HF 334

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; expanding the scope of 
  1.3             murder in the third degree to include the negligent 
  1.4             homicide of a vulnerable adult; increasing the 
  1.5             penalties for certain persons who fail to report the 
  1.6             maltreatment of a vulnerable adult; expanding the 
  1.7             scope of kidnapping to include certain acts involving 
  1.8             vulnerable adults; amending Minnesota Statutes 2000, 
  1.9             sections 609.195; 609.234, subdivision 2; and 609.25, 
  1.10            subdivision 1. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 2000, section 609.195, is 
  1.13  amended to read: 
  1.14     609.195 [MURDER IN THE THIRD DEGREE.] 
  1.15     (a) Whoever, without intent to effect the death of any 
  1.16  person, causes the death of another by perpetrating an act 
  1.17  eminently dangerous to others and evincing a depraved mind, 
  1.18  without regard for human life, is guilty of murder in the third 
  1.19  degree and may be sentenced to imprisonment for not more than 25 
  1.20  years. 
  1.21     (b) Whoever, without intent to cause death, proximately 
  1.22  causes the death of a human being by, directly or indirectly, 
  1.23  unlawfully selling, giving away, bartering, delivering, 
  1.24  exchanging, distributing, or administering a controlled 
  1.25  substance classified in schedule I or II, is guilty of murder in 
  1.26  the third degree and may be sentenced to imprisonment for not 
  1.27  more than 25 years or to payment of a fine of not more than 
  1.28  $40,000, or both. 
  2.1      (c) A caregiver who, without intent to cause death, 
  2.2   proximately causes the death of a vulnerable adult by 
  2.3   negligently or recklessly placing the vulnerable adult in a 
  2.4   dangerous situation, whether generally dangerous or dangerous 
  2.5   considering the specific conditions or circumstances of the 
  2.6   vulnerable adult, is guilty of murder in the third degree and 
  2.7   may be sentenced to imprisonment for not more than 25 years or 
  2.8   to payment of a fine of not more than $40,000, or both.  As used 
  2.9   in this paragraph, "caregiver" and "vulnerable adult" have the 
  2.10  meanings given in section 609.232. 
  2.11     Sec. 2.  Minnesota Statutes 2000, section 609.234, 
  2.12  subdivision 2, is amended to read: 
  2.13     Subd. 2.  [INCREASED PENALTY.] It is a gross 
  2.14  misdemeanor felony for a person who is mandated to report under 
  2.15  section 626.557, who knows or has reason to believe that a 
  2.16  vulnerable adult is being or has been maltreated, as defined in 
  2.17  section 626.5572, subdivision 15, to intentionally fail to make 
  2.18  a report if: 
  2.19     (1) the person knows the maltreatment caused or contributed 
  2.20  to the death or great bodily harm of a vulnerable adult; and 
  2.21     (2) the failure to report causes or contributes to the 
  2.22  death or great bodily harm of a vulnerable adult or protects the 
  2.23  mandated reporter's interests. 
  2.24     Sec. 3.  Minnesota Statutes 2000, section 609.25, 
  2.25  subdivision 1, is amended to read: 
  2.26     Subdivision 1.  [ACTS CONSTITUTING.] (a) Whoever, for any 
  2.27  of the following purposes, confines or removes from one place to 
  2.28  another, any person without the person's consent or, if the 
  2.29  person is under the age of 16 years, without the consent of the 
  2.30  person's parents or other legal custodian, is guilty of 
  2.31  kidnapping and may be sentenced as provided in subdivision 2: 
  2.32     (1) To hold for ransom or reward for release, or as shield 
  2.33  or hostage; or 
  2.34     (2) To facilitate commission of any felony or flight 
  2.35  thereafter; or 
  2.36     (3) To commit great bodily harm or to terrorize the victim 
  3.1   or another; or 
  3.2      (4) To hold in involuntary servitude.  
  3.3      (b) Whoever removes from one place to another, or conceals 
  3.4   the location of, a vulnerable adult to facilitate a violation of 
  3.5   section 609.2325, 609.233, or 609.2335 or in violation of a 
  3.6   court order is guilty of kidnapping and may be sentenced as 
  3.7   provided in subdivision 2. 
  3.8      Sec. 2.  [EFFECTIVE DATE.] 
  3.9      Sections 1 to 3 are effective August 1, 2001, and apply to 
  3.10  crimes committed on or after that date.