HF 216

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/27/2023 04:30pm

A bill for an act
relating to public safety; requiring aggravated sentences for certain violent
offenders; requiring consecutive sentences for certain violent offenders; requiring
certain offenders to serve the entire announced sentence in custody; amending
Minnesota Statutes 2022, section 609.1095, subdivisions 2, 3, 4, by adding a
subdivision.

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

Section 1.

Minnesota Statutes 2022, section 609.1095, subdivision 2, is amended to read:

Subd. 2.

Increased sentences for dangerous offender who commits third violent
crime.

Whenever a person is convicted of a violent crime that is a felony, and the judge is
imposing an executed sentence based on a Sentencing Guidelines presumptive imprisonment
sentence, the judge deleted text begin may deleted text end new text begin must new text end impose an aggravated durational departure from the
presumptive imprisonment sentence up to the statutory maximum sentence if the offender
was at least 18 years old at the time the felony was committed, and:

(1) the court determines on the record at the time of sentencing that the offender has two
or more prior convictions for violent crimes; and

(2) the fact finder determines that the offender is a danger to public safety. The fact
finder may base its determination that the offender is a danger to public safety on the
following factors:

(i) the offender's past criminal behavior, such as the offender's high frequency rate of
criminal activity or juvenile adjudications, or long involvement in criminal activity including
juvenile adjudications; or

(ii) the fact that the present offense of conviction involved an aggravating factor that
would justify a durational departure under the Sentencing Guidelines.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2022, section 609.1095, subdivision 3, is amended to read:

Subd. 3.

Mandatory sentence for dangerous offender who commits third violent
felony.

(a) Unless a longer mandatory minimum sentence is otherwise required by law deleted text begin or
the court imposes a longer aggravated durational departure under subdivision 2 deleted text end , a person
who is convicted of a violent crime that is a felony must be committed to the commissioner
of corrections for a mandatory sentence of at least the length of the presumptive sentence
under the Sentencing Guidelines if new text begin :
new text end

new text begin (1) new text end the court determines on the record at the time of sentencing that the person has two
or more prior felony convictions for violent crimes deleted text begin . deleted text end new text begin ; and
new text end

new text begin (2) either of the following are true:
new text end

new text begin (i) the Sentencing Guidelines presumptive sentence does not presume an executed prison
sentence; or
new text end

new text begin (ii) the fact finder does not make the determination under subdivision 2, clause (2).
new text end

new text begin (b) new text end The court shall impose and execute the prison sentence regardless of whether the
guidelines presume an executed prison sentence.

deleted text begin Any person convicted and sentenced as required by this subdivision is not eligible for
probation, parole, discharge, or work release, until that person has served the full term of
imprisonment imposed by the court, notwithstanding sections 241.26, 242.19, 243.05,
244.04, 609.12, and 609.135.
deleted text end

deleted text begin (b) deleted text end new text begin (c) new text end For purposes of this subdivision, "violent crime" does not include a violation of
section 152.023 or 152.024.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2022, section 609.1095, subdivision 4, is amended to read:

Subd. 4.

Increased sentence for offender who commits sixth felony.

Whenever a
person is convicted of a felony, and the judge is imposing an executed sentence based on a
Sentencing Guidelines presumptive imprisonment sentence, the judge deleted text begin may deleted text end new text begin must new text end impose an
aggravated durational departure from the presumptive sentence up to the statutory maximum
sentence if the deleted text begin factfinder deleted text end new text begin fact finder new text end determines that the offender has five or more prior
felony convictions and that the present offense is a felony that was committed as part of a
pattern of criminal conduct.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2022, section 609.1095, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Consecutive sentences; release. new text end

new text begin (a) Any person convicted and sentenced as
required by this section must serve any imposed sentences consecutively to any unexpired
portion of a previously imposed sentence unless the total time to serve in prison would be
longer if a concurrent sentence were imposed.
new text end

new text begin (b) Notwithstanding sections 241.26, 242.19, 243.05, 244.04, 609.12, and 609.135, any
person convicted and sentenced as required by this section is not eligible for probation,
parole, discharge, or work release until that person has served the entire announced sentence
imposed by the court.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end