HF 2325

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to criminal justice; requiring mandatory 
  1.3             minimum penalties for repeat domestic assault 
  1.4             offenders; proposing coding for new law in Minnesota 
  1.5             Statutes, chapter 609. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [609.2243] [SENTENCING; REPEAT DOMESTIC 
  1.8   ASSAULT.] 
  1.9      Subdivision 1.  [GROSS MISDEMEANOR.] A person convicted of 
  1.10  gross misdemeanor domestic assault under section 609.2242, 
  1.11  subdivision 2, shall be sentenced to a minimum of 20 days 
  1.12  imprisonment, at least 96 hours of which must be served 
  1.13  consecutively. 
  1.14     Subd. 2.  [FELONY.] (a) Except as otherwise provided in 
  1.15  paragraph (b), in determining an appropriate disposition for 
  1.16  felony domestic assault under section 609.2242, subdivision 4, 
  1.17  the court shall presume that a stay of execution with at least a 
  1.18  45-day period of incarceration as a condition of probation shall 
  1.19  be imposed.  If the court imposes a stay of execution with a 
  1.20  period of incarceration as a condition of probation, at least 15 
  1.21  days must be served consecutively. 
  1.22     (b) If the defendant's criminal history score, determined 
  1.23  according to the sentencing guidelines, indicates a presumptive 
  1.24  executed sentence, that sentence shall be imposed unless the 
  1.25  court departs from the sentencing guidelines pursuant to section 
  2.1   244.10.  A stay of imposition of sentence under this paragraph 
  2.2   may be granted only if accompanied by a statement on the record 
  2.3   of the reasons for it. 
  2.4      Sec. 2.  [EFFECTIVE DATE.] 
  2.5      Section 1 is effective August 1, 1996, and applies to 
  2.6   crimes committed on or after that date.