SF 2078

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crime; increasing the minimum sentence for 
  1.3             certain firearms offenses; removing prosecutional and 
  1.4             judicial discretion to disregard the mandatory minimum 
  1.5             sentence for certain offenses; amending Minnesota 
  1.6             Statutes 1996, sections 609.11, subdivisions 5 and 8. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 609.11, 
  1.9   subdivision 5, is amended to read: 
  1.10     Subd. 5.  [FIREARM.] (a) Except as otherwise provided in 
  1.11  paragraph (b), any defendant convicted of an offense listed in 
  1.12  subdivision 9 in which the defendant or an accomplice, at the 
  1.13  time of the offense, had in possession or used, whether by 
  1.14  brandishing, displaying, threatening with, or otherwise 
  1.15  employing, a firearm, shall be committed to the commissioner of 
  1.16  corrections for not less than three years, nor more than the 
  1.17  maximum sentence provided by law.  Any defendant convicted of a 
  1.18  second or subsequent offense in which the defendant or an 
  1.19  accomplice, at the time of the offense, had in possession or 
  1.20  used a firearm shall be committed to the commissioner of 
  1.21  corrections for not less than five years, nor more than the 
  1.22  maximum sentence provided by law.  
  1.23     (b) Any defendant convicted of violating section 609.165 or 
  1.24  624.713, subdivision 1, clause (b), shall be committed to the 
  1.25  commissioner of corrections for not less than 18 months five 
  1.26  years, nor more than the maximum sentence provided by law.  Any 
  2.1   defendant convicted of a second or subsequent violation of 
  2.2   either of these sections shall be committed to the commissioner 
  2.3   of corrections for not less than five years, nor more than the 
  2.4   maximum sentence provided by law. 
  2.5      Sec. 2.  Minnesota Statutes 1996, section 609.11, 
  2.6   subdivision 8, is amended to read: 
  2.7      Subd. 8.  [MOTION BY PROSECUTOR.] (a) Except as otherwise 
  2.8   provided in paragraph paragraphs (b) and (c), prior to the time 
  2.9   of sentencing, the prosecutor may file a motion to have the 
  2.10  defendant sentenced without regard to the mandatory minimum 
  2.11  sentences established by this section.  The motion shall be 
  2.12  accompanied by a statement on the record of the reasons for it.  
  2.13  When presented with the motion, or on its own motion, the court 
  2.14  may sentence the defendant without regard to the mandatory 
  2.15  minimum sentences established by this section if the court finds 
  2.16  substantial and compelling reasons to do so.  A sentence imposed 
  2.17  under this subdivision is a departure from the sentencing 
  2.18  guidelines. 
  2.19     (b) The court may not, on its own motion or the 
  2.20  prosecutor's motion, sentence a defendant without regard to the 
  2.21  mandatory minimum sentences established by this section if the 
  2.22  defendant previously has been convicted of an offense listed in 
  2.23  subdivision 9 in which the defendant used or possessed a firearm 
  2.24  or other dangerous weapon.  
  2.25     (c) The court may not, on its own motion or the 
  2.26  prosecution's motion, sentence a defendant without regard to the 
  2.27  mandatory minimum sentence established by subdivision 5, 
  2.28  paragraph (b). 
  2.29     Sec. 3.  [EFFECTIVE DATE.] 
  2.30     Sections 1 and 2 are effective August 1, 1998, and apply to 
  2.31  crimes committed on or after that date.