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HF 1213

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

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

Engrossments
Introduction Posted on 02/21/2007

Current Version - as introduced

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A bill for an act
 relating to public safety; expanding drug free and prostitution free zones;
appropriating money for pilot projects in Minneapolis and St. Paul; amending
Minnesota Statutes 2006, sections 152.01, by adding subdivisions; 152.021,
subdivision 1; 152.022, subdivision 1; 152.023, subdivision 2; 152.024,
subdivision 1; 609.3242.

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

Section 1.

Minnesota Statutes 2006, section 152.01, is amended by adding a
subdivision to read:


new text begin Subd. 23. new text end

new text begin Child care center zone. new text end

new text begin "Child care center zone" has the meaning given
in Minnesota Rules, part 9503.0005, subpart 5, and includes the area within 300 feet of the
center's property, or one city block, whichever distance is greater.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
 new text end

Sec. 2.

Minnesota Statutes 2006, section 152.01, is amended by adding a subdivision
to read:


new text begin Subd. 24. new text end

new text begin Crisis nursery zone. new text end

new text begin "Crisis nursery zone" means a center that offers
temporary care for children who are abused or neglected, and those children at high risk
of abuse or neglect, and includes the area within 300 feet of the center's property, or one
city block, whichever distance is greater.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
 new text end

Sec. 3.

Minnesota Statutes 2006, section 152.01, is amended by adding a subdivision
to read:


new text begin Subd. 25. new text end

new text begin Public transit stop zone. new text end

new text begin "Public transit stop zone" means a designated
area where passengers board or disembark public transit services as defined in section
174.22, subdivision 7, and includes the area within 300 feet of the stop, or one city block,
whichever distance is greater.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
 new text end

Sec. 4.

Minnesota Statutes 2006, section 152.021, subdivision 1, is amended to read:


Subdivision 1.

Sale crimes.

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

(1) 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;

(2) 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 other
than cocaine, heroin, or methamphetamine;

(3) 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

(4) 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, new text begin a child care center zone, a crisis nursery zone, a public transit stop zone, new text end or
a drug treatment facility.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
 new text end

Sec. 5.

Minnesota Statutes 2006, section 152.022, subdivision 1, is amended to read:


Subdivision 1.

Sale crimes.

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

(1) 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;

(2) 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 other
than cocaine, heroin, or methamphetamine;

(3) 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;

(4) 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;

(5) 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

(6) the person unlawfully sells any of the following in a school zone, a park zone, a
public housing zone, new text begin a child care center zone, a crisis nursery zone, a public transit stop
zone, new text end 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
 new text end

Sec. 6.

Minnesota Statutes 2006, section 152.023, subdivision 2, is amended to read:


Subd. 2.

Possession crimes.

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

(1) 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;

(2) 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
other than cocaine, heroin, or methamphetamine;

(3) 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;

(4) 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,new text begin a child care center zone, a crisis nursery zone, a public transit stop zone,new text end or a drug
treatment facility;

(5) 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

(6) the person unlawfully possesses one or more mixtures containing
methamphetamine or amphetamine in a school zone, a park zone, a public housing
zone,new text begin a child care center zone, a crisis nursery zone, a public transit stop zone,new text end or a drug
treatment facility.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
 new text end

Sec. 7.

Minnesota Statutes 2006, section 152.024, subdivision 1, is amended to read:


Subdivision 1.

Sale crimes.

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

(1) the person unlawfully sells one or more mixtures containing a controlled
substance classified in schedule I, II, or III, except marijuana or Tetrahydrocannabinols;

(2) the person unlawfully sells one or more mixtures containing a controlled
substance classified in schedule IV or V to a person under the age of 18;

(3) the person conspires with or employs a person under the age of 18 to unlawfully
sell a controlled substance classified in schedule IV or V; or

(4) the person unlawfully sells any amount of marijuana or Tetrahydrocannabinols
in a school zone, a park zone, a public housing zone, new text begin a child care center zone, a crisis
nursery zone, a public transit stop zone, new text end or a drug treatment facility, except a small amount
for no remuneration.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
 new text end

Sec. 8.

Minnesota Statutes 2006, section 609.3242, is amended to read:


609.3242 PROSTITUTION CRIMES COMMITTED IN SCHOOL deleted text begin ORdeleted text end new text begin ,new text end PARKnew text begin ,
CHILD CARE CENTER, OR BUS new text end ZONES; INCREASED PENALTIES.

Subdivision 1.

Definitions.

As used in this section:

(1) "park zone" has the meaning given in section 152.01, subdivision 12a; deleted text begin anddeleted text end

(2) "school zone" has the meaning given in section 152.01, subdivision 14a, and
also includes school bus stops established by a school board under section 123B.88, while
school children are waiting for the busdeleted text begin .deleted text end new text begin ;new text end

new text begin (3) "child care center zone" has the meaning given in section 152.01, subdivision 23;
 new text end

new text begin (4) "crisis nursery zone" has the meaning given in section 152.01, subdivision 24; and
 new text end

new text begin (5) "public transit stop zone" has the meaning given in section 152.01, subdivision
25.
 new text end

Subd. 2.

Increased penalties.

Any person who commits a violation of section
609.324 while acting other than as a prostitute while in a school deleted text begin ordeleted text end new text begin zone,new text end park zonenew text begin ,
child care center zone, crisis nursery zone, or public transit stop zone new text end may be sentenced
as follows:

(1) if the crime committed is a felony, the statutory maximum for the crime is three
years longer than the statutory maximum for the underlying crime;

(2) if the crime committed is a gross misdemeanor, the person is guilty of a felony
and may be sentenced to imprisonment for not more than two years or to payment of a
fine of not more than $4,000, or both; and

(3) if the crime committed is a misdemeanor, the person is guilty of a gross
misdemeanor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
 new text end

Sec. 9. new text begin MINNEAPOLIS AND ST. PAUL DRUG FREE AND PROSTITUTION
FREE ZONES; PILOT PROJECT.
new text end

new text begin (a) $....... in fiscal year 2008 and $....... in fiscal year 2009 are appropriated from
the general fund to the commissioner of public safety to disburse grants to the cities of
Minneapolis and St. Paul for drug free and prostitution free zone pilot projects. Sixty
percent of the grant shall be distributed to the city of Minneapolis and 40 percent of the
grant shall be distributed to the city of St. Paul. The cities shall identify geographic areas
with the highest crime rates for controlled substance crimes and prostitution crimes and
designate some or all of those areas for the pilot project.
new text end

new text begin (b) The grant money shall be used by the cities to:
new text end

new text begin (1) purchase special purpose signs that indicate that the designated area is a drug free
and prostitution free zone as defined in sections 152.01 to 152.024 and section 609.3242;
new text end

new text begin (2) increase law enforcement in the designated areas;
new text end

new text begin (3) collect data on the number of arrests and convictions for controlled substance
crimes and prostitution crimes in the designated areas immediately before and during
the pilot project; and
new text end

new text begin (4) analyze the effectiveness of the pilot project.
new text end

new text begin (c) By February 1, 2010, the cities shall report to the chairs and ranking minority
members of the senate and house of representatives committees having jurisdiction over
criminal justice funding and policy on the results of the pilot projects in their respective
areas.
 new text end