SF 1319

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime; providing that a person who causes 
  1.3             the death of a child under the age of 14 and with 
  1.4             premeditation and intent shall be sentenced to life 
  1.5             imprisonment without the possibility of release; 
  1.6             amending Minnesota Statutes 2002, sections 609.106, 
  1.7             subdivision 2; 609.185. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 609.106, 
  1.10  subdivision 2, is amended to read: 
  1.11     Subd. 2.  [LIFE WITHOUT RELEASE.] The court shall sentence 
  1.12  a person to life imprisonment without possibility of release 
  1.13  under the following circumstances: 
  1.14     (1) the person is convicted of first degree murder under 
  1.15  section 609.185, paragraph (a), clause (2), (4), or (7), or (8); 
  1.16     (2) the person is convicted of committing first degree 
  1.17  murder in the course of a kidnapping under section 609.185, 
  1.18  clause (3); or 
  1.19     (3) the person is convicted of first degree murder under 
  1.20  section 609.185, clause (1), (3), (5), or (6), and the court 
  1.21  determines on the record at the time of sentencing that the 
  1.22  person has one or more previous convictions for a heinous crime. 
  1.23     Sec. 2.  Minnesota Statutes 2002, section 609.185, is 
  1.24  amended to read: 
  1.25     609.185 [MURDER IN THE FIRST DEGREE.] 
  1.26     (a) Whoever does any of the following is guilty of murder 
  2.1   in the first degree and shall be sentenced to imprisonment for 
  2.2   life: 
  2.3      (1) causes the death of a human being with premeditation 
  2.4   and with intent to effect the death of the person or of another; 
  2.5      (2) causes the death of a human being while committing or 
  2.6   attempting to commit criminal sexual conduct in the first or 
  2.7   second degree with force or violence, either upon or affecting 
  2.8   the person or another; 
  2.9      (3) causes the death of a human being with intent to effect 
  2.10  the death of the person or another, while committing or 
  2.11  attempting to commit burglary, aggravated robbery, kidnapping, 
  2.12  arson in the first or second degree, a drive-by shooting, 
  2.13  tampering with a witness in the first degree, escape from 
  2.14  custody, or any felony violation of chapter 152 involving the 
  2.15  unlawful sale of a controlled substance; 
  2.16     (4) causes the death of a peace officer or a guard employed 
  2.17  at a Minnesota state or local correctional facility, with intent 
  2.18  to effect the death of that person or another, while the peace 
  2.19  officer or guard is engaged in the performance of official 
  2.20  duties; 
  2.21     (5) causes the death of a minor while committing child 
  2.22  abuse, when the perpetrator has engaged in a past pattern of 
  2.23  child abuse upon the child and the death occurs under 
  2.24  circumstances manifesting an extreme indifference to human life; 
  2.25     (6) causes the death of a human being while committing 
  2.26  domestic abuse, when the perpetrator has engaged in a past 
  2.27  pattern of domestic abuse upon the victim or upon another family 
  2.28  or household member and the death occurs under circumstances 
  2.29  manifesting an extreme indifference to human life; or 
  2.30     (7) causes the death of a human being while committing, 
  2.31  conspiring to commit, or attempting to commit a felony crime to 
  2.32  further terrorism and the death occurs under circumstances 
  2.33  manifesting an extreme indifference to human life; or 
  2.34     (8) causes the death of a child under the age of 14 with 
  2.35  premeditation and with intent to effect that child's death. 
  2.36     (b) For purposes of paragraph (a), clause (5), "child abuse"
  3.1   means an act committed against a minor victim that constitutes a 
  3.2   violation of the following laws of this state or any similar 
  3.3   laws of the United States or any other state:  section 609.221; 
  3.4   609.222; 609.223; 609.224; 609.2242; 609.342; 609.343; 609.344; 
  3.5   609.345; 609.377; 609.378; or 609.713. 
  3.6      (c) For purposes of paragraph (a), clause (6), "domestic 
  3.7   abuse" means an act that: 
  3.8      (1) constitutes a violation of section 609.221, 609.222, 
  3.9   609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345, 
  3.10  609.713, or any similar laws of the United States or any other 
  3.11  state; and 
  3.12     (2) is committed against the victim who is a family or 
  3.13  household member as defined in section 518B.01, subdivision 2, 
  3.14  paragraph (b). 
  3.15     (d) For purposes of paragraph (a), clause (7), "further 
  3.16  terrorism" has the meaning given in section 609.714, subdivision 
  3.17  1. 
  3.18     Sec. 3.  [EFFECTIVE DATE.] 
  3.19     Sections 1 and 2 are effective the day following final 
  3.20  enactment and apply to crimes committed on or after that date.