as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 02/04/2004 |
1.1 A bill for an act 1.2 relating to crimes; changing controlled substance 1.3 offenses to include six degrees; imposing penalties; 1.4 creating the crime of loitering with the intent to 1.5 purchase a controlled substance; creating a drug 1.6 treatment diversion program; appropriating money; 1.7 amending Minnesota Statutes 2002, sections 152.01, by 1.8 adding a subdivision; 152.021, as amended; 152.022; 1.9 152.023; 152.024; 152.025; 152.027, by adding a 1.10 subdivision; 590.01, by adding a subdivision; 1.11 proposing coding for new law in Minnesota Statutes, 1.12 chapter 152. 1.13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.14 Section 1. Minnesota Statutes 2002, section 152.01, is 1.15 amended by adding a subdivision to read: 1.16 Subd. 23. [NONVIOLENT DRUG OFFENDER.] "Nonviolent drug 1.17 offender" means persons convicted of a violation of section 1.18 152.024, subdivision 2, 152.025, subdivision 2, or 152.0251, 1.19 subdivision 2, where the offense did not: (1) include a 1.20 dangerous weapon, as defined in section 609.11; (2) involve the 1.21 use of force; (3) result in death or serious bodily injury to 1.22 someone other than the offender; or (4) involve a violation of 1.23 section 18D.331, subdivision 5. The definition does not include 1.24 offenders who have pending criminal charges for a violent crime 1.25 or who have previously been convicted of a violent crime, as 1.26 that term is defined in section 609.1095. 1.27 [EFFECTIVE DATE.] This section is effective August 1, 2005, 1.28 and applies to offenders convicted on or after that date. 1.29 Sec. 2. Minnesota Statutes 2002, section 152.021, as 2.1 amended by Laws 2003, First Special Session chapter 2, article 2.2 8, sections 2 and 3, is amended to read: 2.3 152.021 [CONTROLLED SUBSTANCE CRIME IN THE FIRST DEGREE.] 2.4 Subdivision 1. [SALE CRIMES.] A person is guilty of 2.5 controlled substance crime in the first degree if: 2.6 (1) on one or more occasions within a 90-day period the 2.7 person unlawfully sells one or more mixtures of a total weight 2.8 often50 grams or more containing cocaine, heroin, or 2.9 methamphetamine; 2.10 (2) on one or more occasions within a 90-day period the 2.11 person unlawfully sells one or more mixtures of a total weight 2.12 of 50 grams or more containing a narcotic drug other than 2.13 cocaine, heroin, or methamphetamine; 2.14 (3) on one or more occasions within a 90-day period the 2.15 person unlawfully sells one or more mixtures of a total weight 2.16 of 50 grams or more containing amphetamine, phencyclidine, or 2.17 hallucinogen or, if the controlled substance is packaged in 2.18 dosage units, equaling200250 or more dosage units; or 2.19 (4) on one or more occasions within a 90-day period the 2.20 person unlawfully sells one or more mixtures of a total weight 2.21 of 50 kilograms or more containing marijuana or 2.22 Tetrahydrocannabinols, or one or more mixtures of a total weight 2.23 of 25 kilograms or more containing marijuana or 2.24 Tetrahydrocannabinols in a school zone, a park zone, a public 2.25 housing zone, or a drug treatment facility. 2.26 Subd. 2. [POSSESSION CRIMES.] A person is guilty of a 2.27 controlled substance crime in the first degree if: 2.28 (1) the person unlawfully possesses one or more mixtures of 2.29 a total weight of25250 grams or more containing cocaine, 2.30 heroin, or methamphetamine; 2.31 (2) the person unlawfully possesses one or more mixtures of 2.32 a total weight of500250 grams or more containing a narcotic 2.33 drug other than cocaine, heroin, or methamphetamine; 2.34 (3) the person unlawfully possesses one or more mixtures of 2.35 a total weight of500250 grams or more containing amphetamine, 2.36 phencyclidine, or hallucinogen or, if the controlled substance 3.1 is packaged in dosage units, equaling 500 or more dosage units; 3.2 or 3.3 (4) the person unlawfully possesses one or more mixtures of 3.4 a total weight of 100 kilograms or more containing marijuana or 3.5 Tetrahydrocannabinols. 3.6Subd. 2a. [MANUFACTURE CRIMES.] (a) Notwithstanding3.7subdivision 1, sections 152.022, subdivision 1, 152.023,3.8subdivision 1, and 152.024, subdivision 1, a person is guilty of3.9controlled substance crime in the first degree if the person3.10manufactures any amount of methamphetamine.3.11(b) Notwithstanding paragraph (a) and section 609.17, a3.12person is guilty of attempted manufacture of methamphetamine if3.13the person possesses any chemical reagents or precursors with3.14the intent to manufacture methamphetamine. As used in this3.15section, "chemical reagents or precursors" refers to one or more3.16of the following substances, or their salts, isomers, and salts3.17of isomers:3.18(1) ephedrine;3.19(2) pseudoephedrine;3.20(3) phenyl-2-propanone;3.21(4) phenylacetone;3.22(5) anhydrous ammonia, as defined in section 18C.005,3.23subdivision 1a;3.24(6) organic solvents;3.25(7) hydrochloric acid;3.26(8) lithium metal;3.27(9) sodium metal;3.28(10) ether;3.29(11) sulfuric acid;3.30(12) red phosphorus;3.31(13) iodine;3.32(14) sodium hydroxide;3.33(15) benzaldehyde;3.34(16) benzyl methyl ketone;3.35(17) benzyl cyanide;3.36(18) nitroethane;4.1(19) methylamine;4.2(20) phenylacetic acid;4.3(21) hydriodic acid; or4.4(22) hydriotic acid.4.5 Subd. 3. [PENALTY.] (a) A person convicted under 4.6subdivisionssubdivision 1to 2aor 2, paragraph (a), may be 4.7 sentenced to imprisonment for not more than 30 years or to 4.8 payment of a fine of not more than $1,000,000, or both; a person 4.9 convicted under subdivision 2a, paragraph (b), may be sentenced 4.10 to imprisonment for not more than three years or to payment of a 4.11 fine of not more than $5,000, or both. 4.12 (b) If the conviction is a subsequent controlled substance 4.13 conviction, a person convicted under subdivisions 1 to 2a, 4.14 paragraph (a), shall be committed to the commissioner of 4.15 corrections for not less thanfourfive years nor more than 40 4.16 years and, in addition, may be sentenced to payment of a fine of 4.17 not more than $1,000,000; a person convicted under subdivision 4.18 2a, paragraph (b), may be sentenced to imprisonment for not more 4.19 than four years or to payment of a fine of not more than $5,000, 4.20 or both. 4.21 (c) In a prosecution under subdivision 1 involving sales by 4.22 the same person in two or more counties within a 90-day period, 4.23 the person may be prosecuted for all of the sales in any county 4.24 in which one of the sales occurred. 4.25 [EFFECTIVE DATE.] This section is effective August 1, 2004, 4.26 and applies to crimes committed on or after that date. 4.27 Sec. 3. Minnesota Statutes 2002, section 152.022, is 4.28 amended to read: 4.29 152.022 [CONTROLLED SUBSTANCE CRIME IN THE SECOND DEGREE.] 4.30 Subdivision 1. [SALE CRIMES.] A person is guilty of 4.31 controlled substance crime in the second degree if: 4.32 (1) on one or more occasions within a 90-day period the 4.33 person unlawfully sells one or more mixtures of a total weight 4.34 ofthreeten grams or more containing cocaine, heroin, or 4.35 methamphetamine; 4.36 (2) on one or more occasions within a 90-day period the 5.1 person unlawfully sells one or more mixtures of a total weight 5.2 of ten grams or more containing a narcotic drug other than 5.3 cocaine, heroin, or methamphetamine; 5.4 (3) on one or more occasions within a 90-day period the 5.5 person unlawfully sells one or more mixtures of a total weight 5.6 of ten grams or more containing amphetamine, phencyclidine, or 5.7 hallucinogen or, if the controlled substance is packaged in 5.8 dosage units, equaling50100 or more dosage units; or 5.9 (4) on one or more occasions within a 90-day period the 5.10 person unlawfully sells one or more mixtures of a total weight 5.11 of 25 kilograms or more containing marijuana or 5.12 Tetrahydrocannabinols;. 5.13(5) the person unlawfully sells any amount of a schedule I5.14or II narcotic drug to a person under the age of 18, or5.15conspires with or employs a person under the age of 18 to5.16unlawfully sell the substance; or5.17(6) the person unlawfully sells any of the following in a5.18school zone, a park zone, a public housing zone, or a drug5.19treatment facility:5.20(i) any amount of a schedule I or II narcotic drug,5.21lysergic acid diethylamide (LSD), 3,4-methylenedioxy5.22amphetamine, or 3,4-methylenedioxymethamphetamine;5.23(ii) one or more mixtures containing methamphetamine or5.24amphetamine; or5.25(iii) one or more mixtures of a total weight of five5.26kilograms or more containing marijuana or Tetrahydrocannabinols.5.27 Subd. 2. [POSSESSION CRIMES.] A person is guilty of a 5.28 controlled substance crime in the second degree if: 5.29 (1) the person unlawfully possesses one or more mixtures of 5.30 a total weight ofsix25 grams or more containing cocaine, 5.31 heroin, or methamphetamine; 5.32 (2) the person unlawfully possesses one or more mixtures of 5.33 a total weight of5025 grams or more containing a narcotic drug 5.34 other than cocaine, heroin, or methamphetamine; 5.35 (3) the person unlawfully possesses one or more mixtures of 5.36 a total weight of5025 grams or more containing amphetamine, 6.1 phencyclidine, or hallucinogen or, if the controlled substance 6.2 is packaged in dosage units, equaling100200 or more dosage 6.3 units; or 6.4 (4) the person unlawfully possesses one or more mixtures of 6.5 a total weight of 50 kilograms or more containing marijuana or 6.6 Tetrahydrocannabinols. 6.7 Subd. 2a. [MANUFACTURE CRIMES.] (a) Notwithstanding 6.8 subdivision 1 and sections 152.021, subdivision 1; 152.023, 6.9 subdivision 1; 152.024, subdivision 1; and 152.025, subdivision 6.10 1, a person is guilty of a controlled substance crime in the 6.11 second degree if the person manufactures any amount of 6.12 methamphetamine. 6.13 (b) Notwithstanding paragraph (a) and section 609.17, a 6.14 person is guilty of attempted manufacture of methamphetamine if 6.15 the person possesses any chemical reagents or precursors with 6.16 the intent to manufacture methamphetamine. As used in this 6.17 section, "chemical reagents or precursors" refers to one or more 6.18 of the following substances, or their salts, isomers, and salts 6.19 of isomers: 6.20 (1) ephedrine; 6.21 (2) pseudoephedrine; 6.22 (3) phenyl-2-propanone; 6.23 (4) phenylacetone; 6.24 (5) anhydrous ammonia, as defined in section 18C.005, 6.25 subdivision 1a; 6.26 (6) organic solvents; 6.27 (7) hydrochloric acid; 6.28 (8) lithium metal; 6.29 (9) sodium metal; 6.30 (10) ether; 6.31 (11) sulfuric acid; 6.32 (12) red phosphorus; 6.33 (13) iodine; 6.34 (14) sodium hydroxide; 6.35 (15) benzaldehyde; 6.36 (16) benzyl methyl ketone; 7.1 (17) benzyl cyanide; 7.2 (18) nitroethane; 7.3 (19) methylamine; 7.4 (20) phenylacetic acid; 7.5 (21) hydriodic acid; or 7.6 (22) hydriotic acid. 7.7 Subd. 3. [PENALTY.] (a) A person convicted under 7.8subdivisionsubdivisions 1or 2to 2a, paragraph (a), may be 7.9 sentenced to imprisonment for not more than 25 years or to 7.10 payment of a fine of not more than $500,000, or both; a person 7.11 convicted under subdivision 2a, paragraph (b), may be sentenced 7.12 to imprisonment for not more than ten years or to payment of a 7.13 fine of not more than $20,000, or both. 7.14 (b) If the conviction is a subsequent controlled substance 7.15 conviction, a person convicted undersubdivisionsubdivisions 1 7.16or 2to 2a, paragraph (a), shall be committed to the 7.17 commissioner of corrections for not less thanthreefour years 7.18 nor more than4035 years and, in addition, may be sentenced to 7.19 payment of a fine of not more than $500,000; a person convicted 7.20 under subdivision 2a, paragraph (b), may be sentenced to 7.21 imprisonment for not more than 15 years or to payment of a fine 7.22 of not more than $20,000, or both. 7.23 (c) In a prosecution under subdivision 1 involving sales by 7.24 the same person in two or more counties within a 90-day period, 7.25 the person may be prosecuted for all of the sales in any county 7.26 in which one of the sales occurred. 7.27 [EFFECTIVE DATE.] This section is effective August 1, 2004, 7.28 and applies to crimes committed on or after that date. 7.29 Sec. 4. Minnesota Statutes 2002, section 152.023, is 7.30 amended to read: 7.31 152.023 [CONTROLLED SUBSTANCE CRIME IN THE THIRD DEGREE.] 7.32 Subdivision 1. [SALE CRIMES.] A person is guilty of 7.33 controlled substance crime in the third degree if: 7.34 (1) on one or more occasions within a 90-day period the 7.35 person unlawfully sells one or more mixtures of a total weight 7.36 of three grams or more containinga narcotic drugcocaine, 8.1 heroin, or methamphetamine; 8.2 (2) on one or more occasions within a 90-day period the 8.3 person unlawfully sells one or more mixtures of a total weight 8.4 of three grams or more containingphencyclidine or hallucinogen,8.5it is packaged in dosage units, and equals ten or more dosage8.6unitsa narcotic drug other than cocaine, heroin, or 8.7 methamphetamine; 8.8 (3) on one or more occasions within a 90-day period the 8.9 person unlawfully sells one or more mixtures of a total weight 8.10 of three grams or more containinga controlled substance8.11classified in schedule I, II, or III, except a schedule I or II8.12narcotic drug, to a person under the age of 18amphetamine, 8.13 phencyclidine, or hallucinogen, if the controlled substance is 8.14 packaged in dosage units, equaling 50 or more dosage units; 8.15 (4) on one or more occasions within a 90-day period the 8.16 personconspires with or employs a person under the age of 18 to8.17 unlawfullysellsells one or more mixtures of a total weight of 8.18 ten kilograms or more containinga controlled substance listed8.19in schedule I, II, or III, except a schedule I or II narcotic8.20drugmarijuana or Tetrahydrocannabinols;or8.21 (5)on one or more occasions within a 90-day periodthe 8.22 person unlawfully sells any amount of a schedule I or II 8.23 narcotic drug to a person under the age of 18, or conspires with 8.24 or employs a person under the age of 18 to unlawfully sell the 8.25 substance; or 8.26 (6) the person unlawfully sells any of the following in a 8.27 school zone, a park zone, a public housing zone, or a drug 8.28 treatment facility: 8.29 (i) any amount of a schedule I or II narcotic drug, 8.30 lysergic acid diethylamide (LSD), 3,4-methylenedioxy 8.31 amphetamine, or 3,4-methylenedioxymethamphetamine; 8.32 (ii) one or more mixtures containing methamphetamine or 8.33 amphetamine; or 8.34 (iii) one or more mixtures of a total weight of five 8.35 kilograms or more containing marijuana or Tetrahydrocannabinols. 8.36 Subd. 2. [POSSESSION CRIMES.] A person is guilty of 9.1 controlled substance crime in the third degree if: 9.2 (1)on one or more occasions within a 90-day periodthe 9.3 person unlawfully possesses one or more mixtures of a total 9.4 weight ofthreesix grams or more containing cocaine, heroin, or 9.5 methamphetamine; 9.6 (2)on one or more occasions within a 90-day periodthe 9.7 person unlawfully possesses one or more mixtures of a total 9.8 weight oftensix grams or more containing a narcotic drug other 9.9 than cocaine, heroin, or methamphetamine; 9.10 (3)on one or more occasions within a 90-day periodthe 9.11 person unlawfully possesses one or more mixtures of a total 9.12 weight of six grams or more containinga narcotic9.13drugamphetamine, phencyclidine, or hallucinogen,itif the 9.14 controlled substance is packaged in dosage units, and equals509.15 100 or more dosage units; 9.16 (4)on one or more occasions within a 90-day periodthe 9.17 person unlawfully possessesany amount of a schedule I or II9.18narcotic drug or fiveone or moredosage units of lysergic acid9.19diethylamide (LSD), 3,4-methylenedioxy amphetamine, or9.203,4-methylenedioxymethamphetamine in a school zone, a park zone,9.21a public housing zone, or a drug treatment facility;9.22(5) on one or more occasions within a 90-day period the9.23person unlawfully possesses one or more mixtures of a total9.24weight of ten kilograms or more containingmixtures of a total 9.25 weight of 25 kilograms or more containing marijuana or 9.26 Tetrahydrocannabinols; or9.27(6) the person unlawfully possesses one or more mixtures9.28containing methamphetamine or amphetamine in a school zone, a9.29park zone, a public housing zone, or a drug treatment facility. 9.30 Subd. 3. [PENALTY.] (a) A person convicted under 9.31 subdivision 1 or 2 may be sentenced to imprisonment for not more 9.32 than 20 years or to payment of a fine of not more than $250,000, 9.33 or both. 9.34 (b) If the conviction is a subsequent controlled substance 9.35 conviction, a person convicted under subdivision 1 or 2 shall be 9.36 committed to the commissioner of corrections for not less than 10.1twothree years nor more than 30 years and, in addition, may be 10.2 sentenced to payment of a fine of not more than $250,000. 10.3 (c) In a prosecution under subdivision 1 or 2 involving 10.4 sales or acts of possession by the same person in two or more 10.5 counties within a 90-day period, the person may be prosecuted in 10.6 any county in which one of the sales or acts of possession 10.7 occurred. 10.8 [EFFECTIVE DATE.] This section is effective August 1, 2004, 10.9 and applies to crimes committed on or after that date. 10.10 Sec. 5. Minnesota Statutes 2002, section 152.024, is 10.11 amended to read: 10.12 152.024 [CONTROLLED SUBSTANCE CRIME IN THE FOURTH DEGREE.] 10.13 Subdivision 1. [SALE CRIMES.] A person is guilty of 10.14 controlled substance crime in the fourth degree if: 10.15 (1) the person unlawfully sells one or more mixtures 10.16 containing acontrolled substance classified in schedule I, II,10.17or III, except marijuana or Tetrahydrocannabinolsnarcotic drug 10.18 or methamphetamine; 10.19 (2) on one or more occasions within a 90-day period the 10.20 person unlawfully sells one or more mixtures containinga10.21controlled substance classified in schedule IV or V to a person10.22under the age of 18phencyclidine or hallucinogen that is 10.23 packaged in dosage units and equals ten or more dosage units; 10.24 (3) the personconspires with or employs a person under the10.25age of 18 to unlawfully sellunlawfully sells one or more 10.26 mixtures containing a controlled substance classified in 10.27 scheduleIV or VI, II, or III, except a schedule I or II 10.28 narcotic drug, to a person under the age of 18;or10.29 (4) the person conspires with or employs a person under the 10.30 age of 18 to unlawfullysells any amount of marijuana or10.31Tetrahydrocannabinols in a school zone, a park zone, a public10.32housing zone, or a drug treatment facility, except a small10.33amount for no remunerationsell one more mixtures containing a 10.34 controlled substance listed in schedule I, II, or III, except a 10.35 schedule I or II narcotic drug; or 10.36 (5) on one or more occasions within a 90-day period the 11.1 person unlawfully sells one or more mixtures of a total weight 11.2 of five kilograms or more containing marijuana or 11.3 Tetrahydrocannabinols. 11.4 Subd. 2. [POSSESSION CRIMES.] A person is guilty of 11.5 controlled substance crime in the fourth degree if: 11.6 (1) on one or more occasions within a 90-day period the 11.7 person unlawfully possesses one or more mixtures of a total 11.8 weight of three grams or more containingphencyclidine or11.9hallucinogen, it is packaged in dosage units, and equals ten or11.10more dosage unitscocaine, heroin, or methamphetamine;or11.11 (2) on one more more occasions within a 90-day period the 11.12 person unlawfully possesses one or more mixtures of a total 11.13 weight of ten grams containing acontrolled substance classified11.14in schedule I, II, or III, except marijuana or11.15Tetrahydrocannabinols, with the intent to sell it.narcotic drug 11.16 other than cocaine, heroin, or methamphetamine; 11.17 (3) on one or more occasions within a 90-day period the 11.18 person unlawfully possesses one or more mixtures containing a 11.19 narcotic drug that is packaged in dosage units and equals 50 or 11.20 more dosage units; 11.21 (4) on one or more occasions within a 90-day period the 11.22 person unlawfully possesses any amount of a schedule I or II 11.23 narcotic drug or five or more dosage units of lysergic acid 11.24 diethylamide (LSD), 3,4-methylenedioxy amphetamine, or 11.25 3,4-methylenedioxymethamphetamine in a school zone, park zone, 11.26 public housing zone, or drug treatment facility; 11.27 (5) on one or more occasions within a 90-day period the 11.28 person unlawfully possesses one or more mixtures of a total 11.29 weight of ten kilograms or more containing marijuana or 11.30 Tetrahydrocannabinols; or 11.31 (6) the person unlawfully possesses one or more mixtures 11.32 containing methamphetamine or amphetamine in a school zone, park 11.33 zone, public housing zone, or drug treatment facility. 11.34 Subd. 3. [PENALTY.] (a) A person convicted under 11.35 subdivision 1 or 2 may be sentenced to imprisonment for not more 11.36 than 15 years or to payment of a fine of not more than $100,000, 12.1 or both. 12.2 (b) If the conviction is a subsequent controlled substance 12.3 conviction, a person convicted under subdivision 1 or 2 shall be 12.4 committed to the commissioner of correctionsor to a local12.5correctional authorityfor not less thanone yeartwo years nor 12.6 more than3025 years and, in addition, may be sentenced to 12.7 payment of a fine of not more than $100,000, except as provided 12.8 for in section 152.185. 12.9 [EFFECTIVE DATE.] This section is effective August 1, 2004, 12.10 and applies to crimes committed on or after that date. 12.11 Sec. 6. Minnesota Statutes 2002, section 152.025, is 12.12 amended to read: 12.13 152.025 [CONTROLLED SUBSTANCE CRIME IN THE FIFTH DEGREE.] 12.14 Subdivision 1. [SALE CRIMES.] A person is guilty of 12.15 controlled substance crime in the fifth degree if: 12.16 (1) the person unlawfully sells one or more mixtures 12.17 containing a controlled substance classified in schedule I, II, 12.18 or III, except marijuana or Tetrahydrocannabinols, except a12.19small amount of marijuana for no remuneration;or12.20 (2) the person unlawfully sells one or more mixtures 12.21 containing a controlled substance classified in schedule IV or V 12.22 to a person under the age of 18; 12.23 (3) the person conspires with or employs a person under the 12.24 age of 18 to unlawfully sell a controlled substance classified 12.25 in schedule IV or V; or 12.26 (4) the person unlawfully sells any amount of marijuana or 12.27 Tetrahydrocannabinols in a school zone, park zone, public 12.28 housing zone, or drug treatment facility, except a small amount 12.29 for no remuneration. 12.30 Subd. 2. [POSSESSION AND OTHER CRIMES.] A person is guilty 12.31 of controlled substance crime in the fifth degree if: 12.32 (1) the person unlawfully possesses one or more mixtures 12.33 containinga controlled substance classified in schedule I, II,12.34III, or IV, except a small amount of marijuanaphencyclidine or 12.35 hallucinogen that is packaged in dosage units and equals ten or 12.36 more dosage units; or 13.1 (2) the personprocures, attempts to procure,unlawfully 13.2 possesses, or has control over a controlled substance by any of13.3the following means:13.4(i) fraud, deceit, misrepresentation, or subterfuge;13.5(ii) using a false name or giving false credit; or13.6(iii) falsely assuming the title of, or falsely13.7representing any person to be, a manufacturer, wholesaler,13.8pharmacist, physician, doctor of osteopathy licensed to practice13.9medicine, dentist, podiatrist, veterinarian, or other authorized13.10person for the purpose of obtaining a controlled substanceone 13.11 or more mixtures containing a controlled substance classified in 13.12 schedule I, II, or III, except marijuana or 13.13 Tetrahydrocannabinols, with the intent to sell it. 13.14 Subd. 3. [PENALTY.] (a) A person convicted under 13.15 subdivision 1 or 2 may be sentenced to imprisonment for not more 13.16 thanfiveten years or to payment of a fine of not more than 13.17$10,000$50,000, or both. 13.18 (b) If the conviction is a subsequent controlled substance 13.19 conviction, a person convicted under subdivision 1 or 2 shall be 13.20 committed to the commissioner of corrections or to a local 13.21 correctional authority for not less thansix monthsone year nor 13.22 more thanten20 years and, in addition, may be sentenced to 13.23 payment of a fine of not more than$20,000$50,000, except as 13.24 provided for in section 152.185. 13.25 [EFFECTIVE DATE.] This section is effective August 1, 2004, 13.26 and applies to crimes committed on or after that date. 13.27 Sec. 7. [152.0251] [CONTROLLED SUBSTANCE CRIME IN THE 13.28 SIXTH DEGREE.] 13.29 Subdivision 1. [SALE CRIMES.] A person is guilty of a 13.30 controlled substance crime in the sixth degree if: 13.31 (1) the person unlawfully sells one or more mixtures 13.32 containing marijuana or Tetrahydrocannabinols, except a small 13.33 amount of marijuana for no remuneration; or 13.34 (2) the person unlawfully sells one or more mixtures 13.35 containing a controlled substance classified in schedule IV. 13.36 Subd. 2. [POSSESSION AND OTHER CRIMES.] A person is guilty 14.1 of a controlled substance crime in the sixth degree if: 14.2 (1) the person unlawfully possesses one or more mixtures 14.3 containing a controlled substance classified in schedule I, II, 14.4 III, or IV, except a small amount of marijuana; or 14.5 (2) the person procures, attempts to procure, possesses, or 14.6 has control over a controlled substance by any of the following 14.7 means: 14.8 (i) fraud, deceit, misrepresentation, or subterfuge; 14.9 (ii) using a false name or giving false credit; or 14.10 (iii) falsely assuming the title of, or falsely 14.11 representing any person to be a manufacturer, wholesaler, 14.12 pharmacist, physician, doctor of osteopathy licensed to practice 14.13 medicine, dentist, podiatrist, veterinarian, or other authorized 14.14 person for the purpose of obtaining a controlled substance. 14.15 Subd. 3. [PENALTY.] (a) A person convicted under 14.16 subdivision 1 or 2 may be sentenced to imprisonment for not more 14.17 than five years or to payment of a fine of not more than 14.18 $10,000, or both. 14.19 (b) If the conviction is a subsequent controlled substance 14.20 conviction, a person convicted under subdivision 1 or 2 shall be 14.21 committed to the commissioner of corrections or to a local 14.22 correctional authority for not less than six months nor more 14.23 than ten years and, in addition, may be sentenced to payment of 14.24 a fine of not more than $20,000, except as provided for in 14.25 section 152.185. 14.26 [EFFECTIVE DATE.] This section is effective August 1, 2004, 14.27 and applies to crimes committed on or after that date. 14.28 Sec. 8. Minnesota Statutes 2002, section 152.027, is 14.29 amended by adding a subdivision to read: 14.30 Subd. 5. [LOITERING WITH THE PURPOSE TO PURCHASE A 14.31 CONTROLLED SUBSTANCE.] A person who loiters on the streets or in 14.32 a public place or in a place open to the public with the purpose 14.33 to purchase a controlled substance and who engages in conduct, 14.34 that under the circumstances, manifests a purpose to purchase a 14.35 controlled substance is guilty of a gross misdemeanor. A person 14.36 convicted under this subdivision must be sentenced to a minimum 15.1 of 90 hours of sentence to serve. 15.2 [EFFECTIVE DATE.] This section is effective August 1, 2004, 15.3 and applies to crimes committed on or after that date. 15.4 Sec. 9. [152.185] [NONPRISON SENTENCE OF DRUG ABUSE 15.5 TREATMENT FOR CERTAIN OFFENDERS.] 15.6 Subdivision 1. [SENTENCE OF DRUG ABUSE TREATMENT.] The 15.7 sentencing court must sentence nonviolent offenders, as defined 15.8 in section 152.01, subdivision 23, to treatment in a drug abuse 15.9 treatment program until the offender is determined suitable for 15.10 discharge by the court, unless the court determines that at the 15.11 time of sentencing that the offender is unamenable to 15.12 treatment. The term of treatment shall not exceed 18 months. 15.13 If the court determines that the offender is unamenable to 15.14 treatment, the court shall sentence the offender to a term of 15.15 imprisonment established by the legislature for the offense of 15.16 conviction. 15.17 Subd. 2. [TREATMENT ASSESSMENT.] As part of the 15.18 presentence investigation under Minnesota Rules of Criminal 15.19 Procedure, Rule 27, every nonviolent offender must undergo a 15.20 drug abuse assessment. The party performing the drug abuse 15.21 assessment must submit a report to the sentencing court 15.22 containing a recommendation on the offender's need for and 15.23 amenability to drug treatment. 15.24 Subd. 3. [INTERMEDIATE SANCTIONS.] In addition to the 15.25 sentence of drug abuse treatment, the court may impose nonprison 15.26 sanctions for an offender's failure to comply with the 15.27 conditions of the offender's drug treatment program. 15.28 Intermediate nonprison sanctions include, but are not limited 15.29 to, the following: 15.30 (1) electronic monitoring; 15.31 (2) house arrest; 15.32 (3) intensified treatment or supervision; 15.33 (4) community service; 15.34 (5) fines; and 15.35 (6) up to one year in a county jail. 15.36 Subd. 4. [GROUNDS FOR DISCHARGE.] (a) The court must 16.1 discharge an offender from the program if: 16.2 (1) the offender is convicted of a new felony offense, 16.3 other than drug possession; 16.4 (2) the offender is convicted of a third felony drug 16.5 offense; or 16.6 (3) the court finds that the offender intentionally 16.7 demonstrated a refusal to comply with or participate in the 16.8 treatment program. 16.9 (b) Discharged offenders shall be sentenced according to 16.10 the penalties established by the legislature for the crime of 16.11 conviction but must serve at least one year and a day in a state 16.12 correctional facility. 16.13 [EFFECTIVE DATE.] This section is effective August 1, 2005, 16.14 and applies to offenders convicted on or after that date. 16.15 Sec. 10. Minnesota Statutes 2002, section 590.01, is 16.16 amended by adding a subdivision to read: 16.17 Subd. 4. [APPLICATION FOR RELIEF FROM DRUG SENTENCE.] A 16.18 person who has been convicted and sentenced for a crime under 16.19 section 152.021, 152.022, 152.023, 152.024, or 152.025 prior to 16.20 August 1, 2004, may institute a proceeding applying for relief 16.21 under this chapter upon the grounds that a significant change in 16.22 substantive or procedural law has occurred which, in the 16.23 interest of justice, should be applied retrospectively, 16.24 including resentencing under subsequently enacted law. 16.25 No petition seeking resentencing shall be granted unless 16.26 the court makes specific findings of fact that release of the 16.27 petitioner prior to the time the petitioner would be released 16.28 under the sentence currently being served does not present a 16.29 danger to the public and is not incompatible with the welfare of 16.30 society. 16.31 [EFFECTIVE DATE.] This section is effective August 1, 2004. 16.32 Sec. 11. [DRUG TREATMENT TASK FORCE.] 16.33 Subdivision 1. [TASK FORCE ESTABLISHED.] The executive 16.34 director of the sentencing guidelines commission shall convene a 16.35 task force to develop guidelines, criteria, and procedures for 16.36 implementing the nonviolent drug offender treatment program 17.1 established in section 152.185. The task force shall: 17.2 (1) identify standard criteria and procedures for 17.3 evaluating offenders for drug addiction; 17.4 (2) establish guidelines for judges to follow in sentencing 17.5 offenders to drug treatment; 17.6 (3) identify procedures for housing nonviolent offenders if 17.7 there are insufficient treatment facilities available; 17.8 (4) identify procedures for supervising and monitoring 17.9 offenders sentenced to treatment, including judicial and 17.10 administrative supervision; 17.11 (5) identify treatment options that address the continuum 17.12 of services needed to treat substance abusers, including alcohol 17.13 abuse; 17.14 (6) identify criteria for certifying a drug treatment 17.15 facility; 17.16 (7) recommend which agency should be responsible for 17.17 certifying drug treatment facilities; 17.18 (8) establish reporting and disclosure guidelines for 17.19 certified drug treatment facilities; 17.20 (9) develop a set of best practices based on the experience 17.21 of other states that have implemented a drug treatment 17.22 alternative for nonviolent drug offenders; and 17.23 (10) make recommendations on all other topics the task 17.24 force deems necessary to implement the drug abuse treatment 17.25 program. 17.26 Subd. 2. [MEMBERS.] (a) The task force consists of 22 17.27 voting members, appointed as follows: 17.28 (1) the executive director of the sentencing guidelines 17.29 commission; 17.30 (2) the commissioner of corrections, or a designee; 17.31 (3) the commissioner of human services, or a designee; 17.32 (4) the commissioner of public safety, or a designee; 17.33 (5) the attorney general, or a designee; 17.34 (6) the state court administrator, or a designee; 17.35 (7) a district court judge; 17.36 (8) the Hennepin County attorney, or designees; 18.1 (9) the Ramsey County attorney, or designee; 18.2 (10) a suburban county attorney, or designee; 18.3 (11) an outstate county attorney, or designee; 18.4 (12) the state public defender, or designee; 18.5 (13) a district public defender, or designee; 18.6 (14) the executive director of the state bar association, 18.7 or a designee; 18.8 (15) the executive director of the Minnesota Police and 18.9 Peace Officers Association, or a designee; 18.10 (16) the executive director of the Minnesota Sheriff's 18.11 Association, or a designee; 18.12 (17) a licensed psychiatrist with experience counseling 18.13 drug abusers; 18.14 (18) two drug treatment professionals experienced in 18.15 counseling drug abusers; and 18.16 (19) a representative of probation and parole officers 18.17 employed by the Department of Corrections and a representative 18.18 of probation and parole officers in Community Corrections Act 18.19 counties and county probation counties. 18.20 (b) Members must be appointed as soon as practicable after 18.21 the effective date of this section. Vacancies and removal of 18.22 members is governed by Minnesota Statutes, section 15.059, 18.23 subdivision 4. 18.24 (c) The executive director of the sentencing guidelines 18.25 commission shall serve as the chair of the task force and shall 18.26 convene the first meeting of the task force as soon as 18.27 practicable after the members are appointed, but no later than 18.28 June 1, 2004. 18.29 (d) The chair may appoint subgroups as needed to 18.30 investigate and formulate recommendations related to specific 18.31 issues. 18.32 Subd. 3. [REPORT REQUIRED.] By November 15, 2005, the 18.33 executive director of the sentencing guidelines commissioner 18.34 shall provide a report containing the task force's guidelines, 18.35 criteria, procedures, and recommendations to the chairs and 18.36 ranking minority members of the senate and house committees 19.1 having jurisdiction over issues related to criminal justice and 19.2 human services. The guidelines, criteria, procedures, and 19.3 recommendations, other than recommendations for legislation or 19.4 administrative rules, contained in the report will become 19.5 effective on August 1, 2005, unless the legislature accepts, 19.6 modifies, or rejects the contents of the report before that time. 19.7 Subd. 4. [EXPIRATION.] The task force expires upon 19.8 submission of its report to the legislature. 19.9 [EFFECTIVE DATE.] This section is effective the day 19.10 following final enactment. 19.11 Sec. 12. [REVISOR INSTRUCTION.] 19.12 The revisor of statutes shall correct all necessary 19.13 cross-references consistent with the coding and controlled 19.14 substance degree changes made in Minnesota Statutes, sections 19.15 152.021 to 152.0251. If certain cross-reference changes are not 19.16 clear and involve policy determinations, the revisor in 19.17 consultation with house research shall prepare a bill for the 19.18 2004 legislative session that corrects the cross-references 19.19 consistent with the coding and controlled substance degree 19.20 changes made in Minnesota Statutes, sections 152.021 to 152.0251. 19.21 Sec. 13. [APPROPRIATION.] 19.22 $....... is appropriated from the general fund to the 19.23 Commissioner of Human Services to fund treatment services 19.24 mandated by section 9. This appropriation is available for the 19.25 biennium ending June 30, 2005.