1.1 	A bill for an act
1.2 	relating to criminal justice; modifying certain statutory provisions; amending 
1.3 	ignition interlock performance standards; prohibiting use of devices enabled with 
1.4 	location tracking capabilities; ensuring inmate case planning information is private 
1.5 	data; requiring a search warrant in DWI and DWI-related cases to obtain blood or 
1.6 	urine samples; providing for license revocation; establishing guidelines for license 
1.7 	revocation hearings; amending rulemaking authority;amending Minnesota Statutes 
1.8 	2016, sections 97B.066, subdivisions 1, 2, 3, 4, 8, 9, by adding a subdivision; 
1.9 	169A.03, subdivision 21; 169A.20, subdivision 2; 169A.51, subdivisions 2, 3, 4; 
1.10 	169A.53, subdivisions 2, 3; 169A.54, subdivision 6; 169A.60, subdivision 10; 
1.11 	171.306, subdivisions 1, 2, 3, 8; 241.065, subdivision 2; 360.0753, subdivisions 
1.12 	2, 3, 7, 9, by adding a subdivision; 624.7143, subdivisions 1, 2, 3, 4, by adding a 
1.13 	subdivision; proposing coding for new law in Minnesota Statutes, chapter 171.
1.14 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.15 	ARTICLE 1
1.16 	CRIMINAL JUSTICE-RELATED DATA PRACTICES

1.17 	Section 1. Minnesota Statutes 2016, section 171.306, subdivision 1, is amended to read:
1.18 		Subdivision 1.Definitions. (a) As used in this section, the terms in this subdivision have 
1.19 	the meanings given them.
1.20 	(b) "Ignition interlock device" or "device" means equipment that is designed to measure 
1.21 	breath alcohol concentration and to prevent a motor vehicle's ignition from being started 
1.22 	by a person whose breath alcohol concentration measures 0.02 or higher on the equipment.
1.23 	(c) "Location tracking capabilities" means the ability of an electronic or wireless device 
1.24 	to identify and transmit its geographic location through the operation of the device.
1.25 	(c) (d) "Program participant" means a person who has qualified to take part in the ignition 
1.26 	interlock program under this section, and whose driver's license has been:
2.1 	(1) revoked, canceled, or denied under section 169A.52, 169A.54, or 171.04, subdivision 
2.2 	1, clause (10); or
2.3 	(2) revoked under section 171.17, subdivision 1, paragraph (a), clause (1), or suspended 
2.4 	under section 171.187, for a violation of section 609.2113, subdivision 1, clause (2), item 
2.5 	(i) or (iii), (3), or (4); subdivision 2, clause (2), item (i) or (iii), (3), or (4); or subdivision 
2.6 	3, clause (2), item (i) or (iii), (3), or (4); or 609.2114, subdivision 2, clause (2), item (i) or 
2.7 	(iii), (3), or (4), resulting in bodily harm, substantial bodily harm, or great bodily harm.
2.8 	(d)(e) "Qualified prior impaired driving incident" has the meaning given in section 
2.9 	169A.03, subdivision 22.

2.10 	EFFECTIVE DATE. This section is effective the day following final enactment.

2.11 	Sec. 2. Minnesota Statutes 2016, section 171.306, subdivision 2, is amended to read:
2.12 		Subd. 2.Performance standards; certification; manufacturer and provider
2.13 	requirements. (a) The commissioner shall establish performance standards and a process 
2.14 	for certifying devices used in the ignition interlock program, except that the commissioner 
2.15 	may not establish standards that, directly or indirectly, require devices to use or enable 
2.16 	location tracking capabilities without a court order.
2.17 	(b) The manufacturer of a device must apply annually for certification of the device by 
2.18 	submitting the form prescribed by the commissioner. The commissioner shall require 
2.19 	manufacturers of certified devices to:
2.20 	(1) provide device installation, servicing, and monitoring to indigent program participants 
2.21 	at a discounted rate, according to the standards established by the commissioner; and
2.22 	(2) include in an ignition interlock device contract a provision that a program participant 
2.23 	who voluntarily terminates participation in the program is only liable for servicing and 
2.24 	monitoring costs incurred during the time the device is installed on the motor vehicle, 
2.25 	regardless of whether the term of the contract has expired.
2.26 	(c) The manufacturer of a certified device must include with an ignition interlock device 
2.27 	contract a separate notice to the program participant regarding any location tracking 
2.28 	capabilities of the device.

2.29 	EFFECTIVE DATE. This section is effective the day following final enactment.

3.1 	Sec. 3. Minnesota Statutes 2016, section 171.306, subdivision 3, is amended to read:
3.2 		Subd. 3.Program requirements. (a) The commissioner shall establish guidelines for 
3.3 	participation in the ignition interlock program. A person who seeks to participate in the 
3.4 	program shall sign a written acknowledgment that the person has received, reviewed, and 
3.5 	agreed to abide by the program guidelines.
3.6 	(b) The commissioner must enter a notation on a person's driving record to indicate that 
3.7 	the person is a program participant.
3.8 	(c) A person under the age of 18 years is not eligible to be a program participant.
3.9 	(d) A program participant shall pay costs associated with an ignition interlock device 
3.10 	on every motor vehicle that the participant operates or intends to operate.
3.11 	(e) A program participant shall participate in any treatment recommended in a chemical 
3.12 	use assessment report.
3.13 	(f) A program participant shall bring the device-equipped motor vehicle or vehicles 
3.14 	operated by the program participant to an approved service provider for device calibration 
3.15 	and servicing according to the schedule established by the commissioner and as indicated 
3.16 	by the ignition interlock device.
3.17 	(g) The commissioner shall not permit location tracking capabilities on any ignition 
3.18 	interlock device to be enabled except as provided in this paragraph. The commissioner shall 
3.19 	require the activation of location tracking capabilities on an ignition interlock device when 
3.20 	ordered by a court.

3.21 	Sec. 4. Minnesota Statutes 2016, section 171.306, subdivision 8, is amended to read:
3.22 		Subd. 8.Rulemaking. In establishing the performance standards and certification process 
3.23 	of subdivision 2 and, the program guidelines of subdivision 3, the commissioner is exempt 
3.24 	from chapter 14, including section 14.386. Ifand any other rules are otherwise necessary 
3.25 	to implement this section, the commissioner may adopt, amend, and repeal rules using the 
3.26 	exempt procedures of section 14.386, except that paragraph (b) shall not apply is subject 
3.27 	to chapter 14.

3.28 	EFFECTIVE DATE. This section is effective the day following final enactment and 
3.29 	applies for rules proposed on or after that date.

4.1 	Sec. 5. Minnesota Statutes 2016, section 241.065, subdivision 2, is amended to read:
4.2 		Subd. 2.Establishment; access to data. (a) The Department of Corrections shall 
4.3 	administer and maintain a computerized data system for the purpose of assisting criminal 
4.4 	justice agencies in conducting official duties and in monitoring and enforcing the conditions 
4.5 	of conditional release imposed on criminal offenders by a sentencing court or the 
4.6 	commissioner of corrections.
4.7 	(b) The adult data and juvenile data, as defined in section 260B.171, in the statewide 
4.8 	supervision system are private data on individuals, as defined in section 13.02, subdivision 
4.9 	12, but. Subject to paragraph (c), the data are accessible to:
4.10 	(1) criminal justice agencies as defined in section 13.02, subdivision 3a, to;
4.11 	(2) the Minnesota sex offender program as provided in section 246B.04, subdivision 3, 
4.12 	to;
4.13 	(3) public defenders as provided in section 611.272, to;
4.14 	(4) all trial courts and appellate courts,; and to
4.15 	(5) criminal justice agencies in other states in the conduct of their official duties.
4.16 	(c) Case planning data in the statewide supervision system are private data on individuals, 
4.17 	as defined in section 13.02, subdivision 12. Case planning data are accessible to state prison 
4.18 	facility staff, correction staff in community corrections act counties and county probation 
4.19 	counties, and Department of Corrections field services staff for purposes of monitoring and 
4.20 	enforcing conditions of conditional release. A finalized case plan may be provided to 
4.21 	community service providers for the purposes described under paragraph (a).
4.22 	(d) Adult data in the statewide supervision system are accessible to the secretary of state 
4.23 	for the purposes described in section 201.157.

4.24 	ARTICLE 2
4.25 	DWI LAW CHANGES

4.26 	Section 1. Minnesota Statutes 2016, section 169A.03, subdivision 21, is amended to read:
4.27 		Subd. 21.Prior impaired driving-related loss of license. (a) "Prior impaired 
4.28 	driving-related loss of license" includes a driver's license suspension, revocation, cancellation, 
4.29 	denial, or disqualification under:
4.30 	(1) section 169A.31 (alcohol-related school bus or Head Start bus driving); 169A.50 to 
4.31 	169A.53 (implied consent law); 169A.54 (impaired driving convictions and adjudications; 
5.1 	administrative penalties); 171.04 (persons not eligible for drivers' licenses); 171.14
5.2 	(cancellation); 171.16 (court may recommend suspension); 171.165 (commercial driver's 
5.3 	license, disqualification); 171.17 (revocation); 171.177 (revocation; pursuant to search 
5.4 	warrant); or 171.18 (suspension); because of an alcohol-related incident;
5.5 	(2) Minnesota Statutes 2012, section 609.21 (criminal vehicular homicide and injury, 
5.6 	substance-related offenses), subdivision 1, clauses (2) to (6);
5.7 	(3) Minnesota Statutes 1998, section 169.121 (driver under influence of alcohol or 
5.8 	controlled substance); 169.1211 (alcohol-related driving by commercial vehicle drivers); 
5.9 	or 169.123 (chemical tests for intoxication);
5.10 	(4) Minnesota Statutes 2006, section 609.21 (criminal vehicular homicide and injury, 
5.11 	substance-related offenses), subdivision 1, clauses (2) to (6); subdivision 2, clauses (2) to 
5.12 	(6); subdivision 2a, clauses (2) to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
5.13 	clauses (2) to (6); or subdivision 4, clauses (2) to (6);
5.14 	(5) section 609.2112, subdivision 1, clauses (2) to (6); 609.2113, subdivision 1, clauses 
5.15 	(2) to (6), subdivision 2, clauses (2) to (6), or subdivision 3, clauses (2) to (6); or 609.2114, 
5.16 	subdivision 1, clauses (2) to (6), or subdivision 2, clauses (2) to (6); or
5.17 	(6) an ordinance from this state, or a statute or ordinance from another state, in conformity 
5.18 	with any provision listed in clause (1), (2), (3), (4), or (5).
5.19 	(b) "Prior impaired driving-related loss of license" also includes the revocation of 
5.20 	snowmobile or all-terrain vehicle operating privileges under section 84.911 (chemical 
5.21 	testing), or motorboat operating privileges under section 86B.335 (testing for alcohol and 
5.22 	controlled substances), for violations that occurred on or after August 1, 1994; the revocation 
5.23 	of snowmobile or all-terrain vehicle operating privileges under section 84.91 (operation of 
5.24 	snowmobiles and all-terrain vehicles by persons under the influence of alcohol or controlled 
5.25 	substances); or the revocation of motorboat operating privileges under section 86B.331
5.26 	(operation while using alcohol or drugs or with a physical or mental disability).
5.27 	(c) "Prior impaired driving-related loss of license" does not include any license action 
5.28 	stemming solely from a violation of section 169A.33 (underage drinking and driving), 
5.29 	171.09 (conditions of a restricted license), or 340A.503 (persons under the age of 21, illegal 
5.30 	acts).

5.31 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
5.32 	on or after that date.

6.1 	Sec. 2. Minnesota Statutes 2016, section 169A.20, subdivision 2, is amended to read:
6.2 		Subd. 2.Refusal to submit to chemical test crime. It is a crime for any person to refuse 
6.3 	to submit to a chemical test:
6.4 	(1) of the person's blood, breath, or urine under section 169A.51 (chemical tests for 
6.5 	intoxication), or 169A.52 (test refusal or failure; revocation of license); or
6.6 	(2) of the person's blood or urine as required by a search warrant under sections 626.04 
6.7 	to 626.18 and 171.177.

6.8 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
6.9 	on or after that date.

6.10 	Sec. 3. Minnesota Statutes 2016, section 169A.51, subdivision 2, is amended to read:
6.11 		Subd. 2.Implied consent Breath test advisory. (a) Subject to paragraph (b), At the 
6.12 	time a breath test is requested, the person must be informed:
6.13 	(1) that Minnesota law requires the person to take a test:
6.14 	(i) to determine if the person is under the influence of alcohol, controlled substances, or 
6.15 	hazardous substances; and
6.16 	(ii) to determine the presence of a controlled substance listed in Schedule I or II or 
6.17 	metabolite, other than marijuana or tetrahydrocannabinols; and
6.18 	(iii) if the motor vehicle was a commercial motor vehicle, to determine the presence of 
6.19 	alcohol;
6.20 	(2) that refusal to take submit to a breath test is a crime; and
6.21 	(3) if the peace officer has probable cause to believe the person has violated the criminal 
6.22 	vehicular homicide and injury laws, that a test will be taken with or without the person's 
6.23 	consent; and
6.24 	(4) that the person has the right to consult with an attorney, but that this right is limited 
6.25 	to the extent that it cannot unreasonably delay administration of the test.
6.26 	(b) A peace officer who is not pursuing an implied consent revocation is not required 
6.27 	to give the advisory described in paragraph (a) to a person whom the officer has probable 
6.28 	cause to believe has violated section 609.2112, subdivision 1, clause (2), (3), (4), (5), or 
6.29 	(6); 609.2113, subdivision 1, clause (2), (3), (4), (5), or (6); or 609.2114, subdivision 1, 
6.30 	clause (2), (3), (4), (5), or (6); or Minnesota Statutes 2012, 609.21, subdivision 1, clause 
6.31 	(2), (3), (4), (5), or (6) (criminal vehicular operation DWI-related provisions).

7.1 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
7.2 	on or after that date.

7.3 	Sec. 4. Minnesota Statutes 2016, section 169A.51, subdivision 3, is amended to read:
7.4 		Subd. 3.Type of test Blood or urine tests; search warrant required. The peace officer 
7.5 	who requires a test pursuant to this section may direct whether the test is of blood, breath, 
7.6 	or urine. Action may be taken against a person who refuses to take a blood test only if an 
7.7 	alternative test was offered and action may be taken against a person who refuses to take a 
7.8 	urine test only if an alternative test was offered (a) Notwithstanding any contrary provisions 
7.9 	in sections 169A.51 to 169A.53, a blood or urine test may be conducted only pursuant to a 
7.10 	search warrant under sections 626.04 to 626.18, or a judicially recognized exception to the 
7.11 	search warrant requirement. In addition, blood and urine tests may be conducted only as 
7.12 	provided in sections 169A.51 to 169A.53 and 171.177.
7.13 	(b) When, under the provisions of section 169A.20, 169A.51, or 171.177, a search 
7.14 	warrant is required for a blood or urine test, that requirement is met if a judicially recognized 
7.15 	exception to the warrant requirement is applicable.

7.16 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
7.17 	on or after that date.

7.18 	Sec. 5. Minnesota Statutes 2016, section 169A.51, subdivision 4, is amended to read:
7.19 		Subd. 4.Requirement of urine or blood test. Notwithstanding subdivision 3, A blood 
7.20 	or urine test may be required pursuant to a search warrant under sections 626.04 to 626.18 
7.21 	even after a breath test has been administered if there is probable cause to believe that:
7.22 	(1) there is impairment by a controlled substance or a hazardous substance that is not 
7.23 	subject to testing by a breath test; or
7.24 	(2) a controlled substance listed in Schedule I or II or its metabolite, other than marijuana 
7.25 	or tetrahydrocannabinols, is present in the person's body.; or
7.26 	(3) the person is unconscious or incapacitated to the point that the peace officer providing 
7.27 	a breath test advisory, administering a breath test, or serving the search warrant has a 
7.28 	good-faith belief that the person is mentally or physically unable to comprehend the breath 
7.29 	test advisory or otherwise voluntarily submit to chemical tests.
7.30 	Action may be taken against a person who refuses to take a blood test under this 
7.31 	subdivision only if a urine test was offered and action may be taken against a person who 
8.1 	refuses to take a urine test only if a blood test was offered. This limitation does not apply 
8.2 	to an unconscious person under the circumstances described in clause (3).

8.3 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
8.4 	on or after that date.

8.5 	Sec. 6. Minnesota Statutes 2016, section 169A.53, subdivision 2, is amended to read:
8.6 		Subd. 2.Petition for judicial review. (a) Within 3060 days following receipt of a notice 
8.7 	and order of revocation or disqualification pursuant to section 169A.52 (revocation of license 
8.8 	for test failure or refusal), a person may petition the court for review. The petition must be 
8.9 	filed with the district court administrator in the county where the alleged offense occurred, 
8.10 	together with proof of service of a copy on the commissioner, and accompanied by the 
8.11 	standard filing fee for civil actions. Responsive pleading is not required of the commissioner, 
8.12 	and court fees must not be charged for the appearance of the commissioner in the matter.
8.13 	(b) The petition must:
8.14 	(1) be captioned in the full name of the person making the petition as petitioner and the 
8.15 	commissioner as respondent;
8.16 	(2) include the petitioner's date of birth, driver's license number, and date of the offense; 
8.17 	and
8.18 	(3) state with specificity the grounds upon which the petitioner seeks rescission of the 
8.19 	order of revocation, disqualification, or denial.
8.20 	(c) The filing of the petition does not stay the revocation, disqualification, or denial. The 
8.21 	reviewing court may order a stay of the balance of the revocation or disqualification if the 
8.22 	hearing has not been conducted within 60 days after filing of the petition upon terms the 
8.23 	court deems proper.
8.24 	(d) Judicial reviews must be conducted according to the Rules of Civil Procedure, except 
8.25 	that prehearing discovery is mandatory and is limited to:
8.26 	(1) the notice of revocation;
8.27 	(2) the test record or, in the case of blood or urine tests, the certificate of analysis;
8.28 	(3) the peace officer's certificate and any accompanying documentation submitted by 
8.29 	the arresting officer to the commissioner; and
8.30 	(4) disclosure of potential witnesses, including experts, and the basis of their testimony.
8.31 	Other types of discovery are available only upon order of the court.

9.1 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
9.2 	on or after that date.

9.3 	Sec. 7. Minnesota Statutes 2016, section 169A.53, subdivision 3, is amended to read:
9.4 		Subd. 3.Judicial hearing; issues, order, appeal. (a) A judicial review hearing under 
9.5 	this section must be before a district judge in any county in the judicial district where the 
9.6 	alleged offense occurred. The hearing is to the court and may be conducted at the same time 
9.7 	and in the same manner as hearings upon pretrial motions in the criminal prosecution under 
9.8 	section 169A.20 (driving while impaired), if any. The hearing must be recorded. The 
9.9 	commissioner shall appear and be represented by the attorney general or through the 
9.10 	prosecuting authority for the jurisdiction involved. The hearing must be held at the earliest 
9.11 	practicable date, and in any event no later than 60 days following the filing of the petition 
9.12 	for review. The judicial district administrator shall establish procedures to ensure efficient 
9.13 	compliance with this subdivision. To accomplish this, the administrator may, whenever 
9.14 	possible, consolidate and transfer review hearings among the locations within the judicial 
9.15 	district where terms of district court are held.
9.16 	(b) The scope of the hearing is limited to the issues in clauses (1) to (11) (12):
9.17 	(1) Did the peace officer have probable cause to believe the person was driving, operating, 
9.18 	or in physical control of a motor vehicle or commercial motor vehicle in violation of section 
9.19 	169A.20 (driving while impaired)?
9.20 	(2) Was the person lawfully placed under arrest for violation of section 169A.20?
9.21 	(3) Was the person involved in a motor vehicle accident or collision resulting in property 
9.22 	damage, personal injury, or death?
9.23 	(4) Did the person refuse to take a screening test provided for by section 169A.41 
9.24 	(preliminary screening test)?
9.25 	(5) If the screening test was administered, did the test indicate an alcohol concentration 
9.26 	of 0.08 or more?
9.27 	(6) At the time of the request for the test, did the peace officer inform the person of the 
9.28 	person's rights and the consequences of taking or refusing the test as required by section 
9.29 	169A.51, subdivision 2?
9.30 	(7) Did the person refuse to permit the test?
9.31 	(8) If a test was taken by a person driving, operating, or in physical control of a motor 
9.32 	vehicle, did the test results indicate at the time of testing:
10.1 	(i) an alcohol concentration of 0.08 or more; or
10.2 	(ii) the presence of a controlled substance listed in Schedule I or II or its metabolite, 
10.3 	other than marijuana or tetrahydrocannabinols?
10.4 	(9) If a test was taken by a person driving, operating, or in physical control of a 
10.5 	commercial motor vehicle, did the test results indicate an alcohol concentration of 0.04 or 
10.6 	more at the time of testing?
10.7 	(10) Was the testing method used valid and reliable and were the test results accurately 
10.8 	evaluated?
10.9 	(11) Did the person prove the defense of necessity?
10.10 	(12) Did the person prove the defense of controlled substance use in accordance with a 
10.11 	prescription?
10.12 	(c) It is an affirmative defense for the petitioner to prove that, at the time of the refusal, 
10.13 	the petitioner's refusal to permit the test was based upon reasonable grounds.
10.14 	(d) Certified or otherwise authenticated copies of laboratory or medical personnel reports, 
10.15 	records, documents, licenses, and certificates are admissible as substantive evidence.
10.16 	(e) The court shall order that the revocation or disqualification be either rescinded or 
10.17 	sustained and forward the order to the commissioner. The court shall file its order within 
10.18 	14 days following the hearing. If the revocation or disqualification is sustained, the court 
10.19 	shall also forward the person's driver's license or permit to the commissioner for further 
10.20 	action by the commissioner if the license or permit is not already in the commissioner's 
10.21 	possession.
10.22 	(f) Any party aggrieved by the decision of the reviewing court may appeal the decision 
10.23 	as provided in the Rules of Appellate Procedure.
10.24 	(g) The civil hearing under this section shall not give rise to an estoppel on any issues 
10.25 	arising from the same set of circumstances in any criminal prosecution.
10.26 	(h) It is an affirmative defense for the petitioner to prove a necessity.
10.27 	(i) It is an affirmative defense to the presence of a Schedule I or II controlled substance 
10.28 	that the person used the controlled substance according to the terms of a prescription issued 
10.29 	for the person according to sections 152.11 and 152.12, unless the court finds by a 
10.30 	preponderance of the evidence that the use of the controlled substance impaired the person's 
10.31 	ability to operate a motor vehicle.

11.1 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
11.2 	on or after that date.

11.3 	Sec. 8. Minnesota Statutes 2016, section 169A.54, subdivision 6, is amended to read:
11.4 		Subd. 6.Applicability of implied consent revocation. (a) Any person whose license 
11.5 	has been revoked pursuant to section 169A.52 (license revocation for test failure or refusal) 
11.6 	or 171.177 (revocation; pursuant to a search warrant) as the result of the same incident, and 
11.7 	who does not have a qualified prior impaired driving incident, is subject to the mandatory 
11.8 	revocation provisions of subdivision 1, clause (1) or (2), in lieu of the mandatory revocation 
11.9 	provisions of section 169A.52 or 171.177.
11.10 	(b) Paragraph (a) does not apply to:
11.11 	(1) a person whose license has been revoked under subdivision 2 (driving while impaired 
11.12 	by person under age 21); or
11.13 	(2) a person whose driver's license has been revoked for, or who is charged with (i) an 
11.14 	alcohol concentration of twice the legal limit or more as measured at the time or within two 
11.15 	hours of the time of the offense; or (ii) a violation of section 169A.20 (driving while 
11.16 	impaired) with an aggravating factor described in section 169A.03, subdivision 3, clause 
11.17 	(3).

11.18 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
11.19 	on or after that date.

11.20 	Sec. 9. Minnesota Statutes 2016, section 169A.60, subdivision 10, is amended to read:
11.21 		Subd. 10.Petition for judicial review. (a) Within 3060 days following receipt of a 
11.22 	notice and order of impoundment under this section, a person may petition the court for 
11.23 	review. The petition must include proof of service of a copy of the petition on the 
11.24 	commissioner. The petition must include the petitioner's date of birth, driver's license number, 
11.25 	and date of the plate impoundment violation, as well as the name of the violator and the 
11.26 	law enforcement agency that issued the plate impoundment order. The petition must state 
11.27 	with specificity the grounds upon which the petitioner seeks rescission of the order for 
11.28 	impoundment. The petition may be combined with any petition filed under section 169A.53
11.29 	(administrative and judicial review of license revocation).
11.30 	(b) Except as otherwise provided in this section, the judicial review and hearing are 
11.31 	governed by section 169A.53 and must take place at the same time as any judicial review 
11.32 	of the person's license revocation under section 169A.53. The filing of the petition does not 
12.1 	stay the impoundment order. The reviewing court may order a stay of the balance of the 
12.2 	impoundment period if the hearing has not been conducted within 60 days after filing of 
12.3 	the petition upon terms the court deems proper. The court shall order either that the 
12.4 	impoundment be rescinded or sustained, and forward the order to the commissioner. The 
12.5 	court shall file its order within 14 days following the hearing.
12.6 	(c) In addition to the issues described in section 169A.53, subdivision 3 (judicial review 
12.7 	of license revocation), the scope of a hearing under this subdivision is limited to:
12.8 	(1) if the impoundment is based on a plate impoundment violation described in 
12.9 	subdivision 1, paragraph (d), clause (3) or (4), whether the peace officer had probable cause 
12.10 	to believe the violator committed the plate impoundment violation and whether the evidence 
12.11 	demonstrates that the plate impoundment violation occurred; and
12.12 	(2) for all other cases, whether the peace officer had probable cause to believe the violator 
12.13 	committed the plate impoundment violation.
12.14 	(d) In a hearing under this subdivision, the following records are admissible in evidence:
12.15 	(1) certified copies of the violator's driving record; and
12.16 	(2) certified copies of vehicle registration records bearing the violator's name.

12.17 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
12.18 	on or after that date.

12.19 	Sec. 10. [171.177] REVOCATION; PURSUANT TO SEARCH WARRANT.
12.20 		Subdivision 1.Search warrant-required testing advisory.  At the time a blood or urine 
12.21 	test is directed pursuant to a search warrant under sections 626.04 to 626.18, the person 
12.22 	must be informed that refusal to submit to a blood or urine test is a crime.
12.23 		Subd. 2.Type of test. The peace officer who directs a test pursuant to a search warrant 
12.24 	shall direct a blood or urine test as provided in the warrant. If the warrant authorizes either 
12.25 	a blood or urine test, the officer may direct whether the test is of blood or urine. If the person 
12.26 	to whom the test is directed objects to the test, the officer shall offer the person an alternative 
12.27 	test of either blood or urine. Action may be taken against a person who refuses to take a 
12.28 	blood test only if a urine test was offered and action may be taken against a person who 
12.29 	refuses to take a urine test only if a blood test was offered.
12.30 		Subd. 3.License revocation pursuant to search warrant. After executing a search 
12.31 	warrant under sections 626.04 to 626.18 for the collection of a blood or urine sample based 
13.1 	upon probable cause of a violation of section 169A.20, the peace officer acting under sections 
13.2 	626.13 to 626.17 shall certify to the commissioner of public safety:
13.3 	(1) when a person refuses to comply with the execution of the search warrant; or
13.4 	(2) if a person submits to the test and the test results indicate:
13.5 	(i) an alcohol concentration of 0.08 or more;
13.6 	(ii) an alcohol concentration of 0.04 or more, if the person was driving, operating, or in 
13.7 	physical control of a commercial motor vehicle at the time of the violation; or
13.8 	(iii) the presence of a controlled substance listed in Schedule I or II or its metabolite, 
13.9 	other than marijuana or tetrahydrocannabinols.
13.10 		Subd. 4.Test refusal; license revocation. (a) Upon certification under subdivision 3 
13.11 	that there existed probable cause to believe the person had been driving, operating, or in 
13.12 	physical control of a motor vehicle in violation of section 169A.20 (driving while impaired), 
13.13 	and that the person refused to comply with the execution of the search warrant under sections 
13.14 	626.04 to 626.18, the commissioner shall revoke the person's license or permit to drive or 
13.15 	nonresident operating privilege. The commissioner shall revoke the license, permit, or 
13.16 	nonresident operating privilege:
13.17 	(1) for a person with no qualified prior impaired driving incidents within the past ten 
13.18 	years, for a period of not less than one year;
13.19 	(2) for a person under the age of 21 years and with no qualified prior impaired driving 
13.20 	incidents within the past ten years, for a period of not less than one year;
13.21 	(3) for a person with one qualified prior impaired driving incident within the past ten 
13.22 	years or two qualified prior impaired driving incidents, for a period of not less than two 
13.23 	years;
13.24 	(4) for a person with two qualified prior impaired driving incidents within the past ten 
13.25 	years or three qualified prior impaired driving incidents, for a period of not less than three 
13.26 	years;
13.27 	(5) for a person with three qualified prior impaired driving incidents within the past ten 
13.28 	years, for a period of not less than four years; or
13.29 	(6) for a person with four or more qualified prior impaired driving incidents, for a period 
13.30 	of not less than six years.
13.31 	(b) When a person who had been driving, operating, or in physical control of a 
13.32 	commercial motor vehicle refuses to comply with the search warrant and permit testing, 
14.1 	the commissioner shall disqualify the person from operating a commercial motor vehicle 
14.2 	and shall revoke the person's license or permit to drive or nonresident operating privilege 
14.3 	according to the federal regulations adopted by reference in section 171.165, subdivision 
14.4 	2.
14.5 		Subd. 5.Test failure; license revocation. (a) Upon certification under subdivision 3, 
14.6 	pursuant to a search warrant under sections 626.04 to 626.18, that there existed probable 
14.7 	cause to believe the person had been driving, operating, or in physical control of a motor 
14.8 	vehicle in violation of section 169A.20 (driving while impaired), and that the person 
14.9 	submitted to a test and the test results indicate an alcohol concentration of 0.08 or more or 
14.10 	the presence of a controlled substance listed in Schedule I or II or its metabolite, other than 
14.11 	marijuana or tetrahydrocannabinols, the commissioner shall revoke the person's license or 
14.12 	permit to drive or nonresident operating privilege:
14.13 	(1) for a period of 90 days or, if the test results indicate an alcohol concentration of twice 
14.14 	the legal limit or more, not less than one year;
14.15 	(2) if the person is under the age of 21 years, for a period of not less than 180 days or, 
14.16 	if the test results indicate an alcohol concentration of twice the legal limit or more, not less 
14.17 	than one year;
14.18 	(3) for a person with one qualified prior impaired driving incident within the past ten 
14.19 	years or two qualified prior impaired driving incidents, for a period of not less than one 
14.20 	year or, if the test results indicate an alcohol concentration of twice the legal limit or more, 
14.21 	not less than two years;
14.22 	(4) for a person with two qualified prior impaired driving incidents within the past ten 
14.23 	years or three qualified prior impaired driving incidents, for a period of not less than three 
14.24 	years;
14.25 	(5) for a person with three qualified prior impaired driving incidents within the past ten 
14.26 	years, for a period of not less than four years; or
14.27 	(6) for a person with four or more qualified prior impaired driving incidents, for a period 
14.28 	of not less than six years.
14.29 	(b) On certification by the peace officer that there existed probable cause to believe the 
14.30 	person had been driving, operating, or in physical control of a commercial motor vehicle 
14.31 	with any presence of alcohol and that the person submitted to a test and the test results 
14.32 	indicated an alcohol concentration of 0.04 or more, the commissioner shall disqualify the 
15.1 	person from operating a commercial motor vehicle under section 171.165 (commercial 
15.2 	driver's license disqualification).
15.3 	(c) If the test is of a person's blood or urine by a laboratory operated by the Bureau of 
15.4 	Criminal Apprehension or authorized by the bureau to conduct the analysis of a blood or 
15.5 	urine sample, the laboratory may directly certify to the commissioner the test results, and 
15.6 	the peace officer shall certify to the commissioner that there existed probable cause to 
15.7 	believe the person had been driving, operating, or in physical control of a motor vehicle in 
15.8 	violation of section 169A.20 (driving while impaired), and that the person submitted to a 
15.9 	test. Upon receipt of both certifications, the commissioner shall undertake the license actions 
15.10 	described in paragraphs (a) and (b).
15.11 		Subd. 6.Unlicensed drivers; license issuance denial. If the person is a resident without 
15.12 	a license or permit to operate a motor vehicle in this state, the commissioner shall deny to 
15.13 	the person the issuance of a license or permit after the date of the alleged violation for the 
15.14 	same period as provided in this section for revocation, subject to review as provided in 
15.15 	subdivisions 10 and 11.
15.16 		Subd. 7.Notice of revocation or disqualification; review. A revocation under this 
15.17 	section, or a disqualification under section 171.165 (commercial driver's license 
15.18 	disqualification), becomes effective at the time the commissioner or a peace officer acting 
15.19 	on behalf of the commissioner notifies the person of the intention to revoke, disqualify, or 
15.20 	both, and of revocation or disqualification. The notice must advise the person of the right 
15.21 	to obtain administrative and judicial review as provided in subdivisions 10 and 11. If mailed, 
15.22 	the notice and order of revocation or disqualification is deemed received three days after 
15.23 	mailing to the last known address of the person.
15.24 		Subd. 8.Test refusal; driving privilege lost. (a) On behalf of the commissioner, a peace 
15.25 	officer requiring a test or directing the administration of a chemical test pursuant to a search 
15.26 	warrant under sections 626.04 to 626.18 shall serve immediate notice of intention to revoke 
15.27 	and of revocation on a person who refuses to permit a test or on a person who submits to a 
15.28 	test, the results of which indicate an alcohol concentration of 0.08 or more.
15.29 	(b) On behalf of the commissioner, a peace officer requiring a test or directing the 
15.30 	administration of a chemical test of a person driving, operating, or in physical control of a 
15.31 	commercial motor vehicle pursuant to a search warrant under sections 626.04 to 626.18 
15.32 	shall serve immediate notice of intention to disqualify and of disqualification on a person 
15.33 	who refuses to permit a test or on a person who submits to a test, the results of which indicate 
15.34 	an alcohol concentration of 0.04 or more.
16.1 	(c) The officer shall:
16.2 	(1) invalidate the person's driver's license or permit card by clipping the upper corner 
16.3 	of the card in such a way that no identifying information including the photo is destroyed, 
16.4 	and immediately return the card to the person;
16.5 	(2) issue the person a temporary license effective for only seven days; and
16.6 	(3) send the notification of this action to the commissioner along with the certificate 
16.7 	required by subdivision 5 or 6.
16.8 		Subd. 9.Notice of action to other states. When a nonresident's privilege to operate a 
16.9 	motor vehicle in this state has been revoked or denied, the commissioner shall give 
16.10 	information of the action taken in writing to the official in charge of traffic control or public 
16.11 	safety of the state of the person's residence and of any state in which the person has a license.
16.12 		Subd. 10.Administrative review. (a) At any time during a period of revocation imposed 
16.13 	under this section, or a period of disqualification imposed under section 171.165 (commercial 
16.14 	driver's license disqualification), a person may request in writing a review of the order of 
16.15 	revocation or disqualification by the commissioner, unless the person is entitled to review 
16.16 	under section 171.166 (review of disqualification). Upon receiving a request, the 
16.17 	commissioner or the commissioner's designee shall review the order, the evidence upon 
16.18 	which the order was based, and any other material information brought to the attention of 
16.19 	the commissioner and determine whether sufficient cause exists to sustain the order. Within 
16.20 	15 days of receiving the request, the commissioner shall report in writing the results of the 
16.21 	review. The review provided in this subdivision is not subject to the contested case provisions 
16.22 	of the Administrative Procedure Act in sections 14.001 to 14.69.
16.23 	(b) The availability of administrative review for an order of revocation or disqualification 
16.24 	has no effect upon the availability of judicial review under this section.
16.25 	(c) Review under this subdivision must take place, if possible, at the same time as any 
16.26 	administrative review of the person's impoundment order under section 169A.60, subdivision 
16.27 	9.
16.28 		Subd. 11.Petition for judicial review. (a) Within 60 days following receipt of a notice 
16.29 	and order of revocation pursuant to this section, a person may petition the court for review. 
16.30 	The petition must be filed with the district court administrator in the county where the 
16.31 	alleged offense occurred, together with proof of service of a copy on the commissioner, and 
16.32 	accompanied by the standard filing fee for civil actions. Responsive pleading is not required 
17.1 	of the commissioner, and court fees must not be charged for the appearance of the 
17.2 	commissioner in the matter.
17.3 	(b) The petition must:
17.4 	(1) be captioned in the full name of the person making the petition as petitioner and the 
17.5 	commissioner as respondent;
17.6 	(2) include the petitioner's date of birth and driver's license number, and the date of the 
17.7 	offense; and
17.8 	(3) state with specificity the grounds upon which the petitioner seeks rescission of the 
17.9 	order of revocation, disqualification, or denial.
17.10 	(c) The filing of the petition does not stay the revocation, disqualification, or denial. The 
17.11 	reviewing court may order a stay of the balance of the revocation or disqualification if the 
17.12 	hearing has not been conducted within 60 days after filing the petition upon terms the court 
17.13 	deems proper.
17.14 	(d) Judicial reviews must be conducted according to the Rules of Civil Procedure, except 
17.15 	that prehearing discovery is mandatory and is limited to:
17.16 	(1) the notice of revocation;
17.17 	(2) the certificate of analysis of the blood or urine test;
17.18 	(3) the peace officer's certificate and any accompanying documentation submitted by 
17.19 	the arresting officer to the commissioner; and
17.20 	(4) disclosure of potential witnesses, including experts, and the basis of their testimony.
17.21 	Other types of discovery are available only upon order of the court.
17.22 		Subd. 12.Judicial hearing; issues, order, appeal. (a) A judicial review hearing under 
17.23 	this section must be before a district judge in any county in the judicial district where the 
17.24 	alleged offense occurred. The hearing is to the court and may be conducted at the same time 
17.25 	and in the same manner as hearings upon pretrial motions in the criminal prosecution under 
17.26 	section 169A.20 (driving while impaired), if any. The hearing must be recorded. The 
17.27 	commissioner shall appear and be represented by the attorney general or through the 
17.28 	prosecuting authority for the jurisdiction involved. The hearing must be held at the earliest 
17.29 	practicable date, and in any event no later than 60 days following the filing of the petition 
17.30 	for review. The judicial district administrator shall establish procedures to ensure efficient 
17.31 	compliance with this subdivision. To accomplish this, the administrator may, whenever 
18.1 	possible, consolidate and transfer review hearings among the locations within the judicial 
18.2 	district where terms of district court are held.
18.3 	(b) The scope of the hearing is limited to the issues in clauses (1) to (13):
18.4 	(1) Did the peace officer have probable cause to believe the person was driving, operating, 
18.5 	or in physical control of a motor vehicle or commercial motor vehicle in violation of section 
18.6 	169A.20 (driving while impaired)?
18.7 	(2) Was the person lawfully placed under arrest for violation of section 169A.20?
18.8 	(3) Was the person involved in a motor vehicle accident or collision resulting in property 
18.9 	damage, personal injury, or death?
18.10 	(4) Did a licensed peace officer apply for a search warrant in accordance with the 
18.11 	requirements set forth in sections 626.04 to 626.18?
18.12 	(5) Did a neutral magistrate review the application for a search warrant and determine 
18.13 	there was probable cause to believe that the person was driving, operating, or in physical 
18.14 	control of a motor vehicle or commercial motor vehicle in violation of section 169A.20 
18.15 	(driving while impaired)?
18.16 	(6) Was the search warrant and the process by which it was obtained valid?
18.17 	(7) At the time of directing the person to take the test, did the peace officer inform the 
18.18 	person that refusing the test was a crime as required by subdivision 1?
18.19 	(8) Did the person refuse to permit the test?
18.20 	(9) If a test was taken by a person driving, operating, or in physical control of a motor 
18.21 	vehicle, did the test results indicate at the time of testing:
18.22 	(i) an alcohol concentration of 0.08 or more; or
18.23 	(ii) the presence of a controlled substance listed in Schedule I or II or its metabolite, 
18.24 	other than marijuana or tetrahydrocannabinols?
18.25 	(10) If a test was taken by a person driving, operating, or in physical control of a 
18.26 	commercial motor vehicle, did the test results indicate an alcohol concentration of 0.04 or 
18.27 	more at the time of testing?
18.28 	(11) Was the testing method used valid and reliable and were the test results accurately 
18.29 	evaluated?
18.30 	(12) Did the person prove the defense of necessity?
19.1 	(13) Did the person prove the defense of controlled substance use in accordance with a 
19.2 	prescription?
19.3 	(c) Certified or otherwise authenticated copies of laboratory or medical personnel reports, 
19.4 	records, documents, licenses, and certificates are admissible as substantive evidence.
19.5 	(d) The court shall order that the revocation or disqualification be either rescinded or 
19.6 	sustained and forward the order to the commissioner. The court shall file its order within 
19.7 	14 days following the hearing. If the revocation or disqualification is sustained, the court 
19.8 	shall also forward the person's driver's license or permit to the commissioner for further 
19.9 	action by the commissioner if the license or permit is not already in the commissioner's 
19.10 	possession.
19.11 	(e) Any party aggrieved by the decision of the reviewing court may appeal the decision 
19.12 	as provided in the Rules of Appellate Procedure.
19.13 	(f) The civil hearing under this section shall not give rise to an estoppel on any issues 
19.14 	arising from the same set of circumstances in any criminal prosecution.
19.15 	(g) It is an affirmative defense for the petitioner to prove a necessity.
19.16 	(h) It is an affirmative defense to the presence of a Schedule I or II controlled substance 
19.17 	that the person used the controlled substance according to the terms of a prescription issued 
19.18 	for the person according to sections 152.11 and 152.12, unless the court finds by a 
19.19 	preponderance of the evidence that the use of the controlled substance impaired the person's 
19.20 	ability to operate a motor vehicle.
19.21 		Subd. 13.Test refusal; no test given. (a) If a person refuses to permit a blood or urine 
19.22 	test as required by a search warrant and the provisions of this section, then a test must not 
19.23 	be given. However, the applicable provisions of this section, section 169A.52, subdivision 
19.24 	1, and other law apply.
19.25 	(b) Notwithstanding paragraph (a), if a peace officer has probable cause to believe that 
19.26 	a person has violated section 609.2112, 609.2113, 609.2114, or Minnesota Statutes 2012, 
19.27 	section 609.21 (criminal vehicular homicide or injury), a test may be required and obtained 
19.28 	despite the person's refusal. A refusal to submit to a test does not constitute a violation of 
19.29 	section 609.50 (obstructing legal process), unless the refusal was accompanied by force or 
19.30 	violence or the threat of force or violence.
19.31 		Subd. 14.Definitions. The definitions in section 169A.03 apply to this section.

19.32 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
19.33 	on or after that date.

20.1 	ARTICLE 3
20.2 	DWI-RELATED CONFORMING CHANGES

20.3 	Section 1. Minnesota Statutes 2016, section 97B.066, subdivision 1, is amended to read:
20.4 		Subdivision 1.Mandatory chemical testing. (a) A person who takes wild animals with 
20.5 	a bow or firearm in this state or on a boundary water of this state is required, subject to the 
20.6 	provisions of this section, to take or submit to a test of the person's blood, breath, or urine 
20.7 	for the purpose of determining the presence and amount of alcohol or a controlled substance. 
20.8 	The test shall be administered at the direction of an officer authorized to make arrests under 
20.9 	section 97B.065, subdivision 2.
20.10 	(b) Taking or submitting to thea test of the person's breath is mandatory when requested 
20.11 	by an officer who has probable cause to believe the person was hunting in violation of 
20.12 	section 97B.065, subdivision 1, paragraph (a) or (c), and one of the following conditions 
20.13 	exists:
20.14 	(1) the person has been lawfully placed under arrest for violating section 97B.065, 
20.15 	subdivision 1, paragraph (a) or (c);
20.16 	(2) the person has been involved while hunting in an accident resulting in property 
20.17 	damage, personal injury, or death;
20.18 	(3) the person has refused to take the preliminary screening test provided for in section 
20.19 	97B.065, subdivision 3; or
20.20 	(4) the screening test was administered and indicated an alcohol concentration of 0.08 
20.21 	or more.
20.22 	(c) Taking or submitting to a test of the person's blood or urine is mandatory when 
20.23 	requested by a peace officer under the conditions described in paragraph (b) if the officer 
20.24 	is acting pursuant to a search warrant under sections 626.04 to 626.18.

20.25 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
20.26 	on or after that date.

20.27 	Sec. 2. Minnesota Statutes 2016, section 97B.066, is amended by adding a subdivision to 
20.28 	read:
20.29 		Subd. 1a.Blood or urine test; search warrant required. Notwithstanding any contrary 
20.30 	provision in this section, a blood or urine test may be conducted only pursuant to a search 
20.31 	warrant under sections 626.04 to 626.18, or a judicially recognized exception to the search 
21.1 	warrant requirement. When, under the provisions of this section, a search warrant is required 
21.2 	for a blood or urine test, that requirement is met if a judicially recognized exception to the 
21.3 	search warrant is applicable.

21.4 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
21.5 	on or after that date.

21.6 	Sec. 3. Minnesota Statutes 2016, section 97B.066, subdivision 2, is amended to read:
21.7 		Subd. 2.Penalties; refusal; revocation of hunting privilege. (a) If a person refuses to 
21.8 	take a test required under subdivision 1, none must be given but the officer authorized to 
21.9 	make arrests under section 97B.065, subdivision 2, shall report the refusal to the 
21.10 	commissioner of natural resources and to the authority having responsibility for prosecution 
21.11 	of misdemeanor offenses for the jurisdiction in which the incident occurred that gave rise 
21.12 	to the test demand and refusal.
21.13 	On certification by the officer that probable cause existed to believe the person had been 
21.14 	hunting while under the influence of alcohol or a controlled substance, that in the case of a 
21.15 	blood or urine test the officer was acting pursuant to a search warrant, and that the person 
21.16 	refused to submit to testing, the commissioner shall impose a civil penalty of $500 and shall 
21.17 	prohibit the person from hunting for one year.
21.18 	On behalf of the commissioner, an officer requiring a test or directing the administration 
21.19 	of a test shall serve on a person who refused to permit a test immediate notice of intention 
21.20 	to prohibit the person from hunting, and to impose the civil penalty set forth in this 
21.21 	subdivision. If the officer fails to serve a notice of intent to suspend hunting privileges, the 
21.22 	commissioner may notify the person by certified mail to the address on the license of the 
21.23 	person. The notice must advise the person of the right to obtain administrative and judicial 
21.24 	review as provided in this section. The prohibition imposed by the commissioner takes 
21.25 	effect ten days after receipt of the notice. The civil penalty is imposed 30 days after receipt 
21.26 	of the notice or upon return of the certified mail to the commissioner, and must be paid 
21.27 	within 30 days of imposition.
21.28 	(b) A person who hunts during the period the person is prohibited from hunting as 
21.29 	provided under paragraph (a) is guilty of a misdemeanor.

21.30 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
21.31 	on or after that date.

22.1 	Sec. 4. Minnesota Statutes 2016, section 97B.066, subdivision 3, is amended to read:
22.2 		Subd. 3.Rights and obligations. At the time a test is requested, the person must be 
22.3 	informed that:
22.4 	(1) Minnesota law requires a person to take a test to determine if the person is under the 
22.5 	influence of alcohol or a controlled substance;
22.6 	(2) if the person refuses to take the test, the person is subject to a civil penalty of $500 
22.7 	and is prohibited for a one-year period from hunting, as provided under subdivision 2; and
22.8 	(3) that, in the case of a breath test, the person has the right to consult with an attorney, 
22.9 	but that this right is limited to the extent it cannot unreasonably delay administration of the 
22.10 	test or the person will be deemed to have refused the test.

22.11 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
22.12 	on or after that date.

22.13 	Sec. 5. Minnesota Statutes 2016, section 97B.066, subdivision 4, is amended to read:
22.14 		Subd. 4.Requirement of urine Type of test. Notwithstanding subdivision 1, (a) A 
22.15 	peace officer who directs a test pursuant to this section may direct a breath test.
22.16 	(b) A peace officer, acting pursuant to a search warrant, may direct a blood or urine test 
22.17 	as provided in the warrant. If the warrant authorizes either a blood or urine test, the officer 
22.18 	may direct whether the test is of blood or urine. If the person to whom the test is directed 
22.19 	objects to the test, the officer shall offer the person an alternative test of either blood or 
22.20 	urine.
22.21 	(c)  If there is probable cause to believe there is impairment by a controlled substance 
22.22 	that is not subject to testing by a breath test, a blood or urine test may be required pursuant 
22.23 	to a search warrant even after a breath test has been administered.
22.24 	(d) Action under this section may be taken against a person who refuses to take a blood 
22.25 	test only if an alternative test was offered and action may be taken against a person who 
22.26 	refuses to take a urine test only if an alternative test was offered.

22.27 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
22.28 	on or after that date.

22.29 	Sec. 6. Minnesota Statutes 2016, section 97B.066, subdivision 8, is amended to read:
22.30 		Subd. 8.Judicial review. (a) Within 3060 days following receipt of a notice and order 
22.31 	imposing sanctions under this section, a person may petition the court for review. The 
23.1 	petition must be filed with the district court administrator in the county where the incident 
23.2 	occurred giving rise to the test demand and refusal, together with proof of service of a copy 
23.3 	on the commissioner and the prosecuting authority for misdemeanor offenses for the 
23.4 	jurisdiction in which the incident occurred. A responsive pleading is not required of the 
23.5 	commissioner of natural resources, and court fees may not be charged for the appearance 
23.6 	of the representative of the commissioner in the matter.
23.7 	(b) The petition must be captioned in the name of the person making the petition as 
23.8 	petitioner and the commissioner as respondent. The petition must state specifically the 
23.9 	grounds upon which the petitioner seeks rescission of the order imposing sanctions.
23.10 	(c) The filing of the petition does not stay the revocation or prohibition against hunting. 
23.11 	However, the filing of a petition stays imposition of the civil penalty. The judicial review 
23.12 	shall be conducted according to the Rules of Civil Procedure.

23.13 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
23.14 	on or after that date.

23.15 	Sec. 7. Minnesota Statutes 2016, section 97B.066, subdivision 9, is amended to read:
23.16 		Subd. 9.Hearing. (a) A hearing under this section must be before a district court judge 
23.17 	in the county where the incident occurred which gave rise to the test demand and refusal. 
23.18 	The hearing must be to the court and may be conducted at the same time as hearings upon 
23.19 	pretrial motions in the criminal prosecution under section 97B.065. The hearing must be 
23.20 	recorded. The commissioner must be represented by the prosecuting authority for 
23.21 	misdemeanor offenses for the jurisdiction in which the incident occurred which gave rise 
23.22 	to the test demand and refusal.
23.23 	(b) The hearing must be held at the earliest practicable date and in any event no later 
23.24 	than 60 days following the filing of the petition for review. The reviewing court may order 
23.25 	a temporary stay of the balance of the prohibition or revocation if the hearing has not been 
23.26 	conducted within 60 days after filing of the petition, upon the application of the petitioner 
23.27 	and upon terms the court deems proper.
23.28 	(c) The scope of the hearing must be limited to the issues of:
23.29 	(1) whether the officer had probable cause to believe that the person violated section 
23.30 	97B.065;
23.31 	(2) whether one of the conditions in subdivision 1 existed;
24.1 	(3) if the test involved blood or urine, whether a licensed peace officer applied for a 
24.2 	search warrant in accordance with the requirements set forth in sections 626.04 to 626.18, 
24.3 	and, if so, whether a neutral magistrate reviewed the application for the search warrant and 
24.4 	determined there was probable cause to believe that the person violated section 97B.065, 
24.5 	and whether the warrant and the process by which it was obtained was valid;
24.6 	(4) whether the person was informed as prescribed in subdivision 3; and
24.7 	(4)(5) whether the person refused to submit to testing.
24.8 	(d) It is an affirmative defense for the petitioner to prove that, at the time of the refusal, 
24.9 	the petitioner's refusal to permit the test was based upon reasonable grounds.
24.10 	(e) The court shall order that the prohibition or revocation be either sustained or rescinded 
24.11 	and shall either sustain or rescind the civil penalty. The court shall forward a copy of the 
24.12 	order to the commissioner.

24.13 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
24.14 	on or after that date.

24.15 	Sec. 8. Minnesota Statutes 2016, section 360.0753, subdivision 2, is amended to read:
24.16 		Subd. 2.Implied consent; conditions; election of test. (a) Any person who operates 
24.17 	or attempts to operate an aircraft in or over this state or over any boundary water of this 
24.18 	state consents, subject to the provisions of this section and section 360.0752, to a chemical 
24.19 	test of that person's blood, breath, or urine for the purpose of determining the presence or 
24.20 	amount of alcohol, controlled substances, or hazardous substances. The test shall be 
24.21 	administered at the direction of a peace officer.
24.22 	The (b) A test of the person's breath may be required of a person when an officer has 
24.23 	probable cause to believe the person was operating or attempting to operate an aircraft in 
24.24 	violation of section 360.0752 and one of the following conditions exists:
24.25 	(1) the person has been lawfully placed under arrest for violation of section 360.0752;
24.26 	(2) the person has been involved in an aircraft accident or collision resulting in property 
24.27 	damage, personal injury, or death;
24.28 	(3) the person has refused to take the screening test provided for by section 360.0752;
24.29 	(4) the screening test was administered and recorded an alcohol concentration of 0.04 
24.30 	or more or the presence of a controlled substance listed in Schedule I or II other than 
24.31 	marijuana or tetrahydrocannabinols; or
25.1 	(5) the officer had probable cause to believe that the person was operating or attempting 
25.2 	to operate an aircraft with any amount of alcohol present in the person's body.
25.3 	(c) A test of the person's blood or urine may be required by an officer under the conditions 
25.4 	described in paragraph (b) if the officer is acting pursuant to a search warrant under sections 
25.5 	626.04 to 626.18.
25.6 	(b)(d) At the time a test is requested, the person shall be informed:
25.7 	(1) that Minnesota law requires the person to take a test to determine the presence or 
25.8 	amount of alcohol or a controlled substance listed in Schedule I or II other than marijuana 
25.9 	or tetrahydrocannabinols, or to determine if the person is under the influence of alcohol, 
25.10 	controlled substances, or hazardous substances;
25.11 	(2) that whether a test is taken or refused, the person may be subject to criminal 
25.12 	prosecution for an alcohol, controlled substance, or hazardous substance-related offense 
25.13 	relating to the operation of an aircraft;
25.14 	(3) that if testing is refused, the person may be subject to criminal prosecution because 
25.15 	the person refused testing and the person will be disqualified from operating an aircraft for 
25.16 	a minimum period of one year;
25.17 	(4) if the peace officer has probable cause to believe the person has violated the criminal 
25.18 	vehicular homicide and injury laws, that pursuant to a search warrant a test will be taken 
25.19 	with or without the person's consent; and
25.20 	(5) that, in the case of a breath test, the person has the right to consult with an attorney, 
25.21 	but that this right is limited to the extent that it cannot unreasonably delay administration 
25.22 	of the test.
25.23 	(c) The peace officer who requires a test pursuant to this subdivision may direct whether 
25.24 	the test shall be of blood, breath, or urine. Action may be taken against a person who refuses 
25.25 	to take a blood test only if an alternative test was offered, and action may be taken against 
25.26 	a person who refuses to take a urine test only if an alternative test was offered.

25.27 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
25.28 	on or after that date.

25.29 	Sec. 9. Minnesota Statutes 2016, section 360.0753, is amended by adding a subdivision 
25.30 	to read:
25.31 		Subd. 2a.Blood or urine test; search warrant required. Notwithstanding any contrary 
25.32 	provision in this section, a blood or urine test may be conducted only pursuant to a search 
26.1 	warrant under sections 626.04 to 626.18, or a judicially recognized exception to the search 
26.2 	warrant requirement. When, under the provisions of this section, a search warrant is required 
26.3 	for a blood or urine test, that requirement is met if a judicially recognized exception to the 
26.4 	search warrant is applicable.

26.5 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
26.6 	on or after that date.

26.7 	Sec. 10. Minnesota Statutes 2016, section 360.0753, subdivision 3, is amended to read:
26.8 		Subd. 3.Requirement of urine or blood Type of test. Notwithstanding subdivision 2,
26.9 	(a) A peace officer who directs a test pursuant to this section may direct a breath test.
26.10 	(b) A peace officer, acting pursuant to a search warrant, may direct a blood or urine test 
26.11 	as provided in the warrant. If the warrant authorizes either a blood or urine test, the officer 
26.12 	may direct whether the test is of blood or urine. If the person to whom the test is directed 
26.13 	objects to the test, the officer shall offer the person an alternative test of either blood or 
26.14 	urine.
26.15 	(c) A blood or urine test may be required pursuant to a search warrant even after a breath 
26.16 	test has been administered if there is probable cause to believe that: (1) there is impairment 
26.17 	by a controlled substance or hazardous substance that is not subject to testing by a breath 
26.18 	test; or (2) a controlled substance listed in Schedule I or II, other than marijuana or 
26.19 	tetrahydrocannabinols, is present in the person's body. Action may be taken against a person 
26.20 	who refuses to take a blood test under this subdivision only if a urine test was offered, and 
26.21 	action may be taken against a person who refuses to take a urine test only if a blood test 
26.22 	was offered.
26.23 	(d) Action under this section may be taken against a person who refuses to take a blood 
26.24 	test only if an alternative test was offered and action may be taken against a person who 
26.25 	refuses to take a urine test only if an alternative test was offered.

26.26 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
26.27 	on or after that date.

26.28 	Sec. 11. Minnesota Statutes 2016, section 360.0753, subdivision 7, is amended to read:
26.29 		Subd. 7.Refusal to permit test; cease and desist order. If a person under arrest refuses 
26.30 	to permit chemical testing, none shall be given, but the commissioner of transportation, 
26.31 	upon the receipt of a certificate of the peace officer that the officer had reasonable and 
26.32 	probable grounds to believe the arrested person had been operating or attempting to operate 
27.1 	an aircraft in violation of section 360.0752, that in the case of a blood or urine test the officer 
27.2 	was acting pursuant to a search warrant, and that the person had refused to permit the test, 
27.3 	shall issue a cease and desist order prohibiting the operation of an aircraft for a period of 
27.4 	one year. However, if a peace officer has probable cause to believe that the person has 
27.5 	violated section 609.2112, 609.2113, or 609.2114, a test may be required and obtained 
27.6 	despite the person's refusal. When a test is obtained pursuant to this section after the person 
27.7 	refused to submit to testing, the commissioner of transportation shall issue a cease and desist 
27.8 	order under this section based on the person's refusal. However, if the test is of the person's 
27.9 	blood or urine, the test must have been taken pursuant to a search warrant in order for a 
27.10 	cease and desist order to be issued.

27.11 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
27.12 	on or after that date.

27.13 	Sec. 12. Minnesota Statutes 2016, section 360.0753, subdivision 9, is amended to read:
27.14 		Subd. 9.Hearing. The hearing shall be before a district court in the county where the 
27.15 	arrest occurred, unless there is agreement that the hearing may be held in some other county. 
27.16 	The hearing shall be recorded and proceed as in a criminal matter, without the right of trial 
27.17 	by jury, and its scope shall cover the issues of whether the peace officer had reasonable and 
27.18 	probable grounds to believe the person was operating or attempting to operate an aircraft 
27.19 	in violation of section 360.0752; whether the person was lawfully placed under arrest; if 
27.20 	the test involved blood or urine, whether a licensed peace officer applied for a search warrant 
27.21 	in accordance with the requirements set forth in sections 626.04 to 626.18, and, if so, whether 
27.22 	a neutral magistrate reviewed the application for the search warrant and determined there 
27.23 	was probable cause to believe that the person violated section 360.0752, and whether the 
27.24 	warrant and the process by which it was obtained was valid; whether the person refused to 
27.25 	permit the test, and if the person refused whether the person had reasonable grounds for 
27.26 	refusing to permit the test; and whether at the time of request for the test the peace officer 
27.27 	informed the person that the right to fly will be denied if the person refused to permit the 
27.28 	test and of the right to have additional tests made by someone of the person's own choosing. 
27.29 	The court shall order either that the denial be rescinded or sustained and refer the order to 
27.30 	the commissioner of transportation for further action.

27.31 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
27.32 	on or after that date.

28.1 	Sec. 13. Minnesota Statutes 2016, section 624.7143, subdivision 1, is amended to read:
28.2 		Subdivision 1.Mandatory chemical testing. (a) A person who carries a pistol in a 
28.3 	public place on or about the person's clothes or person is required, subject to the provisions 
28.4 	of this section, to take or submit to a test of the person's blood, breath, or urine for the 
28.5 	purpose of determining the presence and amount of alcohol or a controlled substance. The 
28.6 	test shall be administered at the direction of an officer authorized to make arrests under 
28.7 	section 624.7142.
28.8 	(b) Taking or submitting to the a test of the person's breath is mandatory when requested 
28.9 	by an officer who has probable cause to believe the person was carrying a pistol in violation 
28.10 	of section 624.7142, and one of the following conditions exists:
28.11 	(1) the person has been lawfully placed under arrest for violating section 624.7142;
28.12 	(2) the person has been involved while carrying a firearm in a firearms-related accident 
28.13 	resulting in property damage, personal injury, or death;
28.14 	(3) the person has refused to take the preliminary screening test provided for in section 
28.15 	624.7142; or
28.16 	(4) the screening test was administered and indicated an alcohol concentration of 0.04 
28.17 	or more.
28.18 	(c) Taking or submitting to a test of the person's blood or urine is mandatory when 
28.19 	requested by a peace officer under the conditions described in paragraph (b) if the officer 
28.20 	is acting pursuant to a search warrant under sections 626.04 to 626.18.

28.21 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
28.22 	on or after that date.

28.23 	Sec. 14. Minnesota Statutes 2016, section 624.7143, is amended by adding a subdivision 
28.24 	to read:
28.25 		Subd. 1a.Blood or urine test; search warrant required. Notwithstanding any contrary 
28.26 	provision in this section, a blood or urine test may be conducted only pursuant to a search 
28.27 	warrant under sections 626.04 to 626.18, or a judicially recognized exception to the search 
28.28 	warrant requirement. When, under the provisions of this section, a search warrant is required 
28.29 	for a blood or urine test, that requirement is met if a judicially recognized exception to the 
28.30 	search warrant is applicable.

28.31 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
28.32 	on or after that date.

29.1 	Sec. 15. Minnesota Statutes 2016, section 624.7143, subdivision 2, is amended to read:
29.2 		Subd. 2.Penalties; refusal; revocation. (a) If a person refuses to take a test required 
29.3 	under subdivision 1, none must be given but the officer shall report the refusal to the sheriff 
29.4 	and to the authority having responsibility for prosecution of misdemeanor offenses for the 
29.5 	jurisdiction in which the incident occurred that gave rise to the test demand and refusal. On 
29.6 	certification by the officer that probable cause existed to believe the person had been carrying 
29.7 	a pistol on or about the person's clothes or person in a public place while under the influence 
29.8 	of alcohol or a controlled substance, that in the case of a blood or urine test the officer was 
29.9 	acting pursuant to a search warrant, and that the person refused to submit to testing, a court 
29.10 	may impose a civil penalty of $500 and may revoke the person's authority to carry a pistol 
29.11 	in a public place on or about the person's clothes or person under the provisions of a permit 
29.12 	or otherwise for a period of one year from the date of the refusal. The person shall be 
29.13 	accorded notice and an opportunity to be heard prior to imposition of the civil penalty or 
29.14 	the revocation.
29.15 	(b) Revocations under this subdivision must be reported in the same manner as in section 
29.16 	624.714, subdivision 12a.

29.17 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
29.18 	on or after that date.

29.19 	Sec. 16. Minnesota Statutes 2016, section 624.7143, subdivision 3, is amended to read:
29.20 		Subd. 3.Rights and obligations. At the time a test is requested, the person must be 
29.21 	informed that:
29.22 	(1) Minnesota law requires a person to take a test to determine if the person is under the 
29.23 	influence of alcohol or a controlled substance;
29.24 	(2) if the person refuses to take the test, the person is subject to a civil penalty of $500 
29.25 	and is prohibited for a period of one year from carrying a pistol in a public place on or about 
29.26 	the person's clothes or person, as provided under subdivision 2; and
29.27 	(3) that, in the case of a breath test, the person has the right to consult with an attorney, 
29.28 	but that this right is limited to the extent it cannot unreasonably delay administration of the 
29.29 	test or the person will be deemed to have refused the test.

29.30 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
29.31 	on or after that date.

30.1 	Sec. 17. Minnesota Statutes 2016, section 624.7143, subdivision 4, is amended to read:
30.2 		Subd. 4.Requirement of blood or urine Type of test. Notwithstanding subdivision 1,
30.3 	(a) A peace officer who directs a test pursuant to this section may direct a breath test.
30.4 	(b) A peace officer, acting pursuant to a search warrant, may direct a blood or urine test 
30.5 	as provided in the warrant. If the warrant authorizes either a blood or urine test, the officer 
30.6 	may direct whether the test is of blood or urine. If the person to whom the test is directed 
30.7 	objects to the test, the officer shall offer the person an alternative test of either blood or 
30.8 	urine.
30.9 	(c) If there is probable cause to believe there is impairment by a controlled substance 
30.10 	that is not subject to testing by a breath test, a blood or urine test may be required pursuant 
30.11 	to a search warrant even after a breath test has been administered.
30.12 	(d) Action under this section may be taken against a person who refuses to take a blood 
30.13 	test only if an alternative test was offered and action may be taken against a person who 
30.14 	refuses to take a urine test only if an alternative test was offered.

30.15 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
30.16 	on or after that date.

30.17 	Sec. 18. REVISOR'S INSTRUCTION.
 30.18 	The revisor of statutes shall add cross-references to Minnesota Statutes, section 171.177, 
30.19 	in Minnesota Statutes sections that contain cross-references to driver's license revocations 
30.20 	under Minnesota Statutes, section 169A.52, as necessary. The revisor may make technical 
30.21 	and other necessary changes to language and sentence structure to preserve the meaning of 
30.22 	the text of the statute.

30.23 	EFFECTIVE DATE. This section is effective July 1, 2017.