SF 395

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; expanding endangerment 
  1.3             by firearm access; reducing the penalty for access to 
  1.4             firearms; amending Minnesota Statutes 1994, sections 
  1.5             609.378, subdivision 1; and 609.666, subdivision 2. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 609.378, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [PERSONS GUILTY OF NEGLECT OR 
  1.10  ENDANGERMENT.] (a)  [NEGLECT.] (1) A parent, legal guardian, or 
  1.11  caretaker who willfully deprives a child of necessary food, 
  1.12  clothing, shelter, health care, or supervision appropriate to 
  1.13  the child's age, when the parent, guardian, or caretaker is 
  1.14  reasonably able to make the necessary provisions and the 
  1.15  deprivation harms or is likely to substantially harm the child's 
  1.16  physical, mental, or emotional health is guilty of neglect of a 
  1.17  child and may be sentenced to imprisonment for not more than one 
  1.18  year or to payment of a fine of not more than $3,000, or both.  
  1.19  If the deprivation results in substantial harm to the child's 
  1.20  physical, mental, or emotional health, the person may be 
  1.21  sentenced to imprisonment for not more than five years or to 
  1.22  payment of a fine of not more than $10,000, or both.  If a 
  1.23  parent, guardian, or caretaker responsible for the child's care 
  1.24  in good faith selects and depends upon spiritual means or prayer 
  1.25  for treatment or care of disease or remedial care of the child, 
  2.1   this treatment or care is "health care," for purposes of this 
  2.2   clause. 
  2.3      (2) A parent, legal guardian, or caretaker who knowingly 
  2.4   permits the continuing physical or sexual abuse of a child is 
  2.5   guilty of neglect of a child and may be sentenced to 
  2.6   imprisonment for not more than one year or to payment of a fine 
  2.7   of not more than $3,000, or both.  
  2.8      (b)  [ENDANGERMENT.] A parent, legal guardian, or caretaker 
  2.9   who endangers the child's person or health by: 
  2.10     (1) intentionally or recklessly causing or permitting a 
  2.11  child to be placed in a situation likely to substantially harm 
  2.12  the child's physical, mental, or emotional health or cause the 
  2.13  child's death; or 
  2.14     (2) knowingly causing or permitting the child to be present 
  2.15  where any person is selling or possessing a controlled 
  2.16  substance, as defined in section 152.01, subdivision 4, in 
  2.17  violation of section 152.021, 152.022, 152.023, or 152.024; is 
  2.18  guilty of child endangerment and may be sentenced to 
  2.19  imprisonment for not more than one year or to payment of a fine 
  2.20  of not more than $3,000, or both.  
  2.21     If the endangerment results in substantial harm to the 
  2.22  child's physical, mental, or emotional health, the person may be 
  2.23  sentenced to imprisonment for not more than five years or to 
  2.24  payment of a fine of not more than $10,000, or both.  
  2.25     This paragraph does not prevent a parent, legal guardian, 
  2.26  or caretaker from causing or permitting a child to engage in 
  2.27  activities that are appropriate to the child's age, stage of 
  2.28  development, and experience, or from selecting health care as 
  2.29  defined in subdivision 1, paragraph (a). 
  2.30     (c)  [ENDANGERMENT BY FIREARM ACCESS.] A person who 
  2.31  intentionally or recklessly causes a any child under 14 years of 
  2.32  age to be placed in a situation likely to substantially harm the 
  2.33  child's physical health of the child or another or cause the 
  2.34  child's death of the child or another as a result of the child's 
  2.35  access to a loaded firearm is guilty of child endangerment and 
  2.36  may be sentenced to imprisonment for not more than one year or 
  3.1   to payment of a fine of not more than $3,000, or both. 
  3.2      If the endangerment results in substantial harm to the 
  3.3   child's physical health of the child or another, the person may 
  3.4   be sentenced to imprisonment for not more than five years or to 
  3.5   payment of a fine of not more than $10,000, or both. 
  3.6      Sec. 2.  Minnesota Statutes 1994, section 609.666, 
  3.7   subdivision 2, is amended to read: 
  3.8      Subd. 2.  [ACCESS TO FIREARMS.] A person is guilty of a 
  3.9   gross misdemeanor who negligently stores or leaves a loaded 
  3.10  firearm in a location where the person knows, or reasonably 
  3.11  should know, that a child is likely to gain access, unless 
  3.12  reasonable action is taken to secure the firearm against access 
  3.13  by the child.