HF 994

as introduced - 89th Legislature (2015 - 2016) Posted on 02/19/2015 04:41pm

A bill for an act
relating to public safety; addressing controlled substance crimes by lowering
certain threshold amounts, eliminating minimum sentences, expanding the
nonviolent controlled substance offender conditional release program, making
the stay of adjudication law for low-level offenders mandatory, and directing that
savings from these changes be used for treatment and educational programs;
appropriating money; amending Minnesota Statutes 2014, sections 152.021;
152.022; 152.023; 152.024, subdivision 3; 152.025; 152.18, subdivision 1;
244.0513, subdivision 2; repealing Minnesota Statutes 2014, section 152.026.

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

Section 1.

Minnesota Statutes 2014, section 152.021, is amended to read:

152.021 CONTROLLED SUBSTANCE CRIME IN THE FIRST DEGREE.

Subdivision 1.

Sale crimes.

A person is guilty of controlled substance crime in
the first degree if:

(1) deleted text begin on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures of a total weight of ten grams or more containing cocaine, heroin, or
methamphetamine;
deleted text end

deleted text begin (2) deleted text end on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures of a total weight of 50 grams or more containing a narcotic drug deleted text begin other
than cocaine, heroin, or methamphetamine deleted text end ;

deleted text begin (3) deleted text end new text begin (2) new text end on one or more occasions within a 90-day period the person unlawfully sells
one or more mixtures of a total weight of 50 grams or more containing amphetamine,
phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units,
equaling 200 or more dosage units; or

deleted text begin (4) deleted text end new text begin (3) new text end on one or more occasions within a 90-day period the person unlawfully sells
one or more mixtures of a total weight of 50 kilograms or more containing marijuana or
Tetrahydrocannabinols, or one or more mixtures of a total weight of 25 kilograms or more
containing marijuana or Tetrahydrocannabinols in a school zone, a park zone, a public
housing zone, or a drug treatment facility.

Subd. 2.

Possession crimes.

(a) A person is guilty of a controlled substance crime
in the first degree if:

(1) deleted text begin the person unlawfully possesses one or more mixtures of a total weight of 25
grams or more containing cocaine, heroin, or methamphetamine;
deleted text end

deleted text begin (2) deleted text end the person unlawfully possesses one or more mixtures of a total weight of 500
grams or more containing a narcotic drug deleted text begin other than cocaine, heroin, or methamphetamine deleted text end ;

deleted text begin (3) deleted text end new text begin (2) new text end the person unlawfully possesses one or more mixtures of a total weight of
500 grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the
controlled substance is packaged in dosage units, equaling 500 or more dosage units; or

deleted text begin (4) deleted text end new text begin (3) new text end the person unlawfully possesses one or more mixtures of a total weight of
100 kilograms or more containing marijuana or Tetrahydrocannabinols.

(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
not be considered in measuring the weight of a mixture except in cases where the mixture
contains four or more fluid ounces of fluid.

deleted text begin Subd. 2a. deleted text end

deleted text begin Methamphetamine manufacture crime. deleted text end

deleted text begin (a) Notwithstanding
subdivision 1, sections 152.022, subdivision 1, 152.023, subdivision 1, and 152.024,
subdivision 1, a person is guilty of controlled substance crime in the first degree if the
person manufactures any amount of methamphetamine.
deleted text end

(b) [Renumbered 152.0262, subdivision 1]

Subd. 3.

Penalty.

(a) A person convicted under deleted text begin subdivisions deleted text end new text begin subdivision new text end 1 deleted text begin to 2a,
paragraph (a) deleted text end new text begin or 2 new text end , may be sentenced to imprisonment for not more than 30 years or to
payment of a fine of not more than $1,000,000, or both.

(b) deleted text begin If the conviction is a subsequent controlled substance conviction, a person
convicted under subdivisions 1 to 2a, paragraph (a), shall be committed to the
commissioner of corrections for not less than four years nor more than 40 years and, in
addition, may be sentenced to payment of a fine of not more than $1,000,000.
deleted text end

deleted text begin (c) deleted text end In a prosecution under subdivision 1 involving sales by the same person in two or
more counties within a 90-day period, the person may be prosecuted for all of the sales in
any county in which one of the sales occurred.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2014, section 152.022, is amended to read:

152.022 CONTROLLED SUBSTANCE CRIME IN THE SECOND DEGREE.

Subdivision 1.

Sale crimes.

A person is guilty of controlled substance crime
in the second degree if:

(1) deleted text begin on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures of a total weight of three grams or more containing cocaine, heroin, or
methamphetamine;
deleted text end

deleted text begin (2) deleted text end on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures of a total weight of ten grams or more containing a narcotic drug deleted text begin other
than cocaine, heroin, or methamphetamine deleted text end ;

deleted text begin (3) deleted text end new text begin (2) new text end on one or more occasions within a 90-day period the person unlawfully sells
one or more mixtures of a total weight of ten grams or more containing amphetamine,
phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units,
equaling 50 or more dosage units;

deleted text begin (4) deleted text end new text begin (3) new text end on one or more occasions within a 90-day period the person unlawfully sells
one or more mixtures of a total weight of 25 kilograms or more containing marijuana or
Tetrahydrocannabinols;

deleted text begin (5) deleted text end new text begin (4) new text end the person unlawfully sells any amount of a Schedule I or II narcotic drug
to a person under the age of 18, or conspires with or employs a person under the age
of 18 to unlawfully sell the substance; or

deleted text begin (6) deleted text end new text begin (5) new text end the person unlawfully sells any of the following in a school zone, a park zone,
a public housing zone, or a drug treatment facility:

(i) any amount of a Schedule I or II narcotic drug, lysergic acid diethylamide (LSD),
3,4-methylenedioxy amphetamine, or 3,4-methylenedioxymethamphetamine;

(ii) one or more mixtures containing methamphetamine or amphetamine; or

(iii) one or more mixtures of a total weight of five kilograms or more containing
marijuana or Tetrahydrocannabinols.

Subd. 2.

Possession crimes.

(a) A person is guilty of controlled substance crime
in the second degree if:

(1) deleted text begin the person unlawfully possesses one or more mixtures of a total weight of six
grams or more containing cocaine, heroin, or methamphetamine;
deleted text end

deleted text begin (2) deleted text end the person unlawfully possesses one or more mixtures of a total weight of 50
grams or more containing a narcotic drug deleted text begin other than cocaine, heroin, or methamphetamine deleted text end ;

deleted text begin (3) deleted text end new text begin (2) new text end the person unlawfully possesses one or more mixtures of a total weight of
50 grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the
controlled substance is packaged in dosage units, equaling 100 or more dosage units; or

deleted text begin (4) deleted text end new text begin (3) new text end the person unlawfully possesses one or more mixtures of a total weight of 50
kilograms or more containing marijuana or Tetrahydrocannabinols.

(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
not be considered in measuring the weight of a mixture except in cases where the mixture
contains four or more fluid ounces of fluid.

new text begin Subd. 2a. new text end

new text begin Methamphetamine manufacture crime. new text end

new text begin Notwithstanding subdivision
1, sections 152.023, subdivision 1, and 152.024, subdivision 1, a person is guilty of a
controlled substance crime in the second degree if the person manufactures a total weight
of less than 50 grams of methamphetamine.
new text end

Subd. 3.

Penalty.

(a) A person convicted under deleted text begin subdivision deleted text end new text begin subdivisions new text end 1 deleted text begin or 2 deleted text end new text begin to
2a new text end may be sentenced to imprisonment for not more than 25 years or to payment of a
fine of not more than $500,000, or both.

(b) deleted text begin If the conviction is a subsequent controlled substance conviction, a person
convicted under subdivision 1 or 2 shall be committed to the commissioner of corrections
for not less than three years nor more than 40 years and, in addition, may be sentenced to
payment of a fine of not more than $500,000.
deleted text end

deleted text begin (c) deleted text end In a prosecution under subdivision 1 involving sales by the same person in two or
more counties within a 90-day period, the person may be prosecuted for all of the sales in
any county in which one of the sales occurred.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2014, section 152.023, is amended to read:

152.023 CONTROLLED SUBSTANCE CRIME IN THE THIRD DEGREE.

Subdivision 1.

Sale crimes.

A person is guilty of controlled substance crime in
the third degree if:

(1) the person unlawfully sells one or more mixtures containing a narcotic drug;

(2) on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures containing phencyclidine or hallucinogen, it is packaged in dosage
units, and equals ten or more dosage units;

(3) the person unlawfully sells one or more mixtures containing a controlled
substance classified in Schedule I, II, or III, except a Schedule I or II narcotic drug, to a
person under the age of 18;

(4) the person conspires with or employs a person under the age of 18 to unlawfully
sell one or more mixtures containing a controlled substance listed in Schedule I, II, or III,
except a Schedule I or II narcotic drug; or

(5) on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures of a total weight of five kilograms or more containing marijuana or
Tetrahydrocannabinols.

Subd. 2.

Possession crimes.

(a) A person is guilty of controlled substance crime in
the third degree if:

(1) deleted text begin on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures of a total weight of three grams or more containing cocaine, heroin,
or methamphetamine;
deleted text end

deleted text begin (2) deleted text end on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures of a total weight of ten grams or more containing a narcotic drug
deleted text begin other than cocaine, heroin, or methamphetamine deleted text end ;

deleted text begin (3) deleted text end new text begin (2) new text end on one or more occasions within a 90-day period the person unlawfully
possesses one or more mixtures containing a narcotic drug, it is packaged in dosage units,
and equals 50 or more dosage units;

deleted text begin (4) deleted text end new text begin (3) new text end on one or more occasions within a 90-day period the person unlawfully
possesses any amount of a schedule I or II narcotic drug or five or more dosage
units of lysergic acid diethylamide (LSD), 3,4-methylenedioxy amphetamine, or
3,4-methylenedioxymethamphetamine in a school zone, a park zone, a public housing
zone, or a drug treatment facility;

deleted text begin (5) deleted text end new text begin (4) new text end on one or more occasions within a 90-day period the person unlawfully
possesses one or more mixtures of a total weight of ten kilograms or more containing
marijuana or Tetrahydrocannabinols; or

deleted text begin (6) deleted text end new text begin (5) new text end the person unlawfully possesses one or more mixtures containing
methamphetamine or amphetamine in a school zone, a park zone, a public housing zone,
or a drug treatment facility.

(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
not be considered in measuring the weight of a mixture except in cases where the mixture
contains four or more fluid ounces of fluid.

Subd. 3.

Penalty.

(a) A person convicted under subdivision 1 or 2 may be sentenced
to imprisonment for not more than 20 years or to payment of a fine of not more than
$250,000, or both.

(b) deleted text begin If the conviction is a subsequent controlled substance conviction, a person
convicted under subdivision 1 or 2 shall be committed to the commissioner of corrections
for not less than two years nor more than 30 years and, in addition, may be sentenced to
payment of a fine of not more than $250,000.
deleted text end

deleted text begin (c) deleted text end In a prosecution under subdivision 1 or 2 involving sales or acts of possession
by the same person in two or more counties within a 90-day period, the person may be
prosecuted in any county in which one of the sales or acts of possession occurred.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2014, section 152.024, subdivision 3, is amended to read:

Subd. 3.

Penalty.

deleted text begin (a) deleted text end A person convicted under subdivision 1 or 2 may be sentenced
to imprisonment for not more than 15 years or to payment of a fine of not more than
$100,000, or both.

deleted text begin (b) If the conviction is a subsequent controlled substance conviction, a person
convicted under subdivision 1 or 2 shall be committed to the commissioner of corrections
or to a local correctional authority for not less than one year nor more than 30 years and,
in addition, may be sentenced to payment of a fine of not more than $100,000.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2014, section 152.025, is amended to read:

152.025 CONTROLLED SUBSTANCE CRIME IN THE FIFTH DEGREE.

Subdivision 1.

Sale crimes.

deleted text begin (a) deleted text end A person is guilty of a controlled substance crime in
the fifth degree and if convicted 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:

(1) the person unlawfully sells one or more mixtures containing marijuana or
tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or

(2) the person unlawfully sells one or more mixtures containing a controlled
substance classified in Schedule IV.

deleted text begin (b) Except as provided in paragraph (c), if a person is guilty of a controlled
substance crime in the fifth degree and the conviction is a subsequent controlled substance
conviction, the person convicted shall be committed to the commissioner of corrections or
to a local correctional authority for not less than six months nor more than ten years and,
in addition, may be sentenced to payment of a fine of not more than $20,000 if:
deleted text end

deleted text begin (1) the person unlawfully sells one or more mixtures containing marijuana or
tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or
deleted text end

deleted text begin (2) the person unlawfully sells one or more mixtures containing a controlled
substance classified in Schedule IV.
deleted text end

deleted text begin (c) Prior to the time of sentencing, the prosecutor may file a motion to have the
person sentenced without regard to the mandatory minimum sentence established by
paragraph (b). The motion must be accompanied by a statement on the record of the
reasons for it. When presented with the motion, or on its own motion, the court may
sentence the person without regard to the mandatory minimum sentence if the court finds,
on the record, substantial and compelling reasons to do so.
deleted text end

Subd. 2.

Possession and other crimes.

deleted text begin (a) deleted text end A person is guilty of controlled
substance crime in the fifth degree and if convicted 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:

(1) the person unlawfully possesses one or more mixtures containing a controlled
substance classified in Schedule I, II, III, or IV, except a small amount of marijuana; or

(2) the person procures, attempts to procure, possesses, or has control over a
controlled substance by any of the following means:

(i) fraud, deceit, misrepresentation, or subterfuge;

(ii) using a false name or giving false credit; or

(iii) falsely assuming the title of, or falsely representing any person to be, a
manufacturer, wholesaler, pharmacist, physician, doctor of osteopathy licensed to practice
medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of
obtaining a controlled substance.

deleted text begin (b) Except as provided in paragraph (c), if a person is guilty of a controlled
substance crime in the fifth degree and the conviction is a subsequent controlled substance
conviction, the person convicted shall be committed to the commissioner of corrections or
to a local correctional authority for not less than six months nor more than ten years and,
in addition, may be sentenced to payment of a fine of not more than $20,000 if:
deleted text end

deleted text begin (1) the person unlawfully possesses one or more mixtures containing a controlled
substance classified in Schedule I, II, III, or IV, except a small amount of marijuana; or
deleted text end

deleted text begin (2) the person procures, attempts to procure, possesses, or has control over a
controlled substance by any of the following means:
deleted text end

deleted text begin (i) fraud, deceit, misrepresentation, or subterfuge;
deleted text end

deleted text begin (ii) using a false name or giving false credit; or
deleted text end

deleted text begin (iii) falsely assuming the title of, or falsely representing any person to be, a
manufacturer, wholesaler, pharmacist, physician, doctor of osteopathy licensed to practice
medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of
obtaining a controlled substance.
deleted text end

deleted text begin (c) Prior to the time of sentencing, the prosecutor may file a motion to have the
person sentenced without regard to the mandatory minimum sentence established by
paragraph (b). The motion must be accompanied by a statement on the record of the
reasons for it. When presented with the motion, or on its own motion, the court may
sentence the person without regard to the mandatory minimum sentence if the court finds,
on the record, substantial and compelling reasons to do so.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2014, section 152.18, subdivision 1, is amended to read:

Subdivision 1.

Deferring prosecution for certain first time drug offenders.

If any
person who has not previously participated in or completed a diversion program authorized
under section 401.065 or who has not previously been placed on probation without a
judgment of guilty and thereafter been discharged from probation under this section is
found guilty of a violation of section 152.024, subdivision 2, 152.025, subdivision 2, or
152.027, subdivision 2, 3, 4, or 6, paragraph (d), for possession of a controlled substance,
after trial or upon a plea of guilty, and the court determines that the violation does not
qualify as a subsequent controlled substance conviction under section 152.01, subdivision
16a, the court deleted text begin may deleted text end new text begin shall new text end , without entering a judgment of guilty and with the consent of the
person, defer further proceedings and place the person on probation upon such reasonable
conditions as it may require and for a period, not to exceed the maximum sentence
provided for the violation. The court may give the person the opportunity to attend and
participate in an appropriate program of education regarding the nature and effects of
alcohol and drug abuse as a stipulation of probation. Upon violation of a condition of the
probation, the court may enter an adjudication of guilt and proceed as otherwise provided.
The court may, in its discretion, dismiss the proceedings against the person and discharge
the person from probation before the expiration of the maximum period prescribed for the
person's probation. If during the period of probation the person does not violate any of the
conditions of the probation, then upon expiration of the period the court shall discharge the
person and dismiss the proceedings against that person. Discharge and dismissal under this
subdivision shall be without court adjudication of guilt, but a not public record of it shall
be retained by the Bureau of Criminal Apprehension for the purpose of use by the courts
in determining the merits of subsequent proceedings against the person. The not public
record may also be opened only upon court order for purposes of a criminal investigation,
prosecution, or sentencing. Upon request by law enforcement, prosecution, or corrections
authorities, the bureau shall notify the requesting party of the existence of the not public
record and the right to seek a court order to open it pursuant to this section. The court shall
forward a record of any discharge and dismissal under this subdivision to the bureau which
shall make and maintain the not public record of it as provided under this subdivision. The
discharge or dismissal shall not be deemed a conviction for purposes of disqualifications
or disabilities imposed by law upon conviction of a crime or for any other purpose.

For purposes of this subdivision, "not public" has the meaning given in section
13.02, subdivision 8a.

Sec. 7.

Minnesota Statutes 2014, section 244.0513, subdivision 2, is amended to read:

Subd. 2.

Conditional release of certain nonviolent controlled substance
offenders.

An offender who has been committed to the commissioner's custody may
petition the commissioner for conditional release from prison before the offender's
scheduled supervised release date or target release date if:

(1) the offender is serving a sentence for violating deleted text begin section 152.021, subdivision 2 or
2a; 152.022, subdivision 2; 152.023, subdivision 2; 152.024, subdivision 2; or 152.025,
subdivision 2 deleted text end new text begin chapter 152 new text end ;

(2) the offender committed the crime as a result of a controlled substance addiction;

(3) the offender has served at least deleted text begin 36 deleted text end new text begin 18 new text end months or one-half of the offender's term of
imprisonment, whichever is less;

(4) the offender successfully completed a chemical dependency treatment program
of the type described in this section while in prison;

(5) the offender has not previously been conditionally released under this section; and

(6) the offender has not within the past deleted text begin ten deleted text end new text begin five new text end years been convicted or adjudicated
delinquent for a violent crime as defined in section 609.1095 other than the current
conviction for the controlled substance offense.

Sec. 8. new text begin APPROPRIATION.
new text end

new text begin (a) $....... for the fiscal year ending June 30, 2016, and $....... for the fiscal year
ending June 30, 2017, are appropriated from the general fund to the commissioner of
corrections. The commissioner shall use this money either directly or through grants for
substance abuse and mental health treatment programs, offender educational programs,
and crime victim services. The commissioner may transfer all or a portion of the money to
other state agencies to be used for the specified purposes.
new text end

new text begin (b) By January 15, 2018, the commissioner shall report to the chairs and ranking
minority members of the senate and house of representatives committees and divisions
having jurisdiction over criminal justice funding on how the appropriated money was
distributed.
new text end

new text begin (c) By January 15, 2017, and January 15 of each subsequent odd-numbered year, the
commissioner of management and budget shall determine the savings to the state realized
in the preceding fiscal biennium due to this bill and add that amount to the base budget of
the Department of Corrections in the governor's proposed budget for the next biennium. If
the legislature appropriates this amount for the next biennium, the money must be used by
the commissioner for the purposes described in paragraph (a).
new text end

Sec. 9. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, section 152.026, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end