SF 1117

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to crime; amending the crime of burglary in the second degree;
prescribing penalties; amending Minnesota Statutes 2006, sections 609.581, by
adding subdivisions; 609.582, subdivision 2.

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

Section 1.

Minnesota Statutes 2006, section 609.581, is amended by adding a
subdivision to read:

new text begin Subd. 5. new text end

new text begin Government building. new text end

new text begin "Government building" means a building that
is owned, leased, controlled, or operated by a governmental entity for a governmental
purpose.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2006, section 609.581, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Religious establishment. new text end

new text begin "Religious establishment" means a building
used for worship services by a religious organization and clearly identified as such by a
posted sign or other means.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2006, section 609.581, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin School building. new text end

new text begin "School building" means a public or private elementary,
middle, or secondary school building.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2006, section 609.582, subdivision 2, is amended to read:

Subd. 2.

Burglary in the second degree.

new text begin (a) new text end Whoever enters a building without
consent and with intent to commit a crime, or enters a building without consent and
commits a crime while in the building, either directly or as an accomplice, commits
burglary in the second degree and may be sentenced to imprisonment for not more than
ten years or to payment of a fine of not more than $20,000, or both, if:

deleted text begin (a) deleted text end new text begin (1) new text end the building is a dwelling;

deleted text begin (b) deleted text end new text begin (2) new text end the portion of the building entered contains a banking business or other
business of receiving securities or other valuable papers for deposit or safekeeping and
the entry is with force or threat of force;

deleted text begin (c) deleted text end new text begin (3) new text end the portion of the building entered contains a pharmacy or other lawful
business or practice in which controlled substances are routinely held or stored, and the
entry is forcible; or

deleted text begin (d) deleted text end new text begin (4) new text end when entering or while in the building, the burglar possesses a tool to gain
access to money or property.

new text begin (b) Whoever enters a government building, religious establishment, or school
building without consent and with intent to commit a crime under section 609.52 or
609.595, or enters a government building, religious establishment, or school building
without consent and commits a crime under section 609.52 or 609.595 while in the
building, either directly or as an accomplice, commits burglary in the second degree and
may be sentenced to imprisonment for not more than ten years or to payment of a fine of
not more than $20,000, or both.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end