HF 1851
CCR--HF1851 - 88th Legislature (2013 - 2014)
Posted on 05/09/2014 11:17 a.m.
KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers
1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 1851
1.2A bill for an act
1.3relating to public safety; enhancing penalties for certain repeat criminal sexual
1.4conduct offenders;amending Minnesota Statutes 2012, sections 243.167,
1.5subdivision 1; 609.135, subdivision 2; 609.3451, subdivision 3.
1.6May 8, 2014
1.7The Honorable Paul Thissen
1.8Speaker of the House of Representatives
1.9The Honorable Sandra L. Pappas
1.10President of the Senate
1.11We, the undersigned conferees for H. F. No. 1851 report that we have agreed upon
1.12the items in dispute and recommend as follows:
1.13That the Senate recede from its amendments and that H. F. No. 1851 be further
1.14amended as follows:
1.15Delete everything after the enacting clause and insert:
1.16 "Section 1. Minnesota Statutes 2012, section 609.135, subdivision 2, is amended to read:
1.17 Subd. 2. Stay of sentence maximum periods. (a) If the conviction is for a felony
1.18other than section
609.21, subdivision 1a, paragraph (b) or (c), the stay shall be for not
1.19more than four years or the maximum period for which the sentence of imprisonment
1.20might have been imposed, whichever is longer.
1.21(b) If the conviction is for a gross misdemeanor violation of section
169A.20 ornew text begin ,new text end
1.22
609.21, subdivision 1a, paragraph (d), new text begin or 609.3451, new text end or for a felony described in section
1.23609.21, subdivision 1a
, paragraph (b) or (c), the stay shall be for not more than six years.
1.24The court shall provide for unsupervised probation for the last year of the stay unless the
1.25court finds that the defendant needs supervised probation for all or part of the last year.
1.26(c) If the conviction is for a gross misdemeanor not specified in paragraph (b), the
1.27stay shall be for not more than two years.
1.28(d) If the conviction is for any misdemeanor under section
169A.20;
609.746,
1.29subdivision 1
;
609.79; or
617.23; or for a misdemeanor under section
609.2242 or
2.1609.224, subdivision 1
, in which the victim of the crime was a family or household
2.2member as defined in section
518B.01, the stay shall be for not more than two years. The
2.3court shall provide for unsupervised probation for the second year of the stay unless the
2.4court finds that the defendant needs supervised probation for all or part of the second year.
2.5(e) If the conviction is for a misdemeanor not specified in paragraph (d), the stay
2.6shall be for not more than one year.
2.7(f) The defendant shall be discharged six months after the term of the stay expires,
2.8unless the stay has been revoked or extended under paragraph (g), or the defendant has
2.9already been discharged.
2.10(g) Notwithstanding the maximum periods specified for stays of sentences under
2.11paragraphs (a) to (f), a court may extend a defendant's term of probation for up to one year
2.12if it finds, at a hearing conducted under subdivision 1a, that:
2.13(1) the defendant has not paid court-ordered restitution in accordance with the
2.14payment schedule or structure; and
2.15(2) the defendant is likely to not pay the restitution the defendant owes before the
2.16term of probation expires.
2.17This one-year extension of probation for failure to pay restitution may be extended by
2.18the court for up to one additional year if the court finds, at another hearing conducted
2.19under subdivision 1a, that the defendant still has not paid the court-ordered restitution
2.20that the defendant owes.
2.21Nothing in this subdivision limits the court's ability to refer the case to collections
2.22under section
609.104.
2.23(h) Notwithstanding the maximum periods specified for stays of sentences under
2.24paragraphs (a) to (f), a court may extend a defendant's term of probation for up to three
2.25years if it finds, at a hearing conducted under subdivision 1c, that:
2.26(1) the defendant has failed to complete court-ordered treatment successfully; and
2.27(2) the defendant is likely not to complete court-ordered treatment before the term of
2.28probation expires.
2.29new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2014, and applies to crimes new text end
2.30new text begin committed on or after that date.new text end
2.31 Sec. 2. Minnesota Statutes 2012, section 609.3451, is amended to read:
2.32609.3451 CRIMINAL SEXUAL CONDUCT IN THE FIFTH DEGREE.
2.33 Subdivision 1. Crime defined. A person is guilty of criminal sexual conduct
2.34in the fifth degree:
3.1(1) if the person engages in nonconsensual sexual contact; or
3.2(2) the person engages in masturbation or lewd exhibition of the genitals in the
3.3presence of a minor under the age of 16, knowing or having reason to know the minor
3.4is present.
3.5For purposes of this section, "sexual contact" has the meaning given in section
3.6609.341, subdivision 11
, paragraph (a), clauses (i) and (iv), but does not include the
3.7intentional touching of the clothing covering the immediate area of the buttocks. Sexual
3.8contact also includes the intentional removal or attempted removal of clothing covering
3.9the complainant's intimate parts or undergarments, and the nonconsensual touching by the
3.10complainant of the actor's intimate parts, effected by the actor, if the action is performed
3.11with sexual or aggressive intent.
3.12 Subd. 2. Penaltynew text begin Gross misdemeanornew text end . A person convicted under subdivision 1
3.13may be sentenced to imprisonment for not more than one year or to a payment of a fine of
3.14not more than $3,000, or both.
3.15 Subd. 3. Felony. new text begin (a) new text end A person is guilty of a felony and may be sentenced to
3.16imprisonment for not more than fivenew text begin sevennew text end years or to payment of a fine of not more than
3.17$10,000new text begin $14,000new text end , or both, if the person violates subdivision 1, clause (2), after having been
3.18previously convicted of or adjudicated delinquent for new text begin this section within seven years of:new text end
3.19new text begin (1) a previous conviction for new text end violating subdivision 1, clause (2);new text begin , a crime described in new text end
3.20new text begin paragraph (b), or a statute from another state in conformity with any of these offenses; ornew text end
3.21new text begin (2) the first of two or more previous convictions for violating subdivision 1, clause new text end
3.22new text begin (1), or a statute from another state in conformity with this offense.new text end
3.23new text begin (b) A previous conviction for violating new text end sectionnew text begin 609.342, 609.343, 609.344, new text end
3.24new text begin 609.345, 609.3453,new text end
617.23, subdivision 2, clause (1); or a statute from another state in
3.25conformity with subdivision 1, clause (2), or section
617.23, subdivision 2, clause (1)new text begin (2), new text end
3.26new text begin or subdivision 3, or 617.247 may be used to enhance a criminal penalty as provided in new text end
3.27new text begin paragraph (a)new text end .
3.28new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2014, and applies to crimes new text end
3.29new text begin committed on or after that date.new text end "
3.30Delete the title and insert:
3.31"A bill for an act
3.32relating to public safety; enhancing penalties for certain repeat criminal sexual
3.33conduct offenders;amending Minnesota Statutes 2012, sections 609.135,
3.34subdivision 2; 609.3451."
4.1
We request the adoption of this report and repassage of the bill.
4.2
House Conferees:
4.3
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4.4
Andrea Kieffer
Michael Paymar
4.5
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4.6
Paul Rosenthal
4.7
Senate Conferees:
4.8
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4.9
Matt Schmit
Susan Kent
4.10
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4.11
Karin Housley