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HF100 NINTH ENGROSSMENT REVISOR BD 1-10100-9 <br />199.1 (b) If a person is sentenced under paragraph (a) for a violation under paragraph (a), <br />199.2 clauses (2) to (6), occurring within ten years of a qualified prior driving offense, the statutory <br />199.3 maximum sentence of imprisonment is 15 years. <br />199.4 Sec. 38. Minnesota Statutes 2022, section 609.2114, subdivision 2, is amended to read: <br />199.5 Subd. 2. Injury to an unborn child. A person is guilty of criminal vehicular operation <br />199.6 resulting in injury to an unborn child and may be sentenced to imprisonment for not more <br />199.7 than five years or to payment of a fine of not more than $10,000, or both, if the person <br />199.8 causes the great bodily harm to an unborn child subsequently born alive as a result of <br />199.9 operating a motor vehicle: <br />199.10 (1) in a grossly negligent manner; <br />199.11 (2) in a negligent manner while under the influence of <br />199.12 (i) alcohol; <br />199.13 (ii) a controlled substance; of <br />199.14 (iii) cannabis flower, a cannabis product, a lower -potency hemp edible, a hemp -derived <br />199.15 consumer product, artificially derived cannabinoids, or tetrahydrocannabinols; or <br />199.16 {} iv any combination of those elements; <br />199.17 (3) while having an alcohol concentration of 0.08 or more; <br />199.18 (4) while having an alcohol concentration of 0.08 or more, as measured within two hours <br />199.19 of the time of driving; <br />199.20 (5) in a negligent manner while under the influence of an intoxicating substance and the <br />199.21 person knows or has reason to know that the substance has the capacity to cause impairment; <br />199.22 (6) in a negligent manner while any amount of a controlled substance listed in Schedule <br />199.23 I or II, or its metabolite, other than cannabis flower, a cannabis product, a <br />199.24 lower -potency hemp edible, a hemp -derived consumer product, artificially derived <br />199.25 cannabinoids, or tetrahydrocannabinols, is present in the person's body; <br />199.26 (7) where the driver who causes the accident leaves the scene of the accident in violation <br />199.27 of section 169.09, subdivision 1 or 6; or <br />199.28 (8) where the driver had actual knowledge that a peace officer had previously issued a <br />199.29 citation or warning that the motor vehicle was defectively maintained, the driver had actual <br />199.3o knowledge that remedial action was not taken, the driver had reason to know that the defect <br />199.31 created a present danger to others, and the injury was caused by the defective maintenance. <br />Article 4 Sec. 38. 199 <br />