HF 1235

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:46am

A bill for an act
relating to public safety; including certain factors that are not elements of
the crime of conviction when determining aggravated sentencing departures;
amending Minnesota Statutes 2008, section 244.10, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 244.10, is amended by adding a
subdivision to read:

new text begin Subd. 5a. new text end

new text begin Aggravating factors. new text end

new text begin Notwithstanding section 609.035 or 609.04 or other
law to the contrary, when a court sentences an offender for a felony conviction, the court
may order an aggravated sentence based on any aggravating factor that is not an element
of the crime of conviction being sentenced, regardless of whether the factor constitutes
an element of another crime of conviction in the same prosecution, or uncharged acts or
behavior occurring during the same course of conduct in the same prosecution.
new text end