HF 784

Introduction - 79th Legislature (1995 - 1996)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act
  1.2             relating to crime; clarifying application of mandatory 
  1.3             minimum penalties for controlled substance offenses; 
  1.4             authorizing use of drivers' license photographs to 
  1.5             investigate or prosecute misdemeanor and gross 
  1.6             misdemeanor-level thefts; precluding the expungement 
  1.7             of criminal records in diversion cases; authorizing 
  1.8             sentencing courts to order the payment of restitution 
  1.9             to victim assistance programs; adding a fine provision 
  1.10            to the terroristic threats crime; amending Minnesota 
  1.11            Statutes 1994, sections 152.021, subdivision 3; 
  1.12            152.022, subdivision 3; 152.023, subdivision 3; 
  1.13            152.024, subdivision 3; 152.025, subdivision 3; 
  1.14            171.07, subdivision 1a; 299C.11; 609.10; 609.125; and 
  1.15            609.713, subdivisions 1 and 2. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  Minnesota Statutes 1994, section 152.021, 
  1.18  subdivision 3, is amended to read: 
  1.19     Subd. 3.  [PENALTY.] (a) A person convicted under 
  1.20  subdivision 1 or 2 may be sentenced to imprisonment for not more 
  1.21  than 30 years or to payment of a fine of not more than 
  1.22  $1,000,000, or both. 
  1.23     (b) If the conviction is a subsequent controlled substance 
  1.24  conviction, a person convicted under subdivision 1 or 2 shall be 
  1.25  committed to the commissioner of corrections for not less than 
  1.26  four years nor more than 40 years or and, in addition, may be 
  1.27  sentenced to payment of a fine of not more than $1,000,000, or 
  1.28  both. 
  1.29     (c) In a prosecution under subdivision 1 involving sales by 
  1.30  the same person in two or more counties within a 90-day period, 
  2.1   the person may be prosecuted for all of the sales in any county 
  2.2   in which one of the sales occurred. 
  2.3      Sec. 2.  Minnesota Statutes 1994, section 152.022, 
  2.4   subdivision 3, is amended to read: 
  2.5      Subd. 3.  [PENALTY.] (a) A person convicted under 
  2.6   subdivision 1 or 2 may be sentenced to imprisonment for not more 
  2.7   than 25 years or to payment of a fine of not more than $500,000, 
  2.8   or both. 
  2.9      (b) If the conviction is a subsequent controlled substance 
  2.10  conviction, a person convicted under subdivision 1 or 2 shall be 
  2.11  committed to the commissioner of corrections for not less than 
  2.12  three years nor more than 40 years or and, in addition, may be 
  2.13  sentenced to payment of a fine of not more than $500,000, or 
  2.14  both.  
  2.15     (c) In a prosecution under subdivision 1 involving sales by 
  2.16  the same person in two or more counties within a 90-day period, 
  2.17  the person may be prosecuted for all of the sales in any county 
  2.18  in which one of the sales occurred. 
  2.19     Sec. 3.  Minnesota Statutes 1994, section 152.023, 
  2.20  subdivision 3, is amended to read: 
  2.21     Subd. 3.  [PENALTY.] (a) A person convicted under 
  2.22  subdivision 1 or 2 may be sentenced to imprisonment for not more 
  2.23  than 20 years or to payment of a fine of not more than $250,000, 
  2.24  or both. 
  2.25     (b) If the conviction is a subsequent controlled substance 
  2.26  conviction, a person convicted under subdivision 1 or 2 shall be 
  2.27  committed to the commissioner of corrections for not less than 
  2.28  two years nor more than 30 years or and, in addition, may be 
  2.29  sentenced to payment of a fine of not more than $250,000, or 
  2.30  both. 
  2.31     Sec. 4.  Minnesota Statutes 1994, section 152.024, 
  2.32  subdivision 3, is amended to read: 
  2.33     Subd. 3.  [PENALTY.] (a) A person convicted under 
  2.34  subdivision 1 or 2 may be sentenced to imprisonment for not more 
  2.35  than 15 years or to payment of a fine of not more than $100,000, 
  2.36  or both. 
  3.1      (b) If the conviction is a subsequent controlled substance 
  3.2   conviction, a person convicted under subdivision 1 or 2 shall be 
  3.3   committed to the commissioner of corrections or to a local 
  3.4   correctional authority for not less than one year nor more than 
  3.5   30 years or and, in addition, may be sentenced to payment of a 
  3.6   fine of not more than $100,000, or both. 
  3.7      Sec. 5.  Minnesota Statutes 1994, section 152.025, 
  3.8   subdivision 3, is amended to read: 
  3.9      Subd. 3.  [PENALTY.] (a) A person convicted under 
  3.10  subdivision 1 or 2 may be sentenced to imprisonment for not more 
  3.11  than five years or to payment of a fine of not more than 
  3.12  $10,000, or both. 
  3.13     (b) If the conviction is a subsequent controlled substance 
  3.14  conviction, a person convicted under subdivision 1 or 2 shall be 
  3.15  committed to the commissioner of corrections or to a local 
  3.16  correctional authority for not less than six months nor more 
  3.17  than ten years or and, in addition, may be sentenced to payment 
  3.18  of a fine of not more than $20,000, or both. 
  3.19     Sec. 6.  Minnesota Statutes 1994, section 171.07, 
  3.20  subdivision 1a, is amended to read: 
  3.21     Subd. 1a.  [FILING PHOTOGRAPHS OR IMAGES; DATA 
  3.22  CLASSIFICATION.] The department shall file, or contract to file, 
  3.23  all photographs or electronically produced images obtained in 
  3.24  the process of issuing driver licenses or Minnesota 
  3.25  identification cards.  The photographs or electronically 
  3.26  produced images shall be private data pursuant to section 13.02, 
  3.27  subdivision 12.  Notwithstanding section 13.04, subdivision 3, 
  3.28  the department shall not be required to provide copies of 
  3.29  photographs or electronically produced images to data subjects.  
  3.30  The use of the files is restricted: 
  3.31     (1) to the issuance and control of driver licenses; 
  3.32     (2) for law enforcement purposes in the investigation and 
  3.33  prosecution of felonies; misdemeanor and gross misdemeanor 
  3.34  violations of section 609.52; and violations of section 169.09; 
  3.35  169.121; 169.123; 169.129; 171.22; 171.24; 171.30; 609.41; 
  3.36  609.487, subdivision 3; 609.631, subdivision 4, clause (3); 
  4.1   609.821, subdivision 3, clauses (1), item (iv), and (3); or 
  4.2   617.23; and 
  4.3      (3) for child support enforcement purposes under section 
  4.4   256.978. 
  4.5      Sec. 7.  Minnesota Statutes 1994, section 299C.11, is 
  4.6   amended to read: 
  4.7      299C.11 [IDENTIFICATION DATA FURNISHED TO BUREAU.] 
  4.8      The sheriff of each county and the chief of police of each 
  4.9   city of the first, second, and third classes shall furnish the 
  4.10  bureau, upon such form as the superintendent shall prescribe, 
  4.11  with such finger and thumb prints, photographs, distinctive 
  4.12  physical mark identification data, and other identification data 
  4.13  as may be requested or required by the superintendent of the 
  4.14  bureau, which may be taken under the provisions of section 
  4.15  299C.10, of persons who shall be convicted of a felony, gross 
  4.16  misdemeanor, or who shall be found to have been convicted of a 
  4.17  felony or gross misdemeanor, within ten years next preceding 
  4.18  their arrest.  Upon the determination of all pending criminal 
  4.19  actions or proceedings in favor of the arrested person, the 
  4.20  arrested person shall, upon demand, have all such finger and 
  4.21  thumb prints, photographs, distinctive physical mark 
  4.22  identification data, and other identification data, and all 
  4.23  copies and duplicates thereof, returned, provided it is not 
  4.24  established that the arrested person has been convicted of any 
  4.25  felony, either within or without the state, within the period of 
  4.26  ten years immediately preceding such determination.  
  4.27     For purposes of this section, "determination of all pending 
  4.28  criminal actions or proceedings in favor of the arrested person" 
  4.29  does not include: 
  4.30     (1) the sealing of a criminal record pursuant to section 
  4.31  152.18, subdivision 1, 242.31, or 609.168; or 
  4.32     (2) the arrested person's successful completion of a 
  4.33  diversion program. 
  4.34     Sec. 8.  Minnesota Statutes 1994, section 609.10, is 
  4.35  amended to read: 
  4.36     609.10 [SENTENCES AVAILABLE.] 
  5.1      Upon conviction of a felony and compliance with the other 
  5.2   provisions of this chapter the court, if it imposes sentence, 
  5.3   may sentence the defendant to the extent authorized by law as 
  5.4   follows: 
  5.5      (1) to life imprisonment; or 
  5.6      (2) to imprisonment for a fixed term of years set by the 
  5.7   court; or 
  5.8      (3) to both imprisonment for a fixed term of years and 
  5.9   payment of a fine; or 
  5.10     (4) to payment of a fine without imprisonment or to 
  5.11  imprisonment for a fixed term of years if the fine is not paid; 
  5.12  or 
  5.13     (5) to payment of court-ordered restitution in addition to 
  5.14  either imprisonment or payment of a fine, or both; or 
  5.15     (6) to payment of a local correctional fee as authorized 
  5.16  under section 609.102 in addition to any other sentence imposed 
  5.17  by the court. 
  5.18     As used in this section, "restitution" includes: 
  5.19     (i) payment of compensation to the victim of the 
  5.20  defendant's offense; and 
  5.21     (ii) if the victim is deceased or already has been fully 
  5.22  compensated, payment of money to a victim assistance program. 
  5.23     Sec. 9.  Minnesota Statutes 1994, section 609.125, is 
  5.24  amended to read: 
  5.25     609.125 [SENTENCE FOR MISDEMEANOR OR GROSS MISDEMEANOR.] 
  5.26     Upon conviction of a misdemeanor or gross misdemeanor the 
  5.27  court, if sentence is imposed, may, to the extent authorized by 
  5.28  law, sentence the defendant: 
  5.29     (1) to imprisonment for a definite term; or 
  5.30     (2) to payment of a fine, or to imprisonment for a 
  5.31  specified term if the fine is not paid; or 
  5.32     (3) to both imprisonment for a definite term and payment of 
  5.33  a fine; or 
  5.34     (4) to payment of court-ordered restitution in addition to 
  5.35  either imprisonment or payment of a fine, or both; or 
  5.36     (5) to payment of a local correctional fee as authorized 
  6.1   under section 609.102 in addition to any other sentence imposed 
  6.2   by the court. 
  6.3      As used in this section, "restitution" includes: 
  6.4      (i) payment of compensation to the victim of the 
  6.5   defendant's offense; and 
  6.6      (ii) if the victim is deceased or already has been fully 
  6.7   compensated, payment of money to a victim assistance program.  
  6.8      Sec. 10.  Minnesota Statutes 1994, section 609.713, 
  6.9   subdivision 1, is amended to read: 
  6.10     Subdivision 1.  Whoever threatens, directly or indirectly, 
  6.11  to commit any crime of violence with purpose to terrorize 
  6.12  another or to cause evacuation of a building, place of assembly, 
  6.13  vehicle or facility of public transportation or otherwise to 
  6.14  cause serious public inconvenience, or in a reckless disregard 
  6.15  of the risk of causing such terror or inconvenience may be 
  6.16  sentenced to imprisonment for not more than five years or to 
  6.17  payment of a fine of not more than $10,000, or both.  As used in 
  6.18  this subdivision, "crime of violence" has the meaning given 
  6.19  "violent crime" in section 609.152, subdivision 1, paragraph (d).
  6.20     Sec. 11.  Minnesota Statutes 1994, section 609.713, 
  6.21  subdivision 2, is amended to read: 
  6.22     Subd. 2.  Whoever communicates to another with purpose to 
  6.23  terrorize another or in reckless disregard of the risk of 
  6.24  causing such terror, that explosives or an explosive device or 
  6.25  any incendiary device is present at a named place or location, 
  6.26  whether or not the same is in fact present, may be sentenced to 
  6.27  imprisonment for not more than three years or to payment of a 
  6.28  fine of not more than $3,000, or both.  
  6.29     Sec. 12.  [EFFECTIVE DATE.] 
  6.30     Sections 1 to 5, 10, and 11 are effective August 1, 1995, 
  6.31  and apply to crimes committed on or after that date.