HF 2569

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention and public safety; 
  1.3             increasing the statutory maximum sentences for sex and 
  1.4             sex-related offenses; creating the crime of criminal 
  1.5             sexual conduct in the sixth degree; modifying the 
  1.6             patterned and predatory offender sentencing law; 
  1.7             amending Minnesota Statutes 2002, sections 609.108, 
  1.8             subdivisions 1, 3; 609.109, subdivision 7; 609.341, by 
  1.9             adding a subdivision; 609.342, subdivision 2; 609.343, 
  1.10            subdivision 2; 609.344, subdivision 2; 609.345, 
  1.11            subdivision 2; proposing coding for new law in 
  1.12            Minnesota Statutes, chapter 609; repealing Minnesota 
  1.13            Statutes 2002, section 609.108, subdivision 2.  
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 2002, section 609.108, 
  1.16  subdivision 1, is amended to read: 
  1.17     Subdivision 1.  [MANDATORY INCREASED SENTENCE.] (a) A court 
  1.18  shall commit a person to the commissioner of corrections for a 
  1.19  period of time that is not less than double the presumptive 
  1.20  sentence under the Sentencing Guidelines and not more than the 
  1.21  statutory maximum, or if the statutory maximum is less than 
  1.22  double the presumptive sentence, for a period of time that is 
  1.23  equal to the statutory maximum, if: 
  1.24     (1) the court is imposing an executed sentence, based on a 
  1.25  Sentencing Guidelines presumptive imprisonment sentence or a 
  1.26  dispositional departure for aggravating circumstances or a 
  1.27  mandatory minimum sentence, on a person convicted of committing 
  1.28  or attempting to commit a violation of section 609.342, 609.343, 
  1.29  609.344, or 609.345, or on a person convicted of committing or 
  2.1   attempting to commit any other crime listed in subdivision 3 if 
  2.2   it reasonably appears to the court that the crime was motivated 
  2.3   by the offender's sexual impulses or was part of a predatory 
  2.4   pattern of behavior that had criminal sexual conduct as its goal 
  2.5   609.3453; 
  2.6      (2) the court finds that the offender is a danger to public 
  2.7   safety; and 
  2.8      (3) the court finds that the offender needs long-term 
  2.9   treatment or supervision beyond the presumptive term of 
  2.10  imprisonment and supervised release.  The finding must be based 
  2.11  on a professional assessment by an examiner experienced in 
  2.12  evaluating sex offenders that concludes that the offender is a 
  2.13  patterned sex offender.  The assessment must contain the facts 
  2.14  upon which the conclusion is based, with reference to the 
  2.15  offense history of the offender or the severity of the current 
  2.16  offense, the social history of the offender, and the results of 
  2.17  an examination of the offender's mental status unless the 
  2.18  offender refuses to be examined.  The conclusion may not be 
  2.19  based on testing alone.  A patterned sex offender is one whose 
  2.20  criminal sexual behavior is so engrained that the risk of 
  2.21  reoffending is great without intensive psychotherapeutic 
  2.22  intervention or other long-term controls. 
  2.23     (b) The court shall consider imposing a sentence under this 
  2.24  section whenever a person is convicted of violating section 
  2.25  609.342 or 609.343. 
  2.26     Sec. 2.  Minnesota Statutes 2002, section 609.108, 
  2.27  subdivision 3, is amended to read: 
  2.28     Subd. 3.  [PREDATORY CRIME.] A predatory crime is a felony 
  2.29  violation of section 609.185, 609.19, 609.195, 609.20, 609.205, 
  2.30  609.221, 609.222, 609.223, 609.24, 609.245, 609.25, 609.255, 
  2.31  609.342, 609.343, 609.344, 609.345, 609.365, 609.498, 609.561, 
  2.32  or 609.582, subdivision 1.  As used in this section, "predatory 
  2.33  crime" has the meaning given in section 609.341, subdivision 22. 
  2.34     Sec. 3.  Minnesota Statutes 2002, section 609.109, 
  2.35  subdivision 7, is amended to read: 
  2.36     Subd. 7.  [CONDITIONAL RELEASE OF SEX OFFENDERS.] (a) 
  3.1   Notwithstanding the statutory maximum sentence otherwise 
  3.2   applicable to the offense or any provision of the Sentencing 
  3.3   Guidelines, when a court sentences a person to prison for a 
  3.4   violation of section 609.342, 609.343, 609.344, or 609.345, or 
  3.5   609.3453, the court shall provide that after the person has 
  3.6   completed the sentence imposed, the commissioner of corrections 
  3.7   shall place the person on conditional release.  
  3.8      If the person was convicted for a violation of section 
  3.9   609.342, 609.343, 609.344, or 609.345, or 609.3453, the person 
  3.10  shall be placed on conditional release for five years, minus the 
  3.11  time the person served on supervised release.  
  3.12     If the person was convicted for a violation of one of those 
  3.13  sections after a previous sex offense conviction as defined in 
  3.14  subdivision 5, or sentenced under subdivision 6 to a mandatory 
  3.15  departure, the person shall be placed on conditional release for 
  3.16  ten years, minus the time the person served on supervised 
  3.17  release. 
  3.18     (b) The conditions of release may include successful 
  3.19  completion of treatment and aftercare in a program approved by 
  3.20  the commissioner, satisfaction of the release conditions 
  3.21  specified in section 244.05, subdivision 6, and any other 
  3.22  conditions the commissioner considers appropriate.  If the 
  3.23  offender fails to meet any condition of release, the 
  3.24  commissioner may revoke the offender's conditional release and 
  3.25  order that the offender serve the remaining portion of the 
  3.26  conditional release term in prison.  The commissioner shall not 
  3.27  dismiss the offender from supervision before the conditional 
  3.28  release term expires. 
  3.29     Conditional release under this subdivision is governed by 
  3.30  provisions relating to supervised release, except as otherwise 
  3.31  provided in this subdivision, section 244.04, subdivision 1, or 
  3.32  244.05. 
  3.33     (c) The commissioner shall pay the cost of treatment of a 
  3.34  person released under this subdivision.  This section does not 
  3.35  require the commissioner to accept or retain an offender in a 
  3.36  treatment program. 
  4.1      Sec. 4.  Minnesota Statutes 2002, section 609.341, is 
  4.2   amended by adding a subdivision to read: 
  4.3      Subd. 22.  [PREDATORY CRIME.] "Predatory crime" means a 
  4.4   felony violation of section 609.185, 609.19, 609.195, 609.20, 
  4.5   609.205, 609.221, 609.222, 609.223, 609.24, 609.245, 609.25, 
  4.6   609.255, 609.365, 609.498, 609.561, or 609.582, subdivision 1.  
  4.7      Sec. 5.  Minnesota Statutes 2002, section 609.342, 
  4.8   subdivision 2, is amended to read: 
  4.9      Subd. 2.  [PENALTY.] (a) Except as otherwise provided in 
  4.10  section 609.109, a person convicted under subdivision 1 may be 
  4.11  sentenced to imprisonment for not more than 30 60 years or to a 
  4.12  payment of a fine of not more than $40,000, or both. 
  4.13     (b) Unless a longer mandatory minimum sentence is otherwise 
  4.14  required by law or the Sentencing Guidelines provide for a 
  4.15  longer presumptive executed sentence, the court shall presume 
  4.16  that an executed sentence of 144 months must be imposed on an 
  4.17  offender convicted of violating this section.  Sentencing a 
  4.18  person in a manner other than that described in this paragraph 
  4.19  is a departure from the Sentencing Guidelines.  
  4.20     Sec. 6.  Minnesota Statutes 2002, section 609.343, 
  4.21  subdivision 2, is amended to read: 
  4.22     Subd. 2.  [PENALTY.] (a) Except as otherwise provided in 
  4.23  section 609.109, a person convicted under subdivision 1 may be 
  4.24  sentenced to imprisonment for not more than 25 60 years or to a 
  4.25  payment of a fine of not more than $35,000, or both. 
  4.26     (b) Unless a longer mandatory minimum sentence is otherwise 
  4.27  required by law or the Sentencing Guidelines provide for a 
  4.28  longer presumptive executed sentence, the court shall presume 
  4.29  that an executed sentence of 90 months must be imposed on an 
  4.30  offender convicted of violating subdivision 1, clause (c), (d), 
  4.31  (e), (f), or (h).  Sentencing a person in a manner other than 
  4.32  that described in this paragraph is a departure from the 
  4.33  Sentencing Guidelines.  
  4.34     Sec. 7.  Minnesota Statutes 2002, section 609.344, 
  4.35  subdivision 2, is amended to read: 
  4.36     Subd. 2.  [PENALTY.] A person convicted under subdivision 1 
  5.1   may be sentenced to imprisonment for not more than 15 60 years 
  5.2   or to a payment of a fine of not more than $30,000, or both. 
  5.3      Sec. 8.  Minnesota Statutes 2002, section 609.345, 
  5.4   subdivision 2, is amended to read: 
  5.5      Subd. 2.  [PENALTY.] A person convicted under subdivision 1 
  5.6   may be sentenced to imprisonment for not more than ten 60 years 
  5.7   or to a payment of a fine of not more than $20,000, or both. 
  5.8      Sec. 9.  [609.3453] [CRIMINAL SEXUAL CONDUCT IN THE SIXTH 
  5.9   DEGREE.] 
  5.10     Subdivision 1.  [CRIME DEFINED.] A person is guilty of 
  5.11  criminal sexual conduct in the sixth degree if the person 
  5.12  commits a predatory crime that was motivated by the offender's 
  5.13  sexual impulses or was part of a predatory pattern of behavior 
  5.14  that had criminal sexual conduct as its goal.  
  5.15     Subd. 2.  [PENALTY.] A person convicted under subdivision 1 
  5.16  may be sentenced to imprisonment for not more than 60 years or 
  5.17  to payment of a fine of not more than $20,000, or both.  
  5.18     Sec. 10.  [REVISOR'S INSTRUCTION.] 
  5.19     The revisor of statutes shall renumber Minnesota Statutes, 
  5.20  section 609.3452, as Minnesota Statutes, section 609.3455.  In 
  5.21  addition, the revisor shall delete the reference in Minnesota 
  5.22  Statutes, section 13.871, subdivision 3, paragraph (d), to 
  5.23  Minnesota Statutes, section 609.3452, and insert a reference to 
  5.24  Minnesota Statutes, section 609.3455.  
  5.25     Sec. 11.  [REPEALER.] 
  5.26     Minnesota Statutes 2002, section 609.108, subdivision 2, is 
  5.27  repealed. 
  5.28     Sec. 12.  [EFFECTIVE DATE.] 
  5.29     Sections 1 to 11 are effective August 1, 2004, and apply to 
  5.30  crimes committed on or after that date.