SF 2387

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes; treating probation officers the 
  1.3             same as correctional employees for purposes of certain 
  1.4             assaults; amending Minnesota Statutes 2002, section 
  1.5             609.2231, subdivision 1; Minnesota Statutes 2003 
  1.6             Supplement, section 609.2231, subdivision 3. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 609.2231, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [PEACE OFFICERS.] Whoever physically 
  1.11  assaults a peace officer licensed under section 626.845, 
  1.12  subdivision 1, when that officer is effecting a lawful arrest or 
  1.13  executing any other duty imposed by law is guilty of a gross 
  1.14  misdemeanor and may be sentenced to imprisonment for not more 
  1.15  than one year or to payment of a fine of not more than $3,000, 
  1.16  or both.  If the assault inflicts demonstrable bodily harm or 
  1.17  the person intentionally throws or otherwise transfers bodily 
  1.18  fluids or feces at or onto the officer, the person is guilty of 
  1.19  a felony and may be sentenced to imprisonment for not more than 
  1.20  three years or to payment of a fine of not more than $6,000, or 
  1.21  both. 
  1.22     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
  1.23  and applies to crimes committed on or after that date. 
  1.24     Sec. 2.  Minnesota Statutes 2003 Supplement, section 
  1.25  609.2231, subdivision 3, is amended to read: 
  1.26     Subd. 3.  [CORRECTIONAL EMPLOYEES; PROBATION OFFICERS.] 
  2.1   Whoever commits either of the following acts against an employee 
  2.2   of a correctional facility as defined in section 241.021, 
  2.3   subdivision 1, paragraph (f), or against a probation officer or 
  2.4   other qualified person employed in supervising offenders while 
  2.5   the employee, officer, or person is engaged in the performance 
  2.6   of a duty imposed by law, policy, or rule is guilty of a felony 
  2.7   and may be sentenced to imprisonment for not more than two years 
  2.8   or to payment of a fine of not more than $4,000, or both: 
  2.9      (1) assaults the employee and inflicts demonstrable bodily 
  2.10  harm; or 
  2.11     (2) intentionally throws or otherwise transfers bodily 
  2.12  fluids or feces at or onto the employee. 
  2.13     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
  2.14  and applies to crimes committed on or after that date.