Bill Text: MN SF985 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Ignition interlock device provisions modifications
Sponsorship: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2013-03-18 - Second reading [SF985 Detail]
Download: Minnesota-2013-SF985-Engrossed.html
1.2relating to public safety; modifying driver's license suspension and revocation
1.3provisions for certain persons who commit criminal vehicular operation offenses;
1.4expanding the ignition interlock device program to include these offenders;
1.5allowing participants in original ignition interlock device program to drive
1.6employer-owned vehicles not equipped with ignition interlock devices in certain
1.7instances;amending Minnesota Statutes 2012, sections 169A.37, subdivision 1;
1.8169A.51, subdivision 2; 169A.55, by adding a subdivision; 171.17, by adding
1.9a subdivision; 171.30, subdivisions 1, 2a, by adding a subdivision; 171.306,
1.10subdivisions 1, 4; proposing coding for new law in Minnesota Statutes, chapters
1.11171; 629; repealing Minnesota Rules, parts 7503.0300, subpart 1; 7503.0800,
1.12subpart 2.
1.13BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.14 Section 1. Minnesota Statutes 2012, section 169A.37, subdivision 1, is amended to read:
1.15 Subdivision 1. Crime described. It is a crime for a person:
1.16(1) to fail to comply with an impoundment order under section169A.60
1.17(administrative plate impoundment);
1.18(2) to file a false statement under section169A.60, subdivision 7 , 8, or 14;
1.19(3) to operate a self-propelled motor vehicle on a street or highway when the vehicle
1.20is subject to an impoundment order issued under section169A.60 , unless specially coded
1.21plates have been issued for the vehicle pursuant to section169A.60, subdivision 13 ;
1.22(4) to fail to notify the commissioner of the impoundment order when requesting
1.23new plates;
1.24(5) who is subject to a plate impoundment order under section169A.60 , to drive,
1.25operate, or be in control of any motor vehicle during the impoundment period, unless the
1.26vehicle is employer-owned and is not required to be equipped with an ignition interlock
1.27device pursuant to section 12 or 171.306, subdivision 4, paragraph (b), or has specially
2.1coded plates issued pursuant to section169A.60, subdivision 13 , and the person is validly
2.2licensed to drive; or
2.3(6) who is the transferee of a motor vehicle and who has signed a sworn statement
2.4under section169A.60, subdivision 14 , to allow the previously registered owner to drive,
2.5operate, or be in control of the vehicle during the impoundment period.
2.6EFFECTIVE DATE.This section is effective the day following final enactment.
2.7 Sec. 2. Minnesota Statutes 2012, section 169A.51, subdivision 2, is amended to read:
2.8 Subd. 2. Implied consent advisory. (a) Subject to paragraph (b), at the time a test is
2.9requested, the person must be informed:
2.10(1) that Minnesota law requires the person to take a test:
2.11(i) to determine if the person is under the influence of alcohol, controlled substances,
2.12or hazardous substances;
2.13(ii) to determine the presence of a controlled substance listed in Schedule I or II or
2.14metabolite, other than marijuana or tetrahydrocannabinols; and
2.15(iii) if the motor vehicle was a commercial motor vehicle, to determine the presence
2.16of alcohol;
2.17(2) that refusal to take a test is a crime;
2.18(3) if the peace officer has probable cause to believe the person has violated the
2.19criminal vehicular homicide and injury laws, that a test will be taken with or without
2.20the person's consent; and
2.21(4) that the person has the right to consult with an attorney, but that this right is
2.22limited to the extent that it cannot unreasonably delay administration of the test.
2.23(b) A peace officer who is not pursuing an implied consent revocation is not required
2.24to give the advisory described in paragraph (a) to a person whom the officer has probable
2.25cause to believe has violated section 609.21, subdivision 1, clause (2), (3), (4), (5), or (6)
2.26(criminal vehicular operation DWI-related provisions).
2.27EFFECTIVE DATE.This section is effective July 1, 2014, and applies to crimes
2.28committed on or after that date.
2.29 Sec. 3. Minnesota Statutes 2012, section 169A.55, is amended by adding a subdivision
2.30to read:
2.31 Subd. 5. Reinstatement of driving privileges; criminal vehicular operation. A
2.32person whose driver's license has been revoked under section 171.17, subdivision 1,
2.33paragraph (a), clause (1) (revocation, criminal vehicular operation), or suspended under
3.1section 171.187 (suspension, criminal vehicular operation), for a violation of section
3.2609.21, subdivision 1, clause (2), (3), (4), (5), or (6) (criminal vehicular operation
3.3DWI-related provisions), shall not be eligible for reinstatement of driving privileges until
3.4the person has submitted to the commissioner verification of the use of ignition interlock
3.5for the applicable time period specified in those sections. To be eligible for reinstatement
3.6under this subdivision, a person shall utilize an ignition interlock device that meets the
3.7performance standards and certification requirements under subdivision 4, paragraph (c).
3.8EFFECTIVE DATE.This section is effective July 1, 2014, and applies to crimes
3.9committed on or after that date.
3.10 Sec. 4. Minnesota Statutes 2012, section 171.17, is amended by adding a subdivision
3.11to read:
3.12 Subd. 4. Criminal vehicular operation; revocation periods. (a) As used in this
3.13subdivision, "qualified prior impaired driving incident" has the meaning given in section
3.14169A.03, subdivision 22.
3.15(b) Upon receiving a record of a conviction for a violation of section 609.21,
3.16subdivision 1, clause (2), (3), (4), (5), or (6), the commissioner shall revoke the driver's
3.17license or driving privileges of a person as follows:
3.18(1) not less than ten years if the violation resulted in great bodily harm or death to
3.19another and the person has two or more qualified prior impaired driving incidents within
3.20the past ten years or three or more qualified prior impaired driving incidents, and with
3.21denial under section 171.04, subdivision 1, clause (10), until rehabilitation is established
3.22according to standards established by the commissioner;
3.23(2) not less than eight years if the violation resulted in great bodily harm or death
3.24to another and the person has a qualified prior impaired driving incident within the past
3.25ten years;
3.26(3) not less than six years if the violation resulted in great bodily harm or death
3.27to another;
3.28(4) not less than six years if the violation resulted in bodily harm or substantial bodily
3.29harm to another and the person has two or more qualified prior impaired driving incidents
3.30within the past ten years or three or more qualified prior impaired driving incidents,
3.31and with denial under section 171.04, subdivision 1, clause (10), until rehabilitation is
3.32established according to standards established by the commissioner;
3.33(5) not less than four years if the violation resulted in bodily harm or substantial
3.34bodily harm to another and the person has a qualified prior impaired driving incident
3.35within the past ten years; or
4.1(6) not less than two years if the violation resulted in bodily harm or substantial
4.2bodily harm to another.
4.3(c) Section 169A.09 applies when determining the number of qualified prior
4.4impaired driving incidents under this subdivision.
4.5EFFECTIVE DATE.This section is effective July 1, 2014, and applies to crimes
4.6committed on or after that date.
4.7 Sec. 5. [171.187] SUSPENSION; CRIMINAL VEHICULAR OPERATION AND
4.8MANSLAUGHTER.
4.9 Subdivision 1. Suspension required. The commissioner shall suspend the driver's
4.10license of a person:
4.11(1) for whom a peace officer has made the certification described in section 629.344
4.12that probable cause exists to believe that the person violated section 609.21, subdivision 1,
4.13clause (2), (3), (4), (5), or (6); or
4.14(2) who has been formally charged with a violation of section 609.20, 609.205, or
4.15609.21, resulting from the operation of a motor vehicle.
4.16 Subd. 2. Suspension period. A suspension under this section continues until:
4.17(1) the conviction, acquittal, or dismissal of the underlying crime that resulted in
4.18the suspension; or
4.19(2) the commissioner, acting under subdivision 4, orders the termination of the
4.20suspension.
4.21 Subd. 3. Credit. If a person whose driver's license was suspended under subdivision
4.221 is later convicted of the underlying offense that resulted in the suspension and the
4.23commissioner revokes the person's license, the commissioner shall credit the time accrued
4.24under the suspension period toward the revocation period imposed under section 171.17,
4.25subdivision 4, or for violations of section 609.20, 609.205, or 609.21, subdivision 1,
4.26clause (1), (7), or (8).
4.27 Subd. 4. Administrative review of license suspension. (a) At any time during
4.28which a person's driver's license is suspended under this section, the person may request in
4.29writing a review of the suspension by the commissioner. Upon receiving a request, the
4.30commissioner or the commissioner's designee shall review the order of suspension, the
4.31evidence upon which the order was based, and any other material information brought
4.32to the attention of the commissioner, and determine whether sufficient cause exists to
4.33sustain the order. Within 15 days of receiving the request, the commissioner shall report in
4.34writing the results of the review. The review provided in this subdivision is not subject to
4.35the contested case provisions in chapter 14.
5.1(b) In addition to any other reason provided for in this subdivision, a person may
5.2request a review of the suspension by the commissioner if the suspension has been in place
5.3for at least three months and the person has not been indicted or formally charged with the
5.4underlying crime that resulted in the license suspension.
5.5EFFECTIVE DATE.This section is effective July 1, 2014, and applies to crimes
5.6committed on or after that date.
5.7 Sec. 6. Minnesota Statutes 2012, section 171.30, subdivision 1, is amended to read:
5.8 Subdivision 1. Conditions of issuance. (a) The commissioner may issue a limited
5.9license to the driver under the conditions in paragraph (b) in any case where a person's
5.10license has been:
5.11(1) suspended under section171.18 ,
171.173 , or
171.186 , or 171.187;
5.12(2) revoked, canceled, or denied under section:
5.13(i)169.792 ;
5.14(ii)169.797 ;
5.15(iii)169A.52 :
5.16(A) subdivision 3, paragraph (a), clause (1) or (2);
5.17(B) subdivision 3, paragraph (a), clause (4), (5), or (6), if in compliance with section
5.18171.306
;
5.19(C) subdivision 4, paragraph (a), clause (1) or (2), if the test results indicate an
5.20alcohol concentration of less than twice the legal limit;
5.21(D) subdivision 4, paragraph (a), clause (4), (5), or (6), if in compliance with section
5.22171.306
;
5.23(iv)171.17 ; or
5.24(v)171.172 ; or
5.25(3) revoked, canceled, or denied under section 169A.54:
5.26(i) subdivision 1, clause (1), if the test results indicate an alcohol concentration
5.27of less than twice the legal limit;
5.28(ii) subdivision 1, clause (2);
5.29(iii) subdivision 1, clause (5), (6), or (7), if in compliance with section171.306 ; or
5.30(iv) subdivision 2, if the person does not have a qualified prior impaired driving
5.31incident as defined in section169A.03, subdivision 22 , on the person's record, and the test
5.32results indicate an alcohol concentration of less than twice the legal limit.
5.33(b) The following conditions for a limited license under paragraph (a) include:
5.34(1) if the driver's livelihood or attendance at a chemical dependency treatment or
5.35counseling program depends upon the use of the driver's license;
6.1(2) if the use of a driver's license by a homemaker is necessary to prevent the
6.2substantial disruption of the education, medical, or nutritional needs of the family of
6.3the homemaker; or
6.4(3) if attendance at a postsecondary institution of education by an enrolled student of
6.5that institution depends upon the use of the driver's license.
6.6(c) The commissioner in issuing a limited license may impose such conditions and
6.7limitations as in the commissioner's judgment are necessary to the interests of the public
6.8safety and welfare including reexamination as to the driver's qualifications. The license
6.9may be limited to the operation of particular vehicles, to particular classes and times of
6.10operation, and to particular conditions of traffic. The commissioner may require that an
6.11applicant for a limited license affirmatively demonstrate that use of public transportation
6.12or carpooling as an alternative to a limited license would be a significant hardship.
6.13(d) For purposes of this subdivision:
6.14(1) "homemaker" refers to the person primarily performing the domestic tasks in a
6.15household of residents consisting of at least the person and the person's dependent child
6.16or other dependents; and
6.17(2) "twice the legal limit" means an alcohol concentration of two times the limit
6.18specified in section169A.20, subdivision 1 , clause (5).
6.19(e) The limited license issued by the commissioner shall clearly indicate the
6.20limitations imposed and the driver operating under the limited license shall have the
6.21license in possession at all times when operating as a driver.
6.22(f) In determining whether to issue a limited license, the commissioner shall consider
6.23the number and the seriousness of prior convictions and the entire driving record of the
6.24driver and shall consider the number of miles driven by the driver annually.
6.25(g) If the person's driver's license or permit to drive has been revoked under
6.26section169.792 or
169.797 , the commissioner may only issue a limited license to the
6.27person after the person has presented an insurance identification card, policy, or written
6.28statement indicating that the driver or owner has insurance coverage satisfactory to
6.29the commissioner of public safety. The commissioner of public safety may require
6.30the insurance identification card provided to satisfy this subdivision be certified by the
6.31insurance company to be noncancelable for a period not to exceed 12 months.
6.32(h) The limited license issued by the commissioner to a person under section
6.33171.186, subdivision 4
, must expire 90 days after the date it is issued. The commissioner
6.34must not issue a limited license to a person who previously has been issued a limited
6.35license under section171.186, subdivision 4 .
7.1(i) The commissioner shall not issue a limited driver's license to any person
7.2described in section171.04, subdivision 1 , clause (6), (7), (8), (11), or (14).
7.3(j) The commissioner shall not issue a class A, class B, or class C limited license.
7.4EFFECTIVE DATE.This section is effective July 1, 2014, and applies to crimes
7.5committed on or after that date.
7.6 Sec. 7. Minnesota Statutes 2012, section 171.30, subdivision 2a, is amended to read:
7.7 Subd. 2a. Other waiting periods. Notwithstanding subdivision 2, a limited license
7.8shall not be issued for a period of:
7.9(1) 15 days, to a person whose license or privilege has been revoked or suspended
7.10for a first violation of section169A.20 , sections
169A.50 to
169A.53 , or a statute or
7.11ordinance from another state in conformity with either of those sections; or
7.12(2) one year, to a person whose license or privilege has been revoked or suspended
7.13for committing manslaughter resulting from the operation of a motor vehicle, committing
7.14criminal vehicular homicide or injury under section609.21 , subdivision 1, clause (1), (7),
7.15or (8), or violating a statute or ordinance from another state in conformity with either of
7.16those offenses.
7.17EFFECTIVE DATE.This section is effective July 1, 2014, and applies to crimes
7.18committed on or after that date.
7.19 Sec. 8. Minnesota Statutes 2012, section 171.30, is amended by adding a subdivision
7.20to read:
7.21 Subd. 5. Exception; criminal vehicular operation. Notwithstanding subdivision
7.221, the commissioner may not issue a limited license to a person whose driver's license
7.23has been suspended or revoked due to a violation of section 609.21, subdivision 1, clause
7.24(2), (3), (4), (5), or (6).
7.25EFFECTIVE DATE.This section is effective July 1, 2014, and applies to crimes
7.26committed on or after that date.
7.27 Sec. 9. Minnesota Statutes 2012, section 171.306, subdivision 1, is amended to read:
7.28 Subdivision 1. Definitions. (a) As used in this section, the terms in this subdivision
7.29have the meanings given them.
7.30(b) "Ignition interlock device" or "device" means equipment that is designed to
7.31measure breath alcohol concentration and to prevent a motor vehicle's ignition from being
8.1started by a person whose breath alcohol concentration measures 0.02 or higher on the
8.2equipment.
8.3(c) "Program participant" means a person who has qualified to take part in the
8.4ignition interlock program under this section, and whose driver's license has been:
8.5(1) revoked, canceled, or denied under section169A.52 ,
169A.54 , or
171.04,
8.6subdivision 1 , clause (10), and who has qualified to take part in the ignition interlock
8.7program under this section; or
8.8(2) revoked under section 171.17, subdivision 1, paragraph (a), clause (1), or
8.9suspended under section 171.187, for a violation of section 609.21, subdivision 1, clause
8.10(2), (3), (4), (5), or (6).
8.11(d) "Qualified prior impaired driving incident" has the meaning given in section
8.12169A.03, subdivision 22
.
8.13EFFECTIVE DATE.This section is effective July 1, 2014, and applies to crimes
8.14committed on or after that date.
8.15 Sec. 10. Minnesota Statutes 2012, section 171.306, subdivision 4, is amended to read:
8.16 Subd. 4. Issuance of restricted license. (a) The commissioner shall issue a class
8.17D driver's license, subject to the applicable limitations and restrictions of this section,
8.18to a program participant who meets the requirements of this section and the program
8.19guidelines. The commissioner shall not issue a license unless the program participant has
8.20provided satisfactory proof that:
8.21(1) a certified ignition interlock device has been installed on the participant's motor
8.22vehicle at an installation service center designated by the device's manufacturer; and
8.23(2) the participant has insurance coverage on the vehicle equipped with the ignition
8.24interlock device. The commissioner shall require the participant to present an insurance
8.25identification card, policy, or written statement as proof of insurance coverage, and may
8.26require the insurance identification card provided be certified by the insurance company to
8.27be noncancelable for a period not to exceed 12 months.
8.28(b) A license issued under authority of this section must contain a restriction
8.29prohibiting the program participant from driving, operating, or being in physical control of
8.30any motor vehicle not equipped with a functioning ignition interlock device certified by
8.31the commissioner. A participant may drive an employer-owned vehicle not equipped with
8.32an interlock device while in the normal course and scope of employment duties pursuant
8.33to the program guidelines established by the commissioner and with the employer's
8.34written consent.
9.1(c) A program participant whose driver's license has been: (1) revoked under section
9.2169A.52, subdivision 3
, paragraph (a), clause (1), (2), or (3), or subdivision 4, paragraph
9.3(a), clause (1), (2), or (3), or section169A.54, subdivision 1 , clause (1), (2), (3), or (4),; or
9.4(2) revoked under section 171.17, subdivision 1, paragraph (a), clause (1), or suspended
9.5under section 171.187, for a violation of section 609.21, subdivision 1, clause (2), (3),
9.6(4), (5), or (6); may apply for conditional reinstatement of the driver's license, subject to
9.7the ignition interlock restriction.
9.8(d) A program participant whose driver's license has been revoked, canceled, or
9.9denied under section169A.52, subdivision 3 , paragraph (a), clause (4), (5), or (6), or
9.10subdivision 4, paragraph (a), clause (4), (5), or (6), or section169A.54, subdivision 1 ,
9.11clause (5), (6), or (7), may apply for a limited license, subject to the ignition interlock
9.12restriction, if the program participant is enrolled in a licensed chemical dependency
9.13treatment or rehabilitation program as recommended in a chemical use assessment, and if
9.14the participant meets the other applicable requirements of section171.30 . After completing
9.15a licensed chemical dependency treatment or rehabilitation program and one year of limited
9.16license use without violating the ignition interlock restriction, the conditions of limited
9.17license use, or program guidelines, the participant may apply for conditional reinstatement
9.18of the driver's license, subject to the ignition interlock restriction. If the program
9.19participant's ignition interlock device subsequently registers a positive breath alcohol
9.20concentration of 0.02 or higher, the commissioner shall cancel the driver's license, and the
9.21program participant may apply for another limited license according to this paragraph.
9.22(e) Notwithstanding any statute or rule to the contrary, the commissioner has
9.23authority to determine when a program participant is eligible for restoration of full driving
9.24privileges, except that the commissioner shall not reinstate full driving privileges until the
9.25program participant has met all applicable prerequisites for reinstatement under section
9.26169A.55
and until the program participant's device has registered no positive breath
9.27alcohol concentrations of 0.02 or higher during the preceding 90 days.
9.28EFFECTIVE DATE.This section is effective July 1, 2014, and applies to crimes
9.29committed on or after that date.
9.30 Sec. 11. [629.344] CRIMINAL VEHICULAR OPERATION AND
9.31MANSLAUGHTER; CERTIFICATION OF PROBABLE CAUSE BY PEACE
9.32OFFICER.
9.33If a peace officer determines that probable cause exists to believe that a person has
9.34violated section 609.21, subdivision 1, clause (2), (3), (4), (5), or (6), the officer shall
9.35certify this determination and notify the commissioner of public safety.
10.1EFFECTIVE DATE.This section is effective July 1, 2014, and applies to crimes
10.2committed on or after that date.
10.3 Sec. 12. ORIGINAL IGNITION INTERLOCK DEVICE PROGRAM; USE
10.4OF EMPLOYER-OWNED VEHICLES.
10.5A person participating in the ignition interlock device program under Minnesota
10.6Statutes 2009, section 171.305, may drive an employer-owned vehicle not equipped with
10.7an interlock device while in the normal course and scope of employment duties pursuant to
10.8the program guidelines established by the commissioner referenced in Minnesota Statutes,
10.9section 171.306, subdivision 4, paragraph (b), and with the employer's written consent.
10.10EFFECTIVE DATE.This section is effective the day following final enactment.
10.11 Sec. 13. REPEALER.
10.12Minnesota Rules, parts 7503.0300, subpart 1; and 7503.0800, subpart 2, are repealed.
10.13EFFECTIVE DATE.This section is effective July 1, 2014.
1.3provisions for certain persons who commit criminal vehicular operation offenses;
1.4expanding the ignition interlock device program to include these offenders;
1.5allowing participants in original ignition interlock device program to drive
1.6employer-owned vehicles not equipped with ignition interlock devices in certain
1.7instances;amending Minnesota Statutes 2012, sections 169A.37, subdivision 1;
1.8169A.51, subdivision 2; 169A.55, by adding a subdivision; 171.17, by adding
1.9a subdivision; 171.30, subdivisions 1, 2a, by adding a subdivision; 171.306,
1.10subdivisions 1, 4; proposing coding for new law in Minnesota Statutes, chapters
1.11171; 629; repealing Minnesota Rules, parts 7503.0300, subpart 1; 7503.0800,
1.12subpart 2.
1.13BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.14 Section 1. Minnesota Statutes 2012, section 169A.37, subdivision 1, is amended to read:
1.15 Subdivision 1. Crime described. It is a crime for a person:
1.16(1) to fail to comply with an impoundment order under section
1.17(administrative plate impoundment);
1.18(2) to file a false statement under section
1.19(3) to operate a self-propelled motor vehicle on a street or highway when the vehicle
1.20is subject to an impoundment order issued under section
1.21plates have been issued for the vehicle pursuant to section
1.22(4) to fail to notify the commissioner of the impoundment order when requesting
1.23new plates;
1.24(5) who is subject to a plate impoundment order under section
1.25operate, or be in control of any motor vehicle during the impoundment period, unless the
1.26vehicle is employer-owned and is not required to be equipped with an ignition interlock
1.27device pursuant to section 12 or 171.306, subdivision 4, paragraph (b), or has specially
2.1coded plates issued pursuant to section
2.2licensed to drive; or
2.3(6) who is the transferee of a motor vehicle and who has signed a sworn statement
2.4under section
2.5operate, or be in control of the vehicle during the impoundment period.
2.6EFFECTIVE DATE.This section is effective the day following final enactment.
2.7 Sec. 2. Minnesota Statutes 2012, section 169A.51, subdivision 2, is amended to read:
2.8 Subd. 2. Implied consent advisory. (a) Subject to paragraph (b), at the time a test is
2.9requested, the person must be informed:
2.10(1) that Minnesota law requires the person to take a test:
2.11(i) to determine if the person is under the influence of alcohol, controlled substances,
2.12or hazardous substances;
2.13(ii) to determine the presence of a controlled substance listed in Schedule I or II or
2.14metabolite, other than marijuana or tetrahydrocannabinols; and
2.15(iii) if the motor vehicle was a commercial motor vehicle, to determine the presence
2.16of alcohol;
2.17(2) that refusal to take a test is a crime;
2.18(3) if the peace officer has probable cause to believe the person has violated the
2.19criminal vehicular homicide and injury laws, that a test will be taken with or without
2.20the person's consent; and
2.21(4) that the person has the right to consult with an attorney, but that this right is
2.22limited to the extent that it cannot unreasonably delay administration of the test.
2.23(b) A peace officer who is not pursuing an implied consent revocation is not required
2.24to give the advisory described in paragraph (a) to a person whom the officer has probable
2.25cause to believe has violated section 609.21, subdivision 1, clause (2), (3), (4), (5), or (6)
2.26(criminal vehicular operation DWI-related provisions).
2.27EFFECTIVE DATE.This section is effective July 1, 2014, and applies to crimes
2.28committed on or after that date.
2.29 Sec. 3. Minnesota Statutes 2012, section 169A.55, is amended by adding a subdivision
2.30to read:
2.31 Subd. 5. Reinstatement of driving privileges; criminal vehicular operation. A
2.32person whose driver's license has been revoked under section 171.17, subdivision 1,
2.33paragraph (a), clause (1) (revocation, criminal vehicular operation), or suspended under
3.1section 171.187 (suspension, criminal vehicular operation), for a violation of section
3.2609.21, subdivision 1, clause (2), (3), (4), (5), or (6) (criminal vehicular operation
3.3DWI-related provisions), shall not be eligible for reinstatement of driving privileges until
3.4the person has submitted to the commissioner verification of the use of ignition interlock
3.5for the applicable time period specified in those sections. To be eligible for reinstatement
3.6under this subdivision, a person shall utilize an ignition interlock device that meets the
3.7performance standards and certification requirements under subdivision 4, paragraph (c).
3.8EFFECTIVE DATE.This section is effective July 1, 2014, and applies to crimes
3.9committed on or after that date.
3.10 Sec. 4. Minnesota Statutes 2012, section 171.17, is amended by adding a subdivision
3.11to read:
3.12 Subd. 4. Criminal vehicular operation; revocation periods. (a) As used in this
3.13subdivision, "qualified prior impaired driving incident" has the meaning given in section
3.14169A.03, subdivision 22.
3.15(b) Upon receiving a record of a conviction for a violation of section 609.21,
3.16subdivision 1, clause (2), (3), (4), (5), or (6), the commissioner shall revoke the driver's
3.17license or driving privileges of a person as follows:
3.18(1) not less than ten years if the violation resulted in great bodily harm or death to
3.19another and the person has two or more qualified prior impaired driving incidents within
3.20the past ten years or three or more qualified prior impaired driving incidents, and with
3.21denial under section 171.04, subdivision 1, clause (10), until rehabilitation is established
3.22according to standards established by the commissioner;
3.23(2) not less than eight years if the violation resulted in great bodily harm or death
3.24to another and the person has a qualified prior impaired driving incident within the past
3.25ten years;
3.26(3) not less than six years if the violation resulted in great bodily harm or death
3.27to another;
3.28(4) not less than six years if the violation resulted in bodily harm or substantial bodily
3.29harm to another and the person has two or more qualified prior impaired driving incidents
3.30within the past ten years or three or more qualified prior impaired driving incidents,
3.31and with denial under section 171.04, subdivision 1, clause (10), until rehabilitation is
3.32established according to standards established by the commissioner;
3.33(5) not less than four years if the violation resulted in bodily harm or substantial
3.34bodily harm to another and the person has a qualified prior impaired driving incident
3.35within the past ten years; or
4.1(6) not less than two years if the violation resulted in bodily harm or substantial
4.2bodily harm to another.
4.3(c) Section 169A.09 applies when determining the number of qualified prior
4.4impaired driving incidents under this subdivision.
4.5EFFECTIVE DATE.This section is effective July 1, 2014, and applies to crimes
4.6committed on or after that date.
4.7 Sec. 5. [171.187] SUSPENSION; CRIMINAL VEHICULAR OPERATION AND
4.8MANSLAUGHTER.
4.9 Subdivision 1. Suspension required. The commissioner shall suspend the driver's
4.10license of a person:
4.11(1) for whom a peace officer has made the certification described in section 629.344
4.12that probable cause exists to believe that the person violated section 609.21, subdivision 1,
4.13clause (2), (3), (4), (5), or (6); or
4.14(2) who has been formally charged with a violation of section 609.20, 609.205, or
4.15609.21, resulting from the operation of a motor vehicle.
4.16 Subd. 2. Suspension period. A suspension under this section continues until:
4.17(1) the conviction, acquittal, or dismissal of the underlying crime that resulted in
4.18the suspension; or
4.19(2) the commissioner, acting under subdivision 4, orders the termination of the
4.20suspension.
4.21 Subd. 3. Credit. If a person whose driver's license was suspended under subdivision
4.221 is later convicted of the underlying offense that resulted in the suspension and the
4.23commissioner revokes the person's license, the commissioner shall credit the time accrued
4.24under the suspension period toward the revocation period imposed under section 171.17,
4.25subdivision 4, or for violations of section 609.20, 609.205, or 609.21, subdivision 1,
4.26clause (1), (7), or (8).
4.27 Subd. 4. Administrative review of license suspension. (a) At any time during
4.28which a person's driver's license is suspended under this section, the person may request in
4.29writing a review of the suspension by the commissioner. Upon receiving a request, the
4.30commissioner or the commissioner's designee shall review the order of suspension, the
4.31evidence upon which the order was based, and any other material information brought
4.32to the attention of the commissioner, and determine whether sufficient cause exists to
4.33sustain the order. Within 15 days of receiving the request, the commissioner shall report in
4.34writing the results of the review. The review provided in this subdivision is not subject to
4.35the contested case provisions in chapter 14.
5.1(b) In addition to any other reason provided for in this subdivision, a person may
5.2request a review of the suspension by the commissioner if the suspension has been in place
5.3for at least three months and the person has not been indicted or formally charged with the
5.4underlying crime that resulted in the license suspension.
5.5EFFECTIVE DATE.This section is effective July 1, 2014, and applies to crimes
5.6committed on or after that date.
5.7 Sec. 6. Minnesota Statutes 2012, section 171.30, subdivision 1, is amended to read:
5.8 Subdivision 1. Conditions of issuance. (a) The commissioner may issue a limited
5.9license to the driver under the conditions in paragraph (b) in any case where a person's
5.10license has been:
5.11(1) suspended under section
5.12(2) revoked, canceled, or denied under section:
5.13(i)
5.14(ii)
5.15(iii)
5.16(A) subdivision 3, paragraph (a), clause (1) or (2);
5.17(B) subdivision 3, paragraph (a), clause (4), (5), or (6), if in compliance with section
5.19(C) subdivision 4, paragraph (a), clause (1) or (2), if the test results indicate an
5.20alcohol concentration of less than twice the legal limit;
5.21(D) subdivision 4, paragraph (a), clause (4), (5), or (6), if in compliance with section
5.23(iv)
5.24(v)
5.25(3) revoked, canceled, or denied under section 169A.54:
5.26(i) subdivision 1, clause (1), if the test results indicate an alcohol concentration
5.27of less than twice the legal limit;
5.28(ii) subdivision 1, clause (2);
5.29(iii) subdivision 1, clause (5), (6), or (7), if in compliance with section
5.30(iv) subdivision 2, if the person does not have a qualified prior impaired driving
5.31incident as defined in section
5.32results indicate an alcohol concentration of less than twice the legal limit.
5.33(b) The following conditions for a limited license under paragraph (a) include:
5.34(1) if the driver's livelihood or attendance at a chemical dependency treatment or
5.35counseling program depends upon the use of the driver's license;
6.1(2) if the use of a driver's license by a homemaker is necessary to prevent the
6.2substantial disruption of the education, medical, or nutritional needs of the family of
6.3the homemaker; or
6.4(3) if attendance at a postsecondary institution of education by an enrolled student of
6.5that institution depends upon the use of the driver's license.
6.6(c) The commissioner in issuing a limited license may impose such conditions and
6.7limitations as in the commissioner's judgment are necessary to the interests of the public
6.8safety and welfare including reexamination as to the driver's qualifications. The license
6.9may be limited to the operation of particular vehicles, to particular classes and times of
6.10operation, and to particular conditions of traffic. The commissioner may require that an
6.11applicant for a limited license affirmatively demonstrate that use of public transportation
6.12or carpooling as an alternative to a limited license would be a significant hardship.
6.13(d) For purposes of this subdivision:
6.14(1) "homemaker" refers to the person primarily performing the domestic tasks in a
6.15household of residents consisting of at least the person and the person's dependent child
6.16or other dependents; and
6.17(2) "twice the legal limit" means an alcohol concentration of two times the limit
6.18specified in section
6.19(e) The limited license issued by the commissioner shall clearly indicate the
6.20limitations imposed and the driver operating under the limited license shall have the
6.21license in possession at all times when operating as a driver.
6.22(f) In determining whether to issue a limited license, the commissioner shall consider
6.23the number and the seriousness of prior convictions and the entire driving record of the
6.24driver and shall consider the number of miles driven by the driver annually.
6.25(g) If the person's driver's license or permit to drive has been revoked under
6.26section
6.27person after the person has presented an insurance identification card, policy, or written
6.28statement indicating that the driver or owner has insurance coverage satisfactory to
6.29the commissioner of public safety. The commissioner of public safety may require
6.30the insurance identification card provided to satisfy this subdivision be certified by the
6.31insurance company to be noncancelable for a period not to exceed 12 months.
6.32(h) The limited license issued by the commissioner to a person under section
6.34must not issue a limited license to a person who previously has been issued a limited
6.35license under section
7.1(i) The commissioner shall not issue a limited driver's license to any person
7.2described in section
7.3(j) The commissioner shall not issue a class A, class B, or class C limited license.
7.4EFFECTIVE DATE.This section is effective July 1, 2014, and applies to crimes
7.5committed on or after that date.
7.6 Sec. 7. Minnesota Statutes 2012, section 171.30, subdivision 2a, is amended to read:
7.7 Subd. 2a. Other waiting periods. Notwithstanding subdivision 2, a limited license
7.8shall not be issued for a period of:
7.9(1) 15 days, to a person whose license or privilege has been revoked or suspended
7.10for a first violation of section
7.11ordinance from another state in conformity with either of those sections; or
7.12(2) one year, to a person whose license or privilege has been revoked or suspended
7.13for committing manslaughter resulting from the operation of a motor vehicle, committing
7.14criminal vehicular homicide or injury under section
7.15or (8), or violating a statute or ordinance from another state in conformity with either of
7.16those offenses.
7.17EFFECTIVE DATE.This section is effective July 1, 2014, and applies to crimes
7.18committed on or after that date.
7.19 Sec. 8. Minnesota Statutes 2012, section 171.30, is amended by adding a subdivision
7.20to read:
7.21 Subd. 5. Exception; criminal vehicular operation. Notwithstanding subdivision
7.221, the commissioner may not issue a limited license to a person whose driver's license
7.23has been suspended or revoked due to a violation of section 609.21, subdivision 1, clause
7.24(2), (3), (4), (5), or (6).
7.25EFFECTIVE DATE.This section is effective July 1, 2014, and applies to crimes
7.26committed on or after that date.
7.27 Sec. 9. Minnesota Statutes 2012, section 171.306, subdivision 1, is amended to read:
7.28 Subdivision 1. Definitions. (a) As used in this section, the terms in this subdivision
7.29have the meanings given them.
7.30(b) "Ignition interlock device" or "device" means equipment that is designed to
7.31measure breath alcohol concentration and to prevent a motor vehicle's ignition from being
8.1started by a person whose breath alcohol concentration measures 0.02 or higher on the
8.2equipment.
8.3(c) "Program participant" means a person who has qualified to take part in the
8.4ignition interlock program under this section, and whose driver's license has been:
8.5(1) revoked, canceled, or denied under section
8.6subdivision 1
8.7
8.8(2) revoked under section 171.17, subdivision 1, paragraph (a), clause (1), or
8.9suspended under section 171.187, for a violation of section 609.21, subdivision 1, clause
8.10(2), (3), (4), (5), or (6).
8.11(d) "Qualified prior impaired driving incident" has the meaning given in section
8.13EFFECTIVE DATE.This section is effective July 1, 2014, and applies to crimes
8.14committed on or after that date.
8.15 Sec. 10. Minnesota Statutes 2012, section 171.306, subdivision 4, is amended to read:
8.16 Subd. 4. Issuance of restricted license. (a) The commissioner shall issue a class
8.17D driver's license, subject to the applicable limitations and restrictions of this section,
8.18to a program participant who meets the requirements of this section and the program
8.19guidelines. The commissioner shall not issue a license unless the program participant has
8.20provided satisfactory proof that:
8.21(1) a certified ignition interlock device has been installed on the participant's motor
8.22vehicle at an installation service center designated by the device's manufacturer; and
8.23(2) the participant has insurance coverage on the vehicle equipped with the ignition
8.24interlock device. The commissioner shall require the participant to present an insurance
8.25identification card, policy, or written statement as proof of insurance coverage, and may
8.26require the insurance identification card provided be certified by the insurance company to
8.27be noncancelable for a period not to exceed 12 months.
8.28(b) A license issued under authority of this section must contain a restriction
8.29prohibiting the program participant from driving, operating, or being in physical control of
8.30any motor vehicle not equipped with a functioning ignition interlock device certified by
8.31the commissioner. A participant may drive an employer-owned vehicle not equipped with
8.32an interlock device while in the normal course and scope of employment duties pursuant
8.33to the program guidelines established by the commissioner and with the employer's
8.34written consent.
9.1(c) A program participant whose driver's license has been: (1) revoked under section
9.3(a), clause (1), (2), or (3), or section
9.4(2) revoked under section 171.17, subdivision 1, paragraph (a), clause (1), or suspended
9.5under section 171.187, for a violation of section 609.21, subdivision 1, clause (2), (3),
9.6(4), (5), or (6); may apply for conditional reinstatement of the driver's license, subject to
9.7the ignition interlock restriction.
9.8(d) A program participant whose driver's license has been revoked, canceled, or
9.9denied under section
9.10subdivision 4, paragraph (a), clause (4), (5), or (6), or section
9.11clause (5), (6), or (7), may apply for a limited license, subject to the ignition interlock
9.12restriction, if the program participant is enrolled in a licensed chemical dependency
9.13treatment or rehabilitation program as recommended in a chemical use assessment, and if
9.14the participant meets the other applicable requirements of section
9.15a licensed chemical dependency treatment or rehabilitation program and one year of limited
9.16license use without violating the ignition interlock restriction, the conditions of limited
9.17license use, or program guidelines, the participant may apply for conditional reinstatement
9.18of the driver's license, subject to the ignition interlock restriction. If the program
9.19participant's ignition interlock device subsequently registers a positive breath alcohol
9.20concentration of 0.02 or higher, the commissioner shall cancel the driver's license, and the
9.21program participant may apply for another limited license according to this paragraph.
9.22(e) Notwithstanding any statute or rule to the contrary, the commissioner has
9.23authority to determine when a program participant is eligible for restoration of full driving
9.24privileges, except that the commissioner shall not reinstate full driving privileges until the
9.25program participant has met all applicable prerequisites for reinstatement under section
9.27alcohol concentrations of 0.02 or higher during the preceding 90 days.
9.28EFFECTIVE DATE.This section is effective July 1, 2014, and applies to crimes
9.29committed on or after that date.
9.30 Sec. 11. [629.344] CRIMINAL VEHICULAR OPERATION AND
9.31MANSLAUGHTER; CERTIFICATION OF PROBABLE CAUSE BY PEACE
9.32OFFICER.
9.33If a peace officer determines that probable cause exists to believe that a person has
9.34violated section 609.21, subdivision 1, clause (2), (3), (4), (5), or (6), the officer shall
9.35certify this determination and notify the commissioner of public safety.
10.1EFFECTIVE DATE.This section is effective July 1, 2014, and applies to crimes
10.2committed on or after that date.
10.3 Sec. 12. ORIGINAL IGNITION INTERLOCK DEVICE PROGRAM; USE
10.4OF EMPLOYER-OWNED VEHICLES.
10.5A person participating in the ignition interlock device program under Minnesota
10.6Statutes 2009, section 171.305, may drive an employer-owned vehicle not equipped with
10.7an interlock device while in the normal course and scope of employment duties pursuant to
10.8the program guidelines established by the commissioner referenced in Minnesota Statutes,
10.9section 171.306, subdivision 4, paragraph (b), and with the employer's written consent.
10.10EFFECTIVE DATE.This section is effective the day following final enactment.
10.11 Sec. 13. REPEALER.
10.12Minnesota Rules, parts 7503.0300, subpart 1; and 7503.0800, subpart 2, are repealed.
10.13EFFECTIVE DATE.This section is effective July 1, 2014.
