HF 2404

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crime; including drive-by shooting crimes 
  1.3             in statutory definitions of "violent crime"; amending 
  1.4             Minnesota Statutes 1995 Supplement, sections 609.152, 
  1.5             subdivision 1; and 624.712, subdivision 5. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1995 Supplement, section 
  1.8   609.152, subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
  1.10  the following terms have the meanings given.  
  1.11     (b) "Conviction" means any of the following accepted and 
  1.12  recorded by the court:  a plea of guilty, a verdict of guilty by 
  1.13  a jury, or a finding of guilty by the court.  The term includes 
  1.14  a conviction by any court in Minnesota or another jurisdiction.  
  1.15     (c) "Prior conviction" means a conviction that occurred 
  1.16  before the offender committed the next felony resulting in a 
  1.17  conviction and before the offense for which the offender is 
  1.18  being sentenced under this section. 
  1.19     (d) "Violent crime" means a violation of or an attempt or 
  1.20  conspiracy to violate any of the following laws of this state or 
  1.21  any similar laws of the United States or any other state:  
  1.22  section 609.185; 609.19; 609.195; 609.20; 609.205; 609.21; 
  1.23  609.221; 609.222; 609.223; 609.228; 609.235; 609.24; 609.245; 
  1.24  609.25; 609.255; 609.2661; 609.2662; 609.2663; 609.2664; 
  1.25  609.2665; 609.267; 609.2671; 609.268; 609.342; 609.343; 609.344; 
  2.1   609.345; 609.498, subdivision 1; 609.561; 609.562; 609.582, 
  2.2   subdivision 1; 609.66, subdivision 1e; 609.687; 609.855, 
  2.3   subdivision 5; any provision of sections 609.229; 609.377; 
  2.4   609.378; and 609.749 that is punishable by a felony penalty; or 
  2.5   any provision of chapter 152 that is punishable by a maximum 
  2.6   sentence of 15 years or more. 
  2.7      Sec. 2.  Minnesota Statutes 1995 Supplement, section 
  2.8   624.712, subdivision 5, is amended to read: 
  2.9      Subd. 5.  [CRIME OF VIOLENCE.] "Crime of violence" includes 
  2.10  murder in the first, second, and third degrees, manslaughter in 
  2.11  the first and second degrees, aiding suicide, aiding attempted 
  2.12  suicide, felony violations of assault in the first, second, 
  2.13  third, and fourth degrees, assaults motivated by bias under 
  2.14  section 609.2231, subdivision 4, drive-by shootings, terroristic 
  2.15  threats, use of drugs to injure or to facilitate crime, crimes 
  2.16  committed for the benefit of a gang, commission of a crime while 
  2.17  wearing or possessing a bullet-resistant vest, simple robbery, 
  2.18  aggravated robbery, kidnapping, false imprisonment, criminal 
  2.19  sexual conduct in the first, second, third, and fourth degrees, 
  2.20  theft of a firearm, arson in the first and second degrees, riot, 
  2.21  burglary in the first, second, third, and fourth degrees, 
  2.22  harassment and stalking, shooting at a public transit vehicle or 
  2.23  facility, reckless use of a gun or dangerous weapon, 
  2.24  intentionally pointing a gun at or towards a human being, 
  2.25  setting a spring gun, and unlawfully owning, possessing, 
  2.26  operating a machine gun or short-barreled shotgun, and an 
  2.27  attempt to commit any of these offenses, as each of those 
  2.28  offenses is defined in chapter 609.  "Crime of violence" also 
  2.29  includes felony violations of the following:  malicious 
  2.30  punishment of a child; neglect or endangerment of a child; and 
  2.31  chapter 152. 
  2.32     Sec. 3.  [EFFECTIVE DATE.] 
  2.33     Sections 1 and 2 are effective August 1, 1996, and apply to 
  2.34  crimes committed on or after that date.