HF 981

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; clarifying the 
  1.3             reasonable person standard for manslaughter in the 
  1.4             first degree; clarifying certain acts that constitute 
  1.5             murder in the first degree; amending Minnesota 
  1.6             Statutes 1994, sections 609.185; and 609.20. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 609.185, is 
  1.9   amended to read: 
  1.10     609.185 [MURDER IN THE FIRST DEGREE.] 
  1.11     Whoever does any of the following is guilty of murder in 
  1.12  the first degree and shall be sentenced to imprisonment for life:
  1.13     (1) causes the death of a human being with premeditation 
  1.14  and with intent to effect the death of the person or of another; 
  1.15     (2) causes the death of a human being while committing or 
  1.16  attempting to commit criminal sexual conduct in the first or 
  1.17  second degree with force or violence, either upon or affecting 
  1.18  the person or another; 
  1.19     (3) causes the death of a human being with intent to effect 
  1.20  the death of the person or another, while committing or 
  1.21  attempting to commit burglary, aggravated robbery, kidnapping, 
  1.22  arson in the first or second degree, tampering with a witness in 
  1.23  the first degree, escape from custody, or any felony violation 
  1.24  of chapter 152 involving the unlawful sale of a controlled 
  1.25  substance; 
  1.26     (4) causes the death of a peace officer or a guard employed 
  2.1   at a Minnesota state or local correctional facility, with intent 
  2.2   to effect the death of that person or another, while the peace 
  2.3   officer or guard is engaged in the performance of official 
  2.4   duties; 
  2.5      (5) causes the death of a minor under circumstances other 
  2.6   than those described in clause (1) or (2) while committing child 
  2.7   abuse, when the perpetrator has engaged in a past pattern of 
  2.8   child abuse upon the child and the death occurs under 
  2.9   circumstances manifesting an extreme indifference to human life; 
  2.10  or 
  2.11     (6) causes the death of a human being under circumstances 
  2.12  other than those described in clause (1), (2), or (5) while 
  2.13  committing domestic abuse, when the perpetrator has engaged in a 
  2.14  past pattern of domestic abuse upon the victim and the death 
  2.15  occurs under circumstances manifesting an extreme indifference 
  2.16  to human life. 
  2.17     For purposes of clause (5), "child abuse" means an act 
  2.18  committed against a minor victim that constitutes a violation of 
  2.19  the following laws of this state or any similar laws of the 
  2.20  United States or any other state:  section 609.221; 609.222; 
  2.21  609.223; 609.224; 609.342; 609.343; 609.344; 609.345; 609.377; 
  2.22  609.378; or 609.713. 
  2.23     For purposes of clause (6), "domestic abuse" means an act 
  2.24  that: 
  2.25     (1) constitutes a violation of section 609.221, 609.222, 
  2.26  609.223, 609.224, 609.342, 609.343, 609.344, 609.345, 609.713, 
  2.27  or any similar laws of the United States or any other state; and 
  2.28     (2) is committed against the victim who is a family or 
  2.29  household member as defined in section 518B.01, subdivision 2, 
  2.30  paragraph (b). 
  2.31     Sec. 2.  Minnesota Statutes 1994, section 609.20, is 
  2.32  amended to read: 
  2.33     609.20 [MANSLAUGHTER IN THE FIRST DEGREE.] 
  2.34     Whoever does any of the following is guilty of manslaughter 
  2.35  in the first degree and may be sentenced to imprisonment for not 
  2.36  more than 15 years or to payment of a fine of not more than 
  3.1   $30,000, or both: 
  3.2      (1) intentionally causes the death of another person in the 
  3.3   heat of passion provoked by such words or acts of another as 
  3.4   would provoke a person of ordinary self-control not under the 
  3.5   influence of alcohol or drugs under like circumstances, provided 
  3.6   that the crying of a child does not constitute provocation; 
  3.7      (2) causes the death of another in committing or attempting 
  3.8   to commit a misdemeanor or gross misdemeanor offense with such 
  3.9   force and violence that death of or great bodily harm to any 
  3.10  person was reasonably foreseeable, and murder in the first or 
  3.11  second degree was not committed thereby; 
  3.12     (3) intentionally causes the death of another person 
  3.13  because the actor is coerced by threats made by someone other 
  3.14  than the actor's coconspirator and which cause the actor 
  3.15  reasonably to believe that the act performed by the actor is the 
  3.16  only means of preventing imminent death to the actor or another; 
  3.17  or 
  3.18     (4) proximately causes the death of another, without intent 
  3.19  to cause death by, directly or indirectly, unlawfully selling, 
  3.20  giving away, bartering, delivering, exchanging, distributing, or 
  3.21  administering a controlled substance classified in schedule III, 
  3.22  IV, or V.