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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1987 

                        CHAPTER 220-H.F.No. 590 
           An act relating to crimes; sentencing; allowing the 
          extension of a stay of execution in misdemeanor cases 
          involving driving under the influence; amending 
          Minnesota Statutes 1986, section 609.135, subdivision 
          2. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 609.135, 
subdivision 2, is amended to read: 
    Subd. 2.  (1) In case If the conviction is for a felony 
such the stay shall be for not more than three years or the 
maximum period for which the sentence of imprisonment might have 
been imposed, whichever is longer. 
    (2) In case the conviction is for a misdemeanor the stay 
shall not be for more than one year. 
    (3) In case If the conviction is for a gross misdemeanor 
the stay shall not be for not more than two years. 
    (3) If the conviction is for a misdemeanor under section 
169.121, the stay shall be for not more than two years.  The 
court shall provide for unsupervised probation for the second 
year of the stay unless the court finds that the defendant needs 
supervised probation for all or part of the second year. 
    (4) If the conviction is for a misdemeanor not specified in 
clause (3), the stay shall be for not more than one year.  
    (5) At the expiration of such stay, unless the stay has 
been revoked or the defendant discharged prior thereto, The 
defendant shall be discharged when the stay expires, unless the 
stay has been revoked or the defendant has already been 
discharged. 
    Sec. 2.  [EFFECTIVE DATE.] 
    Section 1 is effective August 1, 1987, and applies to 
crimes committed on or after that date. 
    Approved May 26, 1987