SF 2066

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to criminal justice; requiring mandatory 
  1.3             minimum penalties for repeat domestic assault 
  1.4             offenders; proposing coding for new law in Minnesota 
  1.5             Statutes, chapter 609. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [609.2243] [SENTENCING; REPEAT DOMESTIC 
  1.8   ASSAULT.] 
  1.9      Subdivision 1.  [GROSS MISDEMEANOR.] A person convicted of 
  1.10  gross misdemeanor domestic assault under section 609.2242, 
  1.11  subdivision 2, shall be sentenced to a minimum of 20 days 
  1.12  imprisonment, at least 96 hours of which must be served 
  1.13  continuously. 
  1.14     Subd. 2.  [FELONY.] In determining an appropriate 
  1.15  disposition for felony domestic assault under section 609.2242, 
  1.16  subdivision 4, the court shall presume that a stay of execution 
  1.17  with a 45-day period of incarceration as a condition of 
  1.18  probation shall be imposed.  At least 15 of the 45 days must be 
  1.19  served continuously.  If the defendant's criminal history score, 
  1.20  determined according to the sentencing guidelines, indicates a 
  1.21  presumptive executed sentence, that sentence shall be imposed 
  1.22  unless the court departs from the sentencing guidelines pursuant 
  1.23  to section 244.10.  A stay of imposition of sentence may be 
  1.24  granted only if accompanied by a statement on the record of the 
  1.25  reasons for it. 
  2.1      Sec. 2.  [EFFECTIVE DATE.] 
  2.2      Section 1 is effective August 1, 1996, and applies to 
  2.3   crimes committed on or after that date.