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SF 4081

as introduced - 91st Legislature (2019 - 2020) Posted on 04/08/2020 08:15am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to public safety; increasing penalties for certain human trafficking offenses;
increasing penalties for patrons of prostitutes; amending Minnesota Statutes 2018,
sections 609.1095, subdivision 1; 609.131, subdivision 2; 609.322, subdivisions
1, 1a; 609.324, subdivisions 2, 4; 609.3241; 609.352, subdivision 4; repealing
Minnesota Statutes 2018, section 609.324, subdivision 3.

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

Section 1.

Minnesota Statutes 2018, section 609.1095, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

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

(b) "Conviction" means any of the following accepted and recorded by the court: a plea
of guilty, a verdict of guilty by a jury, or a finding of guilty by the court. The term includes
a conviction by any court in Minnesota or another jurisdiction.

(c) "Prior conviction" means a conviction that occurred before the offender committed
the next felony resulting in a conviction and before the offense for which the offender is
being sentenced under this section.

(d) "Violent crime" means a violation of or an attempt or conspiracy to violate any of
the following laws of this state or any similar laws of the United States or any other state:
sections 152.137; 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 609.2112; 609.2113;
609.2114; 609.221; 609.222; 609.223; 609.228; 609.235; 609.24; 609.245; 609.25; 609.255;
609.2661; 609.2662; 609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268; new text begin609.322;
new text end 609.342
; 609.343; 609.344; 609.345; 609.498, subdivision 1; 609.561; 609.562; 609.582,
subdivision 1
; 609.66, subdivision 1e; 609.687; and 609.855, subdivision 5; any provision
of sections 609.229; 609.377; 609.378; 609.749; and 624.713 that is punishable by a felony
penalty; or any provision of chapter 152 that is punishable by a maximum sentence of 15
years or more; or Minnesota Statutes 2012, section 609.21.

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 609.131, subdivision 2, is amended to read:


Subd. 2.

Certain violations excepted.

Subdivision 1 does not apply to a misdemeanor
violation of section 169A.20; 171.09, subdivision 1, paragraph (g); 171.306, subdivision
6; 609.224; 609.2242; 609.226; deleted text begin609.324, subdivision 3;deleted text end 609.52; or 617.23, or an ordinance
that conforms in substantial part to any of those sections. A violation described in this
subdivision must be treated as a misdemeanor unless the defendant consents to the
certification of the violation as a petty misdemeanor.

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 609.322, subdivision 1, is amended to read:


Subdivision 1.

Solicitation, inducement, and promotion of prostitution; sex trafficking
in the first degree.

(a) Whoever, while acting other than as a prostitute or patron,
intentionally does any of the following may be sentenced to imprisonment for not more
than deleted text begin20deleted text endnew text begin 25new text end years or to payment of a fine of not more than $50,000, or both:

(1) solicits or induces an individual under the age of 18 years to practice prostitution;

(2) promotes the prostitution of an individual under the age of 18 years;

(3) receives profit, knowing or having reason to know that it is derived from the
prostitution, or the promotion of the prostitution, of an individual under the age of 18 years;
or

(4) engages in the sex trafficking of an individual under the age of 18 years.

(b) Whoever violates paragraph (a) or subdivision 1a may be sentenced to imprisonment
for not more than deleted text begin25deleted text endnew text begin 30new text end years or to payment of a fine of not more than $60,000, or both, if
one or more of the following aggravating factors are present:

(1) the offender has committed a prior qualified human trafficking-related offense;

(2) the offense involved a sex trafficking victim who suffered bodily harm during the
commission of the offense;

(3) the time period that a sex trafficking victim was held in debt bondage or forced labor
or services exceeded 180 days; or

(4) the offense involved more than one sex trafficking victim.

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. 4.

Minnesota Statutes 2018, section 609.322, subdivision 1a, is amended to read:


Subd. 1a.

Solicitation, inducement, and promotion of prostitution; sex trafficking
in the second degree.

Whoever, while acting other than as a prostitute or patron, intentionally
does any of the following may be sentenced to imprisonment for not more than deleted text begin15deleted text endnew text begin 20new text end years
or to payment of a fine of not more than $40,000, or both:

(1) solicits or induces an individual to practice prostitution;

(2) promotes the prostitution of an individual;

(3) receives profit, knowing or having reason to know that it is derived from the
prostitution, or the promotion of the prostitution, of an individual; or

(4) engages in the sex trafficking of an individual.

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. 5.

Minnesota Statutes 2018, section 609.324, subdivision 2, is amended to read:


Subd. 2.

new text beginPatrons of new text endprostitution deleted text beginin public placedeleted text end; penalty deleted text beginfor patronsdeleted text end.

new text begin(a) new text endWhoever,
while acting as a patron, intentionally does any of the following deleted text beginwhile in a public placedeleted text end is
guilty of a gross misdemeanor:

(1) engages in prostitution with an individual 18 years of age or older; or

(2) hires, offers to hire, or agrees to hire an individual 18 years of age or older to engage
in sexual penetration or sexual contact.

Except as otherwise provided in subdivision 4, a person who is convicted of violating this
subdivision must, at a minimum, be sentenced to pay a fine of at least $1,500.

new text begin (b) Whoever violates the provisions of this subdivision within ten years of a previous
conviction for violating this section or section 609.322 is guilty of a felony and may be
sentenced to imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both.
new text end

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. 6.

Minnesota Statutes 2018, section 609.324, subdivision 4, is amended to read:


Subd. 4.

Community service in lieu of minimum fine.

The court may order a person
convicted of violating subdivision 2 deleted text beginor 3deleted text end to perform community work service in lieu of all
or a portion of the minimum fine required under those subdivisions if the court makes
specific, written findings that the convicted person is indigent or that payment of the fine
would create undue hardship for the convicted person or that person's immediate family.
Community work service ordered under this subdivision is in addition to any mandatory
community work service ordered under subdivision 3.

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. 7.

Minnesota Statutes 2018, section 609.3241, is amended to read:


609.3241 PENALTY ASSESSMENT AUTHORIZED.

(a) When a court sentences an adult convicted of violating section 609.27, 609.282,
609.283, 609.322, 609.324, 609.33, 609.352, 617.246, 617.247, or 617.293, while acting
other than as a prostitute, the court shall impose an assessment of not less than $500 and
not more than $750 for a misdemeanor violation of section 609.27, a violation of section
609.324, subdivision 2, deleted text begina misdemeanor violation of section 609.324, subdivision 3,deleted text end a violation
of section 609.33, or a violation of section 617.293; otherwise the court shall impose an
assessment of not less than $750 and not more than $1,000. The assessment shall be
distributed as provided in paragraph (c) and is in addition to the surcharge required by
section 357.021, subdivision 6.

(b) The court may not waive payment of the minimum assessment required by this
section. If the defendant qualifies for the services of a public defender or the court finds on
the record that the convicted person is indigent or that immediate payment of the assessment
would create undue hardship for the convicted person or that person's immediate family,
the court may reduce the amount of the minimum assessment to not less than $100. The
court also may authorize payment of the assessment in installments.

(c) The assessment collected under paragraph (a) must be distributed as follows:

(1) 40 percent of the assessment shall be forwarded to the political subdivision that
employs the arresting officer for use in enforcement, training, and education activities related
to combating sexual exploitation of youth, or if the arresting officer is an employee of the
state, this portion shall be forwarded to the commissioner of public safety for those purposes
identified in clause (3);

(2) 20 percent of the assessment shall be forwarded to the prosecuting agency that handled
the case for use in training and education activities relating to combating sexual exploitation
activities of youth; and

(3) 40 percent of the assessment must be forwarded to the commissioner of health to be
deposited in the safe harbor for youth account in the special revenue fund and are
appropriated to the commissioner for distribution to crime victims services organizations
that provide services to sexually exploited youth, as defined in section 260C.007, subdivision
31
.

(d) A safe harbor for youth account is established as a special account in the state treasury.

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. 8.

Minnesota Statutes 2018, section 609.352, subdivision 4, is amended to read:


Subd. 4.

Penalty.

A person convicted under subdivision 2 or 2a is guilty of a felony and
may be sentenced to imprisonment for not more than deleted text beginthreedeleted text endnew text begin fivenew text end years, or to payment of a
fine of not more than deleted text begin$5,000deleted text endnew text begin $10,000new text end, or both.

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. 9. new text beginSENTENCING GUIDELINES MODIFICATION.
new text end

new text begin The Sentencing Guidelines Commission shall comprehensively review and consider
modifying how the Sentencing Guidelines and the sex offender grid address the crimes
described in Minnesota Statutes, section 609.322.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
new text end

Sec. 10. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2018, section 609.324, subdivision 3, new text end new text begin is repealed.
new text end

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

APPENDIX

Repealed Minnesota Statutes: 20-6485

609.324 PATRONS; PROSTITUTES; HOUSING INDIVIDUALS ENGAGED IN PROSTITUTION; PENALTIES.

Subd. 3.

General prostitution crimes; penalties for patrons.

(a) Whoever, while acting as a patron, intentionally does any of the following is guilty of a misdemeanor:

(1) engages in prostitution with an individual 18 years of age or older; or

(2) hires, offers to hire, or agrees to hire an individual 18 years of age or older to engage in sexual penetration or sexual contact. Except as otherwise provided in subdivision 4, a person who is convicted of violating this paragraph must, at a minimum, be sentenced to pay a fine of at least $500.

(b) Whoever violates the provisions of this subdivision within two years of a previous prostitution conviction for violating this section or section 609.322 is guilty of a gross misdemeanor. Except as otherwise provided in subdivision 4, a person who is convicted of violating this paragraph must, at a minimum, be sentenced as follows:

(1) to pay a fine of at least $1,500; and

(2) to serve 20 hours of community work service.

The court may waive the mandatory community work service if it makes specific, written findings that the community work service is not feasible or appropriate under the circumstances of the case.