HF 2159

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; providing increased sentence for 
  1.3             second violent crime offense; providing increased 
  1.4             sentence for third felony offense; recodifying laws 
  1.5             providing other increased and mandatory sentences; 
  1.6             providing criminal penalties; authorizing consecutive 
  1.7             sentences for felony offenses under certain 
  1.8             circumstances; providing for the tolling of a stay of 
  1.9             sentence while a defendant serves an executed, 
  1.10            consecutive sentence; directing the sentencing 
  1.11            guidelines commission to modify its policy on 
  1.12            permissive consecutive sentencing; making technical 
  1.13            changes; amending Minnesota Statutes 1996, sections 
  1.14            609.135, subdivision 7, and by adding a subdivision; 
  1.15            609.152; 609.347, subdivisions 1, 2, 3, 5, and 6; 
  1.16            609.348; and 631.045; proposing coding for new law in 
  1.17            Minnesota Statutes, chapter 609; repealing Minnesota 
  1.18            Statutes, sections 609.1352; and 609.346. 
  1.19  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.20                             ARTICLE 1
  1.21                 MANDATORY AND INCREASED SENTENCES
  1.22     Section 1.  [LEGISLATIVE PURPOSE.] 
  1.23     Sections 2 and 3 recodify and clarify current laws relating 
  1.24  to increased sentences for certain dangerous or repeat offenders 
  1.25  in order to relocate them near other laws with similar increased 
  1.26  sentences.  This recodification aims to unify these various 
  1.27  increased sentence provisions to facilitate their use and is not 
  1.28  intended to result in any substantive change in the recodified 
  1.29  sections. 
  1.30     Sec. 2.  [609.151] [MANDATORY INCREASED SENTENCES FOR 
  1.31  CERTAIN PATTERNED AND PREDATORY SEX OFFENDERS; NO PRIOR 
  1.32  CONVICTION REQUIRED.] 
  2.1      Subdivision 1.  [MANDATORY INCREASED SENTENCE.] (a) A court 
  2.2   shall commit a person to the commissioner of corrections for a 
  2.3   period of time that is not less than double the presumptive 
  2.4   sentence under the sentencing guidelines and not more than the 
  2.5   statutory maximum, or if the statutory maximum is less than 
  2.6   double the presumptive sentence, for a period of time that is 
  2.7   equal to the statutory maximum, if: 
  2.8      (1) the court is imposing an executed sentence, based on a 
  2.9   sentencing guidelines presumptive imprisonment sentence or a 
  2.10  dispositional departure for aggravating circumstances or a 
  2.11  mandatory minimum sentence, on a person convicted of committing 
  2.12  or attempting to commit a violation of section 609.342, 609.343, 
  2.13  609.344, or 609.345, or on a person convicted of committing or 
  2.14  attempting to commit any other crime listed in subdivision 2 if 
  2.15  it reasonably appears to the court that the crime was motivated 
  2.16  by the offender's sexual impulses or was part of a predatory 
  2.17  pattern of behavior that had criminal sexual conduct as its 
  2.18  goal; 
  2.19     (2) the court finds that the offender is a danger to public 
  2.20  safety; and 
  2.21     (3) the court finds that the offender needs long-term 
  2.22  treatment or supervision beyond the presumptive term of 
  2.23  imprisonment and supervised release.  The finding must be based 
  2.24  on a professional assessment by an examiner experienced in 
  2.25  evaluating sex offenders that concludes that the offender is a 
  2.26  patterned sex offender.  The assessment must contain the facts 
  2.27  upon which the conclusion is based, with reference to the 
  2.28  offense history of the offender or the severity of the current 
  2.29  offense, the social history of the offender, and the results of 
  2.30  an examination of the offender's mental status unless the 
  2.31  offender refuses to be examined.  The conclusion may not be 
  2.32  based on testing alone.  A patterned sex offender is one whose 
  2.33  criminal sexual behavior is so engrained that the risk of 
  2.34  reoffending is great without intensive psychotherapeutic 
  2.35  intervention or other long-term controls. 
  2.36     (b) The court shall consider imposing a sentence under this 
  3.1   section whenever a person is convicted of violating section 
  3.2   609.342 or 609.343. 
  3.3      Subd. 2.  [INCREASED STATUTORY MAXIMUM.] If the factfinder 
  3.4   determines, at the time of the trial or the guilty plea, that a 
  3.5   predatory offense was motivated by, committed in the course of, 
  3.6   or committed in furtherance of sexual contact or penetration, as 
  3.7   defined in section 609.341, and the court is imposing a sentence 
  3.8   under subdivision 1, the statutory maximum imprisonment penalty 
  3.9   for the offense is 40 years, notwithstanding the statutory 
  3.10  maximum imprisonment penalty otherwise provided for the offense. 
  3.11     Subd. 3.  [PREDATORY CRIME.] A predatory crime is a felony 
  3.12  violation of section 609.185, 609.19, 609.195, 609.20, 609.205, 
  3.13  609.221, 609.222, 609.223, 609.24, 609.245, 609.25, 609.255, 
  3.14  609.342, 609.343, 609.344, 609.345, 609.365, 609.498, 609.561, 
  3.15  or 609.582, subdivision 1. 
  3.16     Subd. 4.  [DANGER TO PUBLIC SAFETY.] The court shall base 
  3.17  its finding that the offender is a danger to public safety on 
  3.18  any of the following factors: 
  3.19     (1) the crime involved an aggravating factor that would 
  3.20  justify a durational departure from the presumptive sentence 
  3.21  under the sentencing guidelines; 
  3.22     (2) the offender previously committed or attempted to 
  3.23  commit a predatory crime or a violation of section 609.224 or 
  3.24  609.2242, including: 
  3.25     (i) an offense committed as a juvenile that would have been 
  3.26  a predatory crime or a violation of section 609.224 or 609.2242 
  3.27  if committed by an adult; or 
  3.28     (ii) a violation or attempted violation of a similar law of 
  3.29  any other state or the United States; or 
  3.30     (3) the offender planned or prepared for the crime prior to 
  3.31  its commission. 
  3.32     Subd. 5.  [DEPARTURE FROM GUIDELINES.] A sentence imposed 
  3.33  under subdivision 1 is a departure from the sentencing 
  3.34  guidelines. 
  3.35     Subd. 6.  [CONDITIONAL RELEASE.] At the time of sentencing 
  3.36  under subdivision 1, the court shall provide that after the 
  4.1   offender has completed the sentence imposed, less any good time 
  4.2   earned by an offender whose crime was committed before August 1, 
  4.3   1993, the commissioner of corrections shall place the offender 
  4.4   on conditional release for the remainder of the statutory 
  4.5   maximum period or for ten years, whichever is longer. 
  4.6      The conditions of release may include successful completion 
  4.7   of treatment and aftercare in a program approved by the 
  4.8   commissioner, satisfaction of the release conditions specified 
  4.9   in section 244.05, subdivision 6, and any other conditions the 
  4.10  commissioner considers appropriate.  Before the offender is 
  4.11  released, the commissioner shall notify the sentencing court, 
  4.12  the prosecutor in the jurisdiction where the offender was 
  4.13  sentenced, and the victim of the offender's crime, where 
  4.14  available, of the terms of the offender's conditional release.  
  4.15  If the offender fails to meet any condition of release, the 
  4.16  commissioner may revoke the offender's conditional release and 
  4.17  order that the offender serve all or a part of the remaining 
  4.18  portion of the conditional release term in prison.  The 
  4.19  commissioner shall not dismiss the offender from supervision 
  4.20  before the conditional release term expires. 
  4.21     Conditional release granted under this subdivision is 
  4.22  governed by provisions relating to supervised release, except as 
  4.23  otherwise provided in this subdivision, section 244.04, 
  4.24  subdivision 1, or 244.05. 
  4.25     Subd. 7.  [COMMISSIONER OF CORRECTIONS.] The commissioner 
  4.26  shall pay the cost of treatment of a person released under 
  4.27  subdivision 5.  This section does not require the commissioner 
  4.28  to accept or retain an offender in a treatment program. 
  4.29     Sec. 3.  [609.1511] [PRESUMPTIVE AND MANDATORY SENTENCES 
  4.30  FOR REPEAT SEX OFFENDERS.] 
  4.31     Subdivision 1.  [DEFINITION; CONVICTION OF OFFENSE.] For 
  4.32  purposes of this section, the term "offense" means a completed 
  4.33  offense or an attempt to commit an offense.  
  4.34     Subd. 2.  [PRESUMPTIVE EXECUTED SENTENCE.] Except as 
  4.35  provided in subdivision 3 or 4, if a person is convicted under 
  4.36  sections 609.342 to 609.345, within 15 years of a previous sex 
  5.1   offense conviction, the court shall commit the defendant to the 
  5.2   commissioner of corrections for not less than three years, nor 
  5.3   more than the maximum sentence provided by law for the offense 
  5.4   for which convicted, notwithstanding the provisions of sections 
  5.5   242.19, 243.05, 609.11, 609.12 and 609.135.  The court may stay 
  5.6   the execution of the sentence imposed under this subdivision 
  5.7   only if it finds that a professional assessment indicates the 
  5.8   offender is accepted by and can respond to treatment at a 
  5.9   long-term inpatient program exclusively treating sex offenders 
  5.10  and approved by the commissioner of corrections.  If the court 
  5.11  stays the execution of a sentence, it shall include the 
  5.12  following as conditions of probation:  (1) incarceration in a 
  5.13  local jail or workhouse; and (2) a requirement that the offender 
  5.14  successfully complete the treatment program and aftercare as 
  5.15  directed by the court. 
  5.16     Subd. 3.  [MANDATORY LIFE SENTENCE.] (a) The court shall 
  5.17  sentence a person to imprisonment for life, notwithstanding the 
  5.18  statutory maximum sentence under section 609.342, if: 
  5.19     (1) the person has been indicted by a grand jury under this 
  5.20  subdivision; 
  5.21     (2) the person is convicted under section 609.342; and 
  5.22     (3) the court determines on the record at the time of 
  5.23  sentencing that any of the following circumstances exists: 
  5.24     (i) the person has previously been sentenced under section 
  5.25  609.151; 
  5.26     (ii) the person has one previous sex offense conviction for 
  5.27  a violation of section 609.342, 609.343, or 609.344 that 
  5.28  occurred before August 1, 1989, for which the person was 
  5.29  sentenced to prison in an upward durational departure from the 
  5.30  sentencing guidelines that resulted in a sentence at least twice 
  5.31  as long as the presumptive sentence; or 
  5.32     (iii) the person has two previous sex offense convictions 
  5.33  under section 609.342, 609.343, or 609.344. 
  5.34     (b) Notwithstanding section 609.342, subdivision 3; and 
  5.35  subdivision 2 of this section, the court may not stay imposition 
  5.36  of the sentence required by this subdivision. 
  6.1      Subd. 4.  [MANDATORY 30-YEAR SENTENCE.] (a) The court shall 
  6.2   commit a person to the commissioner of corrections for not less 
  6.3   than 30 years, notwithstanding the statutory maximum sentence 
  6.4   under section 609.343, if: 
  6.5      (1) the person is convicted under section 609.342, 
  6.6   subdivision 1, clause (c), (d), (e), or (f); or 609.343, 
  6.7   subdivision 1, clause (c), (d), (e), or (f); and 
  6.8      (2) the court determines on the record at the time of 
  6.9   sentencing that:  
  6.10     (i) the crime involved an aggravating factor that would 
  6.11  provide grounds for an upward departure under the sentencing 
  6.12  guidelines other than the aggravating factor applicable to 
  6.13  repeat criminal sexual conduct convictions; and 
  6.14     (ii) the person has a previous sex offense conviction under 
  6.15  section 609.342, 609.343, or 609.344. 
  6.16     (b) Notwithstanding sections 609.342, subdivision 3; and 
  6.17  609.343, subdivision 3; and subdivision 2 of this section, the 
  6.18  court may not stay imposition or execution of the sentence 
  6.19  required by this subdivision. 
  6.20     Subd. 5.  [PREVIOUS SEX OFFENSE CONVICTIONS.] For the 
  6.21  purposes of this section, a conviction is considered a previous 
  6.22  sex offense conviction if the person was convicted of a sex 
  6.23  offense before the commission of the present offense of 
  6.24  conviction.  A person has two previous sex offense convictions 
  6.25  only if the person was convicted and sentenced for a sex offense 
  6.26  committed after the person was earlier convicted and sentenced 
  6.27  for a sex offense, both convictions preceded the commission of 
  6.28  the present offense of conviction, and 15 years have not elapsed 
  6.29  since the person was discharged from the sentence imposed for 
  6.30  the second conviction.  A "sex offense" is a violation of 
  6.31  sections 609.342 to 609.345 or any similar statute of the United 
  6.32  States, or this or any other state. 
  6.33     Subd. 6.  [MINIMUM DEPARTURE FOR SEX OFFENDERS.] The court 
  6.34  shall sentence a person to at least twice the presumptive 
  6.35  sentence recommended by the sentencing guidelines if: 
  6.36     (1) the person is convicted under section 609.342, 
  7.1   subdivision 1, clause (c), (d), (e), or (f); 609.343, 
  7.2   subdivision 1, clause (c), (d), (e), or (f); or 609.344, 
  7.3   subdivision 1, clause (c) or (d); and 
  7.4      (2) the court determines on the record at the time of 
  7.5   sentencing that the crime involved an aggravating factor that 
  7.6   would provide grounds for an upward departure under the 
  7.7   sentencing guidelines. 
  7.8      Subd. 7.  [CONDITIONAL RELEASE OF SEX OFFENDERS.] (a) 
  7.9   Notwithstanding the statutory maximum sentence otherwise 
  7.10  applicable to the offense or any provision of the sentencing 
  7.11  guidelines, when a court sentences a person to prison for a 
  7.12  violation of section 609.342, 609.343, 609.344, or 609.345, the 
  7.13  court shall provide that after the person has completed the 
  7.14  sentence imposed, the commissioner of corrections shall place 
  7.15  the person on conditional release.  If the person was convicted 
  7.16  for a violation of section 609.342, 609.343, 609.344, or 
  7.17  609.345, the person shall be placed on conditional release for 
  7.18  five years, minus the time the person served on supervised 
  7.19  release.  If the person was convicted for a violation of one of 
  7.20  those sections a second or subsequent time, or sentenced under 
  7.21  subdivision 4 to a mandatory departure, the person shall be 
  7.22  placed on conditional release for ten years, minus the time the 
  7.23  person served on supervised release. 
  7.24     (b) The conditions of release may include successful 
  7.25  completion of treatment and aftercare in a program approved by 
  7.26  the commissioner, satisfaction of the release conditions 
  7.27  specified in section 244.05, subdivision 6, and any other 
  7.28  conditions the commissioner considers appropriate.  If the 
  7.29  offender fails to meet any condition of release, the 
  7.30  commissioner may revoke the offender's conditional release and 
  7.31  order that the offender serve the remaining portion of the 
  7.32  conditional release term in prison.  The commissioner shall not 
  7.33  dismiss the offender from supervision before the conditional 
  7.34  release term expires. 
  7.35     Conditional release under this subdivision is governed by 
  7.36  provisions relating to supervised release, except as otherwise 
  8.1   provided in this subdivision; section 244.04, subdivision 1; or 
  8.2   244.05. 
  8.3      (c) The commissioner shall pay the cost of treatment of a 
  8.4   person released under this subdivision.  This section does not 
  8.5   require the commissioner to accept or retain an offender in a 
  8.6   treatment program. 
  8.7      Sec. 4.  Minnesota Statutes 1996, section 609.152, is 
  8.8   amended to read: 
  8.9      609.152 [INCREASED SENTENCES FOR CERTAIN DANGEROUS AND 
  8.10  REPEAT FELONY OFFENDERS.] 
  8.11     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
  8.12  the following terms have the meanings given.  
  8.13     (b) "Conviction" means any of the following accepted and 
  8.14  recorded by the court:  a plea of guilty, a verdict of guilty by 
  8.15  a jury, or a finding of guilty by the court.  The term includes 
  8.16  a conviction by any court in Minnesota or another jurisdiction.  
  8.17     (c) "Prior conviction" means a conviction that occurred 
  8.18  before the offender committed the next felony resulting in a 
  8.19  conviction and before the offense for which the offender is 
  8.20  being sentenced under this section. 
  8.21     (d) "Violent crime" means a violation of or an attempt or 
  8.22  conspiracy to violate any of the following laws of this state or 
  8.23  any similar laws of the United States or any other state:  
  8.24  section 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 
  8.25  609.21; 609.221; 609.222; 609.223; 609.228; 609.235; 609.24; 
  8.26  609.245; 609.25; 609.255; 609.2661; 609.2662; 609.2663; 
  8.27  609.2664; 609.2665; 609.267; 609.2671; 609.268; 609.342; 
  8.28  609.343; 609.344; 609.345; 609.498, subdivision 1; 609.561; 
  8.29  609.562; 609.582, subdivision 1; 609.66, subdivision 1e; 
  8.30  609.687; 609.855, subdivision 5; any provision of sections 
  8.31  609.229; 609.377; 609.378; 609.749; and 624.713 that is 
  8.32  punishable by a felony penalty; or any provision of chapter 152 
  8.33  that is punishable by a maximum sentence of 15 years or more. 
  8.34     Subd. 2.  [INCREASED SENTENCES; DANGEROUS OFFENDERS FOR 
  8.35  DANGEROUS OFFENDER WHO COMMITS A SECOND VIOLENT CRIME.] Whenever 
  8.36  a person is convicted of a violent crime that is a felony, and 
  9.1   the judge is imposing an executed sentence based on a sentencing 
  9.2   guidelines presumptive imprisonment sentence, the judge may 
  9.3   impose an aggravated durational departure from the presumptive 
  9.4   imprisonment sentence up to the statutory maximum sentence if 
  9.5   the offender was at least 18 years old at the time the felony 
  9.6   was committed, and: 
  9.7      (1) the court determines on the record at the time of 
  9.8   sentencing that the offender has two one or more prior 
  9.9   convictions for violent crimes; and 
  9.10     (2) the court finds that the offender is a danger to public 
  9.11  safety and specifies on the record the basis for the finding, 
  9.12  which may include: 
  9.13     (i) the offender's past criminal behavior, such as the 
  9.14  offender's high frequency rate of criminal activity or juvenile 
  9.15  adjudications, or long involvement in criminal activity 
  9.16  including juvenile adjudications; or 
  9.17     (ii) the fact that the present offense of conviction 
  9.18  involved an aggravating factor that would justify a durational 
  9.19  departure under the sentencing guidelines. 
  9.20     Subd. 2a.  [DANGEROUS REPEAT OFFENDERS; MANDATORY MINIMUM 
  9.21  SENTENCE FOR DANGEROUS OFFENDER WHO COMMITS A SECOND VIOLENT 
  9.22  FELONY.] Unless a longer mandatory minimum sentence is otherwise 
  9.23  required by law or the court imposes a longer aggravated 
  9.24  durational departure under subdivision 2, a person who is 
  9.25  convicted of a violent crime that is a felony must be committed 
  9.26  to the commissioner of corrections for a mandatory sentence of 
  9.27  at least the length of the presumptive sentence under the 
  9.28  sentencing guidelines if the court determines on the record at 
  9.29  the time of sentencing that the person has two one or more prior 
  9.30  felony convictions for violent crimes.  The court shall impose 
  9.31  and execute the prison sentence regardless of whether the 
  9.32  guidelines presume an executed prison sentence.  For purposes of 
  9.33  this subdivision, "violent crime" does not include a violation 
  9.34  of section 152.023 or 152.024.  Any person convicted and 
  9.35  sentenced as required by this subdivision is not eligible for 
  9.36  probation, parole, discharge, or work release, until that person 
 10.1   has served the full term of imprisonment as provided by law, 
 10.2   notwithstanding sections 241.26, 242.19, 243.05, 244.04, 609.12, 
 10.3   and 609.135. 
 10.4      Subd. 3.  [INCREASED SENTENCES; CAREER OFFENDERS FOR 
 10.5   OFFENDER WHO COMMITS A THIRD FELONY.] Whenever a person is 
 10.6   convicted of a felony, and the judge is imposing an executed 
 10.7   sentence based on a sentencing guidelines presumptive 
 10.8   imprisonment sentence, the judge may impose an aggravated 
 10.9   durational departure from the presumptive sentence up to the 
 10.10  statutory maximum sentence if the judge finds and specifies on 
 10.11  the record that the offender has more than four two prior felony 
 10.12  convictions and that the present offense is a felony that was 
 10.13  committed as part of a pattern of criminal conduct. 
 10.14     Sec. 5.  [REPEALER.] 
 10.15     Minnesota Statutes 1996, sections 609.1352; and 609.346, 
 10.16  are repealed. 
 10.17     Sec. 6.  [EFFECTIVE DATE.] 
 10.18     Sections 1 to 5 are effective August 1, 1997, and apply to 
 10.19  crimes committed on or after that date. 
 10.20                             ARTICLE 2
 10.21                       CONSECUTIVE SENTENCES
 10.22     Section 1.  Minnesota Statutes 1996, section 609.135, is 
 10.23  amended by adding a subdivision to read: 
 10.24     Subd. 2a.  [TOLLING OF STAY OF SENTENCE.] (a) When a court: 
 10.25     (1) sentences a defendant to serve an executed felony 
 10.26  sentence consecutively to a stayed felony sentence; or 
 10.27     (2) sentences a defendant to multiple, consecutive, stayed 
 10.28  felony sentences and subsequently revokes one of the stays of 
 10.29  sentence under section 609.14; 
 10.30  the running of the stay of sentence of the unexecuted sentence 
 10.31  shall be tolled while the defendant serves the executed 
 10.32  sentence.  The running of the stay of sentence shall recommence 
 10.33  when the defendant is discharged from the executed sentence. 
 10.34     (b) The defendant is not entitled to credit against the 
 10.35  stayed sentence for time served in confinement during the 
 10.36  consecutive executed sentence. 
 11.1      Sec. 2.  Minnesota Statutes 1996, section 609.135, 
 11.2   subdivision 7, is amended to read: 
 11.3      Subd. 7.  [DEMAND OF EXECUTION OF SENTENCE.] An offender 
 11.4   may not demand execution of sentence in lieu of a stay of 
 11.5   imposition or execution of sentence if the offender will serve 
 11.6   less than nine months at the state institution.  This 
 11.7   subdivision does not apply to an offender who will be serving 
 11.8   the sentence consecutively or concurrently with a previously 
 11.9   imposed executed felony sentence or in lieu of the tolling of a 
 11.10  stay of sentence under subdivision 2a. 
 11.11     Sec. 3.  [SENTENCING GUIDELINES MODIFICATION.] 
 11.12     The sentencing guidelines commission shall modify 
 11.13  sentencing guideline II.F. to permit courts to impose 
 11.14  consecutive sentences in any case in which: 
 11.15     (1) the defendant is sentenced for multiple current felony 
 11.16  offenses and the court stays imposition or execution of sentence 
 11.17  for all but one of the offenses; or 
 11.18     (2) the defendant, at the time of sentencing, is subject to 
 11.19  a prior felony sentence, the imposition or execution of which 
 11.20  was stayed. 
 11.21     A consecutive sentence imposed under this section is not a 
 11.22  departure from the sentencing guidelines. 
 11.23     Sec. 4.  [EFFECTIVE DATE.] 
 11.24     Sections 1 to 3 are effective August 1, 1997, and apply to 
 11.25  crimes committed on or after that date. 
 11.26                             ARTICLE 3
 11.27                        TECHNICAL AMENDMENTS
 11.28     Section 1.  [REVISOR'S INSTRUCTION.] 
 11.29     In each section of Minnesota Statutes referred to in column 
 11.30  A, the revisor of statutes shall delete the reference in column 
 11.31  B and insert the reference in column C. 
 11.32     Column A          Column B          Column C
 11.33  241.67, subd. 3      609.1352          609.151
 11.34  243.166, subd. 1.    609.1352          609.151
 11.35  244.04, subd. 1.     609.1352          609.151
 11.36  244.04, subd. 1.     609.346           609.1511
 12.1   244.05, subd. 1.     609.1352          609.151
 12.2   244.05, subd. 3.     609.1352          609.151
 12.3   244.05, subd. 4.     609.346           609.1511
 12.4   244.05, subd. 5.     609.346           609.1511
 12.5   244.05, subd. 6.     609.1352          609.151
 12.6   244.05, subd. 7.     609.1352          609.151
 12.7   244.08, subd. 1.     609.346           609.1511
 12.8   244.08, subd. 2.     609.346           609.1511
 12.9   609.1351             609.1352          609.151
 12.10  609.342, subd. 2.    609.346           609.1511
 12.11  609.342, subd. 3.    609.346           609.1511
 12.12  609.343, subd. 2.    609.346           609.1511
 12.13  609.345, subd. 3.    609.346           609.1511
 12.14  609.3461, subd. 1.   609.1352          609.151
 12.15  609.3461, subd. 2.   609.1352          609.151
 12.16     Sec. 2.  Minnesota Statutes 1996, section 609.347, 
 12.17  subdivision 1, is amended to read: 
 12.18     Subdivision 1.  In a prosecution under sections 609.1511 or 
 12.19  609.342 to 609.346 609.345, the testimony of a victim need not 
 12.20  be corroborated. 
 12.21     Sec. 3.  Minnesota Statutes 1996, section 609.347, 
 12.22  subdivision 2, is amended to read: 
 12.23     Subd. 2.  In a prosecution under sections 609.1511 or 
 12.24  609.342 to 609.346 609.345, there is no need to show that the 
 12.25  victim resisted the accused.  
 12.26     Sec. 4.  Minnesota Statutes 1996, section 609.347, 
 12.27  subdivision 3, is amended to read: 
 12.28     Subd. 3.  In a prosecution under sections 609.1511, 609.342 
 12.29  to 609.346 609.345, or 609.365, evidence of the victim's 
 12.30  previous sexual conduct shall not be admitted nor shall any 
 12.31  reference to such conduct be made in the presence of the jury, 
 12.32  except by court order under the procedure provided in 
 12.33  subdivision 4.  The evidence can be admitted only if the 
 12.34  probative value of the evidence is not substantially outweighed 
 12.35  by its inflammatory or prejudicial nature and only in the 
 12.36  circumstances set out in paragraphs (a) and (b).  For the 
 13.1   evidence to be admissible under paragraph (a), subsection (i), 
 13.2   the judge must find by a preponderance of the evidence that the 
 13.3   facts set out in the accused's offer of proof are true.  For the 
 13.4   evidence to be admissible under paragraph (a), subsection (ii) 
 13.5   or paragraph (b), the judge must find that the evidence is 
 13.6   sufficient to support a finding that the facts set out in the 
 13.7   accused's offer of proof are true, as provided under Rule 901 of 
 13.8   the Rules of Evidence. 
 13.9      (a) When consent of the victim is a defense in the case, 
 13.10  the following evidence is admissible: 
 13.11     (i) evidence of the victim's previous sexual conduct 
 13.12  tending to establish a common scheme or plan of similar sexual 
 13.13  conduct under circumstances similar to the case at issue.  In 
 13.14  order to find a common scheme or plan, the judge must find that 
 13.15  the victim made prior allegations of sexual assault which were 
 13.16  fabricated; and 
 13.17     (ii) evidence of the victim's previous sexual conduct with 
 13.18  the accused.  
 13.19     (b) When the prosecution's case includes evidence of semen, 
 13.20  pregnancy, or disease at the time of the incident or, in the 
 13.21  case of pregnancy, between the time of the incident and trial, 
 13.22  evidence of specific instances of the victim's previous sexual 
 13.23  conduct is admissible solely to show the source of the semen, 
 13.24  pregnancy, or disease. 
 13.25     Sec. 5.  Minnesota Statutes 1996, section 609.347, 
 13.26  subdivision 5, is amended to read: 
 13.27     Subd. 5.  In a prosecution under sections 609.1511 or 
 13.28  609.342 to 609.346 609.345, the court shall not instruct the 
 13.29  jury to the effect that: 
 13.30     (a) It may be inferred that a victim who has previously 
 13.31  consented to sexual intercourse with persons other than the 
 13.32  accused would be therefore more likely to consent to sexual 
 13.33  intercourse again; or 
 13.34     (b) The victim's previous or subsequent sexual conduct in 
 13.35  and of itself may be considered in determining the credibility 
 13.36  of the victim; or 
 14.1      (c) Criminal sexual conduct is a crime easily charged by a 
 14.2   victim but very difficult to disprove by an accused because of 
 14.3   the heinous nature of the crime; or 
 14.4      (d) The jury should scrutinize the testimony of the victim 
 14.5   any more closely than it should scrutinize the testimony of any 
 14.6   witness in any felony prosecution.  
 14.7      Sec. 6.  Minnesota Statutes 1996, section 609.347, 
 14.8   subdivision 6, is amended to read: 
 14.9      Subd. 6.  (a) In a prosecution under sections 609.1511 or 
 14.10  609.342 to 609.346 609.345 involving a psychotherapist and 
 14.11  patient, evidence of the patient's personal or medical history 
 14.12  is not admissible except when:  
 14.13     (1) the accused requests a hearing at least three business 
 14.14  days prior to trial and makes an offer of proof of the relevancy 
 14.15  of the history; and 
 14.16     (2) the court finds that the history is relevant and that 
 14.17  the probative value of the history outweighs its prejudicial 
 14.18  value.  
 14.19     (b) The court shall allow the admission only of specific 
 14.20  information or examples of conduct of the victim that are 
 14.21  determined by the court to be relevant.  The court's order shall 
 14.22  detail the information or conduct that is admissible and no 
 14.23  other evidence of the history may be introduced. 
 14.24     (c) Violation of the terms of the order is grounds for 
 14.25  mistrial but does not prevent the retrial of the accused.  
 14.26     Sec. 7.  Minnesota Statutes 1996, section 609.348, is 
 14.27  amended to read: 
 14.28     609.348 [MEDICAL PURPOSES; EXCLUSION.] 
 14.29     Sections 609.1511 and 609.342 to 609.346 609.345 do not 
 14.30  apply to sexual penetration or sexual contact when done for a 
 14.31  bona fide medical purpose. 
 14.32     Sec. 8.  Minnesota Statutes 1996, section 631.045, is 
 14.33  amended to read: 
 14.34     631.045 [EXCLUDING SPECTATORS FROM THE COURTROOM.] 
 14.35     At the trial of a complaint or indictment for a violation 
 14.36  of sections 609.1511, 609.341 to 609.346 609.345, or 617.246, 
 15.1   subdivision 2, when a minor under 18 years of age is the person 
 15.2   upon, with, or against whom the crime is alleged to have been 
 15.3   committed, the judge may exclude the public from the courtroom 
 15.4   during the victim's testimony or during all or part of the 
 15.5   remainder of the trial upon a showing that closure is necessary 
 15.6   to protect a witness or ensure fairness in the trial.  The judge 
 15.7   shall give the prosecutor, defendant and members of the public 
 15.8   the opportunity to object to the closure before a closure order. 
 15.9   The judge shall specify the reasons for closure in an order 
 15.10  closing all or part of the trial.  Upon closure the judge shall 
 15.11  only admit persons who have a direct interest in the case.  
 15.12     Sec. 9.  [EFFECTIVE DATE.] 
 15.13     Sections 1 to 8 are effective August 1, 1997, and apply to 
 15.14  crimes committed on or after that date.