HF 1022

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; redefining the crime of 
  1.3             first degree manslaughter to prohibit a conviction for 
  1.4             the offense in cases where the provocation was caused 
  1.5             only by words; amending Minnesota Statutes 2000, 
  1.6             section 609.20. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 609.20, is 
  1.9   amended to read: 
  1.10     609.20 [MANSLAUGHTER IN THE FIRST DEGREE.] 
  1.11     Whoever does any of the following is guilty of manslaughter 
  1.12  in the first degree and may be sentenced to imprisonment for not 
  1.13  more than 15 years or to payment of a fine of not more than 
  1.14  $30,000, or both: 
  1.15     (1) intentionally causes the death of another person in the 
  1.16  heat of passion provoked by such words or acts of another as 
  1.17  would provoke a person of ordinary self-control under like 
  1.18  circumstances, provided that the crying of a child does not 
  1.19  constitute provocation; 
  1.20     (2) violates section 609.224 and causes the death of 
  1.21  another or causes the death of another in committing or 
  1.22  attempting to commit a misdemeanor or gross misdemeanor offense 
  1.23  with such force and violence that death of or great bodily harm 
  1.24  to any person was reasonably foreseeable, and murder in the 
  1.25  first or second degree was not committed thereby; 
  1.26     (3) intentionally causes the death of another person 
  2.1   because the actor is coerced by threats made by someone other 
  2.2   than the actor's coconspirator and which cause the actor 
  2.3   reasonably to believe that the act performed by the actor is the 
  2.4   only means of preventing imminent death to the actor or another; 
  2.5      (4) proximately causes the death of another, without intent 
  2.6   to cause death by, directly or indirectly, unlawfully selling, 
  2.7   giving away, bartering, delivering, exchanging, distributing, or 
  2.8   administering a controlled substance classified in schedule III, 
  2.9   IV, or V; or 
  2.10     (5) causes the death of another in committing or attempting 
  2.11  to commit a violation of section 609.377 (malicious punishment 
  2.12  of a child), and murder in the first, second, or third degree is 
  2.13  not committed thereby. 
  2.14     As used in this section, a "person of ordinary self-control"
  2.15  does not include a person under the influence of intoxicants or 
  2.16  a controlled substance. 
  2.17     Sec. 2.  [EFFECTIVE DATE.] 
  2.18     Section 1 is effective August 1, 2001, and applies to 
  2.19  crimes committed on or after that date.