SF 1796

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; increasing the penalty for 
  1.3             intentionally discharging a firearm under dangerous 
  1.4             circumstances; expanding the scope of the transit 
  1.5             vehicle crime; amending Minnesota Statutes 1994, 
  1.6             sections 609.66, subdivision 1a; and 609.855, 
  1.7             subdivision 5. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1994, section 609.66, 
  1.10  subdivision 1a, is amended to read: 
  1.11     Subd. 1a.  [FELONY CRIMES; SILENCERS PROHIBITED; RECKLESS 
  1.12  DISCHARGE.] (a) Whoever does any of the following is guilty of a 
  1.13  felony and may be sentenced as provided in paragraph (b): 
  1.14     (1) sells or has in possession any device designed to 
  1.15  silence or muffle the discharge of a firearm; 
  1.16     (2) intentionally discharges a firearm under circumstances 
  1.17  that endanger the safety of another; or 
  1.18     (3) recklessly discharges a firearm within a municipality. 
  1.19     (b) A person convicted under paragraph (a) may be sentenced 
  1.20  as follows: 
  1.21     (1) if the act was a violation of paragraph (a), clause 
  1.22  (2), or if the act was a violation of paragraph (a), clause (1) 
  1.23  or (3) and was committed in a public housing zone, as defined in 
  1.24  section 152.01, subdivision 19, a school zone, as defined in 
  1.25  section 152.01, subdivision 14a, or a park zone, as defined in 
  1.26  section 152.01, subdivision 12a, to imprisonment for not more 
  2.1   than five years or to payment of a fine of not more than 
  2.2   $10,000, or both; or 
  2.3      (2) otherwise, to imprisonment for not more than two years 
  2.4   or to payment of a fine of not more than $5,000, or both. 
  2.5      Sec. 2.  Minnesota Statutes 1994, section 609.855, 
  2.6   subdivision 5, is amended to read: 
  2.7      Subd. 5.  [SHOOTING AT OR IN PUBLIC TRANSIT VEHICLE OR 
  2.8   FACILITY.] Whoever recklessly discharges a firearm at or in any 
  2.9   portion of a public transit vehicle or facility is guilty of a 
  2.10  felony and may be sentenced to imprisonment for not more than 
  2.11  three years or to payment of a fine of not more than $6,000, or 
  2.12  both.  If the transit vehicle or facility is occupied by any 
  2.13  person other than the offender, the person may be sentenced to 
  2.14  imprisonment for not more than five years or to payment of a 
  2.15  fine of not more than $10,000, or both. 
  2.16     Sec. 3.  [EFFECTIVE DATE.] 
  2.17     Sections 1 and 2 are effective August 1, 1996, and apply to 
  2.18  crimes committed on or after that date.