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

                             CHAPTER 283-S.F.No. 58 
                  An act relating to crimes; reducing from 0.10 to 0.08 
                  the per se alcohol concentration level for impairment 
                  offenses involving driving a motor vehicle, criminal 
                  vehicular homicide and injury, operating recreational 
                  vehicles or watercraft, hunting, or operating military 
                  vehicles while impaired; requiring the purging of 
                  certain driving records; requiring a report; amending 
                  Minnesota Statutes 2002, sections 97B.065, subdivision 
                  1; 97B.066, subdivision 1; 169A.20, subdivision 1; 
                  169A.51, subdivision 1; 169A.52, subdivisions 2, 4, 7; 
                  169A.54, subdivision 7; 169A.76; 171.12, subdivision 
                  3; 192A.555; 609.21; Minnesota Statutes 2003 
                  Supplement, section 169A.53, subdivision 3. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, section 97B.065, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ACTS PROHIBITED.] (a) A person may not 
        take wild animals with a firearm or by archery:  
           (1) when the person is under the influence of alcohol; 
           (2) when the person is under the influence of a controlled 
        substance, as defined in section 152.01, subdivision 4; 
           (3) when the person is under the influence of a combination 
        of any two or more of the elements in clauses (1) and (2); 
           (4) when the person's alcohol concentration is 0.10 0.08 or 
        more; 
           (5) when the person's alcohol concentration as measured 
        within two hours of the time of taking is 0.10 0.08 or more; or 
           (6) when the person is knowingly under the influence of any 
        chemical compound or combination of chemical compounds that is 
        listed as a hazardous substance in rules adopted under section 
        182.655 and that affects the nervous system, brain, or muscles 
        of the person so as to substantially impair the person's ability 
        to operate a firearm or bow and arrow. 
           (b) An owner or other person having charge or control of a 
        firearm or bow may not authorize or permit an individual the 
        person knows or has reason to believe is under the influence of 
        alcohol or a controlled substance, as provided under paragraph 
        (a), to possess the firearm or bow in this state or on a 
        boundary water of this state. 
           (c) A person may not possess a loaded or uncased firearm or 
        an uncased bow afield under any of the conditions in paragraph 
        (a). 
           Sec. 2.  Minnesota Statutes 2002, section 97B.066, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [MANDATORY CHEMICAL TESTING.] A person who 
        takes wild animals with a bow or firearm in this state or on a 
        boundary water of this state is required, subject to the 
        provisions of this section, to take or submit to a test of the 
        person's blood, breath, or urine for the purpose of determining 
        the presence and amount of alcohol or a controlled substance.  
        The test shall be administered at the direction of an officer 
        authorized to make arrests under section 97B.065, subdivision 
        2.  Taking or submitting to the test is mandatory when requested 
        by an officer who has probable cause to believe the person was 
        hunting in violation of section 97B.065, subdivision 1, 
        paragraph (a) or (c), and one of the following conditions exists:
           (1) the person has been lawfully placed under arrest for 
        violating section 97B.065, subdivision 1, paragraph (a) or (c); 
           (2) the person has been involved while hunting in an 
        accident resulting in property damage, personal injury, or 
        death; 
           (3) the person has refused to take the preliminary 
        screening test provided for in section 97B.065, subdivision 3; 
        or 
           (4) the screening test was administered and indicated an 
        alcohol concentration of 0.10 0.08 or more. 
           Sec. 3.  Minnesota Statutes 2002, section 169A.20, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DRIVING WHILE IMPAIRED CRIME.] It is a 
        crime for any person to drive, operate, or be in physical 
        control of any motor vehicle within this state or on any 
        boundary water of this state: 
           (1) when the person is under the influence of alcohol; 
           (2) when the person is under the influence of a controlled 
        substance; 
           (3) when the person is knowingly under the influence of a 
        hazardous substance that affects the nervous system, brain, or 
        muscles of the person so as to substantially impair the person's 
        ability to drive or operate the motor vehicle; 
           (4) when the person is under the influence of a combination 
        of any two or more of the elements named in clauses (1), (2), 
        and (3); 
           (5) when the person's alcohol concentration at the time, or 
        as measured within two hours of the time, of driving, operating, 
        or being in physical control of the motor vehicle is 0.10 0.08 
        or more; 
           (6) when the vehicle is a commercial motor vehicle and the 
        person's alcohol concentration at the time, or as measured 
        within two hours of the time, of driving, operating, or being in 
        physical control of the commercial motor vehicle is 0.04 or 
        more; or 
           (7) when the person's body contains any amount of a 
        controlled substance listed in schedule I or II other than 
        marijuana or tetrahydrocannabinols. 
           Sec. 4.  Minnesota Statutes 2002, section 169A.51, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [IMPLIED CONSENT; CONDITIONS; ELECTION OF 
        TEST.] (a) Any person who drives, operates, or is in physical 
        control of a motor vehicle within this state or on any boundary 
        water of this state consents, subject to the provisions of 
        sections 169A.50 to 169A.53 (implied consent law), and section 
        169A.20 (driving while impaired), to a chemical test of that 
        person's blood, breath, or urine for the purpose of determining 
        the presence of alcohol, controlled substances, or hazardous 
        substances.  The test must be administered at the direction of a 
        peace officer. 
           (b) The test may be required of a person when an officer 
        has probable cause to believe the person was driving, operating, 
        or in physical control of a motor vehicle in violation of 
        section 169A.20 (driving while impaired), and one of the 
        following conditions exist: 
           (1) the person has been lawfully placed under arrest for 
        violation of section 169A.20 or an ordinance in conformity with 
        it; 
           (2) the person has been involved in a motor vehicle 
        accident or collision resulting in property damage, personal 
        injury, or death; 
           (3) the person has refused to take the screening test 
        provided for by section 169A.41 (preliminary screening test); or 
           (4) the screening test was administered and indicated an 
        alcohol concentration of 0.10 0.08 or more. 
           (c) The test may also be required of a person when an 
        officer has probable cause to believe the person was driving, 
        operating, or in physical control of a commercial motor vehicle 
        with the presence of any alcohol. 
           Sec. 5.  Minnesota Statutes 2002, section 169A.52, 
        subdivision 2, is amended to read: 
           Subd. 2.  [REPORTING TEST FAILURE.] If a person submits to 
        a test, the results of that test must be reported to the 
        commissioner and to the authority having responsibility for 
        prosecution of impaired driving offenses for the jurisdiction in 
        which the acts occurred, if the test results indicate: 
           (1) an alcohol concentration of 0.10 0.08 or more; 
           (2) an alcohol concentration of 0.04 or more, if the person 
        was driving, operating, or in physical control of a commercial 
        motor vehicle at the time of the violation; or 
           (3) the presence of a controlled substance listed in 
        schedule I or II, other than marijuana or tetrahydrocannabinols. 
           Sec. 6.  Minnesota Statutes 2002, section 169A.52, 
        subdivision 4, is amended to read: 
           Subd. 4.  [TEST FAILURE; LICENSE REVOCATION.] (a) Upon 
        certification by the peace officer that there existed probable 
        cause to believe the person had been driving, operating, or in 
        physical control of a motor vehicle in violation of section 
        169A.20 (driving while impaired) and that the person submitted 
        to a test and the test results indicate an alcohol concentration 
        of 0.10 0.08 or more or the presence of a controlled substance 
        listed in schedule I or II, other than marijuana or 
        tetrahydrocannabinols, then the commissioner shall revoke the 
        person's license or permit to drive, or nonresident operating 
        privilege: 
           (1) for a period of 90 days; 
           (2) if the person is under the age of 21 years, for a 
        period of six months; 
           (3) for a person with a qualified prior impaired driving 
        incident within the past ten years, for a period of 180 days; or 
           (4) if the test results indicate an alcohol concentration 
        of 0.20 or more, for twice the applicable period in clauses (1) 
        to (3). 
           (b) On certification by the peace officer that there 
        existed probable cause to believe the person had been driving, 
        operating, or in physical control of a commercial motor vehicle 
        with any presence of alcohol and that the person submitted to a 
        test and the test results indicated an alcohol concentration of 
        0.04 or more, the commissioner shall disqualify the person from 
        operating a commercial motor vehicle under section 171.165 
        (commercial driver's license disqualification). 
           Sec. 7.  Minnesota Statutes 2002, section 169A.52, 
        subdivision 7, is amended to read: 
           Subd. 7.  [TEST REFUSAL; DRIVING PRIVILEGE LOST.] (a) On 
        behalf of the commissioner, a peace officer requiring a test or 
        directing the administration of a chemical test shall serve 
        immediate notice of intention to revoke and of revocation on a 
        person who refuses to permit a test or on a person who submits 
        to a test the results of which indicate an alcohol concentration 
        of 0.10 0.08 or more. 
           (b) On behalf of the commissioner, a peace officer 
        requiring a test or directing the administration of a chemical 
        test of a person driving, operating, or in physical control of a 
        commercial motor vehicle shall serve immediate notice of 
        intention to disqualify and of disqualification on a person who 
        refuses to permit a test, or on a person who submits to a test 
        the results of which indicate an alcohol concentration of 0.04 
        or more. 
           (c) The officer shall either: 
           (1) take the driver's license or permit, if any, send it to 
        the commissioner along with the certificate required by 
        subdivision 3 or 4, and issue a temporary license effective only 
        for seven days; or 
           (2) invalidate the driver's license or permit in such a way 
        that no identifying information is destroyed. 
           Sec. 8.  Minnesota Statutes 2003 Supplement, section 
        169A.53, subdivision 3, is amended to read: 
           Subd. 3.  [JUDICIAL HEARING; ISSUES, ORDER, APPEAL.] (a) A 
        judicial review hearing under this section must be before a 
        district judge in any county in the judicial district where the 
        alleged offense occurred.  The hearing is to the court and may 
        be conducted at the same time and in the same manner as hearings 
        upon pretrial motions in the criminal prosecution under section 
        169A.20 (driving while impaired), if any.  The hearing must be 
        recorded.  The commissioner shall appear and be represented by 
        the attorney general or through the prosecuting authority for 
        the jurisdiction involved.  The judicial district administrator 
        shall establish procedures to ensure efficient compliance with 
        this subdivision.  To accomplish this, the administrator may, 
        whenever possible, consolidate and transfer review hearings 
        among the locations within the judicial district where terms of 
        district court are held. 
           (b) The scope of the hearing is limited to the issues in 
        clauses (1) to (10): 
           (1) Did the peace officer have probable cause to believe 
        the person was driving, operating, or in physical control of a 
        motor vehicle or commercial motor vehicle in violation of 
        section 169A.20 (driving while impaired)? 
           (2) Was the person lawfully placed under arrest for 
        violation of section 169A.20? 
           (3) Was the person involved in a motor vehicle accident or 
        collision resulting in property damage, personal injury, or 
        death? 
           (4) Did the person refuse to take a screening test provided 
        for by section 169A.41 (preliminary screening test)? 
           (5) If the screening test was administered, did the test 
        indicate an alcohol concentration of 0.10 0.08 or more? 
           (6) At the time of the request for the test, did the peace 
        officer inform the person of the person's rights and the 
        consequences of taking or refusing the test as required by 
        section 169A.51, subdivision 2? 
           (7) Did the person refuse to permit the test? 
           (8) If a test was taken by a person driving, operating, or 
        in physical control of a motor vehicle, did the test results 
        indicate at the time of testing: 
           (i) an alcohol concentration of 0.10 0.08 or more; or 
           (ii) the presence of a controlled substance listed in 
        schedule I or II, other than marijuana or tetrahydrocannabinols? 
           (9) If a test was taken by a person driving, operating, or 
        in physical control of a commercial motor vehicle, did the test 
        results indicate an alcohol concentration of 0.04 or more at the 
        time of testing? 
           (10) Was the testing method used valid and reliable and 
        were the test results accurately evaluated? 
           (c) It is an affirmative defense for the petitioner to 
        prove that, at the time of the refusal, the petitioner's refusal 
        to permit the test was based upon reasonable grounds. 
           (d) Certified or otherwise authenticated copies of 
        laboratory or medical personnel reports, records, documents, 
        licenses, and certificates are admissible as substantive 
        evidence. 
           (e) The court shall order that the revocation or 
        disqualification be either rescinded or sustained and forward 
        the order to the commissioner.  If the revocation or 
        disqualification is sustained, the court shall also forward the 
        person's driver's license or permit to the commissioner for 
        further action by the commissioner if the license or permit is 
        not already in the commissioner's possession. 
           (f) Any party aggrieved by the decision of the reviewing 
        court may appeal the decision as provided in the Rules of 
        Appellate Procedure. 
           (g) The civil hearing under this section shall not give 
        rise to an estoppel on any issues arising from the same set of 
        circumstances in any criminal prosecution. 
           Sec. 9.  Minnesota Statutes 2002, section 169A.54, 
        subdivision 7, is amended to read: 
           Subd. 7.  [ALCOHOL-RELATED COMMERCIAL VEHICLE DRIVING 
        VIOLATIONS.] (a) The administrative penalties described in 
        subdivision 1 do not apply to violations of section 169A.20, 
        subdivision 1 (driving while impaired crime), by a person 
        operating a commercial motor vehicle unless the person's alcohol 
        concentration as measured at the time, or within two hours of 
        the time, of the operation was 0.10 0.08 or more or the person 
        violates section 169A.20, subdivision 1, clauses (1) to (4) or 
        (7). 
           (b) The commissioner shall disqualify a person from 
        operating a commercial motor vehicle as provided under section 
        171.165 (commercial driver's license, disqualification), on 
        receipt of a record of conviction for a violation of section 
        169A.20.  
           (c) A person driving, operating, or in physical control of 
        a commercial motor vehicle with any presence of alcohol is 
        prohibited from operating a commercial motor vehicle for 24 
        hours from issuance of an out-of-service order. 
           Sec. 10.  Minnesota Statutes 2002, section 169A.76, is 
        amended to read: 
           169A.76 [CIVIL ACTION; PUNITIVE DAMAGES.] 
           (a) In a civil action involving a motor vehicle accident, 
        it is sufficient for the trier of fact to consider an award of 
        punitive damages if there is evidence that the accident was 
        caused by a driver: 
           (1) with an alcohol concentration of 0.10 0.08 or more; 
           (2) who was under the influence of a controlled substance; 
           (3) who was under the influence of alcohol and refused to 
        take a test required under section 169A.51 (chemical tests for 
        intoxication); or 
           (4) who was knowingly under the influence of a hazardous 
        substance that substantially affects the person's nervous 
        system, brain, or muscles so as to impair the person's ability 
        to drive or operate a motor vehicle. 
           (b) A criminal charge or conviction is not a prerequisite 
        to consideration of punitive damages under this section.  At the 
        trial in an action where the trier of fact will consider an 
        award of punitive damages, evidence that the driver has been 
        convicted of violating section 169A.20 (driving while impaired) 
        or 609.21 (criminal vehicular homicide and injury) is admissible 
        into evidence. 
           Sec. 11.  Minnesota Statutes 2002, section 171.12, 
        subdivision 3, is amended to read: 
           Subd. 3.  [APPLICATION AND RECORD, WHEN DESTROYED.] The 
        department may cause applications for drivers' licenses, 
        provisional licenses, and instruction permits, and related 
        records, to be destroyed immediately after the period for which 
        issued, except that: 
           (1) the driver's record pertaining to revocations, 
        suspensions, cancellations, disqualifications, convictions, and 
        accidents shall be cumulative and kept for a period of at least 
        five years; and 
           (2) the driver's record pertaining to the alcohol-related 
        offenses and licensing actions listed in section 169A.03, 
        subdivisions 20 and 21, and to violations of sections 169A.31 
        and 171.24, subdivision 5, shall be cumulative and kept for a 
        period of at least 15 years, except as provided in clause (3); 
        and 
           (3) the driver's record pertaining to an offense, or a 
        related licensing action, under section 169A.20, subdivision 1, 
        clause (1) or (5), must be purged after ten years of any 
        reference to the offense or action if (i) this offense or action 
        involved an alcohol concentration of 0.08 or more but less than 
        0.10, (ii) this offense or action was a first impaired driving 
        incident, and (iii) the driver has incurred no other impaired 
        driving incident during the ten-year period.  For purposes of 
        this clause, "impaired driving incident" includes any incident 
        that may be counted as a prior impaired driving conviction or a 
        prior impaired driving-related loss of license, as defined in 
        section 169A.03, subdivisions 20 and 21.  This clause does not 
        apply to the driver's record of a person to whom a commercial 
        driver's license has been issued. 
           Sec. 12.  Minnesota Statutes 2002, section 192A.555, is 
        amended to read: 
           192A.555 [DRIVING WHILE UNDER THE INFLUENCE OR RECKLESS 
        DRIVING.] 
           Any person subject to this code who drives, operates or is 
        in physical control of any motor vehicle or aircraft while under 
        the influence of an alcoholic beverage or controlled substance 
        or a combination thereof or whose blood contains 0.10 0.08 
        percent or more by weight of alcohol or who operates said motor 
        vehicle or aircraft in a reckless or wanton manner, shall be 
        punished as a court-martial may direct.  
           Sec. 13.  Minnesota Statutes 2002, section 609.21, is 
        amended to read: 
           609.21 [CRIMINAL VEHICULAR HOMICIDE AND INJURY.] 
           Subdivision 1.  [CRIMINAL VEHICULAR HOMICIDE.] A person is 
        guilty of criminal vehicular homicide resulting in death and may 
        be sentenced to imprisonment for not more than ten years or to 
        payment of a fine of not more than $20,000, or both, if the 
        person causes the death of a human being not constituting murder 
        or manslaughter as a result of operating a motor vehicle: 
           (1) in a grossly negligent manner; 
           (2) in a negligent manner while under the influence of: 
           (i) alcohol; 
           (ii) a controlled substance; or 
           (iii) any combination of those elements; 
           (3) while having an alcohol concentration of 0.10 0.08 or 
        more; 
           (4) while having an alcohol concentration of 0.10 0.08 or 
        more, as measured within two hours of the time of driving; 
           (5) in a negligent manner while knowingly under the 
        influence of a hazardous substance; 
           (6) in a negligent manner while any amount of a controlled 
        substance listed in schedule I or II, other than marijuana or 
        tetrahydrocannabinols, is present in the person's body; or 
           (7) where the driver who causes the accident leaves the 
        scene of the accident in violation of section 169.09, 
        subdivision 1 or 6. 
           Subd. 2.  [RESULTING IN GREAT BODILY HARM.] A person is 
        guilty of criminal vehicular operation resulting in great bodily 
        harm and may be sentenced to imprisonment for not more than five 
        years or to payment of a fine of not more than $10,000, or both, 
        if the person causes great bodily harm to another, not 
        constituting attempted murder or assault, as a result of 
        operating a motor vehicle: 
           (1) in a grossly negligent manner; 
           (2) in a negligent manner while under the influence of: 
           (i) alcohol; 
           (ii) a controlled substance; or 
           (iii) any combination of those elements; 
           (3) while having an alcohol concentration of 0.10 0.08 or 
        more; 
           (4) while having an alcohol concentration of 0.10 0.08 or 
        more, as measured within two hours of the time of driving; 
           (5) in a negligent manner while knowingly under the 
        influence of a hazardous substance; 
           (6) in a negligent manner while any amount of a controlled 
        substance listed in schedule I or II, other than marijuana or 
        tetrahydrocannabinols, is present in the person's body; or 
           (7) where the driver who causes the accident leaves the 
        scene of the accident in violation of section 169.09, 
        subdivision 1 or 6. 
           Subd. 2a.  [RESULTING IN SUBSTANTIAL BODILY HARM.] A person 
        is guilty of criminal vehicular operation resulting in 
        substantial bodily harm and may be sentenced to imprisonment of 
        not more than three years or to payment of a fine of not more 
        than $10,000, or both, if the person causes substantial bodily 
        harm to another, as a result of operating a motor vehicle; 
           (1) in a grossly negligent manner; 
           (2) in a negligent manner while under the influence of: 
           (i) alcohol; 
           (ii) a controlled substance; or 
           (iii) any combination of those elements; 
           (3) while having an alcohol concentration of 0.10 0.08 or 
        more; 
           (4) while having an alcohol concentration of 0.10 0.08 or 
        more, as measured within two hours of the time of driving; 
           (5) in a negligent manner while knowingly under the 
        influence of a hazardous substance; 
           (6) in a negligent manner while any amount of a controlled 
        substance listed in schedule I or II, other than marijuana or 
        tetrahydrocannabinols, is present in the person's body; or 
           (7) where the driver who causes the accident leaves the 
        scene of the accident in violation of section 169.09, 
        subdivision 1 or 6. 
           Subd. 2b.  [RESULTING IN BODILY HARM.] A person is guilty 
        of criminal vehicular operation resulting in bodily harm and may 
        be sentenced to imprisonment for not more than one year or to 
        payment of a fine of not more than $3,000, or both, if the 
        person causes bodily harm to another, as a result of operating a 
        motor vehicle: 
           (1) in a grossly negligent manner; 
           (2) in a negligent manner while under the influence of: 
           (i) alcohol; 
           (ii) a controlled substance; or 
           (iii) any combination of those elements; 
           (3) while having an alcohol concentration of 0.10 0.08 or 
        more; 
           (4) while having an alcohol concentration of 0.10 0.08 or 
        more, as measured within two hours of the time of driving; 
           (5) in a negligent manner while knowingly under the 
        influence of a hazardous substance; 
           (6) in a negligent manner while any amount of a controlled 
        substance listed in schedule I or II, other than marijuana or 
        tetrahydrocannabinols, is present in the person's body; or 
           (7) where the driver who causes the accident leaves the 
        scene of the accident in violation of section 169.09, 
        subdivision 1 or 6. 
           Subd. 3.  [RESULTING IN DEATH TO AN UNBORN CHILD.] A person 
        is guilty of criminal vehicular operation resulting in death to 
        an unborn child and may be sentenced to imprisonment for not 
        more than ten years or to payment of a fine of not more than 
        $20,000, or both, if the person causes the death of an unborn 
        child as a result of operating a motor vehicle: 
           (1) in a grossly negligent manner; 
           (2) in a negligent manner while under the influence of: 
           (i) alcohol; 
           (ii) a controlled substance; or 
           (iii) any combination of those elements; 
           (3) while having an alcohol concentration of 0.10 0.08 or 
        more; 
           (4) while having an alcohol concentration of 0.10 0.08 or 
        more, as measured within two hours of the time of driving; 
           (5) in a negligent manner while knowingly under the 
        influence of a hazardous substance; 
           (6) in a negligent manner while any amount of a controlled 
        substance listed in schedule I or II, other than marijuana or 
        tetrahydrocannabinols, is present in the person's body; or 
           (7) where the driver who causes the accident leaves the 
        scene of the accident in violation of section 169.09, 
        subdivision 1 or 6.  
           A prosecution for or conviction of a crime under this 
        subdivision is not a bar to conviction of or punishment for any 
        other crime committed by the defendant as part of the same 
        conduct. 
           Subd. 4.  [RESULTING IN INJURY TO UNBORN CHILD.] A person 
        is guilty of criminal vehicular operation resulting in injury to 
        an unborn child and may be sentenced to imprisonment for not 
        more than five years or to payment of a fine of not more than 
        $10,000, or both, if the person causes great bodily harm to an 
        unborn child who is subsequently born alive, as a result of 
        operating a motor vehicle: 
           (1) in a grossly negligent manner; 
           (2) in a negligent manner while under the influence of:  
           (i) alcohol; 
           (ii) a controlled substance; or 
           (iii) any combination of those elements; 
           (3) while having an alcohol concentration of 0.10 0.08 or 
        more; 
           (4) while having an alcohol concentration of 0.10 0.08 or 
        more, as measured within two hours of the time of driving; 
           (5) in a negligent manner while knowingly under the 
        influence of a hazardous substance; 
           (6) in a negligent manner while any amount of a controlled 
        substance listed in schedule I or II, other than marijuana or 
        tetrahydrocannabinols, is present in the person's body; or 
           (7) where the driver who causes the accident leaves the 
        scene of the accident in violation of section 169.09, 
        subdivision 1 or 6.  
           A prosecution for or conviction of a crime under this 
        subdivision is not a bar to conviction of or punishment for any 
        other crime committed by the defendant as part of the same 
        conduct. 
           Subd. 4a.  [AFFIRMATIVE DEFENSE.] It shall be an 
        affirmative defense to a charge under subdivision 1, clause (6); 
        2, clause (6); 2a, clause (6); 2b, clause (6); 3, clause (6); or 
        4, clause (6), that the defendant used the controlled substance 
        according to the terms of a prescription issued for the 
        defendant in accordance with sections 152.11 and 152.12. 
           Subd. 5.  [DEFINITIONS.] For purposes of this section, the 
        terms defined in this subdivision have the meanings given them. 
           (a) "Motor vehicle" has the meaning given in section 
        609.52, subdivision 1. 
           (b) "Controlled substance" has the meaning given in section 
        152.01, subdivision 4. 
           (c) "Hazardous substance" means any chemical or chemical 
        compound that is listed as a hazardous substance in rules 
        adopted under chapter 182. 
           Sec. 14.  [COLLECTION OF INFORMATION; REPORT REQUIRED.] 
           (a) The chief law enforcement officer of each law 
        enforcement agency shall report the following information to the 
        commissioner of public safety relating to alcohol concentration 
        tests, including chemical tests of a person's blood, breath, or 
        urine, and preliminary screening tests, administered by peace 
        officers in the agency and occurring from August 1, 2005, to 
        July 31, 2006:  
           (1) the initial reason for the interaction between the 
        officer and the person tested, including, but not limited to, 
        such reasons as traffic violations, erratic driving, citizen 
        tips, or traffic accidents; and 
           (2) the person's alcohol concentration.  
           (b) The chief law enforcement officer shall report the 
        information specified in paragraph (a) in a manner specified by 
        the commissioner.  
           (c) By January 15, 2007, the commissioner shall report a 
        summary of the information collected from law enforcement 
        agencies under this section to the chairs and ranking minority 
        members of the senate and house committees having jurisdiction 
        over criminal justice policy. 
           Sec. 15.  [EFFECTIVE DATE.] 
           Sections 1 to 13 are effective August 1, 2005, and apply to 
        offenses committed on or after that date. 
           Presented to the governor May 18, 2004 
           Signed by the governor May 27, 2004, 1:20 p.m.

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