SF 1009

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:18am

A bill for an act
relating to public safety; clarifying the prostitution penalty enhancement
provision for repeat offenders; broadening the prostitution in a public place
crime; making driving records relating to prostitution offenses public for repeat
offenders and ensuring that they are available to law enforcement for first-time
offenders; amending Minnesota Statutes 2008, sections 609.321, subdivision 12;
609.324, subdivisions 2, 3, 5.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 609.321, subdivision 12, is amended to
read:

Subd. 12.

Public place.

A "public place" means a public street or sidewalk, a
pedestrian skyway system as defined in section 469.125, subdivision 4, a hotel, motel,
new text begin steam room, sauna, massage parlor, shopping mall and other public shopping areas, new text end or
other place of public accommodation, a place licensed to sell intoxicating liquor, wine,
nonintoxicating malt beverages, or food, or a motor vehicle located on a public street,
alley, or parking lot ordinarily used by or available to the public though not used as a
matter of right and a driveway connecting such a parking lot with a street or highway.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2008, section 609.324, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Solicitation or acceptance of solicitation to engage in deleted text end Prostitution new text begin in
public place new text end ; penalty.

Whoever deleted text begin solicits or accepts a solicitation to engage for hire in
sexual penetration or sexual contact deleted text end new text begin intentionally does any of the following new text end while in a
public place deleted text begin may be sentenced to imprisonment for not more than one year or to payment
of a fine of not more than $3,000 or both. deleted text end new text begin is guilty of a gross misdemeanor:
new text end

new text begin (1) engages in prostitution with an individual 18 years of age or older; or
new text end

new text begin (2) hires or offers or agrees to hire an individual 18 years of age or older to engage in
sexual penetration or sexual contact.
new text end

Except as otherwise provided in subdivision 4, a person who is convicted of violating this
subdivision while acting as a patron must, at a minimum, be sentenced to pay a fine
of at least $1,500.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2008, section 609.324, subdivision 3, is amended to read:

Subd. 3.

deleted text begin Engaging in, hiring, or agreeing to hire adult to engage in prostitution; deleted text end
new text begin General prostitution crimes; new text end penalties.

(a) Whoever intentionally does any of the
following deleted text begin may be sentenced to imprisonment for not more than 90 days or to payment of a
fine of not more than $1,000, or both deleted text end new text begin is guilty of a misdemeanor new text end :

(1) engages in prostitution with an individual 18 years of age or above; or

(2) hires or offers or agrees to hire an individual 18 years of age or above to engage
in sexual penetration or sexual contact. Except as otherwise provided in subdivision 4, a
person who is convicted of violating this deleted text begin clause or clause (1) deleted text end new text begin paragraph new text end while acting as a
patron must, at a minimum, be sentenced to pay a fine of at least $500.

(b) Whoever violates the provisions of this subdivision within two years of a previous
new text begin prostitution new text end conviction deleted text begin may be sentenced to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both deleted text end new text begin for violating this section or section
609.322 is guilty of a gross misdemeanor new text end . Except as otherwise provided in subdivision 4,
a person who is convicted of deleted text begin a gross misdemeanor violation of this subdivision deleted text end new text begin violating
this paragraph new text end while acting as a patron, must, at a minimum, be sentenced as follows:

(1) to pay a fine of at least $1,500; and

(2) to serve 20 hours of community work service.

The court may waive the mandatory community work service if it makes specific,
written findings that the community work service is not feasible or appropriate under the
circumstances of the case.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2008, section 609.324, subdivision 5, is amended to read:

Subd. 5.

Use of motor vehicle to patronize prostitutes; driving record notation.

new text begin (a) new text end When a court sentences a person convicted of violating this section while acting as
a patron, the court shall determine whether the person used a motor vehicle during the
commission of the offense new text begin and whether the person has previously been convicted of
violating this section or section 609.322 new text end . If the court finds that the person used a motor
vehicle during the commission of the offense, it shall forward its finding new text begin along with an
indication of whether the person has previously been convicted of a prostitution offense new text end to
the commissioner of public safety who shall record the finding on the person's driving
record. new text begin Except as provided in paragraph (b), new text end the finding is classified as private data
on individuals, as defined in section 13.02, subdivision 12 new text begin , but is accessible for law
enforcement purposes new text end .

new text begin (b) If the person has previously been convicted of a violation of this section or
section 609.322, the finding is public data.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009.
new text end