HF 1851
1st Unofficial Engrossment - 88th Legislature (2013 - 2014)
Posted on 05/01/2014 03:47 p.m.
KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers
1.1A bill for an act
1.2relating to public safety; enhancing penalties for certain repeat criminal sexual
1.3conduct offenders;amending Minnesota Statutes 2012, sections 609.135,
1.4subdivision 2; 609.3451; 609.713.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 609.135, subdivision 2, is amended to read:
1.7 Subd. 2. Stay of sentence maximum periods. (a) If the conviction is for a felony
1.8other than section
609.21, subdivision 1a, paragraph (b) or (c), the stay shall be for not
1.9more than four years or the maximum period for which the sentence of imprisonment
1.10might have been imposed, whichever is longer.
1.11(b) If the conviction is for a gross misdemeanor violation of section
169A.20 ornew text begin ,new text end
1.12
609.21, subdivision 1a, paragraph (d), new text begin or 609.3451, new text end or for a felony described in section
1.13609.21, subdivision 1a
, paragraph (b) or (c), the stay shall be for not more than six years.
1.14The court shall provide for unsupervised probation for the last year of the stay unless the
1.15court finds that the defendant needs supervised probation for all or part of the last year.
1.16(c) If the conviction is for a gross misdemeanor not specified in paragraph (b), the
1.17stay shall be for not more than two years.
1.18(d) If the conviction is for any misdemeanor under section
169A.20;
609.746,
1.19subdivision 1
;
609.79; or
617.23; or for a misdemeanor under section
609.2242 or
1.20609.224, subdivision 1
, in which the victim of the crime was a family or household
1.21member as defined in section
518B.01, the stay shall be for not more than two years. The
1.22court shall provide for unsupervised probation for the second year of the stay unless the
1.23court finds that the defendant needs supervised probation for all or part of the second year.
2.1(e) If the conviction is for a misdemeanor not specified in paragraph (d), the stay
2.2shall be for not more than one year.
2.3(f) The defendant shall be discharged six months after the term of the stay expires,
2.4unless the stay has been revoked or extended under paragraph (g), or the defendant has
2.5already been discharged.
2.6(g) Notwithstanding the maximum periods specified for stays of sentences under
2.7paragraphs (a) to (f), a court may extend a defendant's term of probation for up to one year
2.8if it finds, at a hearing conducted under subdivision 1a, that:
2.9(1) the defendant has not paid court-ordered restitution in accordance with the
2.10payment schedule or structure; and
2.11(2) the defendant is likely to not pay the restitution the defendant owes before the
2.12term of probation expires.
2.13This one-year extension of probation for failure to pay restitution may be extended by
2.14the court for up to one additional year if the court finds, at another hearing conducted
2.15under subdivision 1a, that the defendant still has not paid the court-ordered restitution
2.16that the defendant owes.
2.17Nothing in this subdivision limits the court's ability to refer the case to collections
2.18under section
609.104.
2.19(h) Notwithstanding the maximum periods specified for stays of sentences under
2.20paragraphs (a) to (f), a court may extend a defendant's term of probation for up to three
2.21years if it finds, at a hearing conducted under subdivision 1c, that:
2.22(1) the defendant has failed to complete court-ordered treatment successfully; and
2.23(2) the defendant is likely not to complete court-ordered treatment before the term of
2.24probation expires.
2.25new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2014, and applies to crimes new text end
2.26new text begin committed on or after that date.new text end
2.27 Sec. 2. Minnesota Statutes 2012, section 609.3451, is amended to read:
2.28609.3451 CRIMINAL SEXUAL CONDUCT IN THE FIFTH DEGREE.
2.29 Subdivision 1. Crime defined. A person is guilty of criminal sexual conduct
2.30in the fifth degree:
2.31(1) if the person engages in nonconsensual sexual contact; or
2.32(2) the person engages in masturbation or lewd exhibition of the genitals in the
2.33presence of a minor under the age of 16, knowing or having reason to know the minor
2.34is present.
3.1For purposes of this section, "sexual contact" has the meaning given in section
3.2609.341, subdivision 11
, paragraph (a), clauses (i) and (iv), but does not include the
3.3intentional touching of the clothing covering the immediate area of the buttocks. Sexual
3.4contact also includes the intentional removal or attempted removal of clothing covering
3.5the complainant's intimate parts or undergarments, and the nonconsensual touching by the
3.6complainant of the actor's intimate parts, effected by the actor, if the action is performed
3.7with sexual or aggressive intent.
3.8 Subd. 2. Penaltynew text begin Gross misdemeanornew text end . A person convicted under subdivision 1
3.9may be sentenced to imprisonment for not more than one year or to a payment of a fine of
3.10not more than $3,000, or both.
3.11 Subd. 3. Felony. A person is guilty of a felony and may be sentenced to
3.12imprisonment for not more than five years or to payment of a fine of not more than $10,000,
3.13or both, if the person violates subdivision 1, clause (2), new text begin this section within five yearsnew text end after
3.14having been previously convicted of or adjudicated delinquent for violating subdivision 1,
3.15clause (2); sectionnew text begin 609.342, 609.343, 609.344, 609.345, 609.3453,new text end
617.23, subdivision 2,
3.16clause (1); new text begin subdivision 3, or 617.247; new text end or a statute from another state in conformity with
3.17subdivision 1, clause (2), or section
617.23, subdivision 2, clause (1)new text begin these sectionsnew text end .
3.18new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2014, and applies to crimes new text end
3.19new text begin committed on or after that date.new text end
3.20 Sec. 3. Minnesota Statutes 2012, section 609.713, is amended to read:
3.21609.713 TERRORISTIC new text begin VIOLENT new text end THREATS.
3.22 Subdivision 1. Threaten violence; intent to terrorizenew text begin cause extreme fearnew text end .
3.23Whoever threatens, directly or indirectly, to commit any crime of violence with purpose
3.24to terrorizenew text begin cause extreme fear innew text end another or to cause evacuation of a building, place of
3.25assembly, vehicle or facility of public transportation or otherwise to cause serious public
3.26inconvenience, or in a reckless disregard of the risk of causing such terrornew text begin extreme fearnew text end
3.27 or inconvenience may be sentenced to imprisonment for not more than five years or to
3.28payment of a fine of not more than $10,000, or both. As used in this subdivision, "crime
3.29of violence" has the meaning given "violent crime" in section
609.1095, subdivision 1,
3.30paragraph (d).
3.31 Subd. 2. Communicates to terrorizenew text begin cause extreme fearnew text end . Whoever communicates
3.32to another with purpose to terrorizenew text begin cause extreme fear innew text end another or in reckless disregard
3.33of the risk of causing such terrornew text begin extreme fearnew text end , that explosives or an explosive device or
3.34any incendiary device is present at a named place or location, whether or not the same
4.1is in fact present, may be sentenced to imprisonment for not more than three years or to
4.2payment of a fine of not more than $3,000, or both.
4.3 Subd. 3. Display replica of firearm. (a) Whoever displays, exhibits, brandishes,
4.4or otherwise employs a replica firearm or a BB gun in a threatening manner, may be
4.5sentenced to imprisonment for not more than one year and one day or to payment of a fine
4.6of not more than $3,000, or both, if, in doing so, the person either:
4.7(1) causes or attempts to cause terrornew text begin extreme fearnew text end in another person; or
4.8(2) acts in reckless disregard of the risk of causing terrornew text begin extreme fearnew text end in another
4.9person.
4.10(b) For purposes of this subdivision:
4.11(1) "BB gun" means a device that fires or ejects a shot measuring .18 of an inch
4.12or less in diameter; and
4.13(2) "replica firearm" means a device or object that is not defined as a dangerous
4.14weapon, and that is a facsimile or toy version of, and reasonably appears to be a pistol,
4.15revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher, or any other
4.16firearm. The term replica firearm includes, but is not limited to, devices or objects that
4.17are designed to fire only blanks.
4.18 Sec. 4. new text begin REVISOR'S INSTRUCTION.new text end
4.19new text begin In the next edition of Minnesota Statutes, the revisor of statutes shall change new text end
4.20new text begin references to "terroristic threats" when that term is referring to Minnesota Statutes, section new text end
4.21new text begin 609.713, to "violent threats."new text end