; and 
           (2) the defendant is likely not to complete court-ordered 
        treatment before the term of probation expires. 
           Sec. 10.  Minnesota Statutes 1998, 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 or enhanced 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 and enhanced gross misdemeanors, the 
        total of the sentences shall not exceed four years. 
           Sec. 11.  [REPEALER.] 
           Minnesota Statutes 1998, sections 169.121, subdivision 3e; 
        169.129, subdivision 2; and 609.02, subdivision 2a, are repealed.
           Sec. 12.  [EFFECTIVE DATE.] 
           Sections 1 to 11 are effective the day following final 
        enactment and apply to crimes committed on or after that date.  
        However, violations occurring before that date which are listed 
        in Minnesota Statutes, section 169.121, subdivision 3, paragraph 
        (a), are considered prior impaired driving convictions or prior 
        license revocations for purposes of this act. 
           Presented to the governor May 20, 1999 
           Signed by the governor May 24, 1999, 9:35 a.m.