SF 1777

as introduced - 89th Legislature (2015 - 2016) Posted on 03/17/2015 09:15am

A bill for an act
relating to public safety; increasing penalties for crimes committed in a patient
care zone; amending sentencing provisions for assaults by inmates in public
institutions; amending Minnesota Statutes 2014, sections 152.01, by adding
a subdivision; 152.021, subdivision 1; 152.022, subdivision 1; 152.023,
subdivision 2; 152.024, subdivision 1; 609.2232; 609.66, subdivisions 1, 1a, 1d;
609.713, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapter 609.

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

Section 1.

Minnesota Statutes 2014, section 152.01, is amended by adding a
subdivision to read:

new text begin Subd. 24. new text end

new text begin Patient care zone. new text end

new text begin "Patient care zone" means:
new text end

new text begin (1) any property owned, leased, or controlled by a hospital, as defined in section
144.50, subdivision 2; hospice provider, as defined in section 144A.75, subdivision 5; or
nursing home, as defined in section 144A.01, subdivision 5, where health care services are
delivered to hospital patients, hospice patients, or nursing home residents; and
new text end

new text begin (2) the areas surrounding hospital, hospice, or nursing home property as described in
clause (1) to a distance of 300 feet or one city block, whichever distance is greater, beyond
the hospital, hospice, or nursing home property.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2014, section 152.021, subdivision 1, is amended to read:

Subdivision 1.

Sale crimes.

A person is guilty of controlled substance crime in
the first degree if:

(1) on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures of a total weight of ten grams or more containing cocaine, heroin, or
methamphetamine;

(2) on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures of a total weight of 50 grams or more containing a narcotic drug other
than cocaine, heroin, or methamphetamine;

(3) on one or more occasions within a 90-day period the person unlawfully sells
one or more mixtures of a total weight of 50 grams or more containing amphetamine,
phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units,
equaling 200 or more dosage units; or

(4) on one or more occasions within a 90-day period the person unlawfully sells
one or more mixtures of a total weight of 50 kilograms or more containing marijuana or
Tetrahydrocannabinols, or one or more mixtures of a total weight of 25 kilograms or more
containing marijuana or Tetrahydrocannabinols in a school zone, a park zone, a public
housing zone, new text begin a patient care zone, new text end or a drug treatment facility.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2014, section 152.022, subdivision 1, is amended to read:

Subdivision 1.

Sale crimes.

A person is guilty of controlled substance crime
in the second degree if:

(1) on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures of a total weight of three grams or more containing cocaine, heroin, or
methamphetamine;

(2) on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures of a total weight of ten grams or more containing a narcotic drug other
than cocaine, heroin, or methamphetamine;

(3) on one or more occasions within a 90-day period the person unlawfully sells
one or more mixtures of a total weight of ten grams or more containing amphetamine,
phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units,
equaling 50 or more dosage units;

(4) on one or more occasions within a 90-day period the person unlawfully sells
one or more mixtures of a total weight of 25 kilograms or more containing marijuana or
Tetrahydrocannabinols;

(5) the person unlawfully sells any amount of a Schedule I or II narcotic drug to a
person under the age of 18, or conspires with or employs a person under the age of 18 to
unlawfully sell the substance; or

(6) the person unlawfully sells any of the following in a school zone, a park zone, a
public housing zone, new text begin a patient care zone, new text end or a drug treatment facility:

(i) any amount of a Schedule I or II narcotic drug, lysergic acid diethylamide (LSD),
3,4-methylenedioxy amphetamine, or 3,4-methylenedioxymethamphetamine;

(ii) one or more mixtures containing methamphetamine or amphetamine; or

(iii) one or more mixtures of a total weight of five kilograms or more containing
marijuana or Tetrahydrocannabinols.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2014, section 152.023, subdivision 2, is amended to read:

Subd. 2.

Possession crimes.

(a) A person is guilty of controlled substance crime in
the third degree if:

(1) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures of a total weight of three grams or more containing cocaine, heroin,
or methamphetamine;

(2) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures of a total weight of ten grams or more containing a narcotic drug
other than cocaine, heroin, or methamphetamine;

(3) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures containing a narcotic drug, it is packaged in dosage units, and
equals 50 or more dosage units;

(4) on one or more occasions within a 90-day period the person unlawfully
possesses any amount of a schedule I or II narcotic drug or five or more dosage
units of lysergic acid diethylamide (LSD), 3,4-methylenedioxy amphetamine, or
3,4-methylenedioxymethamphetamine in a school zone, a park zone, a public housing
zone, new text begin a patient care zone, new text end or a drug treatment facility;

(5) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures of a total weight of ten kilograms or more containing marijuana or
Tetrahydrocannabinols; or

(6) the person unlawfully possesses one or more mixtures containing
methamphetamine or amphetamine in a school zone, a park zone, a public housing zone, new text begin a
patient care zone, new text end or a drug treatment facility.

(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
not be considered in measuring the weight of a mixture except in cases where the mixture
contains four or more fluid ounces of fluid.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2014, section 152.024, subdivision 1, is amended to read:

Subdivision 1.

Sale crimes.

A person is guilty of controlled substance crime in
the fourth degree if:

(1) the person unlawfully sells one or more mixtures containing a controlled
substance classified in Schedule I, II, or III, except marijuana or Tetrahydrocannabinols;

(2) the person unlawfully sells one or more mixtures containing a controlled
substance classified in Schedule IV or V to a person under the age of 18;

(3) the person conspires with or employs a person under the age of 18 to unlawfully
sell a controlled substance classified in Schedule IV or V; or

(4) the person unlawfully sells any amount of marijuana or Tetrahydrocannabinols in
a school zone, a park zone, a public housing zone, new text begin a patient care zone, new text end or a drug treatment
facility, except a small amount for no remuneration.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2014, section 609.2232, is amended to read:

609.2232 CONSECUTIVE SENTENCES FOR ASSAULTS COMMITTED BY
STATE PRISON new text begin OR PUBLIC INSTITUTION new text end INMATES.

If an inmate of a state correctional facility new text begin or an inmate receiving medical assistance
services while an inpatient in a medical institution under section 256B.055, subdivision
14, paragraph (c), new text end is convicted of violating section 609.221, 609.222, 609.223, 609.2231,
or 609.224, while confined in the facility new text begin or while in the medical institution new text end , the sentence
imposed for the assault shall be executed and run consecutively to any unexpired portion
of the offender's earlier sentence. The inmate is not entitled to credit against the sentence
imposed for the assault for time served in confinement for the earlier sentence. The inmate
shall serve the sentence for the assault in a state correctional facility even if the assault
conviction was for a misdemeanor or gross misdemeanor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 7.

new text begin [609.2248] CRIMES COMMITTED IN PATIENT CARE ZONE;
INCREASED PENALTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin "Patient care zone" has the meaning given in section
152.01, subdivision 24.
new text end

new text begin Subd. 2. new text end

new text begin Increased penalties. new text end

new text begin Any person who commits a violation of section
609.185, 609.19, 609.195, 609.20, 609.205, 609.221, 609.222, 609.223, 609.2231,
609.224, 609.2242, or 609.2247 while in a patient care zone may be sentenced as follows:
new text end

new text begin (1) if the crime is a felony, the statutory maximum for the crime is three years longer
than the statutory maximum for the underlying crime;
new text end

new text begin (2) if the crime committed is a gross misdemeanor, the person is guilty of a felony
and may be sentenced to imprisonment for not more than two years or to payment of a
fine of not more than $4,000, or both; and
new text end

new text begin (3) if the crime committed is a misdemeanor, the person is guilty of a gross
misdemeanor.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2014, section 609.66, subdivision 1, is amended to read:

Subdivision 1.

Misdemeanor and gross misdemeanor crimes.

(a) Whoever does
any of the following is guilty of a crime and may be sentenced as provided in paragraph (b):

(1) recklessly handles or uses a gun or other dangerous weapon or explosive so as to
endanger the safety of another; or

(2) intentionally points a gun of any kind, capable of injuring or killing a human
being and whether loaded or unloaded, at or toward another; or

(3) manufactures or sells for any unlawful purpose any weapon known as a slungshot
or sand club; or

(4) manufactures, transfers, or possesses metal knuckles or a switch blade knife
opening automatically; or

(5) possesses any other dangerous article or substance for the purpose of being used
unlawfully as a weapon against another; or

(6) outside of a municipality and without the parent's or guardian's consent, furnishes
a child under 14 years of age, or as a parent or guardian permits the child to handle or
use, outside of the parent's or guardian's presence, a firearm or airgun of any kind, or any
ammunition or explosive.

Possession of written evidence of prior consent signed by the minor's parent or
guardian is a complete defense to a charge under clause (6).

(b) A person convicted under paragraph (a) may be sentenced as follows:

(1) if the act was committed in a public housing zone, as defined in section 152.01,
subdivision 19, a school zone, as defined in section 152.01, subdivision 14a, new text begin a patient care
zone, as defined in section 152.01, subdivision 24, new text end or a park zone, as defined in section
152.01, subdivision 12a, to imprisonment for not more than one year or to payment of a
fine of not more than $3,000, or both; or

(2) otherwise, including where the act was committed on residential premises within
a zone described in clause (1) if the offender was at the time an owner, tenant, or invitee
for a lawful purpose with respect to those residential premises, to imprisonment for not
more than 90 days or to payment of a fine of not more than $1,000, or both.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2014, section 609.66, subdivision 1a, is amended to read:

Subd. 1a.

Felony crimes; silencers prohibited; reckless discharge.

(a) Except as
otherwise provided in subdivision 1h, whoever does any of the following is guilty of a
felony and may be sentenced as provided in paragraph (b):

(1) sells or has in possession any device designed to silence or muffle the discharge
of a firearm;

(2) intentionally discharges a firearm under circumstances that endanger the safety
of another; or

(3) recklessly discharges a firearm within a municipality.

(b) A person convicted under paragraph (a) may be sentenced as follows:

(1) if the act was a violation of paragraph (a), clause (2), or if the act was a violation
of paragraph (a), clause (1) or (3), and was committed in a public housing zone, as defined
in section 152.01, subdivision 19, a school zone, as defined in section 152.01, subdivision
14a, new text begin a patient care zone, as defined in section 152.01, subdivision 24, new text end or a park zone, as
defined in section 152.01, subdivision 12a, to imprisonment for not more than five years
or to payment of a fine of not more than $10,000, or both; or

(2) otherwise, to imprisonment for not more than two years or to payment of a fine
of not more than $5,000, or both.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 10.

Minnesota Statutes 2014, section 609.66, subdivision 1d, is amended to read:

Subd. 1d.

Possession on school property new text begin or in a patient care zone new text end ; penalty.

(a)
Except as provided under paragraphs (d) and (f), whoever possesses, stores, or keeps a
dangerous weapon while knowingly on school property new text begin or in a patient care zone new text end is guilty
of a felony and may be sentenced to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both.

(b) Whoever uses or brandishes a replica firearm or a BB gun while knowingly on
school property new text begin or in a patient care zone new text end is guilty of a gross misdemeanor.

(c) Whoever possesses, stores, or keeps a replica firearm or a BB gun while
knowingly on school property new text begin or in a patient care zone new text end is guilty of a misdemeanor.

(d) Notwithstanding paragraph (a), (b), or (c), it is a misdemeanor for a person
authorized to carry a firearm under the provisions of a permit or otherwise to carry a
firearm on or about the person's clothes or person in a location the person knows is school
property new text begin or in a patient care zone new text end . Notwithstanding section 609.531, a firearm carried in
violation of this paragraph is not subject to forfeiture.

(e) As used in this subdivision:

(1) "BB gun" means a device that fires or ejects a shot measuring .18 of an inch
or less in diameter;

(2) "dangerous weapon" has the meaning given it in section 609.02, subdivision 6;

(3) "replica firearm" has the meaning given it in section 609.713; deleted text begin and
deleted text end

(4) "school property" means:

(i) a public or private elementary, middle, or secondary school building and its
improved grounds, whether leased or owned by the school;

(ii) a child care center licensed under chapter 245A during the period children are
present and participating in a child care program;

(iii) the area within a school bus when that bus is being used by a school to
transport one or more elementary, middle, or secondary school students to and from
school-related activities, including curricular, cocurricular, noncurricular, extracurricular,
and supplementary activities; and

(iv) that portion of a building or facility under the temporary, exclusive control
of a public or private school, a school district, or an association of such entities where
conspicuous signs are prominently posted at each entrance that give actual notice to
persons of the school-related use new text begin ; and
new text end

new text begin (5) "patient care zone" has the meaning given in section 152.01, subdivision 24 new text end .

(f) This subdivision does not apply to:

(1) active licensed peace officers;

(2) military personnel or students participating in military training, who are on-duty,
performing official duties;

(3) persons authorized to carry a pistol under section 624.714 while in a motor
vehicle or outside of a motor vehicle to directly place a firearm in, or retrieve it from, the
trunk or rear area of the vehicle;

(4) persons who keep or store in a motor vehicle pistols in accordance with section
624.714 or 624.715 or other firearms in accordance with section 97B.045;

(5) firearm safety or marksmanship courses or activities conducted on school
property;

(6) possession of dangerous weapons, BB guns, or replica firearms by a ceremonial
color guard;

(7) a gun or knife show held on school property;

(8) possession of dangerous weapons, BB guns, or replica firearms with written
permission of the principal or other person having general control and supervision of the
school or the director of a child care center; or

(9) persons who are on unimproved property owned or leased by a child care center,
school, or school district unless the person knows that a student is currently present on the
land for a school-related activity.

(g) Notwithstanding section 471.634, a school district or other entity composed
exclusively of school districts may not regulate firearms, ammunition, or their respective
components, when possessed or carried by nonstudents or nonemployees, in a manner
that is inconsistent with this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2014, section 609.713, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Terroristic threats committed in patient care zone; increased penalties.
new text end

new text begin (a) Any person who commits a violation of this section while in a patient care zone or with
knowledge that the person or persons threatened, terrorized, evacuated, or inconvenienced
are located in a patient care zone, the statutory maximum for the crime is three years
longer than the statutory maximum for the underlying crime.
new text end

new text begin (b) For purposes of this subdivision, "patient care zone" has the meaning given in
section 152.01, subdivision 24.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end