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97B.066.2(b)
Statute ID:
16492
Statute Function ID:
34735
Hunting While Prohibited Because of Refusal to Test
In Effect
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Function Details
History
Text
Charge
Classifications
Offense Level:
Misdemeanor (M)
General Offense Code:
Other (9)
Offense Summary Code & Rank:
Other/Status/Misc (M) (Rank 30)
Detailed Offense Code:
Alcohol Related Fish and Game (991.01)
Offense Severity Level:
Function Text:
UCR Code
Description
90Z
All Other Offenses
Flags
Crime of Violence:
No
Targeted Misdemeanor:
No
Predatory Offender Registration Review:
No
Enhanceable:
No
Certify to DPS:
No
Report to DNR:
Yes
DPS Group:
No
Conditional Release:
No
Payable:
No
Petty Misdemeanor Only if Prosecutor Certifies:
No
Third Violation Indicator:
No
Qualified Domestic Violence Related:
No
Nonviolent Controlled Substance Offender Review:
No
Wildlife Restitution:
Yes
Statute Number:
97B.066.2(b)
Enactment Date:
May 23, 2017
Effective Date:
Jul 1, 2017
Expiration Date:
Repealed?:
No
Summary Text:
Hunting While Prohibited Because of Refusal to Test
Statute ID:
16492
Created:
Jun 13, 2017 by mnjis.legal.analyst@state.mn.us
Updated:
Jun 13, 2017 by mnjis.legal.analyst@state.mn.us
Last Update Action:
Added
Legal Analyst Comment:
Amend 2017 c 83 art 3 s 3; Amendment to (a); Effective 07/01/2017
Summary Text:
Hunting While Prohibited Because of Refusal to Test
Link to MN Statute Text:
https://www.revisor.leg.state.mn.us/stats/97B/066.html
Legislative Session:
2017 - Regular
Session Law Text?:
No
Statute text last updated on:
Jun 13, 2017
(a) If a person refuses to take a test required under subdivision 1, none must be given but the officer authorized to make arrests under section 97B.065, subdivision 2, shall report the refusal to the commissioner of natural resources and to the authority having responsibility for prosecution of misdemeanor offenses for the jurisdiction in which the incident occurred that gave rise to the test demand and refusal. On certification by the officer that probable cause existed to believe the person had been hunting while under the influence of alcohol or a controlled substance, that in the case of a blood or urine test the officer was acting pursuant to a search warrant, and that the person refused to submit to testing, the commissioner shall impose a civil penalty of $500 and shall prohibit the person from hunting for one year. On behalf of the commissioner, an officer requiring a test or directing the administration of a test shall serve on a person who refused to permit a test immediate notice of intention to prohibit the person from hunting, and to impose the civil penalty set forth in this subdivision. If the officer fails to serve a notice of intent to suspend hunting privileges, the commissioner may notify the person by certified mail to the address on the license of the person. The notice must advise the person of the right to obtain administrative and judicial review as provided in this section. The prohibition imposed by the commissioner takes effect ten days after receipt of the notice. The civil penalty is imposed 30 days after receipt of the notice or upon return of the certified mail to the commissioner, and must be paid within 30 days of imposition. (b) A person who hunts during the period the person is prohibited from hunting as provided under paragraph (a) is guilty of a misdemeanor.
