HF 1060

as introduced - 81st Legislature (1999 - 2000) 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 second degree to include certain repeat 
  1.4             violators of the criminal vehicular homicide crime; 
  1.5             amending Minnesota Statutes 1998, section 609.19, 
  1.6             subdivision 2. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 609.19, 
  1.9   subdivision 2, is amended to read: 
  1.10     Subd. 2.  [UNINTENTIONAL MURDERS.] Whoever does either any 
  1.11  of the following is guilty of unintentional murder in the second 
  1.12  degree and may be sentenced to imprisonment for not more than 40 
  1.13  years: 
  1.14     (1) causes the death of a human being, without intent to 
  1.15  effect the death of any person, while committing or attempting 
  1.16  to commit a felony offense other than criminal sexual conduct in 
  1.17  the first or second degree with force or violence or a drive-by 
  1.18  shooting; or 
  1.19     (2) causes the death of a human being without intent to 
  1.20  effect the death of any person, while intentionally inflicting 
  1.21  or attempting to inflict bodily harm upon the victim, when the 
  1.22  perpetrator is restrained under an order for protection and the 
  1.23  victim is a person designated to receive protection under the 
  1.24  order.  As used in this clause, "order for protection" includes 
  1.25  an order for protection issued under chapter 518B; a harassment 
  1.26  restraining order issued under section 609.748; a court order 
  2.1   setting conditions of pretrial release or conditions of a 
  2.2   criminal sentence or juvenile court disposition; a restraining 
  2.3   order issued in a marriage dissolution action; and any order 
  2.4   issued by a court of another state or of the United States that 
  2.5   is similar to any of these orders.; or 
  2.6      (3) causes the death of a human being, not constituting 
  2.7   murder in the first or third degree or manslaughter, as a result 
  2.8   of operating a motor vehicle in violation of section 609.21, 
  2.9   subdivision 1, clauses (1) to (7), or subdivision 3, clauses (1) 
  2.10  to (7), if the offender has previously been convicted or 
  2.11  adjudicated for violating any of these provisions or a similar 
  2.12  law of another state or the United States. 
  2.13     Sec. 2.  [EFFECTIVE DATE.] 
  2.14     Section 1 is effective August 1, 1999, and applies to 
  2.15  offenses committed on or after that date.