Minnesota Legislature
HF 2107
as introduced - 89th Legislature (2015 - 2016) Posted on 03/25/2015 10:52am
Current Version - as introduced
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A bill for an act
relating to criminal justice; modifying the thresholds for certain controlled
substance crimes; creating new offenses specific to the possession of marijuana
plants; eliminating mandatory minimum sentences for lower level controlled
substance crimes while modifying the mandatory minimums for first and second
degree crimes; appropriating money; amending Minnesota Statutes 2014, sections
152.01, subdivisions 10, 16a, by adding a subdivision; 152.021, subdivisions 1, 2,
3, by adding a subdivision; 152.022, subdivisions 1, 2, 3, by adding a subdivision;
152.023, subdivisions 2, 3; 152.024, subdivision 3; 152.025, subdivisions 1, 2;
152.026; 152.18, subdivision 1; 244.10, subdivision 5a; 609.11, subdivision 8;
proposing coding for new law in Minnesota Statutes, chapter 241.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2014, section 152.01, subdivision 10, is amended to read:
Subd. 10.
Narcotic drug.
"Narcotic drug" means any of the following, whether
produced directly or indirectly by extraction from substances of vegetable origin, or
independently by means of chemical synthesis, or by a combination of extraction and
chemical synthesis:
(1) new text begin cocaine, heroin, new text end opium, coca leaves, opiates, and methamphetamine;
(2) a compound, manufacture, salt, derivative, or preparation of new text begin cocaine, heroin,
new text end opium, coca leaves, opiates, or methamphetamine;
(3) a substance, and any compound, manufacture, salt, derivative, or preparation
thereof, which is chemically identical with any of the substances referred to in clauses
(1) and (2), except that the words "narcotic drug" as used in this chapter shall not include
decocainized coca leaves or extracts of coca leaves, which extracts do not contain cocaine
or ecgonine.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2014, section 152.01, subdivision 16a, is amended to read:
Subd. 16a.
Subsequent controlled substance conviction.
deleted text begin Notwithstanding section
152.18, subdivision 1,deleted text end A "subsequent controlled substance conviction" means that before
commission of the offense for which the person is convicted under this chapter, the person
deleted text begin received a disposition for a felony-level offense under section 152.18, subdivision 1,deleted text end was
convicted in Minnesota of a deleted text begin felonydeleted text end violation of deleted text begin this chapter or a felony-leveldeleted text end new text begin section
152.021 or 152.022, including annew text end attempt or conspiracy deleted text begin to violate this chapterdeleted text end , or was
convicted deleted text begin elsewhere for conduct that would have been a felony under this chapter if
committed in Minnesota. An earlier disposition for a felony-level offense under section
152.18, subdivision 1, or an earlier conviction is not relevant ifdeleted text end new text begin of a similar offense by the
United States or another state, provided thatnew text end ten years havenew text begin notnew text end elapsed since discharge
from sentence deleted text begin or stay of adjudicationdeleted text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end
Sec. 3.
Minnesota Statutes 2014, section 152.01, is amended by adding a subdivision
to read:
new text begin Subd. 24. new text end
new text begin Aggravating factors. new text end
new text begin
"Aggravating factors" include:
new text end
new text begin
(1) the defendant, or an accomplice, knowingly possessed a firearm or other
dangerous weapon, as defined in section 609.02, subdivision 6, during the commission
of the offense;
new text end
new text begin
(2) the defendant has a prior conviction for a crime of violence, as defined in
section 609.1095, subdivision 1, paragraph (d), other than a violation of a provision under
chapter 152, including an attempt or conspiracy, or was convicted of a similar offense by
the United States or another state;
new text end
new text begin
(3) the offense was committed for the benefit of a criminal gang as described
in section 609.229;
new text end
new text begin
(4) the offense involved separate acts of sale or possession of a controlled substance
in three or more counties;
new text end
new text begin
(5) the offense involved the transfer of controlled substances across a state or
international border and into Minnesota;
new text end
new text begin
(6) the offense involved at least three separate transactions in which controlled
substances were sold, transferred, or possessed with intent to sell or transfer;
new text end
new text begin
(7) the circumstances of the offense reveal the defendant to have occupied a high
position in the drug distribution hierarchy;
new text end
new text begin
(8) the defendant used a position or status to facilitate the commission of the offense,
including positions of trust, confidence, or fiduciary relationships;
new text end
new text begin
(9) the offense involved the sale of a controlled substance to a minor or vulnerable
adult;
new text end
new text begin
(10) the defendant, or an accomplice, manufactured, possessed, or sold a controlled
substance in a school zone; park zone; public housing zone; federal, state, or local
correctional facility; or drug treatment facility; and
new text end
new text begin
(11) the defendant or an accomplice possessed equipment, drug paraphernalia,
documents, or monies evidencing that the offense involved the cultivation, manufacture,
distribution, or possession of controlled substances in quantities substantially larger than
the minimum threshold amount for the underlying offense.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end
Sec. 4.
Minnesota Statutes 2014, section 152.021, subdivision 1, is amended to read:
Subdivision 1.
Sale crimes.
A person is guilty of controlled substance crime in
the first degree if:
(1) on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures of a total weight of deleted text begin tendeleted text end new text begin 25new text end grams or more containing deleted text begin cocaine, heroin,
or methamphetaminedeleted text end new text begin a narcotic drug other than heroinnew text end ;
new text begin
(2) on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures of a total weight of ten grams or more containing heroin;
new text end
deleted text begin (2)deleted text end new text begin (3)new text end on one or more occasions within a 90-day period the person unlawfully sells
one or more mixtures of a total weight of deleted text begin 50deleted text end new text begin tennew text end grams or more containing a narcotic drug
other than deleted text begin cocaine,deleted text end heroindeleted text begin , or methamphetaminedeleted text end new text begin and an aggravating factor is presentnew text end ;
deleted text begin (3)deleted text end new text begin (4)new text end on one or more occasions within a 90-day period the person unlawfully sells
one or more mixtures of a total weight of 50 grams or more containing amphetamine,
phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units,
equaling 200 or more dosage units; deleted text begin or
deleted text end
deleted text begin (4)deleted text end new text begin (5)new text end on one or more occasions within a 90-day period the person unlawfully sells
one or more mixtures of a total weight of deleted text begin 50deleted text end new text begin 25new text end kilograms or more containing marijuana or
Tetrahydrocannabinolsdeleted text begin , or one or more mixtures of a total weight of 25 kilograms or more
containing marijuana or Tetrahydrocannabinols in a school zone, a park zone, a public
housing zone, or a drug treatment facility.deleted text end new text begin ; or
new text end
new text begin
(6) on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures of a total weight of ten kilograms or more containing marijuana or
Tetrahydrocannabinols and an aggravating factor is present.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end
Sec. 5.
Minnesota Statutes 2014, section 152.021, subdivision 2, is amended to read:
Subd. 2.
Possession crimes.
(a) A person is guilty of a controlled substance crime
in the first degree if:
(1) the person unlawfully possesses one or more mixtures of a total weight of deleted text begin 25deleted text end new text begin
50new text end grams or more containing deleted text begin cocaine, heroin, or methamphetaminedeleted text end new text begin a narcotic drug
other than heroinnew text end ;
new text begin
(2) the person unlawfully possesses one or more mixtures of a total weight of 25
grams or more containing heroin;
new text end
deleted text begin (2)deleted text end new text begin (3)new text end the person unlawfully possesses one or more mixtures of a total weight
of deleted text begin 500deleted text end new text begin 25new text end grams or more containing a narcotic drug other than deleted text begin cocaine,deleted text end heroindeleted text begin , or
methamphetaminedeleted text end new text begin and an aggravating factor is presentnew text end ;
deleted text begin (3)deleted text end new text begin (4)new text end the person unlawfully possesses one or more mixtures of a total weight of
500 grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the
controlled substance is packaged in dosage units, equaling 500 or more dosage units; or
deleted text begin (4)deleted text end new text begin (5)new text end the person unlawfully possesses one or more mixtures of a total weight
of deleted text begin 100deleted text end new text begin 50new text end kilograms or morenew text begin , or 500 or more plants,new text end containing marijuana or
Tetrahydrocannabinolsdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(6) the person unlawfully possesses one or more mixtures of a total weight of 25
kilograms or more, or 100 or more plants, containing marijuana or Tetrahydrocannabinols
and an aggravating factor is present.
new text end
(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
not be considered in measuring the weight of a mixture except in cases where the mixture
contains four or more fluid ounces of fluid.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end
Sec. 6.
Minnesota Statutes 2014, section 152.021, subdivision 3, is amended to read:
Subd. 3.
Penalty.
(a) A person convicted under subdivisions 1 to 2a, paragraph (a),
may be sentenced to imprisonment for not more than 30 years or to payment of a fine of
not more than $1,000,000, or both.
(b) deleted text begin If the conviction is a subsequent controlled substance conviction, a person
convicted under subdivisions 1 to 2a, paragraph (a), shall be committed to the
commissioner of corrections for not less than four years nor more than 40 years and, in
addition, may be sentenced to payment of a fine of not more than $1,000,000.
deleted text end
deleted text begin (c)deleted text end In a prosecution under subdivision 1 involving sales by the same person in two or
more counties within a 90-day period, the person may be prosecuted for all of the sales in
any county in which one of the sales occurred.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end
Sec. 7.
Minnesota Statutes 2014, section 152.021, is amended by adding a subdivision
to read:
new text begin Subd. 4. new text end
new text begin Aggravated controlled substance crime in the first degree. new text end
new text begin
(a) A person
is guilty of aggravated controlled substance crime in the first degree if the person violates
subdivision 1, 2, or 2a, under any of the following circumstances:
new text end
new text begin
(1) the violation is a subsequent controlled substance conviction;
new text end
new text begin
(2) the person possessed or sold a mixture containing more than 100 grams
or more than 500 dosage units of a controlled substance other than marijuana or
Tetrahydrocannabinols;
new text end
new text begin
(3) the person possessed or sold more than 100 kilograms of a mixture, or 1,000 or
more plants, containing marijuana or Tetrahydrocannabinols;
new text end
new text begin
(4) the person violated subdivision 1, clause (3) or (6), and two or more aggravating
factors are present; or
new text end
new text begin
(5) the person violated subdivision 2, clause (3) or (6), and two or more aggravating
factors are present.
new text end
new text begin
When determining the number of aggravating factors present, an aggravating factor
considered under subdivision 1, clause (3) or (6), or subdivision 2, clause (3) or (6), may
be considered also for purposes of clauses (4) and (5).
new text end
new text begin
(b) A person convicted of violating paragraph (a) shall be committed to the
commissioner of corrections for not less than the presumptive sentence under the
sentencing guidelines, nor more than 40 years and, in addition, may be sentenced to
payment of a fine of not more than $1,000,000. The court may not, on its own motion
or motion of the prosecutor or defendant, sentence the defendant without regard to the
mandatory minimum sentence established in this subdivision.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end
Sec. 8.
Minnesota Statutes 2014, section 152.022, subdivision 1, is amended to read:
Subdivision 1.
Sale crimes.
A person is guilty of controlled substance crime
in the second degree if:
(1) on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures of a total weight of deleted text begin threedeleted text end new text begin tennew text end grams or more containing deleted text begin cocaine, heroin,
or methamphetaminedeleted text end new text begin a narcotic drug other than heroinnew text end ;
new text begin
(2) on one or more occasions within a 90-day period, the person unlawfully sells one
or more mixtures of a total weight of three grams or more containing heroin;
new text end
deleted text begin (2)deleted text end new text begin (3)new text end on one or more occasions within a 90-day period the person unlawfully sells
one or more mixtures of a total weight of deleted text begin tendeleted text end new text begin three new text end grams or more containing a narcotic
drug other than deleted text begin cocaine,deleted text end heroindeleted text begin , or methamphetaminedeleted text end new text begin and an aggravating factor is presentnew text end ;
deleted text begin (3)deleted text end new text begin (4)new text end on one or more occasions within a 90-day period the person unlawfully sells
one or more mixtures of a total weight of ten grams or more containing amphetamine,
phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units,
equaling 50 or more dosage units;
deleted text begin (4)deleted text end new text begin (5)new text end on one or more occasions within a 90-day period the person unlawfully sells
one or more mixtures of a total weight of deleted text begin 25deleted text end new text begin tennew text end kilograms or more containing marijuana
or Tetrahydrocannabinols;
new text begin
(6) on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures of a total weight of five kilograms or more containing marijuana or
Tetrahydrocannabinols and an aggravating factor is present;
new text end
deleted text begin (5)deleted text end new text begin (7)new text end the person unlawfully sells any amount of a Schedule I or II narcotic drug
to a person under the age of 18, or conspires with or employs a person under the age
of 18 to unlawfully sell the substance; or
deleted text begin (6)deleted text end new text begin (8)new text end the person unlawfully sells any of the following in a school zone, a park zone,
a public housing zone, or a drug treatment facility:
(i) any amount of a Schedule I or II narcotic drug, lysergic acid diethylamide (LSD),
3,4-methylenedioxy amphetamine, or 3,4-methylenedioxymethamphetamine;
(ii) one or more mixtures containing methamphetamine or amphetamine; or
(iii) one or more mixtures of a total weight of five kilograms or more containing
marijuana or Tetrahydrocannabinols.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end
Sec. 9.
Minnesota Statutes 2014, section 152.022, subdivision 2, is amended to read:
Subd. 2.
Possession crimes.
(a) A person is guilty of controlled substance crime
in the second degree if:
(1) the person unlawfully possesses one or more mixtures of a total weight of deleted text begin sixdeleted text end new text begin
25new text end grams or more containing deleted text begin cocaine, heroin, or methamphetaminedeleted text end new text begin a narcotic drug
other than heroinnew text end ;
new text begin
(2) the person unlawfully possesses one or more mixtures of a total weight of six
grams or more containing heroin;
new text end
deleted text begin (2)deleted text end new text begin (3)new text end the person unlawfully possesses one or more mixtures of a total weight
of deleted text begin 50deleted text end new text begin six new text end grams or more containing a narcotic drug other than deleted text begin cocaine,deleted text end heroindeleted text begin , or
methamphetaminedeleted text end new text begin and an aggravating factor is presentnew text end ;
deleted text begin (3)deleted text end new text begin (4)new text end the person unlawfully possesses one or more mixtures of a total weight of
50 grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the
controlled substance is packaged in dosage units, equaling 100 or more dosage units; deleted text begin or
deleted text end
deleted text begin (4)deleted text end new text begin (5)new text end the person unlawfully possesses one or more mixtures of a total
weight of deleted text begin 50deleted text end new text begin 25new text end kilograms or morenew text begin , or 100 or more plants, new text end containing marijuana or
Tetrahydrocannabinolsdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(6) the person unlawfully possesses one or more mixtures of a total weight of ten
kilograms or more, or 50 or more plants, containing marijuana or Tetrahydrocannabinols,
and an aggravating factor is present.
new text end
(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
not be considered in measuring the weight of a mixture except in cases where the mixture
contains four or more fluid ounces of fluid.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end
Sec. 10.
Minnesota Statutes 2014, section 152.022, subdivision 3, is amended to read:
Subd. 3.
Penalty.
(a) A person convicted under subdivision 1 or 2 may be sentenced
to imprisonment for not more than 25 years or to payment of a fine of not more than
$500,000, or both.
(b) deleted text begin If the conviction is a subsequent controlled substance conviction, a person
convicted under subdivision 1 or 2 shall be committed to the commissioner of corrections
for not less than three years nor more than 40 years and, in addition, may be sentenced to
payment of a fine of not more than $500,000.
deleted text end
deleted text begin (c)deleted text end In a prosecution under subdivision 1 involving sales by the same person in two or
more counties within a 90-day period, the person may be prosecuted for all of the sales in
any county in which one of the sales occurred.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end
Sec. 11.
Minnesota Statutes 2014, section 152.022, is amended by adding a subdivision
to read:
new text begin Subd. 4. new text end
new text begin Aggravated controlled substance crime in the second degree. new text end
new text begin
(a) A
person is guilty of aggravated controlled substance crime in the second degree if the
person violates subdivision 1 or 2 under any of the following circumstances:
new text end
new text begin
(1) the violation is a subsequent controlled substance conviction;
new text end
new text begin
(2) the person violated subdivision 1, clause (3) or (6), and two or more aggravating
factors are present; or
new text end
new text begin
(3) the person violated subdivision 2, clause (3) or (6), and two or more aggravating
factors are present.
new text end
new text begin
When determining the number of aggravating factors present, an aggravating factor
considered under subdivision 1, clause (3) or (6), or subdivision 2, clause (3) or (6), may
be considered also for purposes of clauses (2) and (3).
new text end
new text begin
(b) A person convicted of violating paragraph (a) shall be committed to the
commissioner of corrections for not less than the presumptive sentence under the
sentencing guidelines, nor more than 40 years and, in addition, may be sentenced to
payment of a fine of not more than $500,000. The court may not, on its own motion
or motion of the prosecutor or defendant, sentence the defendant without regard to the
mandatory minimum sentence established in this subdivision.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end
Sec. 12.
Minnesota Statutes 2014, section 152.023, subdivision 2, is amended to read:
Subd. 2.
Possession crimes.
(a) A person is guilty of controlled substance crime in
the third degree if:
(1) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures of a total weight of three grams or more containing deleted text begin cocaine, heroin,
or methamphetaminedeleted text end new text begin a narcotic drugnew text end ;
(2) deleted text begin on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures of a total weight of ten grams or more containing a narcotic drug
other than cocaine, heroin, or methamphetamine;
deleted text end
deleted text begin (3)deleted text end on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures containing a narcotic drug, it is packaged in dosage units, and
equals 50 or more dosage units;
deleted text begin (4)deleted text end new text begin (3)new text end on one or more occasions within a 90-day period the person unlawfully
possesses any amount of a schedule I or II narcotic drug or five or more dosage
units of lysergic acid diethylamide (LSD), 3,4-methylenedioxy amphetamine, or
3,4-methylenedioxymethamphetamine in a school zone, a park zone, a public housing
zone, or a drug treatment facility;
deleted text begin (5)deleted text end new text begin (4)new text end on one or more occasions within a 90-day period the person unlawfully
possesses one or more mixtures of a total weight of ten kilograms or morenew text begin , or 50 or more
plants, new text end containing marijuana or Tetrahydrocannabinols; or
deleted text begin (6)deleted text end new text begin (5) new text end the person unlawfully possesses one or more mixtures containing
methamphetamine or amphetamine in a school zone, a park zone, a public housing zone,
or a drug treatment facility.
(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
not be considered in measuring the weight of a mixture except in cases where the mixture
contains four or more fluid ounces of fluid.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end
Sec. 13.
Minnesota Statutes 2014, section 152.023, subdivision 3, is amended to read:
Subd. 3.
Penalty.
(a) A person convicted under subdivision 1 or 2 may be sentenced
to imprisonment for not more than 20 years or to payment of a fine of not more than
$250,000, or both.
(b) If the conviction is a subsequent controlled substance conviction, a person
convicted under subdivision 1 or 2 deleted text begin shall be committed to the commissioner of corrections
for not less than two years nordeleted text end new text begin may be sentenced to imprisonment for notnew text end more than
30 years deleted text begin and, in addition, may be sentenceddeleted text end new text begin or new text end to payment of a fine of not more than
$250,000new text begin , or bothnew text end .
(c) In a prosecution under subdivision 1 or 2 involving sales or acts of possession
by the same person in two or more counties within a 90-day period, the person may be
prosecuted in any county in which one of the sales or acts of possession occurred.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end
Sec. 14.
Minnesota Statutes 2014, section 152.024, subdivision 3, is amended to read:
Subd. 3.
Penalty.
(a) A person convicted under subdivision 1 or 2 may be sentenced
to imprisonment for not more than 15 years or to payment of a fine of not more than
$100,000, or both.
(b) If the conviction is a subsequent controlled substance conviction, a person
convicted under subdivision 1 or 2 deleted text begin shall be committed to the commissioner of corrections
or to a local correctional authority for not less than one year nordeleted text end new text begin may be sentenced to
imprisonment for not new text end more than 30 years deleted text begin and, in addition, may be sentenceddeleted text end new text begin ornew text end to payment
of a fine of not more than $100,000new text begin , or bothnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end
Sec. 15.
Minnesota Statutes 2014, section 152.025, subdivision 1, is amended to read:
Subdivision 1.
Sale crimes.
(a) A person is guilty of a controlled substance crime in
the fifth degree and if convicted may be sentenced to imprisonment for not more than five
years or to payment of a fine of not more than $10,000, or both if:
(1) the person unlawfully sells one or more mixtures containing marijuana or
tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or
(2) the person unlawfully sells one or more mixtures containing a controlled
substance classified in Schedule IV.
(b) deleted text begin Except as provided in paragraph (c),deleted text end If a person is guilty of a controlled
substance crime in the fifth degree and the conviction is a subsequent controlled substance
conviction, the person convicted deleted text begin shall be committed to the commissioner of corrections
or to a local correctional authority for not less than six months nordeleted text end new text begin may be sentenced
to imprisonment for not new text end more than ten years deleted text begin and, in addition, may be sentenceddeleted text end new text begin ornew text end to
payment of a fine of not more than $20,000new text begin , or both, new text end if:
(1) the person unlawfully sells one or more mixtures containing marijuana or
tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or
(2) the person unlawfully sells one or more mixtures containing a controlled
substance classified in Schedule IV.
deleted text begin
(c) Prior to the time of sentencing, the prosecutor may file a motion to have the
person sentenced without regard to the mandatory minimum sentence established by
paragraph (b). The motion must be accompanied by a statement on the record of the
reasons for it. When presented with the motion, or on its own motion, the court may
sentence the person without regard to the mandatory minimum sentence if the court finds,
on the record, substantial and compelling reasons to do so.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end
Sec. 16.
Minnesota Statutes 2014, section 152.025, subdivision 2, is amended to read:
Subd. 2.
Possession and other crimes.
(a) A person is guilty of controlled
substance crime in the fifth degree and if convicted may be sentenced to imprisonment for
not more than five years or to payment of a fine of not more than $10,000, or both if:
(1) the person unlawfully possesses one or more mixtures containing a controlled
substance classified in Schedule I, II, III, or IV, except a small amount of marijuana; or
(2) the person procures, attempts to procure, possesses, or has control over a
controlled substance by any of the following means:
(i) fraud, deceit, misrepresentation, or subterfuge;
(ii) using a false name or giving false credit; or
(iii) falsely assuming the title of, or falsely representing any person to be, a
manufacturer, wholesaler, pharmacist, physician, doctor of osteopathy licensed to practice
medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of
obtaining a controlled substance.
(b) deleted text begin Except as provided in paragraph (c),deleted text end If a person is guilty of a controlled
substance crime in the fifth degree and the conviction is a subsequent controlled substance
conviction, the person convicted deleted text begin shall be committed to the commissioner of corrections
or to a local correctional authority for not less than six months nordeleted text end new text begin may be sentenced
to imprisonment for notnew text end more than ten years deleted text begin and, in addition, may be sentenceddeleted text end new text begin or new text end to
payment of a fine of not more than $20,000new text begin , or both,new text end if:
(1) the person unlawfully possesses one or more mixtures containing a controlled
substance classified in Schedule I, II, III, or IV, except a small amount of marijuana; or
(2) the person procures, attempts to procure, possesses, or has control over a
controlled substance by any of the following means:
(i) fraud, deceit, misrepresentation, or subterfuge;
(ii) using a false name or giving false credit; or
(iii) falsely assuming the title of, or falsely representing any person to be, a
manufacturer, wholesaler, pharmacist, physician, doctor of osteopathy licensed to practice
medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of
obtaining a controlled substance.
deleted text begin
(c) Prior to the time of sentencing, the prosecutor may file a motion to have the
person sentenced without regard to the mandatory minimum sentence established by
paragraph (b). The motion must be accompanied by a statement on the record of the
reasons for it. When presented with the motion, or on its own motion, the court may
sentence the person without regard to the mandatory minimum sentence if the court finds,
on the record, substantial and compelling reasons to do so.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end
Sec. 17.
Minnesota Statutes 2014, section 152.026, is amended to read:
152.026 MANDATORY SENTENCES.
A defendant convicted and sentenced to a mandatory sentence under deleted text begin sectionsdeleted text end new text begin
sectionnew text end 152.021 deleted text begin to 152.025 and 152.0262deleted text end new text begin or 152.022new text end is not eligible for probation, parole,
discharge, or supervised release until that person has served the full term of imprisonment
as provided by law, notwithstanding sections 242.19, 243.05, 609.12, and 609.135. "Term
of imprisonment" has the meaning given in section 244.01, subdivision 8.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end
Sec. 18.
Minnesota Statutes 2014, section 152.18, subdivision 1, is amended to read:
Subdivision 1.
Deferring prosecution for certain first time drug offenders.
new text begin (a)
new text end If any person who has not previously participated in or completed a diversion program
authorized under section 401.065 or who has not previously been placed on probation
without a judgment of guilty and thereafter been discharged from probation under
this section is found guilty of a violation of section 152.024, subdivision 2, 152.025,
subdivision 2, or 152.027, subdivision 2, 3, 4, or 6, paragraph (d), for possession of a
controlled substance, after trial or upon a plea of guilty, and the court determines that the
deleted text begin violation does not qualify as a subsequent controlled substance conviction under section
152.01, subdivision 16adeleted text end new text begin person does not have a prior controlled substance convictionnew text end , the
court may, without entering a judgment of guilty and with the consent of the person, defer
further proceedings and place the person on probation upon such reasonable conditions
as it may require and for a period, not to exceed the maximum sentence provided for the
violation. The court may give the person the opportunity to attend and participate in an
appropriate program of education regarding the nature and effects of alcohol and drug
abuse as a stipulation of probation. Upon violation of a condition of the probation, the
court may enter an adjudication of guilt and proceed as otherwise provided. The court
may, in its discretion, dismiss the proceedings against the person and discharge the
person from probation before the expiration of the maximum period prescribed for the
person's probation. If during the period of probation the person does not violate any of the
conditions of the probation, then upon expiration of the period the court shall discharge the
person and dismiss the proceedings against that person. Discharge and dismissal under this
subdivision shall be without court adjudication of guilt, but a not public record of it shall
be retained by the Bureau of Criminal Apprehension for the purpose of use by the courts
in determining the merits of subsequent proceedings against the person. The not public
record may also be opened only upon court order for purposes of a criminal investigation,
prosecution, or sentencing. Upon request by law enforcement, prosecution, or corrections
authorities, the bureau shall notify the requesting party of the existence of the not public
record and the right to seek a court order to open it pursuant to this section. The court shall
forward a record of any discharge and dismissal under this subdivision to the bureau which
shall make and maintain the not public record of it as provided under this subdivision. The
discharge or dismissal shall not be deemed a conviction for purposes of disqualifications
or disabilities imposed by law upon conviction of a crime or for any other purpose.
new text begin (b) new text end For purposes of this subdivisiondeleted text begin ,deleted text end new text begin : (1)new text end "not public" has the meaning given in
section 13.02, subdivision 8anew text begin ; and (2) a "prior controlled substance conviction" means
a conviction in Minnesota of a felony violation of this chapter or a felony-level attempt
or conspiracy to violate this chapter, or a conviction for a similar offense by the United
States or another state that would have been a felony under this chapter if committed
in Minnesota. A prior controlled substance conviction is not relevant if ten years have
elapsed since discharge from sentencenew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end
Sec. 19.
new text begin
[241.90] COMMUNITY JUSTICE REINVESTMENT ACCOUNT.
new text end
new text begin
The community justice reinvestment account is an account in the state treasury.
Money in the account must be used as directed by the legislature for specified purposes
related to reinvesting savings from reforms in the criminal justice system towards
targeted treatment, education, and reentry programs, enhanced community supervision,
and specialty courts.
new text end
Sec. 20.
Minnesota Statutes 2014, section 244.10, subdivision 5a, is amended to read:
Subd. 5a.
Aggravating factors.
(a) As used in this section, "aggravating factors"
include, but are not limited to, situations where:
(1) the victim was particularly vulnerable due to age, infirmity, or reduced physical
or mental capacity, which was known or should have been known to the offender;
(2) the victim was treated with particular cruelty for which the offender should
be held responsible;
(3) the current conviction is for a criminal sexual conduct offense or an offense
in which the victim was otherwise injured and there is a prior felony conviction for a
criminal sexual conduct offense or an offense in which the victim was otherwise injured;
(4) the offense was a major economic offense, identified as an illegal act or series
of illegal acts committed by other than physical means and by concealment or guile to
obtain money or property, to avoid payment or loss of money or property, or to obtain
business or professional advantage. The presence of two or more of the circumstances
listed below are aggravating factors with respect to the offense:
(i) the offense involved multiple victims or multiple incidents per victim;
(ii) the offense involved an attempted or actual monetary loss substantially greater
than the usual offense or substantially greater than the minimum loss specified in the
statutes;
(iii) the offense involved a high degree of sophistication or planning or occurred
over a lengthy period of time;
(iv) the offender used the offender's position or status to facilitate the commission of
the offense, including positions of trust, confidence, or fiduciary relationships; or
(v) the offender had been involved in other conduct similar to the current offense
as evidenced by the findings of civil or administrative law proceedings or the imposition
of professional sanctions;
(5) the offense was a major controlled substance offense, identified as an offense or
series of offenses related to trafficking in controlled substances under circumstances more
onerous than the usual offense. The presence of two or more of the circumstances listed
below are aggravating factors with respect to the offense:
new text begin
(i) the person or an accomplice knowingly possessed a firearm or other dangerous
weapon during the commission of the offense;
new text end
new text begin
(ii) the person has a prior conviction for a crime of violence, as defined in section
609.1095, subdivision 1, paragraph (d), other than a violation of a provision under chapter
152, including an attempt or conspiracy, or was convicted of a similar offense by the
United States or another state;
new text end
new text begin
(iii) the offense was committed for the benefit of a criminal gang as described in
section 609.229;
new text end
new text begin
(iv) the offense involved the sale or possession of a controlled substance in three or
more counties;
new text end
new text begin
(v) the offense involved the transfer of controlled substances across a state or
international border and into Minnesota;
new text end
deleted text begin (i)deleted text end new text begin (vi)new text end the offense involved at least three separate transactions in which controlled
substances were sold, transferred, or possessed with intent to deleted text begin do sodeleted text end new text begin sell or transfernew text end ;
deleted text begin
(ii) the offense involved an attempted or actual sale or transfer of controlled
substances in quantities substantially larger than for personal use;
deleted text end
deleted text begin
(iii) the offense involved the manufacture of controlled substances for use by
other parties;
deleted text end
deleted text begin
(iv) the offender knowingly possessed a firearm during the commission of the offense;
deleted text end
deleted text begin (v)deleted text end new text begin (vii)new text end the circumstances of the offense reveal the offender to have occupied a high
position in the drug distribution hierarchy;
deleted text begin
(vi) the offense involved a high degree of sophistication or planning or occurred
over a lengthy period of time or involved a broad geographic area of disbursement; or
deleted text end
deleted text begin (vii)deleted text end new text begin (viii)new text end the offender used the offender's position or status to facilitate the
commission of the offense, including positions of trust, confidence, or fiduciary
relationships;new text begin or
new text end
new text begin
(ix) the defendant or an accomplice possessed equipment, drug paraphernalia,
documents, or monies evidencing that the offense involved the cultivation, manufacture,
distribution, or possession of controlled substances in quantities substantially larger than
the minimum threshold amount for the underlying offense;
new text end
(6) the offender committed, for hire, a crime against the person;
(7) the offender is sentenced according to section 609.3455, subdivision 3a;
(8) the offender is a dangerous offender who committed a third violent crime, as
described in section 609.1095, subdivision 2;
(9) the offender is a career offender as described in section 609.1095, subdivision 4;
(10) the offender committed the crime as part of a group of three or more persons
who all actively participated in the crime;
(11) the offender intentionally selected the victim or the property against which the
offense was committed, in whole or in part, because of the victim's, the property owner's,
or another's actual or perceived race, color, religion, sex, sexual orientation, disability,
age, or national origin;
(12) the offender used another's identity without authorization to commit a crimedeleted text begin .
This aggravating factor may not be used when the use of another's identity is an element
of the offensedeleted text end ;
(13) the offense was committed in the presence of a child; and
(14) the offense was committed in a location in which the victim had an expectation
of privacy.
(b) Notwithstanding section 609.04 or 609.035, or other law to the contrary, when a
court sentences an offender for a felony conviction, the court may order an aggravated
sentence beyond the range specified in the sentencing guidelines grid based on any
aggravating factor arising from the same course of conduct.
(c) Nothing in this section limits a court from ordering an aggravated sentence based
on an aggravating factor not described in paragraph (a).
new text begin
(d) A court may not use an aggravating factor under this subdivision as a basis of
ordering an aggravated sentence if the aggravating factor is an element of the underlying
offense being sentenced.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end
Sec. 21.
Minnesota Statutes 2014, section 609.11, subdivision 8, is amended to read:
Subd. 8.
Motion by prosecutor.
(a) Except as otherwise provided in paragraph (b),
prior to the time of sentencing, the prosecutor may file a motion to have the defendant
sentenced without regard to the mandatory minimum sentences established by this section.
The motion shall be accompanied by a statement on the record of the reasons for it. When
presented with the motion, or on its own motion, the court may sentence the defendant
without regard to the mandatory minimum sentences established by this section if the
court finds substantial and compelling reasons to do so. A sentence imposed under this
subdivision is a departure from the Sentencing Guidelines.
(b) The court may not, on its own motion or the prosecutor's motion, sentence a
defendant without regard to the mandatory minimum sentences established by this section
if the defendant previously has been convicted of an offense listed in subdivision 9 in
which the defendant used or possessed a firearm or other dangerous weapon.
new text begin
(c) The court may not, on its own motion or the prosecutor's motion, sentence a
defendant without regard to the mandatory minimum sentences established by subdivision
5, if the defendant was convicted of a crime under chapter 152.
new text end
Sec. 22. new text begin APPROPRIATION.
new text end
new text begin
(a) $....... for the fiscal year ending June 30, 2016, and $....... for the fiscal year
ending June 30, 2017, are appropriated from the general fund to the commissioner of
corrections. The commissioner shall deposit the money from the appropriation into the
community justice reinvestment account described in Minnesota Statutes, section 241.90.
The commissioner may retain up to 50 percent of the money in the account to add chemical
dependency treatment beds in state prisons to serve offenders with an anticipated release
date within five years, to enhance probation and supervised release services for controlled
substance offenders in communities served by the department, and to enhance other
controlled substance offender programs, including education programs, focused on reentry.
The commissioner shall transfer the remaining money in the account to the commissioner
of public safety. The commissioner of public safety, through the Office of Justice
Programs, shall use this money to establish a grant program for local units of government
or nonprofit organizations for chemical dependency and mental health treatment programs,
programs that improve supervision and reduce recidivism of controlled substance
offenders on probation or supervised release or participating in drug courts, and to fund
local participation in new drug court initiatives approved by the Judicial Council.
new text end
new text begin
(b) By January 15, 2018, the commissioners of corrections and public safety
shall report to the chairs and ranking minority members of the senate and house of
representatives committees and divisions having jurisdiction over criminal justice funding
on how the appropriated money was distributed.
new text end
new text begin
(c) By January 15, 2017, and January 15 of each subsequent odd-numbered year, the
commissioner of management and budget shall determine the savings to the state realized
in the preceding fiscal biennium due to this act and add that amount to the base budget of
the Department of Corrections in the governor's proposed budget for the next biennium. If
the legislature appropriates this amount for the next biennium, the money must be used by
the commissioner as provided in paragraph (a).
new text end