Minnesota Legislature
HF 4678
as introduced - 93rd Legislature (2023 - 2024) Posted on 03/11/2024 04:57pm
Bill Text Versions
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| Introduction | Posted on 03/06/2024 |
Current Version - as introduced
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A bill for an act
relating to public safety; increasing certain criminal penalties for crimes committed
because of the victim's political affiliation or beliefs; amending Minnesota Statutes
2023 Supplement, sections 609.2231, subdivision 4; 609.2233; 609.595,
subdivisions 1a, 2; 609.749, subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2023 Supplement, section 609.2231, subdivision 4, is
amended to read:
Subd. 4.
Assaults motivated by bias.
(a) Whoever assaults another in whole or in
substantial part because of the victim's or another's actual or perceived race, color, ethnicity,
religion, sex, gender, sexual orientation, gender identity, gender expression, age, new text begin political
affiliation or beliefs, new text end national origin, or disability as defined in section 363A.03, or because
of the victim's actual or perceived association with another person or group of a certain
actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender
identity, gender expression, age, new text begin political affiliation or beliefs, new text end national origin, or disability
as defined in section 363A.03, may be sentenced to imprisonment for not more than 364
days or to payment of a fine of not more than $3,000, or both.
(b) Whoever violates the provisions of paragraph (a) within five years of a previous
conviction under paragraph (a) is guilty of a felony and may be sentenced to imprisonment
for not more than one year and a day or to payment of a fine of not more than $3,000, or
both.
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 2023 Supplement, section 609.2233, is amended to read:
609.2233 FELONY ASSAULT MOTIVATED BY BIAS; INCREASED
STATUTORY MAXIMUM SENTENCE.
A person who violates section 609.221, 609.222, or 609.223 in whole or in substantial
part because of the victim's or another person's actual or perceived race, color, ethnicity,
religion, sex, gender, sexual orientation, gender identity, gender expression, age, new text begin political
affiliation or beliefs, new text end national origin, or disability as defined in section 363A.03, or because
of the victim's actual or perceived association with another person or group of a certain
actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender
identity, gender expression, age, new text begin political affiliation or beliefs, new text end national origin, or disability
as defined in section 363A.03, is subject to a statutory maximum penalty of 25 percent
longer than the maximum penalty otherwise applicable.
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 2023 Supplement, section 609.595, subdivision 1a, is amended
to read:
Subd. 1a.
Criminal damage to property in the second degree.
(a) Whoever intentionally
causes damage described in subdivision 2, paragraph (a), is guilty of a felony and may be
sentenced to imprisonment for not more than one year and a day or to payment of a fine of
not more than $3,000, or both, if the damage:
(1) was committed in whole or in substantial part because of the property owner's or
another's actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation,
gender identity, gender expression, age, new text begin political affiliation or beliefs, new text end national origin, or
disability as defined in section 363A.03;
(2) was committed in whole or in substantial part because of the victim's actual or
perceived association with another person or group of a certain actual or perceived race,
color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression,
age, new text begin political affiliation or beliefs, new text end national origin, or disability as defined in section 363A.03;
or
(3) was motivated in whole or in substantial part by an intent to intimidate or harm an
individual or group of individuals because of actual or perceived race, color, ethnicity,
religion, sex, gender, sexual orientation, gender identity, gender expression, age, new text begin political
affiliation or beliefs, new text end national origin, or disability as defined in section 363A.03.
(b) In any prosecution under paragraph (a), the value of property damaged by the
defendant in violation of that paragraph within any six-month period may be aggregated
and the defendant charged accordingly in applying this section. When two or more offenses
are committed by the same person in two or more counties, the accused may be prosecuted
in any county in which one of the offenses was committed for all of the offenses aggregated
under this paragraph.
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 2023 Supplement, section 609.595, subdivision 2, is amended
to read:
Subd. 2.
Criminal damage to property in the third degree.
(a) Except as otherwise
provided in subdivision 1a, whoever intentionally causes damage to another person's physical
property without the other person's consent may be sentenced to imprisonment for not more
than 364 days or to payment of a fine of not more than $3,000, or both, if: (1) the damage
reduces the value of the property by more than $500 but not more than $1,000 as measured
by the cost of repair and replacement; or (2) the damage was to a public safety motor vehicle
and the defendant knew the vehicle was a public safety motor vehicle.
(b) Whoever intentionally causes damage to another person's physical property without
the other person's consent may be sentenced to imprisonment for not more than 364 days
or to payment of a fine of not more than $3,000, or both, if the damage reduces the value
of the property by not more than $500 and:
(1) was committed in whole or in substantial part because of the property owner's or
another's actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation,
gender identity, gender expression, age, new text begin political affiliation or beliefs, new text end national origin, or
disability as defined in section 363A.03;
(2) was committed in whole or in substantial part because of the victim's actual or
perceived association with another person or group of a certain actual or perceived race,
color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression,
age, new text begin political affiliation or beliefs, new text end national origin, or disability as defined in section 363A.03;
or
(3) was motivated in whole or in substantial part by an intent to intimidate or harm an
individual or group of individuals because of actual or perceived race, color, ethnicity,
religion, sex, gender, sexual orientation, gender identity, gender expression, age, new text begin political
affiliation or beliefs, new text end national origin, or disability as defined in section 363A.03.
(c) In any prosecution under paragraph (a), clause (1), the value of property damaged
by the defendant in violation of that paragraph within any six-month period may be
aggregated and the defendant charged accordingly in applying this section. When two or
more offenses are committed by the same person in two or more counties, the accused may
be prosecuted in any county in which one of the offenses was committed for all of the
offenses aggregated under this paragraph.
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. 5.
Minnesota Statutes 2023 Supplement, section 609.749, subdivision 3, is amended
to read:
Subd. 3.
Aggravated violations.
(a) A person who commits any of the following acts
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:
(1) commits any offense described in subdivision 2 in whole or in substantial part because
of the victim's or another's actual or perceived race, color, ethnicity, religion, sex, gender,
sexual orientation, gender identity, gender expression, age, new text begin political affiliation or beliefs,
new text end national origin, or disability as defined in section 363A.03, or because of the victim's actual
or perceived association with another person or group of a certain actual or perceived race,
color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression,
age, new text begin political affiliation or beliefs, new text end national origin, or disability as defined in section 363A.03;
(2) commits any offense described in subdivision 2 by falsely impersonating another;
(3) commits any offense described in subdivision 2 and a dangerous weapon was used
in any way in the commission of the offense;
(4) commits any offense described in subdivision 2 with intent to influence or otherwise
tamper with a juror or a judicial proceeding or with intent to retaliate against a judicial
officer, as defined in section 609.415, or a prosecutor, defense attorney, or officer of the
court, because of that person's performance of official duties in connection with a judicial
proceeding; or
(5) commits any offense described in subdivision 2 against a victim under the age of
18, if the actor is more than 36 months older than the victim.
(b) A person who commits any offense described in subdivision 2 against a victim under
the age of 18, if the actor is more than 36 months older than the victim, and the act is
committed with sexual or aggressive intent, is guilty of a felony and may be sentenced to
imprisonment for not more than ten years or to payment of a fine of not more than $20,000,
or both.
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