HF 3486

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crime prevention; specifying minimum 
  1.3             sentences for first through fourth degree criminal 
  1.4             sexual conduct crimes; amending Minnesota Statutes 
  1.5             2000, sections 609.342, subdivision 2; 609.343, 
  1.6             subdivision 2; 609.344, subdivision 2; 609.345, 
  1.7             subdivision 2. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 609.342, 
  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 30 years or to a 
  1.14  payment of a fine of not more than $40,000, or both. 
  1.15     (b) Unless a longer mandatory minimum sentence is otherwise 
  1.16  required authorized by law or the sentencing guidelines provide 
  1.17  for a longer presumptive executed sentence, the court shall 
  1.18  presume that an executed sentence of 144 months must be imposed 
  1.19  on an offender convicted of violating this section.  Sentencing 
  1.20  a person in a manner other than that described in this paragraph 
  1.21  is a departure from the sentencing guidelines. a person 
  1.22  convicted of violating subdivision 1 shall be committed to the 
  1.23  custody of the commissioner of corrections for not less than 144 
  1.24  months, nor more than the maximum penalty provided for the 
  1.25  offense. 
  1.26     (c) Except as otherwise provided in paragraph (d), prior to 
  2.1   the time of sentencing, the prosecutor may file a motion to have 
  2.2   the defendant sentenced without regard to the mandatory minimum 
  2.3   sentence established by this subdivision.  The motion shall be 
  2.4   accompanied by a statement on the record of the reasons for it.  
  2.5   When presented with the motion, or on its own motion, the court 
  2.6   may sentence the defendant without regard to the mandatory 
  2.7   minimum sentences established by this subdivision if the court 
  2.8   finds substantial and compelling reasons to do so.  A sentence 
  2.9   imposed under this paragraph is a departure from the sentencing 
  2.10  guidelines. 
  2.11     (d) The court may not, on its own motion or the 
  2.12  prosecutor's motion, sentence a defendant without regard to the 
  2.13  mandatory minimum sentence if the defendant previously has been 
  2.14  convicted of a violation of this section or section 609.343, 
  2.15  609.344, or 609.345. 
  2.16     (e) Nothing in this subdivision prevents a court from 
  2.17  granting a stay under subdivision 3. 
  2.18     Sec. 2.  Minnesota Statutes 2000, section 609.343, 
  2.19  subdivision 2, is amended to read: 
  2.20     Subd. 2.  [PENALTY.] (a) Except as otherwise provided in 
  2.21  section 609.109, a person convicted under subdivision 1 may be 
  2.22  sentenced to imprisonment for not more than 25 years or to a 
  2.23  payment of a fine of not more than $35,000, or both. 
  2.24     (b) Unless a longer mandatory minimum sentence is otherwise 
  2.25  authorized by law or the sentencing guidelines provide for a 
  2.26  longer presumptive executed sentence: 
  2.27     (i) a person convicted of violating subdivision 1, clause 
  2.28  (c), (d), (e), (f), or (h), shall be committed to the custody of 
  2.29  the commissioner of corrections for not less than 96 months, nor 
  2.30  more than the maximum penalty provided for the offense; and 
  2.31     (ii) a person convicted of violating subdivision 1, clause 
  2.32  (a), (b), or (g), shall be committed to the custody of the 
  2.33  commissioner of corrections for not less than 21 months, nor 
  2.34  more than the maximum penalty provided for the offense. 
  2.35     (c) Except as otherwise provided in paragraph (d), prior to 
  2.36  the time of sentencing, the prosecutor may file a motion to have 
  3.1   the defendant sentenced without regard to the mandatory minimum 
  3.2   sentences established by this subdivision.  The motion shall be 
  3.3   accompanied by a statement on the record of the reasons for it.  
  3.4   When presented with the motion, or on its own motion, the court 
  3.5   may sentence the defendant without regard to the mandatory 
  3.6   minimum sentences established by this subdivision if the court 
  3.7   finds substantial and compelling reasons to do so.  A sentence 
  3.8   imposed under this paragraph is a departure from the sentencing 
  3.9   guidelines. 
  3.10     (d) The court may not, on its own motion or the 
  3.11  prosecutor's motion, sentence a defendant without regard to the 
  3.12  mandatory minimum sentence if the defendant previously has been 
  3.13  convicted of a violation of this section or section 609.342, 
  3.14  609.344, or 609.345. 
  3.15     (e) Nothing in this subdivision prevents a court from 
  3.16  granting a stay under subdivision 3. 
  3.17     Sec. 3.  Minnesota Statutes 2000, section 609.344, 
  3.18  subdivision 2, is amended to read: 
  3.19     Subd. 2.  [PENALTY.] (a) A person convicted under 
  3.20  subdivision 1 may be sentenced to imprisonment for not more than 
  3.21  15 years or to a payment of a fine of not more than $30,000, or 
  3.22  both. 
  3.23     (b) Unless a longer mandatory minimum sentence is otherwise 
  3.24  authorized by law or the sentencing guidelines provide for a 
  3.25  longer presumptive executed sentence: 
  3.26     (i) a person convicted of violating subdivision 1, clause 
  3.27  (c), (d), (g), (h), (i), (j), (k), (l), or (m), shall be 
  3.28  committed to the custody of the commissioner of corrections for 
  3.29  not less than 84 months, nor more than the maximum penalty 
  3.30  provided for the offense; and 
  3.31     (ii) a person convicted of violating subdivision 1, clause 
  3.32  (b), (e), or (f), shall be committed to the custody of the 
  3.33  commissioner of corrections for not less than 18 months, nor 
  3.34  more than the maximum penalty provided for the offense. 
  3.35     (c) Except as otherwise provided in paragraph (d), prior to 
  3.36  the time of sentencing, the prosecutor may file a motion to have 
  4.1   the defendant sentenced without regard to the mandatory minimum 
  4.2   sentences established by this subdivision.  The motion shall be 
  4.3   accompanied by a statement on the record of the reasons for it.  
  4.4   When presented with the motion, or on its own motion, the court 
  4.5   may sentence the defendant without regard to the mandatory 
  4.6   minimum sentences established by this subdivision if the court 
  4.7   finds substantial and compelling reasons to do so.  A sentence 
  4.8   imposed under this paragraph is a departure from the sentencing 
  4.9   guidelines. 
  4.10     (d) The court may not, on its own motion or the 
  4.11  prosecutor's motion, sentence a defendant without regard to the 
  4.12  mandatory minimum sentence if the defendant previously has been 
  4.13  convicted of a violation of this section or section 609.342, 
  4.14  609.343, or 609.345. 
  4.15     (e) Nothing in this subdivision prevents a court from 
  4.16  granting a stay under subdivision 3. 
  4.17     Sec. 4.  Minnesota Statutes 2000, section 609.345, 
  4.18  subdivision 2, is amended to read: 
  4.19     Subd. 2.  [PENALTY.] (a) A person convicted under 
  4.20  subdivision 1 may be sentenced to imprisonment for not more than 
  4.21  ten years or to a payment of a fine of not more than $20,000, or 
  4.22  both. 
  4.23     (b) Unless a longer mandatory minimum sentence is otherwise 
  4.24  authorized by law or the sentencing guidelines provide for a 
  4.25  longer presumptive executed sentence: 
  4.26     (i) a person convicted of violating subdivision 1, clause 
  4.27  (c), (g), (h), (i), (j), (k), (l), or (m), shall be committed to 
  4.28  the custody of the commissioner of corrections for not less than 
  4.29  21 months, nor more than the maximum penalty provided for the 
  4.30  offense; and 
  4.31     (ii) a person convicted of violating subdivision 1, clause 
  4.32  (b), (e), or (f), shall be committed to the commissioner of 
  4.33  corrections for not less than 12 months, nor more than the 
  4.34  maximum penalty provided for the offense. 
  4.35     (c) Except as otherwise provided in paragraph (d), prior to 
  4.36  the time of sentencing, the prosecutor may file a motion to have 
  5.1   the defendant sentenced without regard to the mandatory minimum 
  5.2   sentences established by this subdivision.  The motion shall be 
  5.3   accompanied by a statement on the record of the reasons for it.  
  5.4   When presented with the motion, or on its own motion, the court 
  5.5   may sentence the defendant without regard to the mandatory 
  5.6   minimum sentences established by this subdivision if the court 
  5.7   finds substantial and compelling reasons to do so.  A sentence 
  5.8   imposed under this paragraph is a departure from the sentencing 
  5.9   guidelines. 
  5.10     (d) The court may not, on its own motion or the 
  5.11  prosecutor's motion, sentence a defendant without regard to the 
  5.12  mandatory minimum sentence if the defendant previously has been 
  5.13  convicted of a violation of this section or section 609.342, 
  5.14  609.343, or 609.344. 
  5.15     (e) Nothing in this subdivision prevents a court from 
  5.16  granting a stay under subdivision 3. 
  5.17     Sec. 5.  [EFFECTIVE DATE.] 
  5.18     Sections 1 to 4 are effective August 1, 2002, and apply to 
  5.19  crimes committed on or after that date.