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HF 2246

as introduced - 87th Legislature (2011 - 2012) Posted on 02/27/2012 03:32pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
 relating to public safety; allowing convictions under the original criminal
vehicular operation law to enhance certain DWI offenses; correcting a legislative
oversight; amending Minnesota Statutes 2010, sections 169A.03, subdivisions
20, 21; 169A.24, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 169A.03, subdivision 20, is amended to
read:


Subd. 20.

Prior impaired driving conviction.

"Prior impaired driving conviction"
includes a prior conviction under:

(1) section 169A.20 (driving while impaired); 169A.31 (alcohol-related school bus
or Head Start bus driving); or 360.0752 (impaired aircraft operation);

(2) section 609.21 (criminal vehicular homicide and injury, substance-related
offenses), subdivision 1, clauses (2) to (6);

(3) Minnesota Statutes 1998, section 169.121 (driver under influence of alcohol or
controlled substance); 169.1211 (alcohol-related driving by commercial vehicle drivers);
or 169.129 (aggravated DWI-related violations; penalty);

(4) Minnesota Statutes 1996, section 84.91, subdivision 1, paragraph (a) (operating
snowmobile or all-terrain vehicle while impaired); or 86B.331, subdivision 1, paragraph
(a) (operating motorboat while impaired); deleted text begin or
deleted text end

(5) new text begin Minnesota Statutes 2006, section 609.21 (criminal vehicular homicide and injury,
substance-related offenses), subdivision 1, clauses (2) to (6); subdivision 2, clauses (2) to
(6); subdivision 2a, clauses (2) to (6); subdivision 2b, clauses (2) to (6); subdivision 3,
clauses (2) to (6); or subdivision 4, clauses (2) to (6); or
new text end

new text begin (6) new text end an ordinance from this state, or a statute or ordinance from another state, in
conformity with any provision listed in clause (1), (2), (3), deleted text begin ordeleted text end (4)new text begin , or (5)new text end .

A "prior impaired driving conviction" also includes a prior juvenile adjudication that
would have been a prior impaired driving conviction if committed by an adult.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to crimes committed on or after that date.
 new text end

Sec. 2.

Minnesota Statutes 2010, section 169A.03, subdivision 21, is amended to read:


Subd. 21.

Prior impaired driving-related loss of license.

(a) "Prior impaired
driving-related loss of license" includes a driver's license suspension, revocation,
cancellation, denial, or disqualification under:

(1) section 169A.31 (alcohol-related school bus or Head Start bus driving);
169A.50 to 169A.53 (implied consent law); 169A.54 (impaired driving convictions and
adjudications; administrative penalties); 171.04 (persons not eligible for drivers' licenses);
171.14 (cancellation); 171.16 (court may recommend suspension); 171.165 (commercial
driver's license, disqualification); 171.17 (revocation); or 171.18 (suspension); because of
an alcohol-related incident;

(2) section 609.21 (criminal vehicular homicide and injury, substance-related
offenses), subdivision 1, clauses (2) to (6);

(3) Minnesota Statutes 1998, section 169.121 (driver under influence of alcohol or
controlled substance); 169.1211 (alcohol-related driving by commercial vehicle drivers);
or 169.123 (chemical tests for intoxication); deleted text begin or
deleted text end

(4) new text begin Minnesota Statutes 2006, section 609.21 (criminal vehicular homicide and injury,
substance-related offenses), subdivision 1, clauses (2) to (6); subdivision 2, clauses (2) to
(6); subdivision 2a, clauses (2) to (6); subdivision 2b, clauses (2) to (6); subdivision 3,
clauses (2) to (6); or subdivision 4, clauses (2) to (6); or
new text end

new text begin (5) new text end an ordinance from this state, or a statute or ordinance from another state, in
conformity with any provision listed in clause (1), (2), deleted text begin ordeleted text end (3)new text begin , or (4)new text end .

(b) "Prior impaired driving-related loss of license" also includes the revocation of
snowmobile or all-terrain vehicle operating privileges under section 84.911 (chemical
testing), or motorboat operating privileges under section 86B.335 (testing for alcohol
and controlled substances), for violations that occurred on or after August 1, 1994; the
revocation of snowmobile or all-terrain vehicle operating privileges under section 84.91
(operation of snowmobiles and all-terrain vehicles by persons under the influence of
alcohol or controlled substances); or the revocation of motorboat operating privileges
under section 86B.331 (operation while using alcohol or drugs or with a physical or
mental disability).

(c) "Prior impaired driving-related loss of license" does not include any license
action stemming solely from a violation of section 169A.33 (underage drinking and
driving), 171.09 (conditions of a restricted license), or 340A.503 (persons under the age
of 21, illegal acts).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to crimes committed on or after that date.
 new text end

Sec. 3.

Minnesota Statutes 2010, section 169A.24, subdivision 1, is amended to read:


Subdivision 1.

Degree described.

A person who violates section 169A.20 (driving
while impaired) is guilty of first-degree driving while impaired if the person:

(1) commits the violation within ten years of the first of three or more qualified
prior impaired driving incidents;

(2) has previously been convicted of a felony under this section; or

(3) has previously been convicted of a felony undernew text begin :
new text end

new text begin (i) new text end section 609.21new text begin (criminal vehicular homicide and injury, substance-related
offenses)new text end , subdivision 1, deleted text begin clausedeleted text end new text begin clauses new text end (2)deleted text begin , (3), (4), (5), ordeleted text end new text begin to new text end (6)new text begin ; or
new text end

new text begin (ii) Minnesota Statutes 2006, section 609.21 (criminal vehicular homicide and injury,
substance-related offenses), subdivision 1, clauses (2) to (6); subdivision 2, clauses (2) to
(6); subdivision 2a, clauses (2) to (6); subdivision 3, clauses (2) to (6); or subdivision 4,
clauses (2) to (6)new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to crimes committed on or after that date.
 new text end