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SF 4098

as introduced - 91st Legislature (2019 - 2020) Posted on 03/10/2020 08:41am

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; establishing the crime of assault by strangulation; repealing
the crime of domestic assault by strangulation; amending Minnesota Statutes 2018,
sections 243.167, subdivision 1; 609.2242, subdivision 3; Minnesota Statutes 2019
Supplement, sections 145A.061, subdivision 3; 245C.15, subdivision 1; 518.179,
subdivision 2; 609.02, subdivision 16; 611A.036, subdivision 7; 624.712,
subdivision 5; 631.52, subdivision 2; proposing coding for new law in Minnesota
Statutes, chapter 609; repealing Minnesota Statutes 2018, section 609.2247.

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

Section 1.

Minnesota Statutes 2019 Supplement, section 145A.061, subdivision 3, is
amended to read:


Subd. 3.

Denial of service.

The commissioner may deny an application from any
applicant who has been convicted of any of the following crimes:

Section 609.185 (murder in the first degree); section 609.19 (murder in the second
degree); section 609.195 (murder in the third degree); section 609.20 (manslaughter in the
first degree); section 609.205 (manslaughter in the second degree); section 609.25
(kidnapping); section 609.2661 (murder of an unborn child in the first degree); section
609.2662 (murder of an unborn child in the second degree); section 609.2663 (murder of
an unborn child in the third degree); section 609.342 (criminal sexual conduct in the first
degree); section 609.343 (criminal sexual conduct in the second degree); section 609.344
(criminal sexual conduct in the third degree); section 609.345 (criminal sexual conduct in
the fourth degree); section 609.3451 (criminal sexual conduct in the fifth degree); section
609.3453 (criminal sexual predatory conduct); section 609.352 (solicitation of children to
engage in sexual conduct); section 609.352 (communication of sexually explicit materials
to children); section 609.365 (incest); section 609.377 (felony malicious punishment of a
child); section 609.378 (felony neglect or endangerment of a child); section 609.561 (arson
in the first degree); section 609.562 (arson in the second degree); section 609.563 (arson in
the third degree); section 609.749, subdivision 3, 4, or 5 (felony harassment or stalking);
section 152.021 (controlled substance crimes in the first degree); section 152.022 (controlled
substance crimes in the second degree); section 152.023 (controlled substance crimes in the
third degree); section 152.024 (controlled substance crimes in the fourth degree); section
152.025 (controlled substance crimes in the fifth degree); section 243.166 (violation of
predatory offender registration law); section 617.23, subdivision 2, clause (1), or subdivision
3, clause (1) (indecent exposure involving a minor); section 617.246 (use of minors in sexual
performance); section 617.247 (possession of pornographic work involving minors); section
609.221 (assault in the first degree); section 609.222 (assault in the second degree); section
609.223 (assault in the third degree); section 609.2231 (assault in the fourth degree); new text beginsection
609.2234 (assault by strangulation);
new text endsection 609.224 (assault in the fifth degree); section
609.2242 (domestic assault); deleted text beginsection 609.2247 (domestic assault by strangulation);deleted text end section
609.228 (great bodily harm caused by distribution of drugs); section 609.23 (mistreatment
of persons confined); section 609.231 (mistreatment of residents or patients); section
609.2325 (criminal abuse); section 609.233 (criminal neglect); section 609.2335 (financial
exploitation of a vulnerable adult); section 609.234 (failure to report); section 609.24 (simple
robbery); section 609.245 (aggravated robbery); section 609.255 (false imprisonment);
section 609.322 (solicitation, inducement, and promotion of prostitution and sex trafficking);
section 609.324, subdivision 1 (hiring or engaging minors in prostitution); section 609.465
(presenting false claims to a public officer or body); section 609.466 (medical assistance
fraud); section 609.52 (felony theft); section 609.82 (felony fraud in obtaining credit);
section 609.527 (felony identity theft); section 609.582 (felony burglary); section 609.611
(felony insurance fraud); section 609.625 (aggravated forgery); section 609.63 (forgery);
section 609.631 (felony check forgery); section 609.66, subdivision 1e (felony drive-by
shooting); section 609.71 (felony riot); section 609.713 (terroristic threats); section 609.72,
subdivision 3
(disorderly conduct by a caregiver against a vulnerable adult); section 609.821
(felony financial transaction card fraud); section 609.855, subdivision 5 (shooting at or in
a public transit vehicle or facility); or aiding and abetting, attempting, or conspiring to
commit any of the offenses in this subdivision.

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2018, section 243.167, subdivision 1, is amended to read:


Subdivision 1.

Definition.

As used in this section, "crime against the person" means a
violation of any of the following or a similar law of another state or of the United States:
section 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 609.221; 609.222; 609.223;
609.2231;new text begin 609.2234;new text end 609.224, subdivision 2 or 4; 609.2242, subdivision 2 or 4; deleted text begin609.2247;deleted text end
609.235; 609.245, subdivision 1; 609.25; 609.255; 609.3451, subdivision 2; 609.498,
subdivision 1
; 609.582, subdivision 1; or 617.23, subdivision 2; or any felony-level violation
of section 609.229; 609.377; 609.749; or 624.713.

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

Minnesota Statutes 2019 Supplement, section 245C.15, subdivision 1, is amended
to read:


Subdivision 1.

Permanent disqualification.

(a) An individual is disqualified under
section 245C.14 if: (1) regardless of how much time has passed since the discharge of the
sentence imposed, if any, for the offense; and (2) unless otherwise specified, regardless of
the level of the offense, the individual has committed any of the following offenses: sections
243.166 (violation of predatory offender registration law); 609.185 (murder in the first
degree); 609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.20
(manslaughter in the first degree); 609.205 (manslaughter in the second degree); a felony
offense under 609.221 or 609.222 (assault in the first or second degree); new text beginsection 609.2234
(assault by strangulation);
new text enda felony offense under sections 609.2242 and 609.2243 (domestic
assault), spousal abuse, child abuse or neglect, or a crime against children; deleted text begin609.2247
(domestic assault by strangulation);
deleted text end 609.228 (great bodily harm caused by distribution of
drugs); 609.245 (aggravated robbery); 609.25 (kidnapping); 609.2661 (murder of an unborn
child in the first degree); 609.2662 (murder of an unborn child in the second degree);
609.2663 (murder of an unborn child in the third degree); 609.322 (solicitation, inducement,
and promotion of prostitution); 609.324, subdivision 1 (other prohibited acts); 609.342
(criminal sexual conduct in the first degree); 609.343 (criminal sexual conduct in the second
degree); 609.344 (criminal sexual conduct in the third degree); 609.345 (criminal sexual
conduct in the fourth degree); 609.3451 (criminal sexual conduct in the fifth degree);
609.3453 (criminal sexual predatory conduct); 609.352 (solicitation of children to engage
in sexual conduct); 609.365 (incest); a felony offense under 609.377 (malicious punishment
of a child); a felony offense under 609.378 (neglect or endangerment of a child); 609.561
(arson in the first degree); 609.66, subdivision 1e (drive-by shooting); 609.749, subdivision
3
, 4, or 5 (felony-level harassment or stalking); 609.855, subdivision 5 (shooting at or in a
public transit vehicle or facility); 617.23, subdivision 2, clause (1), or subdivision 3, clause
(1) (indecent exposure involving a minor); 617.246 (use of minors in sexual performance
prohibited); 617.247 (possession of pictorial representations of minors); or, for a child care
background study subject, conviction of a crime that would make the individual ineligible
for employment under United States Code, title 42, section 9858f, except for a felony drug
conviction, regardless of whether a period of disqualification under subdivisions 2 to 4,
would apply if the individual were not a child care background study subject.

(b) An individual's aiding and abetting, attempt, or conspiracy to commit any of the
offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes,
permanently disqualifies the individual under section 245C.14.

(c) An individual's offense in any other state or country, where the elements of the offense
are substantially similar to any of the offenses listed in paragraph (a), permanently disqualifies
the individual under section 245C.14.

(d) When a disqualification is based on a judicial determination other than a conviction,
the disqualification period begins from the date of the court order. When a disqualification
is based on an admission, the disqualification period begins from the date of an admission
in court. When a disqualification is based on an Alford Plea, the disqualification period
begins from the date the Alford Plea is entered in court. When a disqualification is based
on a preponderance of evidence of a disqualifying act, the disqualification date begins from
the date of the dismissal, the date of discharge of the sentence imposed for a conviction for
a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.

(e) If the individual studied commits one of the offenses listed in paragraph (a) that is
specified as a felony-level only offense, but the sentence or level of offense is a gross
misdemeanor or misdemeanor, the individual is disqualified, but the disqualification
look-back period for the offense is the period applicable to gross misdemeanor or
misdemeanor offenses.

(f) A child care background study subject shall be disqualified if the individual is
registered, or required to be registered, on a state sex offender registry or repository or the
National Sex Offender Registry.

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2019 Supplement, section 518.179, subdivision 2, is amended
to read:


Subd. 2.

Applicable crimes.

This section applies to the following crimes or similar
crimes under the laws of the United States, or any other state:

(1) murder in the first, second, or third degree under section 609.185, 609.19, or 609.195;

(2) manslaughter in the first degree under section 609.20;

(3) assault in the first, second, or third degree under section 609.221, 609.222, or 609.223;

(4) kidnapping under section 609.25;

(5) depriving another of custodial or parental rights under section 609.26;

(6) soliciting, inducing, promoting, or receiving profit derived from prostitution involving
a minor under section 609.322;

(7) criminal sexual conduct in the first degree under section 609.342;

(8) criminal sexual conduct in the second degree under section 609.343;

(9) criminal sexual conduct in the third degree under section 609.344, subdivision 1,
paragraph (c), (f), or (g);

(10) solicitation of a child to engage in sexual conduct under section 609.352;

(11) incest under section 609.365;

(12) malicious punishment of a child under section 609.377;

(13) neglect of a child under section 609.378;

(14) terroristic threats under section 609.713;

(15) felony harassment under section 609.749, subdivision 4; or

(16) deleted text begindomesticdeleted text end assault by strangulation under section deleted text begin609.2247deleted text endnew text begin 609.2234new text end.

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

Minnesota Statutes 2019 Supplement, section 609.02, subdivision 16, is amended
to read:


Subd. 16.

Qualified domestic violence-related offense.

"Qualified domestic
violence-related offense" includes a violation of or an attempt to violate sections 518B.01,
subdivision 14
(violation of domestic abuse order for protection); 609.185 (first-degree
murder); 609.19 (second-degree murder); 609.221 (first-degree assault); 609.222
(second-degree assault); 609.223 (third-degree assault); 609.2231 (fourth-degree assault);new text begin
section 609.2234 (assault by strangulation);
new text end 609.224 (fifth-degree assault); 609.2242
(domestic assault); 609.2245 (female genital mutilation); deleted text begin609.2247 (domestic assault by
strangulation);
deleted text end 609.342 (first-degree criminal sexual conduct); 609.343 (second-degree
criminal sexual conduct); 609.344 (third-degree criminal sexual conduct); 609.345
(fourth-degree criminal sexual conduct); 609.377 (malicious punishment of a child); 609.713
(terroristic threats); 609.748, subdivision 6 (violation of harassment restraining order);
609.749 (harassment or stalking); 609.78, subdivision 2 (interference with an emergency
call); 617.261 (nonconsensual dissemination of private sexual images); and 629.75 (violation
of domestic abuse no contact order); and similar laws of other states, the United States, the
District of Columbia, tribal lands, and United States territories.

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

new text begin [609.2234] ASSAULT BY STRANGULATION.
new text end

new text begin (a) As used in this section, "strangulation" means intentionally impeding normal breathing
or circulation of the blood by applying pressure on the throat or neck or by blocking the
nose or mouth of another person.
new text end

new text begin (b) Unless a greater penalty is provided elsewhere, whoever assaults another by
strangulation is guilty of a felony and may be sentenced to imprisonment for not more than
three years or to payment of a fine of not more than $5,000, 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. 7.

Minnesota Statutes 2018, section 609.2242, subdivision 3, is amended to read:


Subd. 3.

Domestic assaults; firearms.

(a) When a person is convicted of a violation of
this section or section 609.221, 609.222, 609.223,new text begin 609.2234, ornew text end 609.224, deleted text beginor 609.2247,deleted text end the
court shall determine and make written findings on the record as to whether:

(1) the assault was committed against a family or household member, as defined in
section 518B.01, subdivision 2;

(2) the defendant owns or possesses a firearm; and

(3) the firearm was used in any way during the commission of the assault.

(b) If the court determines that the assault was of a family or household member, and
that the offender owns or possesses a firearm and used it in any way during the commission
of the assault, it shall order that the firearm be summarily forfeited under section 609.5316,
subdivision 3
.

(c) When a person is convicted of assaulting a family or household member and is
determined by the court to have used a firearm in any way during commission of the assault,
the court may order that the person is prohibited from possessing any type of firearm for
any period longer than three years or for the remainder of the person's life. A person who
violates this paragraph is guilty of a gross misdemeanor. At the time of the conviction, the
court shall inform the defendant for how long the defendant is prohibited from possessing
a firearm and that it is a gross misdemeanor to violate this paragraph. The failure of the
court to provide this information to a defendant does not affect the applicability of the
firearm possession prohibition or the gross misdemeanor penalty to that defendant.

(d) Except as otherwise provided in paragraph (c), when a person is convicted of a
violation of this section or section 609.224 and the court determines that the victim was a
family or household member, the court shall inform the defendant that the defendant is
prohibited from possessing a firearm for three years from the date of conviction and that it
is a gross misdemeanor offense to violate this prohibition. The failure of the court to provide
this information to a defendant does not affect the applicability of the firearm possession
prohibition or the gross misdemeanor penalty to that defendant.

(e) Except as otherwise provided in paragraph (c), a person is not entitled to possess a
pistol if the person has been convicted after August 1, 1992, or a firearm if a person has
been convicted on or after August 1, 2014, of domestic assault under this section or assault
in the fifth degree under section 609.224 and the assault victim was a family or household
member as defined in section 518B.01, subdivision 2, unless three years have elapsed from
the date of conviction and, during that time, the person has not been convicted of any other
violation of this section or section 609.224. Property rights may not be abated but access
may be restricted by the courts. A person who possesses a firearm in violation of this
paragraph is guilty of a gross misdemeanor.

(f) Except as otherwise provided in paragraphs (b) and (h), when a person is convicted
of a violation of this section or section 609.221, 609.222, 609.223,new text begin 609.2234, ornew text end 609.224deleted text begin,
or 609.2247
deleted text end and the court determines that the assault was against a family or household
member, the court shall order the defendant to transfer any firearms that the person possesses,
within three business days, to a federally licensed firearms dealer, a law enforcement agency,
or a third party who may lawfully receive them. The transfer may be permanent or temporary,
unless the court prohibits the person from possessing a firearm for the remainder of the
person's life under paragraph (c). A temporary firearm transfer only entitles the receiving
party to possess the firearm. A temporary transfer does not transfer ownership or title. A
defendant may not transfer firearms to a third party who resides with the defendant. If a
defendant makes a temporary transfer, a federally licensed firearms dealer or law enforcement
agency may charge the defendant a reasonable fee to store the person's firearms and may
establish policies for disposal of abandoned firearms, provided such policies require that
the person be notified by certified mail prior to disposal of abandoned firearms. For temporary
firearms transfers under this paragraph, a law enforcement agency, federally licensed firearms
dealer, or third party shall exercise due care to preserve the quality and function of the
transferred firearms and shall return the transferred firearms to the person upon request after
the expiration of the prohibiting time period imposed under this subdivision, provided the
person is not otherwise prohibited from possessing firearms under state or federal law. The
return of temporarily transferred firearms to a person shall comply with state and federal
law. If a defendant permanently transfers the defendant's firearms to a law enforcement
agency, the agency is not required to compensate the defendant and may charge the defendant
a reasonable processing fee. A law enforcement agency is not required to accept a person's
firearm under this paragraph. The court shall order that the person surrender all permits to
carry and purchase firearms to the sheriff.

(g) A defendant who is ordered to transfer firearms under paragraph (f) must file proof
of transfer as provided for in this paragraph. If the transfer is made to a third party, the third
party must sign an affidavit under oath before a notary public either acknowledging that
the defendant permanently transferred the defendant's firearms to the third party or agreeing
to temporarily store the defendant's firearms until such time as the defendant is legally
permitted to possess firearms. The affidavit shall indicate the serial number, make, and
model of all firearms transferred by the defendant to the third party. The third party shall
acknowledge in the affidavit that the third party may be held criminally and civilly
responsible under section 624.7144 if the defendant gains access to a transferred firearm
while the firearm is in the custody of the third party. If the transfer is to a law enforcement
agency or federally licensed firearms dealer, the law enforcement agency or federally
licensed firearms dealer shall provide proof of transfer to the defendant. The proof of transfer
must specify whether the firearms were permanently or temporarily transferred and include
the name of the defendant, date of transfer, and the serial number, make, and model of all
transferred firearms. The defendant shall provide the court with a signed and notarized
affidavit or proof of transfer as described in this section within two business days of the
firearms transfer. The court shall seal affidavits and proofs of transfer filed pursuant to this
paragraph.

(h) When a person is convicted of a violation of this section or section 609.221, 609.222,
609.223,new text begin 609.2234, ornew text end 609.224deleted text begin, or 609.2247deleted text end, and the court determines that the assault was
against a family or household member, the court shall determine by a preponderance of the
evidence if the person poses an imminent risk of causing another person substantial bodily
harm. Upon a finding of imminent risk, the court shall order that the local law enforcement
agency take immediate possession of all firearms in the person's possession. The local law
enforcement agency shall exercise due care to preserve the quality and function of the
defendant's firearms and shall return the firearms to the person upon request after the
expiration of the prohibiting time period, provided the person is not otherwise prohibited
from possessing firearms under state or federal law. The local law enforcement agency
shall, upon written notice from the person, transfer the firearms to a federally licensed
firearms dealer or a third party who may lawfully receive them. Before a local law
enforcement agency transfers a firearm under this paragraph, the agency shall require the
third party or federally licensed firearms dealer receiving the firearm to submit an affidavit
or proof of transfer that complies with the requirements for affidavits or proofs of transfer
established in paragraph (g). The agency shall file all affidavits or proofs of transfer received
with the court within two business days of the transfer. The court shall seal all affidavits or
proofs of transfer filed pursuant to this paragraph. A federally licensed firearms dealer or
third party who accepts a firearm transfer pursuant to this paragraph shall comply with
paragraphs (f) and (g) as if accepting transfer from the defendant. If the law enforcement
agency does not receive written notice from the defendant within three business days, the
agency may charge a reasonable fee to store the defendant's firearms. A law enforcement
agency may establish policies for disposal of abandoned firearms, provided such policies
require that the person be notified via certified mail prior to disposal of abandoned firearms.

new text begin EFFECTIVE DATE. new text end

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

Sec. 8.

Minnesota Statutes 2019 Supplement, section 611A.036, subdivision 7, is amended
to read:


Subd. 7.

Definition.

As used in this section, "violent crime" means a violation or attempt
to violate any of the following: section 609.185 (murder in the first degree); 609.19 (murder
in the second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in the
first degree); 609.205 (manslaughter in the second degree); 609.2112, 609.2113, or 609.2114
(criminal vehicular homicide or injury); 609.221 (assault in the first degree); 609.222 (assault
in the second degree); 609.223 (assault in the third degree); 609.2231 (assault in the fourth
degree);new text begin section 609.2234 (assault by strangulation);new text end 609.2241 (knowing transfer of
communicable disease); 609.2242 (domestic assault); 609.2245 (female genital mutilation);
deleted text begin 609.2247 (domestic assault by strangulation);deleted text end 609.228 (great bodily harm caused by
distribution of drugs); 609.23 (mistreatment of persons confined); 609.231 (mistreatment
of residents or patients); 609.2325 (criminal abuse); 609.233 (criminal neglect); 609.235
(use of drugs to injure or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated
robbery); 609.25 (kidnapping); 609.255 (false imprisonment); 609.265 (abduction); 609.2661
(murder of an unborn child in the first degree); 609.2662 (murder of an unborn child in the
second degree); 609.2663 (murder of an unborn child in the third degree); 609.2664
(manslaughter of an unborn child in the first degree); 609.2665 (manslaughter of an unborn
child in the second degree); 609.267 (assault of an unborn child in the first degree); 609.2671
(assault of an unborn child in the second degree); 609.2672 (assault of an unborn child in
the third degree); 609.268 (injury or death of an unborn child in commission of a crime);
609.282 (labor trafficking); 609.322 (solicitation, inducement, and promotion of prostitution;
sex trafficking); 609.342 (criminal sexual conduct in the first degree); 609.343 (criminal
sexual conduct in the second degree); 609.344 (criminal sexual conduct in the third degree);
609.345 (criminal sexual conduct in the fourth degree); 609.3451 (criminal sexual conduct
in the fifth degree); 609.3453 (criminal sexual predatory conduct); 609.352 (solicitation of
children to engage in sexual conduct); 609.377 (malicious punishment of a child); 609.378
(neglect or endangerment of a child); 609.561, subdivision 1 (arson in the first degree;
dwelling); 609.582, subdivision 1, paragraph (a) or (c) (burglary in the first degree; occupied
dwelling or involving an assault); 609.66, subdivision 1e, paragraph (b) (drive-by shooting;
firing at or toward a person, or an occupied building or motor vehicle); or 609.749,
subdivision 2
(harassment); 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.
new text end

Sec. 9.

Minnesota Statutes 2019 Supplement, section 624.712, subdivision 5, is amended
to read:


Subd. 5.

Crime of violence.

"Crime of violence" means: felony convictions of the
following offenses: sections 609.185 (murder in the first degree); 609.19 (murder in the
second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in the first
degree); 609.205 (manslaughter in the second degree); 609.215 (aiding suicide and aiding
attempted suicide); 609.221 (assault in the first degree); 609.222 (assault in the second
degree); 609.223 (assault in the third degree); 609.2231 (assault in the fourth degree); new text beginsection
609.2234 (assault by strangulation);
new text end609.224 (assault in the fifth degree); 609.2242 (domestic
assault); deleted text begin609.2247 (domestic assault by strangulation);deleted text end 609.229 (crimes committed for the
benefit of a gang); 609.235 (use of drugs to injure or facilitate crime); 609.24 (simple
robbery); 609.245 (aggravated robbery); 609.25 (kidnapping); 609.255 (false imprisonment);
609.322 (solicitation, inducement, and promotion of prostitution; sex trafficking); 609.342
(criminal sexual conduct in the first degree); 609.343 (criminal sexual conduct in the second
degree); 609.344 (criminal sexual conduct in the third degree); 609.345 (criminal sexual
conduct in the fourth degree); 609.377 (malicious punishment of a child); 609.378 (neglect
or endangerment of a child); 609.486 (commission of crime while wearing or possessing a
bullet-resistant vest); 609.52 (involving theft of a firearm and theft involving the theft of a
controlled substance, an explosive, or an incendiary device); 609.561 (arson in the first
degree); 609.562 (arson in the second degree); 609.582, subdivision 1 or 2 (burglary in the
first and second degrees); 609.66, subdivision 1e (drive-by shooting); 609.67 (unlawfully
owning, possessing, operating a machine gun or short-barreled shotgun); 609.71 (riot);
609.713 (terroristic threats); 609.749 (harassment); 609.855, subdivision 5 (shooting at a
public transit vehicle or facility); and chapter 152 (drugs, controlled substances); and an
attempt to commit any of these offenses.

new text begin EFFECTIVE DATE. new text end

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

Sec. 10.

Minnesota Statutes 2019 Supplement, section 631.52, subdivision 2, is amended
to read:


Subd. 2.

Application.

Subdivision 1 applies to the following crimes or similar crimes
under the laws of the United States or any other state:

(1) murder in the first, second, or third degree under section 609.185, 609.19, or 609.195;

(2) manslaughter in the first degree under section 609.20;

(3) assault in the first, second, or third degree under section 609.221, 609.222, or 609.223;

(4) kidnapping under section 609.25;

(5) depriving another of custodial or parental rights under section 609.26;

(6) soliciting, inducing, promoting, or receiving profit derived from prostitution involving
a minor under section 609.322;

(7) criminal sexual conduct in the first degree under section 609.342;

(8) criminal sexual conduct in the second degree under section 609.343;

(9) criminal sexual conduct in the third degree under section 609.344, subdivision 1,
paragraph (c), (f), or (g);

(10) solicitation of a child to engage in sexual conduct under section 609.352;

(11) incest under section 609.365;

(12) malicious punishment of a child under section 609.377;

(13) neglect of a child under section 609.378;

(14) terroristic threats under section 609.713;

(15) felony harassment or stalking under section 609.749; or

(16) deleted text begindomesticdeleted text end assault by strangulation under section deleted text begin609.2247deleted text endnew text begin 609.2234new text end.

new text begin EFFECTIVE DATE. new text end

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

Sec. 11. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2018, section 609.2247, 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.
new text end

APPENDIX

Repealed Minnesota Statutes: 20-6376

609.2247 DOMESTIC ASSAULT BY STRANGULATION.

Subdivision 1.

Definitions.

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

(b) "Family or household members" has the meaning given in section 518B.01, subdivision 2.

(c) "Strangulation" means intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person.

Subd. 2.

Crime.

Unless a greater penalty is provided elsewhere, whoever assaults a family or household member by strangulation is guilty of a felony and may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $5,000, or both.