HF 935

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to crimes; making it a crime of child
endangerment to manufacture controlled substances in
the presence of a child; amending Minnesota Statutes
2004, section 609.378, subdivision 1, by adding
subdivisions.

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

Section 1.

Minnesota Statutes 2004, section 609.378,
subdivision 1, is amended to read:

Subdivision 1.

Persons guilty of neglect or
endangerment.

(a) [NEGLECT.] (1) A parent, legal guardian, or
caretaker who willfully deprives a child of necessary food,
clothing, shelter, health care, or supervision appropriate to
the child's age, when the parent, guardian, or caretaker is
reasonably able to make the necessary provisions and the
deprivation harms or is likely to substantially harm the child's
physical, mental, or emotional health is guilty of neglect of a
child and 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.
If the deprivation results in substantial harm to the child's
physical, mental, or emotional health, 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. If a
parent, guardian, or caretaker responsible for the child's care
in good faith selects and depends upon spiritual means or prayer
for treatment or care of disease or remedial care of the child,
this treatment or care is "health care," for purposes of this
clause.

(2) A parent, legal guardian, or caretaker who knowingly
permits the continuing physical or sexual abuse of a child is
guilty of neglect of a child and 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.

(b) [ENDANGERMENT.] A parent, legal guardian, or caretaker
who endangers the child's person or health by:

(1) intentionally or recklessly causing or permitting a
child to be placed in a situation likely to substantially harm
the child's physical, mental, or emotional health or cause the
child's death; or

(2) knowingly causing or permitting the child to be present
where any person is selling, manufacturing, possessing immediate
precursors or chemical substances with intent to manufacture, or
possessing a controlled substance, as defined in section 152.01,
subdivision 4, in violation of section 152.021, 152.022,
152.023, or 152.024; is guilty of child endangerment and 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.

If the endangerment results in substantial harm to the
child's physical, mental, or emotional health, 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.

This paragraph does not prevent a parent, legal guardian,
or caretaker from causing or permitting a child to engage in
activities that are appropriate to the child's age, stage of
development, and experience, or from selecting health care as
defined in subdivision 1, paragraph (a).

(c) [ENDANGERMENT BY MANUFACTURING CONTROLLED
SUBSTANCES.] new text begin A person who manufactures or attempts to
manufacture a controlled substance knowing or having reason to
know that a child under 14 years of age is present in the
building in which the person engages in any manufacturing
activities is guilty of child endangerment and 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. To be guilty of an
offense under this paragraph, a person need not be a parent,
legal guardian, or caretaker of the child, nor is it necessary
to demonstrate substantial harm to the child's physical, mental,
or emotional health.
new text end

new text begin (d) new text end [ENDANGERMENT BY FIREARM ACCESS.] A person who
intentionally or recklessly causes a child under 14 years of age
to be placed in a situation likely to substantially harm the
child's physical health or cause the child's death as a result
of the child's access to a loaded firearm is guilty of child
endangerment and 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.

If the endangerment results in substantial harm to the
child's physical health, 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.

Sec. 2.

Minnesota Statutes 2004, section 609.378, is
amended by adding a subdivision to read:

new text begin Subd. 3. new text end

new text begin Multiple sentences. new text end

new text begin Notwithstanding sections
609.035 and 609.04, a prosecution for or conviction under this
section is not a bar to conviction of or punishment for any
other crime committed by the defendant as part of the same
conduct.
new text end

Sec. 3.

Minnesota Statutes 2004, section 609.378, is
amended by adding a subdivision to read:

new text begin Subd. 4. new text end

new text begin Consecutive sentences. new text end

new text begin Notwithstanding any
provision of the sentencing guidelines, the court may provide
that a sentence imposed for a violation of this section shall
run consecutively to any sentence imposed for the intended
criminal act. A decision of the court to impose consecutive
sentences under this subdivision is not a departure from the
sentencing guidelines.
new text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 3 are effective August 1, 2005, and apply to
crimes committed on or after that date.
new text end