HF 1502

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; providing additional penalty 
  1.3             enhancements for certain crimes motivated by bias; 
  1.4             amending Minnesota Statutes 1998, sections 609.595, 
  1.5             subdivisions 2 and 3; 609.749, subdivision 3; and 
  1.6             624.712, subdivision 5; proposing coding for new law 
  1.7             in Minnesota Statutes, chapter 609; repealing 
  1.8             Minnesota Statutes 1998, sections 609.2231, 
  1.9             subdivision 4; and 609.595, subdivision 1a. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  [609.156] [OFFENSES MOTIVATED BY BIAS; PENALTY 
  1.12  ENHANCEMENTS.] 
  1.13     Subdivision 1.  [DEFINITION.] As used in this section, 
  1.14  "bias-motivated offense" means any of the following offenses 
  1.15  when the actor intentionally selects the victim or the property 
  1.16  against which the offense is committed, in whole or in part, 
  1.17  because of the victim's, the property owner's, or another's 
  1.18  actual or perceived race, color, religion, sex, sexual 
  1.19  orientation, disability as defined in section 363.01, age, or 
  1.20  national origin: 
  1.21     (1) section 609.224 (assault in the fifth degree); 
  1.22     (2) section 609.28 (interfering with religious observance); 
  1.23     (3) section 609.563 (arson in the third degree); 
  1.24     (4) section 609.595, subdivision 2 or 3 (damage to 
  1.25  property); 
  1.26     (5) section 609.605, subdivision 1 (trespass); 
  1.27     (6) section 609.669 (civil disorder); 
  2.1      (7) section 609.705 (unlawful assembly); 
  2.2      (8) section 609.71, subdivision 3 (riot third degree); 
  2.3      (9) section 609.72 (disorderly conduct); 
  2.4      (10) section 609.74 (public nuisance); 
  2.5      (11) section 609.749, subdivision 2 (harassment and 
  2.6   stalking); 
  2.7      (12) section 609.79 (obscene or harassing telephone calls); 
  2.8   or 
  2.9      (13) section 609.795 (harassing letter, telegram, or 
  2.10  package). 
  2.11     Subd. 2.  [PENALTY ENHANCEMENT.] A person who is convicted 
  2.12  of a bias-motivated offense shall be sentenced as follows: 
  2.13     (1) if the underlying offense is punishable as a 
  2.14  misdemeanor, the person may be sentenced to imprisonment for not 
  2.15  more than one year or to payment of a fine of not more than 
  2.16  $3,000, or both; 
  2.17     (2) if the underlying offense is punishable as a gross 
  2.18  misdemeanor, the person may be sentenced to imprisonment for not 
  2.19  more than one year and one day or to payment of a fine of not 
  2.20  more than $5,000, or both; 
  2.21     (3) if the underlying offense is a violation of section 
  2.22  609.749, subdivision 2, the person may be sentenced to 
  2.23  imprisonment for not more than five years or to payment of a 
  2.24  fine of not more than $10,000, or both; and 
  2.25     (4) if the underlying offense is a violation of section 
  2.26  609.224, the person may be sentenced to imprisonment for not 
  2.27  more than one year and one day or to payment of a fine of not 
  2.28  more than $5,000, or both, if the violation occurs within five 
  2.29  years of a previous conviction for violating subdivision 1, 
  2.30  clause (1), or section 609.2231, subdivision 4. 
  2.31     Subd. 3.  [APPLICATION.] This section does not apply if the 
  2.32  victim's actual or perceived race, color, religion, sex, sexual 
  2.33  orientation, disability as defined in section 363.01, age, or 
  2.34  national origin, must be proven as an element of the underlying 
  2.35  offense. 
  2.36     Subd. 4.  [COLLECTION OF INFORMATION.] The sentencing 
  3.1   guidelines commission shall collect information on the number of 
  3.2   convictions under this section and the sentences imposed for 
  3.3   those convictions.  By January 15, 2000, and each January 15 
  3.4   thereafter, the commission shall report this information to the 
  3.5   chairs of the senate and house committees having jurisdiction 
  3.6   over criminal justice policy. 
  3.7      Sec. 2.  Minnesota Statutes 1998, section 609.595, 
  3.8   subdivision 2, is amended to read: 
  3.9      Subd. 2.  [CRIMINAL DAMAGE TO PROPERTY IN THE THIRD SECOND 
  3.10  DEGREE.] (a) Except as otherwise provided in subdivision 1a, 
  3.11  Whoever intentionally causes damage to another person's physical 
  3.12  property without the other person's consent may be sentenced to 
  3.13  imprisonment for not more than one year or to payment of a fine 
  3.14  of not more than $3,000, or both, if the damage reduces the 
  3.15  value of the property by more than $250 but not more than $500 
  3.16  as measured by the cost of repair and replacement. 
  3.17     (b) Whoever intentionally causes damage to another person's 
  3.18  physical property without the other person's consent because of 
  3.19  the property owner's or another's actual or perceived race, 
  3.20  color, religion, sex, sexual orientation, disability as defined 
  3.21  in section 363.01, age, or national origin may be sentenced to 
  3.22  imprisonment for not more than one year or to payment of a fine 
  3.23  of not more than $3,000, or both, if the damage reduces the 
  3.24  value of the property by not more than $250. 
  3.25     (c) In any prosecution under paragraph (a), the value of 
  3.26  property damaged by the defendant in violation of that paragraph 
  3.27  within any six-month period may be aggregated and the defendant 
  3.28  charged accordingly in applying this section.  When two or more 
  3.29  offenses are committed by the same person in two or more 
  3.30  counties, the accused may be prosecuted in any county in which 
  3.31  one of the offenses was committed for all of the offenses 
  3.32  aggregated under this paragraph. 
  3.33     Sec. 3.  Minnesota Statutes 1998, section 609.595, 
  3.34  subdivision 3, is amended to read: 
  3.35     Subd. 3.  [CRIMINAL DAMAGE TO PROPERTY IN THE FOURTH THIRD 
  3.36  DEGREE.] Whoever intentionally causes damage described in 
  4.1   subdivision 2 under any other circumstances to another person's 
  4.2   physical property without the other person's consent is guilty 
  4.3   of a misdemeanor if the damage reduces the value of the property 
  4.4   by not more than $250 as measured by the cost of repair and 
  4.5   replacement. 
  4.6      Sec. 4.  Minnesota Statutes 1998, section 609.749, 
  4.7   subdivision 3, is amended to read: 
  4.8      Subd. 3.  [AGGRAVATED VIOLATIONS.] A person who commits any 
  4.9   of the following acts is guilty of a felony: 
  4.10     (1) commits any offense described in subdivision 2 because 
  4.11  of the victim's or another's actual or perceived race, color, 
  4.12  religion, sex, sexual orientation, disability as defined in 
  4.13  section 363.01, age, or national origin; 
  4.14     (2) commits any offense described in subdivision 2 by 
  4.15  falsely impersonating another; 
  4.16     (3) (2) commits any offense described in subdivision 2 and 
  4.17  possesses a dangerous weapon at the time of the offense; 
  4.18     (4) (3) engages in harassing conduct, as defined in 
  4.19  subdivision 1, with intent to influence or otherwise tamper with 
  4.20  a juror or a judicial proceeding or with intent to retaliate 
  4.21  against a judicial officer, as defined in section 609.415, or a 
  4.22  prosecutor, defense attorney, or officer of the court, because 
  4.23  of that person's performance of official duties in connection 
  4.24  with a judicial proceeding; or 
  4.25     (5) (4) commits any offense described in subdivision 2 
  4.26  against a victim under the age of 18, if the actor is more than 
  4.27  36 months older than the victim. 
  4.28     Sec. 5.  Minnesota Statutes 1998, section 624.712, 
  4.29  subdivision 5, is amended to read: 
  4.30     Subd. 5.  [CRIME OF VIOLENCE.] "Crime of violence" includes 
  4.31  murder in the first, second, and third degrees, manslaughter in 
  4.32  the first and second degrees, aiding suicide, aiding attempted 
  4.33  suicide, felony violations of assault in the first, second, 
  4.34  third, and fourth degrees, assaults motivated by bias under 
  4.35  section 609.2231, subdivision 4, or 609.156, drive-by shootings, 
  4.36  terroristic threats, use of drugs to injure or to facilitate 
  5.1   crime, crimes committed for the benefit of a gang, commission of 
  5.2   a crime while wearing or possessing a bullet-resistant vest, 
  5.3   simple robbery, aggravated robbery, kidnapping, false 
  5.4   imprisonment, criminal sexual conduct in the first, second, 
  5.5   third, and fourth degrees, theft of a firearm, felony theft 
  5.6   involving the intentional taking or driving of a motor vehicle 
  5.7   without the consent of the owner or the authorized agent of the 
  5.8   owner, felony theft involving the taking of property from a 
  5.9   burning, abandoned, or vacant building, or from an area of 
  5.10  destruction caused by civil disaster, riot, bombing, or the 
  5.11  proximity of battle, felony theft involving the theft of a 
  5.12  controlled substance, an explosive, or an incendiary device, 
  5.13  arson in the first and second degrees, riot, burglary in the 
  5.14  first, second, third, and fourth degrees, harassment and 
  5.15  stalking, shooting at a public transit vehicle or facility, 
  5.16  reckless use of a gun or dangerous weapon, intentionally 
  5.17  pointing a gun at or towards a human being, setting a spring 
  5.18  gun, and unlawfully owning, possessing, operating a machine gun 
  5.19  or short-barreled shotgun, and an attempt to commit any of these 
  5.20  offenses, as each of those offenses is defined in chapter 609.  
  5.21  "Crime of violence" also includes felony violations of the 
  5.22  following:  malicious punishment of a child; neglect or 
  5.23  endangerment of a child; and chapter 152. 
  5.24     Sec. 6.  [REPEALER.] 
  5.25     Minnesota Statutes 1998, sections 609.2231, subdivision 4; 
  5.26  and 609.595, subdivision 1a, are repealed. 
  5.27     Sec. 7.  [EFFECTIVE DATE.] 
  5.28     Sections 1 to 6 are effective August 1, 1999, and apply to 
  5.29  crimes committed on or after that date.