SF 2097

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; including witness tampering within 
  1.3             the list of crimes for which a mandatory minimum 
  1.4             sentence applies under Minnesota Statutes, section 
  1.5             609.11; increasing the penalties for crimes committed 
  1.6             for the benefit of a gang; requiring a mandatory 
  1.7             minimum sentence for certain crimes committed for the 
  1.8             benefit of a gang; amending Minnesota Statutes 1996, 
  1.9             section 609.229, subdivision 3, and by adding a 
  1.10            subdivision; Minnesota Statutes 1997 Supplement, 
  1.11            section 609.11, subdivision 9.  
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1997 Supplement, section 
  1.14  609.11, subdivision 9, is amended to read: 
  1.15     Subd. 9.  [APPLICABLE OFFENSES.] The crimes for which 
  1.16  mandatory minimum sentences shall be served as provided in this 
  1.17  section are:  murder in the first, second, or third degree; 
  1.18  assault in the first, second, or third degree; burglary; 
  1.19  kidnapping; false imprisonment; manslaughter in the first or 
  1.20  second degree; aggravated robbery; simple robbery; first-degree 
  1.21  or aggravated first-degree witness tampering; criminal sexual 
  1.22  conduct under the circumstances described in sections 609.342, 
  1.23  subdivision 1, clauses (a) to (f); 609.343, subdivision 1, 
  1.24  clauses (a) to (f); and 609.344, subdivision 1, clauses (a) to 
  1.25  (e) and (h) to (j); escape from custody; arson in the first, 
  1.26  second, or third degree; drive-by shooting under section 609.66, 
  1.27  subdivision 1e; harassment and stalking under section 609.749, 
  1.28  subdivision 3, clause (3); possession or other unlawful use of a 
  2.1   firearm in violation of section 609.165, subdivision 1b, or 
  2.2   624.713, subdivision 1, clause (b), a felony violation of 
  2.3   chapter 152; or any attempt to commit any of these offenses. 
  2.4      Sec. 2.  Minnesota Statutes 1996, section 609.229, 
  2.5   subdivision 3, is amended to read: 
  2.6      Subd. 3.  [PENALTY.] (a) If the crime committed in 
  2.7   violation of subdivision 2 is a felony, the statutory maximum 
  2.8   for the crime is three five years longer than the statutory 
  2.9   maximum for the underlying crime. 
  2.10     (b) If the crime committed in violation of subdivision 2 is 
  2.11  a misdemeanor, the person is guilty of a gross misdemeanor. 
  2.12     (c) If the crime committed in violation of subdivision 2 is 
  2.13  a gross misdemeanor, the person is guilty of a felony and may be 
  2.14  sentenced to imprisonment for not more than one year and a day 
  2.15  three years or to payment of a fine of not more 
  2.16  than $5,000 $15,000, or both. 
  2.17     Sec. 3.  Minnesota Statutes 1996, section 609.229, is 
  2.18  amended by adding a subdivision to read: 
  2.19     Subd. 4.  [MANDATORY MINIMUM SENTENCE.] (a) Unless a longer 
  2.20  mandatory minimum sentence is otherwise required by law, or the 
  2.21  court imposes a longer aggravated durational departure, or a 
  2.22  longer prison sentence is presumed under the sentencing 
  2.23  guidelines and imposed by the court, a person convicted of a 
  2.24  crime described in subdivision 3, paragraph (a), shall be 
  2.25  committed to the custody of the commissioner of corrections for 
  2.26  not less than one year plus one day. 
  2.27     (b) Any person convicted and sentenced as required by 
  2.28  paragraph (a) is not eligible for probation, parole, discharge, 
  2.29  work release, or supervised release until that person has served 
  2.30  the full term of imprisonment as provided by law, 
  2.31  notwithstanding the provisions of sections 242.19, 243.05, 
  2.32  244.04, 609.12, and 609.135. 
  2.33     Sec. 4.  [EFFECTIVE DATE.] 
  2.34     Sections 1 to 3 are effective August 1, 1998, and apply to 
  2.35  crimes committed on or after that date.