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609.035.2

Statute ID: 18850

Statute Function ID: 38365

Crimes Punishable Under Different Provisions-When Consecutive Sentences Allowed-Traffic/DUI

In Effect

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Details are only available for Penalty and Charging Statutes.

Statute Number:

609.035.2

Enactment Date:

Apr 18, 2023

Effective Date:

Aug 1, 2023

Expiration Date:

Repealed?:

Summary Text:

Crimes Punishable Under Different Provisions-When Consecutive Sentences Allowed-Traffic/DUI

Statute ID:

18850

Created:

Jul 3, 2023 by mnjis.legal.analyst@state.mn.us

Updated:

Jul 3, 2023 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Added

Legal Analyst Comment:

Amended 2023 Art 187 Sect187; Effective 08/01/2023; Amendment to (e)(1)

Summary Text:

Crimes Punishable Under Different Provisions-When Consecutive Sentences Allowed-Traffic/DUI

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/609/035.html

Legislative Session:

2023 - Regular

Session Law Text?:

Statute text last updated on:

Jul 3, 2023

(a) When a person is being sentenced for a violation of a provision listed in paragraph (e), the court may sentence the person to a consecutive term of imprisonment for a violation of any other provision listed in paragraph (e), notwithstanding the fact that the offenses arose out of the same course of conduct, subject to the limitation on consecutive sentences contained in section 609.15, subdivision 2, and except as provided in paragraphs (b), (c), and (f) of this subdivision.

(b) When a person is being sentenced for a violation of section 171.09, 171.20, 171.24, or 171.30, the court may not impose a consecutive sentence for another violation of a provision in chapter 171.

(c) When a person is being sentenced for a violation of section 169.791 or 169.797, the court may not impose a consecutive sentence for another violation of a provision of sections 169.79 to 169.7995.

(d) This subdivision does not limit the authority of the court to impose consecutive sentences for crimes arising on different dates or to impose a consecutive sentence when a person is being sentenced for a crime and is also in violation of the conditions of a stayed or otherwise deferred sentence under section 609.135.

(e) This subdivision applies to misdemeanor and gross misdemeanor violations of the following if the offender has two or more prior impaired driving convictions as defined in section 169A.03 within the past ten years:

(1) section 169A.20, subdivision 1, driving while impaired;

(2) section 169A.20, subdivision 2, test refusal;

(3) section 169.791, failure to provide proof of insurance;

(4) section 169.797, failure to provide vehicle insurance;

(5) section 171.09, violation of condition of restricted license;

(6) section 171.20, subdivision 2, operation after revocation, suspension, cancellation, or disqualification;

(7) section 171.24, driving without valid license; and

(8) section 171.30, violation of condition of limited license.

(f) When a court is sentencing an offender for a violation of section 169A.20 and a violation of an offense listed in paragraph (e), and the offender has five or more qualified prior impaired driving incidents, as defined in section 169A.03, within the past ten years, the court shall sentence the offender to serve consecutive sentences for the offenses, notwithstanding the fact that the offenses arose out of the same course of conduct.