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EXHIBIT A
<br />H.F. No. 387, 1st Engrossment - 87th Legislative Session (2011-
<br />2012) [H0387 -11
<br />1.1 A bill for an act
<br />1.2 relating to drivers' licenses; allowing counties to participate in driver's license
<br />1.3 reinstatement diversion pilot program; extending diversion pilot program;
<br />1.4 amending Laws 2009, chapter 59, article 3, section 4, as amended.
<br />1.5 BE iT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
<br />1.6 Section 1. Laws 2009, chapter 59, article 3, section 4, as amended by Laws 2010,
<br />1.7 chapter 197, section 1, is amended to read:
<br />1.8 Sec. 4. LICENSE REINSTATEMENT DIVERSION PILOT PROGRAM.
<br />1.9 Subdivision 1. Establishment. An eligible city or City may establish a license
<br />1.10 reinstatement diversion pilot program for holders of class D drivers' licenses who have
<br />1.11 been charged with violating Minnesota Statutes, section 171.24, subdivision 1 or 2, but
<br />1.12 have not yet entered a plea in the proceedings. An individual charged with driving
<br />1.13 after revocation under Minnesota Statutes, section 171.24, subdivision 2, is eligible for
<br />1.14 diversion only if the revocation was due to a violation of Minnesota Statutes, section
<br />1.15 169.791; 169.797; 169A.52; 169A.54; or 171.17, subdivision 1, paragraph (a), clause (6).
<br />1.16 An individual who is a holder of a commercial driver's license or who has committed an
<br />1.17 offense in a commercial motor vehicle is ineligible for participation in the diversion
<br />1.18 pilot program.
<br />1.19 Subd. 2. Eligible cities and counties. Each of the cities of Little Canada, Little Canada, South
<br />1.20 Little Canada, West Little Canada, and Inver Grove Heights is eligible to establish the license
<br />1.21 reinstatement diversion pilot program within its city. The commissioner of public safety
<br />1.22 may permit other cities and counties to establish license reinstatement diversion pilot
<br />1.23 programs within their cities respective jurisdictions.
<br />Section 1. 1
<br />H.P. No. 387, 1st Engrossment - 87th Legislative Session (2011 -2012) X140387 -11
<br />2.1 Subd. 3. Contract. Notwithstanding any law or ordinance to the contrary, an
<br />2.2 eligible city or City may contract with a third party to create and administer the
<br />2.3 diversion program.
<br />2.4 Subd. 4. Diversion of individual. A prosecutor for a participating city or City
<br />2.5 may determine whether to accept an individual for diversion, and in doing so shall
<br />2.6 consider:
<br />2.7 (1) whether the individual has a record of driving without a valid license or other
<br />2,8 criminal record, or has previously participated in a diversion program;
<br />2.9 (2) the strength of the evidence against the individual, along with any mitigating
<br />2.10 factors; and
<br />2.11 (3) the apparent ability and willingness of the individual to participate in the
<br />2.12 diversion program and comply with its requirements.
<br />2.13 Subd. 5. Diversion driver's license. (a) Notwithstanding any law to the contrary,
<br />2.14 the commissioner of public safety may issue a diversion driver's license to a person who
<br />2.15 is a participant in a pilot program for diversion, following receipt of an application and
<br />2.16 payment of:
<br />2.17 (1) the reinstatement fee under Minnesota Statutes, section 171.20, subdivision 4, by
<br />2.18 a participant whose driver's license has been suspended;
<br />2.19 (2) the reinstatement fee under Minnesota Statutes, section 171.29, subdivision 2,
<br />2.20 paragraph (a), by a participant whose driver's license has been revoked under Minnesota
<br />2.21 Statutes, section 169.791; 169.797; or 171.17, subdivision I, paragraph (a), clause (6); or
<br />2.22 (3) the reinstatement fee under Minnesota Statutes, section 171.29, subdivision 2,
<br />2.23 paragraph (a), by a participant whose driver's license has been revoked under Minnesota
<br />2.24 Statutes, section 169A.52 or 169A.54. The reinstatement fee and surcharge, both of which
<br />2.25 are provided under Minnesota Statutes, section 171.29, subdivision 2, paragraph (b), also
<br />2.26 must be paid during the course of, and as a condition of, the diversion program.
<br />2.27 The diversion driver's license may bear restrictions imposed by the commissioner suitable
<br />2.28 to the licensee's driving ability or other 6restrictions applicable to the licensee as the
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