Bill Text: MN SF1246 | 2013-2014 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Motor vehicle collisions driver must stop requirements clarification and terminology change
Spectrum: Strong Partisan Bill (Democrat 12-1)
Status: (Passed) 2014-05-02 - Secretary of State Chapter 186 05/01/14 [SF1246 Detail]
Download: Minnesota-2013-SF1246-Introduced.html
Bill Title: Motor vehicle collisions driver must stop requirements clarification and terminology change
Spectrum: Strong Partisan Bill (Democrat 12-1)
Status: (Passed) 2014-05-02 - Secretary of State Chapter 186 05/01/14 [SF1246 Detail]
Download: Minnesota-2013-SF1246-Introduced.html
1.2relating to public safety; traffic regulations; clarifying requirements pertaining to
1.3collisions; making a terminology change;amending Minnesota Statutes 2012,
1.4sections 169.09; 609.21, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 169.09, is amended to read:
1.7169.09ACCIDENTS COLLISIONS.
1.8 Subdivision 1. Driver to stop foraccident collision with individual. The driver
1.9of any motor vehicle involved inan accident resulting in immediately demonstrable
1.10bodily injury to or death of any individual a collision shall immediately stop the vehicle
1.11at the scene of theaccident collision, or as close to the scene as possible but shall then
1.12return to, and reasonably investigate what was struck. If the driver knows or has reason
1.13to know the collision resulted in injury to or death of any individual, the driver in every
1.14event shall remain at the scene of theaccident, collision until the driver has fulfilled
1.15the requirements of this section as to the giving of information. The stop must be made
1.16without unnecessarily obstructing traffic.
1.17 Subd. 2. Driver to stop foraccident to property collision with attended vehicle.
1.18The driver of any motor vehicle involved inan accident to a vehicle driven or attended
1.19by any individual a collision shall immediately stop the motor vehicle at the scene of the
1.20accident collision, or as close to the accident collision as possible but shall forthwith
1.21return to, and reasonably investigate what was struck. If the driver knows or has reason to
1.22know the collision involves damage to a vehicle driven or attended by an individual, the
1.23driver in every event shall remain at the scene of theaccident, collision until the driver has
2.1fulfilled the requirements of this section as to the giving of information. The stop must be
2.2made without unnecessarily obstructing traffic.
2.3 Subd. 3. Driver to give information. (a) The driver of any motor vehicle involved
2.4inan accident resulting a collision the driver knows or has reason to know results in
2.5bodily injury to or death of any individual, or damage to any vehicle driven or attended by
2.6any individual, shallstop and give the driver's name, address, and date of birth and the
2.7registration plate number of the vehicle being driven. The driver shall, upon request and if
2.8available, exhibit the driver's license or permit to drive to the individual struck or the driver
2.9or occupant of or individual attending any vehicle collided with. The driver also shall give
2.10the information and upon request exhibit the license or permit to any peace officer at the
2.11scene of theaccident collision or who is investigating the accident collision. The driver
2.12shall render reasonable assistance to any individual injured in theaccident collision.
2.13(b) If not given at the scene of theaccident collision, the driver, within 72 hours after
2.14the accident, shall give, on request to any individual involved in theaccident collision or
2.15to a peace officer investigating theaccident collision, the name and address of the insurer
2.16providing vehicle liability insurance coverage, and the local insurance agent for the insurer.
2.17 Subd. 4. Collision with unattended vehicle. The driver of any motor vehiclethat
2.18collides with and damages any vehicle that is unattended involved in a collision shall
2.19immediately stop the vehicle at the scene of the collision, or as close to the scene as
2.20possible, and reasonably investigate what was struck. If the driver knows or has reason to
2.21know the collision resulted in damage to any unattended vehicle, the driver must either
2.22locate and notify the driver or owner of the vehicle of the name and address of the driver
2.23and registered owner of the vehicle striking the unattended vehicle,shall report this
2.24same information to a peace officer, orshall leave in a conspicuous place in or secured
2.25to the vehicle struck, a written notice giving the name and address of the driver and of
2.26the registered owner of the vehicle doing the striking. The stop must be made without
2.27unnecessarily obstructing traffic.
2.28 Subd. 5. Notify owner of damaged property. If the driver of any vehicle involved
2.29inan accident resulting a collision knows or has reason to know the collision resulted
2.30 only in damage to fixtures legally upon or adjacent to a highway, the driver shall take
2.31reasonable steps to locate and notify the owner or person in charge of the property of that
2.32fact, of the driver's name and address, and of the registration plate number of the vehicle
2.33being driven and shall, upon request and if available, exhibit the driver's license, and make
2.34report of theaccident collision in every case. The report must be made in the same manner
2.35as a report made pursuant to subdivision 7.
3.1 Subd. 5a. Driver deemed agent of owner. Whenever any motor vehicle shall be
3.2operated within this state, by any person other than the owner, with the consent of the
3.3owner, express or implied, the operator thereof shall in case ofaccident, a collision be
3.4deemed the agent of the owner of such motor vehicle in the operation thereof.
3.5 Subd. 6. Notice of personal injury. The driver of a vehicle involved inan accident
3.6 a collision resulting in bodily injury to or death of any individual shall, after compliance
3.7with this section and by the quickest means of communication, give notice of the
3.8accident collision to the local police department if the accident collision occurs within a
3.9municipality, to a State Patrol officer if theaccident collision occurs on a trunk highway,
3.10or to the office of the sheriff of the county.
3.11 Subd. 7.Accident Collision report to commissioner. (a) The driver of a vehicle
3.12involved inan accident a collision resulting in bodily injury to or death of any individual
3.13or total property damage to an apparent extent of $1,000 or more, shall forward a written
3.14report of theaccident collision to the commissioner of public safety within ten days of
3.15theaccident collision. On the required report, the driver shall provide the commissioner
3.16with the name and policy number of the insurer providing vehicle liability insurance
3.17coverage at the time of theaccident collision.
3.18(b) On determining that the original report of any driver of a vehicle involved inan
3.19accident a collision of which report must be made as provided in this section is insufficient,
3.20the commissioner of public safety may require the driver to file supplementary information.
3.21 Subd. 8. Officer to reportaccident collision to commissioner. A peace officer
3.22who, in the regular course of duty, investigatesan accident a collision that must be
3.23reported under this section shall, within ten days after the date of theaccident collision,
3.24forward an electronic or written report of theaccident collision as prescribed by the
3.25commissioner of public safety.
3.26 Subd. 9.Accident Collision report format. The commissioner of public safety
3.27shall prescribe the format for theaccident collision reports required under this section.
3.28Upon request the commissioner shall make available the format to police departments,
3.29coroners, sheriffs, garages, and other suitable agencies or individuals. The electronic
3.30or written report to be completed by individuals involved inaccidents collisions and
3.31by investigating peace officers must disclose the causes, existing conditions, and the
3.32individuals and vehicles involved.
3.33 Subd. 11. Coroner to report death. Every coroner or other official performing
3.34like functions shall report in writing to the commissioner of public safety the death of
3.35any individual within the coroner's jurisdiction as the result ofan accident a collision
4.1 involving a vehicle and the circumstances of theaccident collision. The report must
4.2be made within 15 days after the death.
4.3In the case of drivers killed in vehicleaccidents collisions and of the death of
4.4pedestrians 16 years of age or older, who die within four hours afteran accident a collision,
4.5the coroner or other official performing like functions shall examine the body and shall
4.6make tests as are necessary to determine the presence and percentage concentration of
4.7alcohol, and drugs if feasible, in the blood of the victim. This information must be
4.8included in each report submitted pursuant to the provisions of this subdivision and shall
4.9be tabulated on a monthly basis by the commissioner of public safety. This information
4.10may be used only for statistical purposes that do not reveal the identity of the deceased.
4.11 Subd. 12. Garage to report bullet damage. The individual in charge of any
4.12garage or repair shop to which is brought any vehicle that shows evidence of having
4.13been struck by any bullet shall immediately report to the local police or sheriff and to
4.14the commissioner of public safety within 24 hours after the vehicle is received, giving
4.15the engine number if any, registration plate number, and the name and address of the
4.16registered owner or operator of the vehicle.
4.17 Subd. 13. Reports confidential; evidence, fee, penalty, appropriation. (a) All
4.18reports and supplemental information required under this section must be for the use of the
4.19commissioner of public safety and other appropriate state, federal, county, and municipal
4.20governmental agencies for accident analysis purposes, except:
4.21(1) upon written request, the commissioner of public safety or any law enforcement
4.22agency shall disclose the report required under subdivision 8 to:
4.23(i) any individual involved in theaccident collision, the representative of the
4.24individual's estate, or the surviving spouse, or one or more surviving next of kin, or a
4.25trustee appointed under section573.02 ;
4.26(ii) any other person injured in person, property, or means of support, or who incurs
4.27other pecuniary loss by virtue of theaccident collision;
4.28(iii) legal counsel of a person described in item (i) or (ii); or
4.29(iv) a representative of the insurer of any person described in item (i) or (ii);
4.30(2) the commissioner of public safety shall, upon written request, provide the driver
4.31filing a report under subdivision 7 with a copy of the report filed by the driver;
4.32(3) the commissioner of public safety may verify with insurance companies vehicle
4.33insurance information to enforce sections65B.48 ,
169.792 ,
169.793 ,
169.796 , and
169.797 ;
4.34(4) the commissioner of public safety shall provide the commissioner of transportation
4.35the information obtained for each trafficaccident collision involving a commercial motor
4.36vehicle, for purposes of administering commercial vehicle safety regulations;
5.1(5) upon specific request, the commissioner of public safety shall provide the
5.2commissioner of transportation the information obtained regarding each trafficaccident
5.3 collision involving damage to identified state-owned infrastructure, for purposes of debt
5.4collection under section161.20, subdivision 4 ; and
5.5(6) the commissioner of public safety may give to the United States Department of
5.6Transportation commercial vehicleaccident collision information in connection with
5.7federal grant programs relating to safety.
5.8(b)Accident Collision reports and data contained in the reports are not discoverable
5.9under any provision of law or rule of court. No report shall be used as evidence in any
5.10trial, civil or criminal, or any action for damages or criminal proceedings arising out of
5.11an accident a collision. However, the commissioner of public safety shall furnish, upon
5.12the demand of any person who has or claims to have made a report or upon demand of
5.13any court, a certificate showing that a specifiedaccident collision report has or has not
5.14been made to the commissioner solely to prove compliance or failure to comply with the
5.15requirements that the report be made to the commissioner.
5.16(c) Nothing in this subdivision prevents any individual who has made a report under
5.17this section from providing information to any individuals involved inan accident a
5.18collision or their representatives or from testifying in any trial, civil or criminal, arising
5.19out ofan accident a collision, as to facts within the individual's knowledge. It is intended
5.20by this subdivision to render privileged the reports required, but it is not intended to
5.21prohibit proof of the facts to which the reports relate.
5.22(d) Disclosing any information contained in anyaccident collision report, except
5.23as provided in this subdivision, section13.82 , subdivision 3 or 6, or other statutes, is a
5.24misdemeanor.
5.25(e) The commissioner of public safety shall charge authorized persons as described
5.26in paragraph (a) a $5 fee for a copy ofan accident a collision report. Ninety percent of
5.27the $5 fee collected under this paragraph must be deposited in the special revenue fund
5.28and credited to the driver services operating account established in section299A.705 and
5.29ten percent must be deposited in the general fund. The commissioner may also furnish
5.30an electronic copy of the database ofaccident collision records, which must not contain
5.31personal or private data on an individual, to private agencies as provided in paragraph (g),
5.32for not less than the cost of preparing the copies on a bulk basis as provided in section
5.3313.03, subdivision 3
.
5.34(f) The fees specified in paragraph (e) notwithstanding, the commissioner and law
5.35enforcement agencies shall charge commercial users who request access to response
5.36or incident data relating toaccidents collisions a fee not to exceed 50 cents per record.
6.1"Commercial user" is a user who in one location requests access to data in more than
6.2fiveaccident collision reports per month, unless the user establishes that access is not
6.3for a commercial purpose. Of the money collected by the commissioner under this
6.4paragraph, 90 percent must be deposited in the special revenue fund and credited to the
6.5driver services operating account established in section299A.705 and ten percent must
6.6be deposited in the general fund.
6.7(g) The fees in paragraphs (e) and (f) notwithstanding, the commissioner shall
6.8provide an electronic copy of theaccident collision records database to the public on a
6.9case-by-case basis using the cost-recovery charges provided for under section13.03,
6.10subdivision 3 . The database provided must not contain personal or private data on an
6.11individual. However, unless theaccident collision records database includes the vehicle
6.12identification number, the commissioner shall include the vehicle registration plate number
6.13if a private agency certifies and agrees that the agency:
6.14(1) is in the business of collectingaccident collision and damage information on
6.15vehicles;
6.16(2) will use the vehicle registration plate number only for identifying vehicles that
6.17have been involved inaccidents collisions or damaged, to provide this information to
6.18persons seeking access to a vehicle's history and not for identifying individuals or for any
6.19other purpose; and
6.20(3) will be subject to the penalties and remedies under sections13.08 and
13.09 .
6.21 Subd. 14. Penalties. (a) The driver of any vehicle who violates subdivision 1 or 6
6.22and who did not cause theaccident collision is punishable as follows:
6.23(1) if theaccident collision results in the death of any individual, the driver is guilty
6.24of a felony and may be sentenced to imprisonment for not more than three years, or to
6.25payment of a fine of not more than $5,000, or both;
6.26(2) if theaccident collision results in great bodily harm to any individual, as defined
6.27in section609.02, subdivision 8 , the driver is guilty of a felony and may be sentenced
6.28to imprisonment for not more than two years, or to payment of a fine of not more than
6.29$4,000, or both; or
6.30(3) if theaccident collision results in substantial bodily harm to any individual, as
6.31defined in section609.02, subdivision 7a , the driver may be sentenced to imprisonment
6.32for not more than one year, or to payment of a fine of not more than $3,000, or both.
6.33(b) The driver of any vehicle involved inan accident a collision not resulting in
6.34substantial bodily harm or death who violates subdivision 1 or 6 may be sentenced
6.35to imprisonment for not more than one year, or to payment of a fine of not more than
6.36$3,000, or both.
7.1(c) Any person who violates subdivision 2, 3, 4, 5, 7, 8, 11, or 12 is guilty of a
7.2misdemeanor.
7.3(d) The attorney in the jurisdiction in which the violation occurred who is responsible
7.4for prosecution of misdemeanor violations of this section shall also be responsible for
7.5prosecution of gross misdemeanor violations of this section.
7.6 Subd. 14a. Suspension of license for failure to reportaccident collision. The
7.7commissioner may suspend the license, or any nonresident's operating privilege, of any
7.8person who willfully fails, refuses, or neglects to make report of a trafficaccident collision
7.9 as required by the laws of this state. A license suspension under this section is subject to
7.10the notice requirements of section171.18, subdivision 2 .
7.11 Subd. 15. Defense. (a) It is an affirmative defense to prosecution under subdivisions
7.121, 2, and 6 that the driver left the scene of theaccident collision to take any individual
7.13suffering immediately demonstrable bodily injury in theaccident collision to receive
7.14emergency medical care if the driver of the involved vehicle gives notice to a law
7.15enforcement agency as required by subdivision 6 as soon as reasonably feasible after the
7.16emergency medical care has been undertaken.
7.17(b) When the collision involves a person or another vehicle, mistake as to what was
7.18struck is not a defense for failure to stop and investigate.
7.19 Subd. 16. Commissioner as agent for service of process. The use and operation by
7.20a resident of this state or the resident's agent, or by a nonresident or the nonresident's agent,
7.21of a motor vehicle within the state of Minnesota, is deemed an irrevocable appointment
7.22by the resident if absent from this state continuously for six months or more following
7.23an accident a collision, or by the nonresident at any time, of the commissioner of public
7.24safety to be the resident's or nonresident's true and lawful attorney upon whom may be
7.25served all legal process in any action or proceeding against the resident or nonresident
7.26or the executor, administrator, or personal representative of the resident or nonresident
7.27growing out of the use and operation of a motor vehicle within this state, resulting in
7.28damages or loss to person or property, whether the damage or loss occurs on a highway or
7.29on abutting public or private property. This appointment is binding upon the nonresident's
7.30executor, administrator, or personal representative. The use or operation of a motor
7.31vehicle by the resident or nonresident is a signification of agreement that any process in
7.32any action against the resident or nonresident or executor, administrator, or personal
7.33representative of the resident or nonresident that is so served has the same legal force
7.34and validity as if served upon the resident or nonresident personally or on the executor,
7.35administrator, or personal representative of the resident or nonresident. Service of process
7.36must be made by serving a copy thereof upon the commissioner or by filing a copy in the
8.1commissioner's office, together with payment of a fee of $20, and is deemed sufficient
8.2service upon the absent resident or the nonresident or the executor, administrator, or
8.3personal representative of the resident or nonresident; provided that notice of service and
8.4a copy of the process are sent by mail by the plaintiff within ten days to the defendant
8.5at the defendant's last known address and that the plaintiff's affidavit of compliance with
8.6the provisions of this chapter is attached to the summons.
8.7 Subd. 17. Information access by vehicle owners. Ifan accident a collision report
8.8has been prepared by a person involved inan accident a collision and no report has been
8.9prepared by a law enforcement officer, the owners of the vehicles involved inan accident
8.10 a collision shall have the same access to information maintained by the Department of
8.11Public Safety, Driver and Vehicle Services Division, about the vehicles, their owners,
8.12and their drivers that would have been available to a law enforcement officer reporting
8.13on theaccident collision.
8.14 Subd. 18. Continuance of court proceeding; costs. The court in which the
8.15action is pending may order a continuance as may be necessary to afford the defendant
8.16reasonable opportunity to defend the action, not exceeding 90 days from the date of filing
8.17of the action in that court. The fee of $20 paid by the plaintiff to the commissioner at the
8.18time of service of the proceedings must be taxed in the plaintiff's cost if the plaintiff
8.19prevails in the suit. The commissioner shall keep a record of all processes so served,
8.20which must show the day and hour of service.
8.21 Sec. 2. Minnesota Statutes 2012, section 609.21, subdivision 1, is amended to read:
8.22 Subdivision 1. Criminal vehicular homicide or operation; crime described. A
8.23person is guilty of criminal vehicular homicide or operation and may be sentenced as
8.24provided in subdivision 1a, if the person causes injury to or the death of another as a
8.25result of operating a motor vehicle:
8.26 (1) in a grossly negligent manner;
8.27 (2) in a negligent manner while under the influence of:
8.28 (i) alcohol;
8.29 (ii) a controlled substance; or
8.30 (iii) any combination of those elements;
8.31 (3) while having an alcohol concentration of 0.08 or more;
8.32 (4) while having an alcohol concentration of 0.08 or more, as measured within
8.33two hours of the time of driving;
8.34 (5) in a negligent manner while knowingly under the influence of a hazardous
8.35substance;
9.1 (6) in a negligent manner while any amount of a controlled substance listed in
9.2Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is
9.3present in the person's body;
9.4 (7) where the driver who causes theaccident collision leaves the scene of the
9.5accident collision in violation of section
169.09, subdivision 1 or 6; or
9.6 (8) where the driver had actual knowledge that a peace officer had previously issued
9.7a citation or warning that the motor vehicle was defectively maintained, the driver had
9.8actual knowledge that remedial action was not taken, the driver had reason to know that
9.9the defect created a present danger to others, and the injury or death was caused by the
9.10defective maintenance.
1.3collisions; making a terminology change;amending Minnesota Statutes 2012,
1.4sections 169.09; 609.21, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 169.09, is amended to read:
1.7169.09
1.8 Subdivision 1. Driver to stop for
1.9of any motor vehicle involved in
1.10
1.11at the scene of the
1.12
1.13to know the collision resulted in injury to or death of any individual, the driver in every
1.14event shall remain at the scene of the
1.15the requirements of this section as to the giving of information. The stop must be made
1.16without unnecessarily obstructing traffic.
1.17 Subd. 2. Driver to stop for
1.18The driver of any motor vehicle involved in
1.19
1.20
1.21
1.22know the collision involves damage to a vehicle driven or attended by an individual, the
1.23driver in every event shall remain at the scene of the
2.1fulfilled the requirements of this section as to the giving of information. The stop must be
2.2made without unnecessarily obstructing traffic.
2.3 Subd. 3. Driver to give information. (a) The driver of any motor vehicle involved
2.4in
2.5bodily injury to or death of any individual, or damage to any vehicle driven or attended by
2.6any individual, shall
2.7registration plate number of the vehicle being driven. The driver shall, upon request and if
2.8available, exhibit the driver's license or permit to drive to the individual struck or the driver
2.9or occupant of or individual attending any vehicle collided with. The driver also shall give
2.10the information and upon request exhibit the license or permit to any peace officer at the
2.11scene of the
2.12shall render reasonable assistance to any individual injured in the
2.13(b) If not given at the scene of the
2.14the accident, shall give, on request to any individual involved in the
2.15to a peace officer investigating the
2.16providing vehicle liability insurance coverage, and the local insurance agent for the insurer.
2.17 Subd. 4. Collision with unattended vehicle. The driver of any motor vehicle
2.18
2.19immediately stop the vehicle at the scene of the collision, or as close to the scene as
2.20possible, and reasonably investigate what was struck. If the driver knows or has reason to
2.21know the collision resulted in damage to any unattended vehicle, the driver must either
2.22locate and notify the driver or owner of the vehicle of the name and address of the driver
2.23and registered owner of the vehicle striking the unattended vehicle,
2.24same information to a peace officer, or
2.25to the vehicle struck, a written notice giving the name and address of the driver and of
2.26the registered owner of the vehicle doing the striking. The stop must be made without
2.27unnecessarily obstructing traffic.
2.28 Subd. 5. Notify owner of damaged property. If the driver of any vehicle involved
2.29in
2.30 only in damage to fixtures legally upon or adjacent to a highway, the driver shall take
2.31reasonable steps to locate and notify the owner or person in charge of the property of that
2.32fact, of the driver's name and address, and of the registration plate number of the vehicle
2.33being driven and shall, upon request and if available, exhibit the driver's license, and make
2.34report of the
2.35as a report made pursuant to subdivision 7.
3.1 Subd. 5a. Driver deemed agent of owner. Whenever any motor vehicle shall be
3.2operated within this state, by any person other than the owner, with the consent of the
3.3owner, express or implied, the operator thereof shall in case of
3.4deemed the agent of the owner of such motor vehicle in the operation thereof.
3.5 Subd. 6. Notice of personal injury. The driver of a vehicle involved in
3.6 a collision resulting in bodily injury to or death of any individual shall, after compliance
3.7with this section and by the quickest means of communication, give notice of the
3.8
3.9municipality, to a State Patrol officer if the
3.10or to the office of the sheriff of the county.
3.11 Subd. 7.
3.12involved in
3.13or total property damage to an apparent extent of $1,000 or more, shall forward a written
3.14report of the
3.15the
3.16with the name and policy number of the insurer providing vehicle liability insurance
3.17coverage at the time of the
3.18(b) On determining that the original report of any driver of a vehicle involved in
3.19
3.20the commissioner of public safety may require the driver to file supplementary information.
3.21 Subd. 8. Officer to report
3.22who, in the regular course of duty, investigates
3.23reported under this section shall, within ten days after the date of the
3.24forward an electronic or written report of the
3.25commissioner of public safety.
3.26 Subd. 9.
3.27shall prescribe the format for the
3.28Upon request the commissioner shall make available the format to police departments,
3.29coroners, sheriffs, garages, and other suitable agencies or individuals. The electronic
3.30or written report to be completed by individuals involved in
3.31by investigating peace officers must disclose the causes, existing conditions, and the
3.32individuals and vehicles involved.
3.33 Subd. 11. Coroner to report death. Every coroner or other official performing
3.34like functions shall report in writing to the commissioner of public safety the death of
3.35any individual within the coroner's jurisdiction as the result of
4.1 involving a vehicle and the circumstances of the
4.2be made within 15 days after the death.
4.3In the case of drivers killed in vehicle
4.4pedestrians 16 years of age or older, who die within four hours after
4.5the coroner or other official performing like functions shall examine the body and shall
4.6make tests as are necessary to determine the presence and percentage concentration of
4.7alcohol, and drugs if feasible, in the blood of the victim. This information must be
4.8included in each report submitted pursuant to the provisions of this subdivision and shall
4.9be tabulated on a monthly basis by the commissioner of public safety. This information
4.10may be used only for statistical purposes that do not reveal the identity of the deceased.
4.11 Subd. 12. Garage to report bullet damage. The individual in charge of any
4.12garage or repair shop to which is brought any vehicle that shows evidence of having
4.13been struck by any bullet shall immediately report to the local police or sheriff and to
4.14the commissioner of public safety within 24 hours after the vehicle is received, giving
4.15the engine number if any, registration plate number, and the name and address of the
4.16registered owner or operator of the vehicle.
4.17 Subd. 13. Reports confidential; evidence, fee, penalty, appropriation. (a) All
4.18reports and supplemental information required under this section must be for the use of the
4.19commissioner of public safety and other appropriate state, federal, county, and municipal
4.20governmental agencies for accident analysis purposes, except:
4.21(1) upon written request, the commissioner of public safety or any law enforcement
4.22agency shall disclose the report required under subdivision 8 to:
4.23(i) any individual involved in the
4.24individual's estate, or the surviving spouse, or one or more surviving next of kin, or a
4.25trustee appointed under section
4.26(ii) any other person injured in person, property, or means of support, or who incurs
4.27other pecuniary loss by virtue of the
4.28(iii) legal counsel of a person described in item (i) or (ii); or
4.29(iv) a representative of the insurer of any person described in item (i) or (ii);
4.30(2) the commissioner of public safety shall, upon written request, provide the driver
4.31filing a report under subdivision 7 with a copy of the report filed by the driver;
4.32(3) the commissioner of public safety may verify with insurance companies vehicle
4.33insurance information to enforce sections
4.34(4) the commissioner of public safety shall provide the commissioner of transportation
4.35the information obtained for each traffic
4.36vehicle, for purposes of administering commercial vehicle safety regulations;
5.1(5) upon specific request, the commissioner of public safety shall provide the
5.2commissioner of transportation the information obtained regarding each traffic
5.3 collision involving damage to identified state-owned infrastructure, for purposes of debt
5.4collection under section
5.5(6) the commissioner of public safety may give to the United States Department of
5.6Transportation commercial vehicle
5.7federal grant programs relating to safety.
5.8(b)
5.9under any provision of law or rule of court. No report shall be used as evidence in any
5.10trial, civil or criminal, or any action for damages or criminal proceedings arising out of
5.11
5.12the demand of any person who has or claims to have made a report or upon demand of
5.13any court, a certificate showing that a specified
5.14been made to the commissioner solely to prove compliance or failure to comply with the
5.15requirements that the report be made to the commissioner.
5.16(c) Nothing in this subdivision prevents any individual who has made a report under
5.17this section from providing information to any individuals involved in
5.18collision or their representatives or from testifying in any trial, civil or criminal, arising
5.19out of
5.20by this subdivision to render privileged the reports required, but it is not intended to
5.21prohibit proof of the facts to which the reports relate.
5.22(d) Disclosing any information contained in any
5.23as provided in this subdivision, section
5.24misdemeanor.
5.25(e) The commissioner of public safety shall charge authorized persons as described
5.26in paragraph (a) a $5 fee for a copy of
5.27the $5 fee collected under this paragraph must be deposited in the special revenue fund
5.28and credited to the driver services operating account established in section
5.29ten percent must be deposited in the general fund. The commissioner may also furnish
5.30an electronic copy of the database of
5.31personal or private data on an individual, to private agencies as provided in paragraph (g),
5.32for not less than the cost of preparing the copies on a bulk basis as provided in section
5.34(f) The fees specified in paragraph (e) notwithstanding, the commissioner and law
5.35enforcement agencies shall charge commercial users who request access to response
5.36or incident data relating to
6.1"Commercial user" is a user who in one location requests access to data in more than
6.2five
6.3for a commercial purpose. Of the money collected by the commissioner under this
6.4paragraph, 90 percent must be deposited in the special revenue fund and credited to the
6.5driver services operating account established in section
6.6be deposited in the general fund.
6.7(g) The fees in paragraphs (e) and (f) notwithstanding, the commissioner shall
6.8provide an electronic copy of the
6.9case-by-case basis using the cost-recovery charges provided for under section
6.10subdivision 3
6.11individual. However, unless the
6.12identification number, the commissioner shall include the vehicle registration plate number
6.13if a private agency certifies and agrees that the agency:
6.14(1) is in the business of collecting
6.15vehicles;
6.16(2) will use the vehicle registration plate number only for identifying vehicles that
6.17have been involved in
6.18persons seeking access to a vehicle's history and not for identifying individuals or for any
6.19other purpose; and
6.20(3) will be subject to the penalties and remedies under sections
6.21 Subd. 14. Penalties. (a) The driver of any vehicle who violates subdivision 1 or 6
6.22and who did not cause the
6.23(1) if the
6.24of a felony and may be sentenced to imprisonment for not more than three years, or to
6.25payment of a fine of not more than $5,000, or both;
6.26(2) if the
6.27in section
6.28to imprisonment for not more than two years, or to payment of a fine of not more than
6.29$4,000, or both; or
6.30(3) if the
6.31defined in section
6.32for not more than one year, or to payment of a fine of not more than $3,000, or both.
6.33(b) The driver of any vehicle involved in
6.34substantial bodily harm or death who violates subdivision 1 or 6 may be sentenced
6.35to imprisonment for not more than one year, or to payment of a fine of not more than
6.36$3,000, or both.
7.1(c) Any person who violates subdivision 2, 3, 4, 5, 7, 8, 11, or 12 is guilty of a
7.2misdemeanor.
7.3(d) The attorney in the jurisdiction in which the violation occurred who is responsible
7.4for prosecution of misdemeanor violations of this section shall also be responsible for
7.5prosecution of gross misdemeanor violations of this section.
7.6 Subd. 14a. Suspension of license for failure to report
7.7commissioner may suspend the license, or any nonresident's operating privilege, of any
7.8person who willfully fails, refuses, or neglects to make report of a traffic
7.9 as required by the laws of this state. A license suspension under this section is subject to
7.10the notice requirements of section
7.11 Subd. 15. Defense. (a) It is an affirmative defense to prosecution under subdivisions
7.121, 2, and 6 that the driver left the scene of the
7.13suffering immediately demonstrable bodily injury in the
7.14emergency medical care if the driver of the involved vehicle gives notice to a law
7.15enforcement agency as required by subdivision 6 as soon as reasonably feasible after the
7.16emergency medical care has been undertaken.
7.17(b) When the collision involves a person or another vehicle, mistake as to what was
7.18struck is not a defense for failure to stop and investigate.
7.19 Subd. 16. Commissioner as agent for service of process. The use and operation by
7.20a resident of this state or the resident's agent, or by a nonresident or the nonresident's agent,
7.21of a motor vehicle within the state of Minnesota, is deemed an irrevocable appointment
7.22by the resident if absent from this state continuously for six months or more following
7.23
7.24safety to be the resident's or nonresident's true and lawful attorney upon whom may be
7.25served all legal process in any action or proceeding against the resident or nonresident
7.26or the executor, administrator, or personal representative of the resident or nonresident
7.27growing out of the use and operation of a motor vehicle within this state, resulting in
7.28damages or loss to person or property, whether the damage or loss occurs on a highway or
7.29on abutting public or private property. This appointment is binding upon the nonresident's
7.30executor, administrator, or personal representative. The use or operation of a motor
7.31vehicle by the resident or nonresident is a signification of agreement that any process in
7.32any action against the resident or nonresident or executor, administrator, or personal
7.33representative of the resident or nonresident that is so served has the same legal force
7.34and validity as if served upon the resident or nonresident personally or on the executor,
7.35administrator, or personal representative of the resident or nonresident. Service of process
7.36must be made by serving a copy thereof upon the commissioner or by filing a copy in the
8.1commissioner's office, together with payment of a fee of $20, and is deemed sufficient
8.2service upon the absent resident or the nonresident or the executor, administrator, or
8.3personal representative of the resident or nonresident; provided that notice of service and
8.4a copy of the process are sent by mail by the plaintiff within ten days to the defendant
8.5at the defendant's last known address and that the plaintiff's affidavit of compliance with
8.6the provisions of this chapter is attached to the summons.
8.7 Subd. 17. Information access by vehicle owners. If
8.8has been prepared by a person involved in
8.9prepared by a law enforcement officer, the owners of the vehicles involved in
8.10 a collision shall have the same access to information maintained by the Department of
8.11Public Safety, Driver and Vehicle Services Division, about the vehicles, their owners,
8.12and their drivers that would have been available to a law enforcement officer reporting
8.13on the
8.14 Subd. 18. Continuance of court proceeding; costs. The court in which the
8.15action is pending may order a continuance as may be necessary to afford the defendant
8.16reasonable opportunity to defend the action, not exceeding 90 days from the date of filing
8.17of the action in that court. The fee of $20 paid by the plaintiff to the commissioner at the
8.18time of service of the proceedings must be taxed in the plaintiff's cost if the plaintiff
8.19prevails in the suit. The commissioner shall keep a record of all processes so served,
8.20which must show the day and hour of service.
8.21 Sec. 2. Minnesota Statutes 2012, section 609.21, subdivision 1, is amended to read:
8.22 Subdivision 1. Criminal vehicular homicide or operation; crime described. A
8.23person is guilty of criminal vehicular homicide or operation and may be sentenced as
8.24provided in subdivision 1a, if the person causes injury to or the death of another as a
8.25result of operating a motor vehicle:
8.26 (1) in a grossly negligent manner;
8.27 (2) in a negligent manner while under the influence of:
8.28 (i) alcohol;
8.29 (ii) a controlled substance; or
8.30 (iii) any combination of those elements;
8.31 (3) while having an alcohol concentration of 0.08 or more;
8.32 (4) while having an alcohol concentration of 0.08 or more, as measured within
8.33two hours of the time of driving;
8.34 (5) in a negligent manner while knowingly under the influence of a hazardous
8.35substance;
9.1 (6) in a negligent manner while any amount of a controlled substance listed in
9.2Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is
9.3present in the person's body;
9.4 (7) where the driver who causes the
9.5
9.6 (8) where the driver had actual knowledge that a peace officer had previously issued
9.7a citation or warning that the motor vehicle was defectively maintained, the driver had
9.8actual knowledge that remedial action was not taken, the driver had reason to know that
9.9the defect created a present danger to others, and the injury or death was caused by the
9.10defective maintenance.
