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HF 3394

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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Bill Text Versions

Engrossments
Introduction Posted on 02/25/2008

Current Version - as introduced

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A bill for an act
 relating to public safety; requiring a mandatory minimum prison sentence for
criminal vehicular homicide offenders; amending Minnesota Statutes 2007
Supplement, section 609.21, subdivision 1a.

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

Section 1.

Minnesota Statutes 2007 Supplement, section 609.21, subdivision 1a,
is amended to read:


Subd. 1a.

Criminal penaltiesnew text begin generally; mandatory minimum sentence for
criminal vehicular homicidenew text end .

(a) A person who violates subdivision 1 and causes
the death of a human being not constituting murder or manslaughter or the death of
an unborn child may be sentenced to imprisonment for not more than ten years or to
payment of a fine of not more than $20,000, or both.new text begin Unless a longer mandatory minimum
sentence is otherwise required by law, the court imposes a longer aggravated durational
departure, or a longer prison sentence is presumed under the Sentencing Guidelines and
imposed by the court, a person sentenced under this paragraph shall be committed to
the custody of the commissioner of corrections for not less than five years. Any person
convicted and sentenced as required by this paragraph is not eligible for probation, parole,
discharge, work release, or supervised release until that person has served the full term
of imprisonment as provided by law, notwithstanding the provisions of sections 242.19,
243.05, 244.04, 609.12, and 609.135.
new text end

(b) A person who violates subdivision 1 and causes great bodily harm to another not
constituting attempted murder or assault or great bodily harm to an unborn child who is
subsequently born alive may be sentenced to imprisonment for not more than five years or
to payment of a fine of not more than $10,000, or both.

(c) A person who violates subdivision 1 and causes substantial bodily harm to
another may be sentenced to imprisonment for not more than three years or to payment of
a fine of not more than $10,000, or both.

(d) A person who violates subdivision 1 and causes bodily harm to another may be
sentenced to imprisonment for not more than one year or to payment of a fine of not
more than $3,000, or both.

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