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Minnesota Legislature

Office of the Revisor of Statutes

HF 1226

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 05/16/2014 06:17pm

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

Current Version - 2nd Engrossment

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A bill for an act
relating to public safety; providing enhanced penalties for causing the death of
a prosecuting attorney or judge or assaulting a prosecuting attorney or judge;
amending Minnesota Statutes 2012, sections 609.185; 609.221, subdivision 2;
609.2231, subdivision 3.

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

Section 1.

Minnesota Statutes 2012, section 609.185, is amended to read:


609.185 MURDER IN THE FIRST DEGREE.

(a) Whoever does any of the following is guilty of murder in the first degree and
shall be sentenced to imprisonment for life:

(1) causes the death of a human being with premeditation and with intent to effect
the death of the person or of another;

(2) causes the death of a human being while committing or attempting to commit
criminal sexual conduct in the first or second degree with force or violence, either upon or
affecting the person or another;

(3) causes the death of a human being with intent to effect the death of the person
or another, while committing or attempting to commit burglary, aggravated robbery,
kidnapping, arson in the first or second degree, a drive-by shooting, tampering with a
witness in the first degree, escape from custody, or any felony violation of chapter 152
involving the unlawful sale of a controlled substance;

(4) causes the death of a peace officernew text begin, prosecuting attorney, judge, new text end or a guard
employed at a Minnesota state or local correctional facility, with intent to effect the
death of that person or another, while the deleted text beginpeace officer or guarddeleted text endnew text begin personnew text end is engaged in
the performance of official duties;

(5) causes the death of a minor while committing child abuse, when the perpetrator
has engaged in a past pattern of child abuse upon a child and the death occurs under
circumstances manifesting an extreme indifference to human life;

(6) causes the death of a human being while committing domestic abuse, when
the perpetrator has engaged in a past pattern of domestic abuse upon the victim or
upon another family or household member and the death occurs under circumstances
manifesting an extreme indifference to human life; or

(7) causes the death of a human being while committing, conspiring to commit, or
attempting to commit a felony crime to further terrorism and the death occurs under
circumstances manifesting an extreme indifference to human life.

new text begin (b) For the purposes of paragraph (a), clause (4), "prosecuting attorney" has the
meaning given in section 609.221, subdivision 2, paragraph (c), clause (4).
new text end

new text begin (c) For the purposes of paragraph (a), clause (4), "judge" has the meaning given in
section 609.221, subdivision 2, paragraph (c), clause (5).
new text end

deleted text begin (b)deleted text endnew text begin (d)new text end For purposes of paragraph (a), clause (5), "child abuse" means an act
committed against a minor victim that constitutes a violation of the following laws of this
state or any similar laws of the United States or any other state: section 609.221; 609.222;
609.223; 609.224; 609.2242; 609.342; 609.343; 609.344; 609.345; 609.377; 609.378; or
609.713.

deleted text begin (c)deleted text endnew text begin (e)new text end For purposes of paragraph (a), clause (6), "domestic abuse" means an act that:

(1) constitutes a violation of section 609.221, 609.222, 609.223, 609.224, 609.2242,
609.342, 609.343, 609.344, 609.345, 609.713, or any similar laws of the United States or
any other state; and

(2) is committed against the victim who is a family or household member as defined
in section 518B.01, subdivision 2, paragraph (b).

deleted text begin (d)deleted text endnew text begin (f)new text end For purposes of paragraph (a), clause (7), "further terrorism" has the meaning
given in section 609.714, subdivision 1.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2012, section 609.221, subdivision 2, is amended to read:


Subd. 2.

Use of deadly force against peace officernew text begin, prosecuting attorney, judge,
new text end or correctional employee.

(a) Whoever assaults a peace officernew text begin, prosecuting attorney,
judge,
new text end or correctional employee by using or attempting to use deadly force against the
officernew text begin, attorney, judge,new text end or employee while the deleted text beginofficer or employeedeleted text endnew text begin personnew text end is engaged in the
performance of a duty imposed by law, policy, or rule may be sentenced to imprisonment
for not more than 20 years or to payment of a fine of not more than $30,000, or both.

(b) A person convicted of assaulting a peace officernew text begin, prosecuting attorney, judge,
new text end or correctional employee as described in paragraph (a) shall be committed to the
commissioner of corrections for not less than ten years, nor more than 20 years. A
defendant convicted and sentenced as required by this paragraph is not eligible for
probation, parole, discharge, work release, or supervised release, until that person has
served the full term of imprisonment as provided by law, notwithstanding the provisions
of sections 241.26, 242.19, 243.05, 244.04, 609.12, and 609.135. Notwithstanding section
609.135, the court may not stay the imposition or execution of this sentence.

(c) As used in this subdivision:

(1) "correctional employee" means an employee of a public or private prison, jail,
or workhouse;

(2) "deadly force" has the meaning given in section 609.066, subdivision 1; deleted text beginand
deleted text end

(3) "peace officer" has the meaning given in section 626.84, subdivision 1new text begin;
new text end

new text begin (4) "prosecuting attorney" means an attorney, with criminal prosecution or civil
responsibilities, who is the attorney general, a political subdivision's elected or appointed
county or city attorney, or a deputy, assistant, or special assistant of any of these; and
new text end

new text begin (5) "judge" means a judge or justice of any court of this state that is established
by the Minnesota Constitution
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2012, section 609.2231, subdivision 3, is amended to read:


Subd. 3.

Correctional employees; new text beginprosecuting attorneys; judges; new text endprobation
officers.

Whoever commits either of the following acts against an employee of a
correctional facility as defined in section 241.021, subdivision 1, paragraph (f), new text beginagainst a
prosecuting attorney as defined in section 609.221, subdivision 2, paragraph (c), clause
(4), against a judge as defined in section 609.221, subdivision 2, paragraph (c), clause (5),
new text endor against a probation officer or other qualified person employed in supervising offenders
while the deleted text beginemployee, officer, ordeleted text end person is engaged in the performance of a duty imposed by
law, policy, or rule 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:

(1) assaults the deleted text beginemployeedeleted text endnew text begin personnew text end and inflicts demonstrable bodily harm; or

(2) intentionally throws or otherwise transfers bodily fluids or feces at or onto the
deleted text beginemployeedeleted text endnew text begin personnew text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and applies to crimes
committed on or after that date.
new text end