1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
Engrossments | ||
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1st Engrossment | Posted on 08/14/1998 |
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.