HF 206

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crime; increasing mandatory minimum prison 
  1.3             sentences from 18 months to three years for convicted 
  1.4             felons who unlawfully possess a firearm; amending 
  1.5             Minnesota Statutes 1996, section 609.11, subdivision 5.
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 609.11, 
  1.8   subdivision 5, is amended to read: 
  1.9      Subd. 5.  [FIREARM.] (a) Except as otherwise provided in 
  1.10  paragraph (b), Any defendant convicted of an offense listed in 
  1.11  subdivision 9 in which the defendant or an accomplice, at the 
  1.12  time of the offense, had in possession or used, whether by 
  1.13  brandishing, displaying, threatening with, or otherwise 
  1.14  employing, a firearm, shall be committed to the commissioner of 
  1.15  corrections for not less than three years, nor more than the 
  1.16  maximum sentence provided by law.  Any defendant convicted of a 
  1.17  second or subsequent offense in which the defendant or an 
  1.18  accomplice, at the time of the offense, had in possession or 
  1.19  used a firearm shall be committed to the commissioner of 
  1.20  corrections for not less than five years, nor more than the 
  1.21  maximum sentence provided by law.  
  1.22     (b) Any defendant convicted of violating section 609.165 or 
  1.23  624.713, subdivision 1, clause (b), shall be committed to the 
  1.24  commissioner of corrections for not less than 18 months, nor 
  1.25  more than the maximum sentence provided by law.  Any defendant 
  2.1   convicted of a second or subsequent violation of either of these 
  2.2   sections shall be committed to the commissioner of corrections 
  2.3   for not less than five years, nor more than the maximum sentence 
  2.4   provided by law. 
  2.5      Sec. 2.  [EFFECTIVE DATE.] 
  2.6      Section 1 is effective August 1, 1997, and applies to 
  2.7   crimes committed on or after that date.