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HF 3102

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
 relating to public safety; defining previous incidents of domestic abuse and
previous incidents of child abuse for murder in the first degree; expanding list
of predicate crimes involving domestic abuse for murder in the first degree;
amending Minnesota Statutes 2006, section 609.185.

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

Section 1.

Minnesota Statutes 2006, 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 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 peace officer or guard 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 deleted text begin a past patterndeleted text end new text begin previous incidentsnew text end 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 deleted text begin a past patterndeleted text end new text begin previous incidentsnew text end 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; or

(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.

(b) For purposes of paragraph (a), clause (5)deleted text begin ,deleted text end new text begin :
new text end

new text begin (1)new text end "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 609.713new text begin ; and
new text end

new text begin (2) "previous incidents of child abuse" means two or more acts of child abuse
occurring at any time before the death of the victim, proved by direct or circumstantial
evidence, whether or not resulting in charges, convictions, or juvenile findings or
adjudicationsnew text end .

(c) For purposes of paragraph (a), clause (6)deleted text begin ,deleted text end new text begin :
new text end

new text begin (1)new text end "domestic abuse" means an act that:

deleted text begin (1)deleted text end new text begin (i)new text end constitutes a violation of section new text begin 518B.01, subdivisions 14 and 22; new text end 609.221deleted text begin ,deleted text end new text begin ;new text end
609.222deleted text begin ,deleted text end new text begin ;new text end 609.223deleted text begin ,deleted text end new text begin ;new text end 609.224deleted text begin ,deleted text end new text begin ;new text end 609.2242deleted text begin ,deleted text end new text begin ; 609.2247; new text end 609.342deleted text begin ,deleted text end new text begin ;new text end 609.343deleted text begin ,deleted text end new text begin ;new text end 609.344deleted text begin ,deleted text end new text begin ;new text end
609.345deleted text begin ,deleted text end new text begin ;new text end 609.713deleted text begin ,deleted text end new text begin ; 609.749, subdivisions 3, 4, and 5;new text end or any similar laws of the United
States or any other state; and

deleted text begin (2)deleted text end new text begin (ii)new text end is committed against the victim who is a family or household member as
defined in section 518B.01, subdivision 2, paragraph (b)deleted text begin .deleted text end new text begin ; and
new text end

new text begin (2) "previous incidents of domestic abuse" means two or more acts of domestic
abuse occurring at any time before the death of the victim, proved by direct or
circumstantial evidence, whether or not resulting in charges, convictions, juvenile
findings, or adjudications.
 new text end

(d) 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, 2008, and applies to crimes
committed on or after that date.
 new text end