Minnesota Legislature
SF 1372
as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 10:00am
Current Version - as introduced
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A bill for an act
relating to public safety; increasing the criminal penalty for repeat violations of
the failure to register as a predatory offender and escape from custody crimes;
amending Minnesota Statutes 2010, sections 243.166, subdivision 5; 609.485,
subdivision 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 243.166, subdivision 5, is amended to read:
Subd. 5.
Criminal penalty.
(a) A person required to register under this section who
knowingly violates any of its provisions or intentionally provides false information to a
corrections agent, law enforcement authority, or the bureau is guilty of a felony andnew text begin ,
except as provided in paragraph (f),new text end may be sentenced to imprisonment for not more than
five years or to payment of a fine of not more than $10,000, or both.
(b) Except as provided in paragraph (c), a person convicted of violating paragraph
(a) shall be committed to the custody of the commissioner of corrections for not less than
a year and a day, nor more than five years.
(c) A person convicted of violating paragraph (a), who has previously been convicted
of or adjudicated delinquent for violating this section or a similar statute of another state
or the United States, shall be committed to the custody of the commissioner of corrections
for not less than two years, nor more than five years.
(d) Prior to the time of sentencing, the prosecutor may file a motion to have the
person sentenced without regard to the mandatory minimum sentence established by this
subdivision. The motion must be accompanied by a statement on the record of the reasons
for it. When presented with the motion, or on its own motion, the court may sentence the
person without regard to the mandatory minimum sentence if the court finds substantial
and compelling reasons to do so. Sentencing a person in the manner described in this
paragraph is a departure from the Sentencing Guidelines.
(e) A person convicted and sentenced as required by this subdivision is not
eligible for probation, parole, discharge, work release, conditional release, or supervised
release, until that person has served the full term of imprisonment as provided by law,
notwithstanding the provisions of sections 241.26, 242.19, 243.05, 244.04, 609.12, and
609.135.
new text begin
(f) A person who violates paragraph (a) after having previously been convicted of
violating this section 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, 2011, and applies to crimes
committed on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2010, section 609.485, subdivision 4, is amended to read:
Subd. 4.
Sentence.
(a) Except as otherwise provided in subdivision 3a, whoever
violates this section may be sentenced as follows:
(1) if the person who escapes is in lawful custody for a felony, to imprisonment for
not more than five years or to payment of a fine of not more than $10,000, or both;
(2) if the person who escapes is in lawful custody after a finding of not guilty by
reason of mental illness or mental deficiency of a crime against the person, as defined in
section 253B.02, subdivision 4a, to imprisonment for not more than one year and one day
or to payment of a fine of not more than $3,000, or both;
(3) if the person who escapes is in lawful custody for a gross misdemeanor or
misdemeanor, or if the person who escapes is in lawful custody on an allegation or
adjudication of a delinquent act, to imprisonment for not more than one year or to payment
of a fine of not more than $3,000, or both;
(4) if the person who escapes is under civil commitment under section 253B.18, to
imprisonment for not more than one year and one day or to payment of a fine of not more
than $3,000, or both; or
(5) if the person who escapes is under a court hold, civil commitment, or supervision
under section 253B.185 or Minnesota Statutes 1992, section 526.10, to imprisonment for
not more than five years or to payment of a fine of not more than $10,000, or both.
(b) If the escape was a violation of subdivision 2, clause (1), (2), or (3), and was
effected by violence or threat of violence against a person, the sentence may be increased
to not more than twice those permitted in paragraph (a), clauses (1) and (3).
(c) Unless a concurrent term is specified by the court, a sentence under this section
shall be consecutive to any sentence previously imposed or which may be imposed for any
crime or offense for which the person was in custody when the person escaped.
(d) Notwithstanding paragraph (c), if a person who was committed to the
commissioner of corrections under section 260B.198 escapes from the custody of the
commissioner while 18 years of age, the person's sentence under this section shall
commence on the person's 19th birthday or on the person's date of discharge by the
commissioner of corrections, whichever occurs first. However, if the person described
in this clause is convicted under this section after becoming 19 years old and after
having been discharged by the commissioner, the person's sentence shall commence
upon imposition by the sentencing court.
(e) Notwithstanding paragraph (c), if a person who is in lawful custody on an
allegation or adjudication of a delinquent act while 18 years of age escapes from a local
juvenile correctional facility, the person's sentence under this section begins on the
person's 19th birthday or on the person's date of discharge from the jurisdiction of the
juvenile court, whichever occurs first. However, if the person described in this paragraph
is convicted after becoming 19 years old and after discharge from the jurisdiction of the
juvenile court, the person's sentence begins upon imposition by the sentencing court.
(f) Notwithstanding paragraph (a), any person who escapes or absconds from
electronic monitoring or removes an electric monitoring device from the person's body is
guilty of a crime and deleted text begin shalldeleted text end new text begin may new text end be sentenced tonew text begin : (1) new text end imprisonment for not more than one
year or to a payment of a fine of not more than $3,000, or bothnew text begin ; or (2) imprisonment for
not more than five years or to payment of a fine of not more than $10,000, or both, if the
person has previously been convicted of violating this sectionnew text end .
new text begin (g) Notwithstanding paragraph (a), new text end a person in lawful custody for a violation of
sectionnew text begin 243.166,new text end 609.185, 609.19, 609.195, 609.20, 609.205, 609.21, 609.221, 609.222,
609.223, 609.2231, 609.342, 609.343, 609.344, 609.345, 609.3451, or civil commitment
under section 253B.185, and who escapes or absconds from electronic monitoring or
removes an electronic monitoring device while under sentence may be sentenced tonew text begin : (1)new text end
imprisonment for not more than five years or to a payment of a fine of not more than
$10,000, or bothnew text begin ; or (2) imprisonment for not more than ten years or to payment of a
fine of not more than $20,000, or both, if the person has previously been convicted
of violating this sectionnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2011, and applies to crimes
committed on or after that date.
new text end