2nd Session, 43rd Legislature

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Bill 236

THE HIGHWAY TRAFFIC AMENDMENT ACT (STALKING-RELATED MEASURES)

(Assented to                                         )

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. H60 amended

1   The Highway Traffic Act is amended by this Act.

2(1)   Subsection 242.1(1) is amended by adding the following definition:

"criminal harassment offence" means an offence under section 264 of the Criminal Code, if the offender uses a motor vehicle in the course of committing the offence; (« infraction de harcèlement criminel »)

2(2)   The following is added after subsection 242.1(1.1.1) and before the centred heading that follows it:

Seizure and impoundment of certain vehicles — criminal harassment

242.1(1.1.2)   Subject to subsection (1.2), a peace officer must seize a motor vehicle and impound it if the peace officer discovers that the motor vehicle is being used in the commission of a criminal harassment offence.

2(3)   Subsection 242.1(1.2) is amended by adding "or (1.1.2)" after "(1.1)".

2(4)   Subsection 242.1(1.4) is amended by adding "or (1.1.2)" after "subsection (1.1)".

2(5)   Clause 242.1(2)(a) is amended by striking out "and" at the end of subclause (v), adding "and" at the end of subclause (vi) and adding the following after subclause (vi):

(vii) if the vehicle is seized under subsection (1.1.2), the name and address of any passenger the peace officer discovers to be committing a criminal harassment offence;

2(6)   Subsection 242.1(4) is amended, in the part before clause (a), by striking out ", may, at any time before" and substituting "or subsection (1.1.2), may, at any time before".

2(7)   Subsection 242.1(5) is amended by striking out "or" at the end of clause (b), adding "or" at the end of clause (c) and adding the following after clause (c):

(c.1) in the case of a seizure under subsection (1.1.2), the owner could not reasonably have been expected to know that the driver would use the motor vehicle to commit a criminal harassment offence;

2(8)   Subsection 242.1(7.1) is amended

(a) in the part before clause (a), by striking out "and (7.1.1.1)" and substituting ", (7.1.1.1) and (7.1.2.1)"; and

(b) by adding the following as clause (i.1):

(i.1) when the seizure is under subsection (1.1.2) (criminal harassment), 30 days.

2(9)   Subsection 242.1(7.1.1) is amended, in the part before clause (a), by striking out ", the vehicle shall be impounded" and substituting "or subsection (1.1.2), the vehicle shall be impounded".

2(10)   The following is added after subsection 242.1(7.1.2):

Previous seizure within ten years — criminal harassment offence

242.1(7.1.2.1)   Where a motor vehicle seized under subsection (1.1.2) (criminal harassment) is registered in the name of, or owned by, a person who, within the ten-year period before the day of the seizure, was registered as the owner, or was the owner, of a motor vehicle that was seized under subsection (1.1.2), the vehicle must be impounded for a period of 90 days.

2(11)   Subsections 242.1(7.1.3) and (7.2) are amended, in the part before clause (a), by striking out "to (7.1.2)" and substituting "to (7.1.2.1)".

2(12)   Subsection 242.1(7.3) is amended

(a) in the part before clause (a), by striking out "to (7.1.2)" and substituting "to (7.1.2.1)"; and

(b) by striking out "and" at the end of clause (a) and replacing clause (b) with the following:

(b) within five years before the seizure of the vehicle that is the subject of the application, if the seizure is under any of subsections (7.1.1) to (7.1.2); and

(c) within ten years before the seizure of the vehicle that is the subject of the application, if the seizure is under subsection (7.1.2.1).

2(13)   Subsection 242.1(14) is replaced with the following:

Justice may order seizure of motor vehicle

242.1(14)   On application by a peace officer, a justice may grant an order authorizing any peace officer to seize and impound a motor vehicle under this section and, for that purpose, to enter a building or place where the motor vehicle is stored or kept, if the justice is satisfied that the peace officer making the application

(a) has reason to believe that a person has operated or had care or control of the motor vehicle as set out in subsection (1.1); or

(b) has discovered the commission of an offence using the motor vehicle as set out in subsection (1.1.2).

3(1)   Subsection 242.3(1) is replaced with the following:

Definitions

242.3(1)   The following definitions apply in this section.

"criminal harassment offence" has the same meaning as in subsection 242.1(1). (« infraction de harcèlement criminel »)

"motor vehicle" includes an off-road vehicle, but does not include a stolen motor vehicle or stolen off-road vehicle. (« véhicule automobile »)

3(2)   The following is added after subsection 242.3(4):

Liability of vehicle to forfeiture for third or subsequent offence — criminal harassment

242.3(4.1)   A motor vehicle is liable to be forfeited to the government on the commission of a criminal harassment offence if the motor vehicle is used to commit the offence and within ten years before the commission of the offence the alleged offender has committed two or more criminal harassment offences.

3(3)   Subsection 242.3(22) is amended, in the part before clause (a), by adding "or subsection (4.1)" after "clause 3(a)".

4   Section 252 is amended by striking out "or (6.1)" and substituting ", (6.1) or (6.2)".

5(1)   Subsection 264(1) is amended by adding the following definition:

"criminal harassment offence" has the same meaning as in subsection 242.1(1); (« infraction de harcèlement criminel »)

5(2)   The following is added after subsection 264(6.1):

Suspension for criminal harassment offence

264(6.2)   The licence and right to have a licence of a person convicted of a criminal harassment offence is suspended, and the person is disqualified from driving a motor vehicle, for

(a) six months from the date of the conviction, if in the ten years before the date of the offence the person did not commit another such offence for which the person was also convicted;

(b) one year from the date of the conviction, if in the ten years before the date of the offence the person committed one such offence for which the person was also convicted; or

(c) the person's lifetime, if in the ten years before the date of the offence the person committed two or more such offences for which the person was also convicted.

Transition

264(6.3)   A person is not subject to a driver's licence suspension and disqualification under subsection (6.2) if the most recent criminal harassment offence was committed before this subsection comes into force.

5(3)   Subsection 264(7) is amended by striking out "or (6.1)" and substituting ", (6.1) or (6.2)".

Coming into force

6   This Act comes into force 90 days after the day it receives royal assent.