1.1                          A bill for an act
  1.2             relating to crimes; driving while impaired; increasing 
  1.3             penalties and decreasing the per se level of alcohol 
  1.4             concentration for certain violations of the criminal 
  1.5             vehicular homicide and operation law; expanding the 
  1.6             scope of that crime; including DWI with a commercial 
  1.7             vehicle into the definition of prior DWI offenses; 
  1.8             making technical changes; amending Minnesota Statutes 
  1.9             1996, sections 169.121, subdivision 3; and 609.21.  
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1996, section 169.121, 
  1.12  subdivision 3, is amended to read: 
  1.13     Subd. 3.  [CRIMINAL PENALTIES.] (a) As used in this 
  1.14  subdivision:  
  1.15     (1) "Prior impaired driving conviction" means a prior 
  1.16  conviction under: 
  1.17     (i) this section; or section 84.91, subdivision 1, 
  1.18  paragraph (a); 86B.331, subdivision 1, paragraph (a); 169.1211; 
  1.19  169.129; or 360.0752; 
  1.20     (ii) section 609.21, subdivision 1, clauses (2) to (6) (7); 
  1.21  609.21, subdivision 2, clauses (2) to (6) (7); 609.21, 
  1.22  subdivision 2a, clauses (2) to (6) (7); 609.21, subdivision 2b, 
  1.23  clauses (2) to (6) (7); 609.21, subdivision 3, clauses (2) 
  1.24  to (6) (7); 609.21, or subdivision 4, clauses (2) 
  1.25  to (6) (7); or 
  1.26     (iii) an ordinance from this state, or a statute or 
  1.27  ordinance from another state, in conformity with any of them 
  2.1   provision listed in item (i) or (ii). 
  2.2   A prior impaired driving conviction also includes a prior 
  2.3   juvenile adjudication that would have been a prior impaired 
  2.4   driving conviction if committed by an adult; and. 
  2.5      (2) "Prior license revocation" means a driver's license 
  2.6   suspension, revocation, or cancellation, denial, or 
  2.7   disqualification under: 
  2.8      (i) this section; or section 169.1211, 169.123;, 171.04 
  2.9   ;, 171.14;, 171.16;, 171.165, 171.17;, or 171.18 because 
  2.10  of an alcohol-related incident; 
  2.11     (ii) section 609.21, subdivision 1, clauses (2) to (6) (7); 
  2.12  609.21, subdivision 2, clauses (2) to (6) (7); 609.21, 
  2.13  subdivision 2a, clauses (2) to (6) (7); 609.21, subdivision 2b, 
  2.14  clauses (2) to (6) (7); 609.21, subdivision 3, clauses (2) to 
  2.15  (6) (7); or 609.21, subdivision 4, clauses (2) to (6) (7); or 
  2.16     (iii) an ordinance from this state, or a statute or 
  2.17  ordinance from another state, in conformity with any of them 
  2.18  provision listed in item (i) or (ii); 
  2.19  provided, however, that for purposes of enhancing penalties 
  2.20  under this section, section 169.1211, or section 609.21, a prior 
  2.21  license revocation shall not be considered if it arose out of 
  2.22  the same driving incident that resulted in a prior impaired 
  2.23  driving conviction, as defined in clause (1). 
  2.24     (b) A person who violates subdivision 1 or 1a, or an 
  2.25  ordinance in conformity with either of them, is guilty of a 
  2.26  misdemeanor. 
  2.27     (c) A person is guilty of a gross misdemeanor under any of 
  2.28  the following circumstances: 
  2.29     (1) the person violates subdivision 1 or 1a, or an 
  2.30  ordinance in conformity with either of them, within five years 
  2.31  of either a prior impaired driving conviction or a prior license 
  2.32  revocation, or within ten years of the first of two or more 
  2.33  prior impaired driving convictions, two or more prior license 
  2.34  revocations, or a combination of a prior impaired driving 
  2.35  conviction and a prior license revocation; 
  2.36     (2) the person violates subdivision 1a within five years of 
  3.1   a prior license revocation, or within ten years of the first of 
  3.2   two or more prior license revocations; 
  3.3      (3) the person violates section 169.26 while in violation 
  3.4   of subdivision 1 or an ordinance in conformity with it; or 
  3.5      (4) (3) the person violates subdivision 1 or 1a, or an 
  3.6   ordinance in conformity with either of them, while a child under 
  3.7   the age of 16 is in the vehicle, if the child is more than 36 
  3.8   months younger than the violator. 
  3.9      (d) The attorney in the jurisdiction in which the violation 
  3.10  occurred who is responsible for prosecution of misdemeanor 
  3.11  violations of this section shall also be responsible for 
  3.12  prosecution of gross misdemeanor violations of this section. 
  3.13     (e) The court must impose consecutive sentences when it 
  3.14  sentences a person for a violation of this section or section 
  3.15  169.129 arising out of separate behavioral incidents.  The court 
  3.16  also must impose a consecutive sentence when it sentences a 
  3.17  person for a violation of this section or section 169.129 and 
  3.18  the person, at the time of sentencing, is on probation for, or 
  3.19  serving, an executed sentence for a violation of this section or 
  3.20  section 169.129 and the prior sentence involved a separate 
  3.21  behavioral incident.  The court also may order that the sentence 
  3.22  imposed for a violation of this section or section 169.129 shall 
  3.23  run consecutively to a previously imposed misdemeanor, gross 
  3.24  misdemeanor or felony sentence for a violation other than this 
  3.25  section or section 169.129. 
  3.26     (f) The court may impose consecutive sentences for offenses 
  3.27  arising out of a single course of conduct as permitted in 
  3.28  section 609.035, subdivision 2.  
  3.29     (g) When an attorney responsible for prosecuting gross 
  3.30  misdemeanors under this section requests criminal history 
  3.31  information relating to prior impaired driving convictions from 
  3.32  a court, the court must furnish the information without charge. 
  3.33     (h) A violation of subdivision 1a may be prosecuted either 
  3.34  in the jurisdiction where the arresting officer observed the 
  3.35  defendant driving, operating, or in control of the motor vehicle 
  3.36  or in the jurisdiction where the refusal occurred. 
  4.1      Sec. 2.  Minnesota Statutes 1996, section 609.21, is 
  4.2   amended to read: 
  4.3      609.21 [CRIMINAL VEHICULAR HOMICIDE AND INJURY.] 
  4.4      Subdivision 1.  [CRIMINAL VEHICULAR HOMICIDE.] Except as 
  4.5   otherwise provided in subdivision 4b, a person is guilty of 
  4.6   criminal vehicular homicide resulting in death and may be 
  4.7   sentenced to imprisonment for not more than ten years or to 
  4.8   payment of a fine of not more than $20,000, or both, if the 
  4.9   person causes the death of a human being not constituting murder 
  4.10  or manslaughter as a result of operating a motor vehicle: 
  4.11     (1) in a grossly negligent manner; 
  4.12     (2) in a negligent manner while under the influence of: 
  4.13     (i) alcohol; 
  4.14     (ii) a controlled substance; or 
  4.15     (iii) any combination of those elements; 
  4.16     (3) while having an alcohol concentration of 0.10 0.08 or 
  4.17  more; 
  4.18     (4) while having an alcohol concentration of 0.10 0.08 or 
  4.19  more, as measured within two hours of the time of driving; 
  4.20     (5) while having an alcohol concentration of 0.06 or more 
  4.21  at the time of driving or as measured within two hours of the 
  4.22  time of driving, if the driver commits the violation within five 
  4.23  years of either a prior impaired driving conviction or a prior 
  4.24  license revocation, or within ten years of the first of two or 
  4.25  more prior impaired driving convictions, two or more prior 
  4.26  license revocations, or a combination of a prior impaired 
  4.27  driving conviction and a prior license revocation; 
  4.28     (6) in a negligent manner while knowingly under the 
  4.29  influence of a hazardous substance; 
  4.30     (6) (7) in a negligent manner while any amount of a 
  4.31  controlled substance listed in schedule I or II, other than 
  4.32  marijuana or tetrahydrocannabinols, is present in the person's 
  4.33  body; or 
  4.34     (7) (8) where the driver who causes the accident leaves the 
  4.35  scene of the accident in violation of section 169.09, 
  4.36  subdivision 1 or 6. 
  5.1      Subd. 2.  [RESULTING IN GREAT BODILY HARM.] Except as 
  5.2   otherwise provided in subdivision 4b, a person is guilty of 
  5.3   criminal vehicular operation resulting in great bodily harm and 
  5.4   may be sentenced to imprisonment for not more than five years or 
  5.5   to payment of a fine of not more than $10,000, or both, if the 
  5.6   person causes great bodily harm to another, not constituting 
  5.7   attempted murder or assault, as a result of operating a motor 
  5.8   vehicle: 
  5.9      (1) in a grossly negligent manner; 
  5.10     (2) in a negligent manner while under the influence of: 
  5.11     (i) alcohol; 
  5.12     (ii) a controlled substance; or 
  5.13     (iii) any combination of those elements; 
  5.14     (3) while having an alcohol concentration of 0.10 0.08 or 
  5.15  more; 
  5.16     (4) while having an alcohol concentration of 0.10 0.08 or 
  5.17  more, as measured within two hours of the time of driving; 
  5.18     (5) while having an alcohol concentration of 0.06 or more 
  5.19  at the time of driving or as measured within two hours of the 
  5.20  time of driving, if the driver commits the violation within five 
  5.21  years of either a prior impaired driving conviction or a prior 
  5.22  license revocation, or within ten years of the first of two or 
  5.23  more prior impaired driving convictions, two or more prior 
  5.24  license revocations, or a combination of a prior impaired 
  5.25  driving conviction and a prior license revocation; 
  5.26     (6) in a negligent manner while knowingly under the 
  5.27  influence of a hazardous substance; 
  5.28     (6) (7) in a negligent manner while any amount of a 
  5.29  controlled substance listed in schedule I or II, other than 
  5.30  marijuana or tetrahydrocannabinols, is present in the person's 
  5.31  body; or 
  5.32     (7) (8) where the driver who causes the accident leaves the 
  5.33  scene of the accident in violation of section 169.09, 
  5.34  subdivision 1 or 6. 
  5.35     Subd. 2a.  [RESULTING IN SUBSTANTIAL BODILY HARM.] Except 
  5.36  as otherwise provided in subdivision 4b, a person is guilty of 
  6.1   criminal vehicular operation resulting in substantial bodily 
  6.2   harm and may be sentenced to imprisonment of not more than three 
  6.3   years or to payment of a fine of not more than $10,000, or both, 
  6.4   if the person causes substantial bodily harm to another, as a 
  6.5   result of operating a motor vehicle; 
  6.6      (1) in a grossly negligent manner; 
  6.7      (2) in a negligent manner while under the influence of: 
  6.8      (i) alcohol; 
  6.9      (ii) a controlled substance; or 
  6.10     (iii) any combination of those elements; 
  6.11     (3) while having an alcohol concentration of 0.10 0.08 or 
  6.12  more; 
  6.13     (4) while having an alcohol concentration of 0.10 0.08 or 
  6.14  more, as measured within two hours of the time of driving; 
  6.15     (5) while having an alcohol concentration of 0.06 or more 
  6.16  at the time of driving or as measured within two hours of the 
  6.17  time of driving, if the driver commits the violation within five 
  6.18  years of either a prior impaired driving conviction or a prior 
  6.19  license revocation, or within ten years of the first of two or 
  6.20  more prior impaired driving convictions, two or more prior 
  6.21  license revocations, or a combination of a prior impaired 
  6.22  driving conviction and a prior license revocation; 
  6.23     (6) in a negligent manner while knowingly under the 
  6.24  influence of a hazardous substance; 
  6.25     (6) (7) in a negligent manner while any amount of a 
  6.26  controlled substance listed in schedule I or II, other than 
  6.27  marijuana or tetrahydrocannabinols, is present in the person's 
  6.28  body; or 
  6.29     (7) (8) where the driver who causes the accident leaves the 
  6.30  scene of the accident in violation of section 169.09, 
  6.31  subdivision 1 or 6. 
  6.32     Subd. 2b.  [RESULTING IN BODILY HARM.] Except as otherwise 
  6.33  provided in subdivision 4b, a person is guilty of criminal 
  6.34  vehicular operation resulting in bodily harm and may be 
  6.35  sentenced to imprisonment for not more than one year or to 
  6.36  payment of a fine of not more than $3,000, or both, if the 
  7.1   person causes bodily harm to another, as a result of operating a 
  7.2   motor vehicle: 
  7.3      (1) in a grossly negligent manner; 
  7.4      (2) in a negligent manner while under the influence of: 
  7.5      (i) alcohol; 
  7.6      (ii) a controlled substance; or 
  7.7      (iii) any combination of those elements; 
  7.8      (3) while having an alcohol concentration of 0.10 0.08 or 
  7.9   more; 
  7.10     (4) while having an alcohol concentration of 0.10 0.08 or 
  7.11  more, as measured within two hours of the time of driving; 
  7.12     (5) while having an alcohol concentration of 0.06 or more 
  7.13  at the time of driving or as measured within two hours of the 
  7.14  time of driving, if the driver commits the violation within five 
  7.15  years of either a prior impaired driving conviction or a prior 
  7.16  license revocation, or within ten years of the first of two or 
  7.17  more prior impaired driving convictions, two or more prior 
  7.18  license revocations, or a combination of a prior impaired 
  7.19  driving conviction and a prior license revocation; 
  7.20     (6) in a negligent manner while knowingly under the 
  7.21  influence of a hazardous substance; 
  7.22     (6) (7) in a negligent manner while any amount of a 
  7.23  controlled substance listed in schedule I or II, other than 
  7.24  marijuana or tetrahydrocannabinols, is present in the person's 
  7.25  body; or 
  7.26     (7) (8) where the driver who causes the accident leaves the 
  7.27  scene of the accident in violation of section 169.09, 
  7.28  subdivision 1 or 6. 
  7.29     Subd. 3.  [RESULTING IN DEATH TO AN UNBORN CHILD.] Except 
  7.30  as otherwise provided in subdivision 4b, a person is guilty of 
  7.31  criminal vehicular operation resulting in death to an unborn 
  7.32  child and may be sentenced to imprisonment for not more than ten 
  7.33  years or to payment of a fine of not more than $20,000, or both, 
  7.34  if the person causes the death of an unborn child as a result of 
  7.35  operating a motor vehicle: 
  7.36     (1) in a grossly negligent manner; 
  8.1      (2) in a negligent manner while under the influence of: 
  8.2      (i) alcohol; 
  8.3      (ii) a controlled substance; or 
  8.4      (iii) any combination of those elements; 
  8.5      (3) while having an alcohol concentration of 0.10 0.08 or 
  8.6   more; 
  8.7      (4) while having an alcohol concentration of 0.10 0.08 or 
  8.8   more, as measured within two hours of the time of driving; 
  8.9      (5) while having an alcohol concentration of 0.06 or more 
  8.10  at the time of driving or as measured within two hours of the 
  8.11  time of driving, if the driver commits the violation within five 
  8.12  years of either a prior impaired driving conviction or a prior 
  8.13  license revocation, or within ten years of the first of two or 
  8.14  more prior impaired driving convictions, two or more prior 
  8.15  license revocations, or a combination of a prior impaired 
  8.16  driving conviction and a prior license revocation; 
  8.17     (6) in a negligent manner while knowingly under the 
  8.18  influence of a hazardous substance; 
  8.19     (6) (7) in a negligent manner while any amount of a 
  8.20  controlled substance listed in schedule I or II, other than 
  8.21  marijuana or tetrahydrocannabinols, is present in the person's 
  8.22  body; or 
  8.23     (7) (8) where the driver who causes the accident leaves the 
  8.24  scene of the accident in violation of section 169.09, 
  8.25  subdivision 1 or 6.  
  8.26     A prosecution for or conviction of a crime under this 
  8.27  subdivision is not a bar to conviction of or punishment for any 
  8.28  other crime committed by the defendant as part of the same 
  8.29  conduct. 
  8.30     Subd. 4.  [RESULTING IN INJURY TO UNBORN CHILD.] Except as 
  8.31  otherwise provided in subdivision 4b, a person is guilty of 
  8.32  criminal vehicular operation resulting in injury to an unborn 
  8.33  child and may be sentenced to imprisonment for not more than 
  8.34  five years or to payment of a fine of not more than $10,000, or 
  8.35  both, if the person causes great bodily harm to an unborn child 
  8.36  who is subsequently born alive, as a result of operating a motor 
  9.1   vehicle: 
  9.2      (1) in a grossly negligent manner; 
  9.3      (2) in a negligent manner while under the influence of:  
  9.4      (i) alcohol; 
  9.5      (ii) a controlled substance; or 
  9.6      (iii) any combination of those elements; 
  9.7      (3) while having an alcohol concentration of 0.10 0.08 or 
  9.8   more; 
  9.9      (4) while having an alcohol concentration of 0.10 0.08 or 
  9.10  more, as measured within two hours of the time of driving; 
  9.11     (5) while having an alcohol concentration of 0.06 or more 
  9.12  at the time of driving or as measured within two hours of the 
  9.13  time of driving, if the driver commits the violation within five 
  9.14  years of either a prior impaired driving conviction or a prior 
  9.15  license revocation, or within ten years of the first of two or 
  9.16  more prior impaired driving convictions, two or more prior 
  9.17  license revocations, or a combination of a prior impaired 
  9.18  driving conviction and a prior license revocation; 
  9.19     (6) in a negligent manner while knowingly under the 
  9.20  influence of a hazardous substance; 
  9.21     (6) (7) in a negligent manner while any amount of a 
  9.22  controlled substance listed in schedule I or II, other than 
  9.23  marijuana or tetrahydrocannabinols, is present in the person's 
  9.24  body; or 
  9.25     (7) (8) where the driver who causes the accident leaves the 
  9.26  scene of the accident in violation of section 169.09, 
  9.27  subdivision 1 or 6.  
  9.28     A prosecution for or conviction of a crime under this 
  9.29  subdivision is not a bar to conviction of or punishment for any 
  9.30  other crime committed by the defendant as part of the same 
  9.31  conduct. 
  9.32     Subd. 4a.  [AFFIRMATIVE DEFENSE.] It shall be an 
  9.33  affirmative defense to a charge under subdivision 1, 
  9.34  clause (6) (7); 2, clause (6) (7); 2a, clause (6) (7); 2b, 
  9.35  clause (6) (7); 3, clause (6) (7); or 4, clause (6) (7), 
  9.36  that the defendant used the controlled substance according to 
 10.1   the terms of a prescription issued for the defendant in 
 10.2   accordance with sections 152.11 and 152.12.  
 10.3      Subd. 4b.  [AGGRAVATED CRIMINAL VEHICULAR HOMICIDE OR 
 10.4   OPERATION.] (a) A person is guilty of aggravated criminal 
 10.5   vehicular homicide or operation and may be sentenced as provided 
 10.6   in paragraphs (b) to (e), if the person violates this section 
 10.7   within ten years of the first of two or more prior impaired 
 10.8   driving convictions, two or more prior license revocations, or a 
 10.9   combination of a prior impaired driving conviction and a prior 
 10.10  license revocation. 
 10.11     (b) A person described in paragraph (a) who violates 
 10.12  subdivision 1 or 3 may be sentenced to imprisonment for not more 
 10.13  than 15 years or to payment of a fine of not more than $30,000, 
 10.14  or both. 
 10.15     (c) A person described in paragraph (a) who violates 
 10.16  subdivision 2 or 4 may be sentenced to imprisonment for not more 
 10.17  than ten years or to payment of a fine of not more than $20,000, 
 10.18  or both. 
 10.19     (d) A person described in paragraph (a) who violates 
 10.20  subdivision 2a may be sentenced to imprisonment for not more 
 10.21  than five years or to payment of a fine of not more than 
 10.22  $10,000, or both. 
 10.23     (e) A person described in paragraph (a) who violates 
 10.24  subdivision 2b may be sentenced to imprisonment for not more 
 10.25  than one year and a day or to payment of a fine of not more than 
 10.26  $3,000, or both. 
 10.27     Subd. 5.  [DEFINITIONS.] For purposes of this section, the 
 10.28  terms defined in this subdivision have the meanings given them. 
 10.29     (a) "Motor vehicle" has the meaning given in section 
 10.30  609.52, subdivision 1. 
 10.31     (b) "Controlled substance" has the meaning given in section 
 10.32  152.01, subdivision 4. 
 10.33     (c) "Hazardous substance" means any chemical or chemical 
 10.34  compound that is listed as a hazardous substance in rules 
 10.35  adopted under chapter 182. 
 10.36     (d) "Prior impaired driving conviction" has the meaning 
 11.1   given in section 169.121, subdivision 3. 
 11.2      (e) "Prior license revocation" has the meaning given in 
 11.3   section 169.121, subdivision 3. 
 11.4      Sec. 3.  [SENTENCING GUIDELINES MODIFICATIONS.] 
 11.5      The sentencing guidelines commission shall modify the 
 11.6   sentencing guidelines and the sentencing guidelines grid by 
 11.7   ranking each aggravated criminal vehicular homicide or operation 
 11.8   crime described in Minnesota Statutes, section 609.21, 
 11.9   subdivision 4b, paragraphs (b) to (d), one severity level higher 
 11.10  than the ranking given to nonaggravated violations of the crime 
 11.11  of criminal vehicular homicide or operation. 
 11.12     Sec. 4.  [EFFECTIVE DATE.] 
 11.13     Sections 1 to 3 are effective August 1, 1997, and apply to 
 11.14  crimes committed on or after that date.