SF 2843

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/04/2022 10:44am

A bill for an act
relating to public safety; providing for an enhanced criminal penalty for the theft
of a motor vehicle when the vehicle is subsequently used to commit a crime of
violence; amending Minnesota Statutes 2020, section 609.52, subdivision 3a.

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

Section 1.

Minnesota Statutes 2020, section 609.52, subdivision 3a, is amended to read:

Subd. 3a.

Enhanced penalty.

new text begin (a) new text end If a violation of this section creates a reasonably
foreseeable risk of bodily harm to another, the penalties described in subdivision 3 are
enhanced as follows:

(1) if the penalty is a misdemeanor or a gross misdemeanor, the person is guilty of a
felony and may be sentenced to imprisonment for not more than three years or to payment
of a fine of not more than $5,000, or both; and

(2) if the penalty is a felony, the statutory maximum sentence for the offense is 50 percent
longer than for the underlying crime.

new text begin (b) Notwithstanding the maximum penalty otherwise provided in subdivision 3, a person
who violates subdivision 2 where the property stolen is a motor vehicle, and where the
person uses the vehicle in furtherance of a felony crime of violence within 72 hours of the
theft, is guilty of a felony and may be sentenced:
new text end

new text begin (1) to imprisonment for not more than 15 years or to payment of a fine of not more than
$30,000, or both, if the value of the stolen vehicle exceeds $5,000; and
new text end

new text begin (2) to imprisonment for not more than ten years or to payment of a fine of not more than
$20,000, or both, if the value of the stolen vehicle is $5,000 or less.
new text end

new text begin As used in this paragraph, "crime of violence" has the meaning given in section 624.712,
subdivision 5, except that the term does not include violations of sections 152.023,
subdivision 2; 152.024, subdivision 2; or 152.025, subdivision 2, but does include violations
of sections 518B.01, 609.2231, 609.224, 609.2242, 609.3451, 609.749, and 629.75, including
attempts to commit those violations, and regardless of the penalty level of the violation.
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