SF 3919

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/11/2020 04:06pm

A bill for an act
relating to crime; clarifying the definition of prior sex offense conviction; applying
the sex offense conditional release provisions to attempted sex offenses; amending
Minnesota Statutes 2018, section 609.3455, subdivisions 1, 6, 7.

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

Section 1.

Minnesota Statutes 2018, section 609.3455, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) As used in this section, the following terms have the
meanings given.

(b) "Conviction" includes a conviction as an extended jurisdiction juvenile under section
260B.130 for a violation of, or an attempt to violate, section 609.342, 609.343, 609.344, or
609.3453, if the adult sentence has been executed.

(c) "Extreme inhumane conditions" mean situations where, either before or after the
sexual penetration or sexual contact, the offender knowingly causes or permits the
complainant to be placed in a situation likely to cause the complainant severe ongoing
mental, emotional, or psychological harm, or causes the complainant's death.

(d) A "heinous element" includes:

(1) the offender tortured the complainant;

(2) the offender intentionally inflicted great bodily harm upon the complainant;

(3) the offender intentionally mutilated the complainant;

(4) the offender exposed the complainant to extreme inhumane conditions;

(5) the offender was armed with a dangerous weapon or any article used or fashioned
in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and
used or threatened to use the weapon or article to cause the complainant to submit;

(6) the offense involved sexual penetration or sexual contact with more than one victim;

(7) the offense involved more than one perpetrator engaging in sexual penetration or
sexual contact with the complainant; or

(8) the offender, without the complainant's consent, removed the complainant from one
place to another and did not release the complainant in a safe place.

(e) "Mutilation" means the intentional infliction of physical abuse designed to cause
serious permanent disfigurement or permanent or protracted loss or impairment of the
functions of any bodily member or organ, where the offender relishes the infliction of the
abuse, evidencing debasement or perversion.

(f) A conviction is considered a "previous sex offense conviction" if the offender was
convicted and sentenced for a sex offense before the commission of the present offense.

(g) A conviction is considered a "prior sex offense conviction" if the offender was
convicted of committing a sex offense before the offender has been convicted of the present
offense, regardless of whether the offender was convicted for the first offense before the
commission of the present offense, and the convictions involved separate behavioral
incidents new text begin . The sequencing of the order in time in which the pleas or verdicts for the offenses
are accepted, recorded, adjudicated, or sentenced and whether this occurs simultaneously
or sequentially is irrelevant in determining whether the first offense is a prior sex offense
conviction new text end .

(h) "Sex offense" means any violation of, or attempt to violate, section 609.342, 609.343,
609.344, 609.345, 609.3451, 609.3453, or any similar statute of the United States, this state,
or any other state.

(i) "Torture" means the intentional infliction of extreme mental anguish, or extreme
psychological or physical abuse, when committed in an especially depraved manner.

(j) An offender has "two previous sex offense convictions" only if the offender was
convicted and sentenced for a sex offense committed after the offender was earlier convicted
and sentenced for a sex offense and both convictions preceded the commission of the present
offense of conviction.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2018, section 609.3455, subdivision 6, is amended to read:

Subd. 6.

Mandatory ten-year conditional release term.

Notwithstanding the statutory
maximum sentence otherwise applicable to the offense and unless a longer conditional
release term is required in subdivision 7, when a court commits an offender to the custody
of the commissioner of corrections for a violation of new text begin or attempt to violate new text end section 609.342,
609.343, 609.344, 609.345, or 609.3453, the court shall provide that, after the offender has
been released from prison, the commissioner shall place the offender on conditional release
for ten years.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2018, section 609.3455, subdivision 7, is amended to read:

Subd. 7.

Mandatory lifetime conditional release term.

(a) When a court sentences an
offender under subdivision 3 or 4, the court shall provide that, if the offender is released
from prison, the commissioner of corrections shall place the offender on conditional release
for the remainder of the offender's life.

(b) Notwithstanding the statutory maximum sentence otherwise applicable to the offense,
when the court commits an offender to the custody of the commissioner of corrections for
a violation of new text begin or attempt to violate new text end section 609.342, 609.343, 609.344, 609.345, or 609.3453,
and the offender has a previous or prior sex offense conviction, the court shall provide that,
after the offender has been released from prison, the commissioner shall place the offender
on conditional release for the remainder of the offender's life.

(c) Notwithstanding paragraph (b), an offender may not be placed on lifetime conditional
release for a violation of new text begin or attempt to violate new text end section 609.345, unless the offender's previous
or prior sex offense conviction is for a violation of section 609.342, 609.343, 609.344, or
609.3453, or any similar statute of the United States, this state, or any other state.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020, and applies to crimes
committed on or after that date.
new text end