HF 4277

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/26/2024 02:21pm

A bill for an act
relating to public safety; eliminating mandatory minimum sentences for offenses
involving possession or use of firearm or other dangerous weapon; making
conforming changes; establishing felony offense of firearm trafficking; eliminating
requirements that certain victims report crime within 30 days and cooperate with
law enforcement to receive reimbursement; creating Task Force on Mandatory
Minimum Sentences; continuing funding for emergency needs of crime victims;
establishing grants for emergency needs of victims of gun violence; authorizing
grants to county attorneys to develop and implement focused deterrence models
to reduce group-related homicide and gun violence and interrupt cycles of
community violence; creating additional position with the Violent Crime
Coordinating Council; requiring a report; appropriating money; amending
Minnesota Statutes 2022, sections 244.10, subdivisions 5, 6, 7; 588.20, subdivision
1; 609.229, subdivision 1; 609.495, subdivision 3; 609.66, by adding a subdivision;
617.91, subdivision 4; Minnesota Statutes 2023 Supplement, sections 609.135,
subdivision 1; 611A.53, subdivision 2; repealing Minnesota Statutes 2022, section
609.11, subdivisions 4, 5, 5a, 6, 7, 8; Minnesota Statutes 2023 Supplement, section
609.11, subdivision 9.

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

Section 1.

Minnesota Statutes 2022, section 244.10, subdivision 5, is amended to read:

Subd. 5.

Procedures in cases where state intends to seek an aggravated departure.

(a)
When the prosecutor provides reasonable notice under subdivision 4, the district court shall
allow the state to prove beyond a reasonable doubt to a jury of 12 members the factors in
support of the state's request for an aggravated departure from the Sentencing Guidelines
or the state's request for an aggravated sentence under any sentencing enhancement statute
deleted text begin or the state's request for a mandatory minimum under section 609.11 deleted text end as provided in paragraph
(b) or (c).

(b) The district court shall allow a unitary trial and final argument to a jury regarding
both evidence in support of the elements of the offense and evidence in support of aggravating
factors when the evidence in support of the aggravating factors:

(1) would be admissible as part of the trial on the elements of the offense; or

(2) would not result in unfair prejudice to the defendant.

The existence of each aggravating factor shall be determined by use of a special verdict
form.

Upon the request of the prosecutor, the court shall allow bifurcated argument and jury
deliberations.

(c) The district court shall bifurcate the proceedings, or impanel a resentencing jury, to
allow for the production of evidence, argument, and deliberations on the existence of factors
in support of an aggravated departure after the return of a guilty verdict when the evidence
in support of an aggravated departure:

(1) includes evidence that is otherwise inadmissible at a trial on the elements of the
offense; and

(2) would result in unfair prejudice to the defendant.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2022, section 244.10, subdivision 6, is amended to read:

Subd. 6.

Defendants to present evidence and argument.

In either a unitary or bifurcated
trial under subdivision 5, a defendant shall be allowed to present evidence and argument to
the jury or fact finder regarding whether facts exist that would justify an aggravated departure
or an aggravated sentence under any sentencing enhancement statute deleted text begin or a mandatory
minimum sentence under section 609.11 deleted text end . A defendant is not allowed to present evidence
or argument to the jury or fact finder regarding facts in support of a mitigated departure
during the trial, but may present evidence and argument in support of a mitigated departure
to the judge as fact finder during a sentencing hearing.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2022, section 244.10, subdivision 7, is amended to read:

Subd. 7.

Waiver of jury determination.

The defendant may waive the right to a jury
determination of whether facts exist that would justify an aggravated sentence. Upon receipt
of a waiver of a jury trial on this issue, the district court shall determine beyond a reasonable
doubt whether the factors in support of the state's motion for aggravated departure or an
aggravated sentence under any sentencing enhancement statute deleted text begin or a mandatory minimum
sentence under section 609.11 deleted text end exist.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2022, section 588.20, subdivision 1, is amended to read:

Subdivision 1.

Felony contempt.

(a) A person who knowingly and willfully disobeys
a subpoena lawfully issued in relation to a crime of violence deleted text begin , as defined in section 609.11,
subdivision 9, deleted text end with the intent to obstruct the criminal justice process is guilty of a felony
and 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.

(b) A felony charge under this subdivision may be filed upon the person's nonappearance.
However, the charge must be dismissed if the person voluntarily appears within 48 hours
after the time required for appearance on the subpoena and reappears as directed by the
court until discharged from the subpoena by the court. This paragraph does not apply if the
person appears as a result of being apprehended by law enforcement authorities.

new text begin (c) As used in this subdivision, "crime of violence" means murder in the first, second,
or third degree; assault in the first, second, or third degree; burglary; kidnapping; false
imprisonment; manslaughter in the first or second degree; aggravated robbery; simple
robbery; carjacking in the first, second, or third degree; first-degree or aggravated first-degree
witness tampering; criminal sexual conduct under the circumstances described in sections
609.342, subdivisions 1, and 1a, paragraphs (a) to (f) and (i); 609.343, subdivisions 1, and
1a, paragraphs (a) to (f) and (i); and 609.344, subdivision 1, under the conditions described
in section 609.341, subdivision 24, clause (2), item (i), (ii), or (iii), and subdivision 1a,
paragraphs (a) to (e), (h), and (i), under the conditions described in section 609.341,
subdivision 24, clause (2), item (i), (ii), or (iii); escape from custody; arson in the first,
second, or third degree; drive-by shooting under section 609.66, subdivision 1e; harassment
under section 609.749, subdivision 3, paragraph (a), clause (3); possession or other unlawful
use of a firearm or ammunition in violation of section 609.165, subdivision 1b, or 624.713,
subdivision 1, clause (2), a felony violation of chapter 152; or any attempt to commit any
of these offenses.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024.
new text end

Sec. 5.

Minnesota Statutes 2023 Supplement, section 609.135, subdivision 1, is amended
to read:

Subdivision 1.

Terms and conditions.

(a) Except when a sentence of life imprisonment
is required by law deleted text begin , or when a mandatory minimum sentence is required by section 609.11, deleted text end
any court may stay imposition or execution of sentence and:

(1) may order intermediate sanctions without placing the defendant on probation; or

(2) may place the defendant on probation with or without supervision and on the terms
the court prescribes, including intermediate sanctions when practicable. The court may order
the supervision to be under the probation officer of the court, or, if there is none and the
conviction is for a felony or gross misdemeanor, by the commissioner of corrections, or in
any case by some other suitable and consenting person. Unless the court directs otherwise,
state parole and probation agents and probation officers may impose community work
service or probation violation sanctions, consistent with section 243.05, subdivision 1, or
sections 244.197 to 244.199.

No intermediate sanction may be ordered performed at a location that fails to observe
applicable requirements or standards of chapter 181A or 182, or any rule promulgated under
them.

(b) For purposes of this subdivision, subdivision 6, and section 609.14, the term
"intermediate sanctions" includes but is not limited to incarceration in a local jail or
workhouse, home detention, electronic monitoring, intensive probation, sentencing to service,
reporting to a day reporting center, chemical dependency or mental health treatment or
counseling, restitution, fines, day-fines, community work service, work service in a restorative
justice program, work in lieu of or to work off fines and, with the victim's consent, work in
lieu of or to work off restitution.

(c) A court may not stay the revocation of the driver's license of a person convicted of
violating the provisions of section 169A.20.

(d) If the court orders a fine, day-fine, or restitution as an intermediate sanction, payment
is due on the date imposed unless the court otherwise establishes a due date or a payment
plan.

(e) The court may prohibit a defendant from using adult-use cannabis flower as defined
in section 342.01, subdivision 4, or adult-use cannabis products as defined in section 342.01,
subdivision 2, if the defendant undergoes a chemical use assessment and abstinence is
consistent with a recommended level of care for the defendant in accordance with the criteria
under section 254B.04, subdivision 4. The assessment must be conducted by an assessor
qualified under section 245G.11, subdivisions 1 and 5.

(f) A court shall not impose an intermediate sanction that has the effect of prohibiting
a person from participating in the registry program as defined in section 342.01, subdivision
63.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to crimes
committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2022, section 609.229, subdivision 1, is amended to read:

Subdivision 1.

Definition.

As used in this section, "criminal gang" means any ongoing
organization, association, or group of three or more persons, whether formal or informal,
that:

(1) has, as one of its primary activities, the commission of one or more of the offenses
listed in section deleted text begin 609.11, subdivision 9 deleted text end new text begin 588.20, subdivision 1, paragraph (c) new text end ;

(2) has a common name or common identifying sign or symbol; and

(3) includes members who individually or collectively engage in or have engaged in a
pattern of criminal activity.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024.
new text end

Sec. 7.

Minnesota Statutes 2022, section 609.495, subdivision 3, is amended to read:

Subd. 3.

Obstructing investigation.

Whoever intentionally aids another person whom
the actor knows or has reason to know has committed a criminal act, by destroying or
concealing evidence of that crime, providing false or misleading information about that
crime, receiving the proceeds of that crime, or otherwise obstructing the investigation or
prosecution of that crime is an accomplice after the fact and may be sentenced to not more
than one-half of the statutory maximum sentence of imprisonment or to payment of a fine
of not more than one-half of the maximum fine that could be imposed on the principal
offender for the crime of violence. For purposes of this subdivision, "criminal act" means
an act that is a crime listed in section deleted text begin 609.11, subdivision 9 deleted text end new text begin 588.20, subdivision 1, paragraph
(c) new text end , under the laws of this or another state, or of the United States, and also includes an act
that would be a criminal act if committed by an adult.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to crimes
committed on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2022, section 609.66, is amended by adding a subdivision to
read:

new text begin Subd. 1i. new text end

new text begin Felony; firearm trafficking. new text end

new text begin Whoever ships, transports, transfers, causes to
be transported, or otherwise disposes of any firearm to another person who they are not in
an intimate partner relationship with or attempts or conspires to commit any of those acts
is guilty of a felony and may be sentenced to imprisonment for not more than 15 years or
to payment of a fine of not more than $20,000, or both, if the person knows or has reasonable
cause to believe that the use, carrying, or possession of a firearm by the recipient would
constitute a felony.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to crimes
committed on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2023 Supplement, section 611A.53, subdivision 2, is amended
to read:

Subd. 2.

Limitations on awards.

No reimbursement shall be awarded to a claimant
otherwise eligible if:

deleted text begin (1) the crime was not reported to the police within 30 days of its occurrence or, if it
deleted text end deleted text begin could not reasonably have been reported within that period, within 30 days of the time when
deleted text end deleted text begin a report could reasonably have been made. A victim of criminal sexual conduct in the first,
deleted text end deleted text begin second, third, or fourth degree who does not report the crime within 30 days of its occurrence
deleted text end deleted text begin is deemed to have been unable to have reported it within that period;
deleted text end

deleted text begin (2) the victim or claimant failed or refused to cooperate fully with the police and other
law enforcement officials. Cooperation is determined through law enforcement reports,
prosecutor records, or corroboration memorialized in a signed document submitted by a
victim service, counseling, or medical professional involved in the case;
deleted text end

deleted text begin (3) deleted text end new text begin (1) new text end the victim or claimant was the offender or an accomplice of the offender or an
award to the claimant would unjustly benefit the offender or an accomplice;

deleted text begin (4) deleted text end new text begin (2) new text end the victim or claimant was in the act of committing a crime at the time the injury
occurred;

deleted text begin (5) deleted text end new text begin (3) new text end no claim was filed with the board within three years of victim's injury or death;
except that (i) if the claimant was unable to file a claim within that period, then the claim
can be made within three years of the time when a claim could have been filed; and (ii) if
the victim's injury or death was not reasonably discoverable within three years of the injury
or death, then the claim can be made within three years of the time when the injury or death
is reasonably discoverable. The following circumstances do not render a claimant unable
to file a claim for the purposes of this clause: (A) lack of knowledge of the existence of the
Minnesota Crime Victims Reimbursement Act, (B) the failure of a law enforcement agency
to provide information or assistance to a potential claimant under section 611A.66, (C) the
incompetency of the claimant if the claimant's affairs were being managed during that period
by a guardian, guardian ad litem, conservator, authorized agent, or parent, or (D) the fact
that the claimant is not of the age of majority; or

deleted text begin (6) deleted text end new text begin (4) new text end the claim is less than $50.

The limitations contained in deleted text begin clauses (1) and (6) deleted text end new text begin clause (4) new text end do not apply to victims of
child abuse. In those cases the three-year limitation period commences running with the
report of the crime to the police.

Sec. 10.

Minnesota Statutes 2022, section 617.91, subdivision 4, is amended to read:

Subd. 4.

Gang activity.

"Gang activity" means the commission of one or more of the
offenses listed in section deleted text begin 609.11, subdivision 9 deleted text end new text begin 588.20, subdivision 1, paragraph (c) new text end ; criminal
damage to property in the first or second degree under section 609.595, subdivision 1 or
1a; trespass under section 609.605; disorderly conduct under section 609.72; or unlawful
possession of a firearm by a minor under section 624.713, subdivision 1, clause (1).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024.
new text end

Sec. 11. new text begin TASK FORCE ON MANDATORY MINIMUM SENTENCES.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin As used in this section, "mandatory minimum" refers to
legislatively defined, predetermined sentencing requirements, including but not limited to
sentencing requirements under Minnesota Statutes, sections 152.021, 152.022, and 609.11,
that mandate a minimum period of commitment to the commissioner of corrections upon
conviction for certain offenses.
new text end

new text begin Subd. 2. new text end

new text begin Establishment. new text end

new text begin The Task Force on Mandatory Minimum Sentences is
established to collect and analyze data on the charging, convicting, and sentencing of persons
to mandatory minimum sentences; assess whether current laws and practices promote public
safety and equity in sentencing; and make recommendations to the legislature.
new text end

new text begin Subd. 3. new text end

new text begin Membership. new text end

new text begin (a) The task force consists of the following members:
new text end

new text begin (1) the commissioner of corrections, or a designee;
new text end

new text begin (2) the executive director of the Minnesota Sentencing Guidelines Commission, or a
designee;
new text end

new text begin (3) the state public defender, or a designee;
new text end

new text begin (4) the statewide coordinator of the Violent Crime Coordinating Council, or a designee;
new text end

new text begin (5) one defense attorney, appointed by the Minnesota Association of Criminal Defense
Lawyers;
new text end

new text begin (6) two county attorneys, one from Hennepin or Ramsey County and one from outside
the seven-county metropolitan area, appointed by the Minnesota County Attorneys
Association;
new text end

new text begin (7) a peace officer familiar with shooting investigations, appointed jointly by the
Minnesota Sheriffs' Association and the Minnesota Chiefs of Police Association;
new text end

new text begin (8) one member representing a victims' rights organization, appointed by the senate
majority leader;
new text end

new text begin (9) one member of a statewide civil rights organization, appointed by the speaker of the
house of representatives;
new text end

new text begin (10) one impacted person who is directly related to a person who has been convicted of
a mandatory minimum sentence or who has themselves been convicted of a mandatory
minimum sentence and has completed the sentence, appointed by the governor; and
new text end

new text begin (11) one person with academic expertise regarding the laws and practices of other states
relating to mandatory minimum sentences, appointed by the governor.
new text end

new text begin (b) Appointments must be made no later than July 30, 2024.
new text end

new text begin (c) Members shall serve without compensation.
new text end

new text begin (d) Members of the task force serve at the pleasure of the appointing authority or until
the task force expires. Vacancies shall be filled by the appointing authority consistent with
the qualifications of the vacating member required by this subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Officers; meetings. new text end

new text begin (a) The task force shall elect a chair and vice-chair and
may elect other officers as necessary.
new text end

new text begin (b) The commissioner of corrections shall convene the first meeting of the task force no
later than August 1, 2024, and shall provide meeting space and administrative assistance
as necessary for the task force to conduct its work.
new text end

new text begin (c) The task force shall meet at least monthly or upon the call of its chair. The task force
shall meet sufficiently enough to accomplish the tasks identified in this section. Meetings
of the task force are subject to Minnesota Statutes, chapter 13D.
new text end

new text begin (d) To compile and analyze data, the task force shall request the cooperation and
assistance of local law enforcement agencies, the Minnesota Sentencing Guidelines
Commission, the judicial branch, the Bureau of Criminal Apprehension, county attorneys,
and Tribal governments and may request the cooperation of academics and others with
experience and expertise in researching the impact of mandatory minimum sentences.
new text end

new text begin Subd. 5. new text end

new text begin Duties. new text end

new text begin (a) The task force shall, at a minimum:
new text end

new text begin (1) collect and analyze data on charges, convictions, and sentences that involve mandatory
minimum sentences;
new text end

new text begin (2) collect and analyze data on mandatory minimum sentences in which a person received
a mitigated durational departure because the mandatory minimum sentence was seen as
inappropriate by a judge or county attorney, or both;
new text end

new text begin (3) collect and analyze data on mandatory minimum sentences in which a person likely
would have received a mitigated durational departure but for the enforcement of a mandatory
minimum sentence;
new text end

new text begin (4) collect and analyze data on charges, convictions, and sentences for codefendants of
persons sentenced to a mandatory minimum sentence;
new text end

new text begin (5) review relevant state statutes and state and federal court decisions;
new text end

new text begin (6) receive input from persons who were convicted of a mandatory minimum sentence;
new text end

new text begin (7) receive input from family members of persons who were convicted of a crime with
a mandatory minimum sentence;
new text end

new text begin (8) analyze the benefits and unintended consequences of state statutes and practices
related to the charging, convicting, and sentencing of persons with mandatory minimum
sentences, including but not limited to an analysis of whether current statutes and practices:
new text end

new text begin (i) promote public safety; and
new text end

new text begin (ii) properly punish a person for that person's role in an offense; and
new text end

new text begin (9) make recommendations for legislative action, if any, on laws affecting:
new text end

new text begin (i) the collection and reporting of data; and
new text end

new text begin (ii) the charging, convicting, and sentencing of persons for mandatory minimum
sentences.
new text end

new text begin (b) At its discretion, the task force may examine, as necessary, other related issues
consistent with this section.
new text end

new text begin Subd. 6. new text end

new text begin Report. new text end

new text begin On or before January 15, 2025, the task force shall submit a report to
the chairs and ranking minority members of the legislative committees and divisions with
jurisdiction over criminal sentencing on the findings and recommendations of the task force.
new text end

new text begin Subd. 7. new text end

new text begin Expiration. new text end

new text begin The task force expires the day after submitting its report under
subdivision 6.
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. 12. new text begin GROUP VIOLENCE INTERVENTION GRANT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Grants authorized. new text end

new text begin (a) The group violence intervention grant program
is established. The commissioner of public safety through the Office of Justice Programs
shall award grants to county attorneys to fund initiatives designed to reduce homicide and
gun violence and interrupt cycles of community violence using focused deterrence models
that bring together law enforcement, social services, and community. Grant recipients may
use grant money to hire and train additional staff, purchase equipment and supplies, and
contract with outside providers to:
new text end

new text begin (1) establish or expand focused deterrence models to reduce homicide and gun violence;
and
new text end

new text begin (2) evaluate the impact of focused deterrence models established or expanded under this
program.
new text end

new text begin (b) Models established through the grant program must align with best practices in
focused deterrence models used for community violence intervention and violence reduction,
including:
new text end

new text begin (1) establishment of and ongoing oversight from a functioning executive committee
comprised of, at minimum, the sheriff and other chief law enforcement officers, the county
attorney, the United States Attorney, a representative from community corrections, and
other appropriate jurisdictional leaders;
new text end

new text begin (2) identification of an operational team comprised of, at minimum, a project manager,
a law enforcement lead, and a support and outreach lead. The project manager shall be the
operational lead for the initiative and responsible for coordinating across law enforcement,
social services, and community partners. The law enforcement lead shall be responsible for
coordinating the law enforcement portion of the initiative, including supporting the law
enforcement portion of delivery of the focused deterrence message, managing the information
maintenance and sharing necessary to ensure the model is data driven, and ensuring
involvement as needed from patrol officers, investigators responsible for investigating
nonfatal shootings and homicides, command staff, and analysts. The support and outreach
lead shall be responsible for coordinating across social services providers to ensure follow
through on the initiative's credible offers of help to persons seeking support in exiting cycles
of violence, including supporting the social services portion of delivery of the focused
deterrence message and ensuring that participants have access to services, resources, and
supports needed to work toward exiting cycles of violence;
new text end

new text begin (3) use of data to drive design and ongoing implementation of the initiative. Data and
information should be used regularly to identify and understand which groups are most
active in the community, which groups are driving the largest share of gun violence, which
groups may be at highest risk for direct involvement with gun violence, and if and when
accountability action needs to be imposed on a group. Elements of a data-driven strategy
should include regular shooting review meetings, regular use of a tool to track group-related
shootings, regular audits of which groups are active with input from law enforcement and
community, and regular analysis of group-related gun violence in the initiative's focus area;
new text end

new text begin (4) communication of a focused deterrence message. Through the initiative, a person
engaged in group-involved violence should receive a message that reinforces that the violence
is unacceptable and must stop, that the person is believed to be at high risk of being a victim
or perpetrator of gun violence, that the person is valued by the community, that there are
natural legal consequences to continued involvement with gun violence activities, and that
there is individualized help available for a person who wants to change the behavior and
exit cycles of violence;
new text end

new text begin (5) offer of credible and legitimate social services. Through the initiative, a person
looking to exit cycles of violence should receive an offer of services, resources, and supports
to help with working toward a violence-free lifestyle. The initiative must ensure that resources
are in place to provide the support offered;
new text end

new text begin (6) establishment of procedurally just, natural legal consequences for a person who
continues to engage in gun violence activities. The initiative must ensure that legal
consequences are applied consistently and equitably to a person who continues to engage
in gun violence activities; and
new text end

new text begin (7) establishment of ongoing oversight from a functioning community advisory body
for the initiative. The board must include at least one victims advocate and should serve as
an accountability partner for the operational team and help to ensure the model is meeting
moral standards established by the impacted community.
new text end

new text begin (c) The commissioner shall give preference to applicants that:
new text end

new text begin (1) demonstrate that group-related gun violence is impacting the applicant's communities;
new text end

new text begin (2) seek to fund data-informed, focused deterrence initiatives designed to reduce homicide
and gun violence and interrupt cycles of community violence; and
new text end

new text begin (3) demonstrate the capability to coordinate and collaborate with all of the law
enforcement, social services, and community partners necessary for successful development
and implementation.
new text end

new text begin Subd. 2. new text end

new text begin Application for grants. new text end

new text begin A county attorney may apply to the commissioner of
public safety for a grant for any of the purposes described in subdivision 1. The application
must be on a form provided by the commissioner and comply with requirements developed
by the commissioner. The applicant must describe the intended uses of the grant funds,
estimate the amount of funds required, and include any other information required by the
commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Awards; limitations. new text end

new text begin No grant awarded under subdivision 1 shall exceed $.......
new text end

new text begin Subd. 4. new text end

new text begin Reports. new text end

new text begin (a) A county attorney who receives a grant under this section shall
file a report with the commissioner of public safety by January 15, 2026. The report must
itemize how the county attorney expended the grant funds, identify the purpose of the
expenditures, and explain progress toward reducing homicide and gun violence and
interrupting cycles of community violence.
new text end

new text begin (b) By June 1, 2026, the commissioner of public safety shall report to the chairs and
ranking minority members of the legislative committees and divisions with jurisdiction over
criminal justice policy and finance on the implementation, use, and administration of the
grant programs created under this section.
new text end

Sec. 13. new text begin CRIME VICTIM EMERGENCY FUNDING; APPROPRIATION.
new text end

new text begin $1,000,000 in fiscal year 2025 is appropriated from the general fund to the commissioner
of public safety for general crime victim grants to meet the needs of victims of crime not
covered by domestic violence, sexual assault, or child abuse services.
new text end

Sec. 14. new text begin EMERGENCY FUNDING FOR VICTIMS OF GUN VIOLENCE;
APPROPRIATION.
new text end

new text begin $500,000 in fiscal year 2025 is appropriated from the general fund to the commissioner
of public safety for grants to meet the emergency needs of victims of gun violence. Victims
of gun violence may include victims of domestic violence and sexual assault. Funding must
prioritize the needs of victims who are justice-involved.
new text end

Sec. 15. new text begin VIOLENT CRIME ENFORCEMENT TEAM; APPROPRIATION.
new text end

new text begin $....... in fiscal year 2025 is appropriated from the general fund to the commissioner of
public safety for one additional employee to work with the statewide coordinator under the
Violent Crime Coordinating Council established in Minnesota Statutes, section 299A.642,
whose primary responsibilities must be helping coordinate with local law enforcement to
conduct sting operations and investigations on gun trafficking and straw purchases.
new text end

Sec. 16. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2022, section 609.11, subdivisions 4, 5, 5a, 6, 7, and 8, new text end new text begin are
repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2023 Supplement, section 609.11, subdivision 9, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to crimes
committed on or after that date.
new text end

APPENDIX

Repealed Minnesota Statutes: 24-06759

609.11 MINIMUM SENTENCES OF IMPRISONMENT.

Subd. 4.

Dangerous weapon.

Any defendant convicted of an offense listed in subdivision 9 in which the defendant or an accomplice, at the time of the offense, used, whether by brandishing, displaying, threatening with, or otherwise employing, a dangerous weapon other than a firearm, shall be committed to the commissioner of corrections for not less than one year plus one day, nor more than the maximum sentence provided by law. Any defendant convicted of a second or subsequent offense in which the defendant or an accomplice, at the time of the offense, used a dangerous weapon other than a firearm, shall be committed to the commissioner of corrections for not less than three years nor more than the maximum sentence provided by law.

Subd. 5.

Firearm.

(a) Except as otherwise provided in paragraph (b), any defendant convicted of an offense listed in subdivision 9 in which the defendant or an accomplice, at the time of the offense, had in possession or used, whether by brandishing, displaying, threatening with, or otherwise employing, a firearm, shall be committed to the commissioner of corrections for not less than three years, nor more than the maximum sentence provided by law. Any defendant convicted of a second or subsequent offense in which the defendant or an accomplice, at the time of the offense, had in possession or used a firearm shall be committed to the commissioner of corrections for not less than five years, nor more than the maximum sentence provided by law.

(b) Any defendant convicted of violating section 609.165 or 624.713, subdivision 1, clause (2), shall be committed to the commissioner of corrections for not less than five years, nor more than the maximum sentence provided by law.

Subd. 5a.

Drug offenses.

Notwithstanding section 609.035, whenever a defendant is subject to a mandatory minimum sentence for a felony violation of chapter 152, other than a violation of section 152.021, subdivision 2b, clause (1), or a violation of chapter 152 sentenced under section 152.021, subdivision 3, paragraph (c), and is also subject to this section, the minimum sentence imposed under this section shall be consecutive to that imposed under chapter 152.

Subd. 6.

No early release.

Any defendant convicted and sentenced as required by this section 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 the provisions of sections 242.19, 243.05, 244.04, 609.12 and 609.135.

Subd. 7.

Fact finder shall establish.

The question of whether the defendant or an accomplice, at the time of commission of an offense listed in subdivision 9, used a firearm or other dangerous weapon or had in possession a firearm shall be determined by the fact finder at the time of a verdict or finding of guilt at trial or the entry of a plea of guilty based upon the record of the trial or the plea of guilty. The fact finder shall also determine whether the defendant has been convicted of a second or subsequent offense in which the defendant or an accomplice, at the time of commission of an offense listed in subdivision 9, used a firearm or other dangerous weapon or had in possession a firearm.

Subd. 8.

Motion by prosecutor.

(a) Except as otherwise provided in paragraphs (b) and (c), prior to the time of sentencing, the prosecutor may file a motion to have the defendant sentenced without regard to the mandatory minimum sentences established by this section. 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 sentences established by this section 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 sentences established by this section 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.

(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.

Subd. 9.

Applicable offenses.

The crimes for which mandatory minimum sentences shall be served as provided in this section are: murder in the first, second, or third degree; assault in the first, second, or third degree; burglary; kidnapping; false imprisonment; manslaughter in the first or second degree; aggravated robbery; simple robbery; carjacking in the first, second, or third degree; first-degree or aggravated first-degree witness tampering; criminal sexual conduct under the circumstances described in sections 609.342, subdivision 1, and subdivision 1a, clauses (a) to (f) and (i); 609.343, subdivision 1, and subdivision 1a, clauses (a) to (f) and (i); and 609.344, subdivision 1, clauses (a) to (c) and (d), under the conditions described in section 609.341, subdivision 24, clause (2), item (i), (ii), or (iii), and subdivision 1a, clauses (a) to (e), (h), and (i), under the conditions described in section 609.341, subdivision 24, clause (2), item (i), (ii), or (iii); escape from custody; arson in the first, second, or third degree; drive-by shooting under section 609.66, subdivision 1e; harassment under section 609.749, subdivision 3, paragraph (a), clause (3); possession or other unlawful use of a firearm or ammunition in violation of section 609.165, subdivision 1b, or 624.713, subdivision 1, clause (2), a felony violation of chapter 152; or any attempt to commit any of these offenses.