SF 572

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

  1.1                          A bill for an act 
  1.2             relating to crime prevention; increasing the penalty 
  1.3             for committing a domestic assault when a child is 
  1.4             likely to or does see or hear the violation; amending 
  1.5             Minnesota Statutes 1998, section 609.2242, subdivision 
  1.6             2. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 609.2242, 
  1.9   subdivision 2, is amended to read: 
  1.10     Subd. 2.  [GROSS MISDEMEANOR.] (a) As used in this 
  1.11  subdivision: 
  1.12     (1) "child" means a person who is under the age of 18 and a 
  1.13  family or household member of the victim or the perpetrator; and 
  1.14     (2) "family or household member" has the meaning given in 
  1.15  section 518B.01, subdivision 2. 
  1.16     (b) Whoever violates subdivision 1: 
  1.17     (1) during the time period between a previous conviction 
  1.18  under this section or sections 609.221 to 609.2231, 609.224, 
  1.19  609.342 to 609.345, or 609.713 against a family or household 
  1.20  member as defined in section 510B.01, subdivision 2, and the end 
  1.21  of the five years following discharge from sentence for that 
  1.22  conviction; 
  1.23     (2) knowing or having reason to know that a child is likely 
  1.24  to see or hear the violation; or 
  1.25     (3) under circumstances where a child actually sees or 
  1.26  hears the violation, 
  2.1   is guilty of a gross misdemeanor and may be sentenced to 
  2.2   imprisonment for not more than one year or to payment of a fine 
  2.3   of not more than $3,000, or both. 
  2.4      Sec. 2.  [EFFECTIVE DATE.] 
  2.5      Section 1 is effective August 1, 1999, and applies to 
  2.6   crimes committed on or after that date.