HF 1462

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crime; expanding the scope of fourth 
  1.3             degree assault to include the infliction of any amount 
  1.4             of bodily harm on a correctional facility employee; 
  1.5             requiring state prison inmates who are convicted of 
  1.6             fourth degree assault to serve the sentence for the 
  1.7             assault consecutively to their current sentence; 
  1.8             amending Minnesota Statutes 1996, section 609.2231, 
  1.9             subdivision 3. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1996, section 609.2231, 
  1.12  subdivision 3, is amended to read: 
  1.13     Subd. 3.  [CORRECTIONAL EMPLOYEES.] (a) Whoever assaults an 
  1.14  employee of a correctional facility as defined in section 
  1.15  241.021, subdivision 1, clause (5), while the employee is 
  1.16  engaged in the performance of a duty imposed by law, policy or 
  1.17  rule, and inflicts demonstrable bodily harm, is guilty of a 
  1.18  felony and may be sentenced to imprisonment for not more than 
  1.19  two years or to payment of a fine of not more than $4,000, or 
  1.20  both.  
  1.21     (b) If an inmate of a state correctional facility is 
  1.22  convicted of violating this subdivision while confined in the 
  1.23  facility, the sentence imposed for the assault shall be executed 
  1.24  and run consecutively to any unexpired portion of the inmate's 
  1.25  earlier sentence. 
  1.26     Sec. 2.  [EFFECTIVE DATE.] 
  1.27     Section 1 is effective August 1, 1997, and applies to 
  2.1   crimes committed on or after that date.