HF 3192

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; enhancing sentences for violent crimes committed in
school zones; proposing coding for new law in Minnesota Statutes, chapter 609.

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

Section 1.

new text begin [609.1096] INCREASED PENALTIES FOR VIOLENT CRIME IN A
SCHOOL ZONE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in this section:
new text end

new text begin (a) "Crime of violence" means a violation of or an attempt or conspiracy to violate
any of the following laws of this state or any similar laws of the United States or any other
state: sections 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 609.21; 609.221;
609.222; 609.223; 609.2231; 609.2242; 609.2247; 609.228; 609.229; 609.235; 609.24;
609.245; 609.25; 609.255; 609.26; 609.2661; 609.2662; 609.2663; 609.2664; 609.2665;
609.267; 609.2671; 609.2672; 609.268; 609.342; 609.343; 609.344; 609.345; 609.3451;
609.3453; 609.352; 609.377; 609.378; 609.487; 609.498; 609.561; 609.562; 609.563;
609.5631; 609.5632; 609.582; 609.687; 609.713; 609.748; 609.749; 617.23; 617.246;
617.247; and 624.713.
new text end

new text begin (b) "School zone" means:
new text end

new text begin (1) any property owned, leased, or controlled by a school district or an organization
operating a nonpublic school, as defined in section 123B.41, subdivision 9, where an
elementary, middle, secondary school, secondary vocational center, or other school
providing education services in kindergarten through grade 12 is located, or used for
educational purposes, or where extracurricular or cocurricular activities are regularly
provided;
new text end

new text begin (2) the area surrounding school property as described in clause (1) to a distance of
1,000 feet or one city block, whichever distance is greater, beyond the school property;
new text end

new text begin (3) that portion of a building or facility under the temporary, exclusive control of
a public or nonpublic school, a school district, or an association of such entities where
conspicuous signs are prominently posted at each entrance that give actual notice to
persons of the school-related use;
new text end

new text begin (4) the area within a school bus when that bus is being used to transport one or more
elementary or secondary school students to or from school-related activities, including
curricular, cocurricular, noncurricular, extracurricular, and supplementary activities; and
new text end

new text begin (5) the designated area where students wait for school buses or are dropped off by
school buses.
new text end

new text begin Subd. 2. new text end

new text begin Crime. new text end

new text begin A person who commits a crime of violence in a school zone is
guilty of a crime and shall be sentenced as provided in subdivision 3.
new text end

new text begin Subd. 3. new text end

new text begin Penalty. new text end

new text begin (a) If the underlying crime committed in violation of subdivision
2 is a felony, the statutory maximum term of imprisonment is five years longer than the
statutory maximum for the underlying crime.
new text end

new text begin (b) If the underlying crime committed in violation of subdivision 2 is a gross
misdemeanor, the person is guilty of a felony and may be sentenced to imprisonment for
not more than two years or to payment of a fine of not more than $10,000, or both.
new text end

new text begin (c) If the underlying crime committed in violation of subdivision 2 is a misdemeanor,
the person is guilty of a gross misdemeanor.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2008, and applies to crimes
committed on or after that date.
new text end