1.1.................... moves to amend H.F. No. 1657, the delete everything amendment
1.2(H1657DE1), as follows:
1.3Page 2, line 13, delete "supreme"
1.4Page 2, line 14, delete "court" and insert "chief justice"
1.5Page 2, line 23, delete "Drug Court Grants." and insert "Federal Stimulus Funds."
1.6Page 3, after line 32, insert:
1.7"Agency lobbyists. No portion of this
1.8appropriation may be used to pay the salary
1.9or fee of a person retained to serve as the
1.10board's legislative liaison or lobbyist."
1.11Page 7, delete lines 16 to 19
1.12Page 8, delete lines 19 to 22
1.13Page 11, after line 3, insert:
1.14"(c) Agency lobbyists. No portion of this
1.15appropriation may be used to pay the salary
1.16or fee of a person retained to serve as the
1.17board's legislative liaison or lobbyist."
1.18Page 21, line 16, after the first "crime" insert "; motor vehicles"
1.19Page 21, line 18, after "boats" insert "in operation"
1.20Page 22, line 3, after "motorboat" insert "in operation"
1.21Page 22, line 4, delete everything after "motorboat" insert "in operation"
1.22Page 22, line 5, delete "subdivision 9,"
1.23Page 22, line 10, delete "motor vehicle" and insert "motorboat"
1.24Page 22, line 14, delete "motor vehicle" and insert "motorboat"
1.25Page 22, line 15, after the semicolon, insert "or"
1.26Page 22, line 16, delete everything after "(6)"
1.27Page 22, delete lines 17 and 18
2.1Page 22, line 19, delete "(7)"
2.2Page 22, line 25, after "snowmobile" insert "as defined in section 84.81, subdivision
2.33,"
2.4Page 22, line 26, after "vehicle" insert "as defined in section 84.92, subdivision 8,"
2.5Page 22, line 31, delete "motor vehicle" and insert "snowmobile or all-terrain
2.6vehicle"
2.7Page 23, line 2, delete "motor vehicle" and insert "snowmobile or all-terrain vehicle"
2.8Page 23, line 3, after the semicolon, insert "or"
2.9Page 23, line 4, delete everything after "(6)"
2.10Page 23, delete lines 5 and 6
2.11Page 23, line 7, delete "(7)"
2.12Page 23, line 21, delete "motor vehicle" and insert "off-highway motorcycle or
2.13off-road vehicle"
2.14Page 23, line 25, delete "motor vehicle" and insert "off-highway motorcycle or
2.15off-road vehicle"
2.16Page 23, line 26, after the semicolon, insert "or"
2.17Page 23, line 27, delete everything after "(6)"
2.18Page 23, delete lines 28 and 29
2.19Page 23, line 30, delete "(7)"
2.20Page 23, after line 32, insert:

2.21    "Sec. 13. Minnesota Statutes 2008, section 169A.25, subdivision 1, is amended to read:
2.22    Subdivision 1. Degree described. (a) A person who violates section 169A.20,
2.23subdivision 1 , 1a, 1b, or 1c (driving while impaired crime), is guilty of second-degree
2.24driving while impaired if two or more aggravating factors were present when the violation
2.25was committed.
2.26    (b) A person who violates section 169A.20, subdivision 2 (refusal to submit to
2.27chemical test crime), is guilty of second-degree driving while impaired if one aggravating
2.28factor was present when the violation was committed.
2.29EFFECTIVE DATE.This section is effective July 1, 2009.

2.30    Sec. 14. Minnesota Statutes 2008, section 169A.26, subdivision 1, is amended to read:
2.31    Subdivision 1. Degree described. (a) A person who violates section 169A.20,
2.32subdivision 1 , 1a, 1b, or 1c (driving while impaired crime), is guilty of third-degree driving
2.33while impaired if one aggravating factor was present when the violation was committed.
2.34    (b) A person who violates section 169A.20, subdivision 2 (refusal to submit to
2.35chemical test crime), is guilty of third-degree driving while impaired.
3.1EFFECTIVE DATE.This section is effective July 1, 2009.

3.2    Sec. 15. Minnesota Statutes 2008, section 169A.27, subdivision 1, is amended to read:
3.3    Subdivision 1. Degree described. A person who violates section 169A.20,
3.4subdivision 1, 1a, 1b, or 1c (driving while impaired crime), is guilty of fourth-degree
3.5driving while impaired.
3.6EFFECTIVE DATE.This section is effective July 1, 2009.

3.7    Sec. 16. Minnesota Statutes 2008, section 169A.28, subdivision 2, is amended to read:
3.8    Subd. 2. Permissive consecutive sentences; multiple offenses. (a) When a person
3.9is being sentenced for a violation of a provision listed in paragraph (e), the court may
3.10sentence the person to a consecutive term of imprisonment for a violation of any other
3.11provision listed in paragraph (e), notwithstanding the fact that the offenses arose out of the
3.12same course of conduct, subject to the limitation on consecutive sentences contained in
3.13section 609.15, subdivision 2, and except as provided in paragraphs (b) and (c).
3.14    (b) When a person is being sentenced for a violation of section 171.09 (violation
3.15of condition of restricted license), 171.20 (operation after revocation, suspension,
3.16cancellation, or disqualification), 171.24 (driving without valid license), or 171.30
3.17(violation of condition of limited license), the court may not impose a consecutive sentence
3.18for another violation of a provision in chapter 171 (drivers' licenses and training schools).
3.19    (c) When a person is being sentenced for a violation of section 169.791 (failure to
3.20provide proof of insurance) or 169.797 (failure to provide vehicle insurance), the court
3.21may not impose a consecutive sentence for another violation of a provision of sections
3.22169.79 to 169.7995.
3.23    (d) This subdivision does not limit the authority of the court to impose consecutive
3.24sentences for crimes arising on different dates or to impose a consecutive sentence when
3.25a person is being sentenced for a crime and is also in violation of the conditions of
3.26a stayed or otherwise deferred sentence under section 609.135 (stay of imposition or
3.27execution of sentence).
3.28    (e) This subdivision applies to misdemeanor and gross misdemeanor violations of
3.29the following if the offender has two or more prior impaired driving convictions within
3.30the past ten years:
3.31    (1) section 169A.20, subdivision 1, 1a, 1b, or 1c (driving while impaired; impaired
3.32driving offenses);
3.33    (2) section 169A.20, subdivision 2 (driving while impaired; test refusal offense);
3.34    (3) section 169.791;
4.1    (4) section 169.797;
4.2    (5) section 171.09 (violation of condition of restricted license);
4.3    (6) section 171.20, subdivision 2 (operation after revocation, suspension,
4.4cancellation, or disqualification);
4.5    (7) section 171.24; and
4.6    (8) section 171.30.
4.7EFFECTIVE DATE.This section is effective July 1, 2009."
4.8Page 24, after line 31, insert:

4.9    "Sec. 18. Minnesota Statutes 2008, section 169A.46, subdivision 1, is amended to read:
4.10    Subdivision 1. Impairment occurred after driving ceased. If proven by a
4.11preponderance of the evidence, it is an affirmative defense to a violation of section
4.12169A.20, subdivision 1 , clause (5); 1a, clause (5); 1b, clause (5); or 1c, clause (5) (driving
4.13while impaired, alcohol concentration within two hours of driving), or 169A.20 by a
4.14person having an alcohol concentration of 0.20 or more as measured at the time, or within
4.15two hours of the time, of the offense, that the defendant consumed a sufficient quantity
4.16of alcohol after the time of the violation and before the administration of the evidentiary
4.17test to cause the defendant's alcohol concentration to exceed the level specified in the
4.18applicable clause. Evidence that the defendant consumed alcohol after the time of the
4.19violation may not be admitted in defense to any alleged violation of section 169A.20,
4.20unless notice is given to the prosecution prior to the omnibus or pretrial hearing in the
4.21matter.
4.22EFFECTIVE DATE.This section is effective July 1, 2009.

4.23    Sec. 19. Minnesota Statutes 2008, section 169A.54, subdivision 1, is amended to read:
4.24    Subdivision 1. Revocation periods for DWI convictions. Except as provided in
4.25subdivision 7, the commissioner shall revoke the driver's license of a person convicted
4.26of violating section 169A.20 (driving while impaired) or an ordinance in conformity
4.27with it, as follows:
4.28    (1) for an offense under section 169A.20, subdivision 1 (driving while impaired
4.29crime): not less than 30 days;
4.30    (2) for an offense under section 169A.20, subdivision 2 (refusal to submit to
4.31chemical test crime): not less than 90 days;
4.32    (3) for an offense occurring within ten years of a qualified prior impaired driving
4.33incident:
4.34    (i) if the current conviction is for a violation of section 169A.20, subdivision 1,
4.351a, 1b, or 1c , not less than 180 days and until the court has certified that treatment
5.1or rehabilitation has been successfully completed where prescribed in accordance with
5.2section 169A.70 (chemical use assessments); or
5.3    (ii) if the current conviction is for a violation of section 169A.20, subdivision 2, not
5.4less than one year and until the court has certified that treatment or rehabilitation has been
5.5successfully completed where prescribed in accordance with section 169A.70;
5.6    (4) for an offense occurring within ten years of the first of two qualified prior
5.7impaired driving incidents: not less than one year, together with denial under section
5.8171.04, subdivision 1 , clause (10), until rehabilitation is established in accordance with
5.9standards established by the commissioner; or
5.10    (5) for an offense occurring within ten years of the first of three or more qualified
5.11prior impaired driving incidents: not less than two years, together with denial under
5.12section 171.04, subdivision 1, clause (10), until rehabilitation is established in accordance
5.13with standards established by the commissioner.
5.14EFFECTIVE DATE.This section is effective July 1, 2009."
5.15Page 27, line 25, reinstate the stricken language and delete the new language
5.16Page 38, after line 28, insert:

5.17    "Sec. 28. Minnesota Statutes 2008, section 609.035, subdivision 2, is amended to read:
5.18    Subd. 2. Consecutive sentences. (a) When a person is being sentenced for a
5.19violation of a provision listed in paragraph (e), the court may sentence the person to a
5.20consecutive term of imprisonment for a violation of any other provision listed in paragraph
5.21(e), notwithstanding the fact that the offenses arose out of the same course of conduct,
5.22subject to the limitation on consecutive sentences contained in section 609.15, subdivision
5.232 , and except as provided in paragraphs (b), (c), and (f) of this subdivision.
5.24    (b) When a person is being sentenced for a violation of section 171.09, 171.20,
5.25171.24 , or 171.30, the court may not impose a consecutive sentence for another violation
5.26of a provision in chapter 171.
5.27    (c) When a person is being sentenced for a violation of section 169.791 or 169.797,
5.28the court may not impose a consecutive sentence for another violation of a provision
5.29of sections 169.79 to 169.7995.
5.30    (d) This subdivision does not limit the authority of the court to impose consecutive
5.31sentences for crimes arising on different dates or to impose a consecutive sentence when a
5.32person is being sentenced for a crime and is also in violation of the conditions of a stayed
5.33or otherwise deferred sentence under section 609.135.
5.34    (e) This subdivision applies to misdemeanor and gross misdemeanor violations of
5.35the following if the offender has two or more prior impaired driving convictions as defined
5.36in section 169A.03 within the past ten years:
6.1    (1) section 169A.20, subdivision 1, 1a, 1b, or 1c , driving while impaired;
6.2    (2) section 169A.20, subdivision 2, test refusal;
6.3    (3) section 169.791, failure to provide proof of insurance;
6.4    (4) section 169.797, failure to provide vehicle insurance;
6.5    (5) section 171.09, violation of condition of restricted license;
6.6    (6) section 171.20, subdivision 2, operation after revocation, suspension,
6.7cancellation, or disqualification;
6.8    (7) section 171.24, driving without valid license; and
6.9    (8) section 171.30, violation of condition of limited license.
6.10    (f) When a court is sentencing an offender for a violation of section 169A.20 and a
6.11violation of an offense listed in paragraph (e), and the offender has five or more qualified
6.12prior impaired driving incidents, as defined in section 169A.03, within the past ten years,
6.13the court shall sentence the offender to serve consecutive sentences for the offenses,
6.14notwithstanding the fact that the offenses arose out of the same course of conduct. "
6.15Renumber the sections in sequence and correct internal references
6.16Correct the title numbers accordingly