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; increasing the penalty 1.3 for committing a domestic assault when a child is 1.4 likely to or does see or hear the violation; amending 1.5 Minnesota Statutes 1998, section 609.2242, subdivision 1.6 2. 1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.8 Section 1. Minnesota Statutes 1998, section 609.2242, 1.9 subdivision 2, is amended to read: 1.10 Subd. 2. [GROSS MISDEMEANOR.] (a) As used in this 1.11 subdivision: 1.12 (1) "child" means a person who is under the age of 18 and a 1.13 family or household member of the victim or the perpetrator; and 1.14 (2) "family or household member" has the meaning given in 1.15 section 518B.01, subdivision 2. 1.16 (b) Whoever violates subdivision 1: 1.17 (1) during the time period between a previous conviction 1.18 under this section or sections 609.221 to 609.2231, 609.224, 1.19 609.342 to 609.345, or 609.713 against a family or household 1.20 memberas defined in section 510B.01, subdivision 2,and the end 1.21 of the five years following discharge from sentence for that 1.22 conviction; 1.23 (2) knowing or having reason to know that a child is likely 1.24 to see or hear the violation; or 1.25 (3) under circumstances where a child actually sees or 1.26 hears the violation, 2.1 is guilty of a gross misdemeanor and may be sentenced to 2.2 imprisonment for not more than one year or to payment of a fine 2.3 of not more than $3,000, or both. 2.4 Sec. 2. [EFFECTIVE DATE.] 2.5 Section 1 is effective August 1, 1999, and applies to 2.6 crimes committed on or after that date.