HF 5260

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/04/2024 02:51pm

A bill for an act
relating to public safety; increasing the penalty for certain crimes committed after
unlawful reentry or for the benefit of a transnational crime organization; amending
Minnesota Statutes 2022, section 609.229, subdivisions 1, 2; proposing coding for
new law in Minnesota Statutes, chapter 609.

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

Section 1.

new text begin [609.1097] INCREASED SENTENCES AFTER UNLAWFUL REENTRY.
new text end

new text begin (a) As used in this section, "removal" means any agreement in which a person stipulates
to removal during a criminal proceeding under federal or state law.
new text end

new text begin (b) A person who commits a felony after being deported or removed from the United
States under federal immigration proceedings for committing a felony, or after departing
the United States while such an order of deportation or removal is outstanding, is guilty of
a crime and may be sentenced as provided in paragraph (c).
new text end

new text begin (c) The statutory maximum for a crime committed in violation of paragraph (b) is five
years longer than the statutory maximum for the underlying crime. The statutory maximum
for a crime committed in violation of paragraph (b) is ten years longer than the statutory
maximum for the underlying crime if the victim of the crime is a child under the age of 18
years.
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. 2.

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

Subdivision 1.

Definition.

new text begin (a) new text end 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 609.11, subdivision 9;

(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 (b) As used in this section, "transnational crime organization" means an organization
that routinely facilitates the international trafficking of drugs, humans, or weapons or the
international smuggling of humans.
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. 3.

Minnesota Statutes 2022, section 609.229, subdivision 2, is amended to read:

Subd. 2.

Crimes.

A person who commits a crime for the benefit of, at the direction of,
in association with, or motivated by involvement with a criminal gang new text begin or transnational crime
organization new text end , with the intent to promote, further, or assist in criminal conduct by gang
members new text begin or the transnational crime organization new text end is guilty of a crime and may be sentenced
as provided in subdivision 3.

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