HF 3386

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes; requiring presumptive executed 
  1.3             sentences for persons convicted of certain criminal 
  1.4             sexual conduct offenses in the second degree; 
  1.5             clarifying payment of costs for criminal sexual 
  1.6             conduct medical examinations; amending Minnesota 
  1.7             Statutes 2000, sections 609.343, subdivision 2; 609.35.
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 609.343, 
  1.10  subdivision 2, is amended to read: 
  1.11     Subd. 2.  [PENALTY.] (a) Except as otherwise provided in 
  1.12  section 609.109, a person convicted under subdivision 1 may be 
  1.13  sentenced to imprisonment for not more than 25 years or to a 
  1.14  payment of a fine of not more than $35,000, or both. 
  1.15     (b) Unless a longer mandatory minimum sentence is otherwise 
  1.16  required by law or the sentencing guidelines provide for a 
  1.17  longer presumptive executed sentence, the court shall presume 
  1.18  that an executed sentence of 90 months must be imposed on an 
  1.19  offender convicted of violating subdivision 1, clause (c), (d), 
  1.20  (e), (f), or (h).  Sentencing a person in a manner other than 
  1.21  that described in this paragraph is a departure from the 
  1.22  sentencing guidelines. 
  1.23     Sec. 2.  Minnesota Statutes 2000, section 609.35, is 
  1.24  amended to read: 
  1.25     609.35 [COSTS OF MEDICAL EXAMINATION.] 
  1.26     No Costs incurred by a county, city, or private hospital or 
  2.1   other emergency medical facility or by a private physician for 
  2.2   the examination of a complainant of criminal sexual conduct when 
  2.3   the examination is performed for the purpose of gathering 
  2.4   evidence for possible prosecution, shall be charged directly or 
  2.5   indirectly to the complainant paid by the county in which the 
  2.6   alleged offense was committed.  The Reasonable costs of the 
  2.7   examination shall be paid by the county in which the alleged 
  2.8   offense was committed include, but are not limited to, full cost 
  2.9   of the rape kit examination, associated tests relating to the 
  2.10  complainant's sexually transmitted disease status and pregnancy 
  2.11  status prior to the assault.  Nothing in this section shall be 
  2.12  construed to limit the duties, responsibilities, or liabilities 
  2.13  of any insurer, whether public or private. 
  2.14     Sec. 3.  [EFFECTIVE DATE.] 
  2.15     Sections 1 and 2 are effective the day following final 
  2.16  enactment.