HF 600

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 increased criminal 
  1.3             penalties for offenders who commit repeat felony 
  1.4             offenses; authorizing consecutive sentences for felony 
  1.5             offenses under certain circumstances; providing for 
  1.6             the tolling of a stay of sentence while a defendant 
  1.7             serves an executed, consecutive sentence; directing 
  1.8             the sentencing guidelines commission to modify its 
  1.9             policy on permissive consecutive sentencing; amending 
  1.10            Minnesota Statutes 1998, sections 609.1095, 
  1.11            subdivisions 2, 3 and 4; 609.135, subdivision 7, and 
  1.12            by adding a subdivision. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 1998, section 609.1095, 
  1.15  subdivision 2, is amended to read: 
  1.16     Subd. 2.  [INCREASED SENTENCES FOR DANGEROUS OFFENDER WHO 
  1.17  COMMITS A THIRD SECOND VIOLENT CRIME.] Whenever a person is 
  1.18  convicted of a violent crime that is a felony, and the judge is 
  1.19  imposing an executed sentence based on a sentencing guidelines 
  1.20  presumptive imprisonment sentence, the judge may impose an 
  1.21  aggravated durational departure from the presumptive 
  1.22  imprisonment sentence up to the statutory maximum sentence if 
  1.23  the offender was at least 18 years old at the time the felony 
  1.24  was committed, and: 
  1.25     (1) the court determines on the record at the time of 
  1.26  sentencing that the offender has two one or more prior 
  1.27  convictions for violent crimes; and 
  1.28     (2) the court finds that the offender is a danger to public 
  1.29  safety and specifies on the record the basis for the finding, 
  2.1   which may include: 
  2.2      (i) the offender's past criminal behavior, such as the 
  2.3   offender's high frequency rate of criminal activity or juvenile 
  2.4   adjudications, or long involvement in criminal activity 
  2.5   including juvenile adjudications; or 
  2.6      (ii) the fact that the present offense of conviction 
  2.7   involved an aggravating factor that would justify a durational 
  2.8   departure under the sentencing guidelines. 
  2.9      Sec. 2.  Minnesota Statutes 1998, section 609.1095, 
  2.10  subdivision 3, is amended to read: 
  2.11     Subd. 3.  [MANDATORY SENTENCE FOR DANGEROUS OFFENDER WHO 
  2.12  COMMITS A THIRD SECOND VIOLENT FELONY.] (a) Unless a longer 
  2.13  mandatory minimum sentence is otherwise required by law or the 
  2.14  court imposes a longer aggravated durational departure under 
  2.15  subdivision 2, a person who is convicted of a violent crime that 
  2.16  is a felony must be committed to the commissioner of corrections 
  2.17  for a mandatory sentence of at least the length of the 
  2.18  presumptive sentence under the sentencing guidelines if the 
  2.19  court determines on the record at the time of sentencing that 
  2.20  the person has two or more prior felony convictions for violent 
  2.21  crimes.  The court shall impose and execute the prison sentence 
  2.22  regardless of whether the guidelines presume an executed prison 
  2.23  sentence if: 
  2.24     (1) the court determines on the record at the time of 
  2.25  sentencing that the person has one or more prior felony 
  2.26  convictions for violent crimes; and 
  2.27     (2) the person's presumptive sentence under the sentencing 
  2.28  guidelines is commitment to the commissioner of corrections.  
  2.29     Any person convicted and sentenced as required by this 
  2.30  subdivision is not eligible for probation, parole, discharge, or 
  2.31  work release, until that person has served the full term of 
  2.32  imprisonment imposed by the court, notwithstanding sections 
  2.33  241.26, 242.19, 243.05, 244.04, 609.12, and 609.135.  
  2.34     (b) For purposes of this subdivision, "violent crime" does 
  2.35  not include a violation of section 152.023 or 152.024. 
  2.36     Sec. 3.  Minnesota Statutes 1998, section 609.1095, 
  3.1   subdivision 4, is amended to read: 
  3.2      Subd. 4.  [INCREASED SENTENCE FOR OFFENDER WHO COMMITS A 
  3.3   SIXTH THIRD FELONY.] Whenever a person is convicted of a felony, 
  3.4   and the judge is imposing an executed sentence based on a 
  3.5   sentencing guidelines presumptive imprisonment sentence, the 
  3.6   judge may impose an aggravated durational departure from the 
  3.7   presumptive sentence up to the statutory maximum sentence if the 
  3.8   judge finds and specifies on the record that the offender 
  3.9   has five or more two prior felony convictions and that the 
  3.10  present offense is a felony that was committed as part of a 
  3.11  pattern of criminal conduct. 
  3.12     Sec. 4.  Minnesota Statutes 1998, section 609.135, is 
  3.13  amended by adding a subdivision to read: 
  3.14     Subd. 2a.  [TOLLING OF STAY OF SENTENCE.] (a) When a court: 
  3.15     (1) sentences a defendant to serve an executed felony 
  3.16  sentence consecutively to a stayed felony sentence; or 
  3.17     (2) sentences a defendant to multiple, consecutive, stayed 
  3.18  felony sentences and subsequently revokes one of the stays of 
  3.19  sentence under section 609.14; 
  3.20  the running of the stay of sentence of the unexecuted sentence 
  3.21  shall be tolled while the defendant serves the executed 
  3.22  sentence.  The running of the stay of sentence shall recommence 
  3.23  when the defendant is discharged from the executed sentence. 
  3.24     (b) The defendant is not entitled to credit against the 
  3.25  stayed sentence for time served in confinement during the 
  3.26  consecutive executed sentence. 
  3.27     Sec. 5.  Minnesota Statutes 1998, section 609.135, 
  3.28  subdivision 7, is amended to read: 
  3.29     Subd. 7.  [DEMAND OF EXECUTION OF SENTENCE.] An offender 
  3.30  may not demand execution of sentence in lieu of a stay of 
  3.31  imposition or execution of sentence if the offender will serve 
  3.32  less than nine months at the state institution.  This 
  3.33  subdivision does not apply to an offender who will be serving 
  3.34  the sentence consecutively or concurrently with a previously 
  3.35  imposed executed felony sentence or in lieu of the tolling of a 
  3.36  stay of sentence under subdivision 2a. 
  4.1      Sec. 6.  [SENTENCING GUIDELINES MODIFICATION.] 
  4.2      The sentencing guidelines commission shall modify 
  4.3   sentencing guideline section II.F. to permit courts to impose 
  4.4   consecutive sentences in any case in which: 
  4.5      (1) the defendant is sentenced for multiple current felony 
  4.6   offenses and the court stays imposition or execution of sentence 
  4.7   for all but one of the offenses; or 
  4.8      (2) the defendant, at the time of sentencing, is subject to 
  4.9   a prior felony sentence, the imposition or execution of which 
  4.10  was stayed. 
  4.11     A consecutive sentence imposed under this section is not a 
  4.12  departure from the sentencing guidelines. 
  4.13     Sec. 7.  [EFFECTIVE DATE.] 
  4.14     Sections 1 to 6 are effective August 1, 1999, and apply to 
  4.15  crimes committed on or after that date.