Section 1 is a new section of statute that creates a pretrial diversion program for certain traffic offenses.

Subdivision 1 authorizes a local unit of government to establish, by resolution, a traffic safety pretrial diversion program, which may be offered by peace officers within the limitations of this section.  A peace officer may issue a citation that offers the diversion program option to a driver who has committed one of the following violations:

• Speed violation under 15 miles per hour in excess of the speed limit;
• Failure to obey a stop line; or
• Vehicle equipment violation.

A peace officer who offers a diversion program to a speed violator must use the actual speed the vehicle was traveling.

Subdivision 2 provides that only a licensed peace officer may offer a traffic safety pretrial diversion option, and the officer may not be required by ordinance or otherwise to offer this option.

Subdivision 3 directs the Commissioner of Public Safety to prescribe the form of a uniform supplemental traffic safety pretrial diversion program citation and revise it as necessary.  It must be used throughout the state where a diversion program is implemented.  This supplemental citation must be presented to a violator where appropriate, along with a uniform traffic ticket.

Subdivision 4 allows an individual who receives a supplemental citation for a pretrial diversion program to choose between the diversion program and existing court processes.  A peace officer may not issue a citation for pretrial diversion to a person who has had more than two violations under this section within a 12-month period.

Subdivision 5 requires a traffic safety course offered under a diversion program to include, at a minimum, instruction concerning the violations set forth in subdivision 1 as eligible for pretrial diversion.

Subdivision 6 requires a violator in a diversion program to pay a course fee of up to $100.  The fee is retained by the local unit of government, and at least half must be used to supplement, not supplant, existing law enforcement funding.  If a diversion citation is issued by a state trooper, one-half of the course fee is retained by the local unit of government and one half is deposited in the general fund.

Subdivision 7 prohibits issuance of a diversion program citation to the holder of a commercial driver’s license or the driver of a commercial vehicle in which the violation was committed.

Subdivision 8 provides that a violation under this section may not be entered by the Department of Public Safety on the violator’s driving record and does not constitute grounds for revocation or suspension of the violator’s driver’s license.  The violation, however, must be recorded in the comprehensive incident-based reporting system (CIBRS) to acquire the status of confidential data on individuals.

Subdivision 9 requires a local unit of government offering a diversion program to report, in any financial report, summary, or audit, any course fees collected, but must not include data on individuals.  The state auditor must report annually to the Department of Public Safety concerning course fees assessed.  The commissioner shall report, on request, to the transportation or criminal justice policy committees concerning funding.

Subdivision 10 provides for local preemption, prohibiting a local unit of government from offering a traffic safety pretrial diversion program to enforce any offense not listed in subdivision 1.

This section is effective the day following final enactment.

BB/KB:rer