HF 2505

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; increasing the statutory 
  1.3             maximum for a drive-by shooting at an occupied motor 
  1.4             vehicle; directing the sentencing guidelines 
  1.5             commission to rank this type of drive-by shooting at a 
  1.6             higher severity level; amending Minnesota Statutes 
  1.7             1996, section 609.66, subdivision 1e. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 609.66, 
  1.10  subdivision 1e, is amended to read: 
  1.11     Subd. 1e.  [FELONY; DRIVE-BY SHOOTING.] (a) Whoever, while 
  1.12  in or having just exited from a motor vehicle, recklessly 
  1.13  discharges a firearm at or toward a person, another motor 
  1.14  vehicle, or a building is guilty of a felony and may be 
  1.15  sentenced to imprisonment for not more than three years or to 
  1.16  payment of a fine of not more than $6,000, or both.  If the 
  1.17  vehicle or building is occupied, the person may be sentenced to 
  1.18  imprisonment for not more than five years or to payment of a 
  1.19  fine of not more than $10,000, or both. 
  1.20     (b) Any person who violates this subdivision by firing into 
  1.21  or at an occupied motor vehicle may be sentenced to imprisonment 
  1.22  for not more than 20 years or to payment of a fine of not more 
  1.23  than $40,000, or both. 
  1.24     (c) For purposes of this subdivision, "motor vehicle" has 
  1.25  the meaning given in section 609.52, subdivision 1, and 
  1.26  "building" has the meaning given in section 609.581, subdivision 
  2.1   2. 
  2.2      Sec. 2.  [SENTENCING GUIDELINES.] 
  2.3      The sentencing guidelines commission shall rank a violation 
  2.4   of Minnesota Statutes, section 609.66, subdivision 1e, paragraph 
  2.5   (b), at severity level 8. 
  2.6      Sec. 3.  [EFFECTIVE DATE.] 
  2.7      Sections 1 and 2 are effective August 1, 1998, and apply to 
  2.8   crimes committed on or after that date.