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HF 43

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 02/16/2023 04:14pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public safety; setting the maximum term of incarceration for a gross
misdemeanor at 364 days; amending Minnesota Statutes 2022, sections 609.02,
subdivision 2; 609.03; 609.105, subdivisions 1, 3; 609.1055; proposing coding for
new law in Minnesota Statutes, chapter 609.

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

Section 1.

Minnesota Statutes 2022, section 609.02, subdivision 2, is amended to read:


Subd. 2.

Felony.

"Felony" means a crime for which a sentence of imprisonment for
deleted text begin more thandeleted text end one year new text begin or more new text end may be imposed.

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2022, section 609.03, is amended to read:


609.03 PUNISHMENT WHEN NOT OTHERWISE FIXED.

If a person is convicted of a crime for which no punishment is otherwise provided the
person may be sentenced as follows:

(1) If the crime is a felony, to imprisonment for not more than five years or to payment
of a fine of not more than $10,000, or both; or

(2) If the crime is a gross misdemeanor, to imprisonment for not more than deleted text begin one yeardeleted text end new text begin
364 days
new text end or to payment of a fine of not more than $3,000, or both; or

(3) If the crime is a misdemeanor, to imprisonment for not more than 90 days or to
payment of a fine of not more than $1,000, or both; or

(4) If the crime is other than a misdemeanor and a fine is imposed but the amount is not
specified, to payment of a fine of not more than $1,000, or to imprisonment for a specified
term of not more than six months if the fine is not paid.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to offenders receiving a gross misdemeanor sentence before, on, or after that date.
new text end

Sec. 3.

new text begin [609.0342] MAXIMUM PUNISHMENT FOR GROSS MISDEMEANORS.
new text end

new text begin (a) Any law of this state that provides for a maximum sentence of imprisonment of one
year or is defined as a gross misdemeanor shall be deemed to provide for a maximum fine
of $3,000 and a maximum sentence of imprisonment of 364 days.
new text end

new text begin (b) Any sentence of imprisonment for one year or 365 days imposed or executed before
July 1, 2023, shall be deemed to be a sentence of imprisonment for 364 days. A court may
at any time correct or reduce such a sentence pursuant to rule 27.03, subdivision 9, of the
Rules of Criminal Procedure and shall issue a corrected sentencing order upon motion of
any eligible defendant.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to offenders receiving a gross misdemeanor sentence before, on, or after that date.
new text end

Sec. 4.

Minnesota Statutes 2022, section 609.105, subdivision 1, is amended to read:


Subdivision 1.

Sentence to deleted text begin more thandeleted text end one yearnew text begin or morenew text end .

A felony sentence to
imprisonment for deleted text begin more thandeleted text end one year new text begin or more new text end shall commit the defendant to the custody of
the commissioner of corrections.

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

Minnesota Statutes 2022, section 609.105, subdivision 3, is amended to read:


Subd. 3.

Sentence to new text begin less than new text end one year deleted text begin or lessdeleted text end .

A sentence to imprisonment for a period
of new text begin less than new text end one year deleted text begin or any lesser perioddeleted text end shall be to a workhouse, work farm, county jail,
or other place authorized by law.

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

Minnesota Statutes 2022, section 609.1055, is amended to read:


609.1055 OFFENDERS WITH SERIOUS AND PERSISTENT MENTAL ILLNESS;
ALTERNATIVE PLACEMENT.

When a court intends to commit an offender with a serious and persistent mental illness,
as defined in section 245.462, subdivision 20, paragraph (c), to the custody of the
commissioner of corrections for imprisonment at a state correctional facility, either when
initially pronouncing a sentence or when revoking an offender's probation, the court, when
consistent with public safety, may instead place the offender on probation or continue the
offender's probation and require as a condition of the probation that the offender successfully
complete an appropriate supervised alternative living program having a mental health
treatment component. This section applies only to offenders who would have a remaining
term of imprisonment after adjusting for credit for prior imprisonment, if any, of deleted text begin more thandeleted text end
one yearnew text begin or morenew 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. 7. new text begin REVISOR INSTRUCTION.
new text end

new text begin In Minnesota Statutes, the revisor of statutes shall substitute "364 days" for "one year"
consistent with the change in this act. The revisor shall also make other technical changes
resulting from the change of term to the statutory language if necessary to preserve the
meaning of the text.
new text end