SF 1573

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crime; recodifying and clarifying portions 
  1.3             of the assault in the fifth degree statute which 
  1.4             concern domestic assault; amending Minnesota Statutes 
  1.5             1994, section 609.224, subdivisions 2 and 3; proposing 
  1.6             coding for new law in Minnesota Statutes, chapter 609. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 609.224, 
  1.9   subdivision 2, is amended to read: 
  1.10     Subd. 2.  [GROSS MISDEMEANOR.] (a) Whoever violates the 
  1.11  provisions of subdivision 1 against the same victim during the 
  1.12  time period between a previous conviction under this section, 
  1.13  sections 609.221 to 609.2231, 609.342 to 609.345, or 609.713, or 
  1.14  any similar law of another state, and the end of the five years 
  1.15  following discharge from sentence for that conviction, is guilty 
  1.16  of a gross misdemeanor and may be sentenced to imprisonment for 
  1.17  not more than one year or to payment of a fine of not more than 
  1.18  $3,000, or both.  Whoever violates the provisions of subdivision 
  1.19  1 against a family or household member as defined in section 
  1.20  518B.01, subdivision 2, during the time period between a 
  1.21  previous conviction under this section or sections 609.221 to 
  1.22  609.2231, 609.342 to 609.345, or 609.713 against a family or 
  1.23  household member, and the end of the five years following 
  1.24  discharge from sentence for that conviction is guilty of a gross 
  1.25  misdemeanor and may be sentenced to imprisonment for not more 
  1.26  than one year or to payment of a fine of not more than $3,000, 
  2.1   or both. 
  2.2      (b) Whoever violates the provisions of subdivision 1 within 
  2.3   two years of a previous conviction under this section or 
  2.4   sections 609.221 to 609.2231 or 609.713 is guilty of a gross 
  2.5   misdemeanor and may be sentenced to imprisonment for not more 
  2.6   than one year or to payment of a fine of not more than $3,000, 
  2.7   or both. 
  2.8      Sec. 2.  Minnesota Statutes 1994, section 609.224, 
  2.9   subdivision 3, is amended to read: 
  2.10     Subd. 3.  [DOMESTIC ASSAULTS; FIREARMS.] (a) When a person 
  2.11  is convicted of a violation of this section or section 609.221, 
  2.12  609.222, or 609.223, the court shall determine and make written 
  2.13  findings on the record as to whether: 
  2.14     (1) the assault was committed against a family or household 
  2.15  member, as defined in section 518B.01, subdivision 2; 
  2.16     (2) the defendant owns or possesses a firearm; and 
  2.17     (3) (2) the firearm was used in any way during the 
  2.18  commission of the assault. 
  2.19     (b) If the court determines that the assault was of a 
  2.20  family or household member, and that the offender owns or 
  2.21  possesses a firearm and used it in any way during the commission 
  2.22  of the assault, it shall order that the firearm be summarily 
  2.23  forfeited under section 609.5316, subdivision 3. 
  2.24     (c) When a person is convicted of assaulting a family or 
  2.25  household member and is determined by the court to have used a 
  2.26  firearm in any way during commission of the assault the court 
  2.27  may order that the person is prohibited from possessing any type 
  2.28  of firearm for any period longer than three years or for the 
  2.29  remainder of the person's life.  A person who violates this 
  2.30  firearm possession prohibition is guilty of a gross 
  2.31  misdemeanor.  At the time of the conviction, the court shall 
  2.32  inform the defendant whether and for how long the defendant is 
  2.33  prohibited from possessing a firearm and that it is a gross 
  2.34  misdemeanor to violate this prohibition.  The failure of the 
  2.35  court to provide this information to a defendant does not affect 
  2.36  the applicability of the firearm possession prohibition or the 
  3.1   gross misdemeanor penalty to that defendant. 
  3.2      (d) Except as otherwise provided in paragraph (c), when a 
  3.3   person is convicted of a violation of this section and the court 
  3.4   determines that the victim was a family or household member, the 
  3.5   court shall inform the defendant that the defendant is 
  3.6   prohibited from possessing a pistol for a period of three years 
  3.7   from the date of conviction and that it is a gross misdemeanor 
  3.8   offense to violate this prohibition.  The failure of the court 
  3.9   to provide this information to a defendant does not affect the 
  3.10  applicability of the pistol possession prohibition or the gross 
  3.11  misdemeanor penalty to that defendant. 
  3.12     (e) (b) Except as otherwise provided in paragraph (c) 
  3.13  section 609.2241, subdivision 2, paragraph (c), a person is not 
  3.14  entitled to possess a pistol if: 
  3.15     (1) the person has been convicted after August 1, 1992, of 
  3.16  assault in the fifth degree if the offense was committed within 
  3.17  three years of a previous conviction under sections 609.221 to 
  3.18  609.224; or 
  3.19     (2) the person has been convicted after August 1, 1992, of 
  3.20  assault in the fifth degree under section 609.224 and the 
  3.21  assault victim was a family or household member as defined in 
  3.22  section 518B.01, subdivision 2, unless three years have elapsed 
  3.23  from the date of conviction and, during that time, the person 
  3.24  has not been convicted of any other violation of section 
  3.25  609.224.  Property rights may not be abated but access may be 
  3.26  restricted by the courts.  A person who possesses a pistol in 
  3.27  violation of this paragraph is guilty of a gross misdemeanor. 
  3.28     Sec. 3.  [609.2241] [DOMESTIC ASSAULT.] 
  3.29     Subdivision 1.  [GROSS MISDEMEANOR.] Whoever violates 
  3.30  section 609.224, subdivision 1, against a family or household 
  3.31  member as defined in section 518B.01, subdivision 2, during the 
  3.32  time period between a previous conviction under sections 609.221 
  3.33  to 609.2231, 609.224, 609.342 to 609.345, or 609.713 against a 
  3.34  family or household member, and the end of the five years 
  3.35  following discharge from sentence for that conviction is guilty 
  3.36  of a gross misdemeanor and may be sentenced to imprisonment for 
  4.1   not more than one year or to payment of a fine of not more than 
  4.2   $3,000, or both. 
  4.3      Subd. 2.  [DOMESTIC ASSAULTS; FIREARMS.] (a) When a person 
  4.4   is convicted of a violation of section 609.221, 609.222, 
  4.5   609.223, or 609.224, the court shall determine and make written 
  4.6   findings on the record as to whether: 
  4.7      (1) the assault was committed against a family or household 
  4.8   member, as defined in section 518B.01, subdivision 2; 
  4.9      (2) the defendant owns or possesses a firearm; and 
  4.10     (3) the firearm was used in any way during the commission 
  4.11  of the assault. 
  4.12     (b) If the court determines that the assault was of a 
  4.13  family or household member, and that the offender owns or 
  4.14  possesses a firearm and used it in any way during the commission 
  4.15  of the assault, it shall order that the firearm be summarily 
  4.16  forfeited under section 609.5316, subdivision 3. 
  4.17     (c) When a person is convicted of assaulting a family or 
  4.18  household member and is determined by the court to have used a 
  4.19  firearm in any way during commission of the assault, the court 
  4.20  may order that the person is prohibited from possessing any type 
  4.21  of firearm for any period longer than three years or for the 
  4.22  remainder of the person's life.  A person who violates this 
  4.23  paragraph is guilty of a gross misdemeanor.  At the time of the 
  4.24  conviction, the court shall inform the defendant whether and for 
  4.25  how long the defendant is prohibited from possessing a firearm 
  4.26  and that it is a gross misdemeanor to violate this paragraph.  
  4.27  The failure of the court to provide this information to a 
  4.28  defendant does not affect the applicability of the firearm 
  4.29  possession prohibition or the gross misdemeanor penalty to that 
  4.30  defendant. 
  4.31     (d) Except as otherwise provided in paragraph (c), when a 
  4.32  person is convicted of a violation of section 609.224 and the 
  4.33  court determines that the victim was a family or household 
  4.34  member, the court shall inform the defendant that the defendant 
  4.35  is prohibited from possessing a pistol for three years from the 
  4.36  date of conviction and that it is a gross misdemeanor offense to 
  5.1   violate this prohibition.  The failure of the court to provide 
  5.2   this information to a defendant does not affect the 
  5.3   applicability of the pistol possession prohibition or the gross 
  5.4   misdemeanor penalty to that defendant. 
  5.5      (e) Except as otherwise provided in paragraph (c), a person 
  5.6   is not entitled to possess a pistol if the person has been 
  5.7   convicted after August 1, 1992, of assault in the fifth degree 
  5.8   under section 609.224 and the assault victim was a family or 
  5.9   household member as defined in section 518B.01, subdivision 2, 
  5.10  unless three years have elapsed from the date of conviction and, 
  5.11  during that time, the person has not been convicted of any other 
  5.12  violation of section 609.224.  Property rights may not be abated 
  5.13  but access may be restricted by the courts.  A person who 
  5.14  possesses a pistol in violation of this paragraph is guilty of a 
  5.15  gross misdemeanor.  
  5.16     Subd. 4.  [FELONY.] Whoever violates the provisions of 
  5.17  section 609.224, subdivision 1, against the same victim during 
  5.18  the time period between the first of two or more previous 
  5.19  convictions under sections 609.221 to 609.2231, 609.224, 609.342 
  5.20  to 609.345, or 609.713, and the end of the five years following 
  5.21  discharge from sentence for that conviction is guilty of a 
  5.22  felony and may be sentenced to imprisonment for not more than 
  5.23  five years or payment of a fine of not more than $10,000, or 
  5.24  both. 
  5.25     Sec. 4.  [EFFECTIVE DATE.] 
  5.26     Sections 1 to 3 are effective August 1, 1995, and apply to 
  5.27  prosecutions commenced on or after that date.