SF 1494

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

A bill for an act
relating to crimes; defining qualified domestic-related offenses and crimes of
violence; making technical changes; amending Minnesota Statutes 2006, sections
609.02, subdivision 16; 609.377, subdivision 3; 624.712, subdivision 5; 629.725.

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

Section 1.

Minnesota Statutes 2006, section 609.02, subdivision 16, is amended to read:

Subd. 16.

Qualified domestic violence-related offense.

"Qualified domestic
violence-related offense" includes the following offenses: sections 518B.01, subdivision
14 (violation of domestic abuse order for protection); 518B.01, subdivision 22 (violation
of domestic abuse no contact order); new text begin 609.185 (murder in the first degree); 609.19 (murder
in the second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in the
first degree); 609.205 (manslaughter in the second degree); new text end 609.221 (first-degree assault);
609.222 (second-degree assault); 609.223 (third-degree assault); 609.2231 (fourth-degree
assault); 609.224 (fifth-degree assault); 609.2242 (domestic assault); 609.2247 (domestic
assault by strangulation); 609.342 (first-degree criminal sexual conduct); 609.343
(second-degree criminal sexual conduct); 609.344 (third-degree criminal sexual conduct);
609.345 (fourth-degree criminal sexual conduct); 609.377 (malicious punishment of
a child); 609.713 (terroristic threats); 609.748, subdivision 6 (violation of harassment
restraining order); 609.749 (harassment/stalking); and 609.78, subdivision 2 (interference
with an emergency call); and similar laws of other states, the United States, the District of
Columbia, tribal lands, and United States territories.

Sec. 2.

Minnesota Statutes 2006, section 609.377, subdivision 3, is amended to read:

Subd. 3.

Enhancement to a felony.

Whoever violates the provisions of subdivision
2 deleted text begin during the time period between a previous conviction or adjudication for delinquency
under this section or sections 609.221 to 609.2231, 609.224, 609.2242, 609.342 to
609.345, or 609.713, and the end of five years following discharge from sentence or
disposition for that deleted text end new text begin within ten years of a previous qualified domestic violence-related
offense new text end conviction or adjudication may be sentenced to imprisonment for not more than
five years or a fine of $10,000, or both.

Sec. 3.

Minnesota Statutes 2006, section 624.712, subdivision 5, is amended to read:

Subd. 5.

Crime of violence.

"Crime of violence" means: felony convictions of the
following offenses: sections 609.185 (murder in the first degree); 609.19 (murder in the
second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in the first
degree); 609.205 (manslaughter in the second degree); 609.215 (aiding suicide and aiding
attempted suicide); 609.221 (assault in the first degree); 609.222 (assault in the second
degree); 609.223 (assault in the third degree); 609.2231 (assault in the fourth degree); new text begin
609.224 (assault in the fifth degree); 609.2242 (domestic assault); 609.2247 (domestic
assault by strangulation); new text end 609.229 (crimes committed for the benefit of a gang); 609.235
(use of drugs to injure or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated
robbery); 609.25 (kidnapping); 609.255 (false imprisonment); 609.342 (criminal sexual
conduct in the first degree); 609.343 (criminal sexual conduct in the second degree);
609.344 (criminal sexual conduct in the third degree); 609.345 (criminal sexual conduct
in the fourth degree); new text begin 609.3451 (criminal sexual conduct in the fifth degree); 609.3453
(criminal sexual predatory conduct); new text end 609.377 (malicious punishment of a child); 609.378
(neglect or endangerment of a child); 609.486 (commission of crime while wearing or
possessing a bullet-resistant vest); 609.52 (involving theft of a firearm, theft involving
the intentional taking or driving of a motor vehicle without the consent of the owner or
authorized agent of the owner, theft involving the taking of property from a burning,
abandoned, or vacant building, or from an area of destruction caused by civil disaster,
riot, bombing, or the proximity of battle, and theft involving the theft of a controlled
substance, an explosive, or an incendiary device); 609.561 (arson in the first degree);
609.562 (arson in the second degree); 609.582, subdivision 1, 2, or 3 (burglary in the first
through third degrees); 609.66, subdivision 1e (drive-by shooting); 609.67 (unlawfully
owning, possessing, operating a machine gun or short-barreled shotgun); 609.71 (riot);
609.713 (terroristic threats); new text begin 609.748 (harassment); new text end 609.749 (harassment and stalking);
609.855, subdivision 5 (shooting at a public transit vehicle or facility); and chapter 152
(drugs, controlled substances); and an attempt to commit any of these offenses.

Sec. 4.

Minnesota Statutes 2006, section 629.725, is amended to read:

629.725 NOTICE TO CRIME VICTIM REGARDING BAIL HEARING OF
ARRESTED OR DETAINED PERSON.

When a person arrested or a juvenile detained for a crime of violence or an attempted
crime of violence is scheduled to be reviewed under section 629.715 for release from
pretrial detention, the court shall make a reasonable and good faith effort to notify the
victim of the alleged crime. If the victim is incapacitated or deceased, notice must be
given to the victim's family. If the victim is a minor, notice must be given to the victim's
parent or guardian. The notification must include:

(1) the date and approximate time of the review;

(2) the location where the review will occur;

(3) the name and telephone number of a person that can be contacted for additional
information; and

(4) a statement that the victim and the victim's family may attend the review.

As used in this section, "crime of violence" has the meaning given it in section
624.712, subdivision 5, and also includes deleted text begin section deleted text end new text begin sections 518B.01 and new text end 609.21, gross
misdemeanor violations of section 609.224, and nonfelony violations of sections 518B.01,
609.2231, deleted text begin 609.3451, 609.748, deleted text end new text begin 609.3453, new text end and 609.749.