HF 3123

as introduced - 88th Legislature (2013 - 2014) Posted on 03/17/2014 01:59pm

A bill for an act
relating to public safety; adjusting criminal sentences for certain controlled
substance offenses; amending Minnesota Statutes 2012, sections 152.01,
subdivision 16a; 152.021, subdivisions 1, 2; 152.022, subdivisions 1, 2; 152.023,
subdivisions 1, 2; 244.09, subdivisions 2, 3, 11; proposing coding for new law in
Minnesota Statutes, chapter 152.

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

Section 1.

Minnesota Statutes 2012, section 152.01, subdivision 16a, is amended to read:

Subd. 16a.

Subsequent controlled substance conviction.

deleted text begin Notwithstanding section
152.18, subdivision 1, deleted text end A "subsequent controlled substance conviction" means that before
commission of the offense for which the person is convicted under this chapter, the person
deleted text begin received a disposition for a felony-level offense under section 152.18, subdivision 1, deleted text end was
convicted in Minnesota of a felony violation of this chapter or a felony-level attempt or
conspiracy to violate this chapter, or was convicted elsewhere for conduct that would have
been a felony under this chapter if committed in Minnesota. An deleted text begin earlier disposition for a
felony-level offense under section 152.18, subdivision 1, or an deleted text end earlier conviction is not
relevant if ten years have elapsed since discharge from sentence or stay of adjudication. new text begin A
disposition under section 152.18, subdivision 1, is not a subsequent controlled substance
conviction.
new text end

Sec. 2.

Minnesota Statutes 2012, section 152.021, subdivision 1, is amended to read:

Subdivision 1.

Sale crimes.

A person is guilty of controlled substance crime in
the first degree if:

(1) on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures of a total weight of deleted text begin ten deleted text end new text begin 20 new text end grams or more containing cocaine, heroin, or
methamphetamine;

(2) on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures of a total weight of deleted text begin 50 deleted text end new text begin 100 new text end grams or more containing a narcotic drug
other than cocaine, heroin, or methamphetamine;

(3) on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures of a total weight of deleted text begin 50 deleted text end new text begin 100 new text end grams or more containing amphetamine,
phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units,
equaling 200 or more dosage units; or

(4) on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures of a total weight of deleted text begin 50 deleted text end new text begin 100 new text end kilograms or more containing marijuana or
Tetrahydrocannabinols, or one or more mixtures of a total weight of deleted text begin 25 deleted text end new text begin 50 new text end kilograms or
more containing marijuana or Tetrahydrocannabinols in a school zone, a park zone, a
public housing zone, or a drug treatment facility.

Sec. 3.

Minnesota Statutes 2012, section 152.021, subdivision 2, is amended to read:

Subd. 2.

Possession crimes.

(a) A person is guilty of a controlled substance crime
in the first degree if:

(1) the person unlawfully possesses one or more mixtures of a total weight of deleted text begin 25 deleted text end new text begin 50
new text end grams or more containing cocaine, heroin, or methamphetamine;

(2) the person unlawfully possesses one or more mixtures of a total weight of deleted text begin 500
grams deleted text end new text begin one kilogram new text end or more containing a narcotic drug other than cocaine, heroin, or
methamphetamine;

(3) the person unlawfully possesses one or more mixtures of a total weight of deleted text begin 500
grams deleted text end new text begin one kilogram new text end or more containing amphetamine, phencyclidine, or hallucinogen
or, if the controlled substance is packaged in dosage units, equaling deleted text begin 500 deleted text end new text begin 1,000 new text end or more
dosage units; deleted text begin or
deleted text end

(4) the person unlawfully possesses one or more mixtures of a total weight of 100
kilograms or more containing marijuana or Tetrahydrocannabinols new text begin ; or
new text end

new text begin (5) the person unlawfully possesses 200 or more marijuana plants. This clause
does not limit the power of the state to punish a person for conduct that constitutes a
crime under other laws of this state new text end .

(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
not be considered in measuring the weight of a mixture except in cases where the mixture
contains four or more fluid ounces of fluid.

Sec. 4.

Minnesota Statutes 2012, section 152.022, subdivision 1, is amended to read:

Subdivision 1.

Sale crimes.

A person is guilty of controlled substance crime
in the second degree if:

(1) on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures of a total weight of deleted text begin three deleted text end new text begin six new text end grams or more containing cocaine, heroin,
or methamphetamine;

(2) on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures of a total weight of deleted text begin ten deleted text end new text begin 20 new text end grams or more containing a narcotic drug
other than cocaine, heroin, or methamphetamine;

(3) on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures of a total weight of deleted text begin ten deleted text end new text begin 20 new text end grams or more containing amphetamine,
phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units,
equaling deleted text begin 50 deleted text end new text begin 100 new text end or more dosage units;

(4) on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures of a total weight of deleted text begin 25 deleted text end new text begin 50 new text end kilograms or more containing marijuana or
Tetrahydrocannabinols;

(5) the person unlawfully sells any amount of a Schedule I or II narcotic drug to a
person under the age of 18, or conspires with or employs a person under the age of 18 to
unlawfully sell the substance; or

(6) the person unlawfully sells any of the following in a school zone, a park zone, a
public housing zone, or a drug treatment facility:

(i) any amount of a Schedule I or II narcotic drug, lysergic acid diethylamide (LSD),
3,4-methylenedioxy amphetamine, or 3,4-methylenedioxymethamphetamine;

(ii) one or more mixtures containing methamphetamine or amphetamine; or

(iii) one or more mixtures of a total weight of five kilograms or more containing
marijuana or Tetrahydrocannabinols.

Sec. 5.

Minnesota Statutes 2012, section 152.022, subdivision 2, is amended to read:

Subd. 2.

Possession crimes.

(a) A person is guilty of controlled substance crime
in the second degree if:

(1) the person unlawfully possesses one or more mixtures of a total weight of deleted text begin six deleted text end new text begin 12
new text end grams or more containing cocaine, heroin, or methamphetamine;

(2) the person unlawfully possesses one or more mixtures of a total weight of deleted text begin 50 deleted text end new text begin 100
new text end grams or more containing a narcotic drug other than cocaine, heroin, or methamphetamine;

(3) the person unlawfully possesses one or more mixtures of a total weight of deleted text begin 50
deleted text end new text begin 100 new text end grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the
controlled substance is packaged in dosage units, equaling deleted text begin 100 deleted text end new text begin 200 new text end or more dosage units; deleted text begin or
deleted text end

(4) the person unlawfully possesses one or more mixtures of a total weight of deleted text begin 50 deleted text end new text begin 100
new text end kilograms or more containing marijuana or Tetrahydrocannabinols new text begin ; or
new text end

new text begin (5) the person unlawfully possesses 100 or more marijuana plants. This clause
does not limit the power of the state to punish a person for conduct that constitutes a
crime under other laws of this state new text end .

(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
not be considered in measuring the weight of a mixture except in cases where the mixture
contains four or more fluid ounces of fluid.

Sec. 6.

Minnesota Statutes 2012, section 152.023, subdivision 1, is amended to read:

Subdivision 1.

Sale crimes.

A person is guilty of controlled substance crime in
the third degree if:

(1) the person unlawfully sells one or more mixtures containing a narcotic drug;

(2) on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures containing phencyclidine or hallucinogen, it is packaged in dosage units,
and equals deleted text begin ten deleted text end new text begin 20 new text end or more dosage units;

(3) the person unlawfully sells one or more mixtures containing a controlled
substance classified in Schedule I, II, or III, except a Schedule I or II narcotic drug, to a
person under the age of 18;

(4) the person conspires with or employs a person under the age of 18 to unlawfully
sell one or more mixtures containing a controlled substance listed in Schedule I, II, or III,
except a Schedule I or II narcotic drug; or

(5) on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures of a total weight of deleted text begin five deleted text end new text begin ten new text end kilograms or more containing marijuana or
Tetrahydrocannabinols.

Sec. 7.

Minnesota Statutes 2012, section 152.023, subdivision 2, is amended to read:

Subd. 2.

Possession crimes.

(a) A person is guilty of controlled substance crime in
the third degree if:

(1) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures of a total weight of deleted text begin three deleted text end new text begin six new text end grams or more containing cocaine,
heroin, or methamphetamine;

(2) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures of a total weight of deleted text begin ten deleted text end new text begin 20 new text end grams or more containing a narcotic drug
other than cocaine, heroin, or methamphetamine;

(3) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures containing a narcotic drug, it is packaged in dosage units, and
equals deleted text begin 50 deleted text end new text begin 100 new text end or more dosage units;

(4) on one or more occasions within a 90-day period the person unlawfully
possesses any amount of a schedule I or II narcotic drug or five or more dosage
units of lysergic acid diethylamide (LSD), 3,4-methylenedioxy amphetamine, or
3,4-methylenedioxymethamphetamine in a school zone, a park zone, a public housing
zone, or a drug treatment facility;

(5) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures of a total weight of deleted text begin ten deleted text end new text begin 20 new text end kilograms or more containing marijuana
or Tetrahydrocannabinols; deleted text begin or
deleted text end

(6) new text begin on one or more occasions with a 90-day period the person unlawfully possesses
50 or more marijuana plants. This clause does not limit the power of the state to punish a
person for conduct that constitutes a crime under other laws of this state; or
new text end

new text begin (7) new text end the person unlawfully possesses one or more mixtures containing
methamphetamine or amphetamine in a school zone, a park zone, a public housing zone,
or a drug treatment facility.

(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
not be considered in measuring the weight of a mixture except in cases where the mixture
contains four or more fluid ounces of fluid.

Sec. 8.

new text begin [152.0215] AGGRAVATED CONTROLLED SUBSTANCE CRIME.
new text end

new text begin Subdivision 1. new text end

new text begin Offense. new text end

new text begin A person is guilty of a felony if:
new text end

new text begin (1) on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures of a total weight of 100 grams or more containing cocaine, heroin, or
methamphetamine;
new text end

new text begin (2) on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures of a total weight of 500 grams or more containing a narcotic drug other
than cocaine, heroin, or methamphetamine;
new text end

new text begin (3) on one or more occasions within a 90-day period the person unlawfully sells
one or more mixtures of a total weight of 500 grams or more containing amphetamine,
phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units,
equaling 1,000 or more dosage units;
new text end

new text begin (4) on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures of a total weight of 500 kilograms or more containing marijuana or
Tetrahydrocannabinols; or
new text end

new text begin (5) the person unlawfully possesses 750 or more marijuana plants. This clause
does not limit the power of the state to punish a person for conduct that constitutes a
crime under other laws of this state.
new text end

new text begin Subd. 2. new text end

new text begin Penalty. new text end

new text begin (a) A person convicted under subdivision 1 may be sentenced
to imprisonment for not more than 40 years or to payment of a fine of not more than
$5,000,000, or both.
new text end

new text begin (b) If the conviction is a subsequent controlled substance conviction, a person
convicted under subdivision 1 shall be committed to the commissioner of corrections for
not less than ten years nor more than 50 years and, in addition, may be sentenced to
payment of a fine of not more than $10,000,000.
new text end

new text begin (c) In a prosecution under subdivision 1 involving sales by the same person in two or
more counties within a 90-day period, the person may be prosecuted for all of the sales in
any county in which one of the sales occurred.
new text end

Sec. 9.

Minnesota Statutes 2012, section 244.09, subdivision 2, is amended to read:

Subd. 2.

Members.

The Sentencing Guidelines Commission shall consist of the
following:

(1) the chief justice of the Supreme Court or a designee;

(2) one judge of the Court of Appeals, appointed by the chief justice of the Supreme
Court;

(3) one district court judge appointed by the chief justice of the Supreme Court;

(4) one public defender appointed by the governor upon recommendation of the
state public defender;

(5) one county attorney appointed by the governor upon recommendation of the
board of directors of the Minnesota County Attorneys Association;

(6) the commissioner of corrections or a designee;

(7) one peace officer as defined in section 626.84 appointed by the governor;

(8) one probation officer or parole officer appointed by the governor; and

(9) three public members appointed by the governor, one of whom shall be a victim
of a crime defined as a felony.

When an appointing authority selects individuals for membership on the
commission, the authority shall make reasonable efforts to appoint qualified members of
protected groups, as defined in section 43A.02, subdivision 33.

One of the new text begin public new text end members shall be designated by the governor as chair of the
commission.

Sec. 10.

Minnesota Statutes 2012, section 244.09, subdivision 3, is amended to read:

Subd. 3.

Appointment terms.

Each appointed member shall be appointed for
four years and shall continue to serve during that time as long as the member occupies
the position which made the member eligible for the appointment. Each member shall
continue in office until a successor is duly appointed. Members shall be eligible for
reappointment, and appointment may be made to fill an unexpired term. deleted text begin The term of any
member appointed or reappointed by the governor before the first Monday in January
1991 expires on that date. The term of any member appointed or reappointed by the
governor after the first Monday in January 1991 is coterminous with the governor. deleted text end new text begin The
terms of members appointed by the governor on January 1, 2015, shall be staggered, so as
four members shall be appointed for four years, and three members shall be appointed
for two years. Members appointed by the chief justice of the Supreme Court shall be
appointed to four-year terms. new text end The members of the commission shall elect any additional
officers necessary for the efficient discharge of their duties.

Sec. 11.

Minnesota Statutes 2012, section 244.09, subdivision 11, is amended to read:

Subd. 11.

Modification.

The commission shall meet as necessary for the purpose
of modifying and improving the guidelines. new text begin To assist in establishing and modifying
guidelines sentences and ranking crimes proportionally, the commission shall develop
objective criteria based upon:
new text end

new text begin (1) the interest protected by a particular statute; and
new text end

new text begin (2) the types of harm targeted by the statute and the level of potential harm that
results from violations of the subdivisions of the statute.
new text end

new text begin The commission shall assign a numerical score to each criterion. The commission
may develop separate criteria for controlled substance and criminal sexual conduct crimes.
The criteria and scores assigned to specific crimes based on the criteria will not be binding
on the commission, but the commission must articulate the reasons for ranking a particular
crime outside the scope of the criteria. The criteria must be presented to the legislature
by January 15, 2015. new text end Any modification which amends the Sentencing Guidelines grid,
including severity levels and criminal history scores, or which would result in the
reduction of any sentence or in the early release of any inmate, with the exception of a
modification mandated or authorized by the legislature or relating to a crime created or
amended by the legislature in the preceding session, shall be submitted to the legislature
by January 15 of any year in which the commission wishes to make the change and shall
be effective on August 1 of that year, unless the legislature by law provides otherwise. All
other modifications shall take effect according to the procedural rules of the commission.
On or before January 15 of each year, the commission shall submit a written report to the
committees of the senate and the house of representatives with jurisdiction over criminal
justice policy that identifies and explains all modifications made during the preceding 12
months and all proposed modifications that are being submitted to the legislature that year.