HF 2733

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; requiring certain criminal justice 
  1.3             entities to report information to the legislature and 
  1.4             the public on charging and sentencing practices 
  1.5             concerning violent criminal offenders; proposing 
  1.6             coding for new law in Minnesota Statutes, chapter 244. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [244.115] [TRUTH IN CRIMINAL STATISTICS 
  1.9   REPORTING ACT.] 
  1.10     Subdivision 1.  [DEFINITION.] As used in this section, 
  1.11  "violent crime" means a violation of any of the following 
  1.12  provisions: 
  1.13     (1) section 609.185 (murder in the first degree), 609.19 
  1.14  (murder in the second degree), 609.195 (murder in the third 
  1.15  degree), 609.20 (manslaughter in the first degree), 609.205 
  1.16  (manslaughter in the second degree), 609.2661 (murder of an 
  1.17  unborn child in the first degree), 609.2662 (murder of an unborn 
  1.18  child in the second degree), 609.2663 (murder of an unborn child 
  1.19  in the third degree), 609.2664 (manslaughter of an unborn child 
  1.20  in the first degree), 609.2665 (manslaughter of an unborn child 
  1.21  in the second degree), 609.268, subdivision 1 (death of an 
  1.22  unborn child in the commission of a crime), or 609.687 
  1.23  (adulteration); 
  1.24     (2) section 609.342, subdivision 1, clauses (a) to (h) 
  1.25  (criminal sexual conduct in the first degree), 609.343, 
  1.26  subdivision 1, clauses (d) to (f) (forcible criminal sexual 
  2.1   conduct in the second degree), or 609.344, subdivision 1, 
  2.2   clauses (c) to (l) (forcible criminal sexual conduct in the 
  2.3   third degree); 
  2.4      (3) section 609.24 (simple robbery) or 609.245 (aggravated 
  2.5   robbery); or 
  2.6      (4) section 609.221 (assault in the first degree), 609.222 
  2.7   (assault in the second degree), 609.223 (assault in the third 
  2.8   degree), 609.2231 (assault in the fourth degree), 609.224 
  2.9   (assault in the fifth degree), 609.267 (assault of an unborn 
  2.10  child in the first degree), 609.2671 (assault of an unborn child 
  2.11  in the second degree), 609.2672 (assault of an unborn child in 
  2.12  the third degree), or 609.268, subdivision 2 (injury to an 
  2.13  unborn child in commission of crime), when any of these 
  2.14  violations involved demonstrable or greater bodily harm, or use 
  2.15  of a firearm or other dangerous weapon.  
  2.16     Subd. 2.  [ANNUAL REPORT REQUIRED ON DISPOSITION OF VIOLENT 
  2.17  CRIME ARRESTS.] (a) Beginning on July 1, 1998, every county 
  2.18  attorney shall collect and maintain the following information on 
  2.19  felony complaints within the county attorney's office in which 
  2.20  the defendant is alleged to have committed a violent crime: 
  2.21     (1) whether the case was charged, dismissed, or no 
  2.22  complaint was filed; 
  2.23     (2) whether the original charge was reduced to a lesser 
  2.24  charge; and 
  2.25     (3) whether the case resulted in a plea of guilty, a 
  2.26  conviction after trial, or an acquittal. 
  2.27     (b) No later than January 1 of each year, beginning on 
  2.28  January 1, 1999, the county attorney shall forward the 
  2.29  information collected under paragraph (a) during the previous 
  2.30  calendar year to the commissioner of public safety.  The 
  2.31  information shall be classified into the following four 
  2.32  categories:  homicide, criminal sexual conduct, robbery, and 
  2.33  assault.  The commissioner shall compile the information and 
  2.34  issue a report to the legislature and the public no later than 
  2.35  February 15 of each year summarizing, in the aggregate and on a 
  2.36  county-by-county basis, the information submitted under this 
  3.1   subdivision. 
  3.2      Subd. 3.  [ANNUAL REPORT REQUIRED ON SENTENCING OF VIOLENT 
  3.3   CRIMINALS.] By February 15 of each year, beginning on February 
  3.4   15, 1999, the sentencing guidelines commission, in conjunction 
  3.5   with the Minnesota supreme court, shall issue a report to the 
  3.6   legislature and the public containing sentencing information, in 
  3.7   the aggregate and on a county-by-county basis, on persons 
  3.8   convicted of a violent crime who were sentenced during the 
  3.9   previous year.  The report shall include the following 
  3.10  information on each offender: 
  3.11     (1) the offender's crime of conviction; 
  3.12     (2) the terms of the offender's sentence, including whether 
  3.13  the sentence was executed or stayed, the length of the 
  3.14  offender's term of imprisonment, if any, and the terms of the 
  3.15  offender's probation, if any, including the length of the 
  3.16  offender's probationary jail time; and 
  3.17     (3) whether the offender is known to have had a prior 
  3.18  conviction or delinquency adjudication for a violent crime in 
  3.19  Minnesota or elsewhere and, if so, the terms of the offender's 
  3.20  sentence or disposition for that prior offense. 
  3.21     Subd. 4.  [ANNUAL REPORT ON PRISON INMATES CONVICTED OF 
  3.22  VIOLENT CRIMES.] (a) By February 15 of each year, beginning on 
  3.23  February 15, 1999, the commissioner of corrections shall issue a 
  3.24  report to the legislature and the public containing sentencing 
  3.25  information on inmates who were convicted of a violent crime and 
  3.26  committed to the commissioner's custody during the preceding 
  3.27  year.  The report shall classify these inmates into the 
  3.28  following categories based on their current offense of 
  3.29  conviction:  homicide, criminal sexual conduct, robbery, and 
  3.30  assault.  For the inmates in each offense category, the report 
  3.31  shall provide a cross-tabulation of the median sentence imposed 
  3.32  and the median amount of time the inmates are expected to serve 
  3.33  in prison, by the number of prior convictions or delinquency 
  3.34  adjudications for any violent crime the inmates have on record. 
  3.35     (b) The commissioner also shall include information in the 
  3.36  report on all inmates committed to the commissioner's custody 
  4.1   during the preceding year.  This information shall include the 
  4.2   offense for which the inmate currently is committed and a 
  4.3   description of each inmate's prior record of felony-level 
  4.4   convictions or delinquency adjudications.