SF 544

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; providing for increased 
  1.3             mandatory minimum prison sentences for persons 
  1.4             convicted of committing certain offenses with 
  1.5             firearms; requiring a public awareness campaign 
  1.6             regarding the increased sentences; amending Minnesota 
  1.7             Statutes 2000, section 609.11, subdivisions 5, 7, 8, 
  1.8             and 10; repealing Minnesota Statutes 2000, section 
  1.9             609.11, subdivision 1. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 2000, section 609.11, 
  1.12  subdivision 5, is amended to read: 
  1.13     Subd. 5.  [FIREARM.] (a) Unless a longer mandatory minimum 
  1.14  sentence is otherwise required by law and except as otherwise 
  1.15  provided in paragraph (b), (c), or (d), any defendant convicted 
  1.16  of an offense listed in subdivision 9 in which the defendant or 
  1.17  an accomplice, at the time of the offense, had in possession or 
  1.18  used, whether by brandishing, displaying, threatening with, or 
  1.19  otherwise employing, a firearm, shall be committed to the 
  1.20  commissioner of corrections for a term of imprisonment of not 
  1.21  less than three ten years, nor more than notwithstanding the 
  1.22  maximum sentence otherwise provided by law.  Any defendant 
  1.23  convicted of a second or subsequent offense in which the 
  1.24  defendant or an accomplice, at the time of the offense, had in 
  1.25  possession or used a firearm shall be committed to the 
  1.26  commissioner of corrections for not less than five years, nor 
  1.27  more than the maximum sentence provided by law.  
  2.1      (b) Unless a longer mandatory minimum sentence is otherwise 
  2.2   required by law and except as otherwise provided in paragraph 
  2.3   (c) or (d), any defendant convicted of an offense listed in 
  2.4   subdivision 9 in which the defendant or an accomplice discharged 
  2.5   a firearm during the commission of the offense shall be 
  2.6   committed to the commissioner of corrections for a term of 
  2.7   imprisonment of not less than 20 years, notwithstanding the 
  2.8   maximum sentence otherwise provided by law. 
  2.9      (c) Unless a longer mandatory minimum sentence is otherwise 
  2.10  required by law and except as otherwise provided in paragraph 
  2.11  (d), any defendant convicted of an offense listed in subdivision 
  2.12  9 in which the defendant or an accomplice discharged a firearm 
  2.13  during the commission of the offense, and as a result of the 
  2.14  discharge great bodily harm or death was inflicted upon any 
  2.15  person other than the defendant or accomplice, shall be 
  2.16  committed to the commissioner of corrections for a term of 
  2.17  imprisonment of not less than 25 years nor more than life, 
  2.18  notwithstanding the maximum sentence otherwise provided by law. 
  2.19     (d) Any defendant convicted of violating section 609.165 or 
  2.20  624.713, subdivision 1, clause (b), shall be committed to the 
  2.21  commissioner of corrections for not less than five years, nor 
  2.22  more than the maximum sentence provided by law.  
  2.23     Sec. 2.  Minnesota Statutes 2000, section 609.11, 
  2.24  subdivision 7, is amended to read: 
  2.25     Subd. 7.  [PROSECUTOR SHALL ESTABLISH.] Whenever reasonable 
  2.26  grounds exist to believe that the defendant or an accomplice 
  2.27  used a firearm or other dangerous weapon or had in possession a 
  2.28  firearm, at the time of commission of an offense listed in 
  2.29  subdivision 9, the prosecutor shall, at the time of trial or at 
  2.30  the plea of guilty, present on the record all evidence tending 
  2.31  to establish that fact unless it is otherwise admitted on the 
  2.32  record.  The question of whether the defendant or an accomplice, 
  2.33  at the time of commission of an offense listed in subdivision 9, 
  2.34  used a firearm or other dangerous weapon or had in possession a 
  2.35  firearm shall be determined by the court on the record at the 
  2.36  time of a verdict or finding of guilt at trial or the entry of a 
  3.1   plea of guilty based upon the record of the trial or the plea of 
  3.2   guilty.  The court shall determine on the record at the time of 
  3.3   sentencing whether the defendant has been convicted of a second 
  3.4   or subsequent offense in which the defendant or an accomplice, 
  3.5   at the time of commission of an offense listed in subdivision 9, 
  3.6   used a firearm or other dangerous weapon or had in possession a 
  3.7   firearm. 
  3.8      Sec. 3.  Minnesota Statutes 2000, section 609.11, 
  3.9   subdivision 8, is amended to read: 
  3.10     Subd. 8.  [MOTION BY PROSECUTOR.] (a) Except as otherwise 
  3.11  provided in paragraph (b), prior to the time of sentencing, the 
  3.12  prosecutor may file a motion to have the defendant sentenced 
  3.13  without regard to the mandatory minimum sentences established by 
  3.14  this section.  The motion shall be accompanied by a statement on 
  3.15  the record of the reasons for it.  When presented with the 
  3.16  motion, or on its own motion, the court may sentence the 
  3.17  defendant without regard to the mandatory minimum sentences 
  3.18  established by this section if the court finds substantial and 
  3.19  compelling reasons to do so.  A sentence imposed under this 
  3.20  subdivision is a departure from the sentencing guidelines. 
  3.21     (b) The court may not, on its own motion or the 
  3.22  prosecutor's motion, sentence a defendant without regard to the 
  3.23  mandatory minimum sentences established by this section: 
  3.24     (1) subdivision 4, if the defendant previously has been 
  3.25  convicted of an offense listed in subdivision 9 in which the 
  3.26  defendant used or possessed a firearm or other dangerous weapon; 
  3.27  or 
  3.28     (2) subdivision 5, regardless of the defendant's prior 
  3.29  record. 
  3.30     Sec. 4.  Minnesota Statutes 2000, section 609.11, 
  3.31  subdivision 10, is amended to read: 
  3.32     Subd. 10.  [REPORT ON CRIMINAL CASES INVOLVING A FIREARM.] 
  3.33  Beginning on July 1, 1994, Every county attorney shall collect 
  3.34  and maintain the following information on criminal complaints 
  3.35  and prosecutions within the county attorney's office in which 
  3.36  the defendant is alleged to have committed an offense listed in 
  4.1   subdivision 9 while possessing or using a firearm: 
  4.2      (1) whether the case was charged or dismissed; 
  4.3      (2) whether the defendant was convicted of the offense or a 
  4.4   lesser offense; and 
  4.5      (3) whether the mandatory minimum sentence required under 
  4.6   this section was imposed and executed or was waived by the 
  4.7   prosecutor or court. 
  4.8      No later than July 1 of each year, beginning on July 1, 
  4.9   1995, the county attorney shall forward this information to the 
  4.10  sentencing guidelines commission upon forms prescribed by the 
  4.11  commission. 
  4.12     Sec. 5.  [PUBLIC AWARENESS CAMPAIGN.] 
  4.13     The commissioner of public safety shall conduct a public 
  4.14  awareness campaign regarding the sentencing provisions in 
  4.15  Minnesota Statutes, section 609.11, subdivision 5.  The campaign 
  4.16  must include public service announcements in the broadcast and 
  4.17  print media and through the Internet. 
  4.18     Sec. 6. [REPEALER.] 
  4.19     Minnesota Statutes 2000, section 609.11, subdivision 1, is 
  4.20  repealed. 
  4.21     Sec. 7.  [EFFECTIVE DATE.] 
  4.22     Sections 1 to 4 and 6 are effective August 1, 2001, and 
  4.23  apply to crimes committed on or after that date.