SF 1002

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; specifying that a 
  1.3             conviction for neglect or endangerment of a child is 
  1.4             not a bar for a conviction of another offense 
  1.5             committed as part of the same conduct and authorizing 
  1.6             consecutive sentences in these situations; making it a 
  1.7             crime to sell certain substances knowing that the 
  1.8             substance is intended to be used to produce a 
  1.9             controlled substance; imposing criminal penalties for 
  1.10            placing a booby trap in locations where controlled 
  1.11            substances are manufactured; requiring law enforcement 
  1.12            agencies to report the discovery of illegal 
  1.13            methamphetamine laboratories to the bureau of criminal 
  1.14            apprehension; providing for increased penalties for 
  1.15            the theft of certain substances used in the 
  1.16            manufacture of methamphetamine; appropriating money 
  1.17            for the hiring of additional bureau of criminal 
  1.18            apprehension agents and scientists to combat 
  1.19            methamphetamine and for the cleanup of methamphetamine 
  1.20            laboratories; imposing criminal penalties; amending 
  1.21            Minnesota Statutes 1998, sections 609.035, 
  1.22            subdivisions 1, 3, 4, and by adding a subdivision; 
  1.23            609.378, by adding a subdivision; and 609.52, 
  1.24            subdivision 3; proposing coding for new law in 
  1.25            Minnesota Statutes, chapters 152; 609; and 626. 
  1.26  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.27     Section 1.  [152.098] [SALE OF SUBSTANCE WITH KNOWLEDGE 
  1.28  THAT IT WILL BE USED TO PRODUCE A CONTROLLED SUBSTANCE.] 
  1.29     A person who sells a precursor substance listed in section 
  1.30  152.0972, subdivision 1, or red phosphorous, anhydrous ammonia, 
  1.31  lye, or iodine to another person knowing that the person intends 
  1.32  to use the substance to produce a controlled substance is guilty 
  1.33  of a felony and may be sentenced to imprisonment for not more 
  1.34  than three years or to payment of a fine of not more than 
  1.35  $5,000, or both. 
  2.1      Sec. 2.  Minnesota Statutes 1998, section 609.035, 
  2.2   subdivision 1, is amended to read: 
  2.3      Subdivision 1.  [PUNISHED FOR ONE OFFENSE.] Except as 
  2.4   provided in subdivisions 2, 3, and 4, and 5, and in sections 
  2.5   609.251, 609.585, 609.21, subdivisions 3 and 4, 609.2691, 
  2.6   609.486, 609.494, and 609.856, if a person's conduct constitutes 
  2.7   more than one offense under the laws of this state, the person 
  2.8   may be punished for only one of the offenses and a conviction or 
  2.9   acquittal of any one of them is a bar to prosecution for any 
  2.10  other of them.  All the offenses, if prosecuted, shall be 
  2.11  included in one prosecution which shall be stated in separate 
  2.12  counts. 
  2.13     Sec. 3.  Minnesota Statutes 1998, section 609.035, 
  2.14  subdivision 3, is amended to read: 
  2.15     Subd. 3.  [EXCEPTION; FIREARMS OFFENSES.] 
  2.16  Notwithstanding section 609.04 subdivision 1, a prosecution for 
  2.17  or conviction of a violation of section 609.165 or 624.713, 
  2.18  subdivision 1, clause (b), is not a bar to conviction of or 
  2.19  punishment for any other crime committed by the defendant as 
  2.20  part of the same conduct.  
  2.21     Sec. 4.  Minnesota Statutes 1998, section 609.035, 
  2.22  subdivision 4, is amended to read: 
  2.23     Subd. 4.  [EXCEPTION; ARSON OFFENSES.] Notwithstanding 
  2.24  section 609.04 subdivision 1, a prosecution for or conviction of 
  2.25  a violation of sections 609.561 to 609.563 or 609.5641 is not a 
  2.26  bar to conviction of or punishment for any other crime committed 
  2.27  by the defendant as part of the same conduct when the defendant 
  2.28  is shown to have violated sections 609.561 to 609.563 or 
  2.29  609.5641 for the purpose of concealing any other crime. 
  2.30     For purposes of the sentencing guidelines, a violation of 
  2.31  sections 609.561 to 609.563 or 609.5641 is a crime against the 
  2.32  person. 
  2.33     Sec. 5.  Minnesota Statutes 1998, section 609.035, is 
  2.34  amended by adding a subdivision to read: 
  2.35     Subd. 5.  [EXCEPTION; NEGLECT OR ENDANGERMENT OF A CHILD.] 
  2.36  Notwithstanding subdivision 1, a prosecution for or conviction 
  3.1   of a violation of section 609.378 is not a bar to conviction of 
  3.2   or punishment for any other crime committed by the defendant as 
  3.3   part of the same conduct. 
  3.4      Sec. 6.  Minnesota Statutes 1998, section 609.378, is 
  3.5   amended by adding a subdivision to read: 
  3.6      Subd. 3.  [CONSECUTIVE SENTENCES AUTHORIZED.] 
  3.7   Notwithstanding any provision of the sentencing guidelines, the 
  3.8   court may provide that a sentence imposed for a violation of 
  3.9   this section shall run consecutively to any sentence imposed for 
  3.10  another crime committed as part of the same conduct.  A 
  3.11  consecutive sentence imposed under this subdivision is not a 
  3.12  departure from the sentencing guidelines. 
  3.13     Sec. 7.  Minnesota Statutes 1998, section 609.52, 
  3.14  subdivision 3, is amended to read: 
  3.15     Subd. 3.  [SENTENCE.] Whoever commits theft may be 
  3.16  sentenced as follows: 
  3.17     (1) to imprisonment for not more than 20 years or to 
  3.18  payment of a fine of not more than $100,000, or both, if the 
  3.19  property is a firearm, or the value of the property or services 
  3.20  stolen is more than $35,000 and the conviction is for a 
  3.21  violation of subdivision 2, clause (3), (4), (15), or (16); or 
  3.22     (2) to imprisonment for not more than ten years or to 
  3.23  payment of a fine of not more than $20,000, or both, if the 
  3.24  value of the property or services stolen exceeds $2,500, or if 
  3.25  the property stolen was an article representing a trade secret, 
  3.26  an explosive or incendiary device, or a controlled substance 
  3.27  listed in schedule I or II pursuant to section 152.02 with the 
  3.28  exception of marijuana; or 
  3.29     (3) to imprisonment for not more than five years or to 
  3.30  payment of a fine of not more than $10,000, or both, if: 
  3.31     (a) the value of the property or services stolen is more 
  3.32  than $500 but not more than $2,500; or 
  3.33     (b) the property stolen was a controlled substance listed 
  3.34  in schedule III, IV, or V pursuant to section 152.02; or 
  3.35     (c) the value of the property or services stolen is more 
  3.36  than $200 but not more than $500 and the person has been 
  4.1   convicted within the preceding five years for an offense under 
  4.2   this section, section 256.98; 268.182; 609.24; 609.245; 609.53; 
  4.3   609.582, subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or 
  4.4   609.821, or a statute from another state, the United States, or 
  4.5   a foreign jurisdiction, in conformity with any of those 
  4.6   sections, and the person received a felony or gross misdemeanor 
  4.7   sentence for the offense, or a sentence that was stayed under 
  4.8   section 609.135 if the offense to which a plea was entered would 
  4.9   allow imposition of a felony or gross misdemeanor sentence; or 
  4.10     (d) the value of the property or services stolen is not 
  4.11  more than $500, and any of the following circumstances exist: 
  4.12     (i) the property is taken from the person of another or 
  4.13  from a corpse, or grave or coffin containing a corpse; or 
  4.14     (ii) the property is a record of a court or officer, or a 
  4.15  writing, instrument or record kept, filed or deposited according 
  4.16  to law with or in the keeping of any public officer or office; 
  4.17  or 
  4.18     (iii) the property is taken from a burning, abandoned, or 
  4.19  vacant building or upon its removal therefrom, or from an area 
  4.20  of destruction caused by civil disaster, riot, bombing, or the 
  4.21  proximity of battle; or 
  4.22     (iv) the property consists of public funds belonging to the 
  4.23  state or to any political subdivision or agency thereof; or 
  4.24     (v) the property stolen is a motor vehicle; or 
  4.25     (vi) the property stolen is red phosphorous, anhydrous 
  4.26  ammonia, lye, or iodine; or 
  4.27     (4) to imprisonment for not more than one year or to 
  4.28  payment of a fine of not more than $3,000, or both, if the value 
  4.29  of the property or services stolen is more than $200 but not 
  4.30  more than $500; or 
  4.31     (5) in all other cases where the value of the property or 
  4.32  services stolen is $200 or less, to imprisonment for not more 
  4.33  than 90 days or to payment of a fine of not more than $700, or 
  4.34  both, provided, however, in any prosecution under subdivision 2, 
  4.35  clauses (1), (2), (3), (4), and (13), the value of the money or 
  4.36  property or services received by the defendant in violation of 
  5.1   any one or more of the above provisions within any six-month 
  5.2   period may be aggregated and the defendant charged accordingly 
  5.3   in applying the provisions of this subdivision; provided that 
  5.4   when two or more offenses are committed by the same person in 
  5.5   two or more counties, the accused may be prosecuted in any 
  5.6   county in which one of the offenses was committed for all of the 
  5.7   offenses aggregated under this paragraph. 
  5.8      Sec. 8.  [609.6655] [BOOBY TRAPS PROHIBITED.] 
  5.9      Subdivision 1.  [DEFINITION.] As used in this section, 
  5.10  "booby trap" means a concealed or camouflaged device designed to 
  5.11  cause bodily injury when triggered by an action of an 
  5.12  unsuspecting person making contact with the device.  Booby trap 
  5.13  includes firearms, ammunition, or explosive devices attached to 
  5.14  trip wires or other triggering mechanisms, sharpened stakes, and 
  5.15  lines or wires with hooks attached. 
  5.16     Subd. 2.  [CRIME DEFINED.] A person who assembles, 
  5.17  maintains, places, or causes to be placed a booby trap in a 
  5.18  location where a controlled substance is being manufactured, 
  5.19  distributed, or dispensed is guilty of a felony and may be 
  5.20  sentenced as provided in subdivision 3. 
  5.21     Subd. 3.  [PENALTY.] (a) If the violation does not 
  5.22  constitute first degree murder and results in the death of a 
  5.23  human being other than the perpetrator or the perpetrator's 
  5.24  accomplice, the person may be sentenced to imprisonment for not 
  5.25  more than 40 years or to payment of a fine of not more than 
  5.26  $50,000, or both. 
  5.27     (b) If the violation results in great bodily harm to a 
  5.28  human being other than the perpetrator or the perpetrator's 
  5.29  accomplice, the person may be sentenced to imprisonment for not 
  5.30  more than 20 years or to payment of a fine of not more than 
  5.31  $30,000, or both. 
  5.32     (c) If the violation results in substantial bodily harm to 
  5.33  a human being other than the perpetrator or the perpetrator's 
  5.34  accomplice, the person may be sentenced to imprisonment for not 
  5.35  more than ten years or to payment of a fine of not more than 
  5.36  $20,000, or both. 
  6.1      (d) In all other cases, the person may be sentenced to 
  6.2   imprisonment for not more than five years or to payment of a 
  6.3   fine of not more than $10,000, or both. 
  6.4      Sec. 9.  [626.5533] [REPORTING OF DISCOVERY OF ILLEGAL 
  6.5   METHAMPHETAMINE LABORATORY.] 
  6.6      If a peace officer discovers an illegal methamphetamine 
  6.7   laboratory, the officer's department head shall report the 
  6.8   discovery to the superintendent of the bureau of criminal 
  6.9   apprehension within 30 days of the discovery.  The department 
  6.10  head shall include in the report any available information 
  6.11  relating to the laboratory that the superintendent requests. 
  6.12     Sec. 10.  [APPROPRIATIONS.] 
  6.13     (a) $....... is appropriated for the fiscal year ending 
  6.14  June 30, 2000, and $....... is appropriated for the fiscal year 
  6.15  ending June 30, 2001, from the general fund to the 
  6.16  superintendent of the bureau of criminal apprehension to hire: 
  6.17     (1) new agents dedicated to methamphetamine investigations 
  6.18  and site work at illegal methamphetamine laboratories; and 
  6.19     (2) new scientists dedicated to analyzing evidence obtained 
  6.20  from illegal methamphetamine laboratories and methamphetamine 
  6.21  arrests. 
  6.22     (b) $....... is appropriated for the fiscal year ending 
  6.23  June 30, 2000, and $....... is appropriated for the fiscal year 
  6.24  ending June 30, 2001, from the general fund to the 
  6.25  superintendent of the bureau of criminal apprehension for the 
  6.26  environmental cleanup of illegal methamphetamine laboratories.  
  6.27  Money appropriated under this paragraph is only available to the 
  6.28  extent that federal sources have been exhausted.  Any 
  6.29  unencumbered balance remaining on June 30, 2000, does not cancel 
  6.30  but is available until June 30, 2001.  By January 15, 2002, the 
  6.31  superintendent shall report to the chairs of the senate and 
  6.32  house committees and divisions having jurisdiction over criminal 
  6.33  justice funding on how this appropriation was spent. 
  6.34     Sec. 11.  [EFFECTIVE DATE.] 
  6.35     Sections 1 to 9 are effective August 1, 1999, and apply to 
  6.36  crimes committed on or after that date.