HF 135

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crime; providing that enhanced penalties 
  1.3             for repeat assault offenses apply to offenders who 
  1.4             have prior delinquency adjudications for assault and 
  1.5             related offenses; amending Minnesota Statutes 1998, 
  1.6             sections 609.224, subdivisions 2 and 4; and 609.2242, 
  1.7             subdivisions 2 and 4. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 609.224, 
  1.10  subdivision 2, is amended to read: 
  1.11     Subd. 2.  [GROSS MISDEMEANOR.] (a) Whoever violates the 
  1.12  provisions of subdivision 1 against the same victim during the 
  1.13  time period between a previous conviction or adjudication under 
  1.14  this section, sections 609.221 to 609.2231, 609.2242, 609.342 to 
  1.15  609.345, or 609.713, or any similar law of another state, and 
  1.16  the end of the five years following discharge from sentence or 
  1.17  disposition for that conviction or adjudication, is guilty of a 
  1.18  gross misdemeanor and may be sentenced to imprisonment for not 
  1.19  more than one year or to payment of a fine of not more than 
  1.20  $3,000, or both.  
  1.21     (b) Whoever violates the provisions of subdivision 1 within 
  1.22  two years of a previous conviction or adjudication under this 
  1.23  section or sections 609.221 to 609.2231, 609.2242, or 609.713 is 
  1.24  guilty of a gross misdemeanor and may be sentenced to 
  1.25  imprisonment for not more than one year or to payment of a fine 
  1.26  of not more than $3,000, or both. 
  2.1      (c) A caregiver, as defined in section 609.232, who is an 
  2.2   individual and who violates the provisions of subdivision 1 
  2.3   against a vulnerable adult, as defined in section 609.232, is 
  2.4   guilty of a gross misdemeanor and may be sentenced to 
  2.5   imprisonment for not more than one year or to payment of a fine 
  2.6   of not more than $3,000, or both. 
  2.7      Sec. 2.  Minnesota Statutes 1998, section 609.224, 
  2.8   subdivision 4, is amended to read: 
  2.9      Subd. 4.  [FELONY.] (a) Whoever violates the provisions of 
  2.10  subdivision 1 against the same victim during the time period 
  2.11  between the first of two or more previous convictions or 
  2.12  adjudications under this section or sections 609.221 to 
  2.13  609.2231, 609.2242, 609.342 to 609.345, or 609.713, and the end 
  2.14  of the five years following discharge from sentence or 
  2.15  disposition for that conviction or adjudication is guilty of a 
  2.16  felony and may be sentenced to imprisonment for not more than 
  2.17  five years or payment of a fine of not more than $10,000, or 
  2.18  both. 
  2.19     (b) Whoever violates the provisions of subdivision 1 within 
  2.20  three years of the first of two or more previous convictions or 
  2.21  adjudications under this section or sections 609.221 to 
  2.22  609.2231, 609.2242, or 609.713 is guilty of a felony and may be 
  2.23  sentenced to imprisonment for not more than five years or to 
  2.24  payment of a fine of not more than $10,000, or both. 
  2.25     Sec. 3.  Minnesota Statutes 1998, section 609.2242, 
  2.26  subdivision 2, is amended to read: 
  2.27     Subd. 2.  [GROSS MISDEMEANOR.] Whoever violates subdivision 
  2.28  1 during the time period between a previous conviction or 
  2.29  adjudication under this section or sections 609.221 to 609.2231, 
  2.30  609.224, 609.342 to 609.345, or 609.713 against a family or 
  2.31  household member as defined in section 518B.01, subdivision 2, 
  2.32  and the end of the five years following discharge from 
  2.33  sentence or disposition for that conviction or adjudication is 
  2.34  guilty of a gross misdemeanor and may be sentenced to 
  2.35  imprisonment for not more than one year or to payment of a fine 
  2.36  of not more than $3,000, or both. 
  3.1      Sec. 4.  Minnesota Statutes 1998, section 609.2242, 
  3.2   subdivision 4, is amended to read: 
  3.3      Subd. 4.  [FELONY.] Whoever violates the provisions of this 
  3.4   section or section 609.224, subdivision 1, against the same 
  3.5   victim during the time period between the first of two or more 
  3.6   previous convictions or adjudications under this section or 
  3.7   sections 609.221 to 609.2231, 609.224, 609.342 to 609.345, or 
  3.8   609.713, and the end of the five years following discharge from 
  3.9   sentence or disposition for that conviction or adjudication is 
  3.10  guilty of a felony and may be sentenced to imprisonment for not 
  3.11  more than five years or payment of a fine of not more than 
  3.12  $10,000, or both. 
  3.13     Sec. 5.  [EFFECTIVE DATE.] 
  3.14     Sections 1 to 4 are effective August 1, 1999, and apply to 
  3.15  offenses committed on or after that date.