HF 963

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to crimes; making it a crime to strangle a
family or household member; making necessary
corresponding changes to other laws; defining the new
strangulation crime as a "crime of violence;" amending
Minnesota Statutes 2004, sections 609.02, subdivision
16; 609.2242, subdivision 3; 624.712, subdivision 5;
proposing coding for new law in Minnesota Statutes,
chapter 609.

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

Section 1.

Minnesota Statutes 2004, section 609.02,
subdivision 16, is amended to read:

Subd. 16.

Qualified domestic violence-related offense.

"Qualified domestic violence-related offense" includes the
following offenses: sections 518B.01, subdivision 14 (violation
of domestic abuse order for protection); 609.221 (first-degree
assault); 609.222 (second-degree assault); 609.223 (third-degree
assault); 609.2231 (fourth-degree assault); 609.224
(fifth-degree assault); 609.2242 (domestic assault); new text begin 609.2247
(domestic assault by strangulation); new text end 609.342 (first-degree
criminal sexual conduct); 609.343 (second-degree criminal sexual
conduct); 609.344 (third-degree criminal sexual conduct);
609.345 (fourth-degree criminal sexual conduct); 609.377
(malicious punishment of a child); 609.713 (terroristic
threats); 609.748, subdivision 6 (violation of harassment
restraining order); and 609.749 (harassment/stalking); and
similar laws of other states, the United States, the District of
Columbia, tribal lands, and United States territories.

Sec. 2.

Minnesota Statutes 2004, section 609.2242,
subdivision 3, is amended to read:

Subd. 3.

Domestic assaults; firearms.

(a) When a person
is convicted of a violation of this section or section 609.221,
609.222, 609.223, deleted text begin or deleted text end 609.224, new text begin or 609.2247, new text end the court shall
determine and make written findings on the record as to whether:

(1) the assault was committed against a family or household
member, as defined in section 518B.01, subdivision 2;

(2) the defendant owns or possesses a firearm; and

(3) the firearm was used in any way during the commission
of the assault.

(b) If the court determines that the assault was of a
family or household member, and that the offender owns or
possesses a firearm and used it in any way during the commission
of the assault, it shall order that the firearm be summarily
forfeited under section 609.5316, subdivision 3.

(c) When a person is convicted of assaulting a family or
household member and is determined by the court to have used a
firearm in any way during commission of the assault, the court
may order that the person is prohibited from possessing any type
of firearm for any period longer than three years or for the
remainder of the person's life. A person who violates this
paragraph is guilty of a gross misdemeanor. At the time of the
conviction, the court shall inform the defendant whether and for
how long the defendant is prohibited from possessing a firearm
and that it is a gross misdemeanor to violate this paragraph.
The failure of the court to provide this information to a
defendant does not affect the applicability of the firearm
possession prohibition or the gross misdemeanor penalty to that
defendant.

(d) Except as otherwise provided in paragraph (c), when a
person is convicted of a violation of this section or section
609.224 and the court determines that the victim was a family or
household member, the court shall inform the defendant that the
defendant is prohibited from possessing a pistol for three years
from the date of conviction and that it is a gross misdemeanor
offense to violate this prohibition. The failure of the court
to provide this information to a defendant does not affect the
applicability of the pistol possession prohibition or the gross
misdemeanor penalty to that defendant.

(e) Except as otherwise provided in paragraph (c), a person
is not entitled to possess a pistol if the person has been
convicted after August 1, 1992, of domestic assault under this
section or assault in the fifth degree under section 609.224 and
the assault victim was a family or household member as defined
in section 518B.01, subdivision 2, unless three years have
elapsed from the date of conviction and, during that time, the
person has not been convicted of any other violation of this
section or section 609.224. Property rights may not be abated
but access may be restricted by the courts. A person who
possesses a pistol in violation of this paragraph is guilty of a
gross misdemeanor.

Sec. 3.

new text begin [609.2247] DOMESTIC ASSAULT BY STRANGULATION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section,
the following terms have the meanings given.
new text end

new text begin (b) "Family or household members" has the meaning given in
section 518B.01, subdivision 2.
new text end

new text begin (c) "Strangulation" means intentionally impeding normal
breathing or circulation of the blood by applying pressure on
the throat or neck or by blocking the nose or mouth of another
person.
new text end

new text begin Subd. 2. new text end

new text begin Crime. new text end

new text begin Unless a greater penalty is provided
elsewhere, whoever assaults a family or household member by
strangulation is guilty of a felony 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.
new text end

Sec. 4.

Minnesota Statutes 2004, section 624.712,
subdivision 5, is amended to read:

Subd. 5.

Crime of violence.

"Crime of violence" means:
felony convictions of the following offenses: sections 609.185
(murder in the first degree); 609.19 (murder in the second
degree); 609.195 (murder in the third degree); 609.20
(manslaughter in the first degree); 609.205 (manslaughter in the
second degree); 609.215 (aiding suicide and aiding attempted
suicide); 609.221 (assault in the first degree); 609.222
(assault in the second degree); 609.223 (assault in the third
degree); 609.2231 (assault in the fourth degree); new text begin 609.2247
(domestic assault by strangulation); new text end 609.229 (crimes committed
for the benefit of a gang); 609.235 (use of drugs to injure or
facilitate crime); 609.24 (simple robbery); 609.245 (aggravated
robbery); 609.25 (kidnapping); 609.255 (false imprisonment);
609.342 (criminal sexual conduct in the first degree); 609.343
(criminal sexual conduct in the second degree); 609.344
(criminal sexual conduct in the third degree); 609.345 (criminal
sexual conduct in the fourth degree); 609.377 (malicious
punishment of a child); 609.378 (neglect or endangerment of a
child); 609.486 (commission of crime while wearing or possessing
a bullet-resistant vest); 609.52 (involving theft of a firearm,
theft involving the intentional taking or driving of a motor
vehicle without the consent of the owner or authorized agent of
the owner, theft involving the taking of property from a
burning, abandoned, or vacant building, or from an area of
destruction caused by civil disaster, riot, bombing, or the
proximity of battle, and theft involving the theft of a
controlled substance, an explosive, or an incendiary device);
609.561 (arson in the first degree); 609.562 (arson in the
second degree); 609.582, subdivision 1, 2, or 3 (burglary in the
first through third degrees); 609.66, subdivision 1e (drive-by
shooting); 609.67 (unlawfully owning, possessing, operating a
machine gun or short-barreled shotgun); 609.71 (riot); 609.713
(terroristic threats); 609.749 (harassment and stalking);
609.855, subdivision 5 (shooting at a public transit vehicle or
facility); and chapter 152 (drugs, controlled substances); and
an attempt to commit any of these offenses.

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 4 are effective August 1, 2005, and apply to
crimes committed on or after that date.
new text end