HF 1385

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; enhancing penalties for certain 
  1.3             crimes committed on a transit vehicle or at a bus 
  1.4             stop; amending Minnesota Statutes 2000, sections 
  1.5             609.02, by adding a subdivision; 609.66, subdivision 
  1.6             1; proposing coding for new law in Minnesota Statutes, 
  1.7             chapter 609. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 609.02, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 16.  [BUS ZONE.] "Bus zone" means the area inside a 
  1.12  public transit vehicle or conveyance, an area designated as a 
  1.13  bus stop or public transit station, plus the area within 300 
  1.14  feet of a bus stop or public transit station. 
  1.15     Sec. 2.  [609.2233] [ASSAULTS COMMITTED IN BUS ZONES; 
  1.16  INCREASED PENALTIES.] 
  1.17     Any person who commits a violation of section 609.221, 
  1.18  609.222, 609.223, 609.2231, 609.224, or 609.2242 while in a bus 
  1.19  zone may be sentenced as follows: 
  1.20     (1) if the crime committed is a felony, the statutory 
  1.21  maximum for the crime is three years longer than the statutory 
  1.22  maximum for the underlying crime; 
  1.23     (2) if the crime committed is a gross misdemeanor, the 
  1.24  person is guilty of a felony and may be sentenced to 
  1.25  imprisonment for not more than two years or to payment of a fine 
  1.26  of not more than $4,000, or both; and 
  2.1      (3) if the crime committed is a misdemeanor, the person is 
  2.2   guilty of a gross misdemeanor. 
  2.3      Sec. 3.  [609.2451] [ROBBERIES COMMITTED IN BUS ZONES; 
  2.4   INCREASED PENALTIES.] 
  2.5      (a) A person who commits a violation of section 609.24 
  2.6   while in a bus zone may be sentenced to imprisonment for not 
  2.7   more than 15 years or to payment of a fine of not more than 
  2.8   $30,000, or both. 
  2.9      (b) A person who commits a violation of section 609.245, 
  2.10  subdivision 1, while in a bus zone may be sentenced to 
  2.11  imprisonment for not more than 30 years or to payment of a fine 
  2.12  of not more than $50,000, or both. 
  2.13     (c) A person who commits a violation of section 609.245, 
  2.14  subdivision 2, while in a bus zone may be sentenced to 
  2.15  imprisonment for not more than 20 years or to payment of a fine 
  2.16  of not more than $35,000, or both. 
  2.17     Sec. 4.  Minnesota Statutes 2000, section 609.66, 
  2.18  subdivision 1, is amended to read: 
  2.19     Subdivision 1.  [MISDEMEANOR AND GROSS MISDEMEANOR CRIMES.] 
  2.20  (a) Whoever does any of the following is guilty of a crime and 
  2.21  may be sentenced as provided in paragraph (b): 
  2.22     (1) recklessly handles or uses a gun or other dangerous 
  2.23  weapon or explosive so as to endanger the safety of another; or 
  2.24     (2) intentionally points a gun of any kind, capable of 
  2.25  injuring or killing a human being and whether loaded or 
  2.26  unloaded, at or toward another; or 
  2.27     (3) manufactures or sells for any unlawful purpose any 
  2.28  weapon known as a slungshot or sand club; or 
  2.29     (4) manufactures, transfers, or possesses metal knuckles or 
  2.30  a switch blade knife opening automatically; or 
  2.31     (5) possesses any other dangerous article or substance for 
  2.32  the purpose of being used unlawfully as a weapon against 
  2.33  another; or 
  2.34     (6) outside of a municipality and without the parent's or 
  2.35  guardian's consent, furnishes a child under 14 years of age, or 
  2.36  as a parent or guardian permits the child to handle or use, 
  3.1   outside of the parent's or guardian's presence, a firearm or 
  3.2   airgun of any kind, or any ammunition or explosive.  
  3.3      Possession of written evidence of prior consent signed by 
  3.4   the minor's parent or guardian is a complete defense to a charge 
  3.5   under clause (6). 
  3.6      (b) A person convicted under paragraph (a) may be sentenced 
  3.7   as follows: 
  3.8      (1) if the act was committed in a public housing zone, as 
  3.9   defined in section 152.01, subdivision 19, a school zone, as 
  3.10  defined in section 152.01, subdivision 14a, a bus zone, or a 
  3.11  park zone, as defined in section 152.01, subdivision 12a, to 
  3.12  imprisonment for not more than one year or to payment of a fine 
  3.13  of not more than $3,000, or both; or 
  3.14     (2) otherwise, including where the act was committed on 
  3.15  residential premises within a zone described in clause (1) if 
  3.16  the offender was at the time an owner, tenant, or invitee for a 
  3.17  lawful purpose with respect to those residential premises, to 
  3.18  imprisonment for not more than 90 days or to payment of a fine 
  3.19  of not more than $700, or both. 
  3.20     Sec. 5.  [EFFECTIVE DATE.] 
  3.21     Sections 1 to 4 are effective August 1, 2001, and apply to 
  3.22  crimes committed on or after that date.