1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to crime; providing additional penalty 1.3 enhancements for certain crimes motivated by bias; 1.4 amending Minnesota Statutes 1998, sections 609.595, 1.5 subdivisions 2 and 3; 609.749, subdivision 3; and 1.6 624.712, subdivision 5; Minnesota Statutes 1999 1.7 Supplement, sections 260B.198, subdivision 7, and by 1.8 adding a subdivision; proposing coding for new law in 1.9 Minnesota Statutes, chapter 609; repealing Minnesota 1.10 Statutes 1998, sections 609.2231, subdivision 4; and 1.11 609.595, subdivision 1a. 1.12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.13 Section 1. Minnesota Statutes 1999 Supplement, section 1.14 260B.198, is amended by adding a subdivision to read: 1.15 Subd. 2a. [BIAS-MOTIVATED OFFENSE.] If the child is 1.16 petitioned for violating section 609.156 and found delinquent 1.17 for that offense, in addition to any other disposition, the 1.18 court shall order that the child: 1.19 (1) receive appropriate education concerning bias-motivated 1.20 offenses and the effect these offenses have on victims and 1.21 society; and 1.22 (2) perform a specified amount of appropriate community 1.23 service. 1.24 Sec. 2. Minnesota Statutes 1999 Supplement, section 1.25 260B.198, subdivision 7, is amended to read: 1.26 Subd. 7. [CONTINUANCE.] (a) When it is in the best 1.27 interests of the child to do so and when the child has admitted 1.28 the allegations contained in the petition before the judge or 2.1 referee, or when a hearing has been held as provided for in 2.2 section 260B.163 and the allegations contained in the petition 2.3 have been duly proven but, in either case, before a finding of 2.4 delinquency has been entered, the court may continue the case 2.5 for a period not to exceed 90 days on any one order. Such a 2.6 continuance may be extended for one additional successive period 2.7 not to exceed 90 days and only after the court has reviewed the 2.8 case and entered its order for an additional continuance without 2.9 a finding of delinquency. During this continuance the court may 2.10 enter an order in accordance with the provisions of subdivision 2.11 1, clause (a) or (b), or enter an order to hold the child in 2.12 detention for a period not to exceed 15 days on any one order 2.13 for the purpose of completing any consideration, or any 2.14 investigation or examination ordered in accordance with the 2.15 provisions of section 260B.157. This subdivision does not apply 2.16 to an extended jurisdiction juvenile proceeding. 2.17 (b) When a court continues a case under paragraph (a) or as 2.18 part of a continuance for dismissal under Minnesota Rules of 2.19 Juvenile Procedure, rule 14, for a child petitioned for 2.20 violating section 609.156, in addition to any other order 2.21 authorized by law, the court shall order that the child: 2.22 (1) receive appropriate education concerning bias-motivated 2.23 offenses and the effect these offenses have on victims and 2.24 society; and 2.25 (2) perform a specified amount of appropriate community 2.26 service. 2.27 Sec. 3. [609.156] [OFFENSES MOTIVATED BY BIAS; PENALTY 2.28 ENHANCEMENTS.] 2.29 Subdivision 1. [DEFINITION.] As used in this section, 2.30 "bias-motivated offense" means any of the following offenses 2.31 when the actor intentionally selects the victim or the property 2.32 against which the offense is committed, in whole or in part, 2.33 because of the victim's, the property owner's, or another's 2.34 actual or perceived race, color, religion, sex, sexual 2.35 orientation, disability as defined in section 363.01, age, or 2.36 national origin: 3.1 (1) section 609.224 (assault in the fifth degree); 3.2 (2) section 609.28 (interfering with religious observance); 3.3 (3) sections 609.5631 and 609.5632 (arson in the fourth and 3.4 fifth degrees); 3.5 (4) section 609.595, subdivision 2 or 3 (damage to 3.6 property); 3.7 (5) section 609.605, subdivision 1 (trespass); 3.8 (6) section 609.669 (civil disorder); 3.9 (7) section 609.71, subdivision 3 (riot third degree); 3.10 (8) section 609.72 (disorderly conduct); 3.11 (9) section 609.74 (public nuisance); 3.12 (10) section 609.749, subdivision 2 (harassment and 3.13 stalking); 3.14 (11) section 609.79 (obscene or harassing telephone calls); 3.15 or 3.16 (12) section 609.795 (harassing letter, telegram, or 3.17 package). 3.18 Subd. 2. [PENALTY ENHANCEMENT.] A person who is convicted 3.19 of a bias-motivated offense shall be sentenced as follows: 3.20 (1) if the underlying offense is punishable as a 3.21 misdemeanor, the person may be sentenced to imprisonment for not 3.22 more than one year or to payment of a fine of not more than 3.23 $3,000, or both; 3.24 (2) if the underlying offense is punishable as a gross 3.25 misdemeanor, the person may be sentenced to imprisonment for not 3.26 more than one year and one day or to payment of a fine of not 3.27 more than $5,000, or both; 3.28 (3) if the underlying offense is a violation of section 3.29 609.749, subdivision 2, the person may be sentenced to 3.30 imprisonment for not more than five years or to payment of a 3.31 fine of not more than $10,000, or both; and 3.32 (4) if the underlying offense is a violation of section 3.33 609.224, the person may be sentenced to imprisonment for not 3.34 more than one year and one day or to payment of a fine of not 3.35 more than $5,000, or both, if the violation occurs within five 3.36 years of a previous conviction for violating subdivision 1, 4.1 clause (1), or Minnesota Statutes 1998, section 609.2231, 4.2 subdivision 4. 4.3 Subd. 3. [COLLECTION OF INFORMATION.] The sentencing 4.4 guidelines commission shall collect information on the number of 4.5 convictions under this section and the sentences imposed for 4.6 those convictions. By January 15, 2001, and each January 15 4.7 thereafter, the commission shall report this information to the 4.8 chairs of the senate and house committees having jurisdiction 4.9 over criminal justice policy. 4.10 Sec. 4. Minnesota Statutes 1998, section 609.595, 4.11 subdivision 2, is amended to read: 4.12 Subd. 2. [CRIMINAL DAMAGE TO PROPERTY IN THE
THIRDSECOND 4.13 DEGREE.] (a) Except as otherwise provided in subdivision 1a,4.14 Whoever intentionally causes damage to another person's physical 4.15 property without the other person's consent may be sentenced to 4.16 imprisonment for not more than one year or to payment of a fine 4.17 of not more than $3,000, or both, if the damage reduces the 4.18 value of the property by more than $250 but not more than $500 4.19 as measured by the cost of repair and replacement. 4.20 (b) Whoever intentionally causes damage to another person's4.21 physical property without the other person's consent because of4.22 the property owner's or another's actual or perceived race,4.23 color, religion, sex, sexual orientation, disability as defined4.24 in section 363.01, age, or national origin may be sentenced to4.25 imprisonment for not more than one year or to payment of a fine4.26 of not more than $3,000, or both, if the damage reduces the4.27 value of the property by not more than $250.4.28 (c)In any prosecution under paragraph (a), the value of 4.29 property damaged by the defendant in violation of that paragraph 4.30 within any six-month period may be aggregated and the defendant 4.31 charged accordingly in applying this section. When two or more 4.32 offenses are committed by the same person in two or more 4.33 counties, the accused may be prosecuted in any county in which 4.34 one of the offenses was committed for all of the offenses 4.35 aggregated under this paragraph. 4.36 Sec. 5. Minnesota Statutes 1998, section 609.595, 5.1 subdivision 3, is amended to read: 5.2 Subd. 3. [CRIMINAL DAMAGE TO PROPERTY IN THE FOURTHTHIRD 5.3 DEGREE.] Whoever intentionally causes damage described in5.4 subdivision 2 under any other circumstancesto another person's 5.5 physical property without the other person's consent is guilty 5.6 of a misdemeanor if the damage reduces the value of the property 5.7 by not more than $250 as measured by the cost of repair and 5.8 replacement. 5.9 Sec. 6. Minnesota Statutes 1998, section 609.749, 5.10 subdivision 3, is amended to read: 5.11 Subd. 3. [AGGRAVATED VIOLATIONS.] A person who commits any 5.12 of the following acts is guilty of a felony: 5.13 (1) commits any offense described in subdivision 2 because5.14 of the victim's or another's actual or perceived race, color,5.15 religion, sex, sexual orientation, disability as defined in5.16 section 363.01, age, or national origin;5.17 (2)commits any offense described in subdivision 2 by 5.18 falsely impersonating another; 5.19 (3)(2) commits any offense described in subdivision 2 and 5.20 possesses a dangerous weapon at the time of the offense; 5.21 (4)(3) engages in harassing conduct, as defined in 5.22 subdivision 1, with intent to influence or otherwise tamper with 5.23 a juror or a judicial proceeding or with intent to retaliate 5.24 against a judicial officer, as defined in section 609.415, or a 5.25 prosecutor, defense attorney, or officer of the court, because 5.26 of that person's performance of official duties in connection 5.27 with a judicial proceeding; or 5.28 (5)(4) commits any offense described in subdivision 2 5.29 against a victim under the age of 18, if the actor is more than 5.30 36 months older than the victim. 5.31 Sec. 7. Minnesota Statutes 1998, section 624.712, 5.32 subdivision 5, is amended to read: 5.33 Subd. 5. [CRIME OF VIOLENCE.] "Crime of violence" includes 5.34 murder in the first, second, and third degrees, manslaughter in 5.35 the first and second degrees, aiding suicide, aiding attempted 5.36 suicide, felony violations of assault in the first, second, 6.1 third, and fourth degrees, assaults motivated by bias under 6.2 section 609.2231, subdivision 4, or 609.156, drive-by shootings, 6.3 terroristic threats, use of drugs to injure or to facilitate 6.4 crime, crimes committed for the benefit of a gang, commission of 6.5 a crime while wearing or possessing a bullet-resistant vest, 6.6 simple robbery, aggravated robbery, kidnapping, false 6.7 imprisonment, criminal sexual conduct in the first, second, 6.8 third, and fourth degrees, theft of a firearm, felony theft 6.9 involving the intentional taking or driving of a motor vehicle 6.10 without the consent of the owner or the authorized agent of the 6.11 owner, felony theft involving the taking of property from a 6.12 burning, abandoned, or vacant building, or from an area of 6.13 destruction caused by civil disaster, riot, bombing, or the 6.14 proximity of battle, felony theft involving the theft of a 6.15 controlled substance, an explosive, or an incendiary device, 6.16 arson in the first and second degrees, riot, burglary in the 6.17 first, second, third, and fourth degrees, harassment and 6.18 stalking, shooting at a public transit vehicle or facility, 6.19 reckless use of a gun or dangerous weapon, intentionally 6.20 pointing a gun at or towards a human being, setting a spring 6.21 gun, and unlawfully owning, possessing, operating a machine gun 6.22 or short-barreled shotgun, and an attempt to commit any of these 6.23 offenses, as each of those offenses is defined in chapter 609. 6.24 "Crime of violence" also includes felony violations of the 6.25 following: malicious punishment of a child; neglect or 6.26 endangerment of a child; and chapter 152. 6.27 Sec. 8. [REPEALER.] 6.28 Minnesota Statutes 1998, sections 609.2231, subdivision 4; 6.29 and 609.595, subdivision 1a, are repealed. 6.30 Sec. 9. [EFFECTIVE DATE.] 6.31 Sections 1 to 8 are effective August 1, 2000, and apply to 6.32 crimes and acts committed on or after that date.