SF 2072

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime; sentences; providing that offenses 
  1.3             committed, as opposed to convictions entered, prior to 
  1.4             a later offense are considered when sentencing certain 
  1.5             dangerous and repeat offenders; providing for 
  1.6             consecutive sentences for certain dangerous and repeat 
  1.7             offenders; amending Minnesota Statutes 2000, sections 
  1.8             609.1095; 609.15, subdivision 1. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2000, section 609.1095, is 
  1.11  amended to read: 
  1.12     609.1095 [INCREASED SENTENCES FOR CERTAIN DANGEROUS AND 
  1.13  REPEAT FELONY OFFENDERS.] 
  1.14     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
  1.15  the following terms have the meanings given.  
  1.16     (b) "Conviction" means any of the following accepted and 
  1.17  recorded by the court:  a plea of guilty, a verdict of guilty by 
  1.18  a jury, or a finding of guilty by the court.  The term includes 
  1.19  a conviction by any court in Minnesota or another jurisdiction.  
  1.20     (c) "Prior conviction offense" means a conviction an 
  1.21  offense, resulting in a conviction, that occurred before the 
  1.22  offender committed the next felony resulting in a conviction and 
  1.23  before the offense for which the offender is being sentenced 
  1.24  under this section. 
  1.25     (d) "Violent crime" means a violation of or an attempt or 
  1.26  conspiracy to violate any of the following laws of this state or 
  1.27  any similar laws of the United States or any other state:  
  2.1   section 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 
  2.2   609.21; 609.221; 609.222; 609.223; 609.228; 609.235; 609.24; 
  2.3   609.245; 609.25; 609.255; 609.2661; 609.2662; 609.2663; 
  2.4   609.2664; 609.2665; 609.267; 609.2671; 609.268; 609.342; 
  2.5   609.343; 609.344; 609.345; 609.498, subdivision 1; 609.561; 
  2.6   609.562; 609.582, subdivision 1; 609.66, subdivision 1e; 
  2.7   609.687; 609.855, subdivision 5; any provision of sections 
  2.8   609.229; 609.377; 609.378; 609.749; and 624.713 that is 
  2.9   punishable by a felony penalty; or any provision of chapter 152 
  2.10  that is punishable by a maximum sentence of 15 years or more. 
  2.11     Subd. 2.  [INCREASED SENTENCES FOR DANGEROUS OFFENDER WHO 
  2.12  COMMITS A THIRD VIOLENT CRIME.] Whenever a person is convicted 
  2.13  of a violent crime that is a felony, and the judge is imposing 
  2.14  an executed sentence based on a sentencing guidelines 
  2.15  presumptive imprisonment sentence, the judge may impose an 
  2.16  aggravated durational departure from the presumptive 
  2.17  imprisonment sentence up to the statutory maximum sentence if 
  2.18  the offender was at least 18 years old at the time the felony 
  2.19  was committed, and: 
  2.20     (1) the court determines on the record at the time of 
  2.21  sentencing that the offender has committed two or more prior 
  2.22  convictions offenses for violent crimes; and 
  2.23     (2) the court finds that the offender is a danger to public 
  2.24  safety and specifies on the record the basis for the finding, 
  2.25  which may include: 
  2.26     (i) the offender's past criminal behavior, such as the 
  2.27  offender's high frequency rate of criminal activity or juvenile 
  2.28  adjudications, or long involvement in criminal activity 
  2.29  including juvenile adjudications; or 
  2.30     (ii) the fact that the present offense of conviction 
  2.31  involved an aggravating factor that would justify a durational 
  2.32  departure under the sentencing guidelines. 
  2.33     Subd. 3.  [MANDATORY SENTENCE FOR DANGEROUS OFFENDER WHO 
  2.34  COMMITS A THIRD VIOLENT FELONY.] (a) Unless a longer mandatory 
  2.35  minimum sentence is otherwise required by law or the court 
  2.36  imposes a longer aggravated durational departure under 
  3.1   subdivision 2, a person who is convicted of a violent crime that 
  3.2   is a felony must be committed to the commissioner of corrections 
  3.3   for a mandatory sentence of at least the length of the 
  3.4   presumptive sentence under the sentencing guidelines if the 
  3.5   court determines on the record at the time of sentencing that 
  3.6   the person has committed two or more prior felony convictions 
  3.7   offenses for violent crimes.  The court shall impose and execute 
  3.8   the prison sentence regardless of whether the guidelines presume 
  3.9   an executed prison sentence.  
  3.10     Any person convicted and sentenced as required by this 
  3.11  subdivision is not eligible for probation, parole, discharge, or 
  3.12  work release, until that person has served the full term of 
  3.13  imprisonment imposed by the court, notwithstanding sections 
  3.14  241.26, 242.19, 243.05, 244.04, 609.12, and 609.135.  
  3.15     (b) For purposes of this subdivision, "violent crime" does 
  3.16  not include a violation of section 152.023 or 152.024. 
  3.17     Subd. 4.  [INCREASED SENTENCE FOR OFFENDER WHO COMMITS A 
  3.18  SIXTH FELONY.] Whenever a person is convicted of a felony, and 
  3.19  the judge is imposing an executed sentence based on a sentencing 
  3.20  guidelines presumptive imprisonment sentence, the judge may 
  3.21  impose an aggravated durational departure from the presumptive 
  3.22  sentence up to the statutory maximum sentence if the judge finds 
  3.23  and specifies on the record that the offender has committed five 
  3.24  or more prior felony convictions offenses and that the present 
  3.25  offense is a felony that was committed as part of a pattern of 
  3.26  criminal conduct. 
  3.27     Subd. 5.  [CONSECUTIVE SENTENCES.] If an offender is 
  3.28  convicted of committing a violent crime and sentenced under 
  3.29  subdivision 2 or 3, the sentence imposed must run consecutively 
  3.30  to any other sentence imposed on the offender. 
  3.31     Sec. 2.  Minnesota Statutes 2000, section 609.15, 
  3.32  subdivision 1, is amended to read: 
  3.33     Subdivision 1.  [CONCURRENT, CONSECUTIVE SENTENCES; 
  3.34  SPECIFICATION REQUIREMENT.] (a) Except as provided in 
  3.35  paragraph paragraphs (c) and (d), when separate sentences of 
  3.36  imprisonment are imposed on a defendant for two or more crimes, 
  4.1   whether charged in a single indictment or information or 
  4.2   separately, or when a person who is under sentence of 
  4.3   imprisonment in this state is being sentenced to imprisonment 
  4.4   for another crime committed prior to or while subject to such 
  4.5   former sentence, the court in the later sentences shall specify 
  4.6   whether the sentences shall run concurrently or consecutively.  
  4.7   If the court does not so specify, the sentences shall run 
  4.8   concurrently.  
  4.9      (b) When a court imposes sentence for a misdemeanor or 
  4.10  gross misdemeanor offense and specifies that the sentence shall 
  4.11  run consecutively to any other sentence, the court may order the 
  4.12  defendant to serve time in custody for the consecutive sentence 
  4.13  in addition to any time in custody the defendant may be serving 
  4.14  for any other offense, including probationary jail time or 
  4.15  imprisonment for any felony offense. 
  4.16     (c) An inmate of a state prison who is convicted of 
  4.17  committing an assault within the correctional facility is 
  4.18  subject to the consecutive sentencing provisions of section 
  4.19  609.2232. 
  4.20     (d) A defendant who is convicted of committing a violent 
  4.21  crime and sentenced under section 609.1095 is subject to the 
  4.22  consecutive sentencing provisions of that section. 
  4.23     Sec. 3.  [EFFECTIVE DATE.] 
  4.24     Sections 1 and 2 are effective August 1, 2001, and apply to 
  4.25  crimes committed on or after that date.