as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
|Introduction||Posted on 02/25/2002|
1.1 A bill for an act 1.2 relating to crimes; requiring a ten-year conditional 1.3 release period when a person has a previous sex 1.4 offense conviction regardless of the state in which it 1.5 occurred; making it a ten-year felony when a person 1.6 commits certain prohibited acts when the act is 1.7 committed with sexual or aggressive intent; defining 1.8 aggravated harassing conduct to include acts of 1.9 criminal sexual conduct as predicate offenses for a 1.10 pattern of harassing conduct; prescribing penalties; 1.11 amending Minnesota Statutes 2000, sections 609.109, 1.12 subdivision 7; 609.749, subdivision 3; Minnesota 1.13 Statutes 2001 Supplement, section 609.749, 1.14 subdivisions 4, 5. 1.15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.16 Section 1. Minnesota Statutes 2000, section 609.109, 1.17 subdivision 7, is amended to read: 1.18 Subd. 7. [CONDITIONAL RELEASE OF SEX OFFENDERS.] (a) 1.19 Notwithstanding the statutory maximum sentence otherwise 1.20 applicable to the offense or any provision of the sentencing 1.21 guidelines, when a court sentences a person to prison for a 1.22 violation of section 609.342, 609.343, 609.344, or 609.345, the 1.23 court shall provide that after the person has completed the 1.24 sentence imposed, the commissioner of corrections shall place 1.25 the person on conditional release. If the person was convicted 1.26 for a violation of section 609.342, 609.343, 609.344, or 1.27 609.345, the person shall be placed on conditional release for 1.28 five years, minus the time the person served on supervised 1.29 release. If the person was convicted for a violation of one of 1.30 those sections
a second or subsequent timeafter a previous sex 2.1 offense conviction as defined in subdivision 5, or sentenced 2.2 under subdivision 6 to a mandatory departure, the person shall 2.3 be placed on conditional release for ten years, minus the time 2.4 the person served on supervised release. 2.5 (b) The conditions of release may include successful 2.6 completion of treatment and aftercare in a program approved by 2.7 the commissioner, satisfaction of the release conditions 2.8 specified in section 244.05, subdivision 6, and any other 2.9 conditions the commissioner considers appropriate. If the 2.10 offender fails to meet any condition of release, the 2.11 commissioner may revoke the offender's conditional release and 2.12 order that the offender serve the remaining portion of the 2.13 conditional release term in prison. The commissioner shall not 2.14 dismiss the offender from supervision before the conditional 2.15 release term expires. 2.16 Conditional release under this subdivision is governed by 2.17 provisions relating to supervised release, except as otherwise 2.18 provided in this subdivision, section 244.04, subdivision 1, or 2.19 244.05. 2.20 (c) The commissioner shall pay the cost of treatment of a 2.21 person released under this subdivision. This section does not 2.22 require the commissioner to accept or retain an offender in a 2.23 treatment program. 2.24 Sec. 2. Minnesota Statutes 2000, section 609.749, 2.25 subdivision 3, is amended to read: 2.26 Subd. 3. [AGGRAVATED VIOLATIONS.] (a) A person who commits 2.27 any of the following acts is guilty of a felony and may be 2.28 sentenced to imprisonment for not more than five years or to 2.29 payment of a fine of not more than $10,000, or both: 2.30 (1) commits any offense described in subdivision 2 because 2.31 of the victim's or another's actual or perceived race, color, 2.32 religion, sex, sexual orientation, disability as defined in 2.33 section 363.01, age, or national origin; 2.34 (2) commits any offense described in subdivision 2 by 2.35 falsely impersonating another; 2.36 (3) commits any offense described in subdivision 2 and 3.1 possesses a dangerous weapon at the time of the offense; 3.2 (4) harasses another, as defined in subdivision 1, with 3.3 intent to influence or otherwise tamper with a juror or a 3.4 judicial proceeding or with intent to retaliate against a 3.5 judicial officer, as defined in section 609.415, or a 3.6 prosecutor, defense attorney, or officer of the court, because 3.7 of that person's performance of official duties in connection 3.8 with a judicial proceeding; or 3.9 (5) commits any offense described in subdivision 2 against 3.10 a victim under the age of 18, if the actor is more than 36 3.11 months older than the victim. 3.12 (b) A person who commits any offense described in 3.13 subdivision 2 against a victim under the age of 18, if the actor 3.14 is more than 36 months older than the victim, and the act is 3.15 committed with sexual or aggressive intent, is guilty of a 3.16 felony and may be sentenced to imprisonment for not more than 3.17 ten years or to payment of a fine of not more than $20,000, or 3.18 both. 3.19 Sec. 3. Minnesota Statutes 2001 Supplement, section 3.20 609.749, subdivision 4, is amended to read: 3.21 Subd. 4. [SECOND OR SUBSEQUENT VIOLATIONS; FELONY.] (a) A 3.22 person is guilty of a felony who violates any provision of 3.23 subdivision 2 during the time period between a previous 3.24 qualified domestic violence-related offense conviction or 3.25 adjudication of delinquency and the end of the ten years 3.26 following discharge from sentence or disposition for that 3.27 offense. 3.28 (b) a person is guilty of a felony who violates any 3.29 provision of subdivision 2 a third or subsequent time during the 3.30 time period between the first of two or more previous qualified 3.31 domestic violence-related offense convictions or adjudications 3.32 of delinquency and the end of ten years following discharge from 3.33 sentence or disposition for that offense, and may be sentenced 3.34 to imprisonment for not more than ten years or to payment of a 3.35 fine of not more than $20,000, or both. 3.36 Sec. 4. Minnesota Statutes 2001 Supplement, section 4.1 609.749, subdivision 5, is amended to read: 4.2 Subd. 5. [PATTERN OF HARASSING CONDUCT.] (a) A person who 4.3 engages in a pattern of harassing conduct with respect to a 4.4 single victim or one or more members of a single household which 4.5 the actor knows or has reason to know would cause the victim 4.6 under the circumstances to feel terrorized or to fear bodily 4.7 harm and which does cause this reaction on the part of the 4.8 victim, is guilty of a felony and may be sentenced to 4.9 imprisonment for not more than ten years or to payment of a fine 4.10 of not more than $20,000, or both. 4.11 (b) For purposes of this subdivision, a "pattern of 4.12 harassing conduct" means two or more acts within a five-year 4.13 period that violate or attempt to violate the provisions of any 4.14 of the following or a similar law of another state, the United 4.15 States, the District of Columbia, tribal lands, or United States 4.16 territories: 4.17 (1) this section; 4.18 (2) section 609.713; 4.19 (3) section 609.224; 4.20 (4) section 609.2242; 4.21 (5) section 518B.01, subdivision 14; 4.22 (6) section 609.748, subdivision 6; 4.23 (7) section 609.605, subdivision 1, paragraph (b), clauses 4.24 (3), (4), and (7); 4.25 (8) section 609.79; 4.26 (9) section 609.795; 4.27 (10) section 609.582; 4.28 (11) section 609.595; or4.29 (12) section 609.765; or 4.30 (13) sections 609.342 to 609.3451. 4.31 (c) When acts constituting a violation of this subdivision 4.32 are committed in two or more counties, the accused may be 4.33 prosecuted in any county in which one of the acts was committed 4.34 for all acts constituting the pattern. 4.35 Sec. 5. [EFFECTIVE DATE.] 4.36 Sections 1 to 4 are effective August 1, 2002, and apply to 5.1 crimes committed on or after that date.