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HF 3128

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/28/2023 10:23am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to public safety; prohibiting courts from sentencing a person without regard
to the mandatory minimum sentence applicable to certain designated crimes;
amending Minnesota Statutes 2022, section 609.11, subdivision 8, by adding a
subdivision.

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

Section 1.

Minnesota Statutes 2022, section 609.11, subdivision 8, is amended to read:


Subd. 8.

Motion by prosecutornew text begin ; dangerous weapons casesnew text end .

(a) Except as otherwise
provided in deleted text begin paragraphsdeleted text end new text begin paragraph new text end (b) deleted text begin and (c)deleted text end , prior to the time of sentencing, the prosecutor
may file a motion to have the defendant sentenced without regard to the mandatory minimum
deleted text begin sentencesdeleted text end new text begin sentence new text end established deleted text begin by this sectiondeleted text end new text begin in subdivision 4new text end . 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 deleted text begin sentencesdeleted text end new text begin sentence new text end established deleted text begin by this sectiondeleted text end new text begin in subdivision 4 new text end 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 deleted text begin sentencesdeleted text end new text begin sentence new text end established deleted text begin by this sectiondeleted text end
new text begin in subdivision 4 new text end 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.

deleted 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 section 152.021, subdivision 1, or 152.022,
subdivision 1
, and the person or an accomplice possessed on their person or within immediate
reach, or used, whether by brandishing, displaying, threatening with, or otherwise employing,
a firearm.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2022, section 609.11, is amended by adding a subdivision to
read:


new text begin Subd. 8a. new text end

new text begin Motion by prosecutor; firearms cases. new text end

new text begin (a) Except as otherwise provided in
paragraphs (c) and (d), prior to the time of sentencing, the prosecutor may file a motion to
have the defendant sentenced without regard to the mandatory minimum sentence established
in subdivision 5 for a case in which the basis for the mandatory sentence is that the
defendant's accomplice had a firearm in possession at the time of the offense. The motion
may be made only if the defendant was unaware that the accomplice possessed the firearm.
No motion to sentence a defendant without regard to the mandatory sentence applicable in
subdivision 5 may be made or granted for any other reason or in any other situation.
new text end

new text begin (b) The motion under paragraph (a) shall be accompanied by a statement on the record
of the reasons for the motion. When presented with the motion, or on its own motion, the
court may sentence the defendant without regard to the mandatory minimum sentence
established in subdivision 5 if the court finds that the criteria in paragraph (a) have been
met and there are substantial and compelling reasons to do so. A sentence imposed under
this subdivision is a departure from the Sentencing Guidelines.
new text end

new text begin (c) The court may not, on its own motion or the prosecutor's motion, sentence a defendant
described in paragraph (a) without regard to the mandatory minimum sentence established
in subdivision 5 if the defendant previously had been convicted of an offense listed in
subdivision 9 in which the defendant used or possessed a firearm or other dangerous weapon.
new text end

new text begin (d) The court may not, on its own motion or the prosecutor's motion, sentence a defendant
described in paragraph (a) without regard to the mandatory minimum sentence established
by subdivision 5 if the defendant was convicted of a crime under section 152.021, subdivision
1, or 152.022, subdivision 1, and the person or an accomplice possessed on their person or
within immediate reach, or used, whether by brandishing, displaying, threatening with, or
otherwise employing, a firearm.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end