SF 614

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:14am

A bill for an act
relating to crimes; expanding definition of secured treatment facility for purposes
of fourth degree assault to include locked psychiatric hospitals; amending
Minnesota Statutes 2008, section 609.2231, subdivision 3a.

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

Section 1.

Minnesota Statutes 2008, section 609.2231, subdivision 3a, is amended to
read:

Subd. 3a.

Secure treatment facility personnel.

(a) As used in this subdivision,
"secure treatment facility" deleted text begin has deleted text end new text begin includes new text end the meaning given in section 253B.02, subdivision
18a new text begin , and also includes all locked psychiatric hospitals new text end .

(b) Whoever, while committed under section 253B.185 or Minnesota Statutes
1992, section 526.10, commits either of the following acts against an employee or other
individual who provides care or treatment at a secure treatment facility while the person is
engaged in the performance of a duty imposed by law, policy, or rule is guilty of a felony
and may be sentenced to imprisonment for not more than two years or to payment of
a fine of not more than $4,000, or both:

(1) assaults the person and inflicts demonstrable bodily harm; or

(2) intentionally throws or otherwise transfers bodily fluids or feces at or onto the
person.

(c) The court shall commit a person convicted of violating paragraph (b) to the
custody of the commissioner of corrections for not less than one year and one day. The
court may not, on its own motion or the prosecutor's motion, sentence a person without
regard to this paragraph. A person convicted and sentenced as required by this paragraph
is not eligible for probation, parole, discharge, work release, or supervised release, until
that person has served the full term of imprisonment as provided by law, notwithstanding
the provisions of sections 241.26, 242.19, 243.05, 244.04, 609.12, and 609.135.

(d) Notwithstanding the statutory maximum sentence provided in paragraph (b),
when a court sentences a person to the custody of the commissioner of corrections for a
violation of paragraph (b), the court shall provide that after the person has completed the
sentence imposed, the commissioner shall place the person on conditional release for five
years. The terms of conditional release are governed by sections 244.05 and 609.3455,
subdivision 6, 7, or 8; and Minnesota Statutes 2004, section 609.109.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to
offenses committed on or after that date.
new text end