HF 2264

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime; providing mandatory minimum 
  1.3             sentences for offenders convicted of certain criminal 
  1.4             sexual conduct crimes; amending Minnesota Statutes 
  1.5             2000, sections 609.342, subdivision 2; and 609.343, 
  1.6             subdivision 2. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 609.342, 
  1.9   subdivision 2, is amended to read: 
  1.10     Subd. 2.  [PENALTY.] (a) Except as otherwise provided in 
  1.11  section 609.109, a person convicted under subdivision 1 may be 
  1.12  sentenced to imprisonment for not more than 30 40 years or to a 
  1.13  payment of a fine of not more than $40,000, or both. 
  1.14     (b) Unless a longer mandatory minimum sentence is otherwise 
  1.15  required by law or the sentencing guidelines provide for a 
  1.16  longer presumptive executed sentence, the court shall presume 
  1.17  that an executed sentence of 144 240 months must be imposed on 
  1.18  an offender convicted of violating this section.  Sentencing a 
  1.19  person in a manner other than that described in this paragraph 
  1.20  is a departure from the sentencing guidelines. 
  1.21     (c) Any defendant convicted and sentenced as required by 
  1.22  this section is not eligible for probation, parole, discharge, 
  1.23  or supervised release until that person has served the full term 
  1.24  of imprisonment as provided by law, notwithstanding the 
  1.25  provisions of sections 241.26, 242.19, 243.05, 244.04, 609.12, 
  1.26  and 609.135. 
  2.1      Sec. 2.  Minnesota Statutes 2000, section 609.343, 
  2.2   subdivision 2, is amended to read: 
  2.3      Subd. 2.  [PENALTY.] (a) Except as otherwise provided in 
  2.4   section 609.109, a person convicted under subdivision 1 may be 
  2.5   sentenced to imprisonment for not more than 25 30 years or to a 
  2.6   payment of a fine of not more than $35,000, or both. 
  2.7      (b) Unless a longer mandatory minimum sentence is otherwise 
  2.8   required by law or the sentencing guidelines provide for a 
  2.9   longer presumptive executed sentence, the court shall presume 
  2.10  that an executed sentence of 180 months must be imposed on an 
  2.11  offender convicted of violating this section.  Sentencing a 
  2.12  person in a manner other than that described in this paragraph 
  2.13  is a departure from the sentencing guidelines. 
  2.14     (c) Any defendant convicted and sentenced as required by 
  2.15  this section is not eligible for probation, parole, discharge, 
  2.16  or supervised release until that person has served the full term 
  2.17  of imprisonment as provided by law, notwithstanding the 
  2.18  provisions of sections 241.26, 242.19, 243.05, 244.04, 609.12, 
  2.19  and 609.135. 
  2.20     Sec. 3.  [EFFECTIVE DATE.] 
  2.21     Sections 1 and 2 are effective August 1, 2001, and apply to 
  2.22  crimes committed on or after that date.