HF 3457

as introduced - 86th Legislature (2009 - 2010) Posted on 03/08/2010 09:34am

A bill for an act
relating to public safety; expanding indeterminate sentencing for sex offenders
with prior convictions for certain predatory offenses; amending Minnesota
Statutes 2008, section 609.3455, subdivision 4.

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

Section 1.

Minnesota Statutes 2008, section 609.3455, subdivision 4, is amended to
read:

Subd. 4.

Mandatory life sentence; repeat offenders.

(a) Notwithstanding the
statutory maximum penalty otherwise applicable to the offense, the court shall sentence a
person to imprisonment for life if the person is convicted of violating section 609.342,
609.343, 609.344, 609.345, or 609.3453 and:

(1) the person has deleted text begin two deleted text end new text begin a prior or new text end previous sex offense deleted text begin convictions deleted text end new text begin conviction new text end ;

(2) the person has a new text begin prior or new text end previous deleted text begin sex offense deleted text end conviction deleted text begin and: deleted text end new text begin for a violation of
the following laws of this state or any similar laws of the United States or any other state:
sections 609.185 (first degree murder); 609.19 (second degree murder); 609.221 (first
degree assault); 609.222 (second degree assault); 609.245 (aggravated robbery); 609.25
(kidnapping); 609.582, subdivision 1 (first degree burglary); 617.246 (creation of child
pornography); or 617.247 (dissemination and possession of child pornography).
new text end

deleted text begin (i) the fact finder determines that the present offense involved an aggravating factor
that would provide grounds for an upward durational departure under the sentencing
guidelines other than the aggravating factor applicable to repeat criminal sexual conduct
convictions;
deleted text end

deleted text begin (ii) the person received an upward durational departure from the sentencing
guidelines for the previous sex offense conviction; or
deleted text end

deleted text begin (iii) the person was sentenced under this section or Minnesota Statutes 2004, section
609.108, for the previous sex offense conviction; or
deleted text end

deleted text begin (3) the person has two prior sex offense convictions, and the fact finder determines
that the prior convictions and present offense involved at least three separate victims, and:
deleted text end

deleted text begin (i) the fact finder determines that the present offense involved an aggravating factor
that would provide grounds for an upward durational departure under the sentencing
guidelines other than the aggravating factor applicable to repeat criminal sexual conduct
convictions;
deleted text end

deleted text begin (ii) the person received an upward durational departure from the sentencing
guidelines for one of the prior sex offense convictions; or
deleted text end

deleted text begin (iii) the person was sentenced under this section or Minnesota Statutes 2004, section
609.108, for one of the prior sex offense convictions.
deleted text end

(b) Notwithstanding paragraph (a), a court may not sentence a person to
imprisonment for life for a violation of section 609.345, unless the deleted text begin person's deleted text end new text begin person:
new text end

new text begin (1) has a new text end previous or prior sex offense deleted text begin convictions that are being used as the basis for
the sentence are deleted text end new text begin conviction new text end for deleted text begin violations deleted text end new text begin a violation new text end of section 609.342, 609.343, 609.344,
or 609.3453, or any similar statute of the United States, this state, or any other state new text begin ; or
new text end

new text begin (2) has a previous or prior conviction for a violation of an offense listed in paragraph
(a), clause (2) new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010, and applies to
offenses committed on or after that date.
new text end