HF 5396

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/18/2024 02:53pm

A bill for an act
relating to public safety; increasing criminal liability for certain crimes resulting
in felony murder; modifying criminal liability for conviction of aiding and abetting
felony murder; reviving Task Force on Aiding and Abetting Felony Murder;
amending Minnesota Statutes 2022, section 609.19, subdivisions 1, 2, by adding
a subdivision; Minnesota Statutes 2023 Supplement, section 609.05, subdivision
2a.

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

Section 1.

Minnesota Statutes 2023 Supplement, section 609.05, subdivision 2a, is amended
to read:

Subd. 2a.

Exception.

(a) A person may not be held criminally liable for a violation of
section 609.185, paragraph (a), clause (3), for a death caused by another unless the person
intentionally aided, advised, hired, counseled, or conspired with or otherwise procured the
other with the intent to cause the death of a human being.

new text begin (b) A person may not be held criminally liable for a violation of section 609.185,
paragraph (a), clause (1), for a death of a human being caused by another unless the person
intentionally aided, advised, hired, counseled, or conspired with or otherwise procured the
other with premeditation and with intent to cause the death of a human being.
new text end

new text begin (c) A person may not be held criminally liable for a violation of section 609.19,
subdivision (1), clause (1), for a death of a human being caused by another unless the person
intentionally aided, advised, hired, counseled, or conspired with or otherwise procured the
other with the intent to cause the death of a human being.
new text end

deleted text begin (b) deleted text end new text begin (d) new text end A person may not be held criminally liable for a violation of section 609.19,
subdivision 2, clause (1), for a death caused by another unless the person was a major
participant in the underlying felony and acted with extreme indifference to human life.

deleted text begin (c) deleted text end new text begin (e) new text end As used in this subdivision, "major participant" means a person who:

(1) used a deadly weapon during the commission of the underlying felony or provided
a deadly weapon to another participant where it was reasonably foreseeable that the weapon
would be used in the underlying felony;

(2) caused substantial bodily harm to another during the commission of the underlying
felony;

(3) coerced or hired a participant to undertake actions in furtherance of the underlying
felony that proximately caused the death, and where it was reasonably foreseeable that such
actions would cause death or great bodily harm; or

(4) impeded another person from preventing the death either by physical action or by
threat of physical action where it was reasonably foreseeable that death or great bodily harm
would result.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2022, section 609.19, subdivision 2, is amended to read:

Subd. 2.

Unintentional murders.

Whoever does either of the following is guilty of
unintentional murder in the second degree and may be sentenced to imprisonment for not
more than 40 years:

(1) causes the death of a human being, without intent to effect the death of any person,
while committing or attempting to commit deleted text begin a felony offense other than criminal sexual
conduct in the first or second degree with force or violence or a drive-by shooting deleted text end new text begin burglary;
aggravated robbery; carjacking in the first or second degree; kidnapping; arson in the first
or second degree; a drive-by shooting; tampering with a witness in the first degree; escape
from custody; any felony violation of chapter 152 involving the unlawful sale of a controlled
substance; any felony violation of malicious punishment of a child; any felony violation of
domestic assault; domestic assault by strangulation; or a felony crime to further terrorism new text end ;
or

(2) causes the death of a human being without intent to effect the death of any person,
while intentionally inflicting or attempting to inflict bodily harm upon the victim, when the
perpetrator is restrained under an order for protection and the victim is a person designated
to receive protection under the order. As used in this clause, "order for protection" includes
an order for protection issued under chapter 518B; a harassment restraining order issued
under section 609.748; a court order setting conditions of pretrial release or conditions of
a criminal sentence or juvenile court disposition; a restraining order issued in a marriage
dissolution action; and any order issued by a court of another state or of the United States
that is similar to any of these orders.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2022, section 609.19, is amended by adding a subdivision to
read:

new text begin Subd. 3. new text end

new text begin Exception. new text end

new text begin A person shall not be held liable for a violation of section 609.19,
subdivision 2, clause (1), unless their acts present a special danger to human life based on
the circumstances under which the predicate felony was committed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to crimes
committed on or after that date.
new text end

Sec. 4. new text begin TASK FORCE ON AIDING AND ABETTING FELONY MURDER.
new text end

new text begin (a) Laws 2021, First Special Session chapter 11, article 2, section 53, subdivisions 2, 3,
4, and 5, are revived and reenacted on the effective date of this section to expand the focus
of the task force's duties and work on felony murder, aiding and abetting liability generally,
and other implicated issues pursuant to recommendation number six in the February 14,
2024, Task Force on Aiding and Abetting Felony Murder report to the Minnesota legislature.
new text end

new text begin (b) On or before February 1, 2026, the task force shall submit a report to the chairs and
ranking minority members of the legislative committees and divisions with jurisdiction over
crime and sentencing on the findings and recommendations of the task force.
new text end

new text begin (c) The task force expires February 2, 2026, or the day after submitting its report under
paragraph (b), whichever is earlier.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024.
new text end