HF 2834

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/13/2023 10:12am

A bill for an act
relating to public safety; providing life imprisonment without release for certain
violent offenses when offender is at least five years older than minor victim;
amending Minnesota Statutes 2022, sections 609.106; 609.185.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 609.106, is amended to read:

609.106 HEINOUS CRIMES.

Subdivision 1.

Terms.

(a) As used in this section, new text begin the following terms have the meanings
given.
new text end

new text begin (b) new text end "Heinous crime" means:

(1) a violation or attempted violation of section 609.185 or 609.19;

(2) a violation of section 609.195 or 609.221; or

(3) a violation of section 609.342, 609.343, or 609.344, if the offense was committed
with force or violence.

new text begin (c) "Minor" means an individual under the age of 18 years.
new text end

deleted text begin (b) deleted text end new text begin (d) new text end "Previous conviction" means a conviction in Minnesota for a heinous crime or
a conviction elsewhere for conduct that would have been a heinous crime under this chapter
if committed in Minnesota. The term includes any conviction that occurred before the
commission of the present offense of conviction, but does not include a conviction if 15
years have elapsed since the person was discharged from the sentence imposed for the
offense.

Subd. 2.

Life without release.

The court shall sentence a person to life imprisonment
without possibility of release under the following circumstances:

(1) the person is convicted of first-degree murder under section 609.185, paragraph (a),
clause (1), (2), (4), deleted text begin or deleted text end (7) new text begin , or (8) new text end ;

(2) the person is convicted of committing first-degree murder in the course of a
kidnapping under section 609.185, paragraph (a), clause (3); deleted text begin or
deleted text end

(3) the person is convicted of first-degree murder under section 609.185, paragraph (a),
clause (3), (5), or (6), and the court determines on the record at the time of sentencing that
the person has one or more previous convictions for a heinous crime deleted text begin . deleted text end new text begin ;
new text end

new text begin (4) the person is convicted of second-degree murder of a minor under section 609.19,
subdivision 1, clause (1), and the person is at least 25 years old and five years older than the age of the minor;
or
new text end

new text begin (5) the person is convicted of first-degree assault of a minor under section 609.221,
subdivision 1, and the person is at least 25 years old and five years older than the age of the
minor.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2022, section 609.185, is amended to read:

609.185 MURDER IN THE FIRST DEGREE.

(a) Whoever does any of the following is guilty of murder in the first degree and shall
be sentenced to imprisonment for life:

(1) causes the death of a human being with premeditation and with intent to effect the
death of the person or of another;

(2) causes the death of a human being while committing or attempting to commit criminal
sexual conduct in the first or second degree with force or violence, either upon or affecting
the person or another;

(3) causes the death of a human being with intent to effect the death of the person or
another, while committing or attempting to commit burglary, aggravated robbery, kidnapping,
arson in the first or second degree, a drive-by shooting, tampering with a witness in the first
degree, escape from custody, or any felony violation of chapter 152 involving the unlawful
sale of a controlled substance;

(4) causes the death of a peace officer, prosecuting attorney, judge, or a guard employed
at a Minnesota state or local correctional facility, with intent to effect the death of that person
or another, while the person is engaged in the performance of official duties;

(5) causes the death of a minor while committing child abuse, when the perpetrator has
engaged in a past pattern of child abuse upon a child and the death occurs under
circumstances manifesting an extreme indifference to human life;

(6) causes the death of a human being while committing domestic abuse, when the
perpetrator has engaged in a past pattern of domestic abuse upon the victim or upon another
family or household member and the death occurs under circumstances manifesting an
extreme indifference to human life; deleted text begin or
deleted text end

(7) causes the death of a human being while committing, conspiring to commit, or
attempting to commit a felony crime to further terrorism and the death occurs under
circumstances manifesting an extreme indifference to human life deleted text begin . deleted text end new text begin ; or
new text end

new text begin (8) causes the death of a minor when the perpetrator is at least 25 years old and five
years older than the age of the minor.
new text end

(b) For the purposes of paragraph (a), clause (4), "prosecuting attorney" has the meaning
given in section 609.221, subdivision 2, paragraph (c), clause (4).

(c) For the purposes of paragraph (a), clause (4), "judge" has the meaning given in section
609.221, subdivision 2, paragraph (c), clause (5).

(d) For purposes of paragraph (a), clause (5), "child abuse" means an act committed
against a minor victim that constitutes a violation of the following laws of this state or any
similar laws of the United States or any other state: section 609.221; 609.222; 609.223;
609.224; 609.2242; 609.342; 609.343; 609.344; 609.345; 609.377; 609.378; or 609.713.

(e) For purposes of paragraph (a), clause (6), "domestic abuse" means an act that:

(1) constitutes a violation of section 609.221, 609.222, 609.223, 609.224, 609.2242,
609.342, 609.343, 609.344, 609.345, 609.713, or any similar laws of the United States or
any other state; and

(2) is committed against the victim who is a family or household member as defined in
section 518B.01, subdivision 2, paragraph (b).

(f) For purposes of paragraph (a), clause (7), "further terrorism" has the meaning given
in section 609.714, subdivision 1.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end