HF 3874

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 prevention; increasing the penalties 
  1.3             for a person who aids another after commission of a 
  1.4             crime; increasing the limitations period for crimes 
  1.5             that result in the death of a victim; providing that 
  1.6             the limitations period for an offense does not apply 
  1.7             to any time period during which the offender concealed 
  1.8             necessary evidence; instructing the sentencing 
  1.9             guidelines commission to establish guidelines for 
  1.10            sentencing an offender who aids another after 
  1.11            commission of a crime; amending Minnesota Statutes 
  1.12            1998, sections 609.495, subdivision 3; and 628.26. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 1998, section 609.495, 
  1.15  subdivision 3, is amended to read: 
  1.16     Subd. 3.  Whoever intentionally aids another person known 
  1.17  by the actor to have committed a criminal act, by destroying or 
  1.18  concealing evidence of that crime, providing false or misleading 
  1.19  information about that crime, receiving the proceeds of that 
  1.20  crime, or otherwise obstructing the investigation or prosecution 
  1.21  of that crime is an accomplice after the fact and may be 
  1.22  sentenced to not more than one-half of the statutory maximum 
  1.23  sentence of imprisonment or to payment of a fine of not more 
  1.24  than one-half of the maximum fine that could be imposed on the 
  1.25  principal offender for the crime of violence or both.  For 
  1.26  purposes of this subdivision, "criminal act" means an act that 
  1.27  is a crime listed in section 609.11, subdivision 9, under the 
  1.28  laws of this or another state, or of the United States, and also 
  1.29  includes an act that would be a criminal act if committed by an 
  2.1   adult. 
  2.2      Sec. 2.  Minnesota Statutes 1998, section 628.26, is 
  2.3   amended to read: 
  2.4      628.26 [LIMITATIONS.] 
  2.5      Subdivision 1.  [LIMITATIONS.] (a) Indictments or 
  2.6   complaints for murder may be found or made at any time after the 
  2.7   death of the person killed.  
  2.8      (b) Unless a longer limitations period is provided by this 
  2.9   section, indictments or complaints for a crime resulting in the 
  2.10  death of a victim shall be found or made and filed in the proper 
  2.11  court within seven years after the commission of the offense. 
  2.12     (c) Indictments or complaints for violation of section 
  2.13  609.42, subdivision 1, clause (1) or (2), shall be found or made 
  2.14  and filed in the proper court within six years after the 
  2.15  commission of the offense.  
  2.16     (c) (d) Indictments or complaints for violation of sections 
  2.17  609.342 to 609.345 if the victim was under the age of 18 years 
  2.18  at the time the offense was committed, shall be found or made 
  2.19  and filed in the proper court within nine years after the 
  2.20  commission of the offense or, if the victim failed to report the 
  2.21  offense within this limitation period, within three years after 
  2.22  the offense was reported to law enforcement authorities. 
  2.23     (d) (e) Indictments or complaints for violation of sections 
  2.24  609.342 to 609.344 if the victim was 18 years old or older at 
  2.25  the time the offense was committed, shall be found or made and 
  2.26  filed in the proper court within nine years after the commission 
  2.27  of the offense. 
  2.28     (e) (f) Indictments or complaints for violation of sections 
  2.29  609.466 and 609.52, subdivision 2, clause (3)(c) shall be found 
  2.30  or made and filed in the proper court within six years after the 
  2.31  commission of the offense. 
  2.32     (f) (g) Indictments or complaints for violation of section 
  2.33  609.52, subdivision 2, clause (3), items (a) and (b), (4), (15), 
  2.34  or (16), 609.631, or 609.821, where the value of the property or 
  2.35  services stolen is more than $35,000, shall be found or made and 
  2.36  filed in the proper court within five years after the commission 
  3.1   of the offense. 
  3.2      (g) (h) Except for violations relating to false material 
  3.3   statements, representations or omissions, indictments or 
  3.4   complaints for violations of section 609.671 shall be found or 
  3.5   made and filed in the proper court within five years after the 
  3.6   commission of the offense.  
  3.7      (h) (i) Indictments or complaints for violation of sections 
  3.8   609.561 to 609.563, shall be found or made and filed in the 
  3.9   proper court within five years after the commission of the 
  3.10  offense. 
  3.11     (i) (j) In all other cases, indictments or complaints shall 
  3.12  be found or made and filed in the proper court within three 
  3.13  years after the commission of the offense. 
  3.14     (j) Subd. 2.  [TOLLING.] (a) The limitations periods 
  3.15  contained in this section shall exclude any period of time 
  3.16  during which the defendant was not an inhabitant of or usually 
  3.17  resident within this state. 
  3.18     (k) (b) The limitations periods contained in this section 
  3.19  for an offense shall not include any period during which the 
  3.20  alleged offender participated under a written agreement in a 
  3.21  pretrial diversion program relating to that offense. 
  3.22     (1) (c) The limitations periods contained in this section 
  3.23  shall not include any period of time during which physical 
  3.24  evidence relating to the offense was undergoing DNA analysis, as 
  3.25  defined in section 299C.155, unless the defendant demonstrates 
  3.26  that the prosecuting or law enforcement agency purposefully 
  3.27  delayed the DNA analysis process in order to gain an unfair 
  3.28  advantage. 
  3.29     (d) The limitations periods contained in this section for 
  3.30  an offense shall not include any period of time during which the 
  3.31  defendant actively conceals evidence necessary for prosecution 
  3.32  of that offense. 
  3.33     Sec. 3.  [SENTENCING GUIDELINES COMMISSION; INSTRUCTION.] 
  3.34     The sentencing guidelines commission is requested to 
  3.35  establish guidelines and procedures for imposition of a 
  3.36  presumptive sentence on an offender for a felony violation of 
  4.1   Minnesota Statutes, section 609.495, subdivision 3, which is 
  4.2   equivalent in severity level to the presumptive sentence that 
  4.3   applies to the principal offender who committed the crime of 
  4.4   violence. 
  4.5      Sec. 4.  [EFFECTIVE DATE.] 
  4.6      Sections 1 and 2 are effective August 1, 2000, and apply to 
  4.7   crimes committed on or after that date.