SF 139

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes; substantially increasing mandatory 
  1.3             minimum penalties for persons convicted of committing 
  1.4             certain violent crimes with firearms; amending 
  1.5             Minnesota Statutes 1998, section 609.11, subdivisions 
  1.6             5 and 7. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 609.11, 
  1.9   subdivision 5, is amended to read: 
  1.10     Subd. 5.  [FIREARM.] (a) Except as otherwise provided in 
  1.11  paragraph paragraphs (b) to (d), any defendant convicted of an 
  1.12  offense listed in subdivision 9 in which the defendant or an 
  1.13  accomplice, at the time of the offense, had in possession or 
  1.14  used, whether by brandishing, displaying, threatening with, or 
  1.15  otherwise employing, a firearm, shall be committed to the 
  1.16  commissioner of corrections for not less than three ten years, 
  1.17  nor more than the maximum sentence provided by law.  Any 
  1.18  defendant convicted of a second or subsequent offense in which 
  1.19  the defendant or an accomplice, at the time of the offense, had 
  1.20  in possession or used a firearm shall be committed to the 
  1.21  commissioner of corrections for not less than five years, nor 
  1.22  more than the maximum sentence provided by law.  The mandatory 
  1.23  minimum penalty imposed under this paragraph shall be imposed in 
  1.24  addition and consecutive to the punishment prescribed for the 
  1.25  offense committed. 
  1.26     (b) Any defendant convicted of violating section 609.165 or 
  2.1   624.713, subdivision 1, clause (b), shall be committed to the 
  2.2   commissioner of corrections for not less than five ten years, 
  2.3   nor more than the maximum sentence provided by law.  
  2.4      (c) Any defendant convicted of an offense listed in 
  2.5   subdivision 9 in which the defendant or an accomplice, at the 
  2.6   time of the offense, intentionally discharged a firearm, shall 
  2.7   be committed to the commissioner of corrections for not less 
  2.8   than 20 years.  The mandatory minimum penalty imposed under this 
  2.9   paragraph shall be imposed in addition and consecutive to the 
  2.10  punishment prescribed for the offense committed. 
  2.11     (d) Any defendant convicted of an offense listed in 
  2.12  subdivision 9 in which the defendant or an accomplice, at the 
  2.13  time of the offense, intentionally discharged a firearm and 
  2.14  proximately caused great bodily harm or death to any person 
  2.15  other than an accomplice, shall be committed to the commissioner 
  2.16  of corrections for not less than 25 years to life imprisonment.  
  2.17  The mandatory minimum penalty imposed under this paragraph shall 
  2.18  be imposed in addition and consecutive to the punishment 
  2.19  prescribed for the offense committed. 
  2.20     Sec. 2.  Minnesota Statutes 1998, section 609.11, 
  2.21  subdivision 7, is amended to read: 
  2.22     Subd. 7.  [PROSECUTOR SHALL ESTABLISH.] Whenever reasonable 
  2.23  grounds exist to believe that the defendant or an accomplice 
  2.24  used a firearm or other dangerous weapon or, had in possession a 
  2.25  firearm, discharged a firearm, or discharged a firearm resulting 
  2.26  in great bodily harm or death, at the time of commission of an 
  2.27  offense listed in subdivision 9, the prosecutor shall, at the 
  2.28  time of trial or at the plea of guilty, present on the record 
  2.29  all evidence tending to establish that fact unless it is 
  2.30  otherwise admitted on the record.  The question of whether the 
  2.31  defendant or an accomplice, at the time of commission of an 
  2.32  offense listed in subdivision 9, used a firearm or other 
  2.33  dangerous weapon or had in possession a firearm shall be 
  2.34  determined by The court shall determine, as appropriate, on the 
  2.35  record at the time of a verdict or finding of guilt at trial or 
  2.36  the entry of a plea of guilty based upon the record of the trial 
  3.1   or the plea of guilty, one of the following questions: 
  3.2      (1) whether the defendant or an accomplice, at the time of 
  3.3   commission of an offense listed in subdivision 9, used a firearm 
  3.4   or other dangerous weapon or had in possession a firearm; 
  3.5      (2) whether the defendant or an accomplice, at the time of 
  3.6   the commission of an offense listed in subdivision 9, 
  3.7   intentionally discharged a firearm; or 
  3.8      (3) whether the defendant or an accomplice, at the time of 
  3.9   the offense, intentionally discharged a firearm and proximately 
  3.10  caused great bodily harm or death.  The court shall determine on 
  3.11  the record at the time of sentencing whether the defendant has 
  3.12  been convicted of a second or subsequent offense in which the 
  3.13  defendant or an accomplice, at the time of commission of an 
  3.14  offense listed in subdivision 9, used a firearm or other 
  3.15  dangerous weapon or had in possession a firearm.  
  3.16     Sec. 3.  [EFFECTIVE DATE.] 
  3.17     Sections 1 and 2 are effective August 1, 1999, and apply to 
  3.18  crimes committed on or after that date.