1.1                          A bill for an act
  1.2             relating to crime; clarifying liability for the crime 
  1.3             of burglary; amending Minnesota Statutes 1996, section 
  1.4             609.582. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1996, section 609.582, is 
  1.7   amended to read: 
  1.8      609.582 [BURGLARY.] 
  1.9      Subdivision 1.  [BURGLARY IN THE FIRST DEGREE.] Whoever 
  1.10  enters a building without consent and with intent to commit a 
  1.11  crime, or enters a building without consent and commits a crime 
  1.12  while in the building, either directly or as an accomplice, 
  1.13  commits burglary in the first degree and may be sentenced to 
  1.14  imprisonment for not more than 20 years or to payment of a fine 
  1.15  of not more than $35,000, or both, if:  
  1.16     (a) the building is a dwelling and another person, not an 
  1.17  accomplice, is present in it when the burglar enters or at any 
  1.18  time while the burglar is in the building; 
  1.19     (b) the burglar possesses, when entering or at any time 
  1.20  while in the building, any of the following:  a dangerous 
  1.21  weapon, any article used or fashioned in a manner to lead the 
  1.22  victim to reasonably believe it to be a dangerous weapon, or an 
  1.23  explosive; or 
  1.24     (c) the burglar assaults a person within the building or on 
  1.25  the building's appurtenant property.  
  2.1      Subd. 1a.  [MANDATORY MINIMUM SENTENCE FOR BURGLARY OF 
  2.2   OCCUPIED DWELLING.] A person convicted of committing burglary of 
  2.3   an occupied dwelling, as defined in subdivision 1, clause (a), 
  2.4   must be committed to the commissioner of corrections or county 
  2.5   workhouse for not less than six months. 
  2.6      Subd. 2.  [BURGLARY IN THE SECOND DEGREE.] Whoever enters a 
  2.7   building without consent and with intent to commit a crime, or 
  2.8   enters a building without consent and commits a crime while in 
  2.9   the building, either directly or as an accomplice, commits 
  2.10  burglary in the second degree and may be sentenced to 
  2.11  imprisonment for not more than ten years or to payment of a fine 
  2.12  of not more than $20,000, or both, if:  
  2.13     (a) the building is a dwelling; 
  2.14     (b) the portion of the building entered contains a banking 
  2.15  business or other business of receiving securities or other 
  2.16  valuable papers for deposit or safekeeping and the entry is with 
  2.17  force or threat of force; 
  2.18     (c) the portion of the building entered contains a pharmacy 
  2.19  or other lawful business or practice in which controlled 
  2.20  substances are routinely held or stored, and the entry is 
  2.21  forcible; or 
  2.22     (d) when entering or while in the building, the burglar 
  2.23  possesses a tool to gain access to money or property.  
  2.24     Subd. 3.  [BURGLARY IN THE THIRD DEGREE.] Whoever enters a 
  2.25  building without consent and with intent to steal or commit any 
  2.26  felony or gross misdemeanor while in the building, or enters a 
  2.27  building without consent and steals or commits a felony or gross 
  2.28  misdemeanor while in the building, either directly or as an 
  2.29  accomplice, commits burglary in the third degree and may be 
  2.30  sentenced to imprisonment for not more than five years or to 
  2.31  payment of a fine of not more than $10,000, or both. 
  2.32     Subd. 4.  [BURGLARY IN THE FOURTH DEGREE.] Whoever enters a 
  2.33  building without consent and with intent to commit a misdemeanor 
  2.34  other than to steal, or enters a building without consent and 
  2.35  commits a misdemeanor other than to steal while in the building, 
  2.36  either directly or as an accomplice, commits burglary in the 
  3.1   fourth degree and may be sentenced to imprisonment for not more 
  3.2   than one year or to payment of a fine of not more than $3,000, 
  3.3   or both. 
  3.4      Sec. 2.  [EFFECTIVE DATE.] 
  3.5      Section 1 is effective August 1, 1998, and applies to 
  3.6   crimes committed on or after that date.