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HF 3471

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
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Bill Text Versions

Engrossments
Introduction Posted on 03/13/2006

Current Version - as introduced

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A bill for an act
 relating to public safety; enhancing penalties for crimes motivated by bias;
amending Minnesota Statutes 2004, sections 609.2231, subdivision 4; 609.595,
subdivision 1a; proposing coding for new law in Minnesota Statutes, chapter 609.

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

Section 1.

new text begin [609.154] INCREASED PENALTIES FOR CRIMES MOTIVATED
BY BIAS.
 new text end

new text begin Subdivision 1. new text end

new text begin Crimes motivated by bias. new text end

new text begin Notwithstanding the statutory maximum
penalty otherwise applicable to the offense, the court shall sentence a person as provided
under subdivision 2, if:
new text end

new text begin (1) the person is convicted of a crime under chapter 609; and
new text end

new text begin (2) the factfinder determines that the person committed the crime because of the
victim's, property owner's, or another's actual or perceived race, color, religion, sex,
sexual orientation, disability as defined in section 363A.03, age, or national origin.
new text end

new text begin Subd. 2. new text end

new text begin Penalties. new text end

new text begin (a) If the crime committed is a felony, the statutory maximum
for the crime is five years longer than the statutory maximum for the underlying crime.
new text end

new text begin (b) If the crime committed is a gross misdemeanor, the person is guilty of a felony
and may be sentenced to imprisonment for not more than two years or to payment of
a fine of not more than $10,000, or both.
new text end

new text begin (c) If the crime committed is a misdemeanor, the person is guilty of a gross
misdemeanor.
new text end

new text begin Subd. 3. new text end

new text begin Exception. new text end

new text begin This section does not apply to any crime if proof of the
victim's, property owner's, or another's actual or perceived race, religion, color, disability,
sexual orientation, disability as defined in section 363A.03, age, or national origin is
required for a conviction for that crime.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2004, section 609.2231, subdivision 4, is amended to read:


Subd. 4.

Assaults motivated by bias.

(a) Whoever assaults another because of the
victim's or another's actual or perceived race, color, religion, sex, sexual orientation,
disability as defined in section 363A.03, age, or national origin 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.

(b) Whoever violates the provisions of paragraph (a) within five years of a previous
conviction under paragraph (a) is guilty of a felony and may be sentenced to imprisonment
for not more than deleted text begin one year and a day ordeleted text end new text begin two years and new text end to payment of a fine of not more
than deleted text begin $3,000, or bothdeleted text end new text begin $10,000new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
 new text end

Sec. 3.

Minnesota Statutes 2004, section 609.595, subdivision 1a, is amended to read:


Subd. 1a.

Criminal damage to property in the second degree.

(a) Whoever
intentionally causes damage described in subdivision 2, paragraph (a), because of the
property owner's or another's actual or perceived race, color, religion, sex, sexual
orientation, disability as defined in section 363A.03, age, or national origin is guilty of a
felony and may be sentenced to imprisonment for not more than deleted text begin one year and a day deleted text end new text begin two
yearsnew text end new text begin new text end or to payment of a fine of not more than deleted text begin $3,000deleted text end new text begin $5,000new text end , or both.

(b) In any prosecution under paragraph (a), the value of property damaged by the
defendant in violation of that paragraph within any six-month period may be aggregated
and the defendant charged accordingly in applying this section. When two or more
offenses are committed by the same person in two or more counties, the accused may
be prosecuted in any county in which one of the offenses was committed for all of the
offenses aggregated under this paragraph.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end