HF 1851

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 04/28/2014 03:43pm

A bill for an act
relating to public safety; enhancing penalties for certain repeat criminal sexual
conduct offenders; amending Minnesota Statutes 2012, sections 243.167,
subdivision 1; 609.135, subdivision 2; 609.3451, subdivision 3.

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

Section 1.

Minnesota Statutes 2012, section 243.167, subdivision 1, is amended to read:

Subdivision 1.

Definition.

As used in this section, "crime against the person" means
a violation of any of the following or a similar law of another state or of the United States:
section 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 609.221; 609.222; 609.223;
609.2231; 609.224, subdivision 2 or 4; 609.2242, subdivision 2 or 4; 609.2247; 609.235;
609.245, subdivision 1; 609.25; 609.255; 609.3451, subdivision deleted text begin 2 deleted text end new text begin 3 new text end ; 609.498, subdivision
1; 609.582, subdivision 1; or 617.23, subdivision 2; or any felony-level violation of
section 609.229; 609.377; 609.749; or 624.713.

Sec. 2.

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
or 609.21, subdivision 1a, paragraph (d), 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.

new text begin (c) If the conviction is for a gross misdemeanor violation of section 609.3451,
subdivision 1, the stay shall be for not more than six years.
new text end

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

deleted text begin (d) deleted text end new text begin (e) new text end 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.

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

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expires, unless the stay has been revoked or extended under paragraph deleted text begin (g) deleted text end new text begin (h) new text end , or the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

deleted text begin (g) deleted text end new text begin (h) new text end Notwithstanding the maximum periods specified for stays of sentences under
paragraphs (a) to deleted text begin (f) deleted text end new text begin (g) new text end , 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.

deleted text begin (h) deleted text end new text begin (i) new text end Notwithstanding the maximum periods specified for stays of sentences under
paragraphs (a) to deleted text begin (f) deleted text end new text begin (g) new text end , 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. 3.

Minnesota Statutes 2012, section 609.3451, subdivision 3, is amended to read:

Subd. 3.

Felony.

A person is guilty of a felony and may be sentenced to
imprisonment for not more than deleted text begin five years deleted text end new text begin 144 months new text end or to payment of a fine of not more
than $10,000, or both, if the person violates deleted text begin subdivision 1, clause (2), deleted text end new text begin this section within
15 years new text end after having been previously convicted of deleted text begin or adjudicated delinquent for deleted text end 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 deleted text begin , subdivision 2, clause (1) deleted text end ; 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 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. 4. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin In the next edition of Minnesota Statutes, the revisor of statutes shall change the
headnote of section 609.3451, subdivision 2, from "Penalty" to "Gross misdemeanor."
new text end