as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to crime prevention; requiring mandatory 1.3 minimum sentences for gang-motivated or facilitated 1.4 crimes; increasing penalties for soliciting juveniles 1.5 to commit criminal acts; prohibiting adults from 1.6 soliciting minors to commit crimes for the benefit of 1.7 a gang; creating the crime of tampering with a juror; 1.8 making changes related to the joinder of offenses and 1.9 defendants in criminal trials; limiting the scope of 1.10 the community crime reduction grant program; creating 1.11 a gang prevention grant program; amending the 1.12 definition of "violent crime" and "crime of violence"; 1.13 providing criminal penalties; appropriating money; 1.14 amending Minnesota Statutes 1996, sections 119A.31, 1.15 subdivision 1; 609.035, subdivision 1; 609.152, 1.16 subdivision 1; 609.494, subdivisions 1 and 2; 609.749, 1.17 subdivision 3; 624.712, subdivision 5; and 631.035; 1.18 proposing coding for new law in Minnesota Statutes, 1.19 chapters 299A; 609; and 631; repealing Minnesota 1.20 Statutes 1996, section 609.229. 1.21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.22 Section 1. [LEGISLATIVE FINDINGS AND PURPOSE.] 1.23 The legislature finds that every person living in Minnesota 1.24 should be able to live a safe and secure existence protected 1.25 from fear, intimidation, and physical harm caused by the 1.26 criminal activities of violent groups and individuals. The 1.27 legislature further finds that violent criminal gangs have 1.28 increased fear and decreased the quality of life in communities 1.29 across the state. The unlawful conduct of criminal gangs 1.30 presents a danger to public order and safety. It is the 1.31 legislature's intent to seek the eradication of such conduct by 1.32 focusing upon patterns of criminal gang activity and upon the 1.33 organized nature of gangs. It is not the intention of the 2.1 legislature to interfere with the exercise of constitutionally 2.2 protected rights such as freedom of expression and association. 2.3 Sec. 2. Minnesota Statutes 1996, section 119A.31, 2.4 subdivision 1, is amended to read: 2.5 Subdivision 1. [PROGRAMS.] The commissioner shall, in 2.6 consultation with the chemical abuse and violence prevention 2.7 council, administer a grant program to fund community-based 2.8 programs that are designed to enhance the community's sense of 2.9 personal security and to assist the community in its crime 2.10 control and prevention efforts. Examples of qualifying programs 2.11 include, but are not limited to, the following: 2.12 (1) community-based programs designed to provide services 2.13 for children aged 8 to 13 who are juvenile offenders or who are 2.14 at risk of becoming juvenile offenders. The programs must give 2.15 priority to: 2.16 (i) juvenile restitution; 2.17 (ii) prearrest or pretrial diversion, including through 2.18 mediation; 2.19 (iii) probation innovation; 2.20 (iv) teen courts, community service; or 2.21 (v) post incarceration alternatives to assist youth in 2.22 returning to their communities; 2.23 (2) community-based programs designed to provide at-risk 2.24 children and youth aged 8 to 13 with after-school and summer 2.25 enrichment activities; 2.26 (3) community-based programs designed to discourage young 2.27 people from involvement in unlawful drug
or street gang2.28 activities such as neighborhood youth centers; 2.29 (4) neighborhood block clubs and innovative community-based 2.30 crime prevention programs; 2.31 (5) community- and school-based programs designed to enrich 2.32 the educational, cultural, or recreational opportunities of 2.33 at-risk children and youth, including programs designed to keep 2.34 at-risk youth from dropping out of school and encourage school 2.35 dropouts to return to school; 2.36 (6) community-based programs designed to intervene with 3.1 juvenile offenders who are identified as likely to engage in 3.2 repeated criminal activity in the future unless intervention is 3.3 undertaken; 3.4 (7) community-based collaboratives that coordinate multiple 3.5 programs and funding sources to address the needs of at-risk 3.6 children and youth, including, but not limited to, 3.7 collaboratives that address the continuum of services for 3.8 juvenile offenders and those who are at risk of becoming 3.9 juvenile offenders; 3.10 (8) programs that are proven successful at increasing the 3.11 rate of school success or the rate of post-secondary education 3.12 attendance for high-risk students; 3.13 (9) community-based programs that provide services to 3.14 homeless youth; 3.15 (10) programs designed to reduce truancy; and 3.16 (11) other community- and school-based crime prevention 3.17 programs that are innovative and encourage substantial 3.18 involvement by members of the community served by the program. 3.19 Sec. 3. [299A.64] [GANG PREVENTION GRANT PROGRAM.] 3.20 Subdivision 1. [ESTABLISHMENT; PROGRAMS ELIGIBLE FOR 3.21 GRANTS.] (a) A gang prevention grant program is established 3.22 under the administration of the commissioner of public safety. 3.23 Grants may be awarded as provided in subdivision 2 and shall 3.24 fund programs that: 3.25 (1) target individuals who associate with or who are at 3.26 risk of associating with criminal street gangs; and 3.27 (2) prevent individuals from beginning such associations or 3.28 if the individual is already associating with the gang, 3.29 encourage the individual to discontinue the association. 3.30 (b) Programs eligible for grants under this section 3.31 include, but are not limited to, those programs that: 3.32 (1) teach life skills such as violence management, conflict 3.33 resolution, and parenting; 3.34 (2) teach employment skills; 3.35 (3) encourage and facilitate the pursuit of educational 3.36 objectives; 4.1 (4) provide opportunities for recreational activities; 4.2 (5) provide opportunities for community service; 4.3 (6) provide positive peer support and role models; 4.4 (7) provide informal counseling or references to qualified 4.5 professional counselors; 4.6 (8) provide tattoo removal services; and 4.7 (9) educate and interact with younger children to 4.8 discourage gang activities. 4.9 Subd. 2. [APPLICATION PROCESS.] Programs seeking grants 4.10 under this section shall submit an application to the 4.11 commissioner. In addition to any other information required by 4.12 the commissioner, the application must provide detailed 4.13 information on the uses for which the grant money will be put 4.14 and include information about the program's history as it 4.15 relates to criminal gangs. The commissioner may award grants to 4.16 eligible programs that, in the commissioner's judgment, are most 4.17 likely to discourage gang activity. 4.18 Sec. 4. Minnesota Statutes 1996, section 609.035, 4.19 subdivision 1, is amended to read: 4.20 Subdivision 1. Except as provided in subdivision 2, 4.21 subdivision 3, and in sections 609.251, 609.585, 609.21, 4.22 subdivisions 3 and 4, 609.2691, 609.486, 609.494, 609.4945, and 4.23 609.856, if a person's conduct constitutes more than one offense 4.24 under the laws of this state, the person may be punished for 4.25 only one of the offenses and a conviction or acquittal of any 4.26 one of them is a bar to prosecution for any other of them. All 4.27 the offenses, if prosecuted, shall be included in one 4.28 prosecution which shall be stated in separate counts. 4.29 Sec. 5. [609.112] [GANG MOTIVATED OR FACILITATED CRIMES; 4.30 MANDATORY MINIMUM SENTENCES.] 4.31 Subdivision 1. [DEFINITION.] As used in this section, 4.32 "criminal gang" means any organization, association, or group of 4.33 three or more persons, whether formal or informal, that: 4.34 (1) has a common name or common identifying sign or symbol; 4.35 and 4.36 (2) includes members who have individually or collectively 5.1 committed or attempted to commit violations of one or more of 5.2 the offenses listed in section 609.11, subdivision 9, 609.494, 5.3 609.4945, 609.495, 609.498, 609.713, 609.749, or 624.714, 5.4 subdivision 1, where the violations or attempted violations were 5.5 motivated or facilitated by the organization, association, or 5.6 group, or are closely related and connected in point of time or 5.7 circumstance of commission. 5.8 Subd. 2. [APPLICABLE CRIMES.] Any defendant convicted of a 5.9 violation of this chapter, chapter 152 or 624 where it is 5.10 determined that the violation was, in whole or in part, 5.11 motivated or facilitated by criminal gang affiliation or 5.12 perceived affiliation, shall be sentenced as provided in 5.13 subdivision 4. 5.14 Subd. 3. [PROSECUTOR SHALL ESTABLISH.] Whenever reasonable 5.15 grounds exist to believe that a violation of this chapter, 5.16 chapter 152 or 624 was, in whole or in part, motivated or 5.17 facilitated by criminal gang affiliation or perceived 5.18 affiliation, the prosecutor shall, before sentencing, present on 5.19 the record all evidence tending to establish that fact unless it 5.20 is otherwise admitted on the record. The question of whether 5.21 the defendant committed such a crime for these purposes shall be 5.22 determined by the court on the record. 5.23 Subd. 4. [MANDATORY MINIMUM SENTENCE.] (a) Unless a longer 5.24 mandatory minimum sentence is otherwise required by law, or the 5.25 court imposes a longer aggravated durational departure, or a 5.26 longer prison sentence is presumed under the sentencing 5.27 guidelines and imposed by the court, a person convicted of a 5.28 crime described in subdivision 2 that was, in whole or in part, 5.29 motivated or facilitated by criminal gang affiliation or 5.30 perceived affiliation, shall be sentenced as follows: 5.31 (1) if the underlying crime is a felony, the person shall 5.32 be committed to the custody of the commissioner of corrections 5.33 for a period of time that is not less than double the 5.34 presumptive sentence under the sentencing guidelines and not 5.35 more than the statutory maximum, or if the statutory maximum is 5.36 less than double the presumptive sentence, for a period of time 6.1 that is equal to the statutory maximum; 6.2 (2) if the underlying crime is a gross misdemeanor, the 6.3 person shall be sentenced to a minimum of 250 days imprisonment, 6.4 all of which must be served consecutively; or 6.5 (3) if the underlying crime is a misdemeanor, the person 6.6 shall be sentenced to a minimum of 60 days imprisonment, all of 6.7 which must be served consecutively. 6.8 (b) The court shall impose and execute the prison sentence 6.9 described in paragraph (a), clause (1), regardless of whether 6.10 the sentencing guidelines presume an executed prison sentence. 6.11 Any person convicted and sentenced as required by this section, 6.12 is not eligible for probation, parole, discharge, or work 6.13 release, until that person has served the full term of 6.14 imprisonment as provided by law, notwithstanding sections 6.15 152.152, 152.18, 241.26, 242.19, 243.05, 244.04, 609.12, and 6.16 609.135. 6.17 Sec. 6. Minnesota Statutes 1996, section 609.152, 6.18 subdivision 1, is amended to read: 6.19 Subdivision 1. [DEFINITIONS.] (a) As used in this section, 6.20 the following terms have the meanings given. 6.21 (b) "Conviction" means any of the following accepted and 6.22 recorded by the court: a plea of guilty, a verdict of guilty by 6.23 a jury, or a finding of guilty by the court. The term includes 6.24 a conviction by any court in Minnesota or another jurisdiction. 6.25 (c) "Prior conviction" means a conviction that occurred 6.26 before the offender committed the next felony resulting in a 6.27 conviction and before the offense for which the offender is 6.28 being sentenced under this section. 6.29 (d) "Violent crime" means a violation of or an attempt or 6.30 conspiracy to violate any of the following laws of this state or 6.31 any similar laws of the United States or any other state: 6.32 section 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 6.33 609.21; 609.221; 609.222; 609.223; 609.228; 609.235; 609.24; 6.34 609.245; 609.25; 609.255; 609.2661; 609.2662; 609.2663; 6.35 609.2664; 609.2665; 609.267; 609.2671; 609.268; 609.342; 6.36 609.343; 609.344; 609.345; 609.4945; 609.498, subdivision 1; 7.1 609.561; 609.562; 609.582, subdivision 1; 609.66, subdivision 7.2 1e; 609.687; 609.855, subdivision 5; any provision of sections 7.3 609.229;609.377; 609.378; 609.749; and 624.713 that is 7.4 punishable by a felony penalty; orany provision of chapter 152 7.5 that is punishable by a maximum sentence of 15 years or more; or 7.6 any conviction under section 609.112. 7.7 Sec. 7. Minnesota Statutes 1996, section 609.494, 7.8 subdivision 1, is amended to read: 7.9 Subdivision 1. [CRIME.] Except as provided in section 7.10 609.4945, a person is guilty of a crime and may be sentenced as 7.11 provided in subdivision 2 if the person is an adult and solicits 7.12 or conspires with a minor to commit a crime or delinquent act or 7.13 is an accomplice to a minor in the commission of a crime or 7.14 delinquent act. 7.15 Sec. 8. Minnesota Statutes 1996, section 609.494, 7.16 subdivision 2, is amended to read: 7.17 Subd. 2. [SENTENCE.] (a) A person who violates subdivision7.18 1 is guilty of a misdemeanorIf the intended criminal act is a 7.19 misdemeanor or would be a misdemeanor if committed by an 7.20 adult, and is guilty of a gross misdemeanora person who 7.21 violates subdivision 1 is guilty of a gross misdemeanor. 7.22 (b) If the intended criminal act is a gross misdemeanor or 7.23 would be a gross misdemeanor if committed by an adult, a person 7.24 who violates subdivision 1 is guilty of a felony and may be 7.25 sentenced to imprisonment for not more than two years or to 7.26 payment of a fine of not more than $4,000, or both. 7.27 (b) A person who violates subdivision 1 is guilty of a7.28 felony(c) If the intended criminal act is a felony or would be 7.29 a felony if committed by an adult, a person who violates 7.30 subdivision 1 is guilty of a felony and may be sentenced to: 7.31 (1) imprisonment for not more than five years or to payment 7.32 of a fine of not more than $10,000, or both; or 7.33 (2) imprisonment for not more than one-half the statutory 7.34 maximum term for the intended criminal act or to payment of a 7.35 fine of not more than one-half the maximum fine for the intended 7.36 criminal act, or both; 8.1 whichever is greater. 8.2 Sec. 9. [609.4945] [SOLICITATION OF A JUVENILE TO JOIN A 8.3 CRIMINAL GANG.] 8.4 Subdivision 1. [DEFINITIONS.] As used in this section: 8.5 (1) "solicit" has the meaning given in section 609.494, 8.6 subdivision 5; and 8.7 (2) "criminal gang" has the meaning given in section 8.8 609.112, subdivision 1. 8.9 Subd. 2. [ACTS PROHIBITED; SENTENCE.] An adult who 8.10 solicits, entices, threatens, or coerces a minor to commit a 8.11 crime for the benefit of, at the direction of, as a function of, 8.12 or in association with a criminal gang is guilty of a felony and 8.13 may be sentenced to imprisonment for not more than 10 years or 8.14 to payment of a fine of not more than $20,000, or both. 8.15 Subd. 3. [MULTIPLE SENTENCES.] Notwithstanding section 8.16 609.04, a prosecution for or conviction under this section is 8.17 not a bar to conviction of or punishment for any other crime 8.18 committed by the defendant as part of the same conduct. 8.19 Subd. 4. [CONSECUTIVE SENTENCES.] Notwithstanding any 8.20 provision of the sentencing guidelines, the court may provide 8.21 that a sentence imposed for a violation of this section shall 8.22 run consecutively to any sentence imposed for the intended 8.23 criminal act. A decision by the court to impose consecutive 8.24 sentences under this subdivision is not a departure from the 8.25 sentencing guidelines. 8.26 Sec. 10. [609.499] [TAMPERING WITH A JUROR.] 8.27 Subdivision 1. [CRIME DESCRIBED.] A person is guilty of 8.28 tampering with a juror, if the person: 8.29 (1) by means of force or threats of injury to any person or 8.30 property, intentionally influences or tampers with a juror, or 8.31 attempts to influence or tamper with a juror; 8.32 (2) intentionally causes injury or threatens to cause 8.33 injury to any person or property in retaliation against a person 8.34 who served as a juror in any judicial proceeding within five 8.35 years following the proceeding or within five years following 8.36 the actor's release from incarceration, whichever is later; or 9.1 (3) by means of any other act, intentionally influences or 9.2 tampers with a juror, or attempts to influence or tamper with a 9.3 juror. 9.4 Subd. 2. [PENALTY.] A person who violates subdivision 1 9.5 may be sentenced to the same statutory maximum sentence of 9.6 imprisonment and fine as the defendant was charged with in the 9.7 underlying judicial proceeding in which the victim served as a 9.8 juror. 9.9 Sec. 11. Minnesota Statutes 1996, section 609.749, 9.10 subdivision 3, is amended to read: 9.11 Subd. 3. [AGGRAVATED VIOLATIONS.] A person who commits any 9.12 of the following acts is guilty of a felony: 9.13 (1) commits any offense described in subdivision 2 because 9.14 of the victim's or another's actual or perceived race, color, 9.15 religion, sex, sexual orientation, disability as defined in 9.16 section 363.01, age, or national origin; 9.17 (2) commits any offense described in subdivision 2 by 9.18 falsely impersonating another; 9.19 (3) commits any offense described in subdivision 2 and 9.20 possesses a dangerous weapon at the time of the offense; 9.21 (4) commits a violation of subdivision 1 with intent to 9.22 influence or otherwise tamper with a juror or a judicial 9.23 proceeding and a violation of section 609.499 does not occur, or 9.24 with intent to retaliate against a judicial officer, as defined 9.25 in section 609.415, or a prosecutor, defense attorney, or 9.26 officer of the court, because of that person's performance of 9.27 official duties in connection with a judicial proceeding; or 9.28 (5) commits any offense described in subdivision 2 against 9.29 a victim under the age of 18, if the actor is more than 36 9.30 months older than the victim. 9.31 Sec. 12. Minnesota Statutes 1996, section 624.712, 9.32 subdivision 5, is amended to read: 9.33 Subd. 5. [CRIME OF VIOLENCE.] "Crime of violence" includes 9.34 murder in the first, second, and third degrees, manslaughter in 9.35 the first and second degrees, aiding suicide, aiding attempted 9.36 suicide, felony violations of assault in the first, second, 10.1 third, and fourth degrees, assaults motivated by bias under 10.2 section 609.2231, subdivision 4, drive-by shootings, terroristic 10.3 threats, use of drugs to injure or to facilitate crime, crimes 10.4 committed for the benefit of a gang, solicitation of a juvenile 10.5 to join a criminal gang, commission of a crime while wearing or 10.6 possessing a bullet-resistant vest, simple robbery, aggravated 10.7 robbery, kidnapping, false imprisonment, criminal sexual conduct 10.8 in the first, second, third, and fourth degrees, theft of a 10.9 firearm, felony theft involving the intentional taking or 10.10 driving of a motor vehicle without the consent of the owner or 10.11 the authorized agent of the owner, felony theft involving the 10.12 taking of property from a burning, abandoned, or vacant 10.13 building, or from an area of destruction caused by civil 10.14 disaster, riot, bombing, or the proximity of battle, felony 10.15 theft involving the theft of a controlled substance, an 10.16 explosive, or an incendiary device, arson in the first and 10.17 second degrees, riot, burglary in the first, second, third, and 10.18 fourth degrees, harassment and stalking, shooting at a public 10.19 transit vehicle or facility, reckless use of a gun or dangerous 10.20 weapon, intentionally pointing a gun at or towards a human 10.21 being, setting a spring gun, and unlawfully owning, possessing, 10.22 operating a machine gun or short-barreled shotgun, and an 10.23 attempt to commit any of these offenses, as each of those 10.24 offenses is defined in chapter 609. "Crime of violence" also 10.25 includes felony violations of the following: malicious 10.26 punishment of a child; neglect or endangerment of a child; and 10.27 chapter 152, and includes a conviction under section 609.112. 10.28 Sec. 13. Minnesota Statutes 1996, section 631.035, is 10.29 amended to read: 10.30 631.035 [JOINDER OF DEFENDANTS.] 10.31 Subdivision 1. [JOINDER OF DEFENDANTS.] Two or more 10.32 defendants may be jointly charged with a felony and triedshall 10.33 be presumptively tried together if they are alleged to have 10.34 participated in the same act or transaction or in the same 10.35 series of acts or transactions constituting an offense. The 10.36 defendants may be charged in one or more counts and shall be 11.1 presumptively tried together or separately and. However, all of 11.2 the defendants need not be charged in each count. 11.3 Subd. 2. [RELIEF FROM PREJUDICIAL JOINDER.] If it appears 11.4 that a defendant or the prosecution is prejudiced by a joinder 11.5 of defendants in a complaint or indictment or by joinder for 11.6 trial together, the court may, upon motion of the defendant or 11.7 the prosecutor, or the court's own motion, order an election or 11.8 separate trials of counts, grant a severance of defendants, or 11.9 provide whatever other relief justice requires. In making its 11.10 determination, the court shall consider the impact on the victim 11.11 and the cost to the criminal justice system. In ruling on a 11.12 motion by a defendant or the prosecutor for severance, the court 11.13 may order the prosecutor to deliver to the court for inspection 11.14 in camera any statements or confessions made by the defendants 11.15 which the prosecution intends to introduce in evidence at the 11.16 trial. The court shall also consider the use of a single trial 11.17 with multiple juries to avoid prejudice to any party. 11.18 Sec. 14. [631.036] [JOINDER OF OFFENSES.] 11.19 Unless severance is necessary to achieve a fair 11.20 determination of the defendant's guilt or innocence, upon motion 11.21 of the prosecutor, the court shall try in a single proceeding, 11.22 any charged crime appropriately venued that is related to 11.23 another charged crime in a manner such that the evidence of each 11.24 charged crime will be admissible at trial. 11.25 Sec. 15. [RULE SUPERSEDED.] 11.26 Minnesota Rules of Criminal Procedure, rule 17.03, is 11.27 superseded to the extent that it conflicts with section 13 or 14. 11.28 Sec. 16. [SENTENCING GUIDELINES COMMISSION.] 11.29 The sentencing guidelines commission is requested to not 11.30 assign Minnesota Statutes, section 609.499, a severity level. 11.31 Sec. 17. [APPROPRIATIONS.] 11.32 Subdivision 1. [PUBLIC SAFETY.] $....... for the fiscal 11.33 year ending June 30, 1998, and $....... for the fiscal year 11.34 ending June 30, 1999, is appropriated from the general fund to 11.35 the commissioner of public safety to administer the gang 11.36 prevention grant program described in section 3. 12.1 Subd. 2. [BUREAU OF CRIMINAL APPREHENSION.] $....... for 12.2 the fiscal year ending June 30, 1998, and $....... for the 12.3 fiscal year ending June 30, 1999, is appropriated from the 12.4 general fund to the superintendent of the bureau of criminal 12.5 apprehension for grants from the victim and witness protection 12.6 fund described in Minnesota Statutes, section 299C.065, 12.7 subdivision 1a. 12.8 Sec. 18. [REPEALER.] 12.9 Minnesota Statutes 1996, section 609.229, is repealed. 12.10 Sec. 19. [EFFECTIVE DATE.] 12.11 Sections 2 and 3 are effective July 1, 1997. Sections 4 to 12.12 15 and 18 are effective August 1, 1997, and apply to crimes 12.13 committed on or after that date.