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HF 3894

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/10/2022 05:18pm

KEY: stricken = removed, old language.
underscored = added, new language.
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Bill Text Versions

Engrossments
Introduction Posted on 03/03/2022

Current Version - as introduced

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A bill for an act
 relating to public safety; prohibiting courts from sentencing a person without regard
to the mandatory minimum sentence applicable to certain designated crimes
involving firearms; amending Minnesota Statutes 2020, section 609.11, subdivision
8.

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

Section 1.

Minnesota Statutes 2020, section 609.11, subdivision 8, is amended to read:


Subd. 8.

Motion by prosecutor.

(a) Except as otherwise provided in deleted text begin paragraphsdeleted text end
new text begin paragraph new text end (b) deleted text begin and (c)deleted text end , prior to the time of sentencing, the prosecutor may file a motion to
have the defendant sentenced without regard to the mandatory minimum deleted text begin sentencesdeleted text end new text begin sentence
new text end established deleted text begin by this sectiondeleted text end new text begin in subdivision 4new text end . The motion shall be accompanied by a statement
on the record of the reasons for it. When presented with the motion, or on its own motion,
the court may sentence the defendant without regard to the mandatory minimum deleted text begin sentencesdeleted text end
new text begin sentence new text end established deleted text begin by this sectiondeleted text end new text begin in subdivision 4 new text end if the court finds substantial and
compelling reasons to do so. A sentence imposed under this subdivision is a departure from
the Sentencing Guidelines.

(b) The court may not, on its own motion or the prosecutor's motion, sentence a defendant
without regard to the mandatory minimum deleted text begin sentencesdeleted text end new text begin sentence new text end established deleted text begin by this sectiondeleted text end
new text begin in subdivision 4 new text end if the defendant previously has been convicted of an offense listed in
subdivision 9 in which the defendant used or possessed a firearm or other dangerous weapon.

deleted text begin (c) The court may not, on its own motion or the prosecutor's motion, sentence a defendant
without regard to the mandatory minimum sentences established by subdivision 5, if the
defendant was convicted of a crime under section 152.021, subdivision 1, or 152.022,
subdivision 1, and the person or an accomplice possessed on their person or within immediate
reach, or used, whether by brandishing, displaying, threatening with, or otherwise employing,
a firearm.
 deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
 new text end