SF 651

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crime; expanding the scope of the 
  1.3             dangerous and career offender sentencing law and the 
  1.4             crimes of second degree murder, criminal sexual 
  1.5             conduct in the fifth degree, and harassment and 
  1.6             stalking; expanding the restitution laws; increasing 
  1.7             the age for curfew under countywide curfew ordinances; 
  1.8             amending Minnesota Statutes 1994, sections 145A.05, 
  1.9             subdivision 7a; 609.152, subdivision 1; 609.19; 
  1.10            609.3451, subdivision 1; 609.749, subdivision 5; 
  1.11            611A.01; 611A.04, subdivision 1; and 624.712, 
  1.12            subdivision 5. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 1994, section 145A.05, 
  1.15  subdivision 7a, is amended to read: 
  1.16     Subd. 7a.  [CURFEW.] A county board may adopt an ordinance 
  1.17  establishing a countywide curfew for persons under 17 18 years 
  1.18  of age. 
  1.19     Sec. 2.  Minnesota Statutes 1994, section 609.152, 
  1.20  subdivision 1, is amended to read: 
  1.21     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
  1.22  the following terms have the meanings given.  
  1.23     (b) "Conviction" means any of the following accepted and 
  1.24  recorded by the court:  a plea of guilty, a verdict of guilty by 
  1.25  a jury, or a finding of guilty by the court.  The term includes 
  1.26  a conviction by any court in Minnesota or another jurisdiction.  
  1.27     (c) "Prior conviction" means a conviction that occurred 
  1.28  before the offender committed the next felony resulting in a 
  1.29  conviction and before the offense for which the offender is 
  2.1   being sentenced under this section. 
  2.2      (d) "Violent crime" means a violation of or an attempt or 
  2.3   conspiracy to violate any of the following laws of this state or 
  2.4   any similar laws of the United States or any other state:  
  2.5   section 609.185; 609.19; 609.195; 609.20; 609.205; 609.21; 
  2.6   609.221; 609.222; 609.223; 609.228; 609.235; 609.24; 609.245; 
  2.7   609.25; 609.255; 609.2661; 609.2662; 609.2663; 609.2664; 
  2.8   609.2665; 609.267; 609.2671; 609.268; 609.342; 609.343; 609.344; 
  2.9   609.345; 609.498, subdivision 1; 609.561; 609.562; 609.582, 
  2.10  subdivision 1; 609.687; 609.855, subdivision 5; any provision of 
  2.11  sections 609.229; 609.377; 609.378; and 609.749 that is 
  2.12  punishable by a felony penalty; or any provision of chapter 152 
  2.13  that is punishable by a maximum sentence of 15 years or more. 
  2.14     Sec. 3.  Minnesota Statutes 1994, section 609.19, is 
  2.15  amended to read: 
  2.16     609.19 [MURDER IN THE SECOND DEGREE.] 
  2.17     Whoever does any of the following is guilty of murder in 
  2.18  the second degree and may be sentenced to imprisonment for not 
  2.19  more than 40 years:  
  2.20     (1) causes the death of a human being with intent to effect 
  2.21  the death of that person or another, but without premeditation; 
  2.22     (2) causes the death of a human being, without intent to 
  2.23  effect the death of any person, while committing or attempting 
  2.24  to commit a felony offense other than criminal sexual conduct in 
  2.25  the first or second degree with force or violence; or 
  2.26     (3) causes the death of a human being without intent to 
  2.27  effect the death of any person, while intentionally inflicting 
  2.28  or attempting to inflict bodily harm upon the victim, when the 
  2.29  perpetrator is restrained under an order for protection issued 
  2.30  under chapter 518B and the victim is a person designated to 
  2.31  receive protection under the order.  As used in this clause, 
  2.32  "order for protection" includes an order for protection issued 
  2.33  under chapter 518B; a harassment restraining order issued under 
  2.34  section 609.748; a court order setting conditions of pretrial 
  2.35  release or conditions of a criminal sentence or juvenile court 
  2.36  disposition; a restraining order issued in a marriage 
  3.1   dissolution action; and any order issued by a court of another 
  3.2   state or of the United States that is similar to any of these 
  3.3   orders.  
  3.4      Sec. 4.  Minnesota Statutes 1994, section 609.3451, 
  3.5   subdivision 1, is amended to read: 
  3.6      Subdivision 1.  [CRIME DEFINED.] A person is guilty of 
  3.7   criminal sexual conduct in the fifth degree: 
  3.8      (1) if the person engages in nonconsensual sexual contact; 
  3.9   or 
  3.10     (2) the person engages in masturbation or lewd exhibition 
  3.11  of the genitals in the presence of a minor under the age of 16, 
  3.12  knowing or having reason to know the minor is present.  
  3.13     For purposes of this section, "sexual contact" has the 
  3.14  meaning given in section 609.341, subdivision 11, paragraph (a), 
  3.15  clauses (i) and (iv), but does not include the intentional 
  3.16  touching of the clothing covering the immediate area of the 
  3.17  buttocks.  Sexual contact also includes the intentional removal 
  3.18  or attempted removal of clothing covering the complainant's 
  3.19  intimate parts or undergarments, if the action is performed with 
  3.20  sexual or aggressive intent. 
  3.21     Sec. 5.  Minnesota Statutes 1994, section 609.749, 
  3.22  subdivision 5, is amended to read: 
  3.23     Subd. 5.  [PATTERN OF HARASSING CONDUCT.] (a) A person who 
  3.24  engages in a pattern of harassing conduct with respect to a 
  3.25  single victim or one or more members of a single household in a 
  3.26  manner that would cause a reasonable person under the 
  3.27  circumstances to feel terrorized or to fear bodily harm and that 
  3.28  does cause this reaction on the part of the victim, is guilty of 
  3.29  a felony and may be sentenced to imprisonment for not more than 
  3.30  ten years or to payment of a fine of not more than $20,000, or 
  3.31  both. 
  3.32     (b) For purposes of this subdivision, a "pattern of 
  3.33  harassing conduct" means two or more acts within a five-year 
  3.34  period that violate the provisions of any of the following: 
  3.35     (1) this section; 
  3.36     (2) section 609.713; 
  4.1      (3) section 609.224; 
  4.2      (4) section 518B.01, subdivision 14; 
  4.3      (5) section 609.748, subdivision 6; 
  4.4      (6) section 609.605, subdivision 1, paragraph (b), clause 
  4.5   clauses (3), (4), and (7); 
  4.6      (7) section 609.79; or 
  4.7      (8) section 609.795; 
  4.8      (9) section 609.582; or 
  4.9      (10) section 609.595. 
  4.10     Sec. 6.  Minnesota Statutes 1994, section 611A.01, is 
  4.11  amended to read: 
  4.12     611A.01 [DEFINITIONS.] 
  4.13     For the purposes of sections 611A.01 to 611A.04 and 611A.06:
  4.14     (a) "Crime" means conduct that is prohibited by local 
  4.15  ordinance and results in bodily harm to an individual; or 
  4.16  conduct that is included within the definition of "crime" in 
  4.17  section 609.02, subdivision 1, or would be included within that 
  4.18  definition but for the fact that (i) the person engaging in the 
  4.19  conduct lacked capacity to commit the crime under the laws of 
  4.20  this state, or (ii) the act was alleged or found to have been 
  4.21  committed by a juvenile; 
  4.22     (b) "Victim" means a natural person who incurs loss or harm 
  4.23  as a result of a crime, including a good faith effort to prevent 
  4.24  a crime, and for purposes of sections 611A.04 and 611A.045, also 
  4.25  includes a corporation that incurs loss or harm as a result of a 
  4.26  crime.  If the victim is a natural person and is deceased, 
  4.27  "victim" means the deceased's surviving spouse or next of kin; 
  4.28  and 
  4.29     (c) "Juvenile" has the same meaning as given to the term 
  4.30  "child" in section 260.015, subdivision 2.  
  4.31     Sec. 7.  Minnesota Statutes 1994, section 611A.04, 
  4.32  subdivision 1, is amended to read: 
  4.33     Subdivision 1.  [REQUEST; DECISION.] (a) A victim of a 
  4.34  crime has the right to receive restitution as part of the 
  4.35  disposition of a criminal charge or juvenile delinquency 
  4.36  proceeding against the offender if the offender is convicted or 
  5.1   found delinquent.  The court, or a person or agency designated 
  5.2   by the court, shall request information from the victim to 
  5.3   determine the amount of restitution owed.  The court or its 
  5.4   designee shall obtain the information from the victim in 
  5.5   affidavit form or by other competent evidence.  Information 
  5.6   submitted relating to restitution must describe the items or 
  5.7   elements of loss, itemize the total dollar amounts of 
  5.8   restitution claimed, and specify the reasons justifying these 
  5.9   amounts, if restitution is in the form of money or property.  A 
  5.10  request for restitution may include, but is not limited to, any 
  5.11  out-of-pocket losses resulting from the crime, including medical 
  5.12  and therapy costs, replacement of wages and services, expenses 
  5.13  incurred to return a child who was a victim of a crime under 
  5.14  section 609.26 to the child's parents or lawful custodian, and 
  5.15  funeral expenses.  An actual or prospective civil action 
  5.16  involving the alleged crime shall not be used by the court as a 
  5.17  basis to deny a victim's right to obtain court-ordered 
  5.18  restitution under this section.  In order to be considered at 
  5.19  the sentencing or dispositional hearing, all information 
  5.20  regarding restitution must be received by the court 
  5.21  administrator of the appropriate court at least three business 
  5.22  days before the sentencing or dispositional hearing.  The court 
  5.23  administrator shall provide copies of this request to the 
  5.24  prosecutor and the offender or the offender's attorney at least 
  5.25  24 hours before the sentencing or dispositional hearing.  The 
  5.26  issue of restitution may be reserved or the sentencing or 
  5.27  dispositional hearing or hearing on the restitution request may 
  5.28  be continued if the victim's affidavit or other competent 
  5.29  evidence submitted by the victim is not received in time.  At 
  5.30  the sentencing or dispositional hearing, the court shall give 
  5.31  the offender an opportunity to respond to specific items of 
  5.32  restitution and their dollar amounts in accordance with the 
  5.33  procedures established in section 611A.045, subdivision 3.  
  5.34     (b) The court may amend or issue an order of restitution 
  5.35  after the sentencing or dispositional hearing if: 
  5.36     (1) the offender is on probation, committed to the 
  6.1   commissioner of corrections, or on supervised release; 
  6.2      (2) information regarding restitution was submitted as 
  6.3   required under paragraph (a); and 
  6.4      (3) the true extent of the victim's loss was not known at 
  6.5   the time of the sentencing or dispositional hearing, or hearing 
  6.6   on the restitution request. 
  6.7      If the court holds a hearing on the restitution request, 
  6.8   the court must notify the offender, the offender's attorney, the 
  6.9   victim, and the prosecutor at least five business days before 
  6.10  the hearing.  The court's restitution decision is governed by 
  6.11  this section and section 611A.045. 
  6.12     (c) The court shall grant or deny restitution or partial 
  6.13  restitution and shall state on the record its reasons for its 
  6.14  decision on restitution if information relating to restitution 
  6.15  has been presented.  If the court grants partial restitution it 
  6.16  shall also specify the full amount of restitution that may be 
  6.17  docketed as a civil judgment under subdivision 3.  The court may 
  6.18  not require that the victim waive or otherwise forfeit any 
  6.19  rights or causes of action as a condition of granting 
  6.20  restitution or partial restitution.  In the case of a defendant 
  6.21  who is on probation, the court may not refuse to enforce an 
  6.22  order for restitution solely on the grounds that the order has 
  6.23  been docketed as a civil judgment.  
  6.24     Sec. 8.  Minnesota Statutes 1994, section 624.712, 
  6.25  subdivision 5, is amended to read: 
  6.26     Subd. 5.  [CRIME OF VIOLENCE.] "Crime of violence" includes 
  6.27  murder in the first, second, and third degrees, manslaughter in 
  6.28  the first and second degrees, aiding suicide, aiding attempted 
  6.29  suicide, felony violations of assault in the first, second, 
  6.30  third, and fourth degrees, assaults motivated by bias under 
  6.31  section 609.2231, subdivision 4, terroristic threats, use of 
  6.32  drugs to injure or to facilitate crime, crimes committed for the 
  6.33  benefit of a gang, commission of a crime while wearing or 
  6.34  possessing a bullet-resistant vest, simple robbery, aggravated 
  6.35  robbery, kidnapping, false imprisonment, criminal sexual conduct 
  6.36  in the first, second, third, and fourth degrees, theft of a 
  7.1   firearm, arson in the first and second degrees, riot, burglary 
  7.2   in the first, second, third, and fourth degrees, harassment and 
  7.3   stalking, shooting at a public transit vehicle or facility, 
  7.4   reckless use of a gun or dangerous weapon, intentionally 
  7.5   pointing a gun at or towards a human being, setting a spring 
  7.6   gun, and unlawfully owning, possessing, operating a machine gun 
  7.7   or short-barreled shotgun, and an attempt to commit any of these 
  7.8   offenses, as each of those offenses is defined in chapter 609.  
  7.9   "Crime of violence" also includes felony violations of the 
  7.10  following:  malicious punishment of a child; neglect or 
  7.11  endangerment of a child; and chapter 152. 
  7.12     Sec. 9.  [EFFECTIVE DATE.] 
  7.13     Sections 3 to 5 are effective August 1, 1995, and apply to 
  7.14  crimes committed on or after that date.