1.1                          A bill for an act 
  1.2             relating to crime prevention; doubling the driver's 
  1.3             license revocation periods applicable to persons who 
  1.4             violate DWI laws while having a blood alcohol content 
  1.5             of 0.20 or greater; authorizing the imposition of a 
  1.6             penalty assessment against those persons of up to 
  1.7             $1,000; amending Minnesota Statutes 1996, sections 
  1.8             169.121, subdivision 4, and by adding a subdivision; 
  1.9             169.123, subdivision 4; and 171.30, by adding a 
  1.10            subdivision. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1996, section 169.121, 
  1.13  subdivision 4, is amended to read: 
  1.14     Subd. 4.  [ADMINISTRATIVE PENALTIES.] (a) The commissioner 
  1.15  of public safety shall revoke the driver's license of a person 
  1.16  convicted of violating this section or an ordinance in 
  1.17  conformity with it as follows:  
  1.18     (1) for an offense under subdivision 1:  not less than 30 
  1.19  days; 
  1.20     (2) for an offense under subdivision 1a:  not less than 90 
  1.21  days; 
  1.22     (3) for an offense occurring within five years after a 
  1.23  prior impaired driving conviction or a prior license revocation, 
  1.24  or any time after two or more prior impaired driving convictions 
  1.25  or prior license revocations:  (i) if the current conviction is 
  1.26  for a violation of subdivision 1, not less than 180 days and 
  1.27  until the court has certified that treatment or rehabilitation 
  1.28  has been successfully completed where prescribed in accordance 
  2.1   with section 169.126; or (ii) if the current conviction is for a 
  2.2   violation of subdivision 1a, not less than one year and until 
  2.3   the court has certified that treatment or rehabilitation has 
  2.4   been successfully completed where prescribed in accordance with 
  2.5   section 169.126; 
  2.6      (4) for an offense occurring within five years after the 
  2.7   first of two prior impaired driving convictions or prior license 
  2.8   revocations:  not less than one year, together with denial under 
  2.9   section 171.04, subdivision 1, clause (8) (9), until 
  2.10  rehabilitation is established in accordance with standards 
  2.11  established by the commissioner; 
  2.12     (5) for an offense occurring any time after three or more 
  2.13  prior impaired driving convictions or prior license 
  2.14  revocations:  not less than two years, together with denial 
  2.15  under section 171.04, subdivision 1, clause (8) (9), until 
  2.16  rehabilitation is established in accordance with standards 
  2.17  established by the commissioner.  
  2.18     (b) If the person convicted of violating this section is 
  2.19  under the age of 21 years, the commissioner of public safety 
  2.20  shall revoke the offender's driver's license or operating 
  2.21  privileges for a period of six months or for the appropriate 
  2.22  period of time under paragraph (a), clauses (1) to (5), for the 
  2.23  offense committed, whichever is the greatest period.  
  2.24     (c) For purposes of this subdivision, a juvenile 
  2.25  adjudication under this section, section 169.129, an ordinance 
  2.26  in conformity with either of them, or a statute or ordinance 
  2.27  from another state in conformity with either of them is an 
  2.28  offense.  
  2.29     (d) Whenever department records show that the violation 
  2.30  involved personal injury or death to any person, not less than 
  2.31  90 additional days shall be added to the base periods provided 
  2.32  above.  
  2.33     (e) If the person convicted of violating this section had 
  2.34  an alcohol concentration of 0.20 or more at the time of the 
  2.35  violation, the commissioner of public safety shall revoke the 
  2.36  person's driver's license for twice the period of time otherwise 
  3.1   provided for in this subdivision. 
  3.2      (f) Except for a person whose license has been revoked 
  3.3   under paragraph (b), and except for a person who commits a 
  3.4   violation described in subdivision 3, paragraph (c), clause (4), 
  3.5   (child endangerment), any person whose license has been revoked 
  3.6   pursuant to section 169.123 as the result of the same incident, 
  3.7   and who does not have a prior impaired driving conviction or 
  3.8   prior license revocation within the previous ten years, is 
  3.9   subject to the mandatory revocation provisions of paragraph (a), 
  3.10  clause (1) or (2), in lieu of the mandatory revocation 
  3.11  provisions of section 169.123. 
  3.12     (f) (g) As used in this subdivision, the terms "prior 
  3.13  impaired driving conviction" and "prior license revocation" have 
  3.14  the meanings given in subdivision 3, paragraph (a). 
  3.15     Sec. 2.  Minnesota Statutes 1996, section 169.121, is 
  3.16  amended by adding a subdivision to read: 
  3.17     Subd. 5b.  [PENALTY ASSESSMENT.] When a court sentences a 
  3.18  person convicted of violating subdivision 1, the court may 
  3.19  impose a penalty assessment of up to $1,000 if the court 
  3.20  determines that the person's alcohol concentration at the time 
  3.21  of the violation was 0.20 or higher.  The court may impose this 
  3.22  assessment in addition to any other penalties or charges 
  3.23  authorized under this section.  Money collected under this 
  3.24  subdivision must be credited to the general fund. 
  3.25     Sec. 3.  Minnesota Statutes 1996, section 169.123, 
  3.26  subdivision 4, is amended to read: 
  3.27     Subd. 4.  [REFUSAL; REVOCATION OF LICENSE.] (a) If a person 
  3.28  refuses to permit a test, none shall be given, but the peace 
  3.29  officer shall report the refusal to the commissioner of public 
  3.30  safety and the authority having responsibility for prosecution 
  3.31  of misdemeanor offenses for the jurisdiction in which the acts 
  3.32  occurred.  However, if a peace officer has probable cause to 
  3.33  believe that the person has violated section 609.21, a test may 
  3.34  be required and obtained despite the person's refusal.  A 
  3.35  refusal to submit to an alcohol concentration test does not 
  3.36  constitute a violation of section 609.50, unless the refusal was 
  4.1   accompanied by force or violence or the threat of force or 
  4.2   violence.  
  4.3      (b) If a person submits to a test and the test results 
  4.4   indicate an alcohol concentration of 0.10 or more or the 
  4.5   presence of a controlled substance listed in schedule I or II, 
  4.6   other than marijuana or tetrahydrocannabinols, or if a person 
  4.7   was driving, operating, or in physical control of a commercial 
  4.8   motor vehicle and the test results indicate an alcohol 
  4.9   concentration of 0.04 or more, the results of the test shall be 
  4.10  reported to the commissioner of public safety and to the 
  4.11  authority having responsibility for prosecution of misdemeanor 
  4.12  offenses for the jurisdiction in which the acts occurred. 
  4.13     (c) Upon certification by the peace officer that there 
  4.14  existed probable cause to believe the person had been driving, 
  4.15  operating, or in physical control of a motor vehicle in 
  4.16  violation of section 169.121 and that the person refused to 
  4.17  submit to a test, the commissioner of public safety shall revoke 
  4.18  the person's license or permit to drive, or nonresident 
  4.19  operating privilege, for a period of one year even if a test was 
  4.20  obtained pursuant to this section after the person refused to 
  4.21  submit to testing.  
  4.22     (d) Upon certification by the peace officer that there 
  4.23  existed probable cause to believe the person had been driving, 
  4.24  operating, or in physical control of a commercial motor vehicle 
  4.25  with the presence of any alcohol in violation of section 169.121 
  4.26  or 169.1211, and that the person refused to submit to a test, 
  4.27  the commissioner shall disqualify the person from operating a 
  4.28  commercial motor vehicle for a period of one year under section 
  4.29  171.165 and shall revoke the person's license or permit to drive 
  4.30  or nonresident operating privilege for a period of one year.  
  4.31     (e) Upon certification by the peace officer that there 
  4.32  existed probable cause to believe the person had been driving, 
  4.33  operating or in physical control of a motor vehicle in violation 
  4.34  of section 169.121 and that the person submitted to a test and 
  4.35  the test results indicate an alcohol concentration of 0.10 or 
  4.36  more or the presence of a controlled substance listed in 
  5.1   schedule I or II, other than marijuana or tetrahydrocannabinols, 
  5.2   the commissioner of public safety shall revoke the person's 
  5.3   license or permit to drive, or nonresident operating privilege: 
  5.4      (1) for a period of 90 days; or 
  5.5      (2) if the person is under the age of 21 years, for a 
  5.6   period of six months; or 
  5.7      (3) for a person with a prior impaired driving conviction 
  5.8   or prior license revocation within the past five years, for a 
  5.9   period of 180 days; or 
  5.10     (4) if the test results indicate an alcohol concentration 
  5.11  of 0.20 or more, for twice the applicable period in clauses (1) 
  5.12  to (3). 
  5.13     (f) On certification by the peace officer that there 
  5.14  existed probable cause to believe the person had been driving, 
  5.15  operating, or in physical control of a commercial motor vehicle 
  5.16  with any presence of alcohol and that the person submitted to a 
  5.17  test and the test results indicated an alcohol concentration of 
  5.18  0.04 or more, the commissioner of public safety shall disqualify 
  5.19  the person from operating a commercial motor vehicle under 
  5.20  section 171.165.  
  5.21     (g) If the person is a resident without a license or permit 
  5.22  to operate a motor vehicle in this state, the commissioner of 
  5.23  public safety shall deny to the person the issuance of a license 
  5.24  or permit for the same period after the date of the alleged 
  5.25  violation as provided herein for revocation, subject to review 
  5.26  as hereinafter provided. 
  5.27     (h) As used in this subdivision, the terms "prior impaired 
  5.28  driving conviction" and "prior license revocation" have the 
  5.29  meanings given in section 169.121, subdivision 3, paragraph (a). 
  5.30     Sec. 4.  Minnesota Statutes 1996, section 171.30, is 
  5.31  amended by adding a subdivision to read: 
  5.32     Subd. 2c.  [EXTENDED WAITING PERIOD.] If a person's license 
  5.33  or privilege has been revoked or suspended for a violation of 
  5.34  section 169.121, 169.123, or a statute or ordinance from another 
  5.35  state in conformity with either of those sections, and the 
  5.36  person's alcohol concentration was 0.20 or greater at the time 
  6.1   of the violation, a limited license may not be issued for a 
  6.2   period of time equal to twice the time period specified in 
  6.3   subdivision 2a or 2b. 
  6.4      Sec. 5.  [EFFECTIVE DATE.] 
  6.5      Sections 1 to 4 are effective August 1, 1997, and apply to 
  6.6   violations occurring on or after that date.