HF 3962

as introduced - 91st Legislature (2019 - 2020) Posted on 03/02/2020 01:47pm

A bill for an act
relating to crime; clarifying sentencing with prior sex offense convictions; amending
Minnesota Statutes 2018, section 609.3455, subdivisions 4, 7.

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

Section 1.

Minnesota Statutes 2018, section 609.3455, subdivision 4, is amended to read:

Subd. 4.

Mandatory life sentence; repeat offenders.

(a) Notwithstanding the statutory
maximum penalty otherwise applicable to the offense, the court shall sentence a person to
imprisonment for life if the person is convicted of violating section 609.342, 609.343,
609.344, 609.345, or 609.3453 and:

(1) the person has two previous sex offense convictions;

(2) the person has a previous sex offense conviction and:

(i) the fact finder determines that the present offense involved an aggravating factor that
would provide grounds for an upward durational departure under the sentencing guidelines
other than the aggravating factor applicable to repeat criminal sexual conduct convictions;

(ii) the person received an upward durational departure from the sentencing guidelines
for the previous sex offense conviction; or

(iii) the person was sentenced under this section or Minnesota Statutes 2004, section
609.108, for the previous sex offense conviction; or

(3) the person has two prior sex offense convictions, and the fact finder determines that
the prior convictions and present offense involved at least three separate victims, and:

(i) the fact finder determines that the present offense involved an aggravating factor that
would provide grounds for an upward durational departure under the sentencing guidelines
other than the aggravating factor applicable to repeat criminal sexual conduct convictions;

(ii) the person received an upward durational departure from the sentencing guidelines
for one of the prior sex offense convictions; or

(iii) the person was sentenced under this section or Minnesota Statutes 2004, section
609.108, for one of the prior sex offense convictions.

new text begin (b) When the court is sentencing a person for two or more separate behavioral incidents
of a sex offense at the same hearing, the court shall sentence the person for each incident
as a separate offense regardless of whether the pleas or verdicts are or have been
simultaneously or sequentially accepted, recorded, or adjudicated. The court shall consider
each incident occurring earlier in time as a prior sex offense conviction for the purposes of
paragraph (a), clause (3).
new text end

deleted text begin (b) deleted text end new text begin (c) new text end Notwithstanding paragraph (a), a court may not sentence a person to imprisonment
for life for a violation of section 609.345, unless the person's previous or prior sex offense
convictions that are being used as the basis for the sentence are for violations of section
609.342, 609.343, 609.344, or 609.3453, or any similar statute of the United States, this
state, or any other state.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2018, section 609.3455, subdivision 7, is amended to read:

Subd. 7.

Mandatory lifetime conditional release term.

(a) When a court sentences an
offender under subdivision 3 or 4, the court shall provide that, if the offender is released
from prison, the commissioner of corrections shall place the offender on conditional release
for the remainder of the offender's life.

(b) Notwithstanding the statutory maximum sentence otherwise applicable to the offense,
when the court commits an offender to the custody of the commissioner of corrections for
a violation of new text begin or attempt to violate new text end section 609.342, 609.343, 609.344, 609.345, or 609.3453,
and the offender has a previous or prior sex offense conviction, the court shall provide that,
after the offender has been released from prison, the commissioner shall place the offender
on conditional release for the remainder of the offender's life.

(c) Notwithstanding paragraph (b), an offender may not be placed on lifetime conditional
release for a violation of new text begin or attempt to violate new text end section 609.345, unless the offender's previous
or prior sex offense conviction is for a violation of section 609.342, 609.343, 609.344, or
609.3453, or any similar statute of the United States, this state, or any other state.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020, and applies to crimes
committed on or after that date.
new text end