HF 4157

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime; providing the penalty of life 
  1.3             imprisonment without possibility of release for a 
  1.4             person who causes the death of another while 
  1.5             committing or attempting to commit a drive-by 
  1.6             shooting; amending Minnesota Statutes 1998, sections 
  1.7             609.106, subdivision 2; 609.185; and 609.19, 
  1.8             subdivision 1. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1998, section 609.106, 
  1.11  subdivision 2, is amended to read: 
  1.12     Subd. 2.  [LIFE WITHOUT RELEASE.] The court shall sentence 
  1.13  a person to life imprisonment without possibility of release 
  1.14  under the following circumstances: 
  1.15     (1) the person is convicted of first degree murder under 
  1.16  section 609.185, clause (2) or (4); 
  1.17     (2) the person is convicted of committing first degree 
  1.18  murder in the course of a kidnapping or a drive-by shooting 
  1.19  under section 609.185, clause (3); or 
  1.20     (3) the person is convicted of first degree murder under 
  1.21  section 609.185, clause (1), (3), (5), or (6), and the court 
  1.22  determines on the record at the time of sentencing that the 
  1.23  person has one or more previous convictions for a heinous crime. 
  1.24     Sec. 2.  Minnesota Statutes 1998, section 609.185, is 
  1.25  amended to read: 
  1.26     609.185 [MURDER IN THE FIRST DEGREE.] 
  1.27     Whoever does any of the following is guilty of murder in 
  2.1   the first degree and shall be sentenced to imprisonment for life:
  2.2      (1) causes the death of a human being with premeditation 
  2.3   and with intent to effect the death of the person or of another; 
  2.4      (2) causes the death of a human being while committing or 
  2.5   attempting to commit criminal sexual conduct in the first or 
  2.6   second degree with force or violence, either upon or affecting 
  2.7   the person or another; 
  2.8      (3) causes the death of a human being with intent to effect 
  2.9   the death of the person or another, while committing or 
  2.10  attempting to commit burglary, aggravated robbery, kidnapping, 
  2.11  arson in the first or second degree, a drive-by shooting, 
  2.12  tampering with a witness in the first degree, escape from 
  2.13  custody, or any felony violation of chapter 152 involving the 
  2.14  unlawful sale of a controlled substance; or causes the death of 
  2.15  a human being while committing or attempting to commit a 
  2.16  drive-by shooting in violation of section 609.66, subdivision 
  2.17  1e; 
  2.18     (4) causes the death of a peace officer or a guard employed 
  2.19  at a Minnesota state or local correctional facility, with intent 
  2.20  to effect the death of that person or another, while the peace 
  2.21  officer or guard is engaged in the performance of official 
  2.22  duties; 
  2.23     (5) causes the death of a minor while committing child 
  2.24  abuse, when the perpetrator has engaged in a past pattern of 
  2.25  child abuse upon the child and the death occurs under 
  2.26  circumstances manifesting an extreme indifference to human life; 
  2.27  or 
  2.28     (6) causes the death of a human being while committing 
  2.29  domestic abuse, when the perpetrator has engaged in a past 
  2.30  pattern of domestic abuse upon the victim and the death occurs 
  2.31  under circumstances manifesting an extreme indifference to human 
  2.32  life. 
  2.33     For purposes of clause (5), "child abuse" means an act 
  2.34  committed against a minor victim that constitutes a violation of 
  2.35  the following laws of this state or any similar laws of the 
  2.36  United States or any other state:  section 609.221; 609.222; 
  3.1   609.223; 609.224; 609.2242; 609.342; 609.343; 609.344; 609.345; 
  3.2   609.377; 609.378; or 609.713. 
  3.3      For purposes of clause (6), "domestic abuse" means an act 
  3.4   that: 
  3.5      (1) constitutes a violation of section 609.221, 609.222, 
  3.6   609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345, 
  3.7   609.713, or any similar laws of the United States or any other 
  3.8   state; and 
  3.9      (2) is committed against the victim who is a family or 
  3.10  household member as defined in section 518B.01, subdivision 2, 
  3.11  paragraph (b). 
  3.12     Sec. 3.  Minnesota Statutes 1998, section 609.19, 
  3.13  subdivision 1, is amended to read: 
  3.14     Subdivision 1.  [INTENTIONAL MURDER; DRIVE-BY SHOOTINGS.] 
  3.15  Whoever does either of the following is guilty of murder in the 
  3.16  second degree and may be sentenced to imprisonment for not more 
  3.17  than 40 years:  
  3.18     (1) causes the death of a human being with intent to effect 
  3.19  the death of that person or another, but without premeditation 
  3.20  or 
  3.21     (2) causes the death of a human being while committing or 
  3.22  attempting to commit a drive-by shooting in violation of section 
  3.23  609.66, subdivision 1e, under circumstances other than those 
  3.24  described in section 609.185, clause (3), is guilty of murder in 
  3.25  the second degree and may be sentenced to imprisonment for not 
  3.26  more than 40 years. 
  3.27     Sec. 4.  [EFFECTIVE DATE.] 
  3.28     Sections 1 to 3 are effective August 1, 2000, and apply to 
  3.29  crimes committed on or after that date.