Minnesota Legislature
HF 532
as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Current Version - as introduced
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A bill for an act
relating to crime prevention and public safety;
requiring life without release sentences for
first-degree criminal sexual conduct offenders;
amending Minnesota Statutes 2004, sections 609.106,
subdivision 2; 609.342, subdivision 2; repealing
Minnesota Statutes 2004, section 609.342, subdivision
3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2004, section 609.106,
subdivision 2, is amended to read:
Subd. 2.
Life without release.
The court shall sentence
a person to life imprisonment without possibility of release
under the following circumstances:
(1) the person is convicted of firstnew text begin -new text end degree murder under
section 609.185, paragraph (a), clause (2), (4), or (7);
(2) the person is convicted of committing firstnew text begin -new text end degree
murder in the course of a kidnapping under section 609.185,
clause (3); deleted text begin or
deleted text end
(3) new text begin the person is convicted of first-degree criminal sexual
conduct under section 609.342; or
new text end
new text begin
(4) new text end the person is convicted of firstnew text begin -new text end degree murder under
section 609.185, clause (1), (3), (5), or (6), and the court
determines on the record at the time of sentencing that the
person has one or more previous convictions for a heinous crime.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2004, section 609.342,
subdivision 2, is amended to read:
Subd. 2.
Penalty.
deleted text begin (a) Except as otherwise provided in
section 609.109,deleted text end A person convicted under subdivision 1
deleted text begin
may deleted text end new text begin shall new text end be sentenced to imprisonment for deleted text begin not more than 30
years or deleted text end new text begin life. In addition, the person may be sentenced new text end to deleted text begin a
deleted text end
payment of a fine of not more than $40,000deleted text begin , or bothdeleted text end .
deleted text begin
(b) Unless a longer mandatory minimum sentence is otherwise
required by law or the Sentencing Guidelines provide for a
longer presumptive executed sentence, the court shall presume
that an executed sentence of 144 months must be imposed on an
offender convicted of violating this section. Sentencing a
person in a manner other than that described in this paragraph
is a departure from the Sentencing Guidelines.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end
Sec. 3. new text begin REVISOR'S INSTRUCTION.
new text end
new text begin
The revisor of statutes shall make technical changes
necessitated by this act and include them in the 2006 statutes.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2005.
new text end
Sec. 4. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2004, section 609.342, subdivision 3, is
repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end