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HF 1761

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/01/2021 04:10pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to courts; prohibiting execution of criminal sentences for certain probation
violations; amending Minnesota Statutes 2020, section 609.14, subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 609.14, subdivision 3, is amended to read:


Subd. 3.

Sentence.

new text begin(a) new text endIf any of such grounds are found to exist the court may:

(1) if imposition of sentence was previously stayed, again stay sentence or impose
sentence and stay the execution thereof, and in either event place the defendant on probation
or order intermediate sanctions pursuant to section 609.135, or impose sentence and order
execution thereof; or

(2) if sentence was previously imposed and execution thereof stayed, continue such stay
and place the defendant on probation or order intermediate sanctions in accordance with
the provisions of section 609.135, or order execution of the sentence previously imposed.

new text begin (b) Absent additional grounds found to exist, the court may not order execution of the
sentence for the first occurrence of the following violations:
new text end

new text begin (1) failure to pay surcharges, fees, fines, or restitution;
new text end

new text begin (2) a positive test for illegal or nonprescribed mood-altering drugs;
new text end

new text begin (3) a positive test for alcohol;
new text end

new text begin (4) failure to make a good-faith effort to obtain or maintain employment;
new text end

new text begin (5) failure to report changes in employment;
new text end

new text begin (6) curfew violation;
new text end

new text begin (7) failure to report contact with law enforcement;
new text end

new text begin (8) citation or guilty finding for a petty misdemeanor offense; or
new text end

new text begin (9) failure to contact agent as directed, absent absconding or intention thereof.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to a
revocation proceeding initiated on or after that date.
new text end