1.1 	A bill for an act
1.2 	relating to public safety; providing technical amendments to criminal vehicular 
1.3 	homicide or operation statute;amending Minnesota Statutes 2012, section 
1.4 	609.21, subdivisions 1, 1a, 5; proposing coding for new law in Minnesota 
1.5 	Statutes, chapter 609.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2012, section 609.21, subdivision 1, is amended to read:
1.8 		Subdivision 1.Criminal vehicular homicide or operation; crime described. A 
1.9 	person is guilty of criminal vehicular homicide or operation and may be sentenced as 
1.10 	provided in subdivision 1a, if the person causes injury to or to imprisonment for not 
1.11 	more than ten years or to payment of a fine of not more than $20,000, or both, if the 
1.12 	person causes the death of another a human being not constituting murder or manslaughter
1.13 	 as a result of operating a motor vehicle:
1.14 	(1) in a grossly negligent manner;
1.15 	(2) in a negligent manner while under the influence of:
1.16 	(i) alcohol;
1.17 	(ii) a controlled substance; or
1.18 	(iii) any combination of those elements;
1.19 	(3) while having an alcohol concentration of 0.08 or more;
1.20 	(4) while having an alcohol concentration of 0.08 or more, as measured within 
1.21 	two hours of the time of driving;
1.22 	(5) in a negligent manner while knowingly under the influence of a hazardous 
1.23 	substance;
2.1 	(6) in a negligent manner while any amount of a controlled substance listed in 
2.2 	Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is 
2.3 	present in the person's body;
2.4 	(7) where the driver who causes the accident leaves the scene of the accident in 
2.5 	violation of section 169.09, subdivision 1 or 6; or
2.6 	(8) where the driver had actual knowledge that a peace officer had previously issued 
2.7 	a citation or warning that the motor vehicle was defectively maintained, the driver had 
2.8 	actual knowledge that remedial action was not taken, the driver had reason to know that 
2.9 	the defect created a present danger to others, and the injury or death was caused by the 
2.10 	defective maintenance.

2.11 	Sec. 2. Minnesota Statutes 2012, section 609.21, subdivision 1a, is amended to read:
2.12 		Subd. 1a.Criminal penalties Great bodily harm. (a) A person who violates 
2.13 	subdivision 1 and causes the death of a human being not constituting murder or 
2.14 	manslaughter or the death of an unborn child may be sentenced to imprisonment for not 
2.15 	more than ten years or to payment of a fine of not more than $20,000, or both.
2.16 	(b) A person who violates subdivision 1 and causes great bodily harm to another not 
2.17 	constituting attempted murder or assault or great bodily harm to an unborn child who is 
2.18 	subsequently born alive may be sentenced to imprisonment for not more than five years or 
2.19 	to payment of a fine of not more than $10,000, or both.
2.20 	(c) A person who violates subdivision 1 and causes substantial bodily harm to 
2.21 	another may be sentenced to imprisonment for not more than three years or to payment of 
2.22 	a fine of not more than $10,000, or both.
2.23 	(d) A person who violates subdivision 1 and causes bodily harm to another may be 
2.24 	sentenced to imprisonment for not more than one year or to payment of a fine of not 
2.25 	more than $3,000, or both.
2.26 	A person is guilty of criminal vehicular operation resulting in great bodily harm and 
2.27 	may be sentenced to imprisonment for not more than five years or to payment of a fine 
2.28 	of not more than $10,000, or both, if the person causes great bodily harm to another not 
2.29 	constituting attempted murder or assault as a result of operating a motor vehicle:
2.30 	(1) in a grossly negligent manner;
2.31 	(2) in a negligent manner while under the influence of:
2.32 	(i) alcohol;
2.33 	(ii) a controlled substance; or
2.34 	(iii) any combination of those elements;
2.35 	(3) while having an alcohol concentration of 0.08 or more;
3.1 	(4) while having an alcohol concentration of 0.08 or more, as measured within 
3.2 	two hours of the time of driving;
3.3 	(5) in a negligent manner while knowingly under the influence of a hazardous 
3.4 	substance;
3.5 	(6) in a negligent manner while any amount of a controlled substance listed in 
3.6 	Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is 
3.7 	present in the person's body;
3.8 	(7) where the driver who causes the accident leaves the scene of the accident in 
3.9 	violation of section 169.09, subdivision 1 or 6; or
3.10 	(8) where the driver had actual knowledge that a peace officer had previously issued a 
3.11 	citation or warning that the motor vehicle was defectively maintained, the driver had actual 
3.12 	knowledge that remedial action was not taken, the driver had reason to know that the defect 
3.13 	created a present danger to others, and the injury was caused by the defective maintenance.

3.14 	Sec. 3. Minnesota Statutes 2012, section 609.21, subdivision 5, is amended to read:
3.15 		Subd. 5.Definitions. (a) For purposes of this section sections 609.2111 to 609.2114, 
3.16 	the terms defined in this subdivision have the meanings given them.
3.17 	(a) (b) "Motor vehicle" has the meaning given in section 609.52, subdivision 1, and 
3.18 	includes attached trailers.
3.19 	(b) (c) "Controlled substance" has the meaning given in section 152.01, subdivision 4.
3.20 	(c) (d) "Hazardous substance" means any chemical or chemical compound that is 
3.21 	listed as a hazardous substance in rules adopted under chapter 182.

3.22 	Sec. 4. [609.2113] CRIMINAL VEHICULAR OPERATION; BODILY HARM.
3.23 		Subdivision 1.Substantial bodily harm. A person is guilty of criminal vehicular 
3.24 	operation resulting in substantial bodily harm and may be sentenced to imprisonment for 
3.25 	not more than three years or to payment of a fine of not more than $10,000, or both, if the 
3.26 	person causes substantial bodily harm to another as a result of operating a motor vehicle:
3.27 	(1) in a grossly negligent manner;
3.28 	(2) in a negligent manner while under the influence of:
3.29 	(i) alcohol;
3.30 	(ii) a controlled substance; or
3.31 	(iii) any combination of those elements;
3.32 	(3) while having an alcohol concentration of 0.08 or more;
3.33 	(4) while having an alcohol concentration of 0.08 or more, as measured within 
3.34 	two hours of the time of driving;
4.1 	(5) in a negligent manner while knowingly under the influence of a hazardous 
4.2 	substance;
4.3 	(6) in a negligent manner while any amount of a controlled substance listed in 
4.4 	Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is 
4.5 	present in the person's body;
4.6 	(7) where the driver who causes the accident leaves the scene of the accident in 
4.7 	violation of section 169.09, subdivision 1 or 6; or
4.8 	(8) where the driver had actual knowledge that a peace officer had previously issued a 
4.9 	citation or warning that the motor vehicle was defectively maintained, the driver had actual 
4.10 	knowledge that remedial action was not taken, the driver had reason to know that the defect 
4.11 	created a present danger to others, and the injury was caused by the defective maintenance.
4.12 		Subd. 2.Bodily harm. A person is guilty of criminal vehicular operation resulting 
4.13 	in bodily harm and may be sentenced to imprisonment for not more than one year or to 
4.14 	payment of a fine of not more than $3,000, or both, if the person causes bodily harm to 
4.15 	another as a result of operating a motor vehicle:
4.16 	(1) in a grossly negligent manner;
4.17 	(2) in a negligent manner while under the influence of:
4.18 	(i) alcohol;
4.19 	(ii) a controlled substance; or
4.20 	(iii) any combination of those elements;
4.21 	(3) while having an alcohol concentration of 0.08 or more;
4.22 	(4) while having an alcohol concentration of 0.08 or more, as measured within 
4.23 	two hours of the time of driving;
4.24 	(5) in a negligent manner while knowingly under the influence of a hazardous 
4.25 	substance;
4.26 	(6) in a negligent manner while any amount of a controlled substance listed in 
4.27 	Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is 
4.28 	present in the person's body;
4.29 	(7) where the driver who causes the accident leaves the scene of the accident in 
4.30 	violation of section 169.09, subdivision 1 or 6; or
4.31 	(8) where the driver had actual knowledge that a peace officer had previously issued a 
4.32 	citation or warning that the motor vehicle was defectively maintained, the driver had actual 
4.33 	knowledge that remedial action was not taken, the driver had reason to know that the defect 
4.34 	created a present danger to others, and the injury was caused by the defective maintenance.
4.35 		Subd. 3.Affirmative defense. It shall be an affirmative defense to a charge under 
4.36 	subdivisions 1, clause (6); 2, clause (6); and 3, clause (6), that the defendant used the 
5.1 	controlled substance according to the terms of a prescription issued for the defendant in 
5.2 	accordance with sections 152.11 and 152.12.

5.3 	Sec. 5. [609.2114] CRIMINAL VEHICULAR OPERATION; UNBORN CHILD.
5.4 		Subdivision 1.Death to an unborn child. A person is guilty of criminal vehicular 
5.5 	operation resulting in death to an unborn child and may be sentenced to imprisonment for 
5.6 	not more than ten years or to payment of a fine of not more than $20,000, or both, if the 
5.7 	person causes the death of an unborn child as a result of operating a motor vehicle:
5.8 	(1) in a grossly negligent manner;
5.9 	(2) in a negligent manner while under the influence of:
5.10 	(i) alcohol;
5.11 	(ii) a controlled substance; or
5.12 	(iii) any combination of those elements;
5.13 	(3) while having an alcohol concentration of 0.08 or more;
5.14 	(4) while having an alcohol concentration of 0.08 or more, as measured within 
5.15 	two hours of the time of driving;
5.16 	(5) in a negligent manner while knowingly under the influence of a hazardous 
5.17 	substance;
5.18 	(6) in a negligent manner while any amount of a controlled substance listed in 
5.19 	Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is 
5.20 	present in the person's body;
5.21 	(7) where the driver who causes the accident leaves the scene of the accident in 
5.22 	violation of section 169.09, subdivision 1 or 6; or
5.23 	(8) where the driver had actual knowledge that a peace officer had previously issued a 
5.24 	citation or warning that the motor vehicle was defectively maintained, the driver had actual 
5.25 	knowledge that remedial action was not taken, the driver had reason to know that the defect 
5.26 	created a present danger to others, and the injury was caused by the defective maintenance.
5.27 		Subd. 2.Injury to an unborn child. A person is guilty of criminal vehicular 
5.28 	operation resulting in injury to an unborn child and may be sentenced to imprisonment 
5.29 	for not more than five years or to payment of a fine of not more than $10,000, or both, 
5.30 	if the person causes the great bodily harm to an unborn child subsequently born alive 
5.31 	as a result of operating a motor vehicle:
5.32 	(1) in a grossly negligent manner;
5.33 	(2) in a negligent manner while under the influence of:
5.34 	(i) alcohol;
5.35 	(ii) a controlled substance; or
6.1 	(iii) any combination of those elements;
6.2 	(3) while having an alcohol concentration of 0.08 or more;
6.3 	(4) while having an alcohol concentration of 0.08 or more, as measured within 
6.4 	two hours of the time of driving;
6.5 	(5) in a negligent manner while knowingly under the influence of a hazardous 
6.6 	substance;
6.7 	(6) in a negligent manner while any amount of a controlled substance listed in 
6.8 	Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is 
6.9 	present in the person's body;
6.10 	(7) where the driver who causes the accident leaves the scene of the accident in 
6.11 	violation of section 169.09, subdivision 1 or 6; or
6.12 	(8) where the driver had actual knowledge that a peace officer had previously issued a 
6.13 	citation or warning that the motor vehicle was defectively maintained, the driver had actual 
6.14 	knowledge that remedial action was not taken, the driver had reason to know that the defect 
6.15 	created a present danger to others, and the injury was caused by the defective maintenance.
6.16 		Subd. 3.Affirmative defense. It shall be an affirmative defense to a charge under 
6.17 	subdivisions 1, clause (6), and 2, clause (6), that the defendant used the controlled 
6.18 	substance according to the terms of a prescription issued for the defendant in accordance 
6.19 	with sections 152.11 and 152.12.

6.20 	Sec. 6. REVISOR'S INSTRUCTION.
 6.21 	The revisor of statutes shall renumber the provisions of Minnesota Statutes listed in 
6.22 	Column A to the references listed in column B. The revisor shall also make necessary 
6.23 	cross-reference changes in Minnesota Statutes and Minnesota Rules consistent with the 
6.24 	renumbering in this instruction.

6.25		Column A
	Column B
	
6.26		609.21, subdivision 5
	609.2111
	
6.27		609.21, subdivision 1
	609.2112, subdivision 1
	
6.28		609.21, subdivision 4a
	609.2112, subdivision 2
	
6.29		609.21, subdivision 1a
	609.2113, subdivision 1
	
6.30		609.2113, subdivision 1
	609.2113, subdivision 2
	
6.31		609.2113, subdivision 2
	609.2113, subdivision 3
	
6.32		609.2113, subdivision 3
	609.2113, subdivision 4
	
6.33		609.21, subdivision 1b
	609.2114, subdivision 3
	
6.34		609.2114, subdivision 3
	609.2114, subdivision 4