SF 4027
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/03/2026 09:14 a.m.
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A bill for an act
relating to public safety; requiring an aggravated durational departure for certain
violent offenders who use a firearm; requiring certain sentences to be imposed
consecutively to other sentences; requiring certain offenders to serve an entire
announced sentence in prison; amending Minnesota Statutes 2024, sections 244.45;
609.1095, subdivisions 2, 3, 4, by adding a subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 244.45, is amended to read:
244.45 INELIGIBILITY FOR EARNED INCENTIVE RELEASE CREDIT.
The following individuals are ineligible for earned incentive release credit:
(1) those serving life sentences;
new text begin
(2) those sentenced under section 609.1095;
new text end
deleted text begin (2)deleted text end new text begin (3)new text end those given indeterminate sentences for crimes committed on or before April 30,
1980; or
deleted text begin (3)deleted text end new text begin (4)new text end those subject to good time under section 244.04 or similar laws.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 2.
Minnesota Statutes 2024, section 609.1095, subdivision 2, is amended to read:
Subd. 2.
Increased sentences for dangerous offender who commits third violent
crimenew text begin ; mandatory increase for crimes involving a firearmnew text end .
new text begin (a) new text end Whenever a person is
convicted of a violent crime that is a felony, and the judge is imposing an executed sentence
based on a Sentencing Guidelines presumptive imprisonment sentence, the judge may
impose an aggravated durational departure from the presumptive imprisonment sentence
up to the statutory maximum sentence if the offender was at least 18 years old at the time
the felony was committed, and:
(1) the court determines on the record at the time of sentencing that the offender has two
or more prior convictions for violent crimes; and
(2) the fact finder determines that the offender is a danger to public safety. The fact
finder may base its determination that the offender is a danger to public safety on the
following factors:
(i) the offender's past criminal behavior, such as the offender's high frequency rate of
criminal activity or juvenile adjudications, or long involvement in criminal activity including
juvenile adjudications; or
(ii) the fact that the present offense of conviction involved an aggravating factor that
would justify a durational departure under the Sentencing Guidelines.
new text begin
(b) The judge must impose an aggravated durational departure from the presumptive
imprisonment sentence up to the statutory maximum if the offender meets the requirements
under paragraph (a) and:
new text end
new text begin
(1) the offender or an accomplice, at the time of the offense, had in possession or used,
whether by brandishing, displaying, threatening with, or otherwise employing, a firearm;
and
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new text begin
(2) in at least two of the prior convictions for violent crimes determined under paragraph
(a), clause (1), the offender or an accomplice, at the time of the offense, had in possession
or used a firearm.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to crimes committed on or after that date.
new text end
Sec. 3.
Minnesota Statutes 2024, section 609.1095, subdivision 3, is amended to read:
Subd. 3.
Mandatory sentence for dangerous offender who commits third violent
felony.
(a) Unless a longer mandatory minimum sentence is otherwise required by law or
the court imposes a longer aggravated durational departure under subdivision 2, a person
who is convicted of a violent crime that is a felony must be committed to the commissioner
of corrections for a mandatory sentence of at least the length of the presumptive sentence
under the Sentencing Guidelines if the court determines on the record at the time of
sentencing that the person has two or more prior felony convictions for violent crimes. The
court shall impose and execute the prison sentence regardless of whether the guidelines
presume an executed prison sentence.
deleted text begin
Any person convicted and sentenced as required by this subdivision is not eligible for
probation, parole, discharge, or work release, until that person has served the full term of
imprisonment imposed by the court, notwithstanding sections 241.26, 242.19, 243.05,
244.04, 609.12, and 609.135.
deleted text end
(b) For purposes of this subdivision, "violent crime" does not include a violation of
section 152.023 or 152.024.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 4.
Minnesota Statutes 2024, section 609.1095, subdivision 4, is amended to read:
Subd. 4.
Increased sentence for offender who commits sixth felony.
new text begin (a) new text end Whenever a
person is convicted of a felony, and the judge is imposing an executed sentence based on a
Sentencing Guidelines presumptive imprisonment sentence, the judge may impose an
aggravated durational departure from the presumptive sentence up to the statutory maximum
sentence if the deleted text begin factfinderdeleted text end new text begin fact findernew text end determines that the offender has five or more prior
felony convictions and that the present offense is a felony that was committed as part of a
pattern of criminal conduct.
new text begin
(b) The judge must impose an aggravated durational departure from the presumptive
imprisonment sentence up to the statutory maximum if the offender meets the requirements
under paragraph (a) and the offender or an accomplice, at the time of the offense, had in
possession or used, whether by brandishing, displaying, threatening with, or otherwise
employing, a firearm.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 5.
Minnesota Statutes 2024, section 609.1095, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Consecutive sentences; release. new text end
new text begin
(a) Any person convicted and sentenced as
required by subdivision 2, paragraph (b), or subdivision 4, paragraph (b), must serve any
imposed sentences consecutively to any unexpired portion of a previously imposed sentence
unless the total time to serve in prison would be longer if a concurrent sentence were imposed.
new text end
new text begin
(b) Any person convicted and sentenced as required by this section is not eligible for
probation, parole, discharge, or work release until that person has served the full term of
imprisonment imposed by the court, notwithstanding sections 241.26, 242.19, 243.05,
244.04, 244.40 to 244.51, 609.12, and 609.135.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end