HF 3051

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; creating a felony 
  1.3             penalty for criminal contempts involving failure to 
  1.4             obey certain subpoenas; increasing the penalty for 
  1.5             certain offenders who fail to appear for criminal 
  1.6             proceedings; amending Minnesota Statutes 1996, 
  1.7             sections 588.20; and 609.49, subdivision 1. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 588.20, is 
  1.10  amended to read: 
  1.11     588.20 [CRIMINAL CONTEMPTS.] 
  1.12     Subdivision 1.  [FELONY CONTEMPT.] (a) A person who 
  1.13  knowingly and willfully disobeys a subpoena lawfully issued in 
  1.14  relation to a crime of violence, as defined in section 609.11, 
  1.15  subdivision 9, with the intent to obstruct the criminal justice 
  1.16  process, is guilty of a felony and may be sentenced to 
  1.17  imprisonment for not more than five years or to payment of a 
  1.18  fine of not more than $10,000, or both. 
  1.19     (b) A charge brought under this subdivision must be 
  1.20  dismissed if the person voluntarily appears within 48 hours 
  1.21  after the time required for appearance on the subpoena and 
  1.22  reappears as directed by the court until discharged from the 
  1.23  subpoena by the court.  However, felony charges may be filed 
  1.24  before the expiration of the 48 hours.  This paragraph does not 
  1.25  apply if the person appears as a result of being located by law 
  1.26  enforcement authorities. 
  2.1      Subd. 2.  [MISDEMEANOR CONTEMPT.] Every person who shall 
  2.2   commit commits a contempt of court, of any one of the following 
  2.3   kinds, shall be is guilty of a misdemeanor: 
  2.4      (1) disorderly, contemptuous, or insolent behavior, 
  2.5   committed during the sitting of the court, in its immediate view 
  2.6   and presence, and directly tending to interrupt its proceedings, 
  2.7   or to impair the respect due to its authority; 
  2.8      (2) behavior of like character in the presence of a 
  2.9   referee, while actually engaged in a trial or hearing, pursuant 
  2.10  to an order of court, or in the presence of a jury while 
  2.11  actually sitting for the trial of a cause, or upon an inquest or 
  2.12  other proceeding authorized by law; 
  2.13     (3) breach of the peace, noise, or other disturbance 
  2.14  directly tending to interrupt the proceedings of a court, jury, 
  2.15  or referee; 
  2.16     (4) willful disobedience to the lawful process or other 
  2.17  mandate of a court other than the conduct described in 
  2.18  subdivision 1; 
  2.19     (5) resistance willfully offered to its lawful process or 
  2.20  other mandate other than the conduct described in subdivision 1; 
  2.21     (6) contumacious and unlawful refusal to be sworn as a 
  2.22  witness, or, after being sworn, to answer any legal and proper 
  2.23  interrogatory; 
  2.24     (7) publication of a false or grossly inaccurate report of 
  2.25  its proceedings; or 
  2.26     (8) willful failure to pay court-ordered child support when 
  2.27  the obligor has the ability to pay.  
  2.28     No person shall may be punished as herein provided in this 
  2.29  subdivision for publishing a true, full, and fair report of a 
  2.30  trial, argument, decision, or other court proceeding had in 
  2.31  court.  
  2.32     Sec. 2.  Minnesota Statutes 1996, section 609.49, 
  2.33  subdivision 1, is amended to read: 
  2.34     Subdivision 1.  [FELONY OFFENDERS.] (a) A person charged 
  2.35  with or convicted of a felony and released from custody, with or 
  2.36  without bail or recognizance, on condition that the releasee 
  3.1   personally appear when required with respect to the charge or 
  3.2   conviction, who intentionally fails to appear when required 
  3.3   after having been notified that a failure to appear for a court 
  3.4   appearance is a criminal offense, is guilty of a crime for 
  3.5   failure to appear and may be sentenced to imprisonment for not 
  3.6   more than one year or to payment of a fine of not more than 
  3.7   $3,000, or both. one-half the statutory maximum imprisonment or 
  3.8   fine or both provided for the underlying crime the person was 
  3.9   charged with or convicted of.  
  3.10     (b) A charge brought under this subdivision must be 
  3.11  dismissed if the person who fails to appear voluntarily 
  3.12  surrenders within 48 hours after the time required for 
  3.13  appearance.  However, felony charges may be filed before the 
  3.14  expiration of the 48 hours.  This paragraph does not apply if 
  3.15  the offender appears as a result of being located by law 
  3.16  enforcement authorities. 
  3.17     Sec. 3.  [EFFECTIVE DATE.] 
  3.18     Sections 1 and 2 are effective August 1, 1998, and apply to 
  3.19  crimes committed on or after that date.