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HF 504

as introduced - 89th Legislature (2015 - 2016) Posted on 02/02/2015 01:42pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
 relating to public safety; authorizing issuance of a criminal protection order as
part of a sentence; creating new criminal penalties; amending Minnesota Statutes
2014, sections 609.10, subdivision 1; 609.125, subdivision 1; 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 2014, section 609.10, subdivision 1, is amended to read:


Subdivision 1.

Sentences available.

(a) Upon conviction of a felony and compliance
with the other provisions of this chapter the court, if it imposes sentence, may sentence
the defendant to the extent authorized by law as follows:

(1) to life imprisonment; or

(2) to imprisonment for a fixed term of years set by the court; or

(3) to both imprisonment for a fixed term of years and payment of a fine; or

(4) to payment of a fine without imprisonment or as an intermediate sanction on a
stayed sentence; or

(5) to payment of court-ordered restitution in addition to either imprisonment
or payment of a fine, or both; deleted text begin or
deleted text end

(6) to payment of a local correctional fee as authorized under section 609.102 in
addition to any other sentence imposed by the courtnew text begin ; or
new text end

new text begin (7) to issuance of a criminal protection order as authorized under section 609.1155 in
addition to any other sentence imposed by the courtnew text end .

(b) If the court imposes a fine or orders restitution under paragraph (a), payment is
due on the date imposed unless the court otherwise establishes a due date or a payment plan.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
 new text end

Sec. 2.

new text begin [609.1155] CRIMINAL PROTECTION ORDER; SENTENCING.
 new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms in this
subdivision have the meanings given.
 new text end

new text begin (b) "Person offense" includes a violation of or an attempt to violate sections 518B.01,
subdivision 14; 609.185; 609.19; 609.195; 609.20; 609.205; 609.2112; 609.2113;
609.2114; 609.221; 609.222; 609.223; 609.2231; 609.224; 609.2242; 609.2245; 609.2247;
609.229; 609.23; 609.231; 609.2325; 609.233; 609.24; 609.245; 609.25; 609.255;
609.265; 609.2661; 609.2662; 609.2663; 609.2664; 609.2665; 609.267; 609.2671;
609.2672; 609.268; 609.27; 609.275; 609.282; 609.322; 609.324; 609.342; 609.343;
609.344; 609.345; 609.3451; 609.352; 609.377; 609.378; 609.713; 609.748, subdivision
6; 609.749; and 629.75; and similar laws of other states, the United States, the District of
Columbia, tribal lands, and United States territories.
 new text end

new text begin (c) "Victim" means a natural person who incurs loss or harm as a result of a person
offense.
 new text end

new text begin Subd. 2. new text end

new text begin Criminal protection order. new text end

new text begin In all cases in which a defendant has been
convicted of a person offense, the court, at the time of sentencing, shall consider issuing a
criminal protection order restraining the defendant from any contact with the victim or a
family member of the victim, whether in person, by telephone, mail, electronic mail or
messaging, through electronic devices or a third person, or through any other means
identified by the court. Relief granted in a criminal protection order shall be for the term
of the defendant's sentence, unless the court determines a different period is appropriate.
The order shall specify the identity of any family member protected by the order.
 new text end

new text begin Subd. 3. new text end

new text begin Hearing; issuance. new text end

new text begin The court may issue an order if the court finds that,
based on the history, character, and criminal record of the defendant and the nature and
circumstances of the crime, a criminal protection order is needed to protect the victim or
the victim's family member from harm or harassment. The prosecutor and defendant or
defendant's attorney may submit written arguments to the court prior to the sentencing
hearing, or may make oral arguments at the sentencing hearing. The court may also
consider the presentence investigation report, if any, prepared under section 609.115.
 new text end

new text begin Subd. 4. new text end

new text begin Criminal penalties. new text end

new text begin (a) Except as otherwise provided in paragraphs (b)
and (c), a person who knows of the existence of the criminal protection order and violates
the order is guilty of a misdemeanor.
 new text end

new text begin (b) A person who violates this subdivision within ten years of a previous person
offense conviction or adjudication of delinquency is guilty of a gross misdemeanor. Upon
a gross misdemeanor conviction under this paragraph, the defendant must be sentenced
to a minimum of ten days' imprisonment. Notwithstanding section 609.135, the court
must impose and execute the minimum sentence provided in this paragraph for gross
misdemeanor convictions.
 new text end

new text begin (c) A person 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, if the
person violates this subdivision:
 new text end

new text begin (1) within ten years of the first of two or more previous person offense convictions
or adjudications of delinquency; or
 new text end

new text begin (2) while possessing a dangerous weapon, as defined in section 609.02, subdivision 6.
 new text end

new text begin Upon a felony conviction under this paragraph, in which the court stays imposition or
execution of sentence, the court shall impose at least a 30-day period of incarceration as
a condition of probation. Notwithstanding section 609.135, the court must impose and
execute the minimum sentence provided in this paragraph for felony convictions.
 new text end

new text begin Subd. 5. new text end

new text begin Warrantless custodial arrest. new text end

new text begin A peace officer shall arrest without a warrant
and take into custody a person whom the peace officer has probable cause to believe has
violated a criminal protection order, even if the violation of the order did not take place in
the presence of the peace officer, if the existence of the order can be verified by the officer.
The person shall be held in custody for at least 36 hours, excluding the day of arrest,
Sundays, and holidays, unless the person is released earlier by a judge or judicial officer. A
peace officer acting in good faith and exercising due care in making an arrest pursuant to
this subdivision is immune from civil liability that might result from the officer's actions.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
 new text end

Sec. 3.

Minnesota Statutes 2014, section 609.125, subdivision 1, is amended to read:


Subdivision 1.

Sentences available.

(a) Upon conviction of a misdemeanor or gross
misdemeanor the court, if sentence is imposed, may, to the extent authorized by law,
sentence the defendant:

(1) to imprisonment for a definite term; or

(2) to payment of a fine without imprisonment or as an intermediate sanction on a
stayed sentence; or

(3) to both imprisonment for a definite term and payment of a fine; or

(4) to payment of court-ordered restitution in addition to either imprisonment
or payment of a fine, or both; or

(5) to payment of a local correctional fee as authorized under section 609.102 in
addition to any other sentence imposed by the court; deleted text begin or
deleted text end

(6) to perform work service in a restorative justice program in addition to any other
sentence imposed by the courtnew text begin ; or
new text end

new text begin (7) to issuance of a criminal protection order as authorized under section 609.1155 in
addition to any other sentence imposed by the courtnew text end .

(b) If the court imposes a fine or orders restitution under paragraph (a), payment is
due on the date imposed unless the court otherwise establishes a due date or a payment plan.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
 new text end