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HF 199

as introduced - 89th Legislature (2015 - 2016) Posted on 01/15/2015 01:55pm

KEY: stricken = removed, old language.
underscored = added, new language.
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Engrossments
Introduction Posted on 01/15/2015

Current Version - as introduced

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A bill for an act
 relating to public safety; amending first-degree burglary to include a violation of
an order for protection as an underlying offense; amending Minnesota Statutes
2014, section 609.582, subdivision 1.

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

Section 1.

Minnesota Statutes 2014, section 609.582, subdivision 1, is amended to read:


Subdivision 1.

Burglary in the first degree.

new text begin (a) new text end Whoever enters a building without
consent and with intent to commit a crime, deleted text begin ordeleted text end enters a building without consent and
commits a crime while in the building, new text begin or enters a building without consent in violation of
an order for protection, new text end either directly or as an accomplice, commits burglary in the first
degree and may be sentenced to imprisonment for not more than 20 years or to payment of
a fine of not more than $35,000, or both, if:

deleted text begin (a)deleted text end new text begin (1)new text end the building is a dwelling and another person, not an accomplice, is present in
it when the burglar enters or at any time while the burglar is in the building;

deleted text begin (b)deleted text end new text begin (2)new text end the burglar possesses, when entering or at any time while in the building, any
of the following: a dangerous weapon, any article used or fashioned in a manner to lead
the victim to reasonably believe it to be a dangerous weapon, or an explosive; or

deleted text begin (c)deleted text end new text begin (3)new text end the burglar assaults a person within the building or on the building's
appurtenant property.

new text begin (b) For purposes of this subdivision, "order for protection" means:
 new text end

new text begin (1) an order for protection issued under chapter 518B;
 new text end

new text begin (2) a domestic abuse no contact order issued under section 629.75;
 new text end

new text begin (3) a restraining order issued in a marriage dissolution action; or
 new text end

new text begin (4) an order issued under the laws of another state, the United States, the District of
Columbia, tribal lands, or United States territories, that is similar to any of these orders.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
 new text end