HF 3386

as introduced - 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; amending 
  1.5             Minnesota Statutes 2000, section 609.343, subdivision 
  1.6             2. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 609.343, 
  1.9   subdivision 2, is amended to read: 
  1.10     Subd. 2.  [PENALTY.] (a) Except as otherwise provided in 
  1.11  section 609.109, a person convicted under subdivision 1 may be 
  1.12  sentenced to imprisonment for not more than 25 years or to a 
  1.13  payment of a fine of not more than $35,000, or both. 
  1.14     (b) Unless a longer mandatory minimum sentence is otherwise 
  1.15  required by law or the sentencing guidelines provide for a 
  1.16  longer presumptive executed sentence, the court shall presume 
  1.17  that an executed sentence of 90 months must be imposed on an 
  1.18  offender convicted of violating subdivision 1, clause (c), (d), 
  1.19  (e), (f), or (h).  Sentencing a person in a manner other than 
  1.20  that described in this paragraph is a departure from the 
  1.21  sentencing guidelines. 
  1.22     Sec. 2.  [EFFECTIVE DATE.] 
  1.23     Section 1 is effective the day following final enactment.