SF 2068

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; adopting certain
recommendations of the Minnesota Sentencing Guidelines
Commission and rejecting others; changing a reporting
date; addressing how aggravating factors may be
established in a criminal trial; amending Minnesota
Statutes 2004, sections 244.09, subdivision 11;
244.10, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2004, section 244.09,
subdivision 11, is amended to read:

Subd. 11.

Modification.

The commission shall meet as
necessary for the purpose of modifying and improving the
guidelines. Any modification which amends the Sentencing
Guidelines grid, including severity levels and criminal history
scores, or which would result in the reduction of any sentence
or in the early release of any inmate, with the exception of a
modification mandated or authorized by the legislature or
relating to a crime created or amended by the legislature in the
preceding session, shall be submitted to the legislature by
January deleted text begin 1 deleted text end new text begin 15 new text end of any year in which the commission wishes to make
the change and shall be effective on August 1 of that year,
unless the legislature by law provides otherwise. All other
modifications shall take effect according to the procedural
rules of the commission. On or before January deleted text begin 1 deleted text end new text begin 15 new text end of each
year, the commission shall submit a written report to the
committees of the senate and the house of representatives with
jurisdiction over criminal justice policy that identifies and
explains all modifications made during the preceding 12 months
and all proposed modifications that are being submitted to the
legislature that year.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 2.

Minnesota Statutes 2004, section 244.10, is
amended by adding a subdivision to read:

new text begin Subd. 4. new text end

new text begin Proof of aggravating factors. new text end

new text begin The court shall
allow a prosecutor seeking to prove the existence of an
aggravating factor justifying an upward departure under the
Sentencing Guidelines the opportunity to prove this to the fact
finder. The prosecutor shall provide reasonable notice to the
defendant and the court of the prosecutor's intent to seek an
upward departure and the aggravating factor on which the
prosecutor intends to rely. Upon reasonable notice, the court
shall allow the prosecutor the opportunity to prove the
aggravating factor either in a unitary or bifurcated trial.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment and applies to sentencing departures
sought on or after that date.
new text end

Sec. 3. new text begin CERTAIN MINNESOTA SENTENCING GUIDELINES
COMMISSION RECOMMENDATIONS ADOPTED; OTHERS REJECTED.
new text end

new text begin The following modifications proposed by the Minnesota
Sentencing Guidelines Commission in its January 2005 report to
the legislature are adopted and take effect on August 1, 2005:
new text end

new text begin (1) those described as "I. Modifications Related to
Blakely Decision" on pages 11 to 18 of the report; and
new text end

new text begin (2) those described as "II. Other Adopted Modifications"
on page 19 of the report.
new text end

new text begin The modifications described as "III. Adopted Modifications
Related to Sex Offenses" on pages 20 to 42 of the report are
rejected and do not go into effect.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end