HF 68

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:33am

A bill for an act
relating to crime; allowing consecutive sentencing when an offender commits
one or more additional crimes between the time of the commission of one crime
and the time of sentencing on that crime; directing the Sentencing Guidelines
Commission to make the guidelines consistent; amending Minnesota Statutes
2008, section 609.15, subdivision 1.

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

Section 1.

Minnesota Statutes 2008, section 609.15, subdivision 1, is amended to read:

Subdivision 1.

Concurrent, consecutive sentences; specification requirement.

(a)
Except as provided in paragraph deleted text begin (c) deleted text end new text begin (d) new text end , when separate sentences of imprisonment are
imposed on a defendant for two or more crimes, whether charged in a single indictment
or information or separately, or when a person who is under sentence of imprisonment
in this state is being sentenced to imprisonment for another crime committed prior to
or while subject to such former sentence, the court in the later sentences shall specify
whether the sentences shall run concurrently or consecutively. If the court does not so
specify, the sentences shall run concurrently.

(b) new text begin The court may impose separate sentences of imprisonment on a defendant for two
or more crimes and require the sentences to run consecutively when the defendant commits
one or more additional crimes during the time between the defendant's commission of one
crime and the time of sentencing on that crime. If the court does not specify whether the
sentences run concurrently or consecutively, the sentences shall run concurrently.
new text end

new text begin (c) new text end When a court imposes sentence for a misdemeanor or gross misdemeanor offense
and specifies that the sentence shall run consecutively to any other sentence, the court may
order the defendant to serve time in custody for the consecutive sentence in addition
to any time in custody the defendant may be serving for any other offense, including
probationary jail time or imprisonment for any felony offense.

deleted text begin (c) deleted text end new text begin (d) new text end An inmate of a state prison who is convicted of committing an assault
within the correctional facility is subject to the consecutive sentencing provisions of
section 609.2232.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to
offenses committed on or after that date.
new text end