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HF 3773

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 03/04/2008

Current Version - as introduced

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A bill for an act
 relating to crime; increasing penalties for gang-related crimes; amending
Minnesota Statutes 2006, section 609.229, subdivisions 3, 4.

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

Section 1.

Minnesota Statutes 2006, section 609.229, subdivision 3, is amended to read:


Subd. 3.

Penalty.

(a) If the crime committed in violation of subdivision 2 is a felony,
the statutory maximum for the crime is deleted text begin fivedeleted text end new text begin tennew text end years longer than the statutory maximum
for the underlying crime. If the crime committed in violation of subdivision 2 is a felony,
and the victim of the crime is a child under the age of 18 years, the statutory maximum for
the crime is deleted text begin tendeleted text end new text begin 20new text end years longer than the statutory maximum for the underlying crime.

(b) If the crime committed in violation of subdivision 2 is a misdemeanor, the person
is guilty of a gross misdemeanor.

(c) If the crime committed in violation of subdivision 2 is a gross misdemeanor, the
person is guilty of a felony and may be sentenced to imprisonment for not more than deleted text begin threedeleted text end new text begin
fivenew text end years or to payment of a fine of not more than $15,000, 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

Sec. 2.

Minnesota Statutes 2006, section 609.229, subdivision 4, is amended to read:


Subd. 4.

Mandatory minimum sentence.

(a) Unless a longer mandatory minimum
sentence is otherwise required by law, or 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 convicted of a crime described in subdivision 3, paragraph
(a), shall be committed to the custody of the commissioner of corrections for not less than
deleted text begin one year plus one daydeleted text end new text begin 24 monthsnew text end .

(b) Any person convicted and sentenced as required by paragraph (a) 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 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