SF 1694

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

  1.1                          A bill for an act 
  1.2             relating to crime prevention; providing for increased 
  1.3             criminal penalties and mandatory minimum prison 
  1.4             sentences for certain violent offenders; amending 
  1.5             Minnesota Statutes 1996, sections 244.05, subdivisions 
  1.6             4 and 5; 609.152, subdivisions 1, 2a, and by adding 
  1.7             subdivisions; and 609.196. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 244.05, 
  1.10  subdivision 4, is amended to read: 
  1.11     Subd. 4.  [MINIMUM IMPRISONMENT, LIFE SENTENCE.] An inmate 
  1.12  serving a mandatory life sentence under section 609.184 must not 
  1.13  be given supervised release under this section.  An inmate 
  1.14  serving a mandatory life sentence under section 609.152, 
  1.15  subdivision 2c; 609.185, clause (1), (3), (5), or (6); 609.196; 
  1.16  or 609.346, subdivision 2a,; must not be given supervised 
  1.17  release under this section without having served a minimum term 
  1.18  of 30 years.  An inmate serving a mandatory life sentence under 
  1.19  section 609.385 must not be given supervised release under this 
  1.20  section without having served a minimum term of imprisonment of 
  1.21  17 years. 
  1.22     Sec. 2.  Minnesota Statutes 1996, section 244.05, 
  1.23  subdivision 5, is amended to read: 
  1.24     Subd. 5.  [SUPERVISED RELEASE, LIFE SENTENCE.] (a) The 
  1.25  commissioner of corrections may, under rules promulgated by the 
  1.26  commissioner, give supervised release to an inmate serving a 
  2.1   mandatory life sentence under section 609.152, subdivision 2c; 
  2.2   609.185, clause (1), (3), (5), or (6); 609.196; 609.346, 
  2.3   subdivision 2a; or 609.385 after the inmate has served the 
  2.4   minimum term of imprisonment specified in subdivision 4. 
  2.5      (b) The commissioner shall require the preparation of a 
  2.6   community investigation report and shall consider the findings 
  2.7   of the report when making a supervised release decision under 
  2.8   this subdivision.  The report shall reflect the sentiment of the 
  2.9   various elements of the community toward the inmate, both at the 
  2.10  time of the offense and at the present time.  The report shall 
  2.11  include the views of the sentencing judge, the prosecutor, any 
  2.12  law enforcement personnel who may have been involved in the 
  2.13  case, and any successors to these individuals who may have 
  2.14  information relevant to the supervised release decision.  The 
  2.15  report shall also include the views of the victim and the 
  2.16  victim's family unless the victim or the victim's family chooses 
  2.17  not to participate. 
  2.18     (c) The commissioner shall make reasonable efforts to 
  2.19  notify the victim, in advance, of the time and place of the 
  2.20  inmate's supervised release review hearing.  The victim has a 
  2.21  right to submit an oral or written statement at the review 
  2.22  hearing.  The statement may summarize the harm suffered by the 
  2.23  victim as a result of the crime and give the victim's 
  2.24  recommendation on whether the inmate should be given supervised 
  2.25  release at this time.  The commissioner must consider the 
  2.26  victim's statement when making the supervised release decision. 
  2.27     (d) As used in this subdivision, "victim" means the 
  2.28  individual who suffered harm as a result of the inmate's crime 
  2.29  or, if the individual is deceased, the deceased's surviving 
  2.30  spouse or next of kin. 
  2.31     Sec. 3.  Minnesota Statutes 1996, section 609.152, 
  2.32  subdivision 1, is amended to read: 
  2.33     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
  2.34  the following terms have the meanings given.  
  2.35     (b) "Conviction" means any of the following accepted and 
  2.36  recorded by the court:  a plea of guilty, a verdict of guilty by 
  3.1   a jury, or a finding of guilty by the court.  The term includes 
  3.2   a conviction by any court in Minnesota or another jurisdiction.  
  3.3      (c) "Prior conviction" means a conviction that occurred 
  3.4   before the offender committed the next felony resulting in a 
  3.5   conviction and before the offense for which the offender is 
  3.6   being sentenced under this section.  For purposes of 
  3.7   subdivisions 2a, 2b, 2c, and 4, a conviction is not a "prior 
  3.8   conviction" if 15 years or more have elapsed since the person 
  3.9   was discharged from the sentence imposed for the most recent 
  3.10  conviction. 
  3.11     (d) "Violent crime" means a violation of or an attempt or 
  3.12  conspiracy to violate any of the following laws of this state or 
  3.13  any similar laws of the United States or any other state:  
  3.14  section 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 
  3.15  609.21; 609.221; 609.222; 609.223; 609.228; 609.235; 609.24; 
  3.16  609.245; 609.25; 609.255; 609.2661; 609.2662; 609.2663; 
  3.17  609.2664; 609.2665; 609.267; 609.2671; 609.268; 609.342; 
  3.18  609.343; 609.344; 609.345; 609.498, subdivision 1; 609.561; 
  3.19  609.562; 609.582, subdivision 1; 609.66, subdivision 1e; 
  3.20  609.687; 609.855, subdivision 5; any provision of sections 
  3.21  609.229; 609.377; 609.378; 609.749; and 624.713 that is 
  3.22  punishable by a felony penalty; or any provision of chapter 152 
  3.23  that is punishable by a maximum sentence of 15 years or 
  3.24  more.  For purposes of subdivisions 2a, 2b, and 2c, "violent 
  3.25  crime" does not include a violation of section 152.023 or 
  3.26  152.024. 
  3.27     Sec. 4.  Minnesota Statutes 1996, section 609.152, 
  3.28  subdivision 2a, is amended to read: 
  3.29     Subd. 2a.  [DANGEROUS REPEAT OFFENDERS; MANDATORY MINIMUM 
  3.30  SENTENCE.] Unless a longer mandatory minimum sentence is 
  3.31  otherwise required by law or the court imposes a longer 
  3.32  aggravated durational departure under subdivision 2 or 3, a 
  3.33  person who is convicted of a violent crime that is a felony must 
  3.34  be committed to the commissioner of corrections for a mandatory 
  3.35  sentence of at least the length of the presumptive sentence 
  3.36  under the sentencing guidelines if the court determines on the 
  4.1   record at the time of sentencing that the person has two or more 
  4.2   prior felony convictions for violent crimes.  The court shall 
  4.3   impose and execute the prison sentence regardless of whether the 
  4.4   guidelines presume an executed prison sentence.  For purposes of 
  4.5   this subdivision, "violent crime" does not include a violation 
  4.6   of section 152.023 or 152.024.  Any person convicted and 
  4.7   sentenced as required by this subdivision is not eligible for 
  4.8   probation, parole, discharge, or work release, until that person 
  4.9   has served the full term of imprisonment as provided by law, 
  4.10  notwithstanding sections 241.26, 242.19, 243.05, 244.04, 609.12, 
  4.11  and 609.135. 
  4.12     Sec. 5.  Minnesota Statutes 1996, section 609.152, is 
  4.13  amended by adding a subdivision to read: 
  4.14     Subd. 2b.  [DANGEROUS REPEAT OFFENDERS; MANDATORY 15-YEAR 
  4.15  SENTENCE.] (a) Unless a longer mandatory minimum sentence is 
  4.16  otherwise required by law or the court imposes a longer 
  4.17  aggravated durational departure under subdivision 2 or 3, a 
  4.18  person who is convicted of a violent crime that is a felony and 
  4.19  that:  (1) is ranked by the sentencing guidelines commission as 
  4.20  a severity level VII or higher offense; or (2) is punishable by 
  4.21  a mandatory minimum prison sentence; must be committed to the 
  4.22  commissioner of corrections for not less than 15 years, 
  4.23  notwithstanding the statutory maximum sentence otherwise 
  4.24  applicable for the offense, if the court determines on the 
  4.25  record at the time of sentencing that the person has: 
  4.26     (i) two or more prior convictions for violent crimes that 
  4.27  are felonies: 
  4.28     (A) ranked by the sentencing guidelines commission as 
  4.29  severity level VII or higher offenses; or 
  4.30     (B) punishable by a mandatory minimum prison sentence; or 
  4.31     (ii) a prior conviction for a violent crime that is a 
  4.32  felony ranked by the sentencing guidelines commission as a 
  4.33  severity level VII or higher offense and a prior conviction for 
  4.34  a violent crime that is a felony punishable by a mandatory 
  4.35  minimum prison sentence. 
  4.36     (b) For purposes of paragraph (a), "mandatory minimum 
  5.1   prison sentence" does not include a mandatory prison sentence 
  5.2   required solely because of subdivision 2a. 
  5.3      (c) Any person convicted and sentenced as required by this 
  5.4   subdivision is not eligible for probation, parole, discharge, 
  5.5   work release, or supervised release, until that person has 
  5.6   served the full term of imprisonment as provided by law, 
  5.7   notwithstanding sections 241.26, 242.19, 243.05, 244.04, 609.12, 
  5.8   and 609.135. 
  5.9      Sec. 6.  Minnesota Statutes 1996, section 609.152, is 
  5.10  amended by adding a subdivision to read: 
  5.11     Subd. 2c.  [DANGEROUS REPEAT OFFENDERS; LIFE SENTENCE.] A 
  5.12  person who is convicted of a violent crime that is a felony and 
  5.13  that is ranked by the sentencing guidelines commission as a 
  5.14  severity level VIII or higher offense must be sentenced to 
  5.15  imprisonment for life, notwithstanding the statutory maximum 
  5.16  sentence otherwise applicable to the offense, if the court 
  5.17  determines on the record at the time of sentencing that the 
  5.18  person has two or more prior felony convictions for violent 
  5.19  crimes ranked by the sentencing guidelines commission as 
  5.20  severity level VIII or higher offenses.  The court may not stay 
  5.21  the imposition or execution of this sentence, notwithstanding 
  5.22  section 609.135. 
  5.23     Sec. 7.  Minnesota Statutes 1996, section 609.152, is 
  5.24  amended by adding a subdivision to read: 
  5.25     Subd. 4.  [MANDATORY STATUTORY MAXIMUM FOR CERTAIN VIOLENT 
  5.26  OFFENSES.] A person who is convicted of violating:  (1) section 
  5.27  609.221; or (2) section 609.342, 609.343, or 609.344, if the 
  5.28  offense was committed with force or violence; must be sentenced 
  5.29  to the statutory maximum sentence for the offense, if the court 
  5.30  determines on the record at the time of sentencing that the 
  5.31  person was previously convicted of violating section 609.185, 
  5.32  609.19, or 609.195, or attempting to violate section 609.185 or 
  5.33  609.19.  The court may not stay the imposition or execution of 
  5.34  this sentence, notwithstanding section 609.135. 
  5.35     Sec. 8.  Minnesota Statutes 1996, section 609.196, is 
  5.36  amended to read: 
  6.1      609.196 [MANDATORY PENALTY FOR CERTAIN MURDERERS.] 
  6.2      Subdivision 1.  [LIFE IMPRISONMENT.] When a person is 
  6.3   convicted of violating section 609.19 or 609.195, the court 
  6.4   shall sentence the person to imprisonment for life, 
  6.5   notwithstanding the statutory maximum sentence for otherwise 
  6.6   applicable to the offense if the person was previously convicted 
  6.7   of a heinous crime as defined in section 609.184 violating 
  6.8   section 609.185, 609.19, or 609.195, or attempting to violate 
  6.9   section 609.185 or 609.19, and 15 years have not elapsed since 
  6.10  the person was discharged from the sentence imposed for that 
  6.11  conviction. 
  6.12     Subd. 2.  [STATUTORY MAXIMUM.] When a person is convicted 
  6.13  of violating section 609.19 or 609.195, the court shall sentence 
  6.14  the person to the statutory maximum sentence for the offense if 
  6.15  the person was previously convicted of violating section 
  6.16  609.221; or 609.342, 609.343, or 609.344, if the offense was 
  6.17  committed with force or violence; and 15 years have not elapsed 
  6.18  since the person was discharged from the sentence imposed for 
  6.19  that conviction. 
  6.20     Subd. 3.  [STAY.] The court may not stay the imposition or 
  6.21  execution of the sentence described in subdivision 1 or 2, 
  6.22  notwithstanding section 609.135. 
  6.23     Sec. 9.  [EFFECTIVE DATE.] 
  6.24     Sections 1 to 7 are effective August 1, 1997, and apply to 
  6.25  crimes committed on or after that date.  The court shall 
  6.26  consider convictions occurring before August 1, 1997, as 
  6.27  previous convictions when sentencing offenders under sections 5 
  6.28  to 8.