Bill Text: MN HF85 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Careless driving resulting in death penalty provided, and violator's driver's license revocation provided.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-13 - Introduction and first reading, referred to Public Safety and Crime Prevention Policy and Finance [HF85 Detail]
Download: Minnesota-2011-HF85-Introduced.html
1.2relating to crimes; providing penalty for careless driving resulting in death;
1.3providing for revocation of violator's driver's license;amending Minnesota
1.4Statutes 2010, sections 169.13, by adding a subdivision; 171.17, subdivision 1;
1.5171.30, subdivision 2a.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 169.13, is amended by adding a
1.8subdivision to read:
1.9 Subd. 4. Careless driving resulting in death. (a) A person who drives, operates, or
1.10halts a vehicle anywhere in this state, carelessly or heedlessly in disregard of the rights or
1.11safety of others, including the driver or passenger of the vehicle, which results in the death
1.12of any person is guilty of a gross misdemeanor.
1.13(b) Notwithstanding section 609.035 or 609.04 or other law to the contrary, a
1.14prosecution for or a conviction, juvenile adjudication, or finding of a violation of this
1.15section is not a bar to a conviction, juvenile adjudication, finding of a violation, or
1.16punishment for any other crime, delinquent act, or juvenile petty offense as part of the
1.17same conduct.
1.18(c) The court may not stay the execution of the driver's license revocation provisions
1.19of section 171.17, subdivision 1, paragraph (a), clause (9), or section 171.30, subdivision
1.202a, clause (2), resulting from a violation of paragraph (a).
1.21 Sec. 2. Minnesota Statutes 2010, section 171.17, subdivision 1, is amended to read:
1.22 Subdivision 1. Offenses. (a) The department shall immediately revoke the license
1.23of a driver upon receiving a record of the driver's conviction of:
2.1(1) manslaughter resulting from the operation of a motor vehicle or criminal
2.2vehicular homicide or injury under section609.21 ;
2.3(2) a violation of section169A.20 or
609.487 ;
2.4(3) a felony in the commission of which a motor vehicle was used;
2.5(4) failure to stop and disclose identity and render aid, as required under section
2.6169.09
, in the event of a motor vehicle accident, resulting in the death or personal injury
2.7of another;
2.8(5) perjury or the making of a false affidavit or statement to the department under
2.9any law relating to the ownership or operation of a motor vehicle;
2.10(6) except as this section otherwise provides, three charges of violating within a
2.11period of 12 months any of the provisions of chapter 169 or of the rules or municipal
2.12ordinances enacted in conformance with chapter 169, for which the accused may be
2.13punished upon conviction by imprisonment;
2.14(7) two or more violations, within five years, of the misdemeanor offense described
2.15in section169.444, subdivision 2 , paragraph (a);
2.16(8) the gross misdemeanor offense described in section169.444, subdivision 2 ,
2.17paragraph (b);
2.18(9) a violation of an offense described in section 169.13, subdivision 4, which must
2.19be revoked for one year;
2.20(9) (10) an offense in another state that, if committed in this state, would be grounds
2.21for revoking the driver's license; or
2.22(10) (11) a violation of an applicable speed limit by a person driving in excess of
2.23100 miles per hour. The person's license, which must be revoked for six months for a
2.24violation of this clause, or for a longer minimum period of time applicable under section
2.25169A.53
,
169A.54 , or
171.174 .
2.26(b) The department shall immediately revoke the school bus endorsement of a driver
2.27upon receiving a record of the driver's conviction of the misdemeanor offense described in
2.28section169.443, subdivision 7 .
2.29 Sec. 3. Minnesota Statutes 2010, section 171.30, subdivision 2a, is amended to read:
2.30 Subd. 2a. Other waiting periods. Notwithstanding subdivision 2, a limited license
2.31shall not be issued for a period of:
2.32(1) 15 days, to a person whose license or privilege has been revoked or suspended
2.33for a first violation of section169A.20 , sections
169A.50 to
169A.53 , or a statute or
2.34ordinance from another state in conformity with either of those sections;or
3.1(2) 180 days, to a person whose license or privilege has been revoked for violating
3.2section 169.13, subdivision 4, for committing careless driving resulting in death, or a
3.3statute or ordinance from another state in conformity with that section, and then only upon
3.4the written recommendation of district or juvenile court; or
3.5(2) (3) one year, to a person whose license or privilege has been revoked or
3.6suspended for committing manslaughter resulting from the operation of a motor vehicle,
3.7committing criminal vehicular homicide or injury under section609.21 , or violating a
3.8statute or ordinance from another state in conformity with either of those offenses.
3.9 Sec. 4. EFFECTIVE DATE.
3.10Sections 1 to 3 are effective August 1, 2012, for violations committed on or after
3.11that date.
1.3providing for revocation of violator's driver's license;amending Minnesota
1.4Statutes 2010, sections 169.13, by adding a subdivision; 171.17, subdivision 1;
1.5171.30, subdivision 2a.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 169.13, is amended by adding a
1.8subdivision to read:
1.9 Subd. 4. Careless driving resulting in death. (a) A person who drives, operates, or
1.10halts a vehicle anywhere in this state, carelessly or heedlessly in disregard of the rights or
1.11safety of others, including the driver or passenger of the vehicle, which results in the death
1.12of any person is guilty of a gross misdemeanor.
1.13(b) Notwithstanding section 609.035 or 609.04 or other law to the contrary, a
1.14prosecution for or a conviction, juvenile adjudication, or finding of a violation of this
1.15section is not a bar to a conviction, juvenile adjudication, finding of a violation, or
1.16punishment for any other crime, delinquent act, or juvenile petty offense as part of the
1.17same conduct.
1.18(c) The court may not stay the execution of the driver's license revocation provisions
1.19of section 171.17, subdivision 1, paragraph (a), clause (9), or section 171.30, subdivision
1.202a, clause (2), resulting from a violation of paragraph (a).
1.21 Sec. 2. Minnesota Statutes 2010, section 171.17, subdivision 1, is amended to read:
1.22 Subdivision 1. Offenses. (a) The department shall immediately revoke the license
1.23of a driver upon receiving a record of the driver's conviction of:
2.1(1) manslaughter resulting from the operation of a motor vehicle or criminal
2.2vehicular homicide or injury under section
2.3(2) a violation of section
2.4(3) a felony in the commission of which a motor vehicle was used;
2.5(4) failure to stop and disclose identity and render aid, as required under section
2.7of another;
2.8(5) perjury or the making of a false affidavit or statement to the department under
2.9any law relating to the ownership or operation of a motor vehicle;
2.10(6) except as this section otherwise provides, three charges of violating within a
2.11period of 12 months any of the provisions of chapter 169 or of the rules or municipal
2.12ordinances enacted in conformance with chapter 169, for which the accused may be
2.13punished upon conviction by imprisonment;
2.14(7) two or more violations, within five years, of the misdemeanor offense described
2.15in section
2.16(8) the gross misdemeanor offense described in section
2.17paragraph (b);
2.18(9) a violation of an offense described in section 169.13, subdivision 4, which must
2.19be revoked for one year;
2.20
2.21for revoking the driver's license; or
2.22
2.23100 miles per hour
2.24
2.26(b) The department shall immediately revoke the school bus endorsement of a driver
2.27upon receiving a record of the driver's conviction of the misdemeanor offense described in
2.28section
2.29 Sec. 3. Minnesota Statutes 2010, section 171.30, subdivision 2a, is amended to read:
2.30 Subd. 2a. Other waiting periods. Notwithstanding subdivision 2, a limited license
2.31shall not be issued for a period of:
2.32(1) 15 days, to a person whose license or privilege has been revoked or suspended
2.33for a first violation of section
2.34ordinance from another state in conformity with either of those sections;
3.1(2) 180 days, to a person whose license or privilege has been revoked for violating
3.2section 169.13, subdivision 4, for committing careless driving resulting in death, or a
3.3statute or ordinance from another state in conformity with that section, and then only upon
3.4the written recommendation of district or juvenile court; or
3.5
3.6suspended for committing manslaughter resulting from the operation of a motor vehicle,
3.7committing criminal vehicular homicide or injury under section
3.8statute or ordinance from another state in conformity with either of those offenses.
3.9 Sec. 4. EFFECTIVE DATE.
3.10Sections 1 to 3 are effective August 1, 2012, for violations committed on or after
3.11that date.
