Bill Text: MN HF3126 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Criminal vehicular homicide occurring within ten years of a qualified offense enhanced penalty created.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-03-17 - Introduction and first reading, referred to Public Safety Finance and Policy [HF3126 Detail]
Download: Minnesota-2013-HF3126-Introduced.html
1.2relating to public safety; creating an enhanced penalty for criminal vehicular
1.3homicide occurring within ten years of a qualified offense;amending Minnesota
1.4Statutes 2012, section 609.21, subdivisions 1a, 5, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 609.21, subdivision 1a, is amended to read:
1.7 Subd. 1a. Criminal penalties. (a) Except as provided in subdivision 1c, a person
1.8who violates subdivision 1 and causes the death of a human being not constituting murder
1.9or manslaughter or the death of an unborn child may be sentenced to imprisonment for not
1.10more than ten years or to payment of a fine of not more than $20,000, or both.
1.11 (b) A person who violates subdivision 1 and causes great bodily harm to another not
1.12constituting attempted murder or assault or great bodily harm to an unborn child who is
1.13subsequently born alive may be sentenced to imprisonment for not more than five years or
1.14to payment of a fine of not more than $10,000, or both.
1.15 (c) A person who violates subdivision 1 and causes substantial bodily harm to
1.16another may be sentenced to imprisonment for not more than three years or to payment of
1.17a fine of not more than $10,000, or both.
1.18 (d) A person who violates subdivision 1 and causes bodily harm to another may be
1.19sentenced to imprisonment for not more than one year or to payment of a fine of not
1.20more than $3,000, or both.
1.21EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
1.22committed on or after that date.
2.1 Sec. 2. Minnesota Statutes 2012, section 609.21, is amended by adding a subdivision
2.2to read:
2.3 Subd. 1c. Enhanced penalty. If a person is sentenced under subdivision 1a,
2.4paragraph (a), for a violation of subdivision 1, clauses (2) to (6), occurring within ten years
2.5of a qualified prior driving offense, the statutory maximum sentence of imprisonment is
2.615 years.
2.7EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
2.8committed on or after that date.
2.9 Sec. 3. Minnesota Statutes 2012, section 609.21, subdivision 5, is amended to read:
2.10 Subd. 5. Definitions. For purposes of this section, the terms defined in this
2.11subdivision have the meanings given them.
2.12 (a) "Motor vehicle" has the meaning given in section609.52, subdivision 1 , and
2.13includes attached trailers.
2.14 (b) "Controlled substance" has the meaning given in section152.01, subdivision 4 .
2.15 (c) "Hazardous substance" means any chemical or chemical compound that is listed
2.16as a hazardous substance in rules adopted under chapter 182.
2.17 (d) "Qualified prior driving offense" includes a prior conviction:
2.18 (1) for a violation of section 169A.20 under the circumstances described in section
2.19169A.24, 169A.25, or 169A.26;
2.20 (2) for a violation of section 169A.20 under the circumstances described in section
2.21169A.27 and involving damage to property;
2.22 (3) for a violation of section 169.13 involving damage to property;
2.23 (4) under subdivision 1, clauses (2) to (6); or
2.24 (5) under Minnesota Statutes 2006, section 609.21, subdivision 1, clauses (2) to (6);
2.252, clauses (2) to (6); 2a, clauses (2) to (6); 2b, clauses (2) to (6); 3, clauses (2) to (6); or 4,
2.26clauses (2) to (6).
2.27EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
2.28committed on or after that date.
1.3homicide occurring within ten years of a qualified offense;amending Minnesota
1.4Statutes 2012, section 609.21, subdivisions 1a, 5, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 609.21, subdivision 1a, is amended to read:
1.7 Subd. 1a. Criminal penalties. (a) Except as provided in subdivision 1c, a person
1.8who violates subdivision 1 and causes the death of a human being not constituting murder
1.9or manslaughter or the death of an unborn child may be sentenced to imprisonment for not
1.10more than ten years or to payment of a fine of not more than $20,000, or both.
1.11 (b) A person who violates subdivision 1 and causes great bodily harm to another not
1.12constituting attempted murder or assault or great bodily harm to an unborn child who is
1.13subsequently born alive may be sentenced to imprisonment for not more than five years or
1.14to payment of a fine of not more than $10,000, or both.
1.15 (c) A person who violates subdivision 1 and causes substantial bodily harm to
1.16another may be sentenced to imprisonment for not more than three years or to payment of
1.17a fine of not more than $10,000, or both.
1.18 (d) A person who violates subdivision 1 and causes bodily harm to another may be
1.19sentenced to imprisonment for not more than one year or to payment of a fine of not
1.20more than $3,000, or both.
1.21EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
1.22committed on or after that date.
2.1 Sec. 2. Minnesota Statutes 2012, section 609.21, is amended by adding a subdivision
2.2to read:
2.3 Subd. 1c. Enhanced penalty. If a person is sentenced under subdivision 1a,
2.4paragraph (a), for a violation of subdivision 1, clauses (2) to (6), occurring within ten years
2.5of a qualified prior driving offense, the statutory maximum sentence of imprisonment is
2.615 years.
2.7EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
2.8committed on or after that date.
2.9 Sec. 3. Minnesota Statutes 2012, section 609.21, subdivision 5, is amended to read:
2.10 Subd. 5. Definitions. For purposes of this section, the terms defined in this
2.11subdivision have the meanings given them.
2.12 (a) "Motor vehicle" has the meaning given in section
2.13includes attached trailers.
2.14 (b) "Controlled substance" has the meaning given in section
2.15 (c) "Hazardous substance" means any chemical or chemical compound that is listed
2.16as a hazardous substance in rules adopted under chapter 182.
2.17 (d) "Qualified prior driving offense" includes a prior conviction:
2.18 (1) for a violation of section 169A.20 under the circumstances described in section
2.19169A.24, 169A.25, or 169A.26;
2.20 (2) for a violation of section 169A.20 under the circumstances described in section
2.21169A.27 and involving damage to property;
2.22 (3) for a violation of section 169.13 involving damage to property;
2.23 (4) under subdivision 1, clauses (2) to (6); or
2.24 (5) under Minnesota Statutes 2006, section 609.21, subdivision 1, clauses (2) to (6);
2.252, clauses (2) to (6); 2a, clauses (2) to (6); 2b, clauses (2) to (6); 3, clauses (2) to (6); or 4,
2.26clauses (2) to (6).
2.27EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
2.28committed on or after that date.
