HF3854

Purpose

This bill aims to improve public safety by creating and defining a formal offense called criminal vehicular homicide, increasing penalties when certain dangerous driving conditions cause a death, requiring driver education about these penalties, and providing funding to implement the changes.

Main Provisions

• Creates a defined offense called criminal vehicular homicide for deaths caused by operating a motor vehicle in specific ways.
• Defines when a person commits criminal vehicular homicide and the potential penalties.
• Requires driver education programs to teach about the penalties for criminal vehicular homicide.
• Allocates money to implement the act.
• Amends Minnesota Statutes 2024 section 609.2112 subdivision 1 by adding a new subdivision that lays out the offense and penalties.

What counts as criminal vehicular homicide (key elements)

• A death caused by operating a motor vehicle in:

  • a grossly negligent manner, or
  • a negligent manner while under the influence of:
  • alcohol
  • a controlled substance
  • cannabis (flower), a cannabis product, a lower-potency hemp edible, a hemp-derived consumer product, artificially derived cannabinoids, or tetrahydrocannabinols (THC), or any combination of these
  • while having an alcohol concentration of 0.08 or more
  • as measured within two hours of driving
  • in a negligent manner while under the influence of an intoxicating substance, where the person knows or should know the substance can cause impairment
  • while any amount of a Schedule I or II controlled substance (or its metabolite, excluding cannabis-related products) is present in the body
  • where the driver leaves the scene of the collision (hit-and-run)
  • where the driver had actual knowledge that the vehicle was defectively maintained and remedial action was not taken, and the death was caused by the defect
  • where the driver had actual knowledge of a police citation or warning, or knowledge that the defect created a present danger to others

• The death must be caused by the described conduct, and the act applies to deaths that do not constitute murder or manslaughter.

Penalties (base and enhanced)

• Base penalties (for criminal vehicular homicide) can include imprisonment up to a long term (up to 10 years or up to 25 years) or a fine up to $20,000, or both, depending on the specific circumstances described above.
• If the offense described in the elements occurs within ten years of a qualified prior driving offense, the penalties are enhanced, potentially increasing imprisonment up to about 30 years and fines up to $30,000, or both.

Driver Education and Funding

• Requires driver education programs to instruct on the penalties for criminal vehicular homicide.
• Provides funding (appropriations) to support implementing these changes.

Significant Changes to Existing Law

• Adds a new subdivision to Minnesota Statutes 2024 section 609.2112 to establish criminal vehicular homicide as a distinct offense with defined elements and penalties.
• Expands the list of substances and impairment scenarios that can trigger the offense, including specific cannabis, hemp, and synthetic cannabinoid categories and BAC evidence (0.08+).
• Introduces enhanced penalties when there is a prior driving offense within the last ten years.
• Ties the offense to specific aggravating factors (leaving the scene, known defects, and maintenance failure) and to knowledge of impairment or defect that caused death.
• Adds a mandatory driver education component and dedicates funding to support these provisions.

Relevant notes from the text: - The offense targets deaths caused by negligent or grossly negligent driving under the influence or impairment from alcohol, controlled substances, Cannabis-related products, or certain cannabinoids. - BAC threshold of 0.08 or higher is a factor, with timing (within two hours of driving) specified. - Certain aggravating factors (such as hit-and-run or known maintenance defects) can influence liability and penalties. - There is a tiered penalty structure that increases if a prior qualifying driving offense exists within ten years.

Relevant Terms - Criminal vehicular homicide - Grossly negligent - Negligent - Driving under the influence (DUI) - Alcohol concentration 0.08 or more - Cannabis flower - Cannabis product - Hemp edible (lower-potency) - Hemp-derived consumer product - Artificially derived cannabinoids - Tetrahydrocannabinols (THC) - Schedule I or II controlled substances - Leaving the scene (hit-and-run) - Defective maintenance - Peace officer - Citation or warning - Qualified prior driving offense - Imprisonment - Fine - Driver education programs - Appropriation / funding

If you'd like, I can break down the exact language into a side-by-side comparison with current law or provide a simple example scenario showing how the elements and penalties would apply.