SF 942

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 certain crimes 
  1.3             to include conduct taking place within hospital zones; 
  1.4             defining hospital zones; amending Minnesota Statutes 
  1.5             1994, sections 152.01, by adding a subdivision; 
  1.6             152.021, subdivision 1; 152.022, subdivision 1; 
  1.7             152.023, subdivision 2; 152.024, subdivision 1; 
  1.8             152.029; and 609.66, subdivision 1d. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1994, section 152.01, is 
  1.11  amended by adding a subdivision to read: 
  1.12     Subd. 5b.  [HOSPITAL ZONE.] "Hospital zone" means: 
  1.13     (1) a hospital, as defined in section 144.696, subdivision 
  1.14  3; 
  1.15     (2) the property surrounding a hospital and owned, leased, 
  1.16  or controlled by it; and 
  1.17     (3) the area immediately surrounding the property described 
  1.18  in clause (2) to a distance of 300 feet or one city block, 
  1.19  whichever distance is greater. 
  1.20     Sec. 2.  Minnesota Statutes 1994, section 152.021, 
  1.21  subdivision 1, is amended to read: 
  1.22     Subdivision 1.  [SALE CRIMES.] A person is guilty of 
  1.23  controlled substance crime in the first degree if: 
  1.24     (1) on one or more occasions within a 90-day period the 
  1.25  person unlawfully sells one or more mixtures of a total weight 
  1.26  of ten grams or more containing cocaine; 
  1.27     (2) on one or more occasions within a 90-day period the 
  2.1   person unlawfully sells one or more mixtures of a total weight 
  2.2   of 50 grams or more containing a narcotic drug other than 
  2.3   cocaine; 
  2.4      (3) on one or more occasions within a 90-day period the 
  2.5   person unlawfully sells one or more mixtures of a total weight 
  2.6   of 50 grams or more containing methamphetamine, amphetamine, 
  2.7   phencyclidine, or hallucinogen or, if the controlled substance 
  2.8   is packaged in dosage units, equaling 200 or more dosage units; 
  2.9   or 
  2.10     (4) on one or more occasions within a 90-day period the 
  2.11  person unlawfully sells one or more mixtures of a total weight 
  2.12  of 50 kilograms or more containing marijuana or 
  2.13  Tetrahydrocannabinols, or one or more mixtures of a total weight 
  2.14  of 25 kilograms or more containing marijuana or 
  2.15  Tetrahydrocannabinols in a school zone, a hospital zone, a park 
  2.16  zone, or a public housing zone. 
  2.17     Sec. 3.  Minnesota Statutes 1994, section 152.022, 
  2.18  subdivision 1, is amended to read: 
  2.19     Subdivision 1.  [SALE CRIMES.] A person is guilty of 
  2.20  controlled substance crime in the second degree if: 
  2.21     (1) on one or more occasions within a 90-day period the 
  2.22  person unlawfully sells one or more mixtures of a total weight 
  2.23  of three grams or more containing cocaine; 
  2.24     (2) on one or more occasions within a 90-day period the 
  2.25  person unlawfully sells one or more mixtures of a total weight 
  2.26  of ten grams or more containing a narcotic drug other than 
  2.27  cocaine; 
  2.28     (3) on one or more occasions within a 90-day period the 
  2.29  person unlawfully sells one or more mixtures of a total weight 
  2.30  of ten grams or more containing methamphetamine, amphetamine, 
  2.31  phencyclidine, or hallucinogen or, if the controlled substance 
  2.32  is packaged in dosage units, equaling 50 or more dosage units; 
  2.33     (4) on one or more occasions within a 90-day period the 
  2.34  person unlawfully sells one or more mixtures of a total weight 
  2.35  of 25 kilograms or more containing marijuana or 
  2.36  Tetrahydrocannabinols; 
  3.1      (5) the person unlawfully sells any amount of a schedule I 
  3.2   or II narcotic drug to a person under the age of 18, or 
  3.3   conspires with or employs a person under the age of 18 to 
  3.4   unlawfully sell the substance; or 
  3.5      (6) the person unlawfully sells any of the following in a 
  3.6   school zone, a hospital zone, a park zone, or a public housing 
  3.7   zone: 
  3.8      (i) any amount of a schedule I or II narcotic drug, or 
  3.9   lysergic acid diethylamide (LSD); 
  3.10     (ii) one or more mixtures containing methamphetamine or 
  3.11  amphetamine; or 
  3.12     (iii) one or more mixtures of a total weight of five 
  3.13  kilograms or more containing marijuana or Tetrahydrocannabinols. 
  3.14     Sec. 4.  Minnesota Statutes 1994, section 152.023, 
  3.15  subdivision 2, is amended to read: 
  3.16     Subd. 2.  [POSSESSION CRIMES.] A person is guilty of 
  3.17  controlled substance crime in the third degree if: 
  3.18     (1) the person unlawfully possesses one or more mixtures of 
  3.19  a total weight of three grams or more containing cocaine; 
  3.20     (2) the person unlawfully possesses one or more mixtures of 
  3.21  a total weight of ten grams or more containing a narcotic drug 
  3.22  other than cocaine; 
  3.23     (3) the person unlawfully possesses one or more mixtures 
  3.24  containing a narcotic drug, it is packaged in dosage units, and 
  3.25  equals 50 or more dosage units; 
  3.26     (4) the person unlawfully possesses any amount of a 
  3.27  schedule I or II narcotic drug or five or more dosage units of 
  3.28  lysergic acid diethylamide (LSD) in a school zone, a hospital 
  3.29  zone, a park zone, or a public housing zone; 
  3.30     (5) the person unlawfully possesses one or more mixtures of 
  3.31  a total weight of ten kilograms or more containing marijuana or 
  3.32  Tetrahydrocannabinols; or 
  3.33     (6) the person unlawfully possesses one or more mixtures 
  3.34  containing methamphetamine or amphetamine in a school zone, a 
  3.35  hospital zone, a park zone, or a public housing zone. 
  3.36     Sec. 5.  Minnesota Statutes 1994, section 152.024, 
  4.1   subdivision 1, is amended to read: 
  4.2      Subdivision 1.  [SALE CRIMES.] A person is guilty of 
  4.3   controlled substance crime in the fourth degree if: 
  4.4      (1) the person unlawfully sells one or more mixtures 
  4.5   containing a controlled substance classified in schedule I, II, 
  4.6   or III, except marijuana or Tetrahydrocannabinols; 
  4.7      (2) the person unlawfully sells one or more mixtures 
  4.8   containing a controlled substance classified in schedule IV or V 
  4.9   to a person under the age of 18; 
  4.10     (3) the person conspires with or employs a person under the 
  4.11  age of 18 to unlawfully sell a controlled substance classified 
  4.12  in schedule IV or V; or 
  4.13     (4) the person unlawfully sells any amount of marijuana or 
  4.14  Tetrahydrocannabinols in a school zone, a hospital zone, a park 
  4.15  zone, or a public housing zone, except a small amount for no 
  4.16  remuneration. 
  4.17     Sec. 6.  Minnesota Statutes 1994, section 152.029, is 
  4.18  amended to read: 
  4.19     152.029 [PUBLIC INFORMATION:  SCHOOL ZONES, HOSPITAL ZONES, 
  4.20  PARK ZONES, AND PUBLIC HOUSING ZONES.] 
  4.21     The attorney general shall disseminate information to the 
  4.22  public relating to the penalties for committing controlled 
  4.23  substance crimes in park zones, school zones, hospital zones, 
  4.24  and public housing zones.  The attorney general shall draft a 
  4.25  plain language version of sections 152.022 and 152.023 and 
  4.26  relevant provisions of the sentencing guidelines, that describes 
  4.27  in a clear and coherent manner using words with common and 
  4.28  everyday meanings the content of those provisions.  The attorney 
  4.29  general shall publicize and disseminate the plain language 
  4.30  version as widely as practicable, including distributing the 
  4.31  version to school boards, hospital administrators, local 
  4.32  governments, and administrators and occupants of public housing. 
  4.33     Sec. 7.  Minnesota Statutes 1994, section 609.66, 
  4.34  subdivision 1d, is amended to read: 
  4.35     Subd. 1d.  [FELONY; POSSESSION ON SCHOOL PROPERTY AND IN 
  4.36  HOSPITAL ZONES.] (a) Whoever possesses, stores, or keeps a 
  5.1   dangerous weapon or uses or brandishes a replica firearm or a BB 
  5.2   gun on school property or within a hospital zone, as defined in 
  5.3   section 152.01, subdivision 5b, is guilty of a felony and may be 
  5.4   sentenced to imprisonment for not more than two years or to 
  5.5   payment of a fine of not more than $5,000, or both. 
  5.6      (b) Whoever possesses, stores, or keeps a replica firearm 
  5.7   or a BB gun on school property or within a hospital zone, as 
  5.8   defined in section 152.01, subdivision 5b, is guilty of a gross 
  5.9   misdemeanor. 
  5.10     (c) As used in this subdivision: 
  5.11     (1) "BB gun" means a device that fires or ejects a shot 
  5.12  measuring .18 of an inch or less in diameter; 
  5.13     (2) "dangerous weapon" has the meaning given it in section 
  5.14  609.02, subdivision 6; 
  5.15     (3) "replica firearm" has meaning given it in section 
  5.16  609.713; and 
  5.17     (4) "school property" means: 
  5.18     (i) a public or private elementary, middle, or secondary 
  5.19  school building and its grounds, whether leased or owned by the 
  5.20  school; and 
  5.21     (ii) the area within a school bus when that bus is being 
  5.22  used to transport one or more elementary, middle, or secondary 
  5.23  school students. 
  5.24     (d) This subdivision does not apply to: 
  5.25     (1) licensed peace officers, military personnel, or 
  5.26  students participating in military training, who are performing 
  5.27  official duties; 
  5.28     (2) persons who carry pistols according to the terms of a 
  5.29  permit; 
  5.30     (3) persons who keep or store in a motor vehicle pistols in 
  5.31  accordance with sections 624.714 and 624.715 or other firearms 
  5.32  in accordance with section 97B.045; 
  5.33     (4) firearm safety or marksmanship courses or activities 
  5.34  conducted on school property; 
  5.35     (5) possession of dangerous weapons, BB guns, or replica 
  5.36  firearms by a ceremonial color guard; 
  6.1      (6) a gun or knife show held on school property; or 
  6.2      (7) possession of dangerous weapons, BB guns, or replica 
  6.3   firearms with written permission of the principal. 
  6.4      Sec. 8.  [EFFECTIVE DATE.] 
  6.5      Sections 1 to 5 and 7 are effective August 1, 1995, and 
  6.6   apply to crimes committed on or after that date.