SF 2087

1st Engrossment - 80th Legislature (1997 - 1998)

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

  1.1                          A bill for an act
  1.2             relating to crime; authorizing a county attorney to 
  1.3             file a juvenile petition, alleging a child to be both 
  1.4             delinquent and in need of protection or services in 
  1.5             cases where a child is involved in prostitution; 
  1.6             increasing criminal penalties for certain prostitution 
  1.7             offenses; requiring the collection of information on 
  1.8             the investigation and prosecution of certain 
  1.9             prostitution crimes and the use of penalty assessments 
  1.10            imposed on prostitution offenders; requiring reports 
  1.11            to the legislature; amending Minnesota Statutes 1996, 
  1.12            sections 260.131, by adding a subdivision; and 
  1.13            609.322, subdivisions 1, 1a, 2, and by adding a 
  1.14            subdivision; proposing coding for new law in Minnesota 
  1.15            Statutes, chapter 609; repealing Minnesota Statutes 
  1.16            1996, sections 609.322, subdivision 3; and 609.323. 
  1.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.18     Section 1.  Minnesota Statutes 1996, section 260.131, is 
  1.19  amended by adding a subdivision to read: 
  1.20     Subd. 5.  [CONCURRENT JURISDICTION.] When a petition is 
  1.21  filed alleging that a child has engaged in prostitution as 
  1.22  defined in section 609.321, subdivision 9, the county attorney 
  1.23  shall determine whether concurrent jurisdiction is necessary to 
  1.24  provide appropriate intervention and, if so, proceed to file a 
  1.25  petition alleging the child to be both delinquent and in need of 
  1.26  protection or services. 
  1.27     Sec. 2.  Minnesota Statutes 1996, section 609.322, 
  1.28  subdivision 1, is amended to read: 
  1.29     Subdivision 1.  Whoever, while acting other than as a 
  1.30  prostitute or patron, intentionally does either any of the 
  1.31  following may be sentenced to imprisonment for not more than 20 
  2.1   years or to payment of a fine of not more than $40,000, or both: 
  2.2      (1) solicits or induces an individual under the age of 16 
  2.3   years to practice prostitution; or 
  2.4      (2) promotes the prostitution of an individual under the 
  2.5   age of 16 years; or 
  2.6      (3) intentionally receives profit, knowing or having reason 
  2.7   to know that it is derived from the prostitution, or the 
  2.8   promotion of the prostitution, of an individual under the age of 
  2.9   16 years. 
  2.10     Sec. 3.  Minnesota Statutes 1996, section 609.322, 
  2.11  subdivision 1a, is amended to read: 
  2.12     Subd. 1a.  Whoever, while acting other than as a prostitute 
  2.13  or patron, intentionally does any of the following may be 
  2.14  sentenced to imprisonment for not more than ten 15 years or to 
  2.15  payment of a fine of not more than $20,000 $30,000, or both:  
  2.16     (1) Solicits or induces an individual at least 16 but less 
  2.17  than 18 years of age to practice prostitution; or 
  2.18     (2) Solicits or induces an individual to practice 
  2.19  prostitution by means of force; or 
  2.20     (3) Uses a position of authority to solicit or induce an 
  2.21  individual to practice prostitution; or 
  2.22     (4) Promotes the prostitution of an individual in the 
  2.23  following circumstances:  
  2.24     (a) The individual is at least 16 but less than 18 years of 
  2.25  age; or 
  2.26     (b) The actor knows that the individual has been induced or 
  2.27  solicited to practice prostitution by means of force; or 
  2.28     (c) The actor knows that a position of authority has been 
  2.29  used to induce or solicit the individual to practice 
  2.30  prostitution; or 
  2.31     (3) Intentionally receives profit, knowing or having reason 
  2.32  to know that it is derived from the prostitution, or the 
  2.33  promotion of the prostitution, of an individual. 
  2.34     Sec. 4.  Minnesota Statutes 1996, section 609.322, is 
  2.35  amended by adding a subdivision to read: 
  2.36     Subd. 1b.  [EXCEPTIONS.] Subdivisions 1, clause (3), and 
  3.1   1a, clause (3), do not apply to:  (1) a minor who is dependent 
  3.2   on an individual acting as a prostitute and who may have 
  3.3   benefited from or been supported by the individual's earnings 
  3.4   derived from prostitution; or (2) the sale of goods or services 
  3.5   to a prostitute in the ordinary course of a lawful business. 
  3.6      Sec. 5.  Minnesota Statutes 1996, section 609.322, 
  3.7   subdivision 2, is amended to read: 
  3.8      Subd. 2.  Whoever, while acting other than as a prostitute 
  3.9   or patron, intentionally does any of the following Any person in 
  3.10  a position of authority who consents to an individual being 
  3.11  taken or detained for the purposes of prostitution may be 
  3.12  sentenced to imprisonment for not more than five years or to 
  3.13  payment of a fine of not more than $10,000, or both:  
  3.14     (1) Solicits or induces an individual to practice 
  3.15  prostitution by means of trick, fraud, or deceit; or 
  3.16     (2) Being in a position of authority, consents to an 
  3.17  individual being taken or detained for the purposes of 
  3.18  prostitution; or 
  3.19     (3) Promotes the prostitution of an individual in the 
  3.20  following circumstances:  
  3.21     (a) The actor knows that the individual has been induced or 
  3.22  solicited to practice prostitution by means of trick, fraud or 
  3.23  deceit; or 
  3.24     (b) The actor knows that an individual in a position of 
  3.25  authority has consented to the individual being taken or 
  3.26  detained for the purpose of prostitution.  
  3.27     Sec. 6.  [609.3242] [PROSTITUTION CRIMES COMMITTED IN 
  3.28  SCHOOL OR PARK ZONES; INCREASED PENALTIES.] 
  3.29     Subdivision 1.  [DEFINITIONS.] As used in this section: 
  3.30     (1) "park zone" has the meaning given in section 152.01, 
  3.31  subdivision 12a; and 
  3.32     (2) "school zone" has the meaning given in section 152.01, 
  3.33  subdivision 14a, and also includes school bus stops established 
  3.34  by a school board under section 123.39, while school children 
  3.35  are waiting for the bus. 
  3.36     Subd. 2.  [INCREASED PENALTIES.] Any person who commits a 
  4.1   violation of section 609.324 while acting other than as a 
  4.2   prostitute while in a school or park zone may be sentenced as 
  4.3   follows: 
  4.4      (1) if the crime committed is a felony, the statutory 
  4.5   maximum for the crime is three years longer than the statutory 
  4.6   maximum for the underlying crime; 
  4.7      (2) if the crime committed is a gross misdemeanor, the 
  4.8   person is guilty of a felony and may be sentenced to 
  4.9   imprisonment for not more than two years or to payment of a fine 
  4.10  of not more than $4,000, or both; and 
  4.11     (3) if the crime committed is a misdemeanor, the person is 
  4.12  guilty of a gross misdemeanor. 
  4.13     Sec. 7.  [STUDY OF CERTAIN PROSTITUTION CASES.] 
  4.14     Subdivision 1.  [DEFINITION.] As used in this section, 
  4.15  "prostitution crime" means a violation of Minnesota Statutes, 
  4.16  section 609.324. 
  4.17     Subd. 2.  [COLLECTION OF INFORMATION.] The offices of the 
  4.18  Hennepin and Ramsey county attorneys and sheriffs and the 
  4.19  offices of the Minneapolis and St. Paul city attorneys and 
  4.20  police departments shall collect information on the 
  4.21  investigation and prosecution of prostitution crimes committed 
  4.22  within their respective jurisdictions during calendar year 
  4.23  1997.  The information collected shall include data on the 
  4.24  neighborhood where the offense allegedly was committed; the 
  4.25  number of police calls or complaints concerning prostitution 
  4.26  crimes; the number of arrests made or citations issued for 
  4.27  prostitution crimes; the age, race, and gender of the 
  4.28  individuals arrested; the types of charges filed in these cases, 
  4.29  if any; and the disposition of the cases in which prosecutions 
  4.30  were initiated, including the amount of any fine or penalty 
  4.31  assessment imposed and whether the offender participated in any 
  4.32  restorative justice measure. 
  4.33     Subd. 3.  [LEGISLATIVE REPORT.] The prosecuting authorities 
  4.34  specified in subdivision 2 shall cooperate in compiling a report 
  4.35  containing the information required to be collected under 
  4.36  subdivision 2 and shall submit the report by December 15, 1998, 
  5.1   to the chairs of the senate crime prevention committee and the 
  5.2   house judiciary committee. 
  5.3      Sec. 8.  [PENALTY ASSESSMENTS FOR PROSTITUTION CRIMES; 
  5.4   REPORT.] 
  5.5      (a) On or before December 15, 1998, the commissioner of 
  5.6   corrections shall submit a report to the chairs of the senate 
  5.7   crime prevention committee and the house judiciary committee 
  5.8   concerning the use of money appropriated to the commissioner 
  5.9   from the penalty assessment authorized by Minnesota Statutes, 
  5.10  section 609.3241.  The report shall provide information on the 
  5.11  amount of money appropriated to the commissioner from this 
  5.12  source since fiscal year 1995, and the ways in which the money 
  5.13  has been used to assist individuals who have stopped or wished 
  5.14  to stop engaging in prostitution. 
  5.15     (b) On or before December 15, 1998, the supreme court is 
  5.16  requested to report to the chairs of the senate crime prevention 
  5.17  committee and the house judiciary committee concerning the use 
  5.18  of money collected since fiscal year 1995 from penalty 
  5.19  assessments under Minnesota Statutes, section 609.3241, and used 
  5.20  for the purposes described in Minnesota Statutes, section 
  5.21  626.558, subdivision 2. 
  5.22     Sec. 9.  [REPEALER.] 
  5.23     Minnesota Statutes 1996, sections 609.322, subdivision 3; 
  5.24  and 609.323, are repealed. 
  5.25     Sec. 10.  [EFFECTIVE DATE.] 
  5.26     Sections 1 to 6 and 9 are effective August 1, 1998, and 
  5.27  apply to crimes or acts committed on or after that date. 
  5.28  Sections 7 and 8 are effective the day following final enactment.