HF 1342

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to criminal justice; requiring the collection 
  1.3             and study of certain types of prostitution and 
  1.4             requiring a report; requiring a report on the use of 
  1.5             money collected from penalty assessments imposed 
  1.6             against individuals committing certain prostitution 
  1.7             crimes; clarifying headnotes; providing that the 
  1.8             penalty assessments be appropriated to the 
  1.9             commissioner of public safety; amending Minnesota 
  1.10            Statutes 2002, sections 609.324; 609.3241. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 2002, section 609.324, is 
  1.13  amended to read: 
  1.14     609.324 [OTHER PROHIBITED ACTS OTHER PROSTITUTION CRIMES; 
  1.15  PATRONS, PROSTITUTES, AND INDIVIDUALS HOUSING INDIVIDUALS 
  1.16  ENGAGED IN PROSTITUTION; PENALTIES.] 
  1.17     Subdivision 1.  [CRIME DEFINED ENGAGING IN, HIRING, OR 
  1.18  AGREEING TO HIRE A MINOR TO ENGAGE IN PROSTITUTION; PENALTIES.] 
  1.19  (a) Whoever intentionally does any of the following may be 
  1.20  sentenced to imprisonment for not more than 20 years or to 
  1.21  payment of a fine of not more than $40,000, or both: 
  1.22     (1) engages in prostitution with an individual under the 
  1.23  age of 13 years; or 
  1.24     (2) hires or offers or agrees to hire an individual under 
  1.25  the age of 13 years to engage in sexual penetration or sexual 
  1.26  contact.  
  1.27     (b) Whoever intentionally does any of the following may be 
  1.28  sentenced to imprisonment for not more than ten years or to 
  2.1   payment of a fine of not more than $20,000, or both:  
  2.2      (1) engages in prostitution with an individual under the 
  2.3   age of 16 years but at least 13 years; or 
  2.4      (2) hires or offers or agrees to hire an individual under 
  2.5   the age of 16 years but at least 13 years to engage in sexual 
  2.6   penetration or sexual contact.  
  2.7      (c) Whoever intentionally does any of the following may be 
  2.8   sentenced to imprisonment for not more than five years or to 
  2.9   payment of a fine of not more than $10,000, or both:  
  2.10     (1) engages in prostitution with an individual under the 
  2.11  age of 18 years but at least 16 years; or 
  2.12     (2) hires or offers or agrees to hire an individual under 
  2.13  the age of 18 years but at least 16 years to engage in sexual 
  2.14  penetration or sexual contact. 
  2.15     Subd. 1a.  [HOUSING AN UNRELATED MINOR ENGAGED IN 
  2.16  PROSTITUTION; PENALTIES.] Any person, other than one related by 
  2.17  blood, adoption, or marriage to the minor, who permits a minor 
  2.18  to reside, temporarily or permanently, in the person's dwelling 
  2.19  without the consent of the minor's parents or guardian, knowing 
  2.20  or having reason to know that the minor is engaging in 
  2.21  prostitution may be sentenced to imprisonment for not more than 
  2.22  one year or to payment of a fine of not more than $3,000, or 
  2.23  both; except that, this subdivision does not apply to 
  2.24  residential placements made, sanctioned, or supervised by a 
  2.25  public or private social service agency. 
  2.26     Subd. 2.  [SOLICITATION IN PUBLIC PLACE OR ACCEPTANCE OF 
  2.27  SOLICITATION TO ENGAGE IN PROSTITUTION; PENALTY.] Whoever 
  2.28  solicits or accepts a solicitation to engage for hire in sexual 
  2.29  penetration or sexual contact while in a public place may be 
  2.30  sentenced to imprisonment for not more than one year or to 
  2.31  payment of a fine of not more than $3,000 or both.  Except as 
  2.32  otherwise provided in subdivision 4, a person who is convicted 
  2.33  of violating this subdivision while acting as a patron must, at 
  2.34  a minimum, be sentenced to pay a fine of at least $1,500. 
  2.35     Subd. 3.  [HIRE TO ENGAGE ENGAGING IN, HIRING, OR AGREEING 
  2.36  TO HIRE AN ADULT TO ENGAGE IN PROSTITUTION; PENALTIES.] Whoever 
  3.1   intentionally does any of the following may be sentenced to 
  3.2   imprisonment for not more than 90 days or to payment of a fine 
  3.3   of not more than $700, or both:  
  3.4      (1) engages in prostitution with an individual 18 years of 
  3.5   age or above; or 
  3.6      (2) hires or offers or agrees to hire an individual 18 
  3.7   years of age or above to engage in sexual penetration or sexual 
  3.8   contact.  Except as otherwise provided in subdivision 4, a 
  3.9   person who is convicted of violating clause (1) or (2) while 
  3.10  acting as a patron must, at a minimum, be sentenced to pay a 
  3.11  fine of at least $500. 
  3.12     Whoever violates the provisions of this subdivision within 
  3.13  two years of a previous conviction may be sentenced to 
  3.14  imprisonment for not more than one year or to payment of a fine 
  3.15  of not more than $3,000, or both.  Except as otherwise provided 
  3.16  in subdivision 4, a person who is convicted of a gross 
  3.17  misdemeanor violation of this subdivision while acting as a 
  3.18  patron, must, at a minimum, be sentenced as follows:  
  3.19     (1) to pay a fine of at least $1,500; and 
  3.20     (2) to serve 20 hours of community work service. 
  3.21     The court may waive the mandatory community work service if 
  3.22  it makes specific, written findings that the community work 
  3.23  service is not feasible or appropriate under the circumstances 
  3.24  of the case. 
  3.25     Subd. 4.  [COMMUNITY SERVICE IN LIEU OF MINIMUM FINE.] The 
  3.26  court may order a person convicted of violating subdivision 2 or 
  3.27  3 to perform community work service in lieu of all or a portion 
  3.28  of the minimum fine required under those subdivisions if the 
  3.29  court makes specific, written findings that the convicted person 
  3.30  is indigent or that payment of the fine would create undue 
  3.31  hardship for the convicted person or that person's immediate 
  3.32  family.  Community work service ordered under this subdivision 
  3.33  is in addition to any mandatory community work service ordered 
  3.34  under subdivision 3. 
  3.35     Subd. 5.  [USE OF MOTOR VEHICLE TO PATRONIZE PROSTITUTES; 
  3.36  DRIVING RECORD NOTATION.] When a court sentences a person 
  4.1   convicted of violating this section while acting as a patron, 
  4.2   the court shall determine whether the person used a motor 
  4.3   vehicle during the commission of the offense.  If the court 
  4.4   finds that the person used a motor vehicle during the commission 
  4.5   of the offense, it shall forward its finding to the commissioner 
  4.6   of public safety who shall record the finding on the person's 
  4.7   driving record.  The finding is classified as private data on 
  4.8   individuals, as defined in section 13.02, subdivision 12. 
  4.9      [EFFECTIVE DATE.] This section is effective August 1, 2003. 
  4.10     Sec. 2.  Minnesota Statutes 2002, section 609.3241, is 
  4.11  amended to read: 
  4.12     609.3241 [PENALTY ASSESSMENT AUTHORIZED.] 
  4.13     When a court sentences an adult convicted of violating 
  4.14  section 609.322 or 609.324, while acting other than as a 
  4.15  prostitute, the court shall impose an assessment of not less 
  4.16  than $250 and not more than $500 for a violation of section 
  4.17  609.324, subdivision 2, or a misdemeanor violation of section 
  4.18  609.324, subdivision 3; otherwise the court shall impose an 
  4.19  assessment of not less than $500 and not more than $1,000.  The 
  4.20  mandatory minimum portion of the assessment is to be used for 
  4.21  the purposes described in section 626.558, subdivision 2a, and 
  4.22  is in addition to the surcharge required by section 357.021, 
  4.23  subdivision 6.  Any portion of the assessment imposed in excess 
  4.24  of the mandatory minimum amount shall be forwarded to the 
  4.25  general fund and is appropriated annually to the commissioner of 
  4.26  corrections public safety.  The commissioner, with the 
  4.27  assistance of the general crime victims advisory council, shall 
  4.28  use money received under this section for grants to agencies 
  4.29  that provide assistance to individuals who have stopped or wish 
  4.30  to stop engaging in prostitution.  Grant money may be used to 
  4.31  provide these individuals with medical care, child care, 
  4.32  temporary housing, and educational expenses. 
  4.33     [EFFECTIVE DATE.] This section is effective the day 
  4.34  following final enactment.  
  4.35     Sec. 3.  [COLLECTION OF INFORMATION AND STUDY ON CERTAIN 
  4.36  PROSTITUTION CASES; REPORT.] 
  5.1      Subdivision 1.  [DEFINITIONS.] (a) The following terms have 
  5.2   the meanings given them. 
  5.3      (b) "Intermediate sanctions" has the meaning given in 
  5.4   Minnesota Statutes, section 609.135, subdivision 1, paragraph 
  5.5   (b). 
  5.6      (c) "Patron" has the meaning given in Minnesota Statutes, 
  5.7   section 609.321, subdivision 4. 
  5.8      (d) "Promotes the prostitution of an individual" has the 
  5.9   meaning given in Minnesota Statutes, section 609.321, 
  5.10  subdivision 7. 
  5.11     (e) "Prostitute" has the meaning given in Minnesota 
  5.12  Statutes, section 609.321, subdivision 8. 
  5.13     (f) "Prostitution crime" means a violation of Minnesota 
  5.14  Statutes, section 609.322 or 609.324. 
  5.15     Subd. 2.  [COLLECTION OF INFORMATION.] (a) The following 
  5.16  attorneys or their designees and the following law enforcement 
  5.17  representatives or their designees shall oversee the collection 
  5.18  of information on the investigation and prosecution of 
  5.19  prostitution crimes committed within the jurisdiction of each 
  5.20  individual's office, commencing July 1, 2003, and ending June 
  5.21  30, 2004: 
  5.22     (1) the Hennepin county attorney; 
  5.23     (2) the Minneapolis city attorney; 
  5.24     (3) the Ramsey county attorney; 
  5.25     (4) the St. Paul city attorney; 
  5.26     (5) the Hennepin county sheriff; 
  5.27     (6) the chief of police of the Minneapolis police 
  5.28  department; 
  5.29     (7) the Ramsey county sheriff; and 
  5.30     (8) the chief of police of the St. Paul police department. 
  5.31     (b) The information collected under paragraph (a) must 
  5.32  include: 
  5.33     (1) information on the neighborhood and city where the 
  5.34  offense was committed or allegedly committed and information on 
  5.35  the neighborhood and city where the offender or alleged offender 
  5.36  resides; 
  6.1      (2) the number of calls to law enforcement and the number 
  6.2   of complaints made directly to law enforcement regarding alleged 
  6.3   prostitution crimes; 
  6.4      (3) the number of arrests made for prostitution crimes and 
  6.5   a breakdown of the age, race, and gender of the individuals 
  6.6   arrested; 
  6.7      (4) the number of citations, tab charges, and complaints 
  6.8   issued for prostitution crimes; 
  6.9      (5) the types of charges filed in each case, if any, 
  6.10  including whether the person was acting as a patron, prostitute, 
  6.11  or promoting the prostitution of an individual; and 
  6.12     (6) the disposition of each case in which prosecution was 
  6.13  commenced, including the amount of any fine or penalty 
  6.14  assessment imposed; the incarceration imposed on the offender, 
  6.15  if any; the intermediate sanctions, if relevant, or conditions 
  6.16  of probation imposed on the offender, if any; and whether the 
  6.17  offender was referred to a restorative justice program, 
  6.18  diversion program, or alternative sentencing program. 
  6.19     Subd. 3.  [PREPARATION OF SUMMARY AND REPORT.] The law 
  6.20  enforcement authorities specified in subdivision 2, paragraph 
  6.21  (a), shall provide the information required by subdivision 2, 
  6.22  paragraph (b), to the prosecuting authorities in their 
  6.23  jurisdictions by August 15, 2004.  The prosecuting authorities 
  6.24  specified in subdivision 2, paragraph (a), shall cooperate in 
  6.25  preparing a summary of the information collected under 
  6.26  subdivision 2, paragraph (b), and in preparing a report for the 
  6.27  chairs and ranking minority leaders of the house and senate 
  6.28  committees and divisions with jurisdiction over criminal justice 
  6.29  policy and funding.  The report shall be provided to the 
  6.30  legislature and filed in the legislative reference library no 
  6.31  later than December 15, 2004. 
  6.32     [EFFECTIVE DATE.] This section is effective the day 
  6.33  following final enactment.  
  6.34     Sec. 4.  [REPORTS ON PENALTY ASSESSMENTS FOR PROSTITUTION 
  6.35  CRIMES.] 
  6.36     Subdivision 1.  [COMMISSIONER OF PUBLIC SAFETY; REPORT.] (a)
  7.1   By December 15, 2003, the commissioner of public safety shall 
  7.2   submit a report to the chairs and ranking minority leaders of 
  7.3   the house and senate committees and divisions with jurisdiction 
  7.4   over criminal justice policy and funding on the amount of money 
  7.5   appropriated to the commissioner of public safety under 
  7.6   Minnesota Statutes, section 609.3241, since the beginning of 
  7.7   fiscal year 1998.  In preparing this report, the commissioner of 
  7.8   public safety shall determine whether any penalty assessments 
  7.9   were appropriated to the commissioner of corrections during this 
  7.10  time and, if so, how much was appropriated.  The commissioner of 
  7.11  corrections shall cooperate with the commissioner of public 
  7.12  safety in providing this information.  The report also shall 
  7.13  contain information on the use of money appropriated during this 
  7.14  time period, including, but not limited to, the ways in which 
  7.15  the money has been used to assist individuals who have stopped 
  7.16  or wish to stop engaging in prostitution.  The report shall be 
  7.17  filed with the legislative reference library no later than 
  7.18  December 15, 2003. 
  7.19     Subd. 2.  [SUPREME COURT; REPORT.] By December 15, 2003, 
  7.20  the supreme court is requested to report to the chairs and 
  7.21  ranking minority leaders of the house and senate committees and 
  7.22  divisions with jurisdiction over criminal justice policy and 
  7.23  funding concerning the use of money collected since the 
  7.24  beginning of fiscal year 1998 from penalty assessments under 
  7.25  Minnesota Statutes, section 609.3241, and use for the purposes 
  7.26  described in Minnesota Statutes, section 626.558, subdivision 
  7.27  2a.  The report is requested to be filed with the legislative 
  7.28  reference library no later than December 15, 2003. 
  7.29     [EFFECTIVE DATE.] This section is effective the day 
  7.30  following final enactment.