SF 1607

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to domestic abuse; expanding the definition 
  1.3             of first degree murder in situations involving 
  1.4             domestic abuse; providing enhanced penalties based 
  1.5             upon a previous conviction for malicious punishment of 
  1.6             a child and other laws; adding assault in the fifth 
  1.7             degree and domestic assault to definition of "crimes 
  1.8             of violence"; increasing the cash bail for individuals 
  1.9             charged with malicious punishment of a child; 
  1.10            providing criminal penalties; amending Minnesota 
  1.11            Statutes 1996, sections 609.185; 609.224, subdivisions 
  1.12            2 and 4; 609.2242, subdivisions 2 and 4; 609.377; 
  1.13            624.712, subdivision 5; and 629.471, subdivision 3.  
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 1996, section 609.185, is 
  1.16  amended to read: 
  1.17     609.185 [MURDER IN THE FIRST DEGREE.] 
  1.18     Whoever does any of the following is guilty of murder in 
  1.19  the first degree and shall be sentenced to imprisonment for life:
  1.20     (1) causes the death of a human being with premeditation 
  1.21  and with intent to effect the death of the person or of another; 
  1.22     (2) causes the death of a human being while committing or 
  1.23  attempting to commit criminal sexual conduct in the first or 
  1.24  second degree with force or violence, either upon or affecting 
  1.25  the person or another; 
  1.26     (3) causes the death of a human being with intent to effect 
  1.27  the death of the person or another, while committing or 
  1.28  attempting to commit burglary, aggravated robbery, kidnapping, 
  1.29  arson in the first or second degree, tampering with a witness in 
  2.1   the first degree, escape from custody, or any felony violation 
  2.2   of chapter 152 involving the unlawful sale of a controlled 
  2.3   substance; 
  2.4      (4) causes the death of a peace officer or a guard employed 
  2.5   at a Minnesota state or local correctional facility, with intent 
  2.6   to effect the death of that person or another, while the peace 
  2.7   officer or guard is engaged in the performance of official 
  2.8   duties; 
  2.9      (5) causes the death of a minor while committing child 
  2.10  abuse, when the perpetrator has engaged in a past pattern of 
  2.11  child abuse upon the child and the death occurs under 
  2.12  circumstances manifesting an extreme indifference to human life; 
  2.13  or 
  2.14     (6) causes the death of a human being while committing 
  2.15  domestic abuse, when the perpetrator has engaged in a past 
  2.16  pattern of domestic abuse upon the victim or upon another family 
  2.17  or household member and the death occurs under circumstances 
  2.18  manifesting an extreme indifference to human life. 
  2.19     For purposes of clause (5), "child abuse" means an act 
  2.20  committed against a minor victim that constitutes a violation of 
  2.21  the following laws of this state or any similar laws of the 
  2.22  United States or any other state:  section 609.221; 609.222; 
  2.23  609.223; 609.224; 609.2242; 609.342; 609.343; 609.344; 609.345; 
  2.24  609.377; 609.378; or 609.713. 
  2.25     For purposes of clause (6), "domestic abuse" means an act 
  2.26  that: 
  2.27     (1) constitutes a violation of section 609.221, 609.222, 
  2.28  609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345, 
  2.29  609.713, or any similar laws of the United States or any other 
  2.30  state; and 
  2.31     (2) is committed against the victim who is a family or 
  2.32  household member as defined in section 518B.01, subdivision 2, 
  2.33  paragraph (b). 
  2.34     Sec. 2.  Minnesota Statutes 1996, section 609.224, 
  2.35  subdivision 2, is amended to read: 
  2.36     Subd. 2.  [GROSS MISDEMEANOR.] (a) Whoever violates the 
  3.1   provisions of subdivision 1 against the same victim during the 
  3.2   time period between a previous conviction under this section, 
  3.3   sections 609.221 to 609.2231, 609.2242, 609.342 to 
  3.4   609.345, 609.377, or 609.713, or any similar law of another 
  3.5   state, and the end of the five years following discharge from 
  3.6   sentence for that conviction, is guilty of a gross misdemeanor 
  3.7   and may be sentenced to imprisonment for not more than one year 
  3.8   or to payment of a fine of not more than $3,000, or both.  
  3.9      (b) Whoever violates the provisions of subdivision 1 within 
  3.10  two years of a previous conviction under this section or 
  3.11  sections 609.221 to 609.2231, 609.2242, 609.377, or 609.713 is 
  3.12  guilty of a gross misdemeanor and may be sentenced to 
  3.13  imprisonment for not more than one year or to payment of a fine 
  3.14  of not more than $3,000, or both. 
  3.15     (c) A caregiver, as defined in section 609.232, who is an 
  3.16  individual and who violates the provisions of subdivision 1 
  3.17  against a vulnerable adult, as defined in section 609.232, is 
  3.18  guilty of a gross misdemeanor and may be sentenced to 
  3.19  imprisonment for not more than one year or to payment of a fine 
  3.20  of not more than $3,000, or both. 
  3.21     Sec. 3.  Minnesota Statutes 1996, section 609.224, 
  3.22  subdivision 4, is amended to read: 
  3.23     Subd. 4.  [FELONY.] (a) Whoever violates the provisions of 
  3.24  subdivision 1 against the same victim during the time period 
  3.25  between the first of two or more previous convictions under this 
  3.26  section or sections 609.221 to 609.2231, 609.2242, 609.342 to 
  3.27  609.345, 609.377, or 609.713, and the end of the five years 
  3.28  following discharge from sentence for that conviction is guilty 
  3.29  of a felony and may be sentenced to imprisonment for not more 
  3.30  than five years or payment of a fine of not more than $10,000, 
  3.31  or both. 
  3.32     (b) Whoever violates the provisions of subdivision 1 within 
  3.33  three years of the first of two or more previous convictions 
  3.34  under this section or sections 609.221 to 609.2231, 
  3.35  609.2242, 609.377, or 609.713 is guilty of a felony and may be 
  3.36  sentenced to imprisonment for not more than five years or to 
  4.1   payment of a fine of not more than $10,000, or both. 
  4.2      Sec. 4.  Minnesota Statutes 1996, section 609.2242, 
  4.3   subdivision 2, is amended to read: 
  4.4      Subd. 2.  [GROSS MISDEMEANOR.] Whoever violates subdivision 
  4.5   1 during the time period between a previous conviction under 
  4.6   this section or sections 609.221 to 609.2231, 609.224, 609.342 
  4.7   to 609.345, 609.377, or 609.713 against a family or household 
  4.8   member as defined in section 518B.01, subdivision 2, and the end 
  4.9   of the five years following discharge from sentence for that 
  4.10  conviction is guilty of a gross misdemeanor and may be sentenced 
  4.11  to imprisonment for not more than one year or to payment of a 
  4.12  fine of not more than $3,000, or both. 
  4.13     Sec. 5.  Minnesota Statutes 1996, section 609.2242, 
  4.14  subdivision 4, is amended to read: 
  4.15     Subd. 4.  [FELONY.] Whoever violates the provisions of this 
  4.16  section or section 609.224, subdivision 1, against the same 
  4.17  victim during the time period between the first of two or more 
  4.18  previous convictions under this section or sections 609.221 to 
  4.19  609.2231, 609.224, 609.342 to 609.345, 609.377, or 609.713, and 
  4.20  the end of the five years following discharge from sentence for 
  4.21  that conviction is guilty of a felony and may be sentenced to 
  4.22  imprisonment for not more than five years or payment of a fine 
  4.23  of not more than $10,000, or both. 
  4.24     Sec. 6.  Minnesota Statutes 1996, section 609.377, is 
  4.25  amended to read: 
  4.26     609.377 [MALICIOUS PUNISHMENT OF A CHILD.] 
  4.27     Subdivision 1.  [MALICIOUS PUNISHMENT.] A parent, legal 
  4.28  guardian, or caretaker who, by an intentional act or a series of 
  4.29  intentional acts with respect to a child, evidences unreasonable 
  4.30  force or cruel discipline that is excessive under the 
  4.31  circumstances is guilty of malicious punishment of a child and 
  4.32  may be sentenced to imprisonment for not more than one year or 
  4.33  to payment of a fine of not more than $3,000, or both and may be 
  4.34  sentenced as provided in subdivisions 2 to 6.  
  4.35     Subd. 2.  [GROSS MISDEMEANOR.] (a) Except as otherwise 
  4.36  provided in subdivision 4, if the punishment results in less 
  5.1   than substantial bodily harm, the person may be sentenced to 
  5.2   imprisonment for not more than one year or to payment of a fine 
  5.3   of not more than $3,000 or both. 
  5.4      Subd. 3.  [ENHANCEMENT TO A FELONY.] Whoever violates the 
  5.5   provisions of subdivision 2, paragraph (a) during the time 
  5.6   period between a previous conviction under this section or 
  5.7   sections 609.221 to 609.2231, 609.224, 609.2242, 609.342 to 
  5.8   609.345, or 609.713 and the end of five years following 
  5.9   discharge from sentence for that conviction may be sentenced to 
  5.10  imprisonment for not more than five years or a fine of $10,000 
  5.11  or both. 
  5.12     Subd. 4.  [FELONY-CHILD UNDER AGE FOUR.] If the punishment 
  5.13  is to a child under the age of four and causes bodily harm to 
  5.14  the head, eyes, neck, or otherwise causes multiple bruises to 
  5.15  the body, the person may be sentenced to imprisonment for not 
  5.16  more than five years or a fine of $10,000, or both.  
  5.17     Subd. 5.  [FELONY-SUBSTANTIAL BODILY HARM.] If the 
  5.18  punishment results in substantial bodily harm, that the person 
  5.19  may be sentenced to imprisonment for not more than five years or 
  5.20  to payment of a fine of not more than $10,000, or both.  
  5.21     Subd. 6.  [FELONY-GREAT BODILY HARM.] If the punishment 
  5.22  results in great bodily harm, that the person may be sentenced 
  5.23  to imprisonment for not more than ten years or to payment of a 
  5.24  fine of not more than $20,000, or both.  
  5.25     If the punishment is to a child under the age of four and 
  5.26  causes bodily harm to the head, eyes, neck, or otherwise causes 
  5.27  multiple bruises to the body, the person may be sentenced to 
  5.28  imprisonment for not more than five years or a fine of $10,000, 
  5.29  or both. 
  5.30     Sec. 7.  Minnesota Statutes 1996, section 624.712, 
  5.31  subdivision 5, is amended to read: 
  5.32     Subd. 5.  [CRIME OF VIOLENCE.] "Crime of violence" includes 
  5.33  murder in the first, second, and third degrees, manslaughter in 
  5.34  the first and second degrees, aiding suicide, aiding attempted 
  5.35  suicide, felony violations of assault in the first, second, 
  5.36  third, and fourth degrees, assaults motivated by bias under 
  6.1   section 609.2231, subdivision 4, drive-by shootings, terroristic 
  6.2   threats, use of drugs to injure or to facilitate crime, crimes 
  6.3   committed for the benefit of a gang, commission of a crime while 
  6.4   wearing or possessing a bullet-resistant vest, simple robbery, 
  6.5   aggravated robbery, kidnapping, false imprisonment, criminal 
  6.6   sexual conduct in the first, second, third, and fourth degrees, 
  6.7   theft of a firearm, felony theft involving the intentional 
  6.8   taking or driving of a motor vehicle without the consent of the 
  6.9   owner or the authorized agent of the owner, felony theft 
  6.10  involving the taking of property from a burning, abandoned, or 
  6.11  vacant building, or from an area of destruction caused by civil 
  6.12  disaster, riot, bombing, or the proximity of battle, felony 
  6.13  theft involving the theft of a controlled substance, an 
  6.14  explosive, or an incendiary device, arson in the first and 
  6.15  second degrees, riot, burglary in the first, second, third, and 
  6.16  fourth degrees, harassment and stalking, shooting at a public 
  6.17  transit vehicle or facility, reckless use of a gun or dangerous 
  6.18  weapon, intentionally pointing a gun at or towards a human 
  6.19  being, setting a spring gun, and unlawfully owning, possessing, 
  6.20  operating a machine gun or short-barreled shotgun, and an 
  6.21  attempt to commit any of these offenses, as each of those 
  6.22  offenses is defined in chapter 609.  "Crime of violence" also 
  6.23  includes felony violations of the following:  malicious 
  6.24  punishment of a child; neglect or endangerment of a 
  6.25  child; assault in the fifth degree; domestic assault; and 
  6.26  chapter 152. 
  6.27     Sec. 8.  Minnesota Statutes 1996, section 629.471, 
  6.28  subdivision 3, is amended to read: 
  6.29     Subd. 3.  [SIX TIMES THE FINE.] For offenses under sections 
  6.30  518B.01, 609.224, and 609.2242, and 609.377, the maximum cash 
  6.31  bail that may be required for a person charged with a 
  6.32  misdemeanor or gross misdemeanor violation is six times the 
  6.33  highest cash fine that may be imposed for the offense. 
  6.34     Sec. 9.  [EFFECTIVE DATE.] 
  6.35     Sections 1 to 8 are effective August 1, 1997, and apply to 
  6.36  crimes committed on or after that date.