HF 1577

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes; expanding the scope of the crimes 
  1.3             of murder in the third degree and manslaughter in the 
  1.4             first degree when use of controlled substances is 
  1.5             involved; amending Minnesota Statutes 2000, sections 
  1.6             609.195; 609.20. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 609.195, is 
  1.9   amended to read: 
  1.10     609.195 [MURDER IN THE THIRD DEGREE.] 
  1.11     (a) Whoever, without intent to effect the death of any 
  1.12  person, causes the death of another by perpetrating an act 
  1.13  eminently dangerous to others and evincing a depraved mind, 
  1.14  without regard for human life, is guilty of murder in the third 
  1.15  degree and may be sentenced to imprisonment for not more than 25 
  1.16  years. 
  1.17     (b) Whoever, without intent to cause death, proximately 
  1.18  causes contributes to the death of a human being by, directly or 
  1.19  indirectly, unlawfully selling, giving away, bartering, 
  1.20  delivering, exchanging, distributing acquiring jointly with 
  1.21  another, manufacturing, or administering a controlled substance 
  1.22  classified in schedule I or II, which contributes to the death 
  1.23  alone or in combination with other substances, is guilty of 
  1.24  murder in the third degree and may be sentenced to imprisonment 
  1.25  for not more than 25 years or to payment of a fine of not more 
  1.26  than $40,000, or both. 
  2.1      (c) As used in this section: 
  2.2      (1) "selling" has the meaning given in section 152.01, 
  2.3   subdivision 15a; 
  2.4      (2) "manufacturing" has the meaning given in section 
  2.5   152.01, subdivision 7; and 
  2.6      (3) "administering" has the meaning given in section 
  2.7   152.01, subdivision 3. 
  2.8      Sec. 2.  Minnesota Statutes 2000, section 609.20, is 
  2.9   amended to read: 
  2.10     609.20 [MANSLAUGHTER IN THE FIRST DEGREE.] 
  2.11     (a) Whoever does any of the following is guilty of 
  2.12  manslaughter in the first degree and may be sentenced to 
  2.13  imprisonment for not more than 15 years or to payment of a fine 
  2.14  of not more than $30,000, or both: 
  2.15     (1) intentionally causes the death of another person in the 
  2.16  heat of passion provoked by such words or acts of another as 
  2.17  would provoke a person of ordinary self-control under like 
  2.18  circumstances, provided that the crying of a child does not 
  2.19  constitute provocation; 
  2.20     (2) violates section 609.224 and causes the death of 
  2.21  another or causes the death of another in committing or 
  2.22  attempting to commit a misdemeanor or gross misdemeanor offense 
  2.23  with such force and violence that death of or great bodily harm 
  2.24  to any person was reasonably foreseeable, and murder in the 
  2.25  first or second degree was not committed thereby; 
  2.26     (3) intentionally causes the death of another person 
  2.27  because the actor is coerced by threats made by someone other 
  2.28  than the actor's coconspirator and which cause the actor 
  2.29  reasonably to believe that the act performed by the actor is the 
  2.30  only means of preventing imminent death to the actor or another; 
  2.31     (4) proximately causes contributes to the death of another, 
  2.32  without intent to cause death by, directly or indirectly, 
  2.33  unlawfully selling, giving away, bartering, delivering, 
  2.34  exchanging, distributing acquiring jointly with another, 
  2.35  manufacturing, or administering a controlled substance 
  2.36  classified in schedule III, IV, or V, which contributes to the 
  3.1   death alone or in combination with other substances; or 
  3.2      (5) causes the death of another in committing or attempting 
  3.3   to commit a violation of section 609.377 (malicious punishment 
  3.4   of a child), and murder in the first, second, or third degree is 
  3.5   not committed thereby. 
  3.6      (b) As used in this section,; 
  3.7      (1) a "person of ordinary self-control" does not include a 
  3.8   person under the influence of intoxicants or a controlled 
  3.9   substance; 
  3.10     (2) "selling" has the meaning given in section 152.01, 
  3.11  subdivision 15a; 
  3.12     (3) "manufacturing" has the meaning given in section 
  3.13  152.01, subdivision 7; and 
  3.14     (4) "administering" has the meaning given in section 
  3.15  152.01, subdivision 3. 
  3.16     Sec. 3.  [EFFECTIVE DATE.] 
  3.17     Sections 1 and 2 are effective August 1, 2001, and apply to 
  3.18  crimes committed on or after that date.