Minnesota Legislature
HF 1851
Conference Committee Report - 88th Legislature (2013 - 2014) Posted on 05/09/2014 11:17am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 1851
1.3relating to public safety; enhancing penalties for certain repeat criminal sexual
1.4conduct offenders;amending Minnesota Statutes 2012, sections 243.167,
1.5subdivision 1; 609.135, subdivision 2; 609.3451, subdivision 3.
1.6May 8, 2014
1.7The Honorable Paul Thissen
1.8Speaker of the House of Representatives
1.9The Honorable Sandra L. Pappas
1.10President of the Senate
1.11We, the undersigned conferees for H. F. No. 1851 report that we have agreed upon
1.12the items in dispute and recommend as follows:
1.13That the Senate recede from its amendments and that H. F. No. 1851 be further
1.14amended as follows:
1.15Delete everything after the enacting clause and insert:
1.16 "Section 1. Minnesota Statutes 2012, section 609.135, subdivision 2, is amended to read:
1.17 Subd. 2. Stay of sentence maximum periods. (a) If the conviction is for a felony
1.18other than section609.21, subdivision 1a , paragraph (b) or (c), the stay shall be for not
1.19more than four years or the maximum period for which the sentence of imprisonment
1.20might have been imposed, whichever is longer.
1.21(b) If the conviction is for a gross misdemeanor violation of section169A.20 or,
1.22609.21, subdivision 1a , paragraph (d), or 609.3451, or for a felony described in section
1.23609.21, subdivision 1a
, paragraph (b) or (c), the stay shall be for not more than six years.
1.24The court shall provide for unsupervised probation for the last year of the stay unless the
1.25court finds that the defendant needs supervised probation for all or part of the last year.
1.26(c) If the conviction is for a gross misdemeanor not specified in paragraph (b), the
1.27stay shall be for not more than two years.
1.28(d) If the conviction is for any misdemeanor under section169A.20 ;
609.746,
1.29subdivision 1 ;
609.79 ; or
617.23 ; or for a misdemeanor under section
609.2242 or
2.1609.224, subdivision 1
, in which the victim of the crime was a family or household
2.2member as defined in section518B.01 , the stay shall be for not more than two years. The
2.3court shall provide for unsupervised probation for the second year of the stay unless the
2.4court finds that the defendant needs supervised probation for all or part of the second year.
2.5(e) If the conviction is for a misdemeanor not specified in paragraph (d), the stay
2.6shall be for not more than one year.
2.7(f) The defendant shall be discharged six months after the term of the stay expires,
2.8unless the stay has been revoked or extended under paragraph (g), or the defendant has
2.9already been discharged.
2.10(g) Notwithstanding the maximum periods specified for stays of sentences under
2.11paragraphs (a) to (f), a court may extend a defendant's term of probation for up to one year
2.12if it finds, at a hearing conducted under subdivision 1a, that:
2.13(1) the defendant has not paid court-ordered restitution in accordance with the
2.14payment schedule or structure; and
2.15(2) the defendant is likely to not pay the restitution the defendant owes before the
2.16term of probation expires.
2.17This one-year extension of probation for failure to pay restitution may be extended by
2.18the court for up to one additional year if the court finds, at another hearing conducted
2.19under subdivision 1a, that the defendant still has not paid the court-ordered restitution
2.20that the defendant owes.
2.21Nothing in this subdivision limits the court's ability to refer the case to collections
2.22under section609.104 .
2.23(h) Notwithstanding the maximum periods specified for stays of sentences under
2.24paragraphs (a) to (f), a court may extend a defendant's term of probation for up to three
2.25years if it finds, at a hearing conducted under subdivision 1c, that:
2.26(1) the defendant has failed to complete court-ordered treatment successfully; and
2.27(2) the defendant is likely not to complete court-ordered treatment before the term of
2.28probation expires.
2.29EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
2.30committed on or after that date.
2.31 Sec. 2. Minnesota Statutes 2012, section 609.3451, is amended to read:
2.32609.3451 CRIMINAL SEXUAL CONDUCT IN THE FIFTH DEGREE.
2.33 Subdivision 1. Crime defined. A person is guilty of criminal sexual conduct
2.34in the fifth degree:
3.1(1) if the person engages in nonconsensual sexual contact; or
3.2(2) the person engages in masturbation or lewd exhibition of the genitals in the
3.3presence of a minor under the age of 16, knowing or having reason to know the minor
3.4is present.
3.5For purposes of this section, "sexual contact" has the meaning given in section
3.6609.341, subdivision 11
, paragraph (a), clauses (i) and (iv), but does not include the
3.7intentional touching of the clothing covering the immediate area of the buttocks. Sexual
3.8contact also includes the intentional removal or attempted removal of clothing covering
3.9the complainant's intimate parts or undergarments, and the nonconsensual touching by the
3.10complainant of the actor's intimate parts, effected by the actor, if the action is performed
3.11with sexual or aggressive intent.
3.12 Subd. 2.Penalty Gross misdemeanor. A person convicted under subdivision 1
3.13may be sentenced to imprisonment for not more than one year or to a payment of a fine of
3.14not more than $3,000, or both.
3.15 Subd. 3. Felony. (a) A person is guilty of a felony and may be sentenced to
3.16imprisonment for not more thanfive seven years or to payment of a fine of not more than
3.17$10,000 $14,000, or both, if the person violates subdivision 1, clause (2), after having been
3.18previously convicted of or adjudicated delinquent for this section within seven years of:
3.19(1) a previous conviction for violating subdivision 1, clause (2);, a crime described in
3.20paragraph (b), or a statute from another state in conformity with any of these offenses; or
3.21(2) the first of two or more previous convictions for violating subdivision 1, clause
3.22(1), or a statute from another state in conformity with this offense.
3.23(b) A previous conviction for violating section 609.342, 609.343, 609.344,
3.24609.345, 609.3453,617.23, subdivision 2 , clause (1); or a statute from another state in
3.25conformity with subdivision 1, clause (2), or section
617.23, subdivision 2, clause (1) (2),
3.26or subdivision 3, or 617.247 may be used to enhance a criminal penalty as provided in
3.27paragraph (a).
3.28EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
3.29committed on or after that date."
3.30Delete the title and insert:
3.32relating to public safety; enhancing penalties for certain repeat criminal sexual
3.33conduct offenders;amending Minnesota Statutes 2012, sections 609.135,
3.34subdivision 2; 609.3451."
1.3relating to public safety; enhancing penalties for certain repeat criminal sexual
1.4conduct offenders;amending Minnesota Statutes 2012, sections 243.167,
1.5subdivision 1; 609.135, subdivision 2; 609.3451, subdivision 3.
1.6May 8, 2014
1.7The Honorable Paul Thissen
1.8Speaker of the House of Representatives
1.9The Honorable Sandra L. Pappas
1.10President of the Senate
1.11We, the undersigned conferees for H. F. No. 1851 report that we have agreed upon
1.12the items in dispute and recommend as follows:
1.13That the Senate recede from its amendments and that H. F. No. 1851 be further
1.14amended as follows:
1.15Delete everything after the enacting clause and insert:
1.16 "Section 1. Minnesota Statutes 2012, section 609.135, subdivision 2, is amended to read:
1.17 Subd. 2. Stay of sentence maximum periods. (a) If the conviction is for a felony
1.18other than section
1.19more than four years or the maximum period for which the sentence of imprisonment
1.20might have been imposed, whichever is longer.
1.21(b) If the conviction is for a gross misdemeanor violation of section
1.22
1.24The court shall provide for unsupervised probation for the last year of the stay unless the
1.25court finds that the defendant needs supervised probation for all or part of the last year.
1.26(c) If the conviction is for a gross misdemeanor not specified in paragraph (b), the
1.27stay shall be for not more than two years.
1.28(d) If the conviction is for any misdemeanor under section
1.29subdivision 1
2.2member as defined in section
2.3court shall provide for unsupervised probation for the second year of the stay unless the
2.4court finds that the defendant needs supervised probation for all or part of the second year.
2.5(e) If the conviction is for a misdemeanor not specified in paragraph (d), the stay
2.6shall be for not more than one year.
2.7(f) The defendant shall be discharged six months after the term of the stay expires,
2.8unless the stay has been revoked or extended under paragraph (g), or the defendant has
2.9already been discharged.
2.10(g) Notwithstanding the maximum periods specified for stays of sentences under
2.11paragraphs (a) to (f), a court may extend a defendant's term of probation for up to one year
2.12if it finds, at a hearing conducted under subdivision 1a, that:
2.13(1) the defendant has not paid court-ordered restitution in accordance with the
2.14payment schedule or structure; and
2.15(2) the defendant is likely to not pay the restitution the defendant owes before the
2.16term of probation expires.
2.17This one-year extension of probation for failure to pay restitution may be extended by
2.18the court for up to one additional year if the court finds, at another hearing conducted
2.19under subdivision 1a, that the defendant still has not paid the court-ordered restitution
2.20that the defendant owes.
2.21Nothing in this subdivision limits the court's ability to refer the case to collections
2.22under section
2.23(h) Notwithstanding the maximum periods specified for stays of sentences under
2.24paragraphs (a) to (f), a court may extend a defendant's term of probation for up to three
2.25years if it finds, at a hearing conducted under subdivision 1c, that:
2.26(1) the defendant has failed to complete court-ordered treatment successfully; and
2.27(2) the defendant is likely not to complete court-ordered treatment before the term of
2.28probation expires.
2.29EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
2.30committed on or after that date.
2.31 Sec. 2. Minnesota Statutes 2012, section 609.3451, is amended to read:
2.32609.3451 CRIMINAL SEXUAL CONDUCT IN THE FIFTH DEGREE.
2.33 Subdivision 1. Crime defined. A person is guilty of criminal sexual conduct
2.34in the fifth degree:
3.1(1) if the person engages in nonconsensual sexual contact; or
3.2(2) the person engages in masturbation or lewd exhibition of the genitals in the
3.3presence of a minor under the age of 16, knowing or having reason to know the minor
3.4is present.
3.5For purposes of this section, "sexual contact" has the meaning given in section
3.7intentional touching of the clothing covering the immediate area of the buttocks. Sexual
3.8contact also includes the intentional removal or attempted removal of clothing covering
3.9the complainant's intimate parts or undergarments, and the nonconsensual touching by the
3.10complainant of the actor's intimate parts, effected by the actor, if the action is performed
3.11with sexual or aggressive intent.
3.12 Subd. 2.
3.13may be sentenced to imprisonment for not more than one year or to a payment of a fine of
3.14not more than $3,000, or both.
3.15 Subd. 3. Felony. (a) A person is guilty of a felony and may be sentenced to
3.16imprisonment for not more than
3.17
3.18
3.19(1) a previous conviction for violating subdivision 1, clause (2)
3.20paragraph (b), or a statute from another state in conformity with any of these offenses; or
3.21(2) the first of two or more previous convictions for violating subdivision 1, clause
3.22(1), or a statute from another state in conformity with this offense.
3.23(b) A previous conviction for violating section 609.342, 609.343, 609.344,
3.24609.345, 609.3453,
3.25
3.26or subdivision 3, or 617.247 may be used to enhance a criminal penalty as provided in
3.27paragraph (a).
3.28EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
3.29committed on or after that date."
3.30Delete the title and insert:
3.32relating to public safety; enhancing penalties for certain repeat criminal sexual
3.33conduct offenders;amending Minnesota Statutes 2012, sections 609.135,
3.34subdivision 2; 609.3451."