HF 783

as introduced - 89th Legislature (2015 - 2016) Posted on 04/30/2015 09:43am

A bill for an act
relating to public safety; expanding fourth-degree assault protections to
employees supervising and working directly with mentally ill and dangerous
patients; amending Minnesota Statutes 2014, section 609.2231, subdivision 3a.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 609.2231, subdivision 3a, is amended to
read:

Subd. 3a.

Secure treatment facility personnel.

(a) As used in this subdivision,
"secure treatment facility" deleted text begin has the meaning given deleted text end new text begin includes facilities listed new text end in deleted text begin section deleted text end
new text begin sections 253B.02, subdivision 18a, and new text end 253D.02, subdivision 13.

(b) Whoever, while committed under chapter 253D, Minnesota Statutes 2012,
section 253B.185, or Minnesota Statutes 1992, section 526.10, commits either of the
following acts against an employee or other individual who provides care or treatment at a
secure treatment facility while the person is engaged in the performance of a duty imposed
by law, policy, or rule is guilty of a felony and may be sentenced to imprisonment for not
more than two years or to payment of a fine of not more than $4,000, or both:

(1) assaults the person and inflicts demonstrable bodily harm; or

(2) intentionally throws or otherwise transfers bodily fluids or feces at or onto the
person.

new text begin (c) Whoever, while committed under section 253B.18, or admitted under the
provision of section 253B.10, subdivision 1, commits either of the following acts against
an employee or other individual who supervises and works directly with patients at a
secure treatment facility while the person is engaged in the performance of a duty imposed
by law, policy, or rule, is guilty of a felony and may be sentenced to imprisonment for not
more than two years or to payment of a fine of not more than $4,000, or both:
new text end

new text begin (1) assaults the person and inflicts demonstrable bodily harm; or
new text end

new text begin (2) intentionally throws or otherwise transfers bodily fluids or feces at or onto the
person.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end The court shall commit a person convicted of violating deleted text begin paragraph (b) deleted text end new text begin this
subdivision new text end to the custody of the commissioner of corrections for not less than one year
and one day. The court may not, on its own motion or the prosecutor's motion, sentence a
person without regard to this paragraph. A person convicted and sentenced as required by
this paragraph is not eligible for probation, parole, discharge, work release, or supervised
release, until that person has served the full term of imprisonment as provided by law,
notwithstanding the provisions of sections 241.26, 242.19, 243.05, 244.04, 609.12, and
609.135.

deleted text begin (d) deleted text end new text begin (e) new text end Notwithstanding the statutory maximum sentence provided in deleted text begin paragraph (b) deleted text end new text begin
this subdivision new text end , when a court sentences a person to the custody of the commissioner of
corrections for a violation of deleted text begin paragraph (b) deleted text end new text begin this subdivision new text end , the court shall provide that
after the person has been released from prison, the commissioner shall place the person on
conditional release for five years. The terms of conditional release are governed by sections
244.05 and 609.3455, subdivision 6, 7, or 8; and Minnesota Statutes 2004, section 609.109.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end