Bill Text: MN HF2928 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Criminal vehicular homicide or operation statute technical amendments provided, and driving while impaired law clarified to work with amendments to criminal vehicular homicide and operation statute.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-04-04 - HF indefinitely postponed [HF2928 Detail]
Download: Minnesota-2013-HF2928-Engrossed.html
1.2relating to public safety; providing technical amendments to criminal vehicular
1.3homicide or operation statute; clarifying driving while impaired law to work with
1.4amendments to criminal vehicular homicide and operation statute;amending
1.5Minnesota Statutes 2012, sections 169A.03, subdivisions 20, 21; 169A.24,
1.6subdivision 1; 609.21, subdivisions 1, 1a, 5; proposing coding for new law in
1.7Minnesota Statutes, chapter 609.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 169A.03, subdivision 20, is amended to
1.10read:
1.11 Subd. 20. Prior impaired driving conviction. "Prior impaired driving conviction"
1.12includes a prior conviction under:
1.13(1) section169A.20 (driving while impaired);
169A.31 (alcohol-related school bus
1.14or Head Start bus driving); or360.0752 (impaired aircraft operation);
1.15(2) Minnesota Statutes 2012, section609.21 (criminal vehicular homicide and injury,
1.16substance-related offenses), subdivision 1, clauses (2) to (6);
1.17(3) Minnesota Statutes 1998, section169.121 (driver under influence of alcohol or
1.18controlled substance);169.1211 (alcohol-related driving by commercial vehicle drivers);
1.19or169.129 (aggravated DWI-related violations; penalty);
1.20(4) Minnesota Statutes 1996, section84.91, subdivision 1 , paragraph (a) (operating
1.21snowmobile or all-terrain vehicle while impaired); or86B.331, subdivision 1 , paragraph
1.22(a) (operating motorboat while impaired);
1.23(5) Minnesota Statutes 2006, section609.21 (criminal vehicular homicide and injury,
1.24substance-related offenses), subdivision 1, clauses (2) to (6); subdivision 2, clauses (2)
2.1to (6); subdivision 2a, clauses (2) to (6); subdivision 2b, clauses (2) to (6); subdivision
2.23, clauses (2) to (6); or subdivision 4, clauses (2) to (6);
2.3(6) section 609.21, subdivision 1, clauses (2) to (6), or subdivision 1a, clauses (2) to
2.4(6); or section 609.2114, subdivision 1, clauses (2) to (6), or subdivision 2, clauses (2)
2.5to (6); or
2.6(6) (7) an ordinance from this state, or a statute or ordinance from another state, in
2.7conformity with any provision listed in clause (1), (2), (3), (4), or (5).
2.8A "prior impaired driving conviction" also includes a prior juvenile adjudication that
2.9would have been a prior impaired driving conviction if committed by an adult.
2.10 Sec. 2. Minnesota Statutes 2012, section 169A.03, subdivision 21, is amended to read:
2.11 Subd. 21. Prior impaired driving-related loss of license. (a) "Prior impaired
2.12driving-related loss of license" includes a driver's license suspension, revocation,
2.13cancellation, denial, or disqualification under:
2.14(1) section169A.31 (alcohol-related school bus or Head Start bus driving);
2.15169A.50
to
169A.53 (implied consent law);
169A.54 (impaired driving convictions and
2.16adjudications; administrative penalties);171.04 (persons not eligible for drivers' licenses);
2.17171.14
(cancellation);
171.16 (court may recommend suspension);
171.165 (commercial
2.18driver's license, disqualification);171.17 (revocation); or
171.18 (suspension); because of
2.19an alcohol-related incident;
2.20(2) Minnesota Statutes 2012, section609.21 (criminal vehicular homicide and injury,
2.21substance-related offenses), subdivision 1, clauses (2) to (6);
2.22(3) Minnesota Statutes 1998, section169.121 (driver under influence of alcohol or
2.23controlled substance);169.1211 (alcohol-related driving by commercial vehicle drivers);
2.24or169.123 (chemical tests for intoxication);
2.25(4) Minnesota Statutes 2006, section609.21 (criminal vehicular homicide and injury,
2.26substance-related offenses), subdivision 1, clauses (2) to (6); subdivision 2, clauses (2)
2.27to (6); subdivision 2a, clauses (2) to (6); subdivision 2b, clauses (2) to (6); subdivision
2.283, clauses (2) to (6); or subdivision 4, clauses (2) to (6);
2.29(5) section 609.21, subdivision 1, clauses (2) to (6), or subdivision 1a, clauses (2) to
2.30(6); or section 609.2114, subdivision 1, clauses (2) to (6), or subdivision 2, clauses (2)
2.31to (6); or
2.32(5) (6) an ordinance from this state, or a statute or ordinance from another state, in
2.33conformity with any provision listed in clause (1), (2), (3), or (4).
2.34(b) "Prior impaired driving-related loss of license" also includes the revocation of
2.35snowmobile or all-terrain vehicle operating privileges under section84.911 (chemical
3.1testing), or motorboat operating privileges under section86B.335 (testing for alcohol
3.2and controlled substances), for violations that occurred on or after August 1, 1994; the
3.3revocation of snowmobile or all-terrain vehicle operating privileges under section84.91
3.4(operation of snowmobiles and all-terrain vehicles by persons under the influence of alcohol
3.5or controlled substances); or the revocation of motorboat operating privileges under section
3.686B.331
(operation while using alcohol or drugs or with a physical or mental disability).
3.7(c) "Prior impaired driving-related loss of license" does not include any license
3.8action stemming solely from a violation of section169A.33 (underage drinking and
3.9driving),171.09 (conditions of a restricted license), or
340A.503 (persons under the age
3.10of 21, illegal acts).
3.11 Sec. 3. Minnesota Statutes 2012, section 169A.24, subdivision 1, is amended to read:
3.12 Subdivision 1. Degree described. A person who violates section169A.20 (driving
3.13while impaired) is guilty of first-degree driving while impaired if the person:
3.14(1) commits the violation within ten years of the first of three or more qualified
3.15prior impaired driving incidents;
3.16(2) has previously been convicted of a felony under this section; or
3.17(3) has previously been convicted of a felony under:
3.18(i) Minnesota Statutes 2012, section609.21 (criminal vehicular homicide and injury,
3.19substance-related offenses), subdivision 1, clauses (2) to (6);or
3.20(ii) Minnesota Statutes 2006, section609.21 (criminal vehicular homicide and injury,
3.21substance-related offenses), subdivision 1, clauses (2) to (6); subdivision 2, clauses (2)
3.22to (6); subdivision 2a, clauses (2) to (6); subdivision 3, clauses (2) to (6); or subdivision
3.234, clauses (2) to (6).; or
3.24(iii) section 609.21, subdivision 1, clauses (2) to (6), or subdivision 1a, clauses (2) to
3.25(6); or section 609.2114, subdivision 1, clauses (2) to (6), or subdivision 2, clauses (2) to (6).
3.26 Sec. 4. Minnesota Statutes 2012, section 609.21, subdivision 1, is amended to read:
3.27 Subdivision 1. Criminal vehicular homicideor operation; crime described. A
3.28person is guilty of criminal vehicular homicideor operation and may be sentenced as
3.29provided in subdivision 1a, if the person causes injury to or to imprisonment for not
3.30more than ten years or to payment of a fine of not more than $20,000, or both, if the
3.31person causes the death ofanother a human being not constituting murder or manslaughter
3.32 as a result of operating a motor vehicle:
3.33 (1) in a grossly negligent manner;
3.34 (2) in a negligent manner while under the influence of:
4.1 (i) alcohol;
4.2 (ii) a controlled substance; or
4.3 (iii) any combination of those elements;
4.4 (3) while having an alcohol concentration of 0.08 or more;
4.5 (4) while having an alcohol concentration of 0.08 or more, as measured within
4.6two hours of the time of driving;
4.7 (5) in a negligent manner while knowingly under the influence of a hazardous
4.8substance;
4.9 (6) in a negligent manner while any amount of a controlled substance listed in
4.10Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is
4.11present in the person's body;
4.12 (7) where the driver who causes the accident leaves the scene of the accident in
4.13violation of section169.09, subdivision 1 or 6; or
4.14 (8) where the driver had actual knowledge that a peace officer had previously issued
4.15a citation or warning that the motor vehicle was defectively maintained, the driver had
4.16actual knowledge that remedial action was not taken, the driver had reason to know that
4.17the defect created a present danger to others, and theinjury or death was caused by the
4.18defective maintenance.
4.19 Sec. 5. Minnesota Statutes 2012, section 609.21, subdivision 1a, is amended to read:
4.20 Subd. 1a.Criminal penalties Great bodily harm. (a) A person who violates
4.21subdivision 1 and causes the death of a human being not constituting murder or
4.22manslaughter or the death of an unborn child may be sentenced to imprisonment for not
4.23more than ten years or to payment of a fine of not more than $20,000, or both.
4.24(b) A person who violates subdivision 1 and causes great bodily harm to another not
4.25constituting attempted murder or assault or great bodily harm to an unborn child who is
4.26subsequently born alive may be sentenced to imprisonment for not more than five years or
4.27to payment of a fine of not more than $10,000, or both.
4.28(c) A person who violates subdivision 1 and causes substantial bodily harm to
4.29another may be sentenced to imprisonment for not more than three years or to payment of
4.30a fine of not more than $10,000, or both.
4.31(d) A person who violates subdivision 1 and causes bodily harm to another may be
4.32sentenced to imprisonment for not more than one year or to payment of a fine of not
4.33more than $3,000, or both.
4.34 A person is guilty of criminal vehicular operation resulting in great bodily harm and
4.35may be sentenced to imprisonment for not more than five years or to payment of a fine
5.1of not more than $10,000, or both, if the person causes great bodily harm to another not
5.2constituting attempted murder or assault as a result of operating a motor vehicle:
5.3 (1) in a grossly negligent manner;
5.4 (2) in a negligent manner while under the influence of:
5.5 (i) alcohol;
5.6 (ii) a controlled substance; or
5.7 (iii) any combination of those elements;
5.8 (3) while having an alcohol concentration of 0.08 or more;
5.9 (4) while having an alcohol concentration of 0.08 or more, as measured within
5.10two hours of the time of driving;
5.11 (5) in a negligent manner while knowingly under the influence of a hazardous
5.12substance;
5.13 (6) in a negligent manner while any amount of a controlled substance listed in
5.14Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is
5.15present in the person's body;
5.16 (7) where the driver who causes the accident leaves the scene of the accident in
5.17violation of section 169.09, subdivision 1 or 6; or
5.18 (8) where the driver had actual knowledge that a peace officer had previously issued a
5.19citation or warning that the motor vehicle was defectively maintained, the driver had actual
5.20knowledge that remedial action was not taken, the driver had reason to know that the defect
5.21created a present danger to others, and the injury was caused by the defective maintenance.
5.22 Sec. 6. Minnesota Statutes 2012, section 609.21, subdivision 5, is amended to read:
5.23 Subd. 5. Definitions. (a) For purposes ofthis section sections 609.2111 to 609.2114,
5.24the terms defined in this subdivision have the meanings given them.
5.25(a) (b) "Motor vehicle" has the meaning given in section
609.52, subdivision 1 , and
5.26includes attached trailers.
5.27(b) (c) "Controlled substance" has the meaning given in section
152.01, subdivision 4 .
5.28(c) (d) "Hazardous substance" means any chemical or chemical compound that is
5.29listed as a hazardous substance in rules adopted under chapter 182.
5.30 Sec. 7. [609.2113] CRIMINAL VEHICULAR OPERATION; BODILY HARM.
5.31 Subdivision 1. Substantial bodily harm. A person is guilty of criminal vehicular
5.32operation resulting in substantial bodily harm and may be sentenced to imprisonment for
5.33not more than three years or to payment of a fine of not more than $10,000, or both, if the
5.34person causes substantial bodily harm to another as a result of operating a motor vehicle:
6.1 (1) in a grossly negligent manner;
6.2 (2) in a negligent manner while under the influence of:
6.3 (i) alcohol;
6.4 (ii) a controlled substance; or
6.5 (iii) any combination of those elements;
6.6 (3) while having an alcohol concentration of 0.08 or more;
6.7 (4) while having an alcohol concentration of 0.08 or more, as measured within
6.8two hours of the time of driving;
6.9 (5) in a negligent manner while knowingly under the influence of a hazardous
6.10substance;
6.11 (6) in a negligent manner while any amount of a controlled substance listed in
6.12Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is
6.13present in the person's body;
6.14 (7) where the driver who causes the accident leaves the scene of the accident in
6.15violation of section 169.09, subdivision 1 or 6; or
6.16 (8) where the driver had actual knowledge that a peace officer had previously issued a
6.17citation or warning that the motor vehicle was defectively maintained, the driver had actual
6.18knowledge that remedial action was not taken, the driver had reason to know that the defect
6.19created a present danger to others, and the injury was caused by the defective maintenance.
6.20 Subd. 2. Bodily harm. A person is guilty of criminal vehicular operation resulting
6.21in bodily harm and may be sentenced to imprisonment for not more than one year or to
6.22payment of a fine of not more than $3,000, or both, if the person causes bodily harm to
6.23another as a result of operating a motor vehicle:
6.24 (1) in a grossly negligent manner;
6.25 (2) in a negligent manner while under the influence of:
6.26 (i) alcohol;
6.27 (ii) a controlled substance; or
6.28 (iii) any combination of those elements;
6.29 (3) while having an alcohol concentration of 0.08 or more;
6.30 (4) while having an alcohol concentration of 0.08 or more, as measured within
6.31two hours of the time of driving;
6.32 (5) in a negligent manner while knowingly under the influence of a hazardous
6.33substance;
6.34 (6) in a negligent manner while any amount of a controlled substance listed in
6.35Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is
6.36present in the person's body;
7.1 (7) where the driver who causes the accident leaves the scene of the accident in
7.2violation of section 169.09, subdivision 1 or 6; or
7.3 (8) where the driver had actual knowledge that a peace officer had previously issued a
7.4citation or warning that the motor vehicle was defectively maintained, the driver had actual
7.5knowledge that remedial action was not taken, the driver had reason to know that the defect
7.6created a present danger to others, and the injury was caused by the defective maintenance.
7.7 Subd. 3. Affirmative defense. It shall be an affirmative defense to a charge under
7.8subdivisions 1, clause (6); 2, clause (6); and 3, clause (6), that the defendant used the
7.9controlled substance according to the terms of a prescription issued for the defendant in
7.10accordance with sections 152.11 and 152.12.
7.11 Sec. 8. [609.2114] CRIMINAL VEHICULAR OPERATION; UNBORN CHILD.
7.12 Subdivision 1. Death to an unborn child. A person is guilty of criminal vehicular
7.13operation resulting in death to an unborn child and may be sentenced to imprisonment for
7.14not more than ten years or to payment of a fine of not more than $20,000, or both, if the
7.15person causes the death of an unborn child as a result of operating a motor vehicle:
7.16 (1) in a grossly negligent manner;
7.17 (2) in a negligent manner while under the influence of:
7.18 (i) alcohol;
7.19 (ii) a controlled substance; or
7.20 (iii) any combination of those elements;
7.21 (3) while having an alcohol concentration of 0.08 or more;
7.22 (4) while having an alcohol concentration of 0.08 or more, as measured within
7.23two hours of the time of driving;
7.24 (5) in a negligent manner while knowingly under the influence of a hazardous
7.25substance;
7.26 (6) in a negligent manner while any amount of a controlled substance listed in
7.27Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is
7.28present in the person's body;
7.29 (7) where the driver who causes the accident leaves the scene of the accident in
7.30violation of section 169.09, subdivision 1 or 6; or
7.31 (8) where the driver had actual knowledge that a peace officer had previously issued a
7.32citation or warning that the motor vehicle was defectively maintained, the driver had actual
7.33knowledge that remedial action was not taken, the driver had reason to know that the defect
7.34created a present danger to others, and the injury was caused by the defective maintenance.
8.1 Subd. 2. Injury to an unborn child. A person is guilty of criminal vehicular
8.2operation resulting in injury to an unborn child and may be sentenced to imprisonment
8.3for not more than five years or to payment of a fine of not more than $10,000, or both,
8.4if the person causes the great bodily harm to an unborn child subsequently born alive
8.5as a result of operating a motor vehicle:
8.6 (1) in a grossly negligent manner;
8.7 (2) in a negligent manner while under the influence of:
8.8 (i) alcohol;
8.9 (ii) a controlled substance; or
8.10 (iii) any combination of those elements;
8.11 (3) while having an alcohol concentration of 0.08 or more;
8.12 (4) while having an alcohol concentration of 0.08 or more, as measured within
8.13two hours of the time of driving;
8.14 (5) in a negligent manner while knowingly under the influence of a hazardous
8.15substance;
8.16 (6) in a negligent manner while any amount of a controlled substance listed in
8.17Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is
8.18present in the person's body;
8.19 (7) where the driver who causes the accident leaves the scene of the accident in
8.20violation of section 169.09, subdivision 1 or 6; or
8.21 (8) where the driver had actual knowledge that a peace officer had previously issued a
8.22citation or warning that the motor vehicle was defectively maintained, the driver had actual
8.23knowledge that remedial action was not taken, the driver had reason to know that the defect
8.24created a present danger to others, and the injury was caused by the defective maintenance.
8.25 Subd. 3. Affirmative defense. It shall be an affirmative defense to a charge under
8.26subdivisions 1, clause (6), and 2, clause (6), that the defendant used the controlled
8.27substance according to the terms of a prescription issued for the defendant in accordance
8.28with sections 152.11 and 152.12.
8.29 Sec. 9. REVISOR'S INSTRUCTION.
8.30The revisor of statutes shall renumber the provisions of Minnesota Statutes listed in
8.31Column A to the references listed in column B. The revisor shall also make necessary
8.32cross-reference changes in Minnesota Statutes and Minnesota Rules consistent with the
8.33renumbering in this instruction.
1.3homicide or operation statute; clarifying driving while impaired law to work with
1.4amendments to criminal vehicular homicide and operation statute;amending
1.5Minnesota Statutes 2012, sections 169A.03, subdivisions 20, 21; 169A.24,
1.6subdivision 1; 609.21, subdivisions 1, 1a, 5; proposing coding for new law in
1.7Minnesota Statutes, chapter 609.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 169A.03, subdivision 20, is amended to
1.10read:
1.11 Subd. 20. Prior impaired driving conviction. "Prior impaired driving conviction"
1.12includes a prior conviction under:
1.13(1) section
1.14or Head Start bus driving); or
1.15(2) Minnesota Statutes 2012, section
1.16substance-related offenses), subdivision 1, clauses (2) to (6);
1.17(3) Minnesota Statutes 1998, section
1.18controlled substance);
1.19or
1.20(4) Minnesota Statutes 1996, section
1.21snowmobile or all-terrain vehicle while impaired); or
1.22(a) (operating motorboat while impaired);
1.23(5) Minnesota Statutes 2006, section
1.24substance-related offenses), subdivision 1, clauses (2) to (6); subdivision 2, clauses (2)
2.1to (6); subdivision 2a, clauses (2) to (6); subdivision 2b, clauses (2) to (6); subdivision
2.23, clauses (2) to (6); or subdivision 4, clauses (2) to (6);
2.3(6) section 609.21, subdivision 1, clauses (2) to (6), or subdivision 1a, clauses (2) to
2.4(6); or section 609.2114, subdivision 1, clauses (2) to (6), or subdivision 2, clauses (2)
2.5to (6); or
2.6
2.7conformity with any provision listed in clause (1), (2), (3), (4), or (5).
2.8A "prior impaired driving conviction" also includes a prior juvenile adjudication that
2.9would have been a prior impaired driving conviction if committed by an adult.
2.10 Sec. 2. Minnesota Statutes 2012, section 169A.03, subdivision 21, is amended to read:
2.11 Subd. 21. Prior impaired driving-related loss of license. (a) "Prior impaired
2.12driving-related loss of license" includes a driver's license suspension, revocation,
2.13cancellation, denial, or disqualification under:
2.14(1) section
2.16adjudications; administrative penalties);
2.18driver's license, disqualification);
2.19an alcohol-related incident;
2.20(2) Minnesota Statutes 2012, section
2.21substance-related offenses), subdivision 1, clauses (2) to (6);
2.22(3) Minnesota Statutes 1998, section
2.23controlled substance);
2.24or
2.25(4) Minnesota Statutes 2006, section
2.26substance-related offenses), subdivision 1, clauses (2) to (6); subdivision 2, clauses (2)
2.27to (6); subdivision 2a, clauses (2) to (6); subdivision 2b, clauses (2) to (6); subdivision
2.283, clauses (2) to (6); or subdivision 4, clauses (2) to (6);
2.29(5) section 609.21, subdivision 1, clauses (2) to (6), or subdivision 1a, clauses (2) to
2.30(6); or section 609.2114, subdivision 1, clauses (2) to (6), or subdivision 2, clauses (2)
2.31to (6); or
2.32
2.33conformity with any provision listed in clause (1), (2), (3), or (4).
2.34(b) "Prior impaired driving-related loss of license" also includes the revocation of
2.35snowmobile or all-terrain vehicle operating privileges under section
3.1testing), or motorboat operating privileges under section
3.2and controlled substances), for violations that occurred on or after August 1, 1994; the
3.3revocation of snowmobile or all-terrain vehicle operating privileges under section
3.5or controlled substances); or the revocation of motorboat operating privileges under section
3.7(c) "Prior impaired driving-related loss of license" does not include any license
3.8action stemming solely from a violation of section
3.9driving),
3.10of 21, illegal acts).
3.11 Sec. 3. Minnesota Statutes 2012, section 169A.24, subdivision 1, is amended to read:
3.12 Subdivision 1. Degree described. A person who violates section
3.13while impaired) is guilty of first-degree driving while impaired if the person:
3.14(1) commits the violation within ten years of the first of three or more qualified
3.15prior impaired driving incidents;
3.16(2) has previously been convicted of a felony under this section; or
3.17(3) has previously been convicted of a felony under:
3.18(i) Minnesota Statutes 2012, section
3.19substance-related offenses), subdivision 1, clauses (2) to (6);
3.20(ii) Minnesota Statutes 2006, section
3.21substance-related offenses), subdivision 1, clauses (2) to (6); subdivision 2, clauses (2)
3.22to (6); subdivision 2a, clauses (2) to (6); subdivision 3, clauses (2) to (6); or subdivision
3.234, clauses (2) to (6)
3.24(iii) section 609.21, subdivision 1, clauses (2) to (6), or subdivision 1a, clauses (2) to
3.25(6); or section 609.2114, subdivision 1, clauses (2) to (6), or subdivision 2, clauses (2) to (6).
3.26 Sec. 4. Minnesota Statutes 2012, section 609.21, subdivision 1, is amended to read:
3.27 Subdivision 1. Criminal vehicular homicide
3.28person is guilty of criminal vehicular homicide
3.29
3.30more than ten years or to payment of a fine of not more than $20,000, or both, if the
3.31person causes the death of
3.32 as a result of operating a motor vehicle:
3.33 (1) in a grossly negligent manner;
3.34 (2) in a negligent manner while under the influence of:
4.1 (i) alcohol;
4.2 (ii) a controlled substance; or
4.3 (iii) any combination of those elements;
4.4 (3) while having an alcohol concentration of 0.08 or more;
4.5 (4) while having an alcohol concentration of 0.08 or more, as measured within
4.6two hours of the time of driving;
4.7 (5) in a negligent manner while knowingly under the influence of a hazardous
4.8substance;
4.9 (6) in a negligent manner while any amount of a controlled substance listed in
4.10Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is
4.11present in the person's body;
4.12 (7) where the driver who causes the accident leaves the scene of the accident in
4.13violation of section
4.14 (8) where the driver had actual knowledge that a peace officer had previously issued
4.15a citation or warning that the motor vehicle was defectively maintained, the driver had
4.16actual knowledge that remedial action was not taken, the driver had reason to know that
4.17the defect created a present danger to others, and the
4.18defective maintenance.
4.19 Sec. 5. Minnesota Statutes 2012, section 609.21, subdivision 1a, is amended to read:
4.20 Subd. 1a.
4.21
4.22
4.23
4.24
4.25
4.26
4.27
4.28
4.29
4.30
4.31
4.32
4.33
4.34 A person is guilty of criminal vehicular operation resulting in great bodily harm and
4.35may be sentenced to imprisonment for not more than five years or to payment of a fine
5.1of not more than $10,000, or both, if the person causes great bodily harm to another not
5.2constituting attempted murder or assault as a result of operating a motor vehicle:
5.3 (1) in a grossly negligent manner;
5.4 (2) in a negligent manner while under the influence of:
5.5 (i) alcohol;
5.6 (ii) a controlled substance; or
5.7 (iii) any combination of those elements;
5.8 (3) while having an alcohol concentration of 0.08 or more;
5.9 (4) while having an alcohol concentration of 0.08 or more, as measured within
5.10two hours of the time of driving;
5.11 (5) in a negligent manner while knowingly under the influence of a hazardous
5.12substance;
5.13 (6) in a negligent manner while any amount of a controlled substance listed in
5.14Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is
5.15present in the person's body;
5.16 (7) where the driver who causes the accident leaves the scene of the accident in
5.17violation of section 169.09, subdivision 1 or 6; or
5.18 (8) where the driver had actual knowledge that a peace officer had previously issued a
5.19citation or warning that the motor vehicle was defectively maintained, the driver had actual
5.20knowledge that remedial action was not taken, the driver had reason to know that the defect
5.21created a present danger to others, and the injury was caused by the defective maintenance.
5.22 Sec. 6. Minnesota Statutes 2012, section 609.21, subdivision 5, is amended to read:
5.23 Subd. 5. Definitions. (a) For purposes of
5.24the terms defined in this subdivision have the meanings given them.
5.25
5.26includes attached trailers.
5.27
5.28
5.29listed as a hazardous substance in rules adopted under chapter 182.
5.30 Sec. 7. [609.2113] CRIMINAL VEHICULAR OPERATION; BODILY HARM.
5.31 Subdivision 1. Substantial bodily harm. A person is guilty of criminal vehicular
5.32operation resulting in substantial bodily harm and may be sentenced to imprisonment for
5.33not more than three years or to payment of a fine of not more than $10,000, or both, if the
5.34person causes substantial bodily harm to another as a result of operating a motor vehicle:
6.1 (1) in a grossly negligent manner;
6.2 (2) in a negligent manner while under the influence of:
6.3 (i) alcohol;
6.4 (ii) a controlled substance; or
6.5 (iii) any combination of those elements;
6.6 (3) while having an alcohol concentration of 0.08 or more;
6.7 (4) while having an alcohol concentration of 0.08 or more, as measured within
6.8two hours of the time of driving;
6.9 (5) in a negligent manner while knowingly under the influence of a hazardous
6.10substance;
6.11 (6) in a negligent manner while any amount of a controlled substance listed in
6.12Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is
6.13present in the person's body;
6.14 (7) where the driver who causes the accident leaves the scene of the accident in
6.15violation of section 169.09, subdivision 1 or 6; or
6.16 (8) where the driver had actual knowledge that a peace officer had previously issued a
6.17citation or warning that the motor vehicle was defectively maintained, the driver had actual
6.18knowledge that remedial action was not taken, the driver had reason to know that the defect
6.19created a present danger to others, and the injury was caused by the defective maintenance.
6.20 Subd. 2. Bodily harm. A person is guilty of criminal vehicular operation resulting
6.21in bodily harm and may be sentenced to imprisonment for not more than one year or to
6.22payment of a fine of not more than $3,000, or both, if the person causes bodily harm to
6.23another as a result of operating a motor vehicle:
6.24 (1) in a grossly negligent manner;
6.25 (2) in a negligent manner while under the influence of:
6.26 (i) alcohol;
6.27 (ii) a controlled substance; or
6.28 (iii) any combination of those elements;
6.29 (3) while having an alcohol concentration of 0.08 or more;
6.30 (4) while having an alcohol concentration of 0.08 or more, as measured within
6.31two hours of the time of driving;
6.32 (5) in a negligent manner while knowingly under the influence of a hazardous
6.33substance;
6.34 (6) in a negligent manner while any amount of a controlled substance listed in
6.35Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is
6.36present in the person's body;
7.1 (7) where the driver who causes the accident leaves the scene of the accident in
7.2violation of section 169.09, subdivision 1 or 6; or
7.3 (8) where the driver had actual knowledge that a peace officer had previously issued a
7.4citation or warning that the motor vehicle was defectively maintained, the driver had actual
7.5knowledge that remedial action was not taken, the driver had reason to know that the defect
7.6created a present danger to others, and the injury was caused by the defective maintenance.
7.7 Subd. 3. Affirmative defense. It shall be an affirmative defense to a charge under
7.8subdivisions 1, clause (6); 2, clause (6); and 3, clause (6), that the defendant used the
7.9controlled substance according to the terms of a prescription issued for the defendant in
7.10accordance with sections 152.11 and 152.12.
7.11 Sec. 8. [609.2114] CRIMINAL VEHICULAR OPERATION; UNBORN CHILD.
7.12 Subdivision 1. Death to an unborn child. A person is guilty of criminal vehicular
7.13operation resulting in death to an unborn child and may be sentenced to imprisonment for
7.14not more than ten years or to payment of a fine of not more than $20,000, or both, if the
7.15person causes the death of an unborn child as a result of operating a motor vehicle:
7.16 (1) in a grossly negligent manner;
7.17 (2) in a negligent manner while under the influence of:
7.18 (i) alcohol;
7.19 (ii) a controlled substance; or
7.20 (iii) any combination of those elements;
7.21 (3) while having an alcohol concentration of 0.08 or more;
7.22 (4) while having an alcohol concentration of 0.08 or more, as measured within
7.23two hours of the time of driving;
7.24 (5) in a negligent manner while knowingly under the influence of a hazardous
7.25substance;
7.26 (6) in a negligent manner while any amount of a controlled substance listed in
7.27Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is
7.28present in the person's body;
7.29 (7) where the driver who causes the accident leaves the scene of the accident in
7.30violation of section 169.09, subdivision 1 or 6; or
7.31 (8) where the driver had actual knowledge that a peace officer had previously issued a
7.32citation or warning that the motor vehicle was defectively maintained, the driver had actual
7.33knowledge that remedial action was not taken, the driver had reason to know that the defect
7.34created a present danger to others, and the injury was caused by the defective maintenance.
8.1 Subd. 2. Injury to an unborn child. A person is guilty of criminal vehicular
8.2operation resulting in injury to an unborn child and may be sentenced to imprisonment
8.3for not more than five years or to payment of a fine of not more than $10,000, or both,
8.4if the person causes the great bodily harm to an unborn child subsequently born alive
8.5as a result of operating a motor vehicle:
8.6 (1) in a grossly negligent manner;
8.7 (2) in a negligent manner while under the influence of:
8.8 (i) alcohol;
8.9 (ii) a controlled substance; or
8.10 (iii) any combination of those elements;
8.11 (3) while having an alcohol concentration of 0.08 or more;
8.12 (4) while having an alcohol concentration of 0.08 or more, as measured within
8.13two hours of the time of driving;
8.14 (5) in a negligent manner while knowingly under the influence of a hazardous
8.15substance;
8.16 (6) in a negligent manner while any amount of a controlled substance listed in
8.17Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is
8.18present in the person's body;
8.19 (7) where the driver who causes the accident leaves the scene of the accident in
8.20violation of section 169.09, subdivision 1 or 6; or
8.21 (8) where the driver had actual knowledge that a peace officer had previously issued a
8.22citation or warning that the motor vehicle was defectively maintained, the driver had actual
8.23knowledge that remedial action was not taken, the driver had reason to know that the defect
8.24created a present danger to others, and the injury was caused by the defective maintenance.
8.25 Subd. 3. Affirmative defense. It shall be an affirmative defense to a charge under
8.26subdivisions 1, clause (6), and 2, clause (6), that the defendant used the controlled
8.27substance according to the terms of a prescription issued for the defendant in accordance
8.28with sections 152.11 and 152.12.
8.29 Sec. 9. REVISOR'S INSTRUCTION.
8.30The revisor of statutes shall renumber the provisions of Minnesota Statutes listed in
8.31Column A to the references listed in column B. The revisor shall also make necessary
8.32cross-reference changes in Minnesota Statutes and Minnesota Rules consistent with the
8.33renumbering in this instruction.
