HF 455

as introduced - 87th Legislature (2011 - 2012) Posted on 02/10/2011 10:23am

A bill for an act
relating to public safety; expanding the fourth-degree assault crime and the
assaulting a police horse crime to provide more protection to law enforcement
assistants; amending Minnesota Statutes 2010, sections 609.02, by adding a
subdivision; 609.2231, by adding a subdivision; 609.597.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 609.02, is amended by adding a
subdivision to read:

new text begin Subd. 17. new text end

new text begin Law enforcement assistant. new text end

new text begin "Law enforcement assistant" means
any authorized member of a sheriff's office or other state, county, regional, or local
government's mounted posse, mounted patrol, or unmounted posse organization. A law
enforcement assistant's duties do not include enforcement of the general criminal laws of
the state, and the assistant does not have full powers of arrest or authorization to carry
a firearm on duty.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2010, section 609.2231, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Law enforcement assistants. new text end

new text begin A person is guilty of a gross misdemeanor
who assaults a law enforcement assistant while the law enforcement assistant is
operating at the direction of, under the control of, or on behalf of a peace officer or a
law enforcement agency.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2010, section 609.597, is amended to read:

609.597 ASSAULTING OR HARMING POLICE HORSE; PENALTIES.

Subdivision 1.

Definition.

As used in this section, "police horse" means a horse that
has been trained for crowd control and other law enforcement purposes and is used to assist
peace officers new text begin or law enforcement assistants new text end in the performance of their official duties.

Subd. 2.

Crime.

Whoever assaults or intentionally harms a police horse while the
horse is being used or maintained for use by a law enforcement agency new text begin , or while a law
enforcement assistant is operating at the direction of, under the control of, or on behalf of
a peace officer or a law enforcement agency, new text end is guilty of a crime and may be sentenced as
provided in subdivision 3.

Subd. 3.

Penalties.

A person convicted of violating subdivision 2 may be sentenced
as follows:

(1) if a peace officer, new text begin law enforcement assistant, new text end or any other person suffers
great bodily harm or death as a result of the violation, the person may be sentenced to
imprisonment for not more than five years or to payment of a fine of not more than
$10,000, or both;

(2) if the police horse suffers death or great bodily harm as a result of the violation,
or if a peace officer new text begin or law enforcement assistant new text end suffers demonstrable bodily harm as a
result of the violation, the person may be sentenced to imprisonment for not more than
two years or to payment of a fine of not more than $4,000, or both;

(3) if the police horse suffers demonstrable bodily harm as a result of the violation,
the person may be sentenced to imprisonment for not more than one year and one day
or to payment of a fine of not more than $3,000, or both;

(4) if a peace officer new text begin or law enforcement assistant new text end is involuntarily unseated from
the police horse or any person, other than the peace officer new text begin or law enforcement assistant new text end ,
suffers demonstrable bodily harm as a result of the violation, the person may be sentenced
to imprisonment for not more than one year or to payment of a fine of not more than
$3,000, or both;

(5) if a violation other than one described in clauses (1) to (4) occurs, the person
may be sentenced to imprisonment for not more than 90 days or to payment of a fine of
not more than $1,000, or both.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to crimes
committed on or after that date.
new text end