SF 3456

as introduced - 90th Legislature (2017 - 2018) Posted on 03/16/2018 08:43am

A bill for an act
relating to public safety; increasing the penalties for murder and assault through
the distribution of controlled substances and expanding those crimes; appropriating
money for community-based drug treatment programs; amending Minnesota
Statutes 2016, sections 609.19, subdivision 2; 609.195; 609.20; 609.228.

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

Section 1.

Minnesota Statutes 2016, section 609.19, subdivision 2, is amended to read:

Subd. 2.

Unintentional murders.

Whoever does deleted text begin either deleted text end new text begin any new text end of the following is guilty
of unintentional murder in the second degree and may be sentenced to imprisonment for
not more than 40 years:

(1) causes the death of a human being, without intent to effect the death of any person,
while committing or attempting to commit a felony offense other than criminal sexual
conduct in the first or second degree with force or violence or a drive-by shooting; deleted text begin or
deleted text end

(2) causes the death of a human being without intent to effect the death of any person,
while intentionally inflicting or attempting to inflict bodily harm upon the victim, when the
perpetrator is restrained under an order for protection and the victim is a person designated
to receive protection under the order. As used in this clause, "order for protection" includes
an order for protection issued under chapter 518B; a harassment restraining order issued
under section 609.748; a court order setting conditions of pretrial release or conditions of
a criminal sentence or juvenile court disposition; a restraining order issued in a marriage
dissolution action; and any order issued by a court of another state or of the United States
that is similar to any of these orders new text begin ; or
new text end

new text begin (3) proximately causes the death of a human being, without intent to effect the death of
any person, by, directly or indirectly, unlawfully selling, giving away, bartering, delivering,
exchanging, distributing, or administering a controlled substance classified in Schedule I,
II, III, IV, or V new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2016, section 609.195, is amended to read:

609.195 MURDER IN THE THIRD DEGREE.

deleted text begin (a) deleted text end Whoever, without intent to effect the death of any person, causes the death of another
by perpetrating an act eminently dangerous to others and evincing a depraved mind, without
regard for human life, is guilty of murder in the third degree and may be sentenced to
imprisonment for not more than 25 years.

deleted text begin (b) Whoever, without intent to cause death, proximately causes the death of a human
being by, directly or indirectly, unlawfully selling, giving away, bartering, delivering,
exchanging, distributing, or administering a controlled substance classified in Schedule I
or II, is guilty of murder in the third degree and may be sentenced to imprisonment for not
more than 25 years or to payment of a fine of not more than $40,000, or both.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2016, section 609.20, is amended to read:

609.20 MANSLAUGHTER IN THE FIRST DEGREE.

Whoever does any of the following is guilty of manslaughter in the first degree and may
be sentenced to imprisonment for not more than 15 years or to payment of a fine of not
more than $30,000, or both:

(1) intentionally causes the death of another person in the heat of passion provoked by
such words or acts of another as would provoke a person of ordinary self-control under like
circumstances, provided that the crying of a child does not constitute provocation;

(2) violates section 609.224 and causes the death of another or causes the death of another
in committing or attempting to commit a misdemeanor or gross misdemeanor offense with
such force and violence that death of or great bodily harm to any person was reasonably
foreseeable, and murder in the first or second degree was not committed thereby;

(3) intentionally causes the death of another person because the actor is coerced by
threats made by someone other than the actor's coconspirator and which cause the actor
reasonably to believe that the act performed by the actor is the only means of preventing
imminent death to the actor or another; new text begin or
new text end

deleted text begin (4) proximately causes the death of another, without intent to cause death by, directly
or indirectly, unlawfully selling, giving away, bartering, delivering, exchanging, distributing,
or administering a controlled substance classified in Schedule III, IV, or V; or
deleted text end

deleted text begin (5) deleted text end new text begin (4) new text end causes the death of another in committing or attempting to commit a violation
of section 609.377 (malicious punishment of a child), and murder in the first, second, or
third degree is not committed thereby.

As used in this section, a "person of ordinary self-control" does not include a person
under the influence of intoxicants or a controlled substance.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2016, section 609.228, is amended to read:

609.228 GREAT BODILY HARM CAUSED BY DISTRIBUTION OF DRUGS.

Whoever proximately causes great bodily harm by, directly or indirectly, unlawfully
selling, giving away, bartering, delivering, exchanging, distributing, or administering a
controlled substance classified in Schedule I deleted text begin or deleted text end new text begin , new text end II new text begin , III, IV, or V new text end may be sentenced to
imprisonment for not more than deleted text begin ten deleted text end new text begin 15 new text end years or to payment of a fine of not more than
$20,000, or both.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 5. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated to the commissioner of public safety from the general fund for the
fiscal year ending June 30, 2019, for grants to counties to provide for increased
community-based drug treatment programs including programs that a person would be
referred to following a Rule 25 assessment. The programs must be tailored to offenders
charged with or convicted of controlled substance crimes who are amenable to treatment.
Counties receiving grants under this section shall use the money to provide treatment for
these offenders in an attempt to keep them from being sent to prison when a probationary
sentence serves public safety and the chemical dependency needs of the offender.
new text end