HF 1816

as introduced - 80th Legislature (1997 - 1998) 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 1996, sections 609.595, 
  1.5             subdivisions 2 and 3; and 609.749, subdivision 3; 
  1.6             proposing coding for new law in Minnesota Statutes, 
  1.7             chapter 609; repealing Minnesota Statutes 1996, 
  1.8             sections 609.224, subdivision 4; and 609.595, 
  1.9             subdivision 1a. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  [609.155] [OFFENSES MOTIVATED BY BIAS; PENALTY 
  1.12  ENHANCEMENTS.] 
  1.13     Subdivision 1.  [DEFINITION.] As used in this section, 
  1.14  "bias-motivated offense" means any of the following offenses 
  1.15  when the actor intentionally selects the victim or the property 
  1.16  against which the offense is committed, in whole or in part, 
  1.17  because of the victim's, the property owner's, or another's 
  1.18  actual or perceived race, color, religion, sex, sexual 
  1.19  orientation, disability as defined in section 363.01, age, or 
  1.20  national origin: 
  1.21     (1) section 609.224 (assault in the fifth degree); 
  1.22     (2) section 609.28 (interfering with religious observance); 
  1.23     (3) section 609.563 (arson in the third degree); 
  1.24     (4) section 609.595, subdivision 2 or 3 (damage to 
  1.25  property); 
  1.26     (5) section 609.605, subdivision 1 (trespass); 
  1.27     (6) section 609.669 (civil disorder); 
  2.1      (7) section 609.705 (unlawful assembly); 
  2.2      (8) section 609.71, subdivision 3 (riot third degree); 
  2.3      (9) section 609.72 (disorderly conduct); 
  2.4      (10) section 609.74 (public nuisance); 
  2.5      (11) section 609.749, subdivision 2 (harassment and 
  2.6   stalking); 
  2.7      (12) section 609.79 (obscene or harassing telephone calls); 
  2.8   or 
  2.9      (13) section 609.795 (harassing letter, telegram, or 
  2.10  package). 
  2.11     Subd. 2.  [PENALTY ENHANCEMENT.] A person who is convicted 
  2.12  of a bias-motivated offense shall be sentenced as follows: 
  2.13     (1) if the underlying offense is punishable as a 
  2.14  misdemeanor, the person may be sentenced to imprisonment for not 
  2.15  more than one year or to payment of a fine of not more than 
  2.16  $3,000, or both; 
  2.17     (2) if the underlying offense is punishable as a gross 
  2.18  misdemeanor, the person may be sentenced to imprisonment for not 
  2.19  more than one year and one day or to payment of a fine of not 
  2.20  more than $5,000, or both; and 
  2.21     (3) if the underlying offense is a violation of section 
  2.22  609.749, subdivision 2, the person may be sentenced to 
  2.23  imprisonment for not more than five years or to payment of a 
  2.24  fine of not more than $10,000, or both. 
  2.25     Subd. 3.  [APPLICATION.] This section does not apply if the 
  2.26  victim's actual or perceived race, color, religion, sex, sexual 
  2.27  orientation, disability as defined in section 363.01, age, or 
  2.28  national origin, must be proven as an element of the underlying 
  2.29  offense. 
  2.30     Sec. 2.  Minnesota Statutes 1996, section 609.595, 
  2.31  subdivision 2, is amended to read: 
  2.32     Subd. 2.  [CRIMINAL DAMAGE TO PROPERTY IN THE THIRD SECOND 
  2.33  DEGREE.] (a) Except as otherwise provided in subdivision 1a, 
  2.34  Whoever intentionally causes damage to another person's physical 
  2.35  property without the other person's consent may be sentenced to 
  2.36  imprisonment for not more than one year or to payment of a fine 
  3.1   of not more than $3,000, or both, if the damage reduces the 
  3.2   value of the property by more than $250 but not more than $500 
  3.3   as measured by the cost of repair and replacement. 
  3.4      (b) Whoever intentionally causes damage to another person's 
  3.5   physical property without the other person's consent because of 
  3.6   the property owner's or another's actual or perceived race, 
  3.7   color, religion, sex, sexual orientation, disability as defined 
  3.8   in section 363.01, age, or national origin may be sentenced to 
  3.9   imprisonment for not more than one year or to payment of a fine 
  3.10  of not more than $3,000, or both, if the damage reduces the 
  3.11  value of the property by not more than $250. 
  3.12     (c) In any prosecution under paragraph (a), the value of 
  3.13  property damaged by the defendant in violation of that paragraph 
  3.14  within any six-month period may be aggregated and the defendant 
  3.15  charged accordingly in applying this section.  When two or more 
  3.16  offenses are committed by the same person in two or more 
  3.17  counties, the accused may be prosecuted in any county in which 
  3.18  one of the offenses was committed for all of the offenses 
  3.19  aggregated under this paragraph. 
  3.20     Sec. 3.  Minnesota Statutes 1996, section 609.595, 
  3.21  subdivision 3, is amended to read: 
  3.22     Subd. 3.  [CRIMINAL DAMAGE TO PROPERTY IN THE FOURTH THIRD 
  3.23  DEGREE.] Whoever intentionally causes damage described in 
  3.24  subdivision 2 under any other circumstances to another person's 
  3.25  physical property without the other person's consent is guilty 
  3.26  of a misdemeanor if the damage reduces the value of the property 
  3.27  by not more than $250 as measured by the cost of repair and 
  3.28  replacement. 
  3.29     Sec. 4.  Minnesota Statutes 1996, section 609.749, 
  3.30  subdivision 3, is amended to read: 
  3.31     Subd. 3.  [AGGRAVATED VIOLATIONS.] A person who commits any 
  3.32  of the following acts is guilty of a felony: 
  3.33     (1) commits any offense described in subdivision 2 because 
  3.34  of the victim's or another's actual or perceived race, color, 
  3.35  religion, sex, sexual orientation, disability as defined in 
  3.36  section 363.01, age, or national origin; 
  4.1      (2) commits any offense described in subdivision 2 by 
  4.2   falsely impersonating another; 
  4.3      (3) (2) commits any offense described in subdivision 2 and 
  4.4   possesses a dangerous weapon at the time of the offense; 
  4.5      (4) (3) commits a violation of subdivision 1 with intent to 
  4.6   influence or otherwise tamper with a juror or a judicial 
  4.7   proceeding or with intent to retaliate against a judicial 
  4.8   officer, as defined in section 609.415, or a prosecutor, defense 
  4.9   attorney, or officer of the court, because of that person's 
  4.10  performance of official duties in connection with a judicial 
  4.11  proceeding; or 
  4.12     (5) (4) commits any offense described in subdivision 2 
  4.13  against a victim under the age of 18, if the actor is more than 
  4.14  36 months older than the victim. 
  4.15     Sec. 5.  [REPEALER.] 
  4.16     Minnesota Statutes 1996, sections 609.224, subdivision 4; 
  4.17  and 609.595, subdivision 1a, are repealed. 
  4.18     Sec. 6.  [EFFECTIVE DATE.] 
  4.19     Sections 1 to 5 are effective August 1, 1997, and apply to 
  4.20  crimes committed on or after that date.