Bill Text: MN SF2220 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Driving while impaired (DWI) crime definition modifications for drugs and substances
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-03-12 - Author added McGuire [SF2220 Detail]
Download: Minnesota-2011-SF2220-Introduced.html
1.2relating to public safety; adding the term drug and modifying the term hazardous
1.3substance for driving while impaired crimes;amending Minnesota Statutes 2010,
1.4sections 169A.03, by adding a subdivision; 169A.20, subdivisions 1, 1a, 1b, 1c;
1.5repealing Minnesota Statutes 2010, section 169A.03, subdivision 9.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 169A.03, is amended by adding a
1.8subdivision to read:
1.9 Subd. 7a. Drug. "Drug" has the meaning given in section 152.01, subdivision 2.
1.10EFFECTIVE DATE.This section is effective August 1, 2012, and applies to crimes
1.11committed on or after that date.
1.12 Sec. 2. Minnesota Statutes 2010, section 169A.20, subdivision 1, is amended to read:
1.13 Subdivision 1. Driving while impaired crime; motor vehicle. It is a crime for
1.14any person to drive, operate, or be in physical control of any motor vehicle, as defined
1.15in section169A.03, subdivision 15 , except for motorboats in operation and off-road
1.16recreational vehicles, within this state or on any boundary water of this state when:
1.17(1) the person is under the influence of alcohol;
1.18(2) the person is under the influence of a controlled substance or a drug;
1.19(3) the person is knowingly under the influence of ahazardous substance that
1.20affects the nervous system, brain, or muscles of the person so as to substantially impair
1.21the person's ability to drive or operate the motor vehicle;
1.22(4) the person is under the influence of a combination of any two or more of the
1.23elements named in clauses (1) to (3);
2.1(5) the person's alcohol concentration at the time, or as measured within two hours
2.2of the time, of driving, operating, or being in physical control of the motor vehicle is
2.30.08 or more;
2.4(6) the vehicle is a commercial motor vehicle and the person's alcohol concentration
2.5at the time, or as measured within two hours of the time, of driving, operating, or being in
2.6physical control of the commercial motor vehicle is 0.04 or more; or
2.7(7) the person's body contains any amount of a controlled substance listed in
2.8Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
2.9EFFECTIVE DATE.This section is effective August 1, 2012, and applies to crimes
2.10committed on or after that date.
2.11 Sec. 3. Minnesota Statutes 2010, section 169A.20, subdivision 1a, is amended to read:
2.12 Subd. 1a. Driving while impaired crime; motorboat in operation. It is a crime
2.13for any person to operate or be in physical control of a motorboat in operation on any
2.14waters or boundary water of this state when:
2.15(1) the person is under the influence of alcohol;
2.16(2) the person is under the influence of a controlled substance or a drug;
2.17(3) the person is knowingly under the influence of ahazardous substance that affects
2.18the nervous system, brain, or muscles of the person so as to substantially impair the
2.19person's ability to drive or operate the motorboat;
2.20(4) the person is under the influence of a combination of any two or more of the
2.21elements named in clauses (1) to (3);
2.22(5) the person's alcohol concentration at the time, or as measured within two hours
2.23of the time, of driving, operating, or being in physical control of the motorboat is 0.08 or
2.24more; or
2.25(6) the person's body contains any amount of a controlled substance listed in
2.26Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
2.27EFFECTIVE DATE.This section is effective August 1, 2012, and applies to crimes
2.28committed on or after that date.
2.29 Sec. 4. Minnesota Statutes 2010, section 169A.20, subdivision 1b, is amended to read:
2.30 Subd. 1b. Driving while impaired crime; snowmobile and all-terrain vehicle. It
2.31is a crime for any person to operate or be in physical control of a snowmobile as defined in
2.32section84.81, subdivision 3 , or all-terrain vehicle as defined in section
84.92, subdivision
2.338
, anywhere in this state or on the ice of any boundary water of this state when:
3.1(1) the person is under the influence of alcohol;
3.2(2) the person is under the influence of a controlled substance or a drug;
3.3(3) the person is knowingly under the influence of ahazardous substance that affects
3.4the nervous system, brain, or muscles of the person so as to substantially impair the
3.5person's ability to drive or operate the snowmobile or all-terrain vehicle;
3.6(4) the person is under the influence of a combination of any two or more of the
3.7elements named in clauses (1) to (3);
3.8(5) the person's alcohol concentration at the time, or as measured within two hours
3.9of the time, of driving, operating, or being in physical control of the snowmobile or
3.10all-terrain vehicle is 0.08 or more; or
3.11(6) the person's body contains any amount of a controlled substance listed in
3.12Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
3.13EFFECTIVE DATE.This section is effective August 1, 2012, and applies to crimes
3.14committed on or after that date.
3.15 Sec. 5. Minnesota Statutes 2010, section 169A.20, subdivision 1c, is amended to read:
3.16 Subd. 1c. Driving while impaired crime; off-highway motorcycle and off-road
3.17vehicle. It is a crime for any person to operate or be in physical control of any off-highway
3.18motorcycle as defined in section84.787, subdivision 7 , or any off-road vehicle as defined
3.19in section84.797, subdivision 7 , anywhere in this state or on the ice of any boundary
3.20water of this state when:
3.21(1) the person is under the influence of alcohol;
3.22(2) the person is under the influence of a controlled substance or a drug;
3.23(3) the person is knowingly under the influence of ahazardous substance that affects
3.24the nervous system, brain, or muscles of the person so as to substantially impair the
3.25person's ability to drive or operate the off-highway motorcycle or off-road vehicle;
3.26(4) the person is under the influence of a combination of any two or more of the
3.27elements named in clauses (1) to (3);
3.28(5) the person's alcohol concentration at the time, or as measured within two hours of
3.29the time, of driving, operating, or being in physical control of the off-highway motorcycle
3.30or off-road vehicle is 0.08 or more; or
3.31(6) the person's body contains any amount of a controlled substance listed in
3.32Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
3.33EFFECTIVE DATE.This section is effective August 1, 2012, and applies to crimes
3.34committed on or after that date.
4.1 Sec. 6. REPEALER.
4.2Minnesota Statutes 2010, section 169A.03, subdivision 9, is repealed.
4.3EFFECTIVE DATE.This section is effective August 1, 2012.
1.3substance for driving while impaired crimes;amending Minnesota Statutes 2010,
1.4sections 169A.03, by adding a subdivision; 169A.20, subdivisions 1, 1a, 1b, 1c;
1.5repealing Minnesota Statutes 2010, section 169A.03, subdivision 9.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 169A.03, is amended by adding a
1.8subdivision to read:
1.9 Subd. 7a. Drug. "Drug" has the meaning given in section 152.01, subdivision 2.
1.10EFFECTIVE DATE.This section is effective August 1, 2012, and applies to crimes
1.11committed on or after that date.
1.12 Sec. 2. Minnesota Statutes 2010, section 169A.20, subdivision 1, is amended to read:
1.13 Subdivision 1. Driving while impaired crime; motor vehicle. It is a crime for
1.14any person to drive, operate, or be in physical control of any motor vehicle, as defined
1.15in section
1.16recreational vehicles, within this state or on any boundary water of this state when:
1.17(1) the person is under the influence of alcohol;
1.18(2) the person is under the influence of a controlled substance or a drug;
1.19(3) the person is knowingly under the influence of a
1.20affects the nervous system, brain, or muscles of the person so as to substantially impair
1.21the person's ability to drive or operate the motor vehicle;
1.22(4) the person is under the influence of a combination of any two or more of the
1.23elements named in clauses (1) to (3);
2.1(5) the person's alcohol concentration at the time, or as measured within two hours
2.2of the time, of driving, operating, or being in physical control of the motor vehicle is
2.30.08 or more;
2.4(6) the vehicle is a commercial motor vehicle and the person's alcohol concentration
2.5at the time, or as measured within two hours of the time, of driving, operating, or being in
2.6physical control of the commercial motor vehicle is 0.04 or more; or
2.7(7) the person's body contains any amount of a controlled substance listed in
2.8Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
2.9EFFECTIVE DATE.This section is effective August 1, 2012, and applies to crimes
2.10committed on or after that date.
2.11 Sec. 3. Minnesota Statutes 2010, section 169A.20, subdivision 1a, is amended to read:
2.12 Subd. 1a. Driving while impaired crime; motorboat in operation. It is a crime
2.13for any person to operate or be in physical control of a motorboat in operation on any
2.14waters or boundary water of this state when:
2.15(1) the person is under the influence of alcohol;
2.16(2) the person is under the influence of a controlled substance or a drug;
2.17(3) the person is knowingly under the influence of a
2.18the nervous system, brain, or muscles of the person so as to substantially impair the
2.19person's ability to drive or operate the motorboat;
2.20(4) the person is under the influence of a combination of any two or more of the
2.21elements named in clauses (1) to (3);
2.22(5) the person's alcohol concentration at the time, or as measured within two hours
2.23of the time, of driving, operating, or being in physical control of the motorboat is 0.08 or
2.24more; or
2.25(6) the person's body contains any amount of a controlled substance listed in
2.26Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
2.27EFFECTIVE DATE.This section is effective August 1, 2012, and applies to crimes
2.28committed on or after that date.
2.29 Sec. 4. Minnesota Statutes 2010, section 169A.20, subdivision 1b, is amended to read:
2.30 Subd. 1b. Driving while impaired crime; snowmobile and all-terrain vehicle. It
2.31is a crime for any person to operate or be in physical control of a snowmobile as defined in
2.32section
3.1(1) the person is under the influence of alcohol;
3.2(2) the person is under the influence of a controlled substance or a drug;
3.3(3) the person is knowingly under the influence of a
3.4the nervous system, brain, or muscles of the person so as to substantially impair the
3.5person's ability to drive or operate the snowmobile or all-terrain vehicle;
3.6(4) the person is under the influence of a combination of any two or more of the
3.7elements named in clauses (1) to (3);
3.8(5) the person's alcohol concentration at the time, or as measured within two hours
3.9of the time, of driving, operating, or being in physical control of the snowmobile or
3.10all-terrain vehicle is 0.08 or more; or
3.11(6) the person's body contains any amount of a controlled substance listed in
3.12Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
3.13EFFECTIVE DATE.This section is effective August 1, 2012, and applies to crimes
3.14committed on or after that date.
3.15 Sec. 5. Minnesota Statutes 2010, section 169A.20, subdivision 1c, is amended to read:
3.16 Subd. 1c. Driving while impaired crime; off-highway motorcycle and off-road
3.17vehicle. It is a crime for any person to operate or be in physical control of any off-highway
3.18motorcycle as defined in section
3.19in section
3.20water of this state when:
3.21(1) the person is under the influence of alcohol;
3.22(2) the person is under the influence of a controlled substance or a drug;
3.23(3) the person is knowingly under the influence of a
3.24the nervous system, brain, or muscles of the person so as to substantially impair the
3.25person's ability to drive or operate the off-highway motorcycle or off-road vehicle;
3.26(4) the person is under the influence of a combination of any two or more of the
3.27elements named in clauses (1) to (3);
3.28(5) the person's alcohol concentration at the time, or as measured within two hours of
3.29the time, of driving, operating, or being in physical control of the off-highway motorcycle
3.30or off-road vehicle is 0.08 or more; or
3.31(6) the person's body contains any amount of a controlled substance listed in
3.32Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
3.33EFFECTIVE DATE.This section is effective August 1, 2012, and applies to crimes
3.34committed on or after that date.
4.1 Sec. 6. REPEALER.
4.2Minnesota Statutes 2010, section 169A.03, subdivision 9, is repealed.
4.3EFFECTIVE DATE.This section is effective August 1, 2012.
