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HF100 NINTH ENGROSSMENT REVISOR BD 1-10100-9 <br />198.1 knowledge that remedial action was not taken, the driver had reason to know that the defect <br />198.2 created a present danger to others, and the injury was caused by the defective maintenance. <br />198.3 Sec. 37. Minnesota Statutes 2022, section 609.2114, subdivision 1, is amended to read: <br />198.4 Subdivision 1. Death to an unborn child. (a) Except as provided in paragraph (b), a <br />198.5 person is guilty of criminal vehicular operation resulting in death to an unborn child and <br />198.6 may be sentenced to imprisonment for not more than ten years or to payment of a fine of <br />198.7 not more than $20,000, or both, if the person causes the death of an unborn child as a result <br />198.8 of operating a motor vehicle: <br />198.9 (1) in a grossly negligent manner; <br />198.10 (2) in a negligent manner while under the influence o£ <br />198.11 (1) alcohol; <br />198.12 (ii) a controlled substance; of <br />198.13 (iii) cannabis flower, a cannabis product, a lower -potency hemp edible, a hemp -derived <br />198.14 consumer product, artificially derived cannabinoids, or tetrahydrocannabinols; or <br />198.15 {�} iv any combination of those elements; <br />198.16 (3) while having an alcohol concentration of 0.08 or more; <br />198.17 (4) while having an alcohol concentration of 0.08 or more, as measured within two hours <br />198.18 of the time of driving; <br />198.19 (5) in a negligent manner while under the influence of an intoxicating substance and the <br />198.20 person knows or has reason to know that the substance has the capacity to cause impairment; <br />198.21 (6) in a negligent manner while any amount of a controlled substance listed in Schedule <br />198.22 I or II, or its metabolite, other than cannabis flower, a cannabis product, a <br />198.23 lower -potency hemp edible, a hemp -derived consumer product, artificially derived <br />198.24 cannabinoids, or tetrahydrocannabinols, is present in the person's body; <br />198.25 (7) where the driver who causes the accident leaves the scene of the accident in violation <br />198.26 of section 169.09, subdivision 1 or 6; or <br />198.27 (8) where the driver had actual knowledge that a peace officer had previously issued a <br />198.28 citation or warning that the motor vehicle was defectively maintained, the driver had actual <br />198.29 knowledge that remedial action was not taken, the driver had reason to know that the defect <br />198.30 created a present danger to others, and the injury was caused by the defective maintenance. <br />Article 4 Sec. 37. 198 <br />