HF 1851

3rd Engrossment - 88th Legislature (2013 - 2014) Posted on 05/14/2014 09:38am

A bill for an act
relating to public safety; enhancing penalties for certain repeat criminal sexual
conduct offenders; amending Minnesota Statutes 2012, sections 609.135,
subdivision 2; 609.3451.

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

Section 1.

Minnesota Statutes 2012, section 609.135, subdivision 2, is amended to read:

Subd. 2.

Stay of sentence maximum periods.

(a) If the conviction is for a felony
other than section 609.21, subdivision 1a, paragraph (b) or (c), the stay shall be for not
more than four years or the maximum period for which the sentence of imprisonment
might have been imposed, whichever is longer.

(b) If the conviction is for a gross misdemeanor violation of section 169A.20 deleted text begin or deleted text end new text begin ,
new text end 609.21, subdivision 1a, paragraph (d), new text begin or 609.3451, new text end or for a felony described in section
609.21, subdivision 1a, paragraph (b) or (c), the stay shall be for not more than six years.
The court shall provide for unsupervised probation for the last year of the stay unless the
court finds that the defendant needs supervised probation for all or part of the last year.

(c) If the conviction is for a gross misdemeanor not specified in paragraph (b), the
stay shall be for not more than two years.

(d) If the conviction is for any misdemeanor under section 169A.20; 609.746,
subdivision 1; 609.79; or 617.23; or for a misdemeanor under section 609.2242 or
609.224, subdivision 1, in which the victim of the crime was a family or household
member as defined in section 518B.01, the stay shall be for not more than two years. The
court shall provide for unsupervised probation for the second year of the stay unless the
court finds that the defendant needs supervised probation for all or part of the second year.

(e) If the conviction is for a misdemeanor not specified in paragraph (d), the stay
shall be for not more than one year.

(f) The defendant shall be discharged six months after the term of the stay expires,
unless the stay has been revoked or extended under paragraph (g), or the defendant has
already been discharged.

(g) Notwithstanding the maximum periods specified for stays of sentences under
paragraphs (a) to (f), a court may extend a defendant's term of probation for up to one year
if it finds, at a hearing conducted under subdivision 1a, that:

(1) the defendant has not paid court-ordered restitution in accordance with the
payment schedule or structure; and

(2) the defendant is likely to not pay the restitution the defendant owes before the
term of probation expires.

This one-year extension of probation for failure to pay restitution may be extended by
the court for up to one additional year if the court finds, at another hearing conducted
under subdivision 1a, that the defendant still has not paid the court-ordered restitution
that the defendant owes.

Nothing in this subdivision limits the court's ability to refer the case to collections
under section 609.104.

(h) Notwithstanding the maximum periods specified for stays of sentences under
paragraphs (a) to (f), a court may extend a defendant's term of probation for up to three
years if it finds, at a hearing conducted under subdivision 1c, that:

(1) the defendant has failed to complete court-ordered treatment successfully; and

(2) the defendant is likely not to complete court-ordered treatment before the term of
probation expires.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2012, section 609.3451, is amended to read:

609.3451 CRIMINAL SEXUAL CONDUCT IN THE FIFTH DEGREE.

Subdivision 1.

Crime defined.

A person is guilty of criminal sexual conduct
in the fifth degree:

(1) if the person engages in nonconsensual sexual contact; or

(2) the person engages in masturbation or lewd exhibition of the genitals in the
presence of a minor under the age of 16, knowing or having reason to know the minor
is present.

For purposes of this section, "sexual contact" has the meaning given in section
609.341, subdivision 11, paragraph (a), clauses (i) and (iv), but does not include the
intentional touching of the clothing covering the immediate area of the buttocks. Sexual
contact also includes the intentional removal or attempted removal of clothing covering
the complainant's intimate parts or undergarments, and the nonconsensual touching by the
complainant of the actor's intimate parts, effected by the actor, if the action is performed
with sexual or aggressive intent.

Subd. 2.

deleted text begin Penalty deleted text end new text begin Gross misdemeanor new text end .

A person convicted under subdivision 1
may be sentenced to imprisonment for not more than one year or to a payment of a fine of
not more than $3,000, or both.

Subd. 3.

Felony.

new text begin (a) new text end A person is guilty of a felony and may be sentenced to
imprisonment for not more than deleted text begin five deleted text end new text begin seven new text end years or to payment of a fine of not more than
deleted text begin $10,000 deleted text end new text begin $14,000 new text end , or both, if the person violates deleted text begin subdivision 1, clause (2), after having been
previously convicted of or adjudicated delinquent for deleted text end new text begin this section within seven years of:
new text end

new text begin (1) a previous conviction for new text end violating subdivision 1, clause (2) deleted text begin ; deleted text end new text begin , a crime described in
paragraph (b), or a statute from another state in conformity with any of these offenses; or
new text end

new text begin (2) the first of two or more previous convictions for violating subdivision 1, clause
(1), or a statute from another state in conformity with this offense.
new text end

new text begin (b) A previous conviction for violating new text end section new text begin 609.342, 609.343, 609.344,
609.345, 609.3453, new text end 617.23, subdivision 2, clause deleted text begin (1); or a statute from another state in
conformity with subdivision 1, clause (2), or section 617.23, subdivision 2, clause (1) deleted text end new text begin (2),
or subdivision 3, or 617.247 may be used to enhance a criminal penalty as provided in
paragraph (a) new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and applies to crimes
committed on or after that date.
new text end