HF 3413

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime; providing that any defendant 
  1.3             convicted a third time of certain felonies involving 
  1.4             use or possession of a firearm shall be sentenced to 
  1.5             an imprisonment penalty of no less than 20 years and 
  1.6             up to life imprisonment; amending Minnesota Statutes 
  1.7             1998, section 609.11, subdivision 5. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 609.11, 
  1.10  subdivision 5, is amended to read: 
  1.11     Subd. 5.  [FIREARM.] (a) Except as otherwise provided in 
  1.12  paragraph (b), any defendant convicted of an offense listed in 
  1.13  subdivision 9 in which the defendant or an accomplice, at the 
  1.14  time of the offense, had in possession or used, whether by 
  1.15  brandishing, displaying, threatening with, or otherwise 
  1.16  employing, a firearm, shall be committed to the commissioner of 
  1.17  corrections for not less than three years, nor more than the 
  1.18  maximum sentence provided by law.  Any defendant convicted of a 
  1.19  second or subsequent offense in which the defendant or an 
  1.20  accomplice, at the time of the offense, had in possession or 
  1.21  used a firearm shall be committed to the commissioner of 
  1.22  corrections for not less than five years, nor more than the 
  1.23  maximum sentence provided by law.  Any defendant convicted of a 
  1.24  third offense in which the defendant or an accomplice, at the 
  1.25  time of the offense, had in possession or used a firearm shall 
  1.26  be committed to the commissioner of corrections for not less 
  2.1   than 30 years and may be committed up to life imprisonment, 
  2.2   notwithstanding the statutory maximum imprisonment penalty 
  2.3   specified for the underlying felony offense in subdivision 9. 
  2.4      (b) Any defendant convicted of violating section 609.165 or 
  2.5   624.713, subdivision 1, clause (b), shall be committed to the 
  2.6   commissioner of corrections for not less than five years, nor 
  2.7   more than the maximum sentence provided by law.  
  2.8      Sec. 2.  [EFFECTIVE DATE.] 
  2.9      Section 1 is effective August 1, 1999, and applies to 
  2.10  crimes committed on or after that date.