HF 2016

as introduced - 91st Legislature (2019 - 2020) Posted on 03/04/2019 02:05pm

A bill for an act
relating to public safety; amending the fourth-degree assault crime; amending
Minnesota Statutes 2018, section 609.2231.

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

Section 1.

Minnesota Statutes 2018, section 609.2231, is amended to read:

609.2231 ASSAULT IN THE FOURTH DEGREE.

Subdivision 1.

Peace officers.

(a) As used in this subdivision, "peace officer" means a
person who is licensed under section 626.845, subdivision 1, and effecting a lawful arrest
or executing any other duty imposed by law.

(b) Whoever physically assaults a peace officer is guilty of a gross misdemeanor.

(c) Whoever commits either of the following acts against a peace officer is guilty of a
felony and may be sentenced to imprisonment for not more than three years or to payment
of a fine of not more than $6,000, or both: (1) physically assaults the officer if the assault
inflicts demonstrable bodily harm; or (2) intentionally throws or otherwise transfers bodily
fluids or feces at or onto the officer.

Subd. 2.

Firefighters and emergency medical personnel.

Whoever physically assaults
any of the following persons and inflicts demonstrable bodily harm on or intentionally
throws or otherwise transfers bodily fluids or feces at or onto a member of a municipal or
volunteer fire department or emergency medical services personnel unit in the performance
of the member's duties is guilty of a felony and may be sentenced to imprisonment for not
more than two years or to payment of a fine of not more than $4,000, or both:.

(1) a member of a municipal or volunteer fire department or emergency medical services
personnel unit in the performance of the member's duties; or

(2) a physician, nurse, or other person providing health care services in a hospital
emergency department.

Subd. 2a.

Certain Department of Natural Resources employees.

Whoever physically
assaults and inflicts demonstrable bodily harm on or intentionally throws or otherwise
transfers bodily fluids or feces at or onto an employee of the Department of Natural Resources
who is engaged in forest fire activities is guilty of a gross misdemeanor.

Subd. 3.

Correctional employees; prosecuting attorneys; judges; probation
officers.

Whoever commits either of the following acts against an employee of a correctional
facility as defined in section 241.021, subdivision 1, paragraph (f), against a prosecuting
attorney as defined in section 609.221, subdivision 2, paragraph (c), clause (4), against a
judge as defined in section 609.221, subdivision 2, paragraph (c), clause (5), or against a
probation or parole officer or other qualified person employed in supervising offenders
while the person is engaged in the performance of a duty imposed by law, policy, or rule is
guilty of a felony and may be sentenced to imprisonment for not more than two years or to
payment of a fine of not more than $4,000, or both:

(1) physically assaults the person and inflicts demonstrable bodily harm; or

(2) intentionally throws or otherwise transfers bodily fluids or feces at or onto the person.

Subd. 3a.

Secure treatment facility personnel.

(a) As used in this subdivision, "secure
treatment facility" includes facilities listed in sections 253B.02, subdivision 18a, and
253D.02, subdivision 13.

(b) Whoever, while committed under chapter 253D, Minnesota Statutes 2012, section
253B.185, or Minnesota Statutes 1992, section 526.10, commits either of the following acts
against an employee or other individual who provides care or treatment at a secure treatment
facility while the person is engaged in the performance of a duty imposed by law, policy,
or rule is guilty of a felony and may be sentenced to imprisonment for not more than two
years or to payment of a fine of not more than $4,000, or both:

(1) physically assaults the person and inflicts demonstrable bodily harm; or

(2) intentionally throws or otherwise transfers bodily fluids or feces at or onto the person.

(c) Whoever, while committed under section 253B.18, or admitted under the provision
of section 253B.10, subdivision 1, commits either of the following acts against an employee
or other individual who supervises and works directly with patients at a secure treatment
facility while the person is engaged in the performance of a duty imposed by law, policy,
or rule, is guilty of a felony and may be sentenced to imprisonment for not more than two
years or to payment of a fine of not more than $4,000, or both:

(1) physically assaults the person and inflicts demonstrable bodily harm; or

(2) intentionally throws or otherwise transfers urine, blood, semen, bodily fluids or feces
at or onto the person.

(d) The court shall commit a person convicted of violating paragraph (b) to the custody
of the commissioner of corrections for not less than one year and one day. The court may
not, on its own motion or the prosecutor's motion, sentence a person without regard to this
paragraph. A person convicted and sentenced as required by this paragraph is not eligible
for probation, parole, discharge, work release, or supervised release, until that person has
served the full term of imprisonment as provided by law, notwithstanding the provisions of
sections 241.26, 242.19, 243.05, 244.04, 609.12, and 609.135.

(e) Notwithstanding the statutory maximum sentence provided in paragraph (b), when
a court sentences a person to the custody of the commissioner of corrections for a violation
of paragraph (b), the court shall provide that after the person has been released from prison,
the commissioner shall place the person on conditional release for five years. The terms of
conditional release are governed by sections 244.05 and 609.3455, subdivision 6, 7, or 8;
and Minnesota Statutes 2004, section 609.109.

Subd. 4.

Assaults motivated by bias.

(a) Whoever assaults or intentionally throws or
otherwise transfers bodily fluids or feces at or onto another because of the victim's or
another's actual or perceived race, color, religion, sex, sexual orientation, disability as defined
in section 363A.03, age, or national origin may be sentenced to imprisonment for not more
than one year or to payment of a fine of not more than $3,000, or both is guilty of a gross
misdemeanor.

(b) Whoever violates the provisions of paragraph (a) within five years of a previous
conviction under paragraph (a) is guilty of a felony and may be sentenced to imprisonment
for not more than one year and a day or to payment of a fine of not more than $3,000, or
both.

Subd. 5.

School official.

Whoever physically assaults and inflicts demonstrable bodily
harm on or intentionally throws or otherwise transfers bodily fluids or feces at or onto a
school official while the official is engaged in the performance of the official's duties, and
inflicts demonstrable bodily harm, is guilty of a gross misdemeanor. As used in this
subdivision, "school official" includes teachers, school administrators, and other employees
of a public or private school.

Subd. 6.

Public employees with mandated duties.

A person is guilty of a gross
misdemeanor who:

(1) physically assaults and inflicts demonstrable bodily harm on or intentionally throws
or otherwise transfers bodily fluids or feces at or onto an agricultural inspector, occupational
safety and health investigator, child protection worker, public health nurse, or animal control
officer, or probation or parole officer while the employee is engaged in the performance of
a duty mandated by law, court order, or ordinance; and

(2) knows that the victim is a public employee engaged in the performance of the official
public duties of the office; and

(3) inflicts demonstrable bodily harm.

Subd. 7.

Community crime prevention group members.

(a) A person is guilty of a
gross misdemeanor who:

(1) physically assaults and inflicts demonstrable bodily harm on or intentionally throws
or otherwise transfers bodily fluids or feces at or onto a community crime prevention group
member while the member is engaged in neighborhood patrol; and

(2) should reasonably know that the victim is a community crime prevention group
member engaged in neighborhood patrol; and

(3) inflicts demonstrable bodily harm.

(b) As used in this subdivision, "community crime prevention group" means a community
group focused on community safety and crime prevention that:

(1) is organized for the purpose of discussing community safety and patrolling community
neighborhoods for criminal activity;

(2) is designated and trained by the local law enforcement agency as a community crime
prevention group; or

(3) interacts with local law enforcement regarding community safety issues.

Subd. 8.

Vulnerable adults.

(a) As used in this subdivision, "vulnerable adult" has the
meaning given in section 609.232, subdivision 11.

(b) Whoever physically assaults and inflicts demonstrable bodily harm on or intentionally
throws or otherwise transfers bodily fluids or feces at or onto a vulnerable adult, knowing
or having reason to know that the person is a vulnerable adult, is guilty of a gross
misdemeanor.

Subd. 9.

Reserve officer.

A person is guilty of a gross misdemeanor who:

(1) physically assaults and inflicts demonstrable bodily harm on or intentionally throws
or otherwise transfers bodily fluids or feces at or onto a reserve officer as defined in section
626.84, subdivision 1, paragraph (e), who is engaged in the performance of official public
duties at the direction of, under the control of, or on behalf of a peace officer or supervising
law enforcement officer or agency; and

(2) should reasonably know that the victim is a reserve officer engaged in the performance
of official public duties of the peace officer, or supervising law enforcement officer or
agency.

Subd. 10.

Utility and postal service employees and contractors.

(a) A person is guilty
of a gross misdemeanor who:

(1) physically assaults and inflicts demonstrable bodily harm on or intentionally throws
or otherwise transfers bodily fluids or feces at or onto an employee or contractor of a utility
or the United States Postal Service while the employee or contractor is engaged in the
performance of the employee's or contractor's duties; and

(2) should reasonably know that the victim is an employee or contractor of a utility or
the postal service who is:

(i) performing duties of the victim's employment; or

(ii) fulfilling the victim's contractual obligations; and

(3) inflicts demonstrable bodily harm.

(b) As used in this subdivision, "utility" has the meaning given it in section 609.594,
subdivision 1, clause (3).

Subd. 11.

Transit operators.

(a) A person is guilty of a gross misdemeanor if (1) the
person assaults a transit operator, or intentionally throws or otherwise transfers bodily fluids
at or onto a transit operator; and (2) the transit operator is acting in the course of the operator's
duties and is operating a transit vehicle, aboard a transit vehicle, or otherwise responsible
for a transit vehicle. A person convicted under this paragraph may be sentenced to
imprisonment for not more than one year or to payment of a fine of not more than $3,000,
or both.

(b) For the purposes of this subdivision, "transit operator" means a driver or operator of
a transit vehicle that is used to provide any of the following services:

(1) public transit, as defined in section 174.22, subdivision 7;

(2) light rail transit service;

(3) special transportation service under section 473.386, whether provided by the
Metropolitan Council or by other providers under contract with the council; or

(4) commuter rail service.

Subd. 12.

Hospital emergency room personnel.

Whoever physically assaults and
inflicts demonstrable bodily harm on or intentionally throws or otherwise transfers bodily
fluids or feces at or onto a physician, nurse, or other person providing health care services
in a hospital emergency department is guilty of a felony and may be sentenced to
imprisonment for not more than two years or to payment of a fine of not more than $4,000,
or both.

EFFECTIVE DATE.

This section is effective August 1, 2019, and applies to crimes
committed on or after that date.