HF 1592

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crime; prohibiting plea bargaining when 
  1.3             the defendant is charged with committing a dangerous 
  1.4             felony with a firearm and is subject to the mandatory 
  1.5             minimum sentencing law; permitting an exception when 
  1.6             the defendant's testimony is needed to convict another 
  1.7             offender of a crime of equal or greater severity; 
  1.8             amending Minnesota Statutes 1994, section 609.11, 
  1.9             subdivision 7. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1994, section 609.11, 
  1.12  subdivision 7, is amended to read: 
  1.13     Subd. 7.  [PROSECUTOR SHALL ESTABLISH.] (a) Whenever 
  1.14  reasonable grounds exist to believe that the defendant or an 
  1.15  accomplice used a firearm or other dangerous weapon or had in 
  1.16  possession a firearm, at the time of commission of an offense 
  1.17  listed in subdivision 9, the prosecutor shall, at the time of 
  1.18  trial or at the plea of guilty, present on the record all 
  1.19  evidence tending to establish that fact unless it is otherwise 
  1.20  admitted on the record.  The question of whether the defendant 
  1.21  or an accomplice, at the time of commission of an offense listed 
  1.22  in subdivision 9, used a firearm or other dangerous weapon or 
  1.23  had in possession a firearm shall be determined by the court on 
  1.24  the record at the time of a verdict or finding of guilt at trial 
  1.25  or the entry of a plea of guilty based upon the record of the 
  1.26  trial or the plea of guilty.  The court shall determine on the 
  1.27  record at the time of sentencing whether the defendant has been 
  2.1   convicted of a second or subsequent offense in which the 
  2.2   defendant or an accomplice, at the time of commission of an 
  2.3   offense listed in subdivision 9, used a firearm or other 
  2.4   dangerous weapon or had in possession a firearm.  
  2.5      (b) The prosecutor may not enter into or agree to a plea or 
  2.6   sentence negotiation under which the defendant agrees to plead 
  2.7   guilty to an offense in exchange for the prosecutor's promise to:
  2.8      (1) reduce the charge to an offense that does not require 
  2.9   proof of firearm use or possession; 
  2.10     (2) forgo presenting evidence tending to show that the 
  2.11  defendant used or possessed a firearm during commission of the 
  2.12  offense; or 
  2.13     (3) make a motion to have the defendant sentenced without 
  2.14  regard to the mandatory minimum sentence applicable to firearm 
  2.15  use or possession under this section. 
  2.16  However, a prosecutor may enter into or agree to a plea or 
  2.17  sentence negotiation if the negotiation is contingent on the 
  2.18  defendant providing or agreeing to provide testimony necessary 
  2.19  for the successful prosecution and conviction of another 
  2.20  offender for an offense of equal or greater severity than the 
  2.21  one with which the defendant was originally charged. 
  2.22     Sec. 2.  [EFFECTIVE DATE.] 
  2.23     Section 1 is effective August 1, 1995, and applies to 
  2.24  crimes committed on or after that date.