1.1 	A bill for an act
1.2 	relating to public safety; expanding indeterminate sentencing for sex offenders 
1.3 	with prior convictions for certain predatory offenses;amending Minnesota 
1.4 	Statutes 2008, section 609.3455, subdivision 4.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2008, section 609.3455, subdivision 4, is amended to 
1.7 	read:
1.8 		Subd. 4.Mandatory life sentence; repeat offenders. (a) Notwithstanding the 
1.9 	statutory maximum penalty otherwise applicable to the offense, the court shall sentence a 
1.10 	person to imprisonment for life if the person is convicted of violating section 609.342, 
1.11 	609.343, 609.344, 609.345, or 609.3453 and:
1.12 	(1) the person has ~~two~~a prior or previous sex offense ~~convictions~~ conviction;
1.13 	(2) the person has a prior or previous ~~sex offense~~ conviction ~~and:~~ for a violation of 
1.14 	the following laws of this state or any similar laws of the United States or any other state: 
1.15 	sections 609.185 (first degree murder); 609.19 (second degree murder); 609.221 (first 
1.16 	degree assault); 609.222 (second degree assault); 609.245 (aggravated robbery); 609.25 
1.17 	(kidnapping); 609.582, subdivision 1 (first degree burglary); 617.246 (creation of child 
1.18 	pornography); or 617.247 (dissemination and possession of child pornography).
1.19 	~~(i) the fact finder determines that the present offense involved an aggravating factor~~ 
1.20 	~~that would provide grounds for an upward durational departure under the sentencing~~ 
1.21 	~~guidelines other than the aggravating factor applicable to repeat criminal sexual conduct~~ 
1.22 	~~convictions;~~
1.23 	~~(ii) the person received an upward durational departure from the sentencing~~ 
1.24 	~~guidelines for the previous sex offense conviction; or~~
2.1 	~~(iii) the person was sentenced under this section or Minnesota Statutes 2004, section~~ 
2.2 	~~609.108, for the previous sex offense conviction; or~~
2.3 	~~(3) the person has two prior sex offense convictions, and the fact finder determines~~ 
2.4 	~~that the prior convictions and present offense involved at least three separate victims, and:~~
2.5 	~~(i) the fact finder determines that the present offense involved an aggravating factor~~ 
2.6 	~~that would provide grounds for an upward durational departure under the sentencing~~ 
2.7 	~~guidelines other than the aggravating factor applicable to repeat criminal sexual conduct~~ 
2.8 	~~convictions;~~
2.9 	~~(ii) the person received an upward durational departure from the sentencing~~ 
2.10 	~~guidelines for one of the prior sex offense convictions; or~~
2.11 	~~(iii) the person was sentenced under this section or Minnesota Statutes 2004, section~~ 
2.12 	~~609.108, for one of the prior sex offense convictions.~~
2.13 	(b) Notwithstanding paragraph (a), a court may not sentence a person to 
2.14 	imprisonment for life for a violation of section 609.345, unless the ~~person's~~person:
2.15 	(1) has a previous or prior sex offense ~~convictions that are being used as the basis for~~ 
2.16 	~~the sentence are~~conviction for ~~violations~~a violation of section 609.342, 609.343, 609.344, 
2.17 	or 609.3453, or any similar statute of the United States, this state, or any other state; or
2.18 	(2) has a previous or prior conviction for a violation of an offense listed in paragraph 
2.19 	(a), clause (2).

2.20 	EFFECTIVE DATE. This section is effective August 1, 2010, and applies to 
2.21 	offenses committed on or after that date.