1.1                          A bill for an act 
  1.2             relating to crimes; lowering per se level for alcohol 
  1.3             impairment offenses from 0.10 to 0.08 for hunting, for 
  1.4             handling explosives, and for operating a motor 
  1.5             vehicle, recreational vehicle, or watercraft; amending 
  1.6             Minnesota Statutes 1998, sections 97B.065, subdivision 
  1.7             1; 97B.066, subdivision 1; 169.121, subdivision 1; 
  1.8             169.123, subdivisions 2, 4, 5a, and 6; 192A.555; and 
  1.9             609.21, subdivision 1. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1998, section 97B.065, 
  1.12  subdivision 1, is amended to read: 
  1.13     Subdivision 1.  [ACTS PROHIBITED.] (a) A person may not 
  1.14  take wild animals with a firearm or by archery:  
  1.15     (1) when the person is under the influence of alcohol; 
  1.16     (2) when the person is under the influence of a controlled 
  1.17  substance, as defined in section 152.01, subdivision 4; 
  1.18     (3) when the person is under the influence of a combination 
  1.19  of any two or more of the elements in clauses (1) and (2); 
  1.20     (4) when the person's alcohol concentration is 0.10 0.08 or 
  1.21  more; 
  1.22     (5) when the person's alcohol concentration as measured 
  1.23  within two hours of the time of taking is 0.10 0.08 or more; or 
  1.24     (6) when the person is knowingly under the influence of any 
  1.25  chemical compound or combination of chemical compounds that is 
  1.26  listed as a hazardous substance in rules adopted under section 
  1.27  182.655 and that affects the nervous system, brain, or muscles 
  2.1   of the person so as to substantially impair the person's ability 
  2.2   to operate a firearm or bow and arrow. 
  2.3      (b) An owner or other person having charge or control of a 
  2.4   firearm or bow and arrow may not authorize or permit an 
  2.5   individual the person knows or has reason to believe is under 
  2.6   the influence of alcohol or a controlled substance, as provided 
  2.7   under paragraph (a), to possess the firearm or bow and arrow in 
  2.8   this state or on a boundary water of this state. 
  2.9      Sec. 2.  Minnesota Statutes 1998, section 97B.066, 
  2.10  subdivision 1, is amended to read: 
  2.11     Subdivision 1.  [MANDATORY CHEMICAL TESTING.] A person who 
  2.12  takes wild animals with a bow or firearm in this state or on a 
  2.13  boundary water of this state is required, subject to the 
  2.14  provisions of this section, to take or submit to a test of the 
  2.15  person's blood, breath, or urine for the purpose of determining 
  2.16  the presence and amount of alcohol or a controlled substance.  
  2.17  The test shall be administered at the direction of an officer 
  2.18  authorized to make arrests under section 97B.065, subdivision 
  2.19  2.  Taking or submitting to the test is mandatory when requested 
  2.20  by an officer who has probable cause to believe the person was 
  2.21  hunting in violation of section 97B.065, subdivision 1, 
  2.22  paragraph (a), and one of the following conditions exists: 
  2.23     (1) the person has been lawfully placed under arrest for 
  2.24  violating section 97B.065, subdivision 1, paragraph (a); 
  2.25     (2) the person has been involved while hunting in an 
  2.26  accident resulting in property damage, personal injury, or 
  2.27  death; 
  2.28     (3) the person has refused to take the preliminary 
  2.29  screening test provided for in section 97B.065, subdivision 3; 
  2.30  or 
  2.31     (4) the screening test was administered and indicated an 
  2.32  alcohol concentration of 0.10 0.08 or more. 
  2.33     Sec. 3.  Minnesota Statutes 1998, section 169.121, 
  2.34  subdivision 1, is amended to read: 
  2.35     Subdivision 1.  [CRIME; ACTS PROHIBITED.] It is a crime for 
  2.36  any person to drive, operate, or be in physical control of any 
  3.1   motor vehicle within this state or upon the ice of any boundary 
  3.2   water of this state under any of the following circumstances: 
  3.3      (a) when the person is under the influence of alcohol; 
  3.4      (b) when the person is under the influence of a controlled 
  3.5   substance; 
  3.6      (c) when the person is under the influence of a combination 
  3.7   of any two or more of the elements named in clauses (a), (b), 
  3.8   and (g); 
  3.9      (d) when the person's alcohol concentration is 0.10 0.08 or 
  3.10  more but less than 0.20; 
  3.11     (e) when the person's alcohol concentration as measured 
  3.12  within two hours of the time of driving, operating, or being in 
  3.13  physical control of the motor vehicle is 0.10 0.08 or more but 
  3.14  less than 0.20; 
  3.15     (f) when the person's alcohol concentration at the time, or 
  3.16  as measured within two hours of the time, of driving, operating, 
  3.17  or being in physical control of the motor vehicle is 0.20 or 
  3.18  more; 
  3.19     (g) when the person is knowingly under the influence of a 
  3.20  hazardous substance that affects the nervous system, brain, or 
  3.21  muscles of the person so as to substantially impair the person's 
  3.22  ability to drive or operate the motor vehicle; or 
  3.23     (h) when the person's body contains any amount of a 
  3.24  controlled substance listed in schedule I or II other than 
  3.25  marijuana or tetrahydrocannabinols. 
  3.26     Sec. 4.  Minnesota Statutes 1998, section 169.123, 
  3.27  subdivision 2, is amended to read: 
  3.28     Subd. 2.  [IMPLIED CONSENT; CONDITIONS; ELECTION OF TEST.] 
  3.29  (a) Any person who drives, operates, or is in physical control 
  3.30  of a motor vehicle within this state or upon the ice of any 
  3.31  boundary water of this state consents, subject to the provisions 
  3.32  of this section and sections 169.121 and 169.1211, to a chemical 
  3.33  test of that person's blood, breath, or urine for the purpose of 
  3.34  determining the presence of alcohol, controlled substances, or 
  3.35  hazardous substances.  The test shall be administered at the 
  3.36  direction of a peace officer.  The test may be required of a 
  4.1   person when an officer has probable cause to believe the person 
  4.2   was driving, operating, or in physical control of a motor 
  4.3   vehicle in violation of section 169.121 and one of the following 
  4.4   conditions exist: 
  4.5      (1) the person has been lawfully placed under arrest for 
  4.6   violation of section 169.121, or an ordinance in conformity with 
  4.7   it; 
  4.8      (2) the person has been involved in a motor vehicle 
  4.9   accident or collision resulting in property damage, personal 
  4.10  injury, or death; 
  4.11     (3) the person has refused to take the screening test 
  4.12  provided for by section 169.121, subdivision 6; or 
  4.13     (4) the screening test was administered and indicated an 
  4.14  alcohol concentration of 0.10 0.08 or more.  
  4.15     The test may also be required of a person when an officer 
  4.16  has probable cause to believe the person was driving, operating, 
  4.17  or in physical control of a commercial motor vehicle with the 
  4.18  presence of any alcohol. 
  4.19     (b) At the time a test is requested, the person shall be 
  4.20  informed: 
  4.21     (1) that Minnesota law requires the person to take a test: 
  4.22  (i) to determine if the person is under the influence of 
  4.23  alcohol, controlled substances, or hazardous substances; (ii) to 
  4.24  determine the presence of a controlled substance listed in 
  4.25  schedule I or II, other than marijuana or tetrahydrocannabinols; 
  4.26  and (iii) if the motor vehicle was a commercial motor vehicle, 
  4.27  to determine the presence of alcohol; 
  4.28     (2) that refusal to take a test is a crime; 
  4.29     (3) if the peace officer has probable cause to believe the 
  4.30  person has violated the criminal vehicular homicide and injury 
  4.31  laws, that a test will be taken with or without the person's 
  4.32  consent; and 
  4.33     (4) that the person has the right to consult with an 
  4.34  attorney, but that this right is limited to the extent that it 
  4.35  cannot unreasonably delay administration of the test. 
  4.36     (c) The peace officer who requires a test pursuant to this 
  5.1   subdivision may direct whether the test shall be of blood, 
  5.2   breath, or urine.  Action may be taken against a person who 
  5.3   refuses to take a blood test only if an alternative test was 
  5.4   offered and action may be taken against a person who refuses to 
  5.5   take a urine test only if an alternative test was offered. 
  5.6      Sec. 5.  Minnesota Statutes 1998, section 169.123, 
  5.7   subdivision 4, is amended to read: 
  5.8      Subd. 4.  [REFUSAL; REVOCATION OF LICENSE.] (a) If a person 
  5.9   refuses to permit a test, none shall be given, but the peace 
  5.10  officer shall report the refusal to the commissioner of public 
  5.11  safety and the authority having responsibility for prosecution 
  5.12  of misdemeanor offenses for the jurisdiction in which the acts 
  5.13  occurred.  However, if a peace officer has probable cause to 
  5.14  believe that the person has violated section 609.21, a test may 
  5.15  be required and obtained despite the person's refusal.  A 
  5.16  refusal to submit to an alcohol concentration test does not 
  5.17  constitute a violation of section 609.50, unless the refusal was 
  5.18  accompanied by force or violence or the threat of force or 
  5.19  violence.  
  5.20     (b) If a person submits to a test, the results of that test 
  5.21  shall be reported to the commissioner of public safety and to 
  5.22  the authority having responsibility for prosecution of 
  5.23  misdemeanor offenses for the jurisdiction in which the acts 
  5.24  occurred, if the test results indicate: 
  5.25     (1) an alcohol concentration of 0.10 0.08 or more; 
  5.26     (2) an alcohol concentration of 0.04 or more, if the person 
  5.27  was driving, operating, or in physical control of a commercial 
  5.28  motor vehicle at the time of the violation; or 
  5.29     (3) the presence of a controlled substance listed in 
  5.30  schedule I or II, other than marijuana or tetrahydrocannabinols. 
  5.31     (c) Upon certification by the peace officer that there 
  5.32  existed probable cause to believe the person had been driving, 
  5.33  operating, or in physical control of a motor vehicle in 
  5.34  violation of section 169.121 and that the person refused to 
  5.35  submit to a test, the commissioner of public safety shall revoke 
  5.36  the person's license or permit to drive, or nonresident 
  6.1   operating privilege, for a period of one year even if a test was 
  6.2   obtained pursuant to this section after the person refused to 
  6.3   submit to testing.  
  6.4      (d) Upon certification by the peace officer that there 
  6.5   existed probable cause to believe the person had been driving, 
  6.6   operating, or in physical control of a commercial motor vehicle 
  6.7   with the presence of any alcohol in violation of section 169.121 
  6.8   or 169.1211, and that the person refused to submit to a test, 
  6.9   the commissioner shall disqualify the person from operating a 
  6.10  commercial motor vehicle for a period of one year under section 
  6.11  171.165 and shall revoke the person's license or permit to drive 
  6.12  or nonresident operating privilege for a period of one year.  
  6.13     (e) Upon certification by the peace officer that there 
  6.14  existed probable cause to believe the person had been driving, 
  6.15  operating, or in physical control of a motor vehicle in 
  6.16  violation of section 169.121 and that the person submitted to a 
  6.17  test and the test results indicate an alcohol concentration of 
  6.18  0.10 0.08 or more or the presence of a controlled substance 
  6.19  listed in schedule I or II, other than marijuana or 
  6.20  tetrahydrocannabinols, 
  6.21  then the commissioner of public safety shall revoke the person's 
  6.22  license or permit to drive, or nonresident operating privilege: 
  6.23     (1) for a period of 90 days; or 
  6.24     (2) if the person is under the age of 21 years, for a 
  6.25  period of six months; or 
  6.26     (3) for a person with a prior impaired driving conviction 
  6.27  or prior license revocation within the past five years, for a 
  6.28  period of 180 days; or 
  6.29     (4) if the test results indicate an alcohol concentration 
  6.30  of 0.20 or more, for twice the applicable period in clauses (1) 
  6.31  to (3). 
  6.32     (f) On certification by the peace officer that there 
  6.33  existed probable cause to believe the person had been driving, 
  6.34  operating, or in physical control of a commercial motor vehicle 
  6.35  with any presence of alcohol and that the person submitted to a 
  6.36  test and the test results indicated an alcohol concentration of 
  7.1   0.04 or more, the commissioner of public safety shall disqualify 
  7.2   the person from operating a commercial motor vehicle under 
  7.3   section 171.165.  
  7.4      (g) If the person is a resident without a license or permit 
  7.5   to operate a motor vehicle in this state, the commissioner of 
  7.6   public safety shall deny to the person the issuance of a license 
  7.7   or permit for the same period after the date of the alleged 
  7.8   violation as provided herein for revocation, subject to review 
  7.9   as hereinafter provided. 
  7.10     (h) As used in this subdivision, the terms "prior impaired 
  7.11  driving conviction" and "prior license revocation" have the 
  7.12  meanings given in section 169.121, subdivision 3, paragraph (a). 
  7.13     Sec. 6.  Minnesota Statutes 1998, section 169.123, 
  7.14  subdivision 5a, is amended to read: 
  7.15     Subd. 5a.  [TEST REFUSAL; DRIVING PRIVILEGE LOST.] (a) On 
  7.16  behalf of the commissioner of public safety, a peace officer 
  7.17  requiring a test or directing the administration of a chemical 
  7.18  test shall serve immediate notice of intention to revoke and of 
  7.19  revocation on a person who refuses to permit a test or on a 
  7.20  person who submits to a test the results of which indicate an 
  7.21  alcohol concentration of 0.10 0.08 or more.  
  7.22     (b) On behalf of the commissioner of public safety, a peace 
  7.23  officer requiring a test or directing the administration of a 
  7.24  chemical test of a person driving, operating, or in physical 
  7.25  control of a commercial motor vehicle shall serve immediate 
  7.26  notice of intention to disqualify and of disqualification on a 
  7.27  person who refuses to permit a test, or on a person who submits 
  7.28  to a test the results of which indicate an alcohol concentration 
  7.29  of 0.04 or more.  
  7.30     (c) The officer shall either: 
  7.31     (1) take the driver's license or permit, if any, send it to 
  7.32  the commissioner of public safety along with the certificate 
  7.33  required by subdivision 4, and issue a temporary license 
  7.34  effective only for seven days; or 
  7.35     (2) invalidate the driver's license or permit in such a way 
  7.36  that no identifying information is destroyed. 
  8.1      Sec. 7.  Minnesota Statutes 1998, section 169.123, 
  8.2   subdivision 6, is amended to read: 
  8.3      Subd. 6.  [HEARING.] (a) A hearing under this section shall 
  8.4   be before a district judge in any county in the judicial 
  8.5   district where the alleged offense occurred.  The hearing shall 
  8.6   be to the court and may be conducted at the same time and in the 
  8.7   same manner as hearings upon pretrial motions in the criminal 
  8.8   prosecution under section 169.121, if any.  The hearing shall be 
  8.9   recorded.  The commissioner of public safety shall appear and be 
  8.10  represented by the attorney general or through the prosecuting 
  8.11  authority for the jurisdiction involved.  The hearing shall be 
  8.12  held at the earliest practicable date, and in any event no later 
  8.13  than 60 days following the filing of the petition for review.  
  8.14  The judicial district administrator shall establish procedures 
  8.15  to ensure efficient compliance with this subdivision.  To 
  8.16  accomplish this, the administrator may, whenever possible, 
  8.17  consolidate and transfer review hearings among the locations 
  8.18  within the judicial district where terms of district court are 
  8.19  held.  
  8.20     (b) The scope of the hearing shall be limited to the issues 
  8.21  in clauses (1) to (10): 
  8.22     (1) Did the peace officer have probable cause to believe 
  8.23  the person was driving, operating, or in physical control of: 
  8.24     (i) a motor vehicle in violation of section 169.121; or 
  8.25     (ii) a commercial motor vehicle in violation of section 
  8.26  169.1211? 
  8.27     (2) Was the person lawfully placed under arrest for 
  8.28  violation of section 169.121 or 169.1211? 
  8.29     (3) Was the person involved in a motor vehicle accident or 
  8.30  collision resulting in property damage, personal injury, or 
  8.31  death? 
  8.32     (4) Did the person refuse to take a screening test provided 
  8.33  for by section 169.121, subdivision 6? 
  8.34     (5) If the screening test was administered, did the test 
  8.35  indicate an alcohol concentration of 0.10 0.08 or more? 
  8.36     (6) At the time of the request for the test, did the peace 
  9.1   officer inform the person of the person's rights and the 
  9.2   consequences of taking or refusing the test as required by 
  9.3   subdivision 2? 
  9.4      (7) Did the person refuse to permit the test? 
  9.5      (8) If a test was taken by a person driving, operating, or 
  9.6   in physical control of a motor vehicle, did the test results 
  9.7   indicate at the time of testing: 
  9.8      (i) an alcohol concentration of 0.10 0.08 or more; or 
  9.9      (ii) the presence of a controlled substance listed in 
  9.10  schedule I or II, other than marijuana or tetrahydrocannabinols? 
  9.11     (9) If a test was taken by a person driving, operating, or 
  9.12  in physical control of a commercial motor vehicle, did the test 
  9.13  results indicate an alcohol concentration of 0.04 or more at the 
  9.14  time of testing? 
  9.15     (10) Was the testing method used valid and reliable and 
  9.16  were the test results accurately evaluated? 
  9.17     (c) It shall be an affirmative defense for the petitioner 
  9.18  to prove that, at the time of the refusal, the petitioner's 
  9.19  refusal to permit the test was based upon reasonable grounds. 
  9.20     (d) Certified or otherwise authenticated copies of 
  9.21  laboratory or medical personnel reports, records, documents, 
  9.22  licenses, and certificates shall be admissible as substantive 
  9.23  evidence.  
  9.24     (e) The court shall order that the revocation or 
  9.25  disqualification be either rescinded or sustained and forward 
  9.26  the order to the commissioner of public safety.  The court shall 
  9.27  file its order within 14 days following the hearing.  If the 
  9.28  revocation or disqualification is sustained, the court shall 
  9.29  also forward the person's driver's license or permit to the 
  9.30  commissioner of public safety for further action by the 
  9.31  commissioner of public safety if the license or permit is not 
  9.32  already in the commissioner's possession. 
  9.33     Sec. 8.  Minnesota Statutes 1998, section 192A.555, is 
  9.34  amended to read: 
  9.35     192A.555 [DRUNKEN OR RECKLESS DRIVING.] 
  9.36     Any person subject to this code who drives, operates or is 
 10.1   in actual physical control of any vehicle or aircraft while 
 10.2   under the influence of an alcoholic beverage or narcotic drug or 
 10.3   a combination thereof or whose blood contains 0.10 0.08 percent 
 10.4   or more by weight of alcohol or who operates said vehicle or 
 10.5   aircraft in a reckless or wanton manner, shall be punished as a 
 10.6   court-martial may direct.  Chemical and other tests for 
 10.7   intoxication shall be made only in accordance with rules issued 
 10.8   under this code. 
 10.9      Sec. 9.  Minnesota Statutes 1998, section 609.21, 
 10.10  subdivision 1, is amended to read: 
 10.11     Subdivision 1.  [CRIMINAL VEHICULAR HOMICIDE.] A person is 
 10.12  guilty of criminal vehicular homicide resulting in death and may 
 10.13  be sentenced to imprisonment for not more than ten years or to 
 10.14  payment of a fine of not more than $20,000, or both, if the 
 10.15  person causes the death of a human being not constituting murder 
 10.16  or manslaughter as a result of operating a motor vehicle: 
 10.17     (1) in a grossly negligent manner; 
 10.18     (2) in a negligent manner while under the influence of: 
 10.19     (i) alcohol; 
 10.20     (ii) a controlled substance; or 
 10.21     (iii) any combination of those elements; 
 10.22     (3) while having an alcohol concentration of 0.10 0.08 or 
 10.23  more; 
 10.24     (4) while having an alcohol concentration of 0.10 0.08 or 
 10.25  more, as measured within two hours of the time of driving; 
 10.26     (5) in a negligent manner while knowingly under the 
 10.27  influence of a hazardous substance; 
 10.28     (6) in a negligent manner while any amount of a controlled 
 10.29  substance listed in schedule I or II, other than marijuana or 
 10.30  tetrahydrocannabinols, is present in the person's body; or 
 10.31     (7) where the driver who causes the accident leaves the 
 10.32  scene of the accident in violation of section 169.09, 
 10.33  subdivision 1 or 6. 
 10.34     Sec. 10.  [EFFECTIVE DATE.] 
 10.35     Sections 1 to 9 are effective August 1, 1999, and apply to 
 10.36  offenses committed on and after that date.