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HF 3983

as introduced - 89th Legislature (2015 - 2016) Posted on 05/04/2016 02:11pm

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

Current Version - as introduced

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A bill for an act
relating to criminal justice; modifying the thresholds for certain controlled
substance crimes; creating new offenses specific to the possession of marijuana
plants; creating a new offense for possessing trace amounts of certain controlled
substances; eliminating mandatory minimum sentences for lower level controlled
substance crimes; appropriating money; amending Minnesota Statutes 2014,
sections 152.01, subdivision 16a; 152.021; 152.022; 152.023; 152.024; 152.025;
152.026; 152.092; 152.18, subdivision 1; 388.051; proposing coding for new
law in Minnesota Statutes, chapter 241.

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

Section 1.

Minnesota Statutes 2014, section 152.01, subdivision 16a, is amended to read:


Subd. 16a.

Subsequent controlled substance conviction.

deleted text beginNotwithstanding section
152.18, subdivision 1,
deleted text end A "subsequent controlled substance conviction" means that before
commission of the offense for which the person is convicted under this chapter, the person
received a disposition for a felony-level offense under deleted text beginsection 152.18, subdivision 1, was
convicted in Minnesota of a felony violation of this chapter or a felony-level attempt or
conspiracy to violate this chapter
deleted text endnew text begin sections 152.021 and 152.022, including an attempt or
conspiracy
new text end, or was convicted deleted text beginelsewhere for conduct that would have been a felony under
this chapter if committed in Minnesota. An earlier disposition for a felony-level offense
under section 152.18, subdivision 1, or an earlier conviction is not relevant if
deleted text endnew text begin of a similar
offense by the United States or another state, provided that
new text end ten years have new text beginnot new text endelapsed
since discharge from sentence deleted text beginor stay of adjudicationdeleted text end.

Sec. 2.

Minnesota Statutes 2014, section 152.021, is amended to read:


152.021 CONTROLLED SUBSTANCE CRIME IN THE FIRST DEGREE.

Subdivision 1.

Sale crimes.

A person is guilty of controlled substance crime in
the first degree if:

(1) on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures of a total weight of deleted text begintendeleted text endnew text begin 25new text end grams or more containing deleted text begincocaine,deleted text endnew text begin a narcotic
drug other than
new text end heroindeleted text begin, or methamphetaminedeleted text end;

(2) on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures of a total weight of deleted text begin50deleted text endnew text begin tennew text end grams or more containing deleted text begina narcotic drug
other than cocaine,
deleted text end heroindeleted text begin, or methamphetaminedeleted text end;

(3) on one or more occasions within a 90-day period the person unlawfully sells
one or more mixtures of a total weight of 50 grams or more containing amphetamine,
phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units,
equaling 200 or more dosage units; or

(4) on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures of a total weight of deleted text begin50deleted text endnew text begin 25new text end kilograms or more containing marijuana or
Tetrahydrocannabinolsdeleted text begin, or one or more mixtures of a total weight of 25 kilograms or more
containing marijuana or Tetrahydrocannabinols in a school zone, a park zone, a public
housing zone, or a drug treatment facility
deleted text end.

Subd. 2.

Possession crimes.

(a) A person is guilty of a controlled substance crime
in the first degree if:

(1) the person unlawfully possesses one or more mixtures of a total weight of deleted text begin25deleted text endnew text begin 50new text end
grams or more containing deleted text begincocaine,deleted text endnew text begin a narcotic drug other thannew text end heroindeleted text begin, or methamphetaminedeleted text end;

(2) the person unlawfully possesses one or more mixtures of a total weight of deleted text begin500deleted text endnew text begin 25new text end
grams or more containing deleted text begina narcotic drug other than cocaine,deleted text end heroindeleted text begin, or methamphetaminedeleted text end;

(3) the person unlawfully possesses one or more mixtures of a total weight of
500 grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the
controlled substance is packaged in dosage units, equaling 500 or more dosage units; or

(4) the person unlawfully possesses one or more mixtures of a total weight of deleted text begin100deleted text endnew text begin 50new text end
kilograms or morenew text begin, or 500 or more plants,new text end containing marijuana or Tetrahydrocannabinols.

(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
not be considered in measuring the weight of a mixture except in cases where the mixture
contains four or more fluid ounces of fluid.

Subd. 2a.

Methamphetamine manufacture crime.

(a) Notwithstanding
subdivision 1, sections 152.022, subdivision 1, 152.023, subdivision 1, and 152.024,
subdivision 1
, a person is guilty of controlled substance crime in the first degree if the
person manufactures any amount of methamphetamine.

(b) [Renumbered 152.0262, subdivision 1]

new text begin Subd. 2b. new text end

new text begin Aggravated controlled substance crime in the first degree. new text end

new text begin A person is
guilty of aggravated controlled substance crime in the first degree if the person violated
subdivision 1, clauses (1) to (3), or 2, paragraph (a), clauses (1) to (3), and the person or
an accomplice sold or possessed 100 grams or 500 dosage units of a mixture containing a
controlled substance and:
new text end

new text begin (1) the person or an accomplice possessed a firearm or other dangerous weapon
during the commission of the offense; or
new text end

new text begin (2) the offense involved two or more aggravating factors listed below:
new text end

new text begin (i) the defendant, within the previous ten years, has been convicted of a crime
of violence as defined in section 609.1095, subdivision 1, paragraph (d), other than a
violation of a provision under chapter 152, including an attempt or conspiracy, or was
convicted of a similar offense in the United States or another state;
new text end

new text begin (ii) the offense was committed for the benefit of a gang as defined in section 609.229;
new text end

new text begin (iii) the offense involved separate acts of sale or possession of a controlled substance
in three or more counties;
new text end

new text begin (iv) the offense involved the transfer of controlled substances across a state or
international border and into Minnesota;
new text end

new text begin (v) the offense involved at least three separate transactions in which controlled
substances were sold, transferred, or possessed with intent to sell or transfer;
new text end

new text begin (vi) the circumstances of the offense reveal the offender to have occupied a high
position in the drug distribution hierarchy;
new text end

new text begin (vii) the defendant used a position or status to facilitate the commission of the
offense, including positions of trust, confidence, or fiduciary relationships;
new text end

new text begin (viii) the offense involved the sale of a controlled substance to a minor or vulnerable
adult;
new text end

new text begin (ix) the defendant or an accomplice manufactured, possessed, or sold a controlled
substance in a school zone, park zone, correctional facility, or drug treatment facility; or
new text end

new text begin (x) the defendant or an accomplice possessed equipment, drug paraphernalia,
documents, or money evidencing that the offense involved the cultivation, manufacture,
distribution, or possession of controlled substances in quantities substantially larger than
the minimum threshold amount for the underlying offense.
new text end

Subd. 3.

Penalty.

(a) A person convicted under subdivisions 1 to 2a, paragraph (a),
may be sentenced to imprisonment for not more than 30 years or to payment of a fine of
not more than $1,000,000, or both.

(b) If the conviction is a subsequent controlled substance conviction, a person
convicted under subdivisions 1 to 2a, paragraph (a), shall be committed to the
commissioner of corrections for not less than four years nor more than 40 years and, in
addition, may be sentenced to payment of a fine of not more than $1,000,000.

(c) new text beginIf the defendant or an accomplice is convicted under subdivision 1 or 2 and sold
or possessed 100 or more grams or 500 or more dosage units of a mixture containing a
controlled substance, that person shall be committed to the commissioner of corrections
for not less than 65 months or the presumptive fixed sentence under the Minnesota
Sentencing Guidelines, whichever is greater, nor more than 40 years and, in addition, may
be sentenced to payment of a fine of not more than $1,000,000, or both.
new text end

new text begin (d) A person convicted under subdivision 2b shall be committed to the commissioner
of corrections for not less than 86 months or the presumptive fixed sentence under the
Minnesota Sentencing Guidelines, whichever is greater, nor more than 40 years and, in
addition, may be sentenced to payment of a fine of not more than $1,000,000, or both.
new text end

new text begin (e) new text endIn a prosecution under deleted text beginsubdivisiondeleted text endnew text begin subdivisions new text end 1 new text beginto 2b new text endinvolving sales by the
same person in two or more counties within a 90-day period, the person may be prosecuted
for all of the sales in any county in which one of the sales occurred.

Sec. 3.

Minnesota Statutes 2014, section 152.022, is amended to read:


152.022 CONTROLLED SUBSTANCE CRIME IN THE SECOND DEGREE.

Subdivision 1.

Sale crimes.

A person is guilty of controlled substance crime
in the second degree if:

(1) on one or more occasions within a 90-day period the person unlawfully sells
one or more mixtures of a total weight of deleted text beginthreedeleted text endnew text begin tennew text end grams or more containing deleted text begincocaine,deleted text endnew text begin
a narcotic drug other than
new text end heroindeleted text begin, or methamphetaminedeleted text end;

(2) on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures of a total weight of deleted text begintendeleted text endnew text begin threenew text end grams or more containing deleted text begina narcotic drug
other than cocaine,
deleted text end heroindeleted text begin, or methamphetaminedeleted text end;

(3) on one or more occasions within a 90-day period the person unlawfully sells
one or more mixtures of a total weight of ten grams or more containing amphetamine,
phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units,
equaling 50 or more dosage units;

(4) on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures of a total weight of deleted text begin25deleted text endnew text begin tennew text end kilograms or more containing marijuana or
Tetrahydrocannabinols;

(5) the person unlawfully sells any amount of a Schedule I or II narcotic drug to a
person under the age of 18, or conspires with or employs a person under the age of 18 to
unlawfully sell the substance; or

(6) the person unlawfully sells any of the following in a school zone, a park zone, a
public housing zone, or a drug treatment facility:

(i) any amount of a Schedule I or II narcotic drug, lysergic acid diethylamide (LSD),
3,4-methylenedioxy amphetamine, or 3,4-methylenedioxymethamphetamine;

(ii) one or more mixtures containing methamphetamine or amphetamine; or

(iii) one or more mixtures of a total weight of five kilograms or more containing
marijuana or Tetrahydrocannabinols.

Subd. 2.

Possession crimes.

(a) A person is guilty of controlled substance crime
in the second degree if:

(1) the person unlawfully possesses one or more mixtures of a total weight of deleted text beginsixdeleted text endnew text begin 25new text end
grams or more containing deleted text begincocaine,deleted text endnew text begin a narcotic drug other thannew text end heroindeleted text begin, or methamphetaminedeleted text end;

(2) the person unlawfully possesses one or more mixtures of a total weight of deleted text begin50deleted text endnew text begin sixnew text end
grams or more containing deleted text begina narcotic drug other than cocaine,deleted text end heroindeleted text begin, or methamphetaminedeleted text end;

(3) the person unlawfully possesses one or more mixtures of a total weight of
50 grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the
controlled substance is packaged in dosage units, equaling 100 or more dosage units; or

(4) the person unlawfully possesses one or more mixtures of a total weight of deleted text begin50deleted text endnew text begin 25new text end
kilograms or more containing marijuana or Tetrahydrocannabinolsnew text begin, or possesses 100 or
more plants containing marijuana or Tetrahydrocannabinols
new text end.

(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
not be considered in measuring the weight of a mixture except in cases where the mixture
contains four or more fluid ounces of fluid.

Subd. 3.

Penalty.

(a) A person convicted under subdivision 1 or 2 may be sentenced
to imprisonment for not more than 25 years or to payment of a fine of not more than
$500,000, or both.

(b) If the conviction is a subsequent controlled substance conviction, a person
convicted under subdivision 1 or 2 shall be committed to the commissioner of corrections
for not less than three years nor more than 40 years and, in addition, may be sentenced to
payment of a fine of not more than $500,000.

(c) In a prosecution under subdivision 1 involving sales by the same person in two or
more counties within a 90-day period, the person may be prosecuted for all of the sales in
any county in which one of the sales occurred.

Sec. 4.

Minnesota Statutes 2014, section 152.023, is amended to read:


152.023 CONTROLLED SUBSTANCE CRIME IN THE THIRD DEGREE.

Subdivision 1.

Sale crimes.

A person is guilty of controlled substance crime in
the third degree if:

(1) the person unlawfully sells one or more mixtures containing a narcotic drug;

(2) on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures containing phencyclidine or hallucinogen, it is packaged in dosage
units, and equals ten or more dosage units;

(3) the person unlawfully sells one or more mixtures containing a controlled
substance classified in Schedule I, II, or III, except a Schedule I or II narcotic drug, to a
person under the age of 18;

(4) the person conspires with or employs a person under the age of 18 to unlawfully
sell one or more mixtures containing a controlled substance listed in Schedule I, II, or III,
except a Schedule I or II narcotic drug; or

(5) on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures of a total weight of five kilograms or more containing marijuana or
Tetrahydrocannabinols.

Subd. 2.

Possession crimes.

(a) A person is guilty of controlled substance crime in
the third degree if:

(1) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures of a total weight of deleted text beginthreedeleted text endnew text begin tennew text end grams or more containing deleted text begincocaine,deleted text endnew text begin
a narcotic drug other than
new text end heroindeleted text begin, or methamphetaminedeleted text end;

(2) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures of a total weight of deleted text begintendeleted text endnew text begin threenew text end grams or more containing deleted text begina narcotic
drug other than cocaine,
deleted text end heroindeleted text begin, or methamphetaminedeleted text end;

(3) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures containing a narcotic drug, it is packaged in dosage units, and
equals 50 or more dosage units;

(4) on one or more occasions within a 90-day period the person unlawfully
possesses any amount of a schedule I or II narcotic drug or five or more dosage
units of lysergic acid diethylamide (LSD), 3,4-methylenedioxy amphetamine, or
3,4-methylenedioxymethamphetamine in a school zone, a park zone, a public housing
zone, or a drug treatment facility;

(5) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures of a total weight of ten kilograms or more containing marijuana or
Tetrahydrocannabinols; or

(6) the person unlawfully possesses one or more mixtures containing
methamphetamine or amphetamine in a school zone, a park zone, a public housing zone,
or a drug treatment facility.

(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
not be considered in measuring the weight of a mixture except in cases where the mixture
contains four or more fluid ounces of fluid.

Subd. 3.

Penalty.

(a) A person convicted under subdivision 1 or 2 may be sentenced
to imprisonment for not more than 20 years or to payment of a fine of not more than
$250,000, or both.

deleted text begin (b) If the conviction is a subsequent controlled substance conviction, a person
convicted under subdivision 1 or 2 shall be committed to the commissioner of corrections
for not less than two years nor more than 30 years and, in addition, may be sentenced to
payment of a fine of not more than $250,000.
deleted text end

deleted text begin (c)deleted text endnew text begin (b)new text end In a prosecution under subdivision 1 or 2 involving sales or acts of possession
by the same person in two or more counties within a 90-day period, the person may be
prosecuted in any county in which one of the sales or acts of possession occurred.

Sec. 5.

Minnesota Statutes 2014, section 152.024, is amended to read:


152.024 CONTROLLED SUBSTANCE CRIME IN THE FOURTH DEGREE.

Subdivision 1.

Sale crimes.

A person is guilty of controlled substance crime in
the fourth degree if:

(1) the person unlawfully sells one or more mixtures containing a controlled
substance classified in Schedule I, II, or III, except marijuana or Tetrahydrocannabinols;

(2) the person unlawfully sells one or more mixtures containing a controlled
substance classified in Schedule IV or V to a person under the age of 18;

(3) the person conspires with or employs a person under the age of 18 to unlawfully
sell a controlled substance classified in Schedule IV or V; or

(4) the person unlawfully sells any amount of marijuana or Tetrahydrocannabinols in
a school zone, a park zone, a public housing zone, or a drug treatment facility, except a
small amount for no remuneration.

Subd. 2.

Possession crimes.

A person is guilty of controlled substance crime in
the fourth degree if:

(1) the person unlawfully possesses one or more mixtures containing phencyclidine
or hallucinogen, it is packaged in dosage units, and equals ten or more dosage units; or

(2) the person unlawfully possesses one or more mixtures containing a controlled
substance classified in Schedule I, II, or III, except marijuana or Tetrahydrocannabinols,
with the intent to sell it.

Subd. 3.

Penalty.

deleted text begin(a)deleted text end A person convicted under subdivision 1 or 2 may be sentenced
to imprisonment for not more than 15 years or to payment of a fine of not more than
$100,000, or both.

deleted text begin (b) If the conviction is a subsequent controlled substance conviction, a person
convicted under subdivision 1 or 2 shall be committed to the commissioner of corrections
or to a local correctional authority for not less than one year nor more than 30 years and,
in addition, may be sentenced to payment of a fine of not more than $100,000.
deleted text end

Sec. 6.

Minnesota Statutes 2014, section 152.025, is amended to read:


152.025 CONTROLLED SUBSTANCE CRIME IN THE FIFTH DEGREE.

Subdivision 1.

Sale crimes.

deleted text begin(a)deleted text end A person is guilty of a controlled substance crime
in the fifth degree and deleted text beginif convicteddeleted text endnew text begin upon convictionnew text end may be sentenced deleted text beginto imprisonment
for not more than five years or to payment of a fine of not more than $10,000, or both
deleted text endnew text begin
as provided in subdivision 3
new text end if:

(1) the person unlawfully sells one or more mixtures containing marijuana or
tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or

(2) the person unlawfully sells one or more mixtures containing a controlled
substance classified in Schedule IV.

deleted text begin (b) Except as provided in paragraph (c), if a person is guilty of a controlled
substance crime in the fifth degree and the conviction is a subsequent controlled substance
conviction, the person convicted shall be committed to the commissioner of corrections or
to a local correctional authority for not less than six months nor more than ten years and,
in addition, may be sentenced to payment of a fine of not more than $20,000 if:
deleted text end

deleted text begin (1) the person unlawfully sells one or more mixtures containing marijuana or
tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or
deleted text end

deleted text begin (2) the person unlawfully sells one or more mixtures containing a controlled
substance classified in Schedule IV.
deleted text end

deleted text begin (c) Prior to the time of sentencing, the prosecutor may file a motion to have the
person sentenced without regard to the mandatory minimum sentence established by
paragraph (b). The motion must 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 person without regard to the mandatory minimum sentence if the court finds,
on the record, substantial and compelling reasons to do so.
deleted text end

Subd. 2.

Possession and other crimes.

deleted text begin(a)deleted text end A person is guilty of controlled
substance crime in the fifth degree and deleted text beginif convicteddeleted text endnew text begin upon convictionnew text end may be sentenced
deleted text beginto imprisonment for not more than five years or to payment of a fine of not more than
$10,000, or both
deleted text endnew text begin as provided in subdivision 3new text end if:

(1) the person unlawfully possesses one or more mixtures containing a controlled
substance classified in Schedule I, II, III, or IV, except a small amount of marijuana; or

(2) the person procures, attempts to procure, possesses, or has control over a
controlled substance by any of the following means:

(i) fraud, deceit, misrepresentation, or subterfuge;

(ii) using a false name or giving false credit; or

(iii) falsely assuming the title of, or falsely representing any person to be, a
manufacturer, wholesaler, pharmacist, physician, doctor of osteopathy licensed to practice
medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of
obtaining a controlled substance.

deleted text begin (b) Except as provided in paragraph (c), if a person is guilty of a controlled
substance crime in the fifth degree and the conviction is a subsequent controlled substance
conviction, the person convicted shall be committed to the commissioner of corrections or
to a local correctional authority for not less than six months nor more than ten years and,
in addition, may be sentenced to payment of a fine of not more than $20,000 if:
deleted text end

deleted text begin (1) the person unlawfully possesses one or more mixtures containing a controlled
substance classified in Schedule I, II, III, or IV, except a small amount of marijuana; or
deleted text end

deleted text begin (2) the person procures, attempts to procure, possesses, or has control over a
controlled substance by any of the following means:
deleted text end

deleted text begin (i) fraud, deceit, misrepresentation, or subterfuge;
deleted text end

deleted text begin (ii) using a false name or giving false credit; or
deleted text end

deleted text begin (iii) falsely assuming the title of, or falsely representing any person to be, a
manufacturer, wholesaler, pharmacist, physician, doctor of osteopathy licensed to practice
medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of
obtaining a controlled substance.
deleted text end

deleted text begin (c) Prior to the time of sentencing, the prosecutor may file a motion to have the
person sentenced without regard to the mandatory minimum sentence established by
paragraph (b). The motion must 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 person without regard to the mandatory minimum sentence if the court finds,
on the record, substantial and compelling reasons to do so.
deleted text end

new text begin Subd. 3. new text end

new text begin Penalty. new text end

new text begin (a) A person convicted under the provisions of subdivision 1 or 2,
clause (1), may be sentenced to imprisonment for not more than five years or to payment
of a fine of not more than $10,000, or both, if the amount of the controlled substance sold
or possessed, other than heroin, is 0.25 of a gram or more, or more than one dosage unit if
the controlled substance is sold or possessed in dosage units.
new text end

new text begin (b) A person convicted under the provisions of subdivision 1 or 2, clause (1), 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, if the amount of controlled substance possessed, other than
heroin, is less than 0.25 grams or one dosage unit or less if the controlled substance was
sold or possessed in dosage units.
new text end

new text begin (c) A person convicted under the provisions of subdivision 2, clause (1), may be
sentenced to imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both, if the controlled substance possessed is heroin and amount of
heroin possessed is 0.10 grams or more.
new text end

new text begin (d) A person convicted under the provisions of subdivision 2, clause (1), 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, if the controlled substance possessed is heroin and the amount of
heroin possessed is less than 0.10 grams.
new text end

new text begin (e) A person convicted under the provisions of subdivision 2, clause (2), may be
sentenced to imprisonment for not more than five years or to payment of a fine of not
more than $10,000, or both.
new text end

Sec. 7.

Minnesota Statutes 2014, section 152.026, is amended to read:


152.026 MANDATORY SENTENCES.

A defendant convicted and sentenced to a mandatory sentence under sections
152.021 deleted text beginto 152.025deleted text endnew text begin, 152.022,new text end and 152.0262 is not eligible for probation, parole, discharge,
or supervised release until that person has served the full term of imprisonment as
provided by law, notwithstanding sections 242.19, 243.05, 609.12, and 609.135. "Term of
imprisonment" has the meaning given in section 244.01, subdivision 8.

Sec. 8.

Minnesota Statutes 2014, section 152.092, is amended to read:


152.092 POSSESSION OF DRUG PARAPHERNALIA PROHIBITED.

It is unlawful for any person knowingly or intentionally to use or to possess drug
paraphernalia. Any violation of this section is a petty misdemeanor.new text begin A person who violates
this section on three or more occasions has committed a crime and may be sentenced to
imprisonment for up to 90 days or to payment of a fine up to $1,000, or both.
new text end

Sec. 9.

Minnesota Statutes 2014, section 152.18, subdivision 1, is amended to read:


Subdivision 1.

Deferring prosecution for certain first time drug offenders.

deleted text beginIfdeleted text endnew text begin
(a) A court may defer prosecution as provided in paragraph (c) for
new text end any person who has
not previously participated in or completed a diversion program authorized under section
401.065 or who has not previously been placed on probation without a judgment of
guilty and thereafter been discharged from probation under this section is found guilty
of a violation of section 152.024, subdivision 2, 152.025, subdivision 2, or 152.027,
subdivision 2
, 3, 4, or 6, paragraph (d), for possession of a controlled substance, after trial
or upon a plea of guiltydeleted text begin, and the court determines that the violation does not qualify as a
subsequent controlled substance conviction under section 152.01, subdivision 16a,
deleted text endnew text begin.
new text end

new text begin (b) The court must defer prosecution as provided in paragraph (c) for any person
described in paragraph (a) who has not previously been convicted of a felony offense or of
a gross misdemeanor under section 152.025.
new text end

new text begin (c) In granting relief under this section,new text end the court deleted text beginmaydeleted text endnew text begin shallnew text end, without entering a
judgment of guilty and with the consent of the person, defer further proceedings and
place the person on probation upon such reasonable conditions as it may require and for
a period, not to exceed the maximum sentence provided for the violation. The court
may give the person the opportunity to attend and participate in an appropriate program
of education regarding the nature and effects of alcohol and drug abuse as a stipulation
of probation. Upon violation of a condition of the probation, the court may enter an
adjudication of guilt and proceed as otherwise provided. The court may, in its discretion,
dismiss the proceedings against the person and discharge the person from probation before
the expiration of the maximum period prescribed for the person's probation. If during the
period of probation the person does not violate any of the conditions of the probation,
then upon expiration of the period the court shall discharge the person and dismiss the
proceedings against that person. Discharge and dismissal under this subdivision shall be
without court adjudication of guilt, but a not public record of it shall be retained by the
Bureau of Criminal Apprehension for the purpose of use by the courts in determining the
merits of subsequent proceedings against the person. The not public record may also be
opened only upon court order for purposes of a criminal investigation, prosecution, or
sentencing. Upon request by law enforcement, prosecution, or corrections authorities, the
bureau shall notify the requesting party of the existence of the not public record and the
right to seek a court order to open it pursuant to this section. The court shall forward a
record of any discharge and dismissal under this subdivision to the bureau which shall
make and maintain the not public record of it as provided under this subdivision. The
discharge or dismissal shall not be deemed a conviction for purposes of disqualifications
or disabilities imposed by law upon conviction of a crime or for any other purpose.

For purposes of this subdivision, "not public" has the meaning given in section
13.02, subdivision 8a.

Sec. 10.

new text begin [241.90] COMMUNITY JUSTICE REINVESTMENT ACCOUNT.
new text end

new text begin The community justice reinvestment account is an account in the state treasury.
Money in the account must be used as directed by the legislature for specified purposes
related to reinvesting savings from reforms in the criminal justice system towards
targeted treatment, education, and reentry programs, enhanced community supervision,
and specialty courts.
new text end

Sec. 11.

Minnesota Statutes 2014, section 388.051, is amended to read:


388.051 DUTIES.

Subdivision 1.

General provisions.

The county attorney shall:

(a) appear in all cases in which the county is a party;

(b) give opinions and advice, upon the request of the county board or any county
officer, upon all matters in which the county is or may be interested, or in relation to
the official duties of the board or officer;

(c) prosecute felonies, including the drawing of indictments found by the grand
jury, and, to the extent prescribed by law, gross misdemeanors, misdemeanors, petty
misdemeanors, and violations of municipal ordinances, charter provisions and rules or
regulations;

(d) attend before the grand jury, give them legal advice, and examine witnesses in
their presence;

(e) request the court administrator to issue subpoenas to bring witnesses before the
grand jury or any judge or judicial officer before whom the county attorney is conducting
a criminal hearing;

(f) attend any inquest at the request of the coroner; and

(g) appear, when requested by the attorney general, for the state in any case instituted
by the attorney general in the county attorney's county or before the United States Land
Office in case of application to preempt or locate any public lands claimed by the state and
assist in the preparation and trial.

Subd. 2.

Special provisions.

(a) In Anoka, Carver, Dakota, Hennepin, Scott,
and Washington Counties, only the county attorney shall prosecute gross misdemeanor
violations of sections 289A.63, subdivisions 1, 2, 4, and 6; 297B.10; 609.255, subdivision
3
; 609.377; 609.378; 609.41; and 617.247.

(b) In Ramsey County, only the county attorney shall prosecute gross misdemeanor
violations of sections 609.255, subdivision 3; 609.377; and 609.378.

(c) The county attorney shall prosecute failure to report physical or sexual
child abuse or neglect as provided under section 626.556, subdivision 6, violations of
fifth-degree criminal sexual conduct under section 609.3451, and environmental law
violations under sections 115.071, 299F.098, and 609.671.

new text begin (d) Except in Hennepin and Ramsey Counties, only the county attorney shall
prosecute gross misdemeanor violations of section 152.025.
new text end

Subd. 3.

Charging and plea negotiation policies and practices; written guidelines
required.

(a) On or before January 1, 1995, each county attorney shall adopt written
guidelines governing the county attorney's charging and plea negotiation policies and
practices. The guidelines shall address, but need not be limited to, the following matters:

(1) the circumstances under which plea negotiation agreements are permissible;

(2) the factors that are considered in making charging decisions and formulating
plea agreements; and

(3) the extent to which input from other persons concerned with a prosecution, such
as victims and law enforcement officers, is considered in formulating plea agreements.

(b) Plea negotiation policies and procedures adopted under this subdivision are
public data, as defined in section 13.02.

Subd. 4.

Firearms exemption.

Notwithstanding section 626.84, subdivision 2, a
county attorney, or an assistant county attorney appointed under section 388.10, who
lawfully possesses a permit to carry a pistol issued in accordance with section 624.714
may possess and carry a firearm while on duty, unless restricted by the county attorney.

Sec. 12. new text beginMINNESOTA SENTENCING GUIDELINES COMMISSION;
CERTAIN RECOMMENDATIONS ON CONTROLLED SUBSTANCE OFFENSES
REJECTED; ADDITIONAL MODIFICATIONS TO GUIDELINES.
new text end

new text begin (a) The following modifications proposed by the Minnesota Sentencing Guidelines
Commission in its January 15, 2016, report to the legislature are rejected and do not
go into effect:
new text end

new text begin (1) the new presumptive sentence for first-degree possession of a controlled
substance under Minnesota Statutes, section 152.021, subdivision 2, paragraph (a),
described in 2.A. Non-Legislative Modifications to Controlled Substance offenses on
pages 14 to 17 of the report;
new text end

new text begin (2) the severity level D8 found in the new drug offender grid on page 80 of the report
and in the criminal history grids found on page 67 of the report; and
new text end

new text begin (3) related changes found in corresponding language in Appendix 2.2.A. on pages
65 to 81 of the report.
new text end

new text begin (b) The Sentencing Guidelines Commission shall:
new text end

new text begin (1) modify the new drug offender grid found on page 80 of the report by renumbering
D9 as D8 and renumbering D10 as D9;
new text end

new text begin (2) modify the criminal history grids on page 67 of the report by renumbering D8 as
D7 and renumbering D9-D10 as D8-D9;
new text end

new text begin (3) re-rank first-degree possession of a controlled substance under Minnesota
Statutes, section 152.021, subdivision 2, paragraph (a), at the renumbered severity level D8;
new text end

new text begin (4) rank the new offense of aggravated controlled substance crime in the first degree
under Minnesota Statutes, section 152.021, subdivision 2b, at the renumbered severity
level D9; and
new text end

new text begin (5) make changes in Appendix 2.2.A. consistent with this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 13. new text beginAPPROPRIATIONS.
new text end

new text begin (a) $....... for the fiscal year ending June 30, 2017, and $....... for the fiscal year
ending June 30, 2018, are appropriated from the general fund to the commissioner of
corrections. The commissioner shall deposit the money from the appropriation into
the community justice reinvestment account described in Minnesota Statutes, section
241.90. The commissioner may retain up to 50 percent of the money in the account to add
chemical dependency treatment beds in state prisons to serve offenders with an anticipated
release date within five years, to enhance probation and supervised release services for
controlled substance offenders in communities served by the department, and to enhance
other controlled substance offender programs, including education programs, focused
on reentry. The commissioner shall transfer the remaining money in the account to the
commissioner of public safety. The commissioner of public safety, through the Office
of Justice Programs, shall use this money to establish a grant program for local units
of government or nonprofit organizations for chemical dependency and mental health
treatment programs, programs that improve supervision, including pretrial and precharge
supervision, and reduce recidivism of controlled substance offenders on probation or
supervised release or participating in drug courts, and to fund local participation in drug
court initiatives approved by the Judicial Council.
new text end

new text begin (b) By January 15, 2018, the commissioners of corrections and public safety
shall report to the chairs and ranking minority members of the senate and house of
representatives committees and divisions having jurisdiction over criminal justice funding
on how the appropriated money was distributed.
new text end

new text begin (c) By January 15, 2018, and January 15 of each subsequent odd-numbered year, the
commissioner of management and budget shall determine the savings to the state realized
in the preceding fiscal biennium due to this bill and add that amount to the base budget of
the Department of Corrections in the governor's proposed budget for the next biennium. If
the legislature appropriates this amount for the next biennium, the money must be used by
the commissioner as provided in paragraph (a).
new text end