HF 3009

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to crime; creating enhanced penalties for the crime of domestic assault
committed in the presence of a child; amending Minnesota Statutes 2004, section
609.2242, subdivisions 2, 4.

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

Section 1.

Minnesota Statutes 2004, section 609.2242, subdivision 2, is amended to
read:

Subd. 2.

Gross misdemeanor.

new text begin (a) new text end Whoever violates subdivision 1 during the
time period between a previous qualified domestic violence-related offense conviction
or adjudication of delinquency against a family or household member as defined in
section 518B.01, subdivision 2, and the end of the five years following discharge from
sentence or disposition for that offense is guilty of a gross misdemeanor and may be
sentenced to imprisonment for not more than one year or to payment of a fine of not
more than $3,000, or both.

new text begin (b) Whoever violates subdivision 1 while in the physical presence of a minor child
or having knowledge that a minor child is in a location where the child may see or hear
the violation is guilty of a gross misdemeanor and may be sentenced to imprisonment for
not more than one year or to payment of a fine of not more than $3,000, or both. As used
in this paragraph, "minor child" includes the person or victim's child, stepchild, or other
minor residing within the household of the person or victim.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2004, section 609.2242, subdivision 4, is amended to read:

Subd. 4.

Felony.

new text begin (a) new text end Whoever violates the provisions of this section or section
609.224, subdivision 1, against the same victim during the time period between the first
of any combination of two or more previous qualified domestic violence-related offense
convictions or adjudications of delinquency and the end of the five years following
discharge from sentence or disposition for that offense is guilty of a felony and may be
sentenced to imprisonment for not more than five years or payment of a fine of not more
than $10,000, or both.

new text begin (b) A person convicted of a second or subsequent violation of subdivision 2,
paragraph (b), is guilty of a felony and may be sentenced to imprisonment for not more
than five years or payment of a fine of not more than $10,000, or both.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end