1.1 	A bill for an act
1.2 	relating to crime; creating enhanced penalties for the crime of domestic assault 
1.3 	committed in the presence of a child; amending Minnesota Statutes 2004, section 
1.4 	609.2242, subdivisions 2, 4.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2004, section 609.2242, subdivision 2, is amended to 
1.7 	read:
1.8 		Subd. 2.Gross misdemeanor. (a) Whoever violates subdivision 1 during the 
1.9 	time period between a previous qualified domestic violence-related offense conviction 
1.10 	or adjudication of delinquency against a family or household member as defined in 
1.11 	section  518B.01, subdivision 2, and the end of the five years following discharge from 
1.12 	sentence or disposition for that offense is guilty of a gross misdemeanor and may be 
1.13 	sentenced to imprisonment for not more than one year or to payment of a fine of not 
1.14 	more than $3,000, or both. 
1.15 	(b) Whoever violates subdivision 1 while in the physical presence of a minor child 
1.16 	or having knowledge that a minor child is in a location where the child may see or hear 
1.17 	the violation is guilty of a gross misdemeanor and may be sentenced to imprisonment for 
1.18 	not more than one year or to payment of a fine of not more than $3,000, or both. As used 
1.19 	in this paragraph, "minor child" includes the person or victim's child, stepchild, or other 
1.20 	minor residing within the household of the person or victim. 

1.21 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
1.22 	committed on or after that date. 

1.23 	Sec. 2. Minnesota Statutes 2004, section 609.2242, subdivision 4, is amended to read:
2.1 		Subd. 4.Felony. (a) Whoever violates the provisions of this section or section  
2.2 	609.224, subdivision 1, against the same victim during the time period between the first 
2.3 	of any combination of two or more previous qualified domestic violence-related offense 
2.4 	convictions or adjudications of delinquency and the end of the five years following 
2.5 	discharge from sentence or disposition for that offense is guilty of a felony and may be 
2.6 	sentenced to imprisonment for not more than five years or payment of a fine of not more 
2.7 	than $10,000, or both. 
2.8 	(b) A person convicted of a second or subsequent violation of subdivision 2, 
2.9 	paragraph (b), is guilty of a felony and may be sentenced to imprisonment for not more 
2.10 	than five years or payment of a fine of not more than $10,000, or both.

2.11 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
2.12 	committed on or after that date.