SF 82

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 11/09/2021 01:25pm

A bill for an act
relating to public safety; increasing penalties for certain assaults on peace officers,
judges, prosecuting attorneys, and correctional employees; providing for mandatory
minimum sentences; amending Minnesota Statutes 2020, section 609.221.

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

Section 1.

Minnesota Statutes 2020, section 609.221, is amended to read:

609.221 ASSAULT IN THE FIRST DEGREE.

Subdivision 1.

Great bodily harm.

Whoever assaults another and inflicts great bodily
harm may be sentenced to imprisonment for not more than 20 years or to payment of a fine
of not more than $30,000, or both.

Subd. 2.

Use of deadly force against peace officer, prosecuting attorney, judge, or
correctional employee.

deleted text begin (a) deleted text end Whoever assaults a peace officer, prosecuting attorney, judge,
or correctional employee by using or attempting to use deadly force against the officer,
attorney, judge, or employee while the person is engaged in the performance of a duty
imposed by law, policy, or rule may be sentenced to imprisonment for not more than 20
years or to payment of a fine of not more than $30,000, or both.

deleted text begin (b) A person convicted of assaulting a peace officer, prosecuting attorney, judge, or
correctional employee as described in paragraph (a) shall be committed to the commissioner
of corrections for not less than ten years, nor more than 20 years. A defendant 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. Notwithstanding section 609.135, the court may not stay the
imposition or execution of this sentence.
deleted text end

new text begin Subd. 3. new text end

new text begin Great bodily harm; peace officer, prosecuting attorney, judge, or
correctional employee. new text end

new text begin Whoever assaults a peace officer, prosecuting attorney, judge, or
correctional employee and inflicts great bodily harm on the officer, attorney, judge, or
employee while the person is engaged in the performance of a duty imposed by law, policy,
or rule may be sentenced to imprisonment for not more than 25 years or to payment of a
fine of not more than $35,000, or both.
new text end

new text begin Subd. 4. new text end

new text begin Use of dangerous weapon or deadly force resulting in great bodily harm
against peace officer, prosecuting attorney, judge, or correctional employee. new text end

new text begin Whoever
assaults and inflicts great bodily harm upon a peace officer, prosecuting attorney, judge, or
correctional employee with a dangerous weapon or by using or attempting to use deadly
force against the officer, attorney, judge, or employee while the person is engaged in the
performance of a duty imposed by law, policy, or rule may be sentenced to imprisonment
for not more than 30 years or to payment of a fine of not more than $40,000, or both.
new text end

new text begin Subd. 5. new text end

new text begin Mandatory sentences for assaults against a peace officer, prosecuting
attorney, judge, or correctional employee. new text end

new text begin (a) A person convicted of assaulting a peace
officer, prosecuting attorney, judge, or correctional employee shall be committed to the
custody of the commissioner of corrections for not less than:
new text end

new text begin (1) ten years, nor more than 20 years, for a violation of subdivision 2;
new text end

new text begin (2) 15 years, nor more than 25 years, for a violation of subdivision 3; or
new text end

new text begin (3) 25 years, nor more than 30 years, for a violation of subdivision 4.
new text end

new text begin (b) A defendant convicted and sentenced as required by this subdivision 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. Notwithstanding section
609.135, the court may not stay the imposition or execution of this sentence.
new text end

new text begin Subd. 6. new text end

new text begin Definitions. new text end

deleted text begin (c) deleted text end As used in this deleted text begin subdivision deleted text end new text begin section new text end :

(1) "correctional employee" means an employee of a public or private prison, jail, or
workhouse;

(2) "deadly force" has the meaning given in section 609.066, subdivision 1;

(3) "peace officer" has the meaning given in section 626.84, subdivision 1;

(4) "prosecuting attorney" means an attorney, with criminal prosecution or civil
responsibilities, who is the attorney general, a political subdivision's elected or appointed
county or city attorney, or a deputy, assistant, or special assistant of any of these; and

(5) "judge" means a judge or justice of any court of this state that is established by the
Minnesota Constitution.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end