HF 1519

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; requiring submission of 
  1.3             DNA evidence by offenders convicted of felony-level 
  1.4             fifth degree criminal sexual conduct; clarifying and 
  1.5             increasing the penalty for fleeing a peace officer 
  1.6             when the commission of the crime results in death; 
  1.7             expanding the crime of aiding an offender; allowing 
  1.8             use of subsequent domestic abuse conduct as evidence 
  1.9             in domestic abuse cases; amending Minnesota Statutes 
  1.10            2000, sections 609.117; 609.487, subdivision 4; 
  1.11            609.495, subdivisions 1 and 3; and 634.20. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 2000, section 609.117, is 
  1.14  amended to read: 
  1.15     609.117 [DNA ANALYSIS OF CERTAIN SEX OFFENDERS REQUIRED.] 
  1.16     Subdivision 1.  [UPON SENTENCING.] The court shall order an 
  1.17  offender to provide a biological specimen for the purpose of DNA 
  1.18  analysis as defined in section 299C.155 when: 
  1.19     (1) the court sentences a person charged with violating or 
  1.20  attempting to violate any of the following, and the person is 
  1.21  convicted of that offense or of any offense arising out of the 
  1.22  same set of circumstances: 
  1.23     (i) murder under section 609.185, 609.19, or 609.195; 
  1.24     (ii) manslaughter under section 609.20 or 609.205; 
  1.25     (iii) assault under section 609.221, 609.222, or 609.223; 
  1.26     (iv) robbery under section 609.24 or aggravated robbery 
  1.27  under section 609.245; 
  1.28     (v) kidnapping under section 609.25; 
  2.1      (vi) false imprisonment under section 609.255; 
  2.2      (vii) criminal sexual conduct under section 609.342, 
  2.3   609.343, 609.344, or 609.345, or 609.3451, subdivision 3; 
  2.4      (viii) incest under section 609.365; 
  2.5      (ix) burglary under section 609.582, subdivision 1; or 
  2.6      (x) indecent exposure under section 617.23, subdivision 3, 
  2.7   clause (2); 
  2.8      (2) the court sentences a person as a patterned sex 
  2.9   offender under section 609.108; or 
  2.10     (3) the juvenile court adjudicates a person a delinquent 
  2.11  child who is the subject of a delinquency petition for violating 
  2.12  or attempting to violate any of the following, and the 
  2.13  delinquency adjudication is based on a violation of one of those 
  2.14  sections or of any offense arising out of the same set of 
  2.15  circumstances: 
  2.16     (i) murder under section 609.185, 609.19, or 609.195; 
  2.17     (ii) manslaughter under section 609.20 or 609.205; 
  2.18     (iii) assault under section 609.221, 609.222, or 609.223; 
  2.19     (iv) robbery under section 609.24 or aggravated robbery 
  2.20  under section 609.245; 
  2.21     (v) kidnapping under section 609.25; 
  2.22     (vi) false imprisonment under section 609.255; 
  2.23     (vii) criminal sexual conduct under section 609.342, 
  2.24  609.343, 609.344, or 609.345, or 609.3451, subdivision 3; 
  2.25     (viii) incest under section 609.365; 
  2.26     (ix) burglary under section 609.582, subdivision 1; or 
  2.27     (x) indecent exposure under section 617.23, subdivision 3, 
  2.28  clause (2). 
  2.29  The biological specimen or the results of the analysis shall be 
  2.30  maintained by the bureau of criminal apprehension as provided in 
  2.31  section 299C.155. 
  2.32     Subd. 2.  [BEFORE RELEASE.] The commissioner of corrections 
  2.33  or local corrections authority shall order a person to provide a 
  2.34  biological specimen for the purpose of DNA analysis before 
  2.35  completion of the person's term of imprisonment when the person 
  2.36  has not provided a biological specimen for the purpose of DNA 
  3.1   analysis and the person: 
  3.2      (1) was convicted of violating or attempting to violate any 
  3.3   of the following or initially charged with violating one of the 
  3.4   following sections and convicted of another offense arising out 
  3.5   of the same set of circumstances: 
  3.6      (i) murder under section 609.185, 609.19, or 609.195; 
  3.7      (ii) manslaughter under section 609.20 or 609.205; 
  3.8      (iii) assault under section 609.221, 609.222, or 609.223; 
  3.9      (iv) robbery under section 609.24 or aggravated robbery 
  3.10  under section 609.245; 
  3.11     (v) kidnapping under section 609.25; 
  3.12     (vi) false imprisonment under section 609.255; 
  3.13     (vii) criminal sexual conduct under section 609.342, 
  3.14  609.343, 609.344, or 609.345, or 609.3451, subdivision 3; 
  3.15     (viii) incest under section 609.365; 
  3.16     (ix) burglary under section 609.582, subdivision 1; or 
  3.17     (x) indecent exposure under section 617.23, subdivision 3, 
  3.18  clause (2); or 
  3.19     (2) was sentenced as a patterned sex offender under section 
  3.20  609.108, and committed to the custody of the commissioner of 
  3.21  corrections; or 
  3.22     (3) is serving a term of imprisonment in this state under a 
  3.23  reciprocal agreement although convicted in another state of an 
  3.24  offense described in this subdivision or a similar law of the 
  3.25  United States or any other state.  The commissioner of 
  3.26  corrections or local corrections authority shall forward the 
  3.27  sample to the bureau of criminal apprehension. 
  3.28     Subd. 3.  [OFFENDERS FROM OTHER STATES.] When the state 
  3.29  accepts an offender from another state under the interstate 
  3.30  compact authorized by section 243.16, the acceptance is 
  3.31  conditional on the offender providing a biological specimen for 
  3.32  the purposes of DNA analysis as defined in section 299C.155, if 
  3.33  the offender was convicted of an offense described in 
  3.34  subdivision 1 or a similar law of the United States or any other 
  3.35  state.  The specimen must be provided under supervision of staff 
  3.36  from the department of corrections or a community corrections 
  4.1   act county within 15 business days after the offender reports to 
  4.2   the supervising agent.  The cost of obtaining the biological 
  4.3   specimen is the responsibility of the agency providing 
  4.4   supervision. 
  4.5      Sec. 2.  Minnesota Statutes 2000, section 609.487, 
  4.6   subdivision 4, is amended to read: 
  4.7      Subd. 4.  [FLEEING AN OFFICER; DEATH; BODILY INJURY.] 
  4.8   Whoever flees or attempts to flee by means of a motor vehicle a 
  4.9   peace officer who is acting in the lawful discharge of an 
  4.10  official duty, and the perpetrator knows or should reasonably 
  4.11  know the same to be a peace officer, and who in the course of 
  4.12  fleeing causes the death of a human being not constituting 
  4.13  murder or manslaughter or any bodily injury to any person other 
  4.14  than the perpetrator may be sentenced to imprisonment as follows:
  4.15     (a) If the course of fleeing results in death, to 
  4.16  imprisonment for not more than ten 40 years or to payment of a 
  4.17  fine of not more than $20,000 $80,000, or both; or 
  4.18     (b) If the course of fleeing results in great bodily harm, 
  4.19  to imprisonment for not more than seven years or to payment of a 
  4.20  fine of not more than $14,000, or both; or 
  4.21     (c) If the course of fleeing results in substantial bodily 
  4.22  harm, to imprisonment for not more than five years or to payment 
  4.23  of a fine of not more than $10,000, or both.  
  4.24     Sec. 3.  Minnesota Statutes 2000, section 609.495, 
  4.25  subdivision 1, is amended to read: 
  4.26     Subdivision 1.  (a) Whoever harbors, conceals, or aids, or 
  4.27  assists by word or acts another known by whom the actor to have 
  4.28  knows or has reason to know has committed a felony crime under 
  4.29  the laws of this or another state or of the United States with 
  4.30  intent that such offender shall avoid or escape from arrest, 
  4.31  trial, conviction, or punishment, may be sentenced to 
  4.32  imprisonment for not more than three years or to payment of a 
  4.33  fine of not more than $5,000, or both if the crime committed or 
  4.34  attempted by the other person is a felony.  
  4.35     (b) Whoever knowingly harbors, conceals, or aids a person 
  4.36  who is on probation, parole, or supervised release because of a 
  5.1   felony level conviction and for whom an arrest and detention 
  5.2   order has been issued, with intent that the person evade or 
  5.3   escape being taken into custody under the order, may be 
  5.4   sentenced to imprisonment for not more than three years or to 
  5.5   payment of a fine of not more than $5,000, or both.  As used in 
  5.6   this paragraph, "arrest and detention order" means a written 
  5.7   order to take and detain a probationer, parolee, or supervised 
  5.8   releasee that is issued under section 243.05, subdivision 1; 
  5.9   244.19, subdivision 4; or 401.02, subdivision 4. 
  5.10     Sec. 4.  Minnesota Statutes 2000, section 609.495, 
  5.11  subdivision 3, is amended to read: 
  5.12     Subd. 3.  Whoever intentionally aids another person known 
  5.13  by whom the actor to have knows or has reason to know has 
  5.14  committed a criminal act, by destroying or concealing evidence 
  5.15  of that crime, providing false or misleading information about 
  5.16  that crime, receiving the proceeds of that crime, or otherwise 
  5.17  obstructing the investigation or prosecution of that crime is an 
  5.18  accomplice after the fact and may be sentenced to not more than 
  5.19  one-half of the statutory maximum sentence of imprisonment or to 
  5.20  payment of a fine of not more than one-half of the maximum fine 
  5.21  that could be imposed on the principal offender for the crime of 
  5.22  violence.  For purposes of this subdivision, "criminal act" 
  5.23  means an act that is a crime listed in section 609.11, 
  5.24  subdivision 9, under the laws of this or another state, or of 
  5.25  the United States, and also includes an act that would be a 
  5.26  criminal act if committed by an adult. 
  5.27     Sec. 5.  Minnesota Statutes 2000, section 634.20, is 
  5.28  amended to read: 
  5.29     634.20 [EVIDENCE OF PRIOR AND SUBSEQUENT CONDUCT.] 
  5.30     Evidence of similar prior or subsequent conduct by the 
  5.31  accused against the victim of domestic abuse, or against other 
  5.32  family or household members, is admissible unless the probative 
  5.33  value is substantially outweighed by the danger of unfair 
  5.34  prejudice, confusion of the issue, or misleading the jury, or by 
  5.35  considerations of undue delay, waste of time, or needless 
  5.36  presentation of cumulative evidence.  "Similar prior or 
  6.1   subsequent conduct" includes, but is not limited to, evidence of 
  6.2   domestic abuse, violation of an order for protection under 
  6.3   section 518B.01; violation of a harassment restraining order 
  6.4   under section 609.748; or violation of section 609.749 or 
  6.5   609.79, subdivision 1.  "Domestic abuse" and "family or 
  6.6   household members" have the meanings given under section 
  6.7   518B.01, subdivision 2. 
  6.8      Sec. 6.  [EFFECTIVE DATE.] 
  6.9      Sections 1 to 5 are effective August 1, 2001, and apply to 
  6.10  crimes committed on or after that date.