HF 616

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; providing for mandatory testing for 
  1.3             HIV or hepatitis B when a correctional guard 
  1.4             experiences a significant exposure while engaged in 
  1.5             official duties; providing for consecutive sentencing 
  1.6             when a prison inmate commits an assault while in 
  1.7             prison; clarifying that the crime of fourth degree 
  1.8             assault includes assaults involving the transfer of an 
  1.9             infectious agent for a communicable disease; amending 
  1.10            Minnesota Statutes 1996, sections 144.761, subdivision 
  1.11            5; 609.15, subdivision 1; and 609.2231, by adding a 
  1.12            subdivision; proposing coding for new law in Minnesota 
  1.13            Statutes, chapter 609. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 1996, section 144.761, 
  1.16  subdivision 5, is amended to read: 
  1.17     Subd. 5.  [EMERGENCY MEDICAL SERVICES PERSONNEL.] 
  1.18  "Emergency medical services personnel" means: 
  1.19     (1) individuals employed to provide prehospital emergency 
  1.20  medical services; 
  1.21     (2) persons employed as licensed police officers under 
  1.22  section 626.84, subdivision 1, who experience a significant 
  1.23  exposure in the performance of their duties; 
  1.24     (3) firefighters, paramedics, emergency medical 
  1.25  technicians, licensed nurses, rescue squad personnel, or other 
  1.26  individuals who serve as employees or volunteers of an ambulance 
  1.27  service as defined by sections 144.801 to 144.8091, who provide 
  1.28  prehospital emergency medical services; 
  1.29     (4) crime lab personnel receiving a significant exposure 
  2.1   while involved in a criminal investigation; 
  2.2      (5) correctional guards, including security guards at the 
  2.3   Minnesota security hospital, employed by the state or a local 
  2.4   unit of government who experience a significant exposure to an 
  2.5   inmate who is transported to a facility for emergency medical 
  2.6   care in the performance of their duties; and 
  2.7      (6) other persons who render emergency care or assistance 
  2.8   at the scene of an emergency, or while an injured person is 
  2.9   being transported to receive medical care, and who would qualify 
  2.10  for immunity from liability under the good samaritan law, 
  2.11  section 604A.01. 
  2.12     Sec. 2.  Minnesota Statutes 1996, section 609.15, 
  2.13  subdivision 1, is amended to read: 
  2.14     Subdivision 1.  [CONCURRENT, CONSECUTIVE SENTENCES; 
  2.15  SPECIFICATION REQUIREMENT.] (a) Except as provided in paragraph 
  2.16  (b), when separate sentences of imprisonment are imposed on a 
  2.17  defendant for two or more crimes, whether charged in a single 
  2.18  indictment or information or separately, or when a person who is 
  2.19  under sentence of imprisonment in this state is being sentenced 
  2.20  to imprisonment for another crime committed prior to or while 
  2.21  subject to such former sentence, the court in the later 
  2.22  sentences shall specify whether the sentences shall run 
  2.23  concurrently or consecutively.  If the court does not so 
  2.24  specify, the sentences shall run concurrently.  
  2.25     (b) An inmate of a state prison who is convicted of 
  2.26  committing an assault within the correctional facility is 
  2.27  subject to the consecutive sentencing provisions of section 
  2.28  609.2232. 
  2.29     Sec. 3.  Minnesota Statutes 1996, section 609.2231, is 
  2.30  amended by adding a subdivision to read: 
  2.31     Subd. 7.  [DEFINITION.] As used in this section, 
  2.32  "demonstrable bodily harm" includes: 
  2.33     (1) bodily harm capable of being observed by a person other 
  2.34  than the victim; and 
  2.35     (2) a transfer of an infectious agent for a communicable 
  2.36  disease in violation of section 609.2241. 
  3.1      Sec. 4.  [609.2232] [CONSECUTIVE SENTENCES FOR ASSAULTS 
  3.2   COMMITTED BY STATE PRISON INMATES.] 
  3.3      If an inmate of a state correctional facility is convicted 
  3.4   of violating section 609.221, 609.222, 609.223, 609.2231, or 
  3.5   609.224, while confined in the facility, the sentence imposed 
  3.6   for the assault shall be executed and run consecutively to any 
  3.7   unexpired portion of the offender's earlier sentence.  The 
  3.8   inmate shall serve the sentence for the assault in a state 
  3.9   correctional facility even if the assault conviction was for a 
  3.10  misdemeanor or gross misdemeanor. 
  3.11     Sec. 5.  [EFFECTIVE DATE.] 
  3.12     Sections 1 to 4 are effective August 1, 1997, and apply to 
  3.13  crimes committed on or after that date.