HF 97

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crime; authorizing aggregation of 
  1.3             controlled substance sale amounts for the purposes of 
  1.4             the first, second, and third degree controlled 
  1.5             substance crimes; amending Minnesota Statutes 1996, 
  1.6             sections 152.021, subdivision 3; 152.022, subdivision 
  1.7             3; and 152.023, subdivision 3. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 152.021, 
  1.10  subdivision 3, is amended to read: 
  1.11     Subd. 3.  [PENALTY.] (a) A person convicted under 
  1.12  subdivision 1 or 2 may be sentenced to imprisonment for not more 
  1.13  than 30 years or to payment of a fine of not more than 
  1.14  $1,000,000, or both. 
  1.15     (b) If the conviction is a subsequent controlled substance 
  1.16  conviction, a person convicted under subdivision 1 or 2 shall be 
  1.17  committed to the commissioner of corrections for not less than 
  1.18  four years nor more than 40 years and, in addition, may be 
  1.19  sentenced to payment of a fine of not more than $1,000,000.  
  1.20     (c) In a prosecution under subdivision 1 involving sales by 
  1.21  the same person in two one or more counties within a 90-day 
  1.22  period, the sales may be aggregated and the person may be 
  1.23  prosecuted for all of the sales in any county in which one of 
  1.24  the sales occurred. 
  1.25     Sec. 2.  Minnesota Statutes 1996, section 152.022, 
  1.26  subdivision 3, is amended to read: 
  2.1      Subd. 3.  [PENALTY.] (a) A person convicted under 
  2.2   subdivision 1 or 2 may be sentenced to imprisonment for not more 
  2.3   than 25 years or to payment of a fine of not more than $500,000, 
  2.4   or both. 
  2.5      (b) If the conviction is a subsequent controlled substance 
  2.6   conviction, a person convicted under subdivision 1 or 2 shall be 
  2.7   committed to the commissioner of corrections for not less than 
  2.8   three years nor more than 40 years and, in addition, may be 
  2.9   sentenced to payment of a fine of not more than $500,000.  
  2.10     (c) In a prosecution under subdivision 1 involving sales by 
  2.11  the same person in two one or more counties within a 90-day 
  2.12  period, the sales may be aggregated and the person may be 
  2.13  prosecuted for all of the sales in any county in which one of 
  2.14  the sales occurred. 
  2.15     Sec. 3.  Minnesota Statutes 1996, section 152.023, 
  2.16  subdivision 3, is amended to read: 
  2.17     Subd. 3.  [PENALTY.] (a) A person convicted under 
  2.18  subdivision 1 or 2 may be sentenced to imprisonment for not more 
  2.19  than 20 years or to payment of a fine of not more than $250,000, 
  2.20  or both. 
  2.21     (b) If the conviction is a subsequent controlled substance 
  2.22  conviction, a person convicted under subdivision 1 or 2 shall be 
  2.23  committed to the commissioner of corrections for not less than 
  2.24  two years nor more than 30 years and, in addition, may be 
  2.25  sentenced to payment of a fine of not more than $250,000.  
  2.26     (c) In a prosecution under subdivision 1 involving sales by 
  2.27  the same person in one or more counties within a 90-day period, 
  2.28  the sales may be aggregated and the person may be prosecuted in 
  2.29  any county in which one of the sales occurred. 
  2.30     Sec. 4.  [EFFECTIVE DATE.] 
  2.31     Sections 1 to 3 are effective August 1, 1997, and apply to 
  2.32  crimes committed on or after that date.