HF 644

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 prevention; clarifying that a court 
  1.3             may not refuse to adjudicate a defendant's guilt; 
  1.4             amending Minnesota Statutes 1996, section 609.095. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1996, section 609.095, is 
  1.7   amended to read: 
  1.8      609.095 [LIMITS OF SENTENCES.] 
  1.9      (a) The legislature has the exclusive authority to define 
  1.10  crimes and offenses and the range of the sentences or 
  1.11  punishments for their violation.  No other or different sentence 
  1.12  or punishment shall be imposed for the commission of a crime 
  1.13  than is authorized by this chapter or other applicable law.  
  1.14     (b) Except as provided in section 152.18, a court may not 
  1.15  refuse to adjudicate the guilt of a defendant who tenders a 
  1.16  guilty plea in accordance with Minnesota Rules of Criminal 
  1.17  Procedure, rule 15, or who has been found guilty by a court or 
  1.18  jury following a trial. 
  1.19     (c) Paragraph (b) does not supersede Minnesota Rules of 
  1.20  Criminal Procedure, rule 26.04.