1.1                          A bill for an act 
  1.2             relating to driving while impaired; imposing felony 
  1.3             penalty on persons convicted of four or more 
  1.4             DWI-related offenses within ten-year period; making 
  1.5             technical, conforming changes; appropriating money; 
  1.6             amending Minnesota Statutes 2000, sections 169A.20, 
  1.7             subdivision 3; 169A.25, subdivision 1; 169A.275, 
  1.8             subdivisions 3 and 4; 169A.277, subdivision 1; 
  1.9             169A.28; 169A.40, subdivision 3; 169A.44; 169A.54, 
  1.10            subdivision 1; 169A.60, subdivision 1; 169A.63, 
  1.11            subdivision 1; and 609.135, subdivision 2; proposing 
  1.12            coding for new law in Minnesota Statutes, chapter 169A.
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 2000, section 169A.20, 
  1.15  subdivision 3, is amended to read: 
  1.16     Subd. 3.  [SENTENCE.] A person who violates this section 
  1.17  may be sentenced as provided in section 169A.24 (felony driving 
  1.18  while impaired), 169A.25 (first-degree driving while impaired), 
  1.19  169A.26 (second-degree driving while impaired), or 169A.27 
  1.20  (third-degree driving while impaired). 
  1.21     Sec. 2.  [169A.24] [FELONY DRIVING WHILE IMPAIRED.] 
  1.22     Subdivision 1.  [FELONY DESCRIBED.] A person who violates 
  1.23  section 169A.20 (driving while impaired) is guilty of a felony 
  1.24  driving while impaired if: 
  1.25     (1) three aggravating factors were present when the 
  1.26  violation was committed; 
  1.27     (2) the violation of section 169A.20 was committed within 
  1.28  ten years of the first of three or more prior impaired driving 
  1.29  convictions; or 
  2.1      (3) the violation of section 169A.20 was committed within 
  2.2   ten years of a previous felony driving while impaired conviction.
  2.3      Subd. 2.  [CRIMINAL PENALTY.] A violation of subdivision 1 
  2.4   is a felony, punishable by imprisonment not to exceed five 
  2.5   years, a fine not to exceed $10,000, or both.  The mandatory 
  2.6   penalties described in section 169A.275 and the long-term 
  2.7   monitoring described in section 169A.277 may be applicable. 
  2.8      Sec. 3.  Minnesota Statutes 2000, section 169A.25, 
  2.9   subdivision 1, is amended to read: 
  2.10     Subdivision 1.  [DEGREE DESCRIBED.] A person who violates 
  2.11  section 169A.20 (driving while impaired) is guilty of 
  2.12  first-degree driving while impaired if two or more aggravating 
  2.13  factors were present when the violation was committed. 
  2.14     Sec. 4.  Minnesota Statutes 2000, section 169A.275, 
  2.15  subdivision 3, is amended to read: 
  2.16     Subd. 3.  [FOURTH OFFENSE.] (a) The court shall sentence a 
  2.17  person who to a term of imprisonment not to exceed three years, 
  2.18  to a fine not to exceed $6,000, or both, if the person is 
  2.19  convicted of a violation of section 169A.20 (driving while 
  2.20  impaired) within ten years: 
  2.21     (1) of the first of three qualified prior impaired driving 
  2.22  incidents; or 
  2.23     (2) of a previous conviction under section 169A.24 (felony 
  2.24  driving while impaired). 
  2.25     (b) If the court stays the execution of sentence imposed 
  2.26  under paragraph (a), it must sentence the person, as a condition 
  2.27  of probation, to either: 
  2.28     (1) a minimum of 180 days of incarceration, at least 30 
  2.29  days of which must be served consecutively in a local 
  2.30  correctional facility; or 
  2.31     (2) a program of intensive supervision of the type 
  2.32  described in section 169A.74 (pilot programs of intensive 
  2.33  probation for repeat DWI offenders) that requires the person to 
  2.34  consecutively serve at least six days in a local correctional 
  2.35  facility.  
  2.36     (b) (c) The court may order that the person serve not more 
  3.1   than 150 days of the minimum penalty under paragraph (a) (b), 
  3.2   clause (1), on home detention or in an intensive probation 
  3.3   program described in section 169A.74.  
  3.4      (d) Notwithstanding section 609.135, the penalties in this 
  3.5   subdivision paragraph (b), which may be modified under paragraph 
  3.6   (c), must be imposed and executed. 
  3.7      Sec. 5.  Minnesota Statutes 2000, section 169A.275, 
  3.8   subdivision 4, is amended to read: 
  3.9      Subd. 4.  [FIFTH OFFENSE OR MORE.] (a) The court shall 
  3.10  sentence a person who to a term of imprisonment not to exceed 
  3.11  five years, to a fine not to exceed $10,000, or both, if the 
  3.12  person is convicted of a violation of section 169A.20 (driving 
  3.13  while impaired) within ten years: 
  3.14     (1) of the first of four or more qualified prior impaired 
  3.15  driving incidents; 
  3.16     (2) of the first of one previous conviction under section 
  3.17  169A.24 (felony driving while impaired) and one or more 
  3.18  qualified prior impaired driving incidents; or 
  3.19     (3) of the first of two or more felony convictions under 
  3.20  section 169A.24. 
  3.21     (b) If the court stays the sentence of a person convicted 
  3.22  under paragraph (a), it must sentence the person, as a condition 
  3.23  of probation, to either: 
  3.24     (1) a minimum of one year of incarceration, at least 60 
  3.25  days of which must be served consecutively in a local 
  3.26  correctional facility; or 
  3.27     (2) a program of intensive supervision of the type 
  3.28  described in section 169A.74 (pilot programs of intensive 
  3.29  probation for repeat DWI offenders) that requires the person to 
  3.30  consecutively serve at least six days in a local correctional 
  3.31  facility.  
  3.32     (b) (c) The court may order that the person serve the 
  3.33  remainder of the minimum penalty under paragraph (a) (b), clause 
  3.34  (1), on intensive probation using an electronic monitoring 
  3.35  system or, if such a system is unavailable, on home detention.  
  3.36     (d) Notwithstanding section 609.135, the penalties in this 
  4.1   subdivision paragraph (b), which may be modified under paragraph 
  4.2   (c), must be imposed and executed. 
  4.3      Sec. 6.  Minnesota Statutes 2000, section 169A.277, 
  4.4   subdivision 1, is amended to read: 
  4.5      Subdivision 1.  [APPLICABILITY.] This section applies to a 
  4.6   person convicted of: 
  4.7      (1) a violation of section 169A.20 (driving while impaired) 
  4.8   within ten years of the first of two or more prior impaired 
  4.9   driving convictions; 
  4.10     (2) a violation of section 169A.20, if the person is under 
  4.11  the age of 19 years and has previously been convicted of 
  4.12  violating section 169A.20 or Minnesota Statutes 1998, section 
  4.13  169.121 (driver under the influence of alcohol or controlled 
  4.14  substance); or 
  4.15     (3) a violation of section 169A.20, while the person's 
  4.16  driver's license or driving privileges have been canceled under 
  4.17  section 171.04, subdivision 1, clause (10) (persons not eligible 
  4.18  for drivers' licenses, inimical to public safety); or 
  4.19     (4) a violation of section 169A.24 (felony driving while 
  4.20  impaired). 
  4.21     Sec. 7.  Minnesota Statutes 2000, section 169A.28, is 
  4.22  amended to read: 
  4.23     169A.28 [CONSECUTIVE SENTENCES.] 
  4.24     Subdivision 1.  [MANDATORY CONSECUTIVE SENTENCES.] The 
  4.25  court shall impose consecutive sentences when it sentences a 
  4.26  person for: 
  4.27     (1) violations of section 169A.20 (driving while impaired) 
  4.28  or 169A.24 (felony driving while impaired) arising out of 
  4.29  separate courses of conduct; 
  4.30     (2) a violation of section 169A.20 or 169A.24 when the 
  4.31  person, at the time of sentencing, is on probation for, or 
  4.32  serving, an executed sentence for a violation of section 169A.20 
  4.33  or 169A.24 or Minnesota Statutes 1998, section 169.121 (driver 
  4.34  under the influence of alcohol or controlled substance) or 
  4.35  169.129 (aggravated DWI-related violations; penalty), and the 
  4.36  prior sentence involved a separate course of conduct; or 
  5.1      (3) a violation of section 169A.20 or 169A.24 and another 
  5.2   offense arising out of a single course of conduct that is listed 
  5.3   in subdivision 2, paragraph (e), when the person has five or 
  5.4   more qualified prior impaired driving incidents within the past 
  5.5   ten years. 
  5.6      Subd. 2.  [PERMISSIVE CONSECUTIVE SENTENCES; MULTIPLE 
  5.7   OFFENSES.] (a) When a person is being sentenced for a violation 
  5.8   of a provision listed in paragraph (e), the court may sentence 
  5.9   the person to a consecutive term of imprisonment for a violation 
  5.10  of any other provision listed in paragraph (e), notwithstanding 
  5.11  the fact that the offenses arose out of the same course of 
  5.12  conduct, subject to the limitation on consecutive sentences 
  5.13  contained in section 609.15, subdivision 2, and except as 
  5.14  provided in paragraphs (b) and (c). 
  5.15     (b) When a person is being sentenced for a violation of 
  5.16  section 171.20 (operation after revocation, suspension, 
  5.17  cancellation, or disqualification), 171.24 (driving without 
  5.18  valid license), or 171.30 (violation of condition of limited 
  5.19  license), the court may not impose a consecutive sentence for 
  5.20  another violation of a provision in chapter 171 (drivers' 
  5.21  licenses and training schools). 
  5.22     (c) When a person is being sentenced for a violation of 
  5.23  section 169.791 (failure to provide proof of insurance) or 
  5.24  169.797 (failure to provide vehicle insurance), the court may 
  5.25  not impose a consecutive sentence for another violation of a 
  5.26  provision of sections 169.79 to 169.7995. 
  5.27     (d) This subdivision does not limit the authority of the 
  5.28  court to impose consecutive sentences for crimes arising on 
  5.29  different dates or to impose a consecutive sentence when a 
  5.30  person is being sentenced for a crime and is also in violation 
  5.31  of the conditions of a stayed or otherwise deferred sentence 
  5.32  under section 609.135 (stay of imposition or execution of 
  5.33  sentence). 
  5.34     (e) This subdivision applies to misdemeanor and, gross 
  5.35  misdemeanor, and felony violations of the following if the 
  5.36  offender has two or more prior impaired driving convictions 
  6.1   within the past ten years: 
  6.2      (1) section 169A.24 (felony driving while impaired); 
  6.3      (2) section 169A.20 (driving while impaired); 
  6.4      (2) (3) section 169.791; 
  6.5      (3) (4) section 169.797; 
  6.6      (4) (5) section 171.20, subdivision 2 (operation after 
  6.7   revocation, suspension, cancellation, or disqualification); 
  6.8      (5) (6) section 171.24; and 
  6.9      (6) (7) section 171.30. 
  6.10     Subd. 3.  [PERMISSIVE CONSECUTIVE SENTENCES; PREVIOUS 
  6.11  OFFENSES.] The court may order that the sentence imposed for a 
  6.12  violation of section 169A.20 (driving while impaired) or 169A.24 
  6.13  (felony driving while impaired) run consecutively to a 
  6.14  previously imposed misdemeanor, gross misdemeanor, or felony 
  6.15  sentence for a violation other than section 169A.20 or 169A.24. 
  6.16     Sec. 8.  Minnesota Statutes 2000, section 169A.40, 
  6.17  subdivision 3, is amended to read: 
  6.18     Subd. 3.  [FELONY OR FIRST-DEGREE DWI OFFENDERS; CUSTODIAL 
  6.19  ARREST.] Notwithstanding rule 6.01 of the Rules of Criminal 
  6.20  Procedure, a peace officer acting without a warrant who has 
  6.21  decided to proceed with the prosecution of a person for 
  6.22  violating section 169A.20 (driving while impaired), shall arrest 
  6.23  and take the person into custody if the officer has reason to 
  6.24  believe the violation occurred under the circumstances described 
  6.25  in section 169A.24 (felony driving while impaired) or 169A.25 
  6.26  (first-degree driving while impaired).  The person shall be 
  6.27  detained until the person's first court appearance. 
  6.28     Sec. 9.  Minnesota Statutes 2000, section 169A.44, is 
  6.29  amended to read: 
  6.30     169A.44 [CONDITIONAL RELEASE.] 
  6.31     (a) This section applies to a person charged with: 
  6.32     (1) a violation of section 169A.20 (driving while impaired) 
  6.33  within ten years of the first of two or more prior impaired 
  6.34  driving convictions; 
  6.35     (2) a violation of section 169A.20, if the person is under 
  6.36  the age of 19 years and has previously been convicted of 
  7.1   violating section 169A.20 or Minnesota Statutes 1998, section 
  7.2   169.121 (driver under the influence of alcohol or controlled 
  7.3   substance); 
  7.4      (3) a violation of section 169A.20, while the person's 
  7.5   driver's license or driving privileges have been canceled under 
  7.6   section 171.04, subdivision 1, clause (10) (persons not eligible 
  7.7   for drivers' licenses, inimical to public safety); or 
  7.8      (4) a violation of section 169A.20 by a person having an 
  7.9   alcohol concentration of 0.20 or more as measured at the time, 
  7.10  or within two hours of the time, of the offense. 
  7.11     (b) Unless maximum bail is imposed under section 629.471, a 
  7.12  person described in paragraph (a) may be released from detention 
  7.13  only if the person agrees to:  
  7.14     (1) abstain from alcohol; and 
  7.15     (2) submit to a program of electronic alcohol monitoring, 
  7.16  involving at least daily measurements of the person's alcohol 
  7.17  concentration, pending resolution of the charge. 
  7.18  Clause (2) applies only when electronic alcohol monitoring 
  7.19  equipment is available to the court.  The court shall require 
  7.20  partial or total reimbursement from the person for the cost of 
  7.21  the electronic alcohol monitoring, to the extent the person is 
  7.22  able to pay. 
  7.23     (c) Unless maximum bail is imposed under section 629.471, 
  7.24  subdivision 2, a person charged with violating section 169A.20 
  7.25  within ten years of the first of three or more prior impaired 
  7.26  driving convictions 169A.24 (felony driving while impaired) may 
  7.27  be released from detention only if the following conditions are 
  7.28  imposed in addition to the condition imposed in paragraph (b), 
  7.29  if applicable, and any other conditions of release ordered by 
  7.30  the court: 
  7.31     (1) the impoundment of the registration plates of the 
  7.32  vehicle used to commit the violation, unless already impounded; 
  7.33     (2) if the vehicle used to commit the violation was an 
  7.34  off-road recreational vehicle or a motorboat, the impoundment of 
  7.35  the off-road recreational vehicle or motorboat; 
  7.36     (3) a requirement that the person report weekly to a 
  8.1   probation agent; 
  8.2      (4) a requirement that the person abstain from consumption 
  8.3   of alcohol and controlled substances and submit to random 
  8.4   alcohol tests or urine analyses at least weekly; and 
  8.5      (5) a requirement that, if convicted, the person reimburse 
  8.6   the court or county for the total cost of these services. 
  8.7      Sec. 10.  Minnesota Statutes 2000, section 169A.54, 
  8.8   subdivision 1, is amended to read: 
  8.9      Subdivision 1.  [REVOCATION PERIODS FOR DWI CONVICTIONS.] 
  8.10  (a) Except as provided in subdivision 7, the commissioner shall 
  8.11  revoke the driver's license of a person convicted of violating 
  8.12  section 169A.20 (driving while impaired) or an ordinance in 
  8.13  conformity with it, as follows: 
  8.14     (1) for an offense under section 169A.20, subdivision 1 
  8.15  (driving while impaired crime):  not less than 30 days; 
  8.16     (2) for an offense under section 169A.20, subdivision 2 
  8.17  (refusal to submit to chemical test crime):  not less than 90 
  8.18  days; 
  8.19     (3) for an offense occurring within ten years of a 
  8.20  qualified prior impaired driving incident: 
  8.21     (i) if the current conviction is for a violation of section 
  8.22  169A.20, subdivision 1, not less than 180 days and until the 
  8.23  court has certified that treatment or rehabilitation has been 
  8.24  successfully completed where prescribed in accordance with 
  8.25  section 169A.70 (chemical use assessments); or 
  8.26     (ii) if the current conviction is for a violation of 
  8.27  section 169A.20, subdivision 2, not less than one year and until 
  8.28  the court has certified that treatment or rehabilitation has 
  8.29  been successfully completed where prescribed in accordance with 
  8.30  section 169A.70; 
  8.31     (4) for an offense occurring within ten years of the first 
  8.32  of two qualified prior impaired driving incidents:  not less 
  8.33  than one year, together with denial under section 171.04, 
  8.34  subdivision 1, clause (10), until rehabilitation is established 
  8.35  in accordance with standards established by the commissioner; or 
  8.36     (5) for an offense occurring within ten years of the first 
  9.1   of three or more qualified prior impaired driving incidents:  
  9.2   not less than two years, together with denial under section 
  9.3   171.04, subdivision 1, clause (10), until rehabilitation is 
  9.4   established in accordance with standards established by the 
  9.5   commissioner. 
  9.6      (b) The commissioner shall revoke the driver's license of a 
  9.7   person convicted of violating section 169A.24 (felony driving 
  9.8   while impaired) for not less than two years, together with 
  9.9   denial under section 171.04, subdivision 1, clause (10), until 
  9.10  rehabilitation is established in accordance with standards 
  9.11  established by the commissioner. 
  9.12     Sec. 11.  Minnesota Statutes 2000, section 169A.60, 
  9.13  subdivision 1, is amended to read: 
  9.14     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
  9.15  the following terms have the meanings given in this subdivision. 
  9.16     (b) "Motor vehicle" means a self-propelled motor vehicle 
  9.17  other than a motorboat in operation or a recreational vehicle. 
  9.18     (c) "Plate impoundment violation" includes: 
  9.19     (1) a violation of section 169A.20 (driving while impaired) 
  9.20  or 169A.52 (license revocation for test failure or refusal), or 
  9.21  a conforming ordinance from this state or a conforming statute 
  9.22  or ordinance from another state, that results in the revocation 
  9.23  of a person's driver's license or driving privileges, within ten 
  9.24  years of a one or more qualified prior impaired driving incident 
  9.25  incidents; 
  9.26     (2) a license disqualification under section 171.165 
  9.27  (commercial driver's license disqualification) resulting from a 
  9.28  violation of section 169A.52 within ten years of a qualified 
  9.29  prior impaired driving incident; 
  9.30     (3) a violation of section 169A.20 while having an alcohol 
  9.31  concentration of 0.20 or more as measured at the time, or within 
  9.32  two hours of the time, of the offense; 
  9.33     (4) a violation of section 169A.20 while having a child 
  9.34  under the age of 16 in the vehicle if the child is more than 36 
  9.35  months younger than the offender; and 
  9.36     (5) a violation of section 171.24 (driving without valid 
 10.1   license) by a person whose driver's license or driving 
 10.2   privileges have been canceled under section 171.04, subdivision 
 10.3   1, clause (10) (persons not eligible for driver's license, 
 10.4   inimical to public safety). 
 10.5      (d) "Violator" means a person who was driving, operating, 
 10.6   or in physical control of the motor vehicle when the plate 
 10.7   impoundment violation occurred. 
 10.8      Sec. 12.  Minnesota Statutes 2000, section 169A.63, 
 10.9   subdivision 1, is amended to read: 
 10.10     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
 10.11  the following terms have the meanings given them.  
 10.12     (b) "Appropriate agency" means a law enforcement agency 
 10.13  that has the authority to make an arrest for a violation of a 
 10.14  designated offense or to require a test under section 169A.51 
 10.15  (chemical tests for intoxication). 
 10.16     (c) "Designated license revocation" includes a license 
 10.17  revocation under section 169A.52 (license revocation for test 
 10.18  failure or refusal) or a license disqualification under section 
 10.19  171.165 (commercial driver's license disqualification) resulting 
 10.20  from a violation of section 169A.52; within ten years of the 
 10.21  first of two or more qualified prior impaired driving incidents. 
 10.22     (d) "Designated offense" includes: 
 10.23     (1) a violation of section 169A.20 (driving while impaired) 
 10.24  under the circumstances described in section 169A.24 (felony 
 10.25  driving while impaired) or 169A.25 (first-degree driving while 
 10.26  impaired); or 
 10.27     (2) a violation of section 169A.20 or an ordinance in 
 10.28  conformity with it: 
 10.29     (i) by a person whose driver's license or driving 
 10.30  privileges have been canceled as inimical to public safety under 
 10.31  section 171.04, subdivision 1, clause (10); or 
 10.32     (ii) by a person who is subject to a restriction on the 
 10.33  person's driver's license under section 171.09 (commissioner's 
 10.34  license restrictions), which provides that the person may not 
 10.35  use or consume any amount of alcohol or a controlled substance. 
 10.36     (e) "Motor vehicle" and "vehicle" do not include a vehicle 
 11.1   which is stolen or taken in violation of the law. 
 11.2      (f) "Owner" means the registered owner of the motor vehicle 
 11.3   according to records of the department of public safety and 
 11.4   includes a lessee of a motor vehicle if the lease agreement has 
 11.5   a term of 180 days or more. 
 11.6      (g) "Prosecuting authority" means the attorney in the 
 11.7   jurisdiction in which the designated offense occurred who is 
 11.8   responsible for prosecuting violations of a designated offense. 
 11.9      Sec. 13.  Minnesota Statutes 2000, section 609.135, 
 11.10  subdivision 2, is amended to read: 
 11.11     Subd. 2.  [STAY OF SENTENCE MAXIMUM PERIODS.] (a) If the 
 11.12  conviction is for a violation of section 169A.24 (felony driving 
 11.13  while impaired), the stay shall be for not more than ten years. 
 11.14     (b) If the conviction is for a felony not specified in 
 11.15  paragraph (a), the stay shall be for not more than four years or 
 11.16  the maximum period for which the sentence of imprisonment might 
 11.17  have been imposed, whichever is longer. 
 11.18     (b) (c) If the conviction is for a gross misdemeanor 
 11.19  violation of section 169A.20 (driving while impaired), the stay 
 11.20  shall be for not more than six years.  The court shall provide 
 11.21  for unsupervised probation for the last year of the stay unless 
 11.22  the court finds that the defendant needs supervised probation 
 11.23  for all or part of the last year. 
 11.24     (c) (d) If the conviction is for a gross misdemeanor not 
 11.25  specified in paragraph (b) (c), the stay shall be for not more 
 11.26  than two years. 
 11.27     (d) (e) If the conviction is for any misdemeanor under 
 11.28  section 169A.20; 609.746, subdivision 1; 609.79; or 617.23; or 
 11.29  for a misdemeanor under section 609.2242 or 609.224, subdivision 
 11.30  1, in which the victim of the crime was a family or household 
 11.31  member as defined in section 518B.01, the stay shall be for not 
 11.32  more than two years.  The court shall provide for unsupervised 
 11.33  probation for the second year of the stay unless the court finds 
 11.34  that the defendant needs supervised probation for all or part of 
 11.35  the second year. 
 11.36     (e) (f) If the conviction is for a misdemeanor not 
 12.1   specified in paragraph (d) (e), the stay shall be for not more 
 12.2   than one year.  
 12.3      (f) (g) The defendant shall be discharged six months after 
 12.4   the term of the stay expires, unless the stay has been revoked 
 12.5   or extended under paragraph (g) (h), or the defendant has 
 12.6   already been discharged. 
 12.7      (g) (h) Notwithstanding the maximum periods specified for 
 12.8   stays of sentences under paragraphs (a) to (f) (g), a court may 
 12.9   extend a defendant's term of probation for up to one year if it 
 12.10  finds, at a hearing conducted under subdivision 1a, that: 
 12.11     (1) the defendant has not paid court-ordered restitution or 
 12.12  a fine in accordance with the payment schedule or structure; and 
 12.13     (2) the defendant is likely to not pay the restitution or 
 12.14  fine the defendant owes before the term of probation expires.  
 12.15  This one-year extension of probation for failure to pay 
 12.16  restitution or a fine may be extended by the court for up to one 
 12.17  additional year if the court finds, at another hearing conducted 
 12.18  under subdivision 1a, that the defendant still has not paid the 
 12.19  court-ordered restitution or fine that the defendant owes. 
 12.20     (h) (i) Notwithstanding the maximum periods specified for 
 12.21  stays of sentences under paragraphs (a) to (f) (g), a court may 
 12.22  extend a defendant's term of probation for up to three years if 
 12.23  it finds, at a hearing conducted under subdivision 1c, that: 
 12.24     (1) the defendant has failed to complete court-ordered 
 12.25  treatment successfully; and 
 12.26     (2) the defendant is likely not to complete court-ordered 
 12.27  treatment before the term of probation expires. 
 12.28     Sec. 14.  [REQUESTS TO SENTENCING GUIDELINES COMMISSION.] 
 12.29     (a) The sentencing guidelines commission is requested to 
 12.30  amend the sentencing guidelines to provide that each felony 
 12.31  violation of Minnesota Statutes, section 169A.24, constitutes 
 12.32  one criminal history point. 
 12.33     (b) The commission is also requested to include in the 
 12.34  sentencing guidelines' nonexclusive list of aggravating factors 
 12.35  that justify an upward departure, an offender's past history of 
 12.36  impaired driving convictions and alcohol-based license 
 13.1   revocations when these incidents are not elements of the current 
 13.2   felony offense. 
 13.3      Sec. 15.  [APPROPRIATION.] 
 13.4      $....... is appropriated for the fiscal biennium ending 
 13.5   June 30, 2003, from the general fund to the commissioner of 
 13.6   corrections for the purposes of this act.