HF 1851

as introduced - 88th Legislature (2013 - 2014) Posted on 05/18/2013 09:52am

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 609.3451, subdivision 2, paragraph (b), 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unless the stay has been revoked or extended under paragraph (g), or the defendant has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.

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, new text begin with sexual or aggressive intent and new text end 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 .

new text begin (a) 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.

new text begin (b) A person convicted under subdivision 1, clause (1), within ten years of a previous
conviction or adjudication of delinquency for violating this section; sections 609.342 to
609.345; 609.3453; 617.23, subdivision 2, clause (1); or 617.247; or a statute from another
state in conformity therewith, shall be sentenced to a stay of not more than six years.
new text end

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 five years or to payment of a fine of not more than
$10,000, or both, if the person violates subdivision 1, clause (2), after having been
previously convicted of or adjudicated delinquent for violating deleted text begin subdivision 1, clause
(2) deleted text end new text begin this section; sections 609.342 to 609.345; or 609.3453 new text end ; deleted text begin section deleted text end 617.23, subdivision
2, clause (1); new text begin 617.247; new text end or a statute from another state in conformity deleted text begin with subdivision 1,
clause (2), or section 617.23, subdivision 2, clause (1) deleted text end new text begin therewith new text end .

new text begin (b) A person is guilty of a felony and may be sentenced to imprisonment for not more
than ten years or to a payment of a fine of not more than $20,000, or both, if the person
violates subdivision 1 within ten years of the first of two or more previous convictions or
delinquency adjudications, providing at least one is a conviction, for violating this section;
sections 609.342 to 609.345; 609.3453; 617.23, subdivision 2, clause (1); or 617.247; or a
statute from another state in conformity therewith.
new text end