HF 769

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; enhancing penalties for vehicular 
  1.3             homicide repeat offenders; amending Minnesota Statutes 
  1.4             2000, sections 609.19, subdivision 2; and 609.195. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2000, section 609.19, 
  1.7   subdivision 2, is amended to read: 
  1.8      Subd. 2.  [UNINTENTIONAL MURDERS.] Whoever does either any 
  1.9   of the following is guilty of unintentional murder in the second 
  1.10  degree and may be sentenced to imprisonment for not more than 40 
  1.11  years: 
  1.12     (1) causes the death of a human being, without intent to 
  1.13  effect the death of any person, while committing or attempting 
  1.14  to commit a felony offense other than criminal sexual conduct in 
  1.15  the first or second degree with force or violence or a drive-by 
  1.16  shooting; or 
  1.17     (2) causes the death of a human being without intent to 
  1.18  effect the death of any person, while intentionally inflicting 
  1.19  or attempting to inflict bodily harm upon the victim, when the 
  1.20  perpetrator is restrained under an order for protection and the 
  1.21  victim is a person designated to receive protection under the 
  1.22  order.  As used in this clause, "order for protection" includes 
  1.23  an order for protection issued under chapter 518B; a harassment 
  1.24  restraining order issued under section 609.748; a court order 
  1.25  setting conditions of pretrial release or conditions of a 
  2.1   criminal sentence or juvenile court disposition; a restraining 
  2.2   order issued in a marriage dissolution action; and any order 
  2.3   issued by a court of another state or of the United States that 
  2.4   is similar to any of these orders.; or 
  2.5      (3) causes the death of a human being not constituting 
  2.6   murder in the first degree, as a result of operating a motor 
  2.7   vehicle in violation of section 609.21, subdivision 1 or 3, and 
  2.8   the defendant has been previously convicted or adjudicated for a 
  2.9   violation of section 609.21, subdivision 1 or 3, or a similar 
  2.10  law of any state of the United States. 
  2.11     Sec. 2.  Minnesota Statutes 2000, section 609.195, is 
  2.12  amended to read: 
  2.13     609.195 [MURDER IN THE THIRD DEGREE.] 
  2.14     Whoever does any of the following is guilty of murder in 
  2.15  the third degree and may be sentenced to imprisonment for not 
  2.16  more than 25 years or to payment of a fine of not more than 
  2.17  $40,000 or both: 
  2.18     (a) Whoever, (1) without intent to effect the death of any 
  2.19  person, causes the death of another by perpetrating an act 
  2.20  eminently dangerous to others and evincing a depraved mind, 
  2.21  without regard for human life, is guilty of murder in the third 
  2.22  degree and may be sentenced to imprisonment for not more than 25 
  2.23  years.; 
  2.24     (b) Whoever, (2) without intent to cause death, proximately 
  2.25  causes the death of a human being by, directly or indirectly, 
  2.26  unlawfully selling, giving away, bartering, delivering, 
  2.27  exchanging, distributing, or administering a controlled 
  2.28  substance classified in schedule I or II, is guilty of murder in 
  2.29  the third degree and may be sentenced to imprisonment for not 
  2.30  more than 25 years or to payment of a fine of not more than 
  2.31  $40,000, or both.; or 
  2.32     (3) causes the death of a human being not constituting 
  2.33  murder in the first degree or murder in the second degree as a 
  2.34  result of operating a motor vehicle in violation of section 
  2.35  609.21, subdivision 1 or 3, and this violation occurs subsequent 
  2.36  to a prior conviction for a first degree violation of chapter 
  3.1   169A or a felony conviction of section 609.21, subdivision 2, 
  3.2   2a, 2b, or 4. 
  3.3      Sec. 3.  [EFFECTIVE DATE.] 
  3.4      Sections 1 and 2 are effective August 1, 2001, and apply to 
  3.5   crimes committed on or after that date.