Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1994, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 615-S.F.No. 1961
An act relating to driving while intoxicated; imposing
increased penalties on persons who operate a
snowmobile or motorboat while intoxicated and who have
previously been convicted of driving a motor vehicle
while intoxicated; requiring reports of accidents and
deaths related to recreational motor vehicles and
watercraft; modifying provisions relating to forfeited
vehicles; imposing minimum mandatory sentences for
habitual offenders; clarifying conditions under which
juvenile's driver's license may be suspended for
underage drinking violations; changing sentencing
guidelines; extending maximum length for multiple
gross misdemeanor sentences and combined gross
misdemeanor and misdemeanor sentences; extending
maximum length of a stayed gross misdemeanor DWI
sentence and certain felony sentences; authorizing
consecutive sentences for multiple crimes committed by
repeat DWI offenders; authorizing certain cities to
transfer responsibility for petty misdemeanor and
misdemeanor offenses to the county attorney;
clarifying prosecution authority for certain offenses;
amending Minnesota Statutes 1992, sections 84.91,
subdivisions 5 and 7; 84.911, by adding a subdivision;
86B.331, subdivisions 5 and 7; 86B.335, by adding a
subdivision; 86B.341, subdivision 1; 168.042,
subdivision 8; 169.121, subdivision 11; 169.791,
subdivision 2; 171.12, subdivision 2; and 629.471,
subdivision 2; Minnesota Statutes 1993 Supplement,
sections 84.924, subdivision 3; 169.121, subdivisions
1c, 3, 3a, and 4; 169.1217, subdivision 9; 169.129;
171.24; 340A.503, subdivision 1; 487.25, subdivision
10; 609.035; 609.135, subdivision 2; and 609.15,
subdivision 2; proposing coding for new law in
Minnesota Statutes, chapter 169; repealing Minnesota
Statutes 1992, sections 84.87, subdivision 2b; and
84.928, subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1992, section 84.91,
subdivision 5, is amended to read:
Subd. 5. [PENALTIES.] (a) A person who violates any
prohibition contained in subdivision 1, or an ordinance in
conformity with it, is guilty of a misdemeanor.
(b) A person is guilty of a gross misdemeanor who violates
any prohibition contained in subdivision 1:
(1) within five years of a prior:
(i) conviction under that subdivision or subdivision 1,
sections 86B.331, subdivision 1, 169.121, 169.129, or 609.21,
subdivisions 1, clauses (2) to (4), 2, clauses (2) to (4), 3,
clauses (2) to (4), or 4, clauses (2) to (4);
(ii) civil liability under section 84.911, subdivision 2,
or section 86B.335, subdivision 2; or
(iii) conviction under an ordinance of this state or a
statute or ordinance from another state in conformity with
either any of them,; or
(2) within ten years of the first of two or more prior:
(i) convictions under that subdivision or subdivision 1,
sections 86B.331, subdivision 1, 169.121, 169.129, or 609.21,
subdivision 1, clauses (2) to (4), 2, clauses (2) to (4), 3,
clauses (2) to (4), or 4, clauses (2) to (4);
(ii) civil liability liabilities under section 84.911,
subdivision 2, or an ordinance section 86B.335, subdivision 2;
(iii) convictions of ordinances in conformity with either
any of them, is guilty of a gross misdemeanor; or
(iv) convictions or liabilities under any combination of
items (i) to (iii).
(c) The attorney in the jurisdiction where the violation
occurred who is responsible for prosecuting misdemeanor
violations of this section is also responsible for prosecuting
gross misdemeanor violations of this section. When an attorney
responsible for prosecuting gross misdemeanors under this
section requests criminal history information relating to prior
convictions from a court, the court must furnish the information
without charge.
(d) A person who operates a snowmobile or all-terrain
vehicle during the period the person is prohibited from
operating the vehicle under subdivision 6 is guilty of a
misdemeanor.
Sec. 2. Minnesota Statutes 1992, section 84.91,
subdivision 7, is amended to read:
Subd. 7. [DUTIES OF COMMISSIONER.] The court shall
promptly forward to the commissioner and the department of
public safety copies of all convictions and criminal and civil
penalties imposed under subdivision 5 and section 84.911,
subdivision 2. The commissioner shall notify the convicted
person of the period during which the person is prohibited from
operating a snowmobile or all-terrain vehicle under subdivision
6 or section 84.911, subdivision 2. The commissioner shall also
periodically circulate to appropriate law enforcement agencies a
list of all persons who are prohibited from operating a
snowmobile or all-terrain vehicle under subdivision 6 or section
84.911, subdivision 2.
Sec. 3. Minnesota Statutes 1992, section 84.911, is
amended by adding a subdivision to read:
Subd. 7. [CORONER TO REPORT DEATH.] Every coroner or
medical examiner shall report in writing to the department of
natural resources the death of any person within the coroner's
jurisdiction as the result of an accident involving a
recreational motor vehicle, as defined in section 84.90,
subdivision 1, and the circumstances of the accident. The
report shall be made within 15 days after the death.
In the case of drivers killed in recreational motor vehicle
accidents and of the death of passengers 14 years of age or
older, who die within four hours after accident, the coroner or
medical examiner shall examine the body and shall make tests as
are necessary to determine the presence and percentage
concentration of alcohol, and drugs if feasible, in the blood of
the victim. This information shall be included in each report
submitted pursuant to the provisions of this subdivision and
shall be tabulated by the department of natural resources.
Periodically, the commissioner of natural resources must
transmit a summary of the reports to the commissioner of public
safety.
Sec. 4. Minnesota Statutes 1993 Supplement, section
84.924, subdivision 3, is amended to read:
Subd. 3. [ACCIDENT REPORT; REQUIREMENT AND FORM.] The
operator and an officer investigating an accident of an
all-terrain vehicle involved in an accident resulting in injury
requiring medical attention or hospitalization to or death of a
person or total damage to an extent of $500 or more shall within
ten business days forward a written report of the accident to
the commissioner of natural resources on a form prescribed by
either the commissioner of natural resources or by the
commissioner of public safety. If the operator is killed or is
unable to file a report due to incapacitation, any peace officer
investigating the accident shall file the accident report within
ten business days. Periodically, the commissioner of natural
resources must transmit a summary of the accident reports to the
commissioner of public safety.
Sec. 5. Minnesota Statutes 1992, section 86B.331,
subdivision 5, is amended to read:
Subd. 5. [PENALTIES.] (a) A person who violates a
prohibition contained in subdivision 1, or an ordinance in
conformity with it, is guilty of a misdemeanor.
(b) A person is guilty of a gross misdemeanor who violates
a prohibition contained in subdivision 1:
(1) within five years of a prior:
(i) conviction under that subdivision or subdivision 1,
sections 84.91, subdivision 1, 169.121, 169.129, or 609.21,
subdivision 1, clauses (2) to (4), 2, clauses (2) to (4), 3,
clauses (2) to (4), or 4, clauses (2) to (4);
(ii) civil liability under section 84.911, subdivision 2,
or 86B.335, subdivision 2,; or
(iii) conviction under an ordinance of this state or a
statute or ordinance from another state in conformity with
either any of them,; or
(2) within ten years of the first of two or more prior:
(i) convictions under that subdivision or subdivision 1,
sections 84.91, subdivision 1, 169.121, 169.129, or 609.21,
subdivisions 1, clauses (2) to (4), 2, clauses (2) to (4), 3,
clauses (2) to (4), or 4, clauses (2) to (4);
(ii) civil liability liabilities under section 84.911,
subdivision 2, or 86B.335, subdivision 2, or an ordinance;
(iii) convictions of ordinances in conformity with either
any of them, is guilty of a gross misdemeanor; or
(iv) convictions or liabilities under any combination of
items (i) to (iii).
(c) The attorney in the jurisdiction where the violation
occurred who is responsible for prosecution of misdemeanor
violations of this section is also responsible for prosecution
of gross misdemeanor violations of this section. When an
attorney responsible for prosecuting gross misdemeanors under
this section requests criminal history information relating to
prior convictions from a court, the court must furnish the
information without charge.
(d) A person who operates a motorboat on the waters of this
state during the period the person is prohibited from operating
any motorboat or after the person's watercraft operator's permit
has been revoked, as provided under subdivision 6, is guilty of
a misdemeanor.
Sec. 6. Minnesota Statutes 1992, section 86B.331,
subdivision 7, is amended to read:
Subd. 7. [DUTIES OF COMMISSIONER.] The court shall
promptly forward copies of all convictions and criminal and
civil penalties imposed under subdivision 5 and section 86B.335,
subdivision 2, to the commissioner and the department of public
safety. The commissioner shall notify the convicted person of
the period when the person is prohibited from operating a
motorboat as provided under subdivision 6 or section 86B.335,
subdivision 2. The commissioner shall also periodically
circulate to appropriate law enforcement agencies a list of all
persons who are prohibited from operating any motorboat or have
had their watercraft operator's permits revoked pursuant to
subdivision 6 or section 86B.335, subdivision 2.
Sec. 7. Minnesota Statutes 1992, section 86B.335, is
amended by adding a subdivision to read:
Subd. 13. [CORONER TO REPORT DEATH.] Every coroner or
medical examiner shall report in writing to the department of
natural resources the death of any person within the coroner's
jurisdiction as the result of an accident involving any
watercraft or drowning and the circumstances of the accident.
The report shall be made within 15 days after the death or
recovery.
In the case of operators killed in watercraft accidents, or
the death of passengers or drowning victims 14 years of age or
older, who die within four hours after accident, the coroner or
medical examiner shall examine the body and shall make tests as
are necessary to determine the presence and percentage
concentration of alcohol, and drugs if feasible, in the blood of
the victim. This information shall be included in each report
submitted pursuant to the provisions of this subdivision and
shall be tabulated by the department of natural resources.
Periodically, the commissioner of natural resources must
transmit a summary of the reports to the commissioner of public
safety.
Sec. 8. Minnesota Statutes 1992, section 86B.341,
subdivision 1, is amended to read:
Subdivision 1. [OPERATOR'S DUTY AT ACCIDENT OR INCIDENT.]
(a) The operator of a watercraft involved in an accident or
incident resulting in injury or death to a person or in damage
to property shall, if possible without serious danger to the
watercraft or the persons aboard, immediately stop at the scene
of the accident or incident and render assistance as may be
practicable and necessary.
(b) The operator must give the operator's name, address,
and license number of the watercraft and the name and address of
the owner of the watercraft to the person injured or the
operator or occupants of the other watercraft or owner or
occupant of the property involved. The operator must promptly
report the accident or incident to the sheriff of the county
where the accident or incident occurred. Sheriffs are required
to report all accidents and incidents to the commissioner of
natural resources, who shall must periodically transmit a
summary of the reports to the commissioner of public safety, and
transmit statistics on boating accidents and incidents to the
United States Coast Guard.
Sec. 9. Minnesota Statutes 1992, section 168.042,
subdivision 8, is amended to read:
Subd. 8. [REISSUANCE OF REGISTRATION PLATES.] (a) The
commissioner shall rescind the impoundment order if a person
subject to an impoundment order under this section, other than
the violator, files with the commissioner an acceptable sworn
statement that the person containing the following information:
(1) that the person is the registered owner of the vehicle
from which the plates have been impounded under this section;
(2) that the person is the current owner and possessor of
the vehicle used in the violation;
(3) the date on which the violator obtained the vehicle
from the registered owner;
(4) the residence addresses of the registered owner and the
violator on the date the violator obtained the vehicle from the
registered owner;
(5) that the person was not a passenger in the vehicle at
the time of the violation; and
(4) (6) that the person knows that the violator may not
drive, operate, or be in physical control of a vehicle without a
valid driver's license.
(b) The commissioner may not rescind the impoundment order
nor reissue registration plates to a registered owner if the
owner knew or had reason to know that the violator did not have
a valid driver's license on the date the violator obtained the
vehicle from the owner.
(c) If the order is rescinded, the owner shall receive new
registration plates at no cost, if the plates were seized and
destroyed.
Sec. 10. Minnesota Statutes 1993 Supplement, section
169.121, subdivision 1c, is amended to read:
Subd. 1c. [CONDITIONAL RELEASE.] Unless maximum bail is
imposed, a person charged with violating subdivision 1 within
ten years of the first of three prior impaired driving
convictions or within the person's lifetime after four or more
prior impaired driving convictions may be released from
detention only upon if the following conditions unless maximum
bail is imposed are imposed in addition to the other conditions
of release ordered by the court:
(1) the impoundment of the registration plates of the
vehicle used to commit the violation occurred, unless already
impounded;
(2) a requirement that the alleged violator report weekly
to a probation agent;
(3) a requirement that the alleged violator abstain from
consumption of alcohol and controlled substances and submit to
random, weekly alcohol tests or urine analyses; and
(4) a requirement that, if convicted, the alleged violator
reimburse the court or county for the total cost of these
services.
Sec. 11. Minnesota Statutes 1993 Supplement, section
169.121, subdivision 3, is amended to read:
Subd. 3. [CRIMINAL PENALTIES.] (a) As used in this
subdivision:
(1) "prior impaired driving conviction" means a prior
conviction under this section; section 84.91, subdivision 1,
paragraph (a); 86B.331, subdivision 1, paragraph (a); 169.129;
360.0752; 609.21, subdivision 1, clauses (2) to (4); 609.21,
subdivision 2, clauses (2) to (4); 609.21, subdivision 2a,
clauses (2) to (4); 609.21, subdivision 3, clauses (2) to (4);
609.21, subdivision 4, clauses (2) to (4); or an ordinance from
this state, or a statute or ordinance from another state in
conformity with any of them. 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; and
(2) "prior license revocation" means a driver's license
suspension, revocation, or cancellation under this section;
section 169.123; 171.04; 171.14; 171.16; 171.17; or 171.18
because of an alcohol-related incident; 609.21, subdivision 1,
clauses (2) to (4); 609.21, subdivision 2, clauses (2) to (4);
609.21, subdivision 2a, clauses (2) to (4); 609.21, subdivision
3, clauses (2) to (4); or 609.21, subdivision 4, clauses (2) to
(4).
(b) A person who violates subdivision 1 or 1a, or an
ordinance in conformity with either of them, is guilty of a
misdemeanor.
(c) A person is guilty of a gross misdemeanor under any of
the following circumstances:
(1) the person violates subdivision 1 within five years of
a prior impaired driving conviction, or within ten years of the
first of two or more prior impaired driving convictions;
(2) the person violates subdivision 1a within five years of
a prior license revocation, or within ten years of the first of
two or more prior license revocations;
(3) the person violates section 169.26 while in violation
of subdivision 1; or
(4) the person violates subdivision 1 or 1a while a child
under the age of 16 is in the vehicle, if the child is more than
36 months younger than the violator.
(d) The attorney in the jurisdiction in which the violation
occurred who is responsible for prosecution of misdemeanor
violations of this section shall also be responsible for
prosecution of gross misdemeanor violations of this section.
(e) The court must impose consecutive sentences when it
sentences a person for a violation of this section or section
169.29 arising out of separate behavioral incidents. The court
also must impose a consecutive sentence when it sentences a
person for a violation of this section or section 169.129 and
the person, at the time of sentencing, is on probation for, or
serving, an executed sentence for a violation of this section or
section 169.29 and the prior sentence involved a separate
behavioral incident. The court also may order that the sentence
imposed for a violation of this section or section 169.29 shall
run consecutively to a previously imposed misdemeanor, gross
misdemeanor or felony sentence for a violation other than this
section or section 169.129.
(f) When an attorney responsible for prosecuting gross
misdemeanors under this section requests criminal history
information relating to prior impaired driving convictions from
a court, the court must furnish the information without charge.
(g) A violation of subdivision 1a may be prosecuted either
in the jurisdiction where the arresting officer observed the
defendant driving, operating, or in control of the motor vehicle
or in the jurisdiction where the refusal occurred.
Sec. 12. Minnesota Statutes 1993 Supplement, section
169.121, subdivision 3a, is amended to read:
Subd. 3a. [HABITUAL OFFENDER PENALTIES.] (a) If Except as
otherwise provided in paragraph (b), a person has been convicted
under this section, section 169.129, an ordinance in conformity
with either of them, or a statute or ordinance from another
state in conformity with either of them, and if the person is
then convicted of a gross misdemeanor violation of this section,
a violation of section 169.129, or an ordinance in conformity
with either of them (1) once within five years after the first
conviction or (2) two or more times within ten years after the
first conviction, the person must be sentenced to a minimum of
30 days imprisonment, at least 48 hours of which must be served
consecutively, or to eight hours of community work service for
each day less than 30 days that the person is ordered to serve
in jail. Provided, that if a person is convicted of violating
this section, section 169.129, or an ordinance in conformity
with either of them two or more times within five years after
the first conviction, or within five years after the first of
two or more license revocations, as defined in subdivision 3,
paragraph (a), clause (2), the person must be sentenced to a
minimum of 30 days imprisonment, at least 48 hours of which must
be served consecutively, and the sentence may not be waived
under paragraph (b) or (c) or (d). Notwithstanding section
609.135, the above sentence must be executed, unless the court
departs from the mandatory minimum sentence under paragraph (b)
or (c) or (d).
(b) A person must be sentenced to a minimum of one year of
incarceration, at least 48 hours of which must be served
consecutively, or of intensive probation using an electronic
alcohol monitoring system, or a combination thereof, if the
person is convicted of violating this section, section 169.129,
or an ordinance in conformity with either of them: (1) within
10 years of the first of five, or within 15 years of the first
of seven, prior license revocations, as defined in subdivision
3, paragraph (a), clause (2), or (2) within 10 years of the
first of five, or within 15 years of the first of seven, prior
convictions under this section, section 169.129, or an ordinance
in conformity with either of them.
(b) (c) Prior to sentencing the prosecutor may file a
motion to have the defendant sentenced without regard to the
mandatory minimum sentence established by this subdivision. The
motion must be accompanied by a statement on the record of the
reasons for it. When presented with the prosecutor's motion and
if it finds that substantial mitigating factors exist, the court
shall sentence the defendant without regard to the mandatory
minimum sentence established by this subdivision.
(c) (d) The court may, on its own motion, sentence the
defendant without regard to the mandatory minimum sentence
established by this subdivision if it finds that substantial
mitigating factors exist and if its sentencing departure is
accompanied by a statement on the record of the reasons for it.
(d) (e) The court may sentence the defendant without regard
to the mandatory minimum sentence established by this
subdivision if the defendant is sentenced to probation and
ordered to participate in a program established under section
169.1265.
(e) (f) When any portion of the sentence required by this
subdivision is not executed, the court should impose a sentence
that is proportional to the extent of the offender's prior
criminal and moving traffic violation record. Any sentence
required under this subdivision must include a mandatory
sentence that is not subject to suspension or a stay of
imposition or execution, and that includes incarceration for not
less than 48 consecutive hours or at least 80 hours of community
work service.
Sec. 13. Minnesota Statutes 1993 Supplement, section
169.121, subdivision 4, is amended to read:
Subd. 4. [ADMINISTRATIVE PENALTIES.] (a) The commissioner
of public safety shall revoke the driver's license of a person
convicted of violating this section or an ordinance in
conformity with it as follows:
(1) first offense under subdivision 1: not less than 30
days;
(2) first offense under subdivision 1a: not less than 90
days;
(3) second offense in less than five years, or third or
subsequent offense on the record: (i) if the current conviction
is for a violation of subdivision 1, not less than 180 days and
until the court has certified that treatment or rehabilitation
has been successfully completed where prescribed in accordance
with section 169.126; or (ii) if the current conviction is for a
violation of subdivision 1a, not less than one year and until
the court has certified that treatment or rehabilitation has
been successfully completed where prescribed in accordance with
section 169.126;
(4) third offense in less than five years: not less than
one year, together with denial under section 171.04, subdivision
1, clause (8), until rehabilitation is established in accordance
with standards established by the commissioner;
(5) fourth or subsequent offense on the record: not less
than two years, together with denial under section 171.04,
subdivision 1, clause (8), until rehabilitation is established
in accordance with standards established by the commissioner.
(b) If the person convicted of violating this section is
under the age of 21 years, the commissioner of public safety
shall revoke the offender's driver's license or operating
privileges for a period of six months or for the appropriate
period of time under paragraph (a), clauses (1) to (5), for the
offense committed, whichever is the greatest period.
(c) For purposes of this subdivision, a juvenile
adjudication under this section, section 169.129, an ordinance
in conformity with either of them, or a statute or ordinance
from another state in conformity with either of them is an
offense.
(d) Whenever department records show that the violation
involved personal injury or death to any person, not less than
90 additional days shall be added to the base periods provided
above.
(e) Except for a person whose license has been revoked
under paragraph (b), and except for a person who commits a
violation described in subdivision 3, paragraph (c), clause (4),
(child endangerment), any person whose license has been revoked
pursuant to section 169.123 as the result of the same incident,
and who does not have a prior impaired driving conviction or
prior license revocation as defined in subdivision 3 within the
previous ten years, is subject to the mandatory revocation
provisions of paragraph (a), clause (1) or (2), in lieu of the
mandatory revocation provisions of section 169.123.
Sec. 14. Minnesota Statutes 1992, section 169.121,
subdivision 11, is amended to read:
Subd. 11. [APPLICABILITY TO RECREATIONAL VEHICLES.] For
purposes of this section and section 169.123, "motor vehicle"
does not include a snowmobile as defined in section 84.81, or an
all-terrain vehicle as defined in section 84.92. This
subdivision does not prevent the commissioner of public safety
from recording on driving records violations involving
snowmobiles and all-terrain vehicles.
Sec. 15. Minnesota Statutes 1993 Supplement, section
169.1217, subdivision 9, is amended to read:
Subd. 9. [DISPOSITION OF FORFEITED VEHICLES.] (a) If the
court finds under subdivision 8 that the vehicle is subject to
forfeiture, it shall order the appropriate agency to:
(1) sell the vehicle and distribute the proceeds under
paragraph (b); or
(2) keep the vehicle for official use. If the agency keeps
a forfeited motor vehicle for official use, it shall make
reasonable efforts to ensure that the motor vehicle is available
for use by the agency's officers who participate in the drug
abuse resistance education program.
(b) The proceeds from the sale of forfeited vehicles, after
payment of seizure, storage, forfeiture, and sale expenses, and
satisfaction of valid liens against the property, must be
forwarded to the treasury of the political subdivision that
employs the appropriate agency responsible for the forfeiture
for use in DWI-related enforcement, training and education. If
the appropriate agency is an agency of state government, the net
proceeds must be forwarded to the agency for use in DWI-related
enforcement, training, and education until June 30, 1994, and
thereafter to the state treasury and credited to the general
fund.
Sec. 16. Minnesota Statutes 1993 Supplement, section
169.129, is amended to read:
169.129 [AGGRAVATED VIOLATIONS; PENALTY.]
Any person is guilty of a gross misdemeanor who drives,
operates, or is in physical control of a motor vehicle, the
operation of which requires a driver's license, within this
state or upon the ice of any boundary water of this state in
violation of section 169.121 or an ordinance in conformity with
it before the person's driver's license or driver's privilege
has been reinstated following its cancellation, suspension,
revocation, or denial under any of the following: section
169.121, 169.1211, or 169.123; section 171.04, 171.14, 171.16,
171.17, or 171.18 because of an alcohol-related incident;
section 609.21, subdivision 1, clauses (2) to (4); 609.21,
subdivision 2, clauses (2) to (4); 609.21, subdivision 2a,
clauses (2) to (4); 609.21, subdivision 3, clauses (2) to (4);
or 609.21, subdivision 4, clauses (2) to (4).
The attorney in the jurisdiction in which the violation of
this section occurred who is responsible for prosecution of
misdemeanor violations of section 169.121 shall also be
responsible for prosecution of violations of this section.
Sec. 17. Minnesota Statutes 1992, section 169.791,
subdivision 2, is amended to read:
Subd. 2. [REQUIREMENT FOR DRIVER WHETHER OR NOT THE
OWNER.] Every driver shall have in possession at all times when
operating a vehicle and shall produce on demand of a peace
officer proof of insurance in force at the time of the demand
covering the vehicle being operated. If the driver does not
produce the required proof of insurance upon the demand of a
peace officer, the driver is guilty of a misdemeanor. A person
is guilty of a gross misdemeanor who violates this section
within ten years of the first of two prior convictions under
this section, section 169.797, or a statute or ordinance in
conformity with one of those sections. The same prosecuting
authority who is responsible for prosecuting misdemeanor
violations of this section is responsible for prosecuting gross
misdemeanor violations of this section. A driver who is not the
owner of the vehicle may not be convicted under this section
unless the driver knew or had reason to know that the owner did
not have proof of insurance required by this section, provided
that the driver provides the officer with the name and address
of the owner at the time of the demand or complies with
subdivision 3.
Sec. 18. [TAB CHARGES.]
The supreme court is requested to consider adding to the
offenses listed in rule 17.01 of the Rules of Criminal
Procedures a gross misdemeanor violation of section 171.24
(driving without a license) so that that offense may be
prosecuted by tab charge in lieu of indictment or complaint.
Sec. 19. Minnesota Statutes 1992, section 171.12,
subdivision 2, is amended to read:
Subd. 2. [ACCIDENT REPORTS AND RECORDS OF CONVICTION
FILED.] The department shall file all accident reports and
abstracts of court records of convictions and violations
received by it under the laws of this state and its political
subdivisions, and in connection therewith maintain convenient
records or make suitable notations in order that an individual
record of each licensee showing the convictions of such licensee
and the traffic accidents in which the licensee has been
involved shall be readily ascertainable and available for the
consideration of the department upon any application for renewal
of license and the revocation, suspension, or limitation of
licenses.
Sec. 20. Minnesota Statutes 1993 Supplement, section
171.24, is amended to read:
171.24 [VIOLATIONS; DRIVING WITHOUT VALID LICENSE.]
(a) Except as otherwise provided in paragraph (c), any
person whose driver's license or driving privilege has been
canceled, suspended, or revoked and who has been given notice
of, or reasonably should know of the revocation, suspension, or
cancellation, and who disobeys such order by operating anywhere
in this state any motor vehicle, the operation of which requires
a driver's license, while such license or privilege is canceled,
suspended, or revoked is guilty of a misdemeanor.
(b) Any person who has been disqualified from holding a
commercial driver's license or been denied the privilege to
operate a commercial motor vehicle, who has been given notice of
or reasonably should know of the disqualification, and who
disobeys the order by operating in this state a commercial motor
vehicle while the person is disqualified to hold the license or
privilege, is guilty of a misdemeanor.
(c) A person is guilty of a gross misdemeanor if:
(1) the person's driver's license or driving privileges has
been canceled under section 171.04, subdivision 1, clause (8),
and the person has been given notice of or reasonably should
know of the cancellation; and
(2) the person disobeys the order by operating in this
state any motor vehicle, the operation of which requires a
driver's license, while the person's license or privilege is
canceled.
(d) The attorney in the jurisdiction in which the violation
occurred who is responsible for prosecution of misdemeanor
violations of this section is also responsible for prosecution
of gross misdemeanor violations of this section.
(e) Notice of revocation, suspension, cancellation, or
disqualification is sufficient if personally served, or if
mailed by first class mail to the person's last known address or
to the address listed on the person's driver's license. Notice
is also sufficient if the person was informed that revocation,
suspension, cancellation, or disqualification would be imposed
upon a condition occurring or failing to occur, and where the
condition has in fact occurred or failed to occur. It is not a
defense that a person failed to file a change of address with
the post office, or failed to notify the department of public
safety of a change of name or address as required under section
171.11.
Sec. 21. Minnesota Statutes 1993 Supplement, section
340A.503, subdivision 1, is amended to read:
Subdivision 1. [CONSUMPTION.] (a) It is unlawful for any:
(1) retail intoxicating liquor or nonintoxicating liquor
licensee, municipal liquor store, or bottle club permit holder
under section 340A.414, to permit any person under the age of 21
years to consume drink alcoholic beverages on the licensed
premises or within the municipal liquor store; or
(2) person under the age of 21 years to consume any
alcoholic beverages. As used in this clause, "consume" includes
the ingestion of an alcoholic beverage and the physical
condition of having ingested an alcoholic beverage. If proven
by a preponderance of the evidence, it is an affirmative defense
to a violation of this clause that the defendant consumed the
alcoholic beverage in the household of the defendant's parent or
guardian and with the consent of the parent or guardian.
(b) An offense under paragraph (a), clause (2), may be
prosecuted either at the place where consumption occurs or the
place where evidence of consumption is observed.
(c) When a person is convicted of or adjudicated for an
offense under paragraph (a), clause (2), the court shall
determine whether the person committed the offense consumed the
alcohol while operating a motor vehicle. If so, the court shall
notify the commissioner of public safety of its determination.
Upon receipt of the court's determination, the commissioner
shall suspend the person's driver's license or operating
privileges for 30 days, or for 180 days if the person has
previously been convicted of or adjudicated for an offense under
paragraph (a), clause (2).
(d) As used in this paragraph, "consume" includes the
ingestion of an alcoholic beverage and the physical condition of
having ingested an alcoholic beverage.
Sec. 22. Minnesota Statutes 1993 Supplement, section
487.25, subdivision 10, is amended to read:
Subd. 10. [PROSECUTING ATTORNEYS.] Except as otherwise
provided by law, violations of state law that are petty
misdemeanors or misdemeanors must be prosecuted by the attorney
of the statutory or home rule charter city where the violation
is alleged to have occurred, if the city has a population
greater than 500 600. If a city has a population of 500 600 or
less, it may, by resolution of the city council, and with the
approval of the board of county commissioners, give the duty to
the county attorney. In cities of the first, second, and third
class, gross misdemeanor violations of sections 609.52, 609.535,
609.595, 609.631, and 609.821 must be prosecuted by the attorney
of the city where the violation is alleged to have occurred.
The statutory or home rule charter city may enter into an
agreement with the county board and the county attorney to
provide prosecution services for any criminal offense. All
other petty misdemeanors, misdemeanors, and gross misdemeanors
must be prosecuted by the county attorney of the county in which
the alleged violation occurred. All violations of a municipal
ordinance, charter provision, rule, or regulation must be
prosecuted by the attorney for the governmental unit that
promulgated the municipal ordinance, charter provision, rule, or
regulation, regardless of its population, or by the county
attorney with whom it has contracted to prosecute these matters.
In the counties of Anoka, Carver, Dakota, Scott, and
Washington, violations of state law that are petty misdemeanors,
misdemeanors, or gross misdemeanors except as provided in
section 388.051, subdivision 2, must be prosecuted by the
attorney of the statutory or home rule charter city where the
violation is alleged to have occurred. The statutory or home
rule charter city may enter into an agreement with the county
board and the county attorney to provide prosecution services
for any criminal offense. All other petty misdemeanors,
misdemeanors, or gross misdemeanors must be prosecuted by the
county attorney of the county in which the alleged violation
occurred. All violations of a municipal ordinance, charter
provision, rule, or regulation must be prosecuted by the
attorney for the governmental unit that promulgated the
municipal ordinance, charter provision, rule, or regulation or
by the county attorney with whom it has contracted to prosecute
these matters.
Sec. 23. Minnesota Statutes 1993 Supplement, section
609.035, is amended to read:
609.035 [CRIME PUNISHABLE UNDER DIFFERENT PROVISIONS.]
Subdivision 1. Except as provided in subdivision 2, and in
sections 609.251, 609.585, 609.21, subdivisions 3 and 4,
609.2691, 609.486, 609.494, and 609.856, if a person's conduct
constitutes more than one offense under the laws of this state,
the person may be punished for only one of the offenses and a
conviction or acquittal of any one of them is a bar to
prosecution for any other of them. All the offenses, if
prosecuted, shall be included in one prosecution which shall be
stated in separate counts.
Subd. 2. (a) When a person is being sentenced for a
violation of a provision listed in paragraph (f), the court may
sentence the person to a consecutive term of imprisonment for a
violation of any other provision listed in paragraph (f),
notwithstanding the fact that the offenses arose out of the same
course of conduct, subject to the limitation on consecutive
sentences contained in section 609.15, subdivision 2, and except
as provided in paragraphs (b), (c), and (d) of this subdivision.
(b) When a person is being sentenced for a violation of
section 169.129 the court may not impose a consecutive sentence
for a violation of a provision of section 169.121, subdivision
1, or for a violation of a provision of section 171.20, 171.24,
or 171.30.
(c) When a person is being sentenced for a violation of
section 171.20, 171.24, or 171.30, the court may not impose a
consecutive sentence for another violation of a provision in
chapter 171.
(d) When a person is being sentenced for a violation of
section 169.791 or 169.797, the court may not impose a
consecutive sentence for another violation of a provision of
sections 169.79 to 169.7995.
(e) This subdivision does not limit the authority of the
court to impose consecutive sentences for crimes arising on
different dates or to impose a consecutive sentence when a
person is being sentenced for a crime and is also in violation
of the conditions of a stayed or otherwise deferred sentence
under section 609.135.
(f) This subdivision applies to misdemeanor and gross
misdemeanor violations of the following if the offender has two
or more prior impaired driving convictions as defined in section
169.121, subdivision 3:
(1) section 169.121, subdivision 1, driving while
intoxicated;
(2) section 169.121, subdivision 1a, testing refusal;
(3) section 169.129, aggravated driving while intoxicated;
(4) section 169.791, failure to provide proof of insurance;
(5) section 169.797, failure to provide vehicle insurance;
(6) section 171.20, subdivision 2, operation after
revocation, suspension, cancellation, or disqualification;
(7) section 171.24, driving without valid license;
(8) section 171.30, violation of condition of limited
license; and
(9) section 609.487, fleeing a peace officer.
Sec. 24. Minnesota Statutes 1993 Supplement, section
609.135, subdivision 2, is amended to read:
Subd. 2. (a) If the conviction is for a felony the stay
shall be for not more than three four years or the maximum
period for which the sentence of imprisonment might have been
imposed, whichever is longer.
(b) If the conviction is for a gross misdemeanor violation
of section 169.121 or 169.129, the stay shall be for not more
than three four years. The court shall provide for unsupervised
probation for the last one year of the stay unless the court
finds that the defendant needs supervised probation for all or
part of the last one year.
(c) If the conviction is for a gross misdemeanor not
specified in paragraph (b), the stay shall be for not more than
two years.
(d) If the conviction is for any misdemeanor under section
169.121; 609.746, subdivision 1; 609.79; or 617.23; or for a
misdemeanor under section 609.224, subdivision 1, in which the
victim of the crime was a family or household member as defined
in section 518B.01, the stay shall be for not more than two
years. The court shall provide for unsupervised probation for
the second year of the stay unless the court finds that the
defendant needs supervised probation for all or part of the
second year.
(e) If the conviction is for a misdemeanor not specified in
paragraph (d), the stay shall be for not more than one year.
(f) The defendant shall be discharged six months after the
term of the stay expires, unless the stay has been revoked or
extended under paragraph (g), or the defendant has already been
discharged.
(g) Notwithstanding the maximum periods specified for stays
of sentences under paragraphs (a) to (f), a court may extend a
defendant's term of probation for up to one year if it finds, at
a hearing conducted under subdivision 1a, that:
(1) the defendant has not paid court-ordered restitution or
a fine in accordance with the payment schedule or structure; and
(2) the defendant is likely to not pay the restitution or
fine the defendant owes before the term of probation expires.
This one-year extension of probation for failure to pay
restitution or a fine may be extended by the court for up to one
additional year if the court finds, at another hearing conducted
under subdivision 1a, that the defendant still has not paid the
court-ordered restitution or fine that the defendant owes.
Sec. 25. Minnesota Statutes 1993 Supplement, section
609.15, subdivision 2, is amended to read:
Subd. 2. [LIMIT ON SENTENCES; MISDEMEANOR AND GROSS
MISDEMEANOR.] If the court specifies that the sentence shall run
consecutively and all of the sentences are for misdemeanors, the
total of the sentences shall not exceed one year. If the
sentences are for a gross misdemeanor and one or more
misdemeanors, the total of the sentences shall not exceed two
years. If all of the sentences are for gross misdemeanors, the
total of the sentences shall not exceed three four years.
Sec. 26. Minnesota Statutes 1992, section 629.471,
subdivision 2, is amended to read:
Subd. 2. [QUADRUPLE THE FINE.] For offenses under sections
169.09, 169.121, 169.129, 171.24, paragraph (c), 518B.01,
609.2231, subdivision 2, 609.224, 609.487, and 609.525, the
maximum cash bail that may be required for a person charged with
a misdemeanor or gross misdemeanor violation is quadruple the
highest cash fine that may be imposed for the offense.
Sec. 27. [SENTENCING GUIDELINES MODIFICATION.]
The sentencing guidelines commission shall modify the
sentencing guidelines by ranking violations of section 609.21,
subdivisions 1, clauses (3) and (4); and 3, clauses (3) and (4),
(criminal vehicular homicide) in severity level VII of the
sentencing guidelines grid.
Sec. 28. [REPEALER.]
Minnesota Statutes 1992, sections 84.87, subdivision 2b;
and 84.928, subdivision 3, are repealed.
Sec. 29. [EFFECTIVE DATE.]
Sections 1 to 28 are effective August 1, 1994 and apply to
crimes committed on or after that date.
Presented to the governor May 6, 1994
Signed by the governor May 10, 1994, 3:52 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes