SF 1186

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:19am

A bill for an act
relating to crimes; providing for a mandatory minimum sentence for certain
sex offenses; amending Minnesota Statutes 2008, sections 609.3455, by adding
a subdivision; 628.26.

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

Section 1.

Minnesota Statutes 2008, section 609.3455, is amended by adding a
subdivision to read:

new text begin Subd. 10. new text end

new text begin Presumptive executed sentence for repeat sex offenders. new text end

new text begin Except as
provided in subdivision 2, 3, 3a, or 4, if a person is convicted under sections 609.342 to
609.345 or 609.3453 within 15 years of a previous sex offense conviction, the court shall
commit the defendant to the commissioner of corrections for not less than three years, nor
more than the maximum sentence provided by law for the offense for which convicted,
notwithstanding the provisions of sections 242.19, 243.05, 609.11, 609.12, and 609.135.
The court may stay the execution of the sentence imposed under this subdivision only
if it finds that a professional assessment indicates the offender is accepted by and can
respond to treatment at a long-term inpatient program exclusively treating sex offenders
and approved by the commissioner of corrections. If the court stays the execution of a
sentence, it shall include the following as conditions of probation:
new text end

new text begin (1) incarceration in a local jail or workhouse; and
new text end

new text begin (2) a requirement that the offender successfully complete the treatment program and
aftercare as directed by the court.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2008, section 628.26, is amended to read:

628.26 LIMITATIONS.

(a) Indictments or complaints for any crime resulting in the death of the victim may
be found or made at any time after the death of the person killed.

(b) Indictments or complaints for a violation of section 609.25 may be found or
made at any time after the commission of the offense.

(c) Indictments or complaints for violation of section 609.282 may be found or made
at any time after the commission of the offense if the victim was under the age of 18 at
the time of the offense.

(d) Indictments or complaints for violation of section 609.282 where the victim
was 18 years of age or older at the time of the offense, or 609.42, subdivision 1, clause
(1) or (2), shall be found or made and filed in the proper court within six years after
the commission of the offense.

(e) Indictments or complaints for violation of sections 609.342 to 609.345 if the
victim was under the age of 18 years at the time the offense was committed, shall be found
or made and filed in the proper court within new text begin the later of new text end nine years after the commission of
the offense or deleted text begin , if the victim failed to report the offense within this limitation period, within deleted text end
three years after the offense was reported to law enforcement authorities.

(f) Notwithstanding the limitations in paragraph (e), indictments or complaints for
violation of sections 609.342 to 609.344 may be found or made and filed in the proper
court at any time after commission of the offense, if physical evidence is collected and
preserved that is capable of being tested for its DNA characteristics. If this evidence is not
collected and preserved and the victim was 18 years old or older at the time of the offense,
the prosecution must be commenced within nine years after the commission of the offense.

(g) Indictments or complaints for violation of sections 609.466 and 609.52,
subdivision 2, clause (3), item (iii), shall be found or made and filed in the proper court
within six years after the commission of the offense.

(h) Indictments or complaints for violation of section 609.52, subdivision 2, clause
(3), items (i) and (ii), (4), (15), or (16), 609.631, or 609.821, where the value of the
property or services stolen is more than $35,000, shall be found or made and filed in the
proper court within five years after the commission of the offense.

(i) Except for violations relating to false material statements, representations or
omissions, indictments or complaints for violations of section 609.671 shall be found or
made and filed in the proper court within five years after the commission of the offense.

(j) Indictments or complaints for violation of sections 609.561 to 609.563, shall
be found or made and filed in the proper court within five years after the commission
of the offense.

(k) In all other cases, indictments or complaints shall be found or made and filed in
the proper court within three years after the commission of the offense.

(l) The limitations periods contained in this section shall exclude any period of time
during which the defendant was not an inhabitant of or usually resident within this state.

(m) The limitations periods contained in this section for an offense shall not include
any period during which the alleged offender participated under a written agreement in a
pretrial diversion program relating to that offense.

(n) The limitations periods contained in this section shall not include any period
of time during which physical evidence relating to the offense was undergoing DNA
analysis, as defined in section 299C.155, unless the defendant demonstrates that the
prosecuting or law enforcement agency purposefully delayed the DNA analysis process in
order to gain an unfair advantage.

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, and to crimes committed before that date if the limitations
period for the crime did not expire before August 1, 2009.
new text end