HF 1226

1st Unofficial Engrossment - 88th Legislature (2013 - 2014)

Posted on 05/15/2014 03:34 p.m.

1.1A bill for an act 1.2relating to public safety; providing enhanced penalties for causing the death 1.3of a prosecuting attorney, judge, or commissioner of corrections or assaulting 1.4a prosecuting attorney or judge;amending Minnesota Statutes 2012, sections 1.5609.185; 609.221, subdivision 2; 609.2231, subdivision 3. 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7    Section 1. Minnesota Statutes 2012, section 609.185, is amended to read: 1.8609.185 MURDER IN THE FIRST DEGREE. 1.9(a) Whoever does any of the following is guilty of murder in the first degree and 1.10shall be sentenced to imprisonment for life: 1.11(1) causes the death of a human being with premeditation and with intent to effect 1.12the death of the person or of another; 1.13(2) causes the death of a human being while committing or attempting to commit 1.14criminal sexual conduct in the first or second degree with force or violence, either upon or 1.15affecting the person or another; 1.16(3) causes the death of a human being with intent to effect the death of the person 1.17or another, while committing or attempting to commit burglary, aggravated robbery, 1.18kidnapping, arson in the first or second degree, a drive-by shooting, tampering with a 1.19witness in the first degree, escape from custody, or any felony violation of chapter 152 1.20involving the unlawful sale of a controlled substance; 1.21(4) causes the death of a peace officer new text begin , prosecuting attorney, judge, new text end or a guard 1.22employed at a Minnesota state or local correctional facility, with intent to effect the 1.23death of that person or another, while the peace officer or guard new text begin person new text end is engaged in 1.24the performance of official duties; 2.1(5) causes the death of a minor while committing child abuse, when the perpetrator 2.2has engaged in a past pattern of child abuse upon a child and the death occurs under 2.3circumstances manifesting an extreme indifference to human life; 2.4(6) causes the death of a human being while committing domestic abuse, when 2.5the perpetrator has engaged in a past pattern of domestic abuse upon the victim or 2.6upon another family or household member and the death occurs under circumstances 2.7manifesting an extreme indifference to human life; or 2.8(7) causes the death of a human being while committing, conspiring to commit, or 2.9attempting to commit a felony crime to further terrorism and the death occurs under 2.10circumstances manifesting an extreme indifference to human life. 2.11 new text begin (b) For the purposes of paragraph (a), clause (4), "prosecuting attorney" has the new text end 2.12 new text begin meaning given in section 609.221, subdivision 2, paragraph (c), clause (4). new text end 2.13 new text begin (c) For the purposes of paragraph (a), clause (4), "judge" has the meaning given in new text end 2.14 new text begin section 609.221, subdivision 2, paragraph (c), clause (5). new text end 2.15(b) new text begin (d) new text end For purposes of paragraph (a), clause (5), "child abuse" means an act 2.16committed against a minor victim that constitutes a violation of the following laws of this 2.17state or any similar laws of the United States or any other state: section 609.221; 609.222; 2.18609.223 ; 609.224; 609.2242; 609.342; 609.343; 609.344; 609.345; 609.377; 609.378; or 2.19609.713 . 2.20(c) new text begin (e) new text end For purposes of paragraph (a), clause (6), "domestic abuse" means an act that: 2.21(1) constitutes a violation of section 609.221, 609.222, 609.223, 609.224, 609.2242, 2.22609.342 , 609.343, 609.344, 609.345, 609.713, or any similar laws of the United States or 2.23any other state; and 2.24(2) is committed against the victim who is a family or household member as defined 2.25in section 518B.01, subdivision 2, paragraph (b). 2.26(d) new text begin (f) new text end For purposes of paragraph (a), clause (7), "further terrorism" has the meaning 2.27given in section 609.714, subdivision 1. 2.28 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2014, and applies to crimes new text end 2.29 new text begin committed on or after that date. new text end 2.30    Sec. 2. Minnesota Statutes 2012, section 609.221, subdivision 2, is amended to read: 2.31    Subd. 2. Use of deadly force against peace officer new text begin , prosecuting attorney, judge, new text end 2.32 or correctional employee. (a) Whoever assaults a peace officer new text begin , prosecuting attorney, new text end 2.33 new text begin judge, new text end or correctional employee by using or attempting to use deadly force against the 2.34officer new text begin , attorney, judge, new text end or employee while the officer or employee new text begin person new text end is engaged in the 3.1performance of a duty imposed by law, policy, or rule may be sentenced to imprisonment 3.2for not more than 20 years or to payment of a fine of not more than $30,000, or both. 3.3(b) A person convicted of assaulting a peace officer new text begin , prosecuting attorney, judge, new text end 3.4 or correctional employee as described in paragraph (a) shall be committed to the 3.5commissioner of corrections for not less than ten years, nor more than 20 years. A 3.6defendant convicted and sentenced as required by this paragraph is not eligible for 3.7probation, parole, discharge, work release, or supervised release, until that person has 3.8served the full term of imprisonment as provided by law, notwithstanding the provisions 3.9of sections 241.26, 242.19, 243.05, 244.04, 609.12, and 609.135. Notwithstanding section 3.10609.135 , the court may not stay the imposition or execution of this sentence. 3.11(c) As used in this subdivision: 3.12(1) "correctional employee" means an employee of a public or private prison, jail, 3.13or workhouse; 3.14(2) "deadly force" has the meaning given in section 609.066, subdivision 1; and 3.15(3) "peace officer" has the meaning given in section 626.84, subdivision 1 new text begin ; new text end 3.16 new text begin (4) "prosecuting attorney" means an attorney, with criminal prosecution or civil new text end 3.17 new text begin responsibilities, who is the attorney general, a political subdivision's elected or appointed new text end 3.18 new text begin county or city attorney, or a deputy, assistant, or special assistant of any of these; and new text end 3.19 new text begin (5) "judge" means a judge or justice of any court of this state that is established new text end 3.20 new text begin by the Minnesota Constitution new text end . 3.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2014, and applies to crimes new text end 3.22 new text begin committed on or after that date. new text end 3.23    Sec. 3. Minnesota Statutes 2012, section 609.2231, subdivision 3, is amended to read: 3.24    Subd. 3. Correctional employees; new text begin prosecuting attorneys; judges; new text end probation 3.25officers. Whoever commits either of the following acts against an employee of a 3.26correctional facility as defined in section 241.021, subdivision 1, paragraph (f), new text begin against a new text end 3.27 new text begin prosecuting attorney as defined in section 609.221, subdivision 2, paragraph (c), clause new text end 3.28 new text begin (4), against a judge as defined in section 609.221, subdivision 2, paragraph (c), clause (5), new text end 3.29or against a probation officer or other qualified person employed in supervising offenders 3.30while the employee, officer, or person is engaged in the performance of a duty imposed by 3.31law, policy, or rule is guilty of a felony and may be sentenced to imprisonment for not 3.32more than two years or to payment of a fine of not more than $4,000, or both: 3.33(1) assaults the employee new text begin person new text end and inflicts demonstrable bodily harm; or 3.34(2) intentionally throws or otherwise transfers bodily fluids or feces at or onto the 3.35employee new text begin person new text end . 4.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2014, and applies to crimes new text end 4.2 new text begin committed on or after that date. new text end