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Minnesota Legislature

Office of the Revisor of Statutes

HF 1029

as introduced - 91st Legislature (2019 - 2020) Posted on 02/14/2019 05:24pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to public safety; increasing penalty for repeated offenses by patrons of
prostitutes; amending Minnesota Statutes 2018, section 609.324, subdivisions 3,
4, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2018, section 609.324, subdivision 3, is amended to read:


Subd. 3.

General prostitution crimes; penalties for patrons.

deleted text begin(a)deleted text end Whoever, while acting
as a patron, intentionally does any of the following is guilty of a misdemeanor:

(1) engages in prostitution with an individual 18 years of age or older; or

(2) hires, offers to hire, or agrees to hire an individual 18 years of age or older to engage
in sexual penetration or sexual contact. Except as otherwise provided in subdivision 4, a
person who is convicted of violating this paragraph must, at a minimum, be sentenced to
pay a fine of at least deleted text begin$500deleted text endnew text begin $750new text end.

deleted text begin (b) Whoever violates the provisions of this subdivision within two years of a previous
prostitution conviction for violating this section or section 609.322 is guilty of a gross
misdemeanor. Except as otherwise provided in subdivision 4, a person who is convicted of
violating this paragraph must, at a minimum, be sentenced as follows:
deleted text end

deleted text begin (1) to pay a fine of at least $1,500; and
deleted text end

deleted text begin (2) to serve 20 hours of community work service.
deleted text end

deleted text begin The court may waive the mandatory community work service if it makes specific, written
findings that the community work service is not feasible or appropriate under the
circumstances of the case.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to violations
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2018, section 609.324, is amended by adding a subdivision to
read:


new text begin Subd. 3a. new text end

new text begin Penalties for patrons; repeat offenders. new text end

new text begin Whoever violates the provisions of
subdivision 2 or 3 within ten years of a previous prostitution conviction for violating this
section or section 609.322 is guilty of a felony. Except as otherwise provided in subdivision
4, a person who is convicted of violating this paragraph must, at a minimum, be sentenced
as follows:
new text end

new text begin (1) to pay a fine of at least $3,000; and
new text end

new text begin (2) to serve 100 hours of community work service in addition to any period of
incarceration in a local jail or workhouse imposed as an intermediate sanction.
new text end

new text begin The court may waive the mandatory community work service if it makes specific, written
findings that the community work service is not feasible or appropriate under the
circumstances of the case.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to violations
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2018, section 609.324, subdivision 4, is amended to read:


Subd. 4.

Community service in lieu of minimum fine.

The court may order a person
convicted of violating subdivision 2 deleted text beginordeleted text endnew text begin,new text end 3new text begin, or 3anew text end to perform community work service in lieu
of all or a portion of the minimum fine required under those subdivisions if the court makes
specific, written findings that the convicted person is indigent or that payment of the fine
would create undue hardship for the convicted person or that person's immediate family.
Community work service ordered under this subdivision is in addition to any mandatory
community work service ordered under subdivision deleted text begin3deleted text endnew text begin 3anew text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to violations
committed on or after that date.
new text end