SF 2576

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/04/2022 10:51am

A bill for an act
relating to public safety; prohibiting courts from sentencing a person without regard
to the mandatory minimum sentence applicable to certain designated crimes
involving firearms or other dangerous weapons; amending Minnesota Statutes
2020, section 609.11, subdivision 10; repealing Minnesota Statutes 2020, section
609.11, subdivision 8.

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

Section 1.

Minnesota Statutes 2020, section 609.11, subdivision 10, is amended to read:

Subd. 10.

Report on criminal cases involving firearm.

Beginning on July 1, 1994,
every county attorney shall collect and maintain the following information on criminal
complaints and prosecutions within the county attorney's office in which the defendant is
alleged to have committed an offense listed in subdivision 9 while possessing or using a
firearm:

(1) whether the case was charged or dismissed;

(2) whether the defendant was convicted of the offense or a lesser offense; and

(3) whether the mandatory minimum sentence required under this section was imposed
and executed deleted text begin or was waived by the prosecutor or court deleted text end .

No later than July 1 of each year, beginning on July 1, 1995, the county attorney shall
forward this information to the Sentencing Guidelines commission upon forms prescribed
by the commission.

Sec. 2. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2020, section 609.11, subdivision 8, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

APPENDIX

Repealed Minnesota Statutes: 22-05203

609.11 MINIMUM SENTENCES OF IMPRISONMENT.

Subd. 8.

Motion by prosecutor.

(a) Except as otherwise provided in paragraphs (b) and (c), prior to the time of sentencing, the prosecutor may file a motion to have the defendant sentenced without regard to the mandatory minimum sentences established by this section. The motion shall be accompanied by a statement on the record of the reasons for it. When presented with the motion, or on its own motion, the court may sentence the defendant without regard to the mandatory minimum sentences established by this section if the court finds substantial and compelling reasons to do so. A sentence imposed under this subdivision is a departure from the Sentencing Guidelines.

(b) The court may not, on its own motion or the prosecutor's motion, sentence a defendant without regard to the mandatory minimum sentences established by this section if the defendant previously has been convicted of an offense listed in subdivision 9 in which the defendant used or possessed a firearm or other dangerous weapon.

(c) The court may not, on its own motion or the prosecutor's motion, sentence a defendant without regard to the mandatory minimum sentences established by subdivision 5, if the defendant was convicted of a crime under section 152.021, subdivision 1, or 152.022, subdivision 1, and the person or an accomplice possessed on their person or within immediate reach, or used, whether by brandishing, displaying, threatening with, or otherwise employing, a firearm.