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SF 1701

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
Rtf

Current Version - as introduced

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A bill for an act
 relating to crime; imposing a mandatory minimum
sentence upon persons convicted of assaulting a
correctional employee; amending Minnesota Statutes
2004, sections 609.222, by adding a subdivision;
609.223, by adding a subdivision; 609.2231,
subdivision 3; 609.224, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2004, section 609.222, is
amended by adding a subdivision to read:


new text begin Subd. 3. new text end

new text begin Correctional employee; minimum sentence. new text end

new text begin (a)
Whoever assaults a correctional employee with a dangerous weapon
while the employee is engaged in the performance of a duty
imposed by law, policy, or rule may be sentenced to seven years
or to payment of a fine of not more than $14,000, or both.
 new text end

new text begin (b) A person convicted of assaulting a correctional
employee as described in paragraph (a) shall be committed to the
commissioner of corrections for not less than 42 months, nor
more than seven years. A defendant convicted and sentenced as
required by this paragraph is not eligible for probation,
parole, discharge, work release, or supervised release until
that person has served the full term of imprisonment as provided
by law, notwithstanding sections 241.26, 242.19, 243.05, 244.04,
609.12, and 609.135. Notwithstanding section 609.135, the court
may not stay the imposition or execution of this sentence.
 new text end

new text begin (c) Whoever assaults a correctional employee with a
dangerous weapon and inflicts substantial bodily harm while the
employee is engaged in the performance of a duty imposed by law,
policy, or rule 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 (d) A person convicted of assaulting a correctional
employee as described in paragraph (c) shall be committed to the
commissioner of corrections for not less than five years, nor
more than ten years. A defendant convicted and sentenced as
required by this paragraph is not eligible for probation,
parole, discharge, work release, or supervised release until
that person has served the full term of imprisonment as provided
by law, notwithstanding sections 241.26, 242.19, 243.05, 244.04,
609.12, and 609.135. Notwithstanding section 609.135, the court
may not stay the imposition or execution of this sentence.
 new text end

new text begin (e) As used in this subdivision, "correctional employee"
means an employee of a public or private prison, jail, or
workhouse.
 new text end

Sec. 2.

Minnesota Statutes 2004, section 609.223, is
amended by adding a subdivision to read:


new text begin Subd. 4. new text end

new text begin Correctional employees; minimum sentence. new text end

new text begin (a)
Whoever assaults a correctional employee and inflicts
substantial bodily harm while the employee is engaged in the
performance of a duty imposed by law, policy, or rule may be
sentenced to imprisonment for not more than five years.
 new text end

new text begin (b) A person convicted of assaulting a correctional
employee as described in paragraph (a) shall be committed to the
commissioner of corrections for not less than 30 months, nor
more than five years. A defendant convicted and sentenced as
required by this paragraph is not eligible for probation,
parole, discharge, work release, or supervised release until
that person has served the full term of imprisonment as provided
by law, notwithstanding sections 241.26, 242.19, 243.05, 244.04,
609.12, and 609.135. Notwithstanding section 609.135, the court
may not stay the imposition or execution of this sentence.
 new text end

new text begin (c) As used in this subdivision, "correctional employee"
means an employee of a public or private prison, jail, or
workhouse.
 new text end

Sec. 3.

Minnesota Statutes 2004, section 609.2231,
subdivision 3, is amended to read:


Subd. 3.

Correctional employees; probation officers.

new text begin (a)
new text end Whoever commits either of the following acts against an employee
of a correctional facility as defined in section 241.021,
subdivision 1, paragraph (f), or against a probation officer or
other qualified person employed in supervising offenders while
the employee, officer, or person is engaged in the performance
of a duty imposed by law, policy, or rule is guilty of a felony
and may be sentenced to imprisonment for not new text begin less than one year
and a day nor new text end more than two years or to payment of a fine of not
more than $4,000, or both:

(1) assaults the employee and inflicts demonstrable bodily
harm; or

(2) intentionally throws or otherwise transfers bodily
fluids or feces at or onto the employee.

new text begin (b) A defendant convicted and sentenced as required by
paragraph (a) is not eligible for probation, parole, discharge,
work release, or supervised release until that person has served
the full term of imprisonment as provided by law,
notwithstanding sections 241.26, 242.19, 243.05, 244.04, 609.12,
and 609.135. Notwithstanding section 609.135, the court may not
stay the imposition or execution of this sentence.
 new text end

new text begin (c) As used in this subdivision, "correctional employee"
means an employee of a public or private prison, jail, or
workhouse.
 new text end

Sec. 4.

Minnesota Statutes 2004, section 609.224, is
amended by adding a subdivision to read:


new text begin Subd. 5. new text end

new text begin Correctional employee; minimum sentence. new text end

new text begin (a)
Whoever violates subdivision 1 against a correctional employee
while the employee is engaged in the performance of a duty
imposed by law, policy, or rule may be sentenced to not less
than 45 days nor more than 90 days or to payment of a fine of
not more than $1,000, or both.
 new text end

new text begin (b) A defendant convicted and sentenced as required by
paragraph (a) is not eligible for probation, parole, discharge,
work release, or supervised release until that person has served
the full term of imprisonment as provided by law,
notwithstanding sections 241.26, 242.19, 243.05, 244.04, 609.12,
and 609.135. Notwithstanding section 609.135, the court may not
stay the imposition or execution of this sentence.
 new text end

new text begin (c) As used in this subdivision, "correctional employee"
means an employee of a public or private prison, jail, or
workhouse.
 new text end

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 4 are effective August 1, 2005, and apply to
crimes committed on or after that date.
 new text end