1.1                          A bill for an act
  1.2             relating to crime; increasing penalties for certain 
  1.3             drive-by shooting crimes; providing that a drive-by 
  1.4             shooting resulting in death is first degree murder; 
  1.5             increasing penalties and providing for mandatory 
  1.6             minimum sentences for drive-by shootings that result 
  1.7             in substantial or great bodily harm or that involve 
  1.8             occupied buildings or motor vehicles; amending 
  1.9             Minnesota Statutes 1996, sections 609.185; 609.19, 
  1.10            subdivision 1; and 609.66, subdivision 1e. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1996, section 609.185, is 
  1.13  amended to read: 
  1.14     609.185 [MURDER IN THE FIRST DEGREE.] 
  1.15     Whoever does any of the following is guilty of murder in 
  1.16  the first degree and shall be sentenced to imprisonment for life:
  1.17     (1) causes the death of a human being with premeditation 
  1.18  and with intent to effect the death of the person or of another; 
  1.19     (2) causes the death of a human being while committing or 
  1.20  attempting to commit criminal sexual conduct in the first or 
  1.21  second degree with force or violence, either upon or affecting 
  1.22  the person or another; 
  1.23     (3) causes the death of a human being with intent to effect 
  1.24  the death of the person or another, while committing or 
  1.25  attempting to commit burglary, aggravated robbery, kidnapping, 
  1.26  arson in the first or second degree, tampering with a witness in 
  1.27  the first degree, escape from custody, or any felony violation 
  1.28  of chapter 152 involving the unlawful sale of a controlled 
  2.1   substance; or causes the death of a human being while committing 
  2.2   or attempting to commit a drive-by shooting in violation of 
  2.3   section 609.66, subdivision 1e; 
  2.4      (4) causes the death of a peace officer or a guard employed 
  2.5   at a Minnesota state or local correctional facility, with intent 
  2.6   to effect the death of that person or another, while the peace 
  2.7   officer or guard is engaged in the performance of official 
  2.8   duties; 
  2.9      (5) causes the death of a minor while committing child 
  2.10  abuse, when the perpetrator has engaged in a past pattern of 
  2.11  child abuse upon the child and the death occurs under 
  2.12  circumstances manifesting an extreme indifference to human life; 
  2.13  or 
  2.14     (6) causes the death of a human being while committing 
  2.15  domestic abuse, when the perpetrator has engaged in a past 
  2.16  pattern of domestic abuse upon the victim and the death occurs 
  2.17  under circumstances manifesting an extreme indifference to human 
  2.18  life. 
  2.19     For purposes of clause (5), "child abuse" means an act 
  2.20  committed against a minor victim that constitutes a violation of 
  2.21  the following laws of this state or any similar laws of the 
  2.22  United States or any other state:  section 609.221; 609.222; 
  2.23  609.223; 609.224; 609.2242; 609.342; 609.343; 609.344; 609.345; 
  2.24  609.377; 609.378; or 609.713. 
  2.25     For purposes of clause (6), "domestic abuse" means an act 
  2.26  that: 
  2.27     (1) constitutes a violation of section 609.221, 609.222, 
  2.28  609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345, 
  2.29  609.713, or any similar laws of the United States or any other 
  2.30  state; and 
  2.31     (2) is committed against the victim who is a family or 
  2.32  household member as defined in section 518B.01, subdivision 2, 
  2.33  paragraph (b). 
  2.34     Sec. 2.  Minnesota Statutes 1996, section 609.19, 
  2.35  subdivision 1, is amended to read: 
  2.36     Subdivision 1.  [INTENTIONAL MURDER; DRIVE-BY SHOOTINGS.] 
  3.1   Whoever does either of the following is guilty of murder in the 
  3.2   second degree and may be sentenced to imprisonment for not more 
  3.3   than 40 years:  
  3.4      (1) causes the death of a human being with intent to effect 
  3.5   the death of that person or another, but without premeditation; 
  3.6   or 
  3.7      (2) causes the death of a human being while committing or 
  3.8   attempting to commit a drive-by shooting in violation of section 
  3.9   609.66, subdivision 1e, is guilty of murder in the second degree 
  3.10  and may be sentenced to imprisonment for not more than 40 years. 
  3.11     Sec. 3.  Minnesota Statutes 1996, section 609.66, 
  3.12  subdivision 1e, is amended to read: 
  3.13     Subd. 1e.  [FELONY; DRIVE-BY SHOOTING.] (a) Whoever, while 
  3.14  in or having just exited from a motor vehicle, recklessly 
  3.15  discharges a firearm at or toward a person, another motor 
  3.16  vehicle, or a building is guilty of a felony and may be 
  3.17  sentenced as follows: 
  3.18     (1) if the violation results in substantial or great bodily 
  3.19  harm to another, to imprisonment for not less than 15 years, nor 
  3.20  more than 20 years or to payment of a fine of not more than 
  3.21  $35,000, or both; 
  3.22     (2) if the vehicle or building is occupied at the time of 
  3.23  the violation, to imprisonment for not less than seven years, 
  3.24  nor more than ten years or to payment of a fine of not more than 
  3.25  $20,000, or both; 
  3.26     (3) otherwise, to imprisonment for not more than three 
  3.27  years or to payment of a fine of not more than $6,000, or both.  
  3.28  If the vehicle or building is occupied, the person may be 
  3.29  sentenced to imprisonment for not more than five years or to 
  3.30  payment of a fine of not more than $10,000, or both. 
  3.31     (b) For purposes of this subdivision, "motor vehicle" has 
  3.32  the meaning given in section 609.52, subdivision 1, and 
  3.33  "building" has the meaning given in section 609.581, subdivision 
  3.34  2. 
  3.35     (c) Any defendant convicted and sentenced as required by 
  3.36  this subdivision is not eligible for probation, parole, 
  4.1   discharge, or supervised release until that person has served 
  4.2   the full term of imprisonment as provided by law, 
  4.3   notwithstanding the provisions of sections 242.19, 243.05, 
  4.4   244.04, 609.12, and 609.135.  The court may not, on its own 
  4.5   motion or the prosecutor's motion, sentence a defendant without 
  4.6   regard to the mandatory minimum sentences established by this 
  4.7   subdivision. 
  4.8      Sec. 4.  [EFFECTIVE DATE.] 
  4.9      Sections 1 to 3 are effective August 1, 1998, and apply to 
  4.10  crimes committed on or after that date.