SF 1274

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; providing for an 
  1.3             aggressive and integrated initiative against 
  1.4             prostitution and other crimes; increasing criminal 
  1.5             penalties and imposing mandatory minimum and 
  1.6             consecutive sentences for prostitution crimes in 
  1.7             certain instances; requiring presentence 
  1.8             investigations for all offenses involving 
  1.9             prostitution, a firearm, or a controlled substance; 
  1.10            creating a pilot project prostitution prosecution 
  1.11            unit; appropriating money; amending Minnesota Statutes 
  1.12            2000, sections 609.115, subdivision 1; 609.153, 
  1.13            subdivision 3; 609.324, subdivision 2, and by adding a 
  1.14            subdivision; and 609.3242. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  Minnesota Statutes 2000, section 609.115, 
  1.17  subdivision 1, is amended to read: 
  1.18     Subdivision 1.  [PRESENTENCE INVESTIGATION.] (a) When a 
  1.19  defendant has been convicted of a misdemeanor or gross 
  1.20  misdemeanor, the court may, and when the defendant has been 
  1.21  convicted of any offense involving prostitution, a firearm, or a 
  1.22  controlled substance, or a felony, the court shall, before 
  1.23  sentence is imposed, cause a presentence investigation and 
  1.24  written report to be made to the court concerning the 
  1.25  defendant's individual characteristics, circumstances, needs, 
  1.26  potentialities, criminal record and social history, the 
  1.27  circumstances of the offense and the harm caused by it to others 
  1.28  and to the community.  At the request of the prosecutor in a 
  1.29  gross misdemeanor case, the court shall order that a presentence 
  1.30  investigation and report be prepared.  The investigation shall 
  2.1   be made by a probation officer of the court, if there is one; 
  2.2   otherwise it shall be made by the commissioner of corrections.  
  2.3   The officer conducting the presentence or predispositional 
  2.4   investigation shall make reasonable and good faith efforts to 
  2.5   contact and provide the victim with the information required 
  2.6   under section 611A.037, subdivision 2.  Presentence 
  2.7   investigations shall be conducted and summary hearings held upon 
  2.8   reports and upon the sentence to be imposed upon the defendant 
  2.9   in accordance with this section, section 244.10, and the Rules 
  2.10  of Criminal Procedure. 
  2.11     (b) When the crime is a violation of sections 609.561 to 
  2.12  609.563, 609.5641, or 609.576 and involves a fire, the report 
  2.13  shall include a description of the financial and physical harm 
  2.14  the offense has had on the public safety personnel who responded 
  2.15  to the fire.  For purposes of this paragraph, "public safety 
  2.16  personnel" means the state fire marshal; employees of the 
  2.17  division of the state fire marshal; firefighters, regardless of 
  2.18  whether the firefighters receive any remuneration for providing 
  2.19  services; peace officers, as defined in section 626.05, 
  2.20  subdivision 2; individuals providing emergency management 
  2.21  services; and individuals providing emergency medical services. 
  2.22     (c) When the crime is a felony violation of chapter 152 
  2.23  involving the sale or distribution of a controlled 
  2.24  substance involved prostitution, a firearm, or a controlled 
  2.25  substance, the report shall include a description of any adverse 
  2.26  social or economic effects the offense has had on persons who 
  2.27  reside in the neighborhood where the offense was committed. 
  2.28     (d) The report shall also include the information relating 
  2.29  to crime victims required under section 611A.037, subdivision 1. 
  2.30  If the court directs, the report shall include an estimate of 
  2.31  the prospects of the defendant's rehabilitation and 
  2.32  recommendations as to the sentence which should be imposed.  In 
  2.33  misdemeanor cases the report may be oral. 
  2.34     (e) When a defendant has been convicted of a felony, and 
  2.35  before sentencing, the court shall cause a sentencing worksheet 
  2.36  to be completed to facilitate the application of the Minnesota 
  3.1   sentencing guidelines.  The worksheet shall be submitted as part 
  3.2   of the presentence investigation report.  
  3.3      (f) When a person is convicted of a felony for which the 
  3.4   sentencing guidelines presume that the defendant will be 
  3.5   committed to the commissioner of corrections under an executed 
  3.6   sentence and no motion for a sentencing departure has been made 
  3.7   by counsel, the court may, when there is no space available in 
  3.8   the local correctional facility, commit the defendant to the 
  3.9   custody of the commissioner of corrections, pending completion 
  3.10  of the presentence investigation and report.  When a defendant 
  3.11  is convicted of a felony for which the sentencing guidelines do 
  3.12  not presume that the defendant will be committed to the 
  3.13  commissioner of corrections, or for which the sentencing 
  3.14  guidelines presume commitment to the commissioner but counsel 
  3.15  has moved for a sentencing departure, the court may commit the 
  3.16  defendant to the commissioner with the consent of the 
  3.17  commissioner, pending completion of the presentence 
  3.18  investigation and report.  The county of commitment shall return 
  3.19  the defendant to the court when the court so orders. 
  3.20     Sec. 2.  Minnesota Statutes 2000, section 609.153, 
  3.21  subdivision 3, is amended to read: 
  3.22     Subd. 3.  [INCREASED PENALTY.] Notwithstanding the 
  3.23  statutory maximum penalty otherwise applicable to the offense, a 
  3.24  person who commits a misdemeanor-level crime described in 
  3.25  subdivision 1 is guilty of a gross misdemeanor if the court 
  3.26  determines at the time of sentencing that the person has two or 
  3.27  more a prior convictions conviction in this or any other state 
  3.28  for any of the crimes described in subdivision 1. 
  3.29     Sec. 3.  Minnesota Statutes 2000, section 609.324, 
  3.30  subdivision 2, is amended to read: 
  3.31     Subd. 2.  [SOLICITATION IN PUBLIC PLACE; MANDATORY MINIMUM 
  3.32  SENTENCE.] Whoever solicits or accepts a solicitation to engage 
  3.33  for hire in sexual penetration or sexual contact while in a 
  3.34  public place may be sentenced to imprisonment for not more than 
  3.35  one year or to payment of a fine of not more than $3,000 or 
  3.36  both.  The court shall sentence a person convicted of violating 
  4.1   this subdivision while acting as a patron to a minimum of 30 
  4.2   days imprisonment, at least 144 hours of which must be served 
  4.3   consecutively.  Notwithstanding section 609.135, the court may 
  4.4   not stay the imposition or execution of this sentence.  In 
  4.5   addition, except as otherwise provided in subdivision 4, a 
  4.6   person who is convicted of violating this subdivision while 
  4.7   acting as a patron must, at a minimum, be sentenced to pay a 
  4.8   fine of at least $1,500. 
  4.9      Sec. 4.  Minnesota Statutes 2000, section 609.324, is 
  4.10  amended by adding a subdivision to read: 
  4.11     Subd. 6.  [MANDATORY CONSECUTIVE SENTENCE.] The court shall 
  4.12  impose consecutive sentences when it sentences a person who 
  4.13  acted other than as a prostitute for:  (1) violations of this 
  4.14  section arising out of separate courses of conduct; or (2) a 
  4.15  violation of this section when the person at the time of 
  4.16  sentencing is on probation or supervised release or is serving 
  4.17  an executed sentence for a violation of this section and the 
  4.18  prior sentence involved a separate course of conduct. 
  4.19     Sec. 5.  Minnesota Statutes 2000, section 609.3242, is 
  4.20  amended to read: 
  4.21     609.3242 [PROSTITUTION CRIMES COMMITTED IN SCHOOL, 
  4.22  RESIDENTIAL, OR PARK ZONES; INCREASED PENALTIES.] 
  4.23     Subdivision 1.  [DEFINITIONS.] As used in this section: 
  4.24     (1) "park zone" has the meaning given in section 152.01, 
  4.25  subdivision 12a; and 
  4.26     (2) "residential zone" includes any permanent structure 
  4.27  that a reasonable person would believe to be a dwelling and that 
  4.28  actually is used as a dwelling, and the area within 300 feet of 
  4.29  the structure, or one city block, whichever distance is greater; 
  4.30  and 
  4.31     (3) "school zone" has the meaning given in section 152.01, 
  4.32  subdivision 14a, and also includes school bus stops established 
  4.33  by a school board under section 123B.88, while school children 
  4.34  are waiting for the bus. 
  4.35     Subd. 2.  [INCREASED PENALTIES.] Any person who commits a 
  4.36  violation of section 609.324 while acting other than as a 
  5.1   prostitute while in a school, residential, or park zone may be 
  5.2   sentenced as follows: 
  5.3      (1) if the crime committed is a felony, the statutory 
  5.4   maximum for the crime is three years longer than the statutory 
  5.5   maximum for the underlying crime; 
  5.6      (2) if the crime committed is a gross misdemeanor, the 
  5.7   person is guilty of a felony and may be sentenced to 
  5.8   imprisonment for not more than two years or to payment of a fine 
  5.9   of not more than $4,000, or both; and 
  5.10     (3) if the crime committed is a misdemeanor, the person is 
  5.11  guilty of a gross misdemeanor. 
  5.12     Subd. 3.  [MANDATORY PENALTY; RESIDENTIAL ZONE.] The court 
  5.13  shall sentence a person convicted of violating this section 
  5.14  while in a residential zone to a minimum of 30 days 
  5.15  imprisonment, at least 144 hours of which must be served 
  5.16  consecutively.  Notwithstanding section 609.135, the court may 
  5.17  not stay the imposition or execution of this sentence. 
  5.18     Sec. 6.  [JOINT PROSTITUTION PROSECUTION UNIT.] 
  5.19     Subdivision 1.  [ESTABLISHMENT.] A pilot project is 
  5.20  established to develop a joint prostitution prosecution unit 
  5.21  administered by the Ramsey county attorney's office and the St. 
  5.22  Paul city attorney's office.  The unit has authority to 
  5.23  prosecute misdemeanors, gross misdemeanors, and felonies.  The 
  5.24  unit may include four cross-deputized assistant city attorneys 
  5.25  and assistant county attorneys.  A victim/witness advocate, 
  5.26  community advocate, law clerk, and legal secretary may provide 
  5.27  support. 
  5.28     Subd. 2.  [GOAL.] The goal of this pilot project is to 
  5.29  reduce the number of prostitution offenses occurring in St. Paul 
  5.30  by aggressively targeting and prosecuting these offenses. 
  5.31     Subd. 3.  [REPORT.] The Ramsey county attorney's office and 
  5.32  the St. Paul city attorney's office shall report to the chairs 
  5.33  and ranking minority members of the senate and house committees 
  5.34  and divisions having jurisdiction over criminal justice policy 
  5.35  and funding on the pilot project.  The report must include the 
  5.36  number and types of cases referred, the number of cases charged, 
  6.1   the outcome of cases, and other relevant outcome measures.  A 
  6.2   progress report is due January 15, 2002, and a final report is 
  6.3   due January 15, 2003.  
  6.4      Subd. 4.  [SHARING OF PILOT PROJECT RESULTS.] The Ramsey 
  6.5   county attorney's office and the St. Paul city attorney's office 
  6.6   shall share the results of the pilot project with the state and 
  6.7   other counties and cities. 
  6.8      Sec. 7.  [APPROPRIATIONS.] 
  6.9      (a) $....... is appropriated for the fiscal year ending 
  6.10  June 30, 2002, and $....... is appropriated for the fiscal year 
  6.11  ending June 30, 2003, from the general fund to the commissioner 
  6.12  of public safety.  Of this amount: 
  6.13     (1) $....... the first year and $....... the second year 
  6.14  are for grants to the St. Paul police department, the St. Paul 
  6.15  city attorney's office, the Ramsey county attorney's office, and 
  6.16  the second judicial district public defender's office to 
  6.17  increase the current degree of implementation of the HEAT law 
  6.18  enforcement strategy and provide a coordinated criminal justice 
  6.19  system response to that strategy; 
  6.20     (2) $....... the first year and $....... the second year 
  6.21  are for grants to the Ramsey county attorney's office, the St. 
  6.22  Paul city attorney's office, and the second judicial district 
  6.23  public defender's office to establish and fund the joint 
  6.24  prostitution prosecution unit and for increased public defender 
  6.25  costs related to the unit; and 
  6.26     (3) $....... the first year and $....... the second year 
  6.27  are for grants to organizations or local units of government 
  6.28  that provide outreach and support services to assist individuals 
  6.29  leaving prostitution and educate patrons of prostitutes on the 
  6.30  harmful effects of their actions. 
  6.31     (b) The HEAT law enforcement strategy described in 
  6.32  paragraph (a), clause (1), must be a community-driven strategic 
  6.33  initiative that is used to target criminal conduct in specific 
  6.34  areas of St. Paul with higher crime rates than the city 
  6.35  average.  It must target offenders based upon their criminal 
  6.36  behavior and not other factors and be planned and implemented 
  7.1   taking into consideration the wishes of the targeted communities.
  7.2      (c) A portion of the money appropriated in paragraph (a), 
  7.3   clause (2), must be used by the county and city attorney's 
  7.4   offices for a public awareness campaign designed to discourage 
  7.5   the occurrence of prostitution in St. Paul.  The campaign must 
  7.6   address the various criminal penalties and civil sanctions 
  7.7   related to prostitution and the aggressive enforcement and 
  7.8   prosecution efforts in place. 
  7.9      (d) To the degree feasible, when implementing the HEAT law 
  7.10  enforcement strategy and the joint prostitution prosecution 
  7.11  unit, the St. Paul police department, Ramsey county attorney's 
  7.12  office, and St. Paul city attorney's office shall target 
  7.13  criminal offenses involving kidnapping, sexual assault, and 
  7.14  promoting the prostitution of Hmong girls in St. Paul. 
  7.15     Sec. 8.  [EFFECTIVE DATE.] 
  7.16     Sections 1 to 5 are effective August 1, 2001, and apply to 
  7.17  crimes committed on or after that date.