HF 238

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime; increasing the presumptive penalty 
  1.3             for criminal sexual conduct in the second degree; 
  1.4             amending Minnesota Statutes 2000, section 609.343, 
  1.5             subdivision 2. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 609.343, 
  1.8   subdivision 2, is amended to read: 
  1.9      Subd. 2.  [PENALTY.] (a) Except as otherwise provided in 
  1.10  section 609.109, a person convicted under subdivision 1 may be 
  1.11  sentenced to imprisonment for not more than 25 years or to a 
  1.12  payment of a fine of not more than $35,000, or both.  
  1.13     (b) Unless a longer mandatory minimum sentence is otherwise 
  1.14  required by law or the sentencing guidelines provide for a 
  1.15  longer presumptive executed sentence, the court shall presume 
  1.16  that an executed sentence of 90 months must be imposed on an 
  1.17  offender convicted of violating this section.  Sentencing a 
  1.18  person in a manner other than that described in this paragraph 
  1.19  is a departure from the sentencing guidelines. 
  1.20     Sec. 2.  [EFFECTIVE DATE.] 
  1.21     Section 1 is effective August 1, 2001, and applies to 
  1.22  crimes committed on or after that date.