Law changes that are applicable to MCAO

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Randolph O’Connor’
8 years ago
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1 Law changes that are applicable to MCAO

2 What Passed First, the earth shakers

3 .16 MN 169A.03. Aggravating factor. MN 169A.07 FIRST TIME DWI VIOLATOR; OFF-ROAD VEHICLE OR BOAT MN 169A.275, Subd. 5. Level of care recommended in chemical use assessment. MN 169A.285, Subd. 1. Authority; amount MN 169A.46. Subd. 1. Impairment occurred after driving ceased. The aggravating factor of driving with a BAC of.20 or more has been lowered to.16 or more. Other statutes that cited the.20 amount modified to.16. Effective August 1, 2015.

4 What Passed Now the rest

5 Electronic Insurance cards MN Subd. 1. Terms defined. MN , Subd. 2. Requirement for driver, whether or not owner. These subdivisions were amended to clarify that insurance card includes cards in electronic format so that it matches the intent behind MN 65B. Subdivision 2 specifically states that a driver who displays his card in electronic format does not give consent to an officer to access the contents of the electronic device.

6 Electronic Insurance cards 65B.482 INSURANCE IDENTIFICATION CARDS. Subdivision 1.Issuance of card. Every obligor transacting business in this state shall provide an insurance identification card for each vehicle covered at the time of initiating each policy of automobile insurance, as defined in section 65B.14, subdivision 2, and at the time of policy renewal. The insurance identification card may be provided in an electronic format if the insured agrees. When an insured has five or more vehicles registered in this state, the obligor may use the designation "all owned vehicles" on each identification card in lieu of a specified description. "Minnesota statute did not specifically prohibit the use of electronic proof, but it also didn't expressly allow it either," says Rep. Dan Fabien, who authored the bill. (District 1A Kittson/Roseau and parts of Marshall and Pennington Counties)

7 Bondsmen aren t cops don t pretend you are MN Subd. 3a. Bondsman or bail enforcement agent vehicle. MN UNIFORMS; PEACE OFFICERS, SECURITY GUARDS; COLOR New statutes define bail bondsmen and bail enforcement agent. Uniforms for bail bondsmen and bail enforcement agents may be any color except those authorized for peace officers. A violation of the color restriction is a petty misdemeanor. Bondsman/bail enforcement vehicles must be a different color than police vehicle and may not display markings in the form of a police shield, star or similar emblem.

9 Ammunition. MN Definitions MN Subd. 17. Ammunition. MN Subd. 1a. Certain convicted felons ineligible to possess firearms or ammunition. MN Subd. 1b. Violation and penalty. MN Subd. 1d. Judicial restoration of ability to possess firearms and ammunition by felon. MN Subd. 9. Applicable offenses. MN Subd 12. Ammunition. MN Subd 1. Ineligible person. MN Subd 1a. Ineligible to receive, ship, transport. MN Subd 2. Penalties. MN Subd 3. Notice. MN Subd 4. Restoration of firearms and ammunition eligibility to civilly committed person; petition authorized. MN EXEMPTIONS; ANTIQURES AND ORNAMENTS Missing? MN Carrying of weapons without a permit; penalties

10 Ammo, cont. Created new subdivisions adding ammunition to the various criminal definition lists. The rest of the subdivisions are amended to add ammunition to the list of prohibitions for convicted felons or other prohibited persons and adds the new crimes to the mandatory sentencing guidelines, notice, exemption and penalty provisions. Ammunition is now treated on equal footing with firearms for ineligible persons. Note: (Pistol without a permit) does not have similar language. You do not need a permit to have ammunition if you are not a prohibited party. Effective August 1, 2015

11 Firearm permits MN Subd. 16. Recognition of permits from other states. List of other states that are not similar to Minnesota is to be established by commissioner. A person holding a permit from a state not on the list may use the permit in Minnesota. Previously the commissioner kept a list of state s that were similar.

12 Buy your gun in Colorado MN GUN CONTROL; APPLICATION OF FEDERAL LAW The statute was amended allowing the expansion of lawful sales and purchases of firearms and ammunition from a contiguous state to any state notwithstanding any law to the contrary.

13 But don t buy a gun for a friend.. MN PURCHASING FIREARM ON BEHALF OF INELEIGIBLE PERSON New gross misdemeanor statute makes it a crime to purchase or transfer a firearm on behalf of a person known to be ineligible to possess a firearm. Also known as a Straw Purchase. Effective August 1, 2015

15 Blue Alerts MN BLUE ALERT SYSTEM New Statutes creates an alert system to aid in the identification, location and apprehension of individuals suspected of killing or seriously wounding law enforcement officers. It is a misdemeanor to knowingly make a false report that triggers an alert.

16 Better get your phone hooked up ahead of time MN IMPRISONMENT; COUNTY JAIL; ALTERNATIVES Two subdivisions were added to expand on electronic surveillance in the corrections context. If the court or sheriff permits an offender to serve any portion of a sentence on electronic surveillance, the court may require the offender be kept in custody until the surveillance is activated. It is the responsibility of the offender to ensure their residence is properly equipped for electronic surveillance.

17 Reckless Driving MN Subd. 1. Reckless driving. The subdivision has been amended, modifying the definition of reckless driving from the willful and wanton disregard standard to as follows: A person who drives a motor vehicle while aware of and consciously disregarding a substantial and unjustifiable risk that the driving may result in harm to another or another's property is guilty of reckless driving. The risk must be of such a nature and degree that disregard of it constitutes a significant deviation from the standard of conduct that a reasonable person would observe in the situation. New subdivision (c) states that a violation of reckless driving causing great bodily harm or death to another is guilty of a gross misdemeanor. Effective August 1, 2015.

18 To Catch a Predator MN , Subd. 1. Engaging in, hiring, or agreeing to hire minor to engage in prostitution; penalties. MN , Subd. 3a. No defense; undercover operative. Subdivision has been amended making it a crime to hire or offer to hire an individual the actor reasonably believes to be under the age of 18 to engage in sexual penetration or sexual contact. Furthermore, the fact that an undercover officer was involved in the detection or investigation of an offense is not a defense.

19 Prostitution defense Sex trafficking victim MN , Subd. 4. Affirmative defense. Subdivision was amended expanding the affirmative defense to a charge of prostitution by proving by preponderance of the evidence that the defendant committed the acts underlying the charge as a result of being a labor trafficking or sex trafficking victim. Previously they had to prove they were under compulsion by another who by explicit or implicit threats they would inflict bodily harm Effective August 1, 2015

20 CSC 5 MN Subd. 1. Crime defined. Subdivision amended to add to CSC fifth degree the intentional touching of seminal fluid or sperm by the actor to the complainant s body or clothing. Effective August 1, 2015

21 BLANK MN ADULTERATION BY BODILY FLUID New statute makes it a misdemeanor to add bodily fluid to a substance intended for human consumption. If the victim actually ingests the substance the crime is then a gross misdemeanor. Effective August 1, 2015

22 You get a petty, you get a petty MN PUNISHMENT FOR PROHIBITED ACTS Statute amended providing that the commission of any act prohibited by statute for which no penalty is imposed is a petty misdemeanor. Previously these acts were misdemeanors unless they were enacted or amended after September 1, Effective August 1, 2015

23 New names for narcotics MN Schedules of controlled substances; administration of chapter Schedule I, II, II, IV and V modified.

24 What Didn t Make it and will it be back next year?

25 Also called Dodging a bullet DWI License revocation affirmative defenses added to DWI. 169A.53, Subd. 3(10)(c) It is an affirmative defense for the petitioner to prove that, at the time of the refusal, the petitioner s refusal to permit the test was based upon reasonable grounds. Limited in the IC context because the State can appeal a District Court Order. Can you imagine if this became a question for a jury??! Officer required to immediately disclose PBT result to driver or driver s counsel upon request. If result not disclosed it may not be used in IC, DWI, underage drinking and driving cases.

26 Out there somewhere Drones Expansion of Ignition Interlock/Forfeiture exception Plate impoundment modifications Driver s licenses for persons unable to demonstrate lawful presence in the country Increased CVO penalties First Degree burglary for entering without consent in violation of an OFP Electronic Impersonation crime Body Cams classification of data Legal fireworks changes

27 What s in our future? Everything from that last slide

28 The 2014 Swami predicts From last year s presentation: Mental health system overhaul? Gun reform? Some Reform of Sex Offender program? DWI reform?.16? This I got right.

29 Questions? Christopher Dixon Supervising Attorney Criminal Division Minneapolis City Attorney s Office christopher.dixon@minneapolismn.gov (612)

Bill Comparison Summary of

Bill Comparison Summary of File 878 and Other Bills Prepared by: Research and Counsel, Research and Fiscal Analysis May 5, 2015 Table of Contents and Nonriders... 2 Article 2 (Courts)... 3 Article 3 (Public