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HF 3900

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

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
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Current Version - as introduced

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A bill for an act
 relating to public safety; providing for increased penalties for certain
misdemeanors; amending Minnesota Statutes 2006, section 609.153,
subdivisions 1, 3.

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

Section 1.

Minnesota Statutes 2006, section 609.153, subdivision 1, is amended to read:


Subdivision 1.

Application.

This section applies to the following deleted text begin misdemeanor-level
crimesdeleted text end :

new text begin (1) misdemeanor-level violations of new text end sections 152.093 (manufacture or delivery of
drug paraphernalia prohibited); 152.095 (advertisement of drug paraphernalia prohibited);
new text begin 609.224 (assault); new text end 609.324 (prostitution); 609.3243 (loitering with intent to participate in
prostitution); new text begin 609.52 (theft); 609.53 (receiving stolen property); new text end 609.546 (motor vehicle
tampering); 609.595 (damage to property); new text begin 609.605 (trespass); new text end and 609.66 (dangerous
weapons); deleted text begin misdemeanor-level violations of section 609.605 (trespass);deleted text end and violations of
local ordinances prohibiting the unlawful sale or possession of controlled substancesdeleted text begin .deleted text end new text begin ; and
new text end

new text begin (2) misdemeanor-level violations of section 609.72 (disorderly conduct) and
violations of local ordinances prohibiting trespass and possession of drug paraphernalia.
 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

Sec. 2.

Minnesota Statutes 2006, section 609.153, subdivision 3, is amended to read:


Subd. 3.

Increased penalty.

Notwithstanding the statutory maximum penalty
otherwise applicable to the offense, anew text begin person is guilty of a gross misdemeanor if:
new text end

new text begin (1) the new text end person deleted text begin whodeleted text end commits a deleted text begin misdemeanor-leveldeleted text end crime described in subdivision
1 deleted text begin is guilty of a gross misdemeanor ifdeleted text end new text begin , clause (1), andnew text end the court determines at the time
of sentencing that the person deleted text begin hasdeleted text end new text begin committed the crime within five years of the first ofnew text end
two or more prior convictions in this or any other state for any of the crimes described
in subdivision 1new text begin , clause (1); or
new text end

new text begin (2) the person commits a crime described in subdivision 1, clause (1) or (2), and
the court determines at the time of sentencing that the person committed the crime within
five years of the first of five or more prior convictions in this or any other state for any
combination of the crimes described in subdivision 1new 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