1.1                          A bill for an act 
  1.2             relating to crime prevention; imposing felony 
  1.3             penalties on persons convicted of a fourth or more 
  1.4             impaired driving offense within a ten-year period; 
  1.5             providing a sunset for the felony penalties; requiring 
  1.6             studies and reports to the legislature; appropriating 
  1.7             money; amending Minnesota Statutes 1998, sections 
  1.8             169.121, subdivision 3b; and 169.129, by adding a 
  1.9             subdivision; Minnesota Statutes 1999 Supplement, 
  1.10            sections 169.121, subdivisions 3, 3d, and 3f; 
  1.11            169.1217, subdivision 7; 169.129, subdivision 1; and 
  1.12            609.135, subdivision 2. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 1999 Supplement, section 
  1.15  169.121, subdivision 3, is amended to read: 
  1.16     Subd. 3.  [CRIMINAL PENALTIES.] (a) As used in this section:
  1.17     (1) "Prior impaired driving conviction" means a prior 
  1.18  conviction under: 
  1.19     (i) this section; Minnesota Statutes 1996, section 84.91, 
  1.20  subdivision 1, paragraph (a), or 86B.331, subdivision 1, 
  1.21  paragraph (a); section 169.1211; section 169.129; or section 
  1.22  360.0752; 
  1.23     (ii) section 609.21, subdivision 1, clauses (2) to (6); 
  1.24  subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 
  1.25  to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
  1.26  clauses (2) to (6); or subdivision 4, clauses (2) to (6); or 
  1.27     (iii) an ordinance from this state, or a statute or 
  1.28  ordinance from another state, in conformity with any provision 
  1.29  listed in item (i) or (ii). 
  2.1   A prior impaired driving conviction also includes a prior 
  2.2   juvenile adjudication that would have been a prior impaired 
  2.3   driving conviction if committed by an adult. 
  2.4      (2) "Prior license revocation" means a driver's license 
  2.5   suspension, revocation, cancellation, denial, or 
  2.6   disqualification under: 
  2.7      (i) this section or section 169.1211, 169.123, 171.04, 
  2.8   171.14, 171.16, 171.165, 171.17, or 171.18 because of an 
  2.9   alcohol-related incident; 
  2.10     (ii) section 609.21, subdivision 1, clauses (2) to (6); 
  2.11  subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 
  2.12  to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
  2.13  clauses (2) to (6); or subdivision 4, clauses (2) to (6); or 
  2.14     (iii) an ordinance from this state, or a statute or 
  2.15  ordinance from another state, in conformity with any provision 
  2.16  listed in item (i) or (ii). 
  2.17  "Prior license revocation" also means the revocation of 
  2.18  snowmobile or all-terrain vehicle operating privileges under 
  2.19  section 84.911, or motorboat operating privileges under section 
  2.20  86B.335, for violations that occurred on or after August 1, 
  2.21  1994; the revocation of snowmobile or all-terrain vehicle 
  2.22  operating privileges under section 84.91; or the revocation of 
  2.23  motorboat operating privileges under section 86B.331. 
  2.24     (b) A person who violates subdivision 1, clause (a), (b), 
  2.25  (c), (d), (e), (g), or (h), or subdivision 1a, or an ordinance 
  2.26  in conformity with any of them, is guilty of a 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, clause (f); 
  2.30     (2) the person violates subdivision 1, clause (a), (b), 
  2.31  (c), (d), (e), (g), or (h), or subdivision 1a: 
  2.32     (i) within five years of a prior impaired driving 
  2.33  conviction or a prior license revocation; or 
  2.34     (ii) within ten years of the first of two ~~or more~~ prior 
  2.35  impaired driving convictions, two ~~or more~~ prior license 
  2.36  revocations, or any combination of two ~~or more~~ prior impaired 
  3.1   driving convictions and prior license revocations, based on 
  3.2   separate incidents; 
  3.3      (3) the person violates section 169.26 while in violation 
  3.4   of subdivision 1; or 
  3.5      (4) the person violates subdivision 1 or 1a while a child 
  3.6   under the age of 16 is in the vehicle, if the child is more than 
  3.7   36 months younger than the violator. 
  3.8   A person convicted of a gross misdemeanor under this paragraph 
  3.9   is subject to the mandatory penalties provided in subdivision 3d.
  3.10     (d) A person is guilty of a felony under any of the 
  3.11  following circumstances: 
  3.12     (1) the person violates subdivision 1 or 1a within ten 
  3.13  years of the first of three or more prior impaired driving 
  3.14  convictions, three or more prior license revocations, or any 
  3.15  combination of three or more prior impaired driving convictions 
  3.16  and prior license revocations, based on separate incidents; or 
  3.17     (2) the person violates subdivision 1 or 1a and has been 
  3.18  convicted previously of a felony under this section or section 
  3.19  169.129. 
  3.20  A person convicted of a felony under this paragraph may be 
  3.21  sentenced to imprisonment for not more than seven years or to 
  3.22  payment of a fine of not more than $14,000, or both.  If the 
  3.23  court stays the execution of this sentence, it shall sentence, 
  3.24  as a condition of probation, the offender to either: 
  3.25     (i) a minimum of 180 days of incarceration, at least 30 
  3.26  days of which must be served consecutively in a local 
  3.27  correctional facility; or 
  3.28     (ii) a program of intensive supervision of the type 
  3.29  described in section 169.1265 that requires the person to 
  3.30  consecutively serve at least six days in a local correctional 
  3.31  facility. 
  3.32  The court may order that the person serve not more than 150 days 
  3.33  of the minimum penalty under clause (1) on home detention or in 
  3.34  an intensive probation program described in section 169.1265.  
  3.35     (e) The court shall notify a person convicted of violating 
  3.36  subdivision 1 or 1a that the registration plates of the person's 
  4.1   motor vehicle may be impounded under section 168.042 and the 
  4.2   vehicle may be subject to forfeiture under section 169.1217 upon 
  4.3   a subsequent conviction for violating this section, section 
  4.4   169.129, or section 171.24, or a subsequent license revocation 
  4.5   under section 169.123.  The notice must describe the conduct and 
  4.6   the time periods within which the conduct must occur in order to 
  4.7   result in plate impoundment or forfeiture.  The failure of the 
  4.8   court to provide this information does not affect the 
  4.9   applicability of the plate impoundment or the forfeiture 
  4.10  provision to that person. 
  4.11     ~~(e)~~ (f) The attorney in the jurisdiction in which the 
  4.12  violation occurred who is responsible for prosecution of 
  4.13  misdemeanor violations of this section ~~shall~~ is also ~~be~~ 
  4.14  responsible for prosecution of gross misdemeanor violations of 
  4.15  this section. 
  4.16     ~~(f)~~ (g) The court must impose consecutive sentences when it 
  4.17  sentences a person for a violation of this section or section 
  4.18  169.129 arising out of separate behavioral incidents.  The court 
  4.19  also must impose a consecutive sentence when it sentences a 
  4.20  person for a violation of this section or section 169.129 and 
  4.21  the person, at the time of sentencing, is on probation for, or 
  4.22  serving, an executed sentence for a violation of this section or 
  4.23  section 169.129 and the prior sentence involved a separate 
  4.24  behavioral incident.  The court also may order that the sentence 
  4.25  imposed for a violation of this section or section 169.129 ~~shall~~ 
  4.26  run consecutively to a previously imposed misdemeanor, gross 
  4.27  misdemeanor or felony sentence for a violation other than this 
  4.28  section or section 169.129.  
  4.29     ~~(g)~~ (h) When the court stays the sentence of a person 
  4.30  convicted under this section, the length of the stay is governed 
  4.31  by section 609.135, subdivision 2. 
  4.32     ~~(h)~~ (i) The court may impose consecutive sentences for 
  4.33  offenses arising out of a single course of conduct as permitted 
  4.34  in section 609.035, subdivision 2.  
  4.35     ~~(i)~~ (j) The court shall impose consecutive sentences for a 
  4.36  violation of this section or section 169.129 and an offense 
  5.1   listed in section 609.035, subdivision 2, paragraph (f), arising 
  5.2   out of the same course of conduct, as required by section 
  5.3   609.035, subdivision 2, paragraph (g). 
  5.4      ~~(j)~~ (k) When an attorney responsible for prosecuting gross 
  5.5   misdemeanors or felonies under this section requests criminal 
  5.6   history information relating to prior impaired driving 
  5.7   convictions from a court, the court must furnish the information 
  5.8   without charge. 
  5.9      ~~(k)~~ (l) A violation of subdivision 1a may be prosecuted 
  5.10  either in the jurisdiction where the arresting officer observed 
  5.11  the defendant driving, operating, or in control of the motor 
  5.12  vehicle or in the jurisdiction where the refusal occurred. 
  5.13     Sec. 2.  Minnesota Statutes 1998, section 169.121, 
  5.14  subdivision 3b, is amended to read: 
  5.15     Subd. 3b.  [CHEMICAL USE ASSESSMENT.] Except for felony 
  5.16  convictions, the court must order a person to submit to the 
  5.17  level of care recommended in the chemical use assessment if the 
  5.18  person has been convicted of violating: 
  5.19     (1) subdivision 1, clause (f); or 
  5.20     (2) subdivision 1, clause (a), (b), (c), (d), (e), (g), or 
  5.21  (h), subdivision 1a, section 169.129, an ordinance in conformity 
  5.22  with any of them, or a statute or ordinance from another state 
  5.23  in conformity with any of them: 
  5.24     (i) within five years of a prior impaired driving 
  5.25  conviction or a prior license revocation; or 
  5.26     (ii) within ten years of two ~~or more~~ prior impaired driving 
  5.27  convictions, two ~~or more~~ prior license revocations, or a prior 
  5.28  impaired driving conviction and a prior license revocation, 
  5.29  based on separate incidents. 
  5.30     Sec. 3.  Minnesota Statutes 1999 Supplement, section 
  5.31  169.121, subdivision 3d, is amended to read: 
  5.32     Subd. 3d.  [GROSS MISDEMEANOR; MANDATORY PENALTIES.] (a) 
  5.33  The mandatory penalties in this subdivision apply to persons 
  5.34  convicted of a gross misdemeanor under subdivision 3, paragraph 
  5.35  (c), or section 169.129. 
  5.36     (b) A person who is convicted of a gross misdemeanor under 
  6.1   subdivision 3, paragraph (c), or is convicted of a gross 
  6.2   misdemeanor violation of section 169.129 within five years of a 
  6.3   prior impaired driving conviction or prior license revocation, 
  6.4   must be sentenced to a minimum of 30 days imprisonment, at least 
  6.5   48 hours of which must be served consecutively, or to eight 
  6.6   hours of community work service for each day less than 30 days 
  6.7   that the person is ordered to serve in jail.  Notwithstanding 
  6.8   section 609.135, the above sentence must be executed, unless the 
  6.9   court departs from the mandatory minimum sentence under 
  6.10  paragraph ~~(f) or (g)~~ (d) or (e). 
  6.11     (c) A person who is convicted of a gross misdemeanor under 
  6.12  subdivision 3, paragraph (c), or is convicted of a gross 
  6.13  misdemeanor violation of section 169.129 within ten years of two 
  6.14  prior impaired driving convictions, two prior license 
  6.15  revocations, or a combination of the two based on separate 
  6.16  instances, must be sentenced to either: 
  6.17     (1) a minimum of 90 days incarceration, at least 30 days of 
  6.18  which must be served consecutively in a local correctional 
  6.19  facility; or 
  6.20     (2) a program of intensive supervision of the type 
  6.21  described in section 169.1265 that requires the person to 
  6.22  consecutively serve at least six days in a local correctional 
  6.23  facility.  
  6.24  The court may order that the person serve not more than 60 days 
  6.25  of the minimum penalty under clause (1) on home detention or in 
  6.26  an intensive probation program described in section 169.1265.  
  6.27  Notwithstanding section 609.135, the penalties in this paragraph 
  6.28  must be imposed and executed. 
  6.29     (d) ~~A person who is convicted of a gross misdemeanor under~~ 
  6.30  ~~subdivision 3, paragraph (c), or is convicted of a gross~~ 
  6.31  ~~misdemeanor violation of section 169.129 within ten years of~~ 
  6.32  ~~three prior impaired driving convictions, three prior license~~ 
  6.33  ~~revocations, or a combination of the two based on separate~~ 
  6.34  ~~instances, must be sentenced to either:~~ 
  6.35     ~~(1) a minimum of 180 days of incarceration, at least 30~~ 
  6.36  ~~days of which must be served consecutively in a local~~ 
  7.1   ~~correctional facility; or~~ 
  7.2      ~~(2) a program of intensive supervision of the type~~ 
  7.3   ~~described in section 169.1265 that requires the person to~~ 
  7.4   ~~consecutively serve at least six days in a local correctional~~ 
  7.5   ~~facility.~~  
  7.6   ~~The court may order that the person serve not more than 150 days~~ 
  7.7   ~~of the minimum penalty under clause (1) on home detention or in~~ 
  7.8   ~~an intensive probation program described in section 169.1265.~~  
  7.9   ~~Notwithstanding section 609.135, the penalties in this paragraph~~ 
  7.10  ~~must be imposed and executed.~~ 
  7.11     ~~(e) A person who is convicted of a gross misdemeanor under~~ 
  7.12  ~~subdivision 3, paragraph (c), or is convicted of a gross~~ 
  7.13  ~~misdemeanor violation of section 169.129 within 15 years of four~~ 
  7.14  ~~prior impaired driving convictions, four prior license~~ 
  7.15  ~~revocations, or a combination of the two based on separate~~ 
  7.16  ~~instances; or anytime after five or more prior impaired driving~~ 
  7.17  ~~convictions, five or more prior license revocations, or a~~ 
  7.18  ~~combination of the two based on separate instances, must be~~ 
  7.19  ~~sentenced to either:~~ 
  7.20     ~~(1) a minimum of one year of incarceration, at least 60~~ 
  7.21  ~~days of which must be served consecutively in a local~~ 
  7.22  ~~correctional facility; or~~ 
  7.23     ~~(2) a program of intensive supervision of the type~~ 
  7.24  ~~described in section 169.1265 that requires the person to~~ 
  7.25  ~~consecutively serve at least six days in a local correctional~~ 
  7.26  ~~facility.~~  
  7.27  ~~The court may order that the person serve the remainder of the~~ 
  7.28  ~~minimum penalty under clause (1) on intensive probation using an~~ 
  7.29  ~~electronic monitoring system or, if such a system is~~ 
  7.30  ~~unavailable, on home detention.  Notwithstanding section~~ 
  7.31  ~~609.135, the penalties in this paragraph must be imposed and~~ 
  7.32  ~~executed.~~ 
  7.33     ~~(f)~~ Prior to sentencing, the prosecutor may file a motion 
  7.34  to have a defendant described in paragraph (b) sentenced without 
  7.35  regard to the mandatory minimum sentence established by that 
  7.36  paragraph.  The motion must be accompanied by a statement on the 
  8.1   record of the reasons for it.  When presented with the 
  8.2   prosecutor's motion and if it finds that substantial mitigating 
  8.3   factors exist, the court shall sentence the defendant without 
  8.4   regard to the mandatory minimum sentence established by 
  8.5   paragraph (b).  
  8.6      ~~(g)~~ (e) The court may, on its own motion, sentence a 
  8.7   defendant described in paragraph (b) without regard to the 
  8.8   mandatory minimum sentence established by that paragraph if it 
  8.9   finds that substantial mitigating factors exist and if its 
  8.10  sentencing departure is accompanied by a statement on the record 
  8.11  of the reasons for it.  The court also may sentence the 
  8.12  defendant without regard to the mandatory minimum sentence 
  8.13  established by paragraph (b) if the defendant is sentenced to 
  8.14  probation and ordered to participate in a program established 
  8.15  under section 169.1265. 
  8.16     ~~(h)~~ (f) When any portion of the sentence required by 
  8.17  paragraph (b) is not executed, the court should impose a 
  8.18  sentence that is proportional to the extent of the offender's 
  8.19  prior criminal and moving traffic violation record.  Any 
  8.20  sentence required under paragraph (b) must include a mandatory 
  8.21  sentence that is not subject to suspension or a stay of 
  8.22  imposition or execution, and that includes ~~incarceration for not~~ 
  8.23  ~~less than~~ at least 48 consecutive hours of incarceration or at 
  8.24  least 80 hours of community work service. 
  8.25     Sec. 4.  Minnesota Statutes 1999 Supplement, section 
  8.26  169.121, subdivision 3f, is amended to read: 
  8.27     Subd. 3f.  [LONG-TERM MONITORING.] (a) This subdivision 
  8.28  applies to a person convicted of: 
  8.29     (1) a violation of subdivision 1 or 1a within five years of 
  8.30  two prior impaired driving convictions~~, or within ten years of~~ 
  8.31  ~~three or more prior impaired driving convictions~~; 
  8.32     (2) a second or subsequent violation of subdivision 1 or 
  8.33  1a, if the person is under the age of 19 years; 
  8.34     (3) a violation of subdivision 1 or 1a, while the person's 
  8.35  driver's license or driving privileges have been canceled under 
  8.36  section 171.04, subdivision 1, clause (10); or 
  9.1      (4) a gross misdemeanor violation of section 169.129. 
  9.2      (b) When the court sentences a person described in 
  9.3   paragraph (a) to a stayed sentence and when electronic 
  9.4   monitoring equipment is available to the court, the court shall 
  9.5   require that the person participate in a program of electronic 
  9.6   alcohol monitoring in addition to any other conditions of 
  9.7   probation or jail time it imposes.  During the first one-third 
  9.8   of the person's probationary term, the electronic alcohol 
  9.9   monitoring must be continuous and involve measurements of the 
  9.10  person's alcohol at least three times a day.  During the 
  9.11  remainder of the person's probationary term, the electronic 
  9.12  alcohol monitoring may be intermittent, as determined by the 
  9.13  court.  The court shall require partial or total reimbursement 
  9.14  from the person for the cost of the electronic alcohol 
  9.15  monitoring, to the extent the person is able to pay. 
  9.16     Sec. 5.  Minnesota Statutes 1999 Supplement, section 
  9.17  169.1217, subdivision 7, is amended to read: 
  9.18     Subd. 7.  [LIMITATIONS ON FORFEITURE OF MOTOR VEHICLE.] (a) 
  9.19  A vehicle is subject to forfeiture under this section only if: 
  9.20     (1) the driver is convicted of the designated offense upon 
  9.21  which the forfeiture is based; 
  9.22     (2) the driver fails to appear with respect to the 
  9.23  designated offense charge in violation of section 609.49; or 
  9.24     (3) the driver's conduct results in a designated license 
  9.25  revocation and the driver either fails to seek administrative or 
  9.26  judicial review of the revocation in a timely manner as required 
  9.27  by section 169.123, subdivision 5b or 5c, or the revocation is 
  9.28  sustained under section 169.123, subdivision 5b or 6. 
  9.29     (b) A vehicle encumbered by a bona fide security interest, 
  9.30  or subject to a lease that has a term of 180 days or more, is 
  9.31  subject to the interest of the secured party or lessor unless 
  9.32  the party or lessor had knowledge of or consented to the act 
  9.33  upon which the forfeiture is based.  However, when the proceeds 
  9.34  of the sale of a seized vehicle do not equal or exceed the 
  9.35  outstanding loan balance, the appropriate agency shall remit all 
  9.36  proceeds of the sale to the secured party.  If the sale of the 
 10.1   vehicle is conducted in a commercially reasonable manner 
 10.2   consistent with ~~the provisions of~~ section 336.9-504, clause (3), 
 10.3   the agency is not liable to the secured party for any amount 
 10.4   owed on the loan in excess of the sale proceeds if the secured 
 10.5   party received notification of the time and place of the sale at 
 10.6   least three days prior to the sale. 
 10.7      (c) Notwithstanding paragraphs (b) and (d), the secured 
 10.8   party's, lessor's, or owner's interest in a vehicle is not 
 10.9   subject to forfeiture based solely on the secured party's, 
 10.10  lessor's, or owner's knowledge of the act or omission upon which 
 10.11  the forfeiture is based if the secured party, lessor, or owner 
 10.12  took reasonable steps to terminate use of the vehicle by the 
 10.13  offender. 
 10.14     (d) A motor vehicle is subject to forfeiture under this 
 10.15  section ~~only~~ if its owner knew or should have known ~~of the~~ 
 10.16  ~~unlawful use or intended use~~ that the offender did not have a 
 10.17  valid license at the time the offender used the vehicle and if 
 10.18  the owner gave explicit or implicit permission to the offender 
 10.19  to use the vehicle. 
 10.20     (e) A vehicle subject to a security interest, based upon a 
 10.21  loan or other financing arranged by a financial institution, is 
 10.22  subject to the interest of the financial institution.  
 10.23     Sec. 6.  Minnesota Statutes 1999 Supplement, section 
 10.24  169.129, subdivision 1, is amended to read: 
 10.25     Subdivision 1.  [CRIME.] It is a ~~gross misdemeanor~~ crime 
 10.26  for any person to drive, operate, or be in physical control of a 
 10.27  motor vehicle, the operation of which requires a driver's 
 10.28  license, within this state or upon the ice of any boundary water 
 10.29  of this state in violation of section 169.121 or an ordinance in 
 10.30  conformity with it before the person's driver's license or 
 10.31  driving privilege has been reinstated following its 
 10.32  cancellation, suspension, revocation, disqualification, or 
 10.33  denial under any of the following statutes:  
 10.34     (1) section 169.121, 169.1211, or 169.123; 
 10.35     (2) section 171.04, 171.14, 171.16, 171.17, or 171.18 
 10.36  because of an alcohol-related incident; 
 11.1      (3) section 609.21, subdivision 1, clauses (2) to (6); 
 11.2   subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 
 11.3   to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
 11.4   clauses (2) to (6); or subdivision 4, clauses (2) to (6). 
 11.5      Sec. 7.  Minnesota Statutes 1998, section 169.129, is 
 11.6   amended by adding a subdivision to read: 
 11.7      Subd. 1a.  [PENALTIES.] (a) Except as otherwise provided in 
 11.8   paragraph (b), a person who violates this section is guilty of a 
 11.9   gross misdemeanor. 
 11.10     (b) A person is guilty of a felony if the person violates 
 11.11  subdivision 1, and either: 
 11.12     (1) the person's driver's license or driving privileges 
 11.13  have been canceled, suspended, revoked, or denied three or more 
 11.14  times within the past ten years under any of the statutes listed 
 11.15  in subdivision 1; or 
 11.16     (2) the person has been convicted previously of a felony 
 11.17  violation of this section or section 169.121. 
 11.18  A person convicted of a felony under this paragraph may be 
 11.19  sentenced to imprisonment for not more than seven years or to 
 11.20  payment of a fine of not more than $14,000, or both.  If the 
 11.21  court stays the execution of this sentence, it shall sentence, 
 11.22  as a condition of probation, the offender to either: 
 11.23     (i) a minimum of 180 days of incarceration, at least 30 
 11.24  days of which must be served consecutively in a local 
 11.25  correctional facility; or 
 11.26     (ii) a program of intensive supervision of the type 
 11.27  described in section 169.1265 that requires the person to 
 11.28  consecutively serve at least six days in a local correctional 
 11.29  facility. 
 11.30  The court may order that the person serve not more than 150 days 
 11.31  of the minimum penalty under clause (1) on home detention or in 
 11.32  an intensive probation program described in section 169.1265. 
 11.33     Sec. 8.  Minnesota Statutes 1999 Supplement, section 
 11.34  609.135, subdivision 2, is amended to read: 
 11.35     Subd. 2.  [STAY OF SENTENCE MAXIMUM PERIODS.] (a) Except as 
 11.36  otherwise provided in this paragraph, if the conviction is for a 
 12.1   felony the stay shall be for not more than four years or the 
 12.2   maximum period for which the sentence of imprisonment might have 
 12.3   been imposed, whichever is longer.  If the conviction is for a 
 12.4   felony violation of section 169.121 or 169.129, the stay shall 
 12.5   be for not more than ten years. 
 12.6      (b) If the conviction is for a gross misdemeanor violation 
 12.7   of section 169.121 or 169.129, the stay shall be for not more 
 12.8   than six years.  The court shall provide for unsupervised 
 12.9   probation for the last year of the stay unless the court finds 
 12.10  that the defendant needs supervised probation for all or part of 
 12.11  the last year. 
 12.12     (c) If the conviction is for a gross misdemeanor not 
 12.13  specified in paragraph (b), the stay shall be for not more than 
 12.14  two years. 
 12.15     (d) If the conviction is for any misdemeanor under section 
 12.16  169.121; 609.746, subdivision 1; 609.79; or 617.23; or for a 
 12.17  misdemeanor under section 609.2242 or 609.224, subdivision 1, in 
 12.18  which the victim of the crime was a family or household member 
 12.19  as defined in section 518B.01, the stay shall be for not more 
 12.20  than two years.  The court shall provide for unsupervised 
 12.21  probation for the second year of the stay unless the court finds 
 12.22  that the defendant needs supervised probation for all or part of 
 12.23  the second year. 
 12.24     (e) If the conviction is for a misdemeanor not specified in 
 12.25  paragraph (d), the stay shall be for not more than one year.  
 12.26     (f) The defendant shall be discharged six months after the 
 12.27  term of the stay expires, unless the stay has been revoked or 
 12.28  extended under paragraph (g), or the defendant has already been 
 12.29  discharged. 
 12.30     (g) Notwithstanding the maximum periods specified for stays 
 12.31  of sentences under paragraphs (a) to (f), a court may extend a 
 12.32  defendant's term of probation for up to one year if it finds, at 
 12.33  a hearing conducted under subdivision 1a, that: 
 12.34     (1) the defendant has not paid court-ordered restitution or 
 12.35  a fine in accordance with the payment schedule or structure; and 
 12.36     (2) the defendant is likely to not pay the restitution or 
 13.1   fine the defendant owes before the term of probation expires.  
 13.2   This one-year extension of probation for failure to pay 
 13.3   restitution or a fine may be extended by the court for up to one 
 13.4   additional year if the court finds, at another hearing conducted 
 13.5   under subdivision 1a, that the defendant still has not paid the 
 13.6   court-ordered restitution or fine that the defendant owes. 
 13.7      (h) Notwithstanding the maximum periods specified for stays 
 13.8   of sentences under paragraphs (a) to (f), a court may extend a 
 13.9   defendant's term of probation for up to three years if it finds, 
 13.10  at a hearing conducted under subdivision 1c, that: 
 13.11     (1) the defendant has failed to complete court-ordered 
 13.12  treatment successfully; and 
 13.13     (2) the defendant is likely not to complete court-ordered 
 13.14  treatment before the term of probation expires. 
 13.15     Sec. 9.  [REQUESTS TO SENTENCING GUIDELINES COMMISSION.] 
 13.16     (a) The sentencing guidelines commission is requested to 
 13.17  amend the sentencing guidelines to provide that each felony 
 13.18  violation of Minnesota Statutes, section 169.121 or 169.129, 
 13.19  constitutes one criminal history point. 
 13.20     (b) The commission is also requested to include in the 
 13.21  sentencing guidelines' nonexclusive list of aggravating factors 
 13.22  that justify an upward departure, an offender's past history of 
 13.23  impaired driving convictions and alcohol-based license 
 13.24  revocations when these incidents are not elements of the current 
 13.25  felony offense. 
 13.26     Sec. 10.  [DWI FELONY WORKING GROUP.] 
 13.27     Subdivision 1.  [MEMBERSHIP.] (a) The driving while 
 13.28  impaired felony working group consists of the following 
 13.29  individuals or their designees: 
 13.30     (1) two members of the senate, chosen by the subcommittee 
 13.31  on committees of the committee on rules and administration; 
 13.32     (2) two members of the house of representatives, chosen by 
 13.33  the speaker; 
 13.34     (3) a county attorney, chosen by the urban county 
 13.35  attorney's association; 
 13.36     (4) a county attorney, chosen by the Minnesota county 
 14.1   attorney's association; 
 14.2      (5) a city attorney from a city of the first class, chosen 
 14.3   by the league of Minnesota cities; 
 14.4      (6) a city attorney from a city of the second or third 
 14.5   class, chosen by the league of Minnesota cities; 
 14.6      (7) a sheriff, chosen by the Minnesota sheriff's 
 14.7   association; 
 14.8      (8) the commissioner of corrections; 
 14.9      (9) the attorney general; 
 14.10     (10) two county commissioners, chosen by the association of 
 14.11  Minnesota counties; 
 14.12     (11) a director of a community corrections agency, chosen 
 14.13  by the chairs of the senate crime prevention and judiciary 
 14.14  budget division and the house judiciary finance committee; 
 14.15     (12) the state public defender; 
 14.16     (13) a criminal defense attorney, chosen by the Minnesota 
 14.17  criminal defense association; 
 14.18     (14) the chief justice of the supreme court; 
 14.19     (15) a chief of police, chosen by the Minnesota chiefs of 
 14.20  police association; 
 14.21     (16) the chief supervisor of the state patrol; and 
 14.22     (17) a probation officer, chosen by the chairs of the 
 14.23  senate crime prevention and judiciary budget division and the 
 14.24  house judiciary finance committee. 
 14.25     (b) The working group may choose a chair from among its 
 14.26  members. 
 14.27     Subd. 2.  [STUDY AND RECOMMENDATIONS REQUIRED.] (a) The 
 14.28  working group shall study and make recommendations on the 
 14.29  following: 
 14.30     (1) the circumstances under which a felony-level impaired 
 14.31  driving penalty is appropriate, including the number of prior 
 14.32  offenses and the time period that the offenses must occur 
 14.33  within, and other aggravating factors that justify a 
 14.34  felony-level penalty; 
 14.35     (2) the circumstances under which it is appropriate to 
 14.36  commit a felony-level impaired driving offender to the custody 
 15.1   of the commissioner of corrections; 
 15.2      (3) the circumstances under which stayed sentences are 
 15.3   appropriate; 
 15.4      (4) the degree to which, if at all, felony-level impaired 
 15.5   driving offenses should be part of the sentencing guidelines 
 15.6   grid; 
 15.7      (5) the circumstances under which, if at all, mandatory 
 15.8   prison sentences for felony-level impaired driving offenses are 
 15.9   appropriate and if so, recommended sentence lengths; 
 15.10     (6) appropriate incarceration, treatment, and supervision 
 15.11  options for felony-level impaired driving offenders, both at the 
 15.12  state and local levels, including specific recommendations on 
 15.13  how and where to incarcerate offenders committed to the custody 
 15.14  of the commissioner of corrections; 
 15.15     (7) the statutory maximum sentence appropriate for 
 15.16  felony-level impaired driving offenses; 
 15.17     (8) fiscal implications of felony-level impaired driving 
 15.18  penalties to state and local governments; and 
 15.19     (9) any other issues related to felony-level impaired 
 15.20  driving penalties deemed appropriate by the working group. 
 15.21     (b) To the degree feasible, the working group shall study 
 15.22  how other states address repeat impaired driving offenders, 
 15.23  including how the crimes and penalties are statutorily defined 
 15.24  and also how these laws are actually applied.  The group shall 
 15.25  consider this when making its recommendations. 
 15.26     Subd. 3.  [REPORT.] By December 15, 2000, the working group 
 15.27  shall report its findings and recommendations to the chairs and 
 15.28  ranking minority members of the senate and house committees and 
 15.29  divisions having jurisdiction over criminal justice policy and 
 15.30  funding. 
 15.31     Sec. 11.  [FELONY DWI OFFENDER PLANS AND REPORTS TO 
 15.32  LEGISLATURE REQUIRED.] 
 15.33     Subdivision 1.  [PLAN AND REPORT REQUIRED.] (a) The 
 15.34  commissioner of corrections shall prepare a plan addressing how 
 15.35  the department proposes to supervise felony-level impaired 
 15.36  driving offenders committed to the commissioner's custody 
 16.1   pursuant to this act.  The plan must specify where the 
 16.2   commissioner intends to house these offenders both at present 
 16.3   and in the future and include a comprehensive budget detailing 
 16.4   the costs associated with preparing any location to do this.  In 
 16.5   addition, the plan must include a comprehensive yearly budget 
 16.6   for housing, supervising, caring for, and treating these 
 16.7   offenders; detailed information on the type of intensive 
 16.8   chemical dependency treatment program that will be provided if 
 16.9   any; and any other issues the commissioner believes to be 
 16.10  relevant. 
 16.11     (b) By November 1, 2000, the commissioner shall forward the 
 16.12  report required in paragraph (a) to the chairs and ranking 
 16.13  minority members of the senate and house committees and 
 16.14  divisions having jurisdiction over criminal justice funding. 
 16.15     Subd. 2.  [COOPERATION WITH WORKING GROUP; PLAN 
 16.16  REQUIRED.] The commissioner shall cooperate with the working 
 16.17  group described in section 10 and by January 15, 2001, forward a 
 16.18  plan that includes the information described in subdivision 1 as 
 16.19  it relates to the recommendations of the working group.  The 
 16.20  commissioner shall submit the plan to the legislators specified 
 16.21  in subdivision 1, paragraph (b). 
 16.22     Sec. 12.  [EXPIRATION.] 
 16.23     The amendments made to Minnesota Statutes, sections 
 16.24  169.121, 169.129, and 609.135, expire August 1, 2001. 
 16.25     Sec. 13.  [RESENTENCING MOTION IF FELONY-LEVEL IMPAIRED 
 16.26  DRIVING PENALTIES EXPIRE.] 
 16.27     If the felony-level impaired driving penalties in this act 
 16.28  expire, a person convicted of a felony-level impaired driving 
 16.29  offense may make a motion with the court of conviction to be 
 16.30  resentenced under the law in effect on July 31, 2000. 
 16.31     Sec. 14.  [APPROPRIATION.] 
 16.32     $455,000 is appropriated from the general fund to the 
 16.33  commissioner of corrections for the fiscal year ending June 30, 
 16.34  2001.  The commissioner of corrections, in consultation with the 
 16.35  commissioner of human services, shall select a location or 
 16.36  locations to house felony-level impaired driving offenders and 
 17.1   use the money appropriated to predesign the changes needed to 
 17.2   accommodate those offenders.  The commissioner of corrections 
 17.3   shall hold public hearings in any area selected to determine the 
 17.4   degree of local support for the changes and may use this 
 17.5   appropriation only if satisfied that there is a sufficient level 
 17.6   of local support. 
 17.7      Sec. 15.  [EFFECTIVE DATES.] 
 17.8      Sections 1 to 8 are effective August 1, 2000, and apply to 
 17.9   violations occurring on or after that date.  However, violations 
 17.10  occurring before August 1, 2000, which are listed in Minnesota 
 17.11  Statutes, section 169.121, subdivision 3, paragraph (a), are 
 17.12  considered prior impaired driving convictions or prior license 
 17.13  revocations for purposes of this act.  Sections 9 to 11 are 
 17.14  effective the day following final enactment.