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Office of the Revisor of Statutes

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

                            CHAPTER 441-S.F.No. 2830 
                  An act relating to crime; changing the penalty for 
                  assaulting a peace officer; providing that persons may 
                  be charged with escape from custody when they escape 
                  after lawful arrest but prior to the commencement of 
                  trial proceedings; amending Minnesota Statutes 1998, 
                  sections 609.2231, subdivision 1; and 609.485, 
                  subdivision 2; Minnesota Statutes 1999 Supplement, 
                  section 609.485, subdivision 4. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 609.2231, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PEACE OFFICERS.] Whoever physically 
        assaults a peace officer licensed under section 626.845, 
        subdivision 1, when that officer is effecting a lawful arrest or 
        executing any other duty imposed by law and inflicts 
        demonstrable bodily harm is guilty of a felony gross misdemeanor 
        and may be sentenced to imprisonment for not more than one year 
        or to payment of a fine of not more than $3,000, or both.  If 
        the assault inflicts demonstrable bodily harm, the person is 
        guilty of a felony and may be sentenced to imprisonment for not 
        more than two three years or to payment of a fine of not more 
        than $4,000 $6,000, or both. 
           Sec. 2.  Minnesota Statutes 1998, section 609.485, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ACTS PROHIBITED.] Whoever does any of the 
        following may be sentenced as provided in subdivision 4: 
           (1) escapes while held pursuant to a lawful arrest, in 
        lawful custody on a charge or conviction of a crime, or while 
        held in lawful custody on an allegation or adjudication of a 
        delinquent act; 
           (2) transfers to another, who is in lawful custody on a 
        charge or conviction of a crime, or introduces into an 
        institution in which the latter is confined, anything usable in 
        making such escape, with intent that it shall be so used; 
           (3) having another in lawful custody on a charge or 
        conviction of a crime, intentionally permits the other to 
        escape; 
           (4) escapes while in a facility designated under section 
        253B.18, subdivision 1, pursuant to a court commitment order 
        after a finding of not guilty by reason of mental illness or 
        mental deficiency of a crime against the person, as defined in 
        section 253B.02, subdivision 4a.  Notwithstanding section 
        609.17, no person may be charged with or convicted of an attempt 
        to commit a violation of this clause; or 
           (5) escapes while in a facility designated under section 
        253B.18, subdivision 1, pursuant to a court commitment order 
        under section 253B.185 or Minnesota Statutes 1992, section 
        526.10. 
           For purposes of clause (1), "escapes while held in lawful 
        custody" includes absconding from electronic monitoring or 
        absconding after removing an electronic monitoring device from 
        the person's body. 
           Sec. 3.  Minnesota Statutes 1999 Supplement, section 
        609.485, subdivision 4, is amended to read: 
           Subd. 4.  [SENTENCE.] (a) Except as otherwise provided in 
        subdivision 3a, whoever violates this section may be sentenced 
        as follows: 
           (1) if the person who escapes is in lawful custody on a 
        charge or conviction of for a felony, to imprisonment for not 
        more than five years or to payment of a fine of not more than 
        $10,000, or both; 
           (2) if the person who escapes is in lawful custody after a 
        finding of not guilty by reason of mental illness or mental 
        deficiency of a crime against the person, as defined in section 
        253B.02, subdivision 4a, or pursuant to a court commitment order 
        under section 253B.185 or Minnesota Statutes 1992, section 
        526.10, to imprisonment for not more than one year and one day 
        or to payment of a fine of not more than $3,000, or both; or 
           (3) if such charge or conviction is the person who escapes 
        is in lawful custody for a gross misdemeanor or misdemeanor, or 
        if the person who escapes is in lawful custody on an allegation 
        or adjudication of a delinquent act, to imprisonment for not 
        more than one year or to payment of a fine of not more than 
        $3,000, or both.  
           (b) If the escape was a violation of subdivision 2, clause 
        (1), (2), or (3), and was effected by violence or threat of 
        violence against a person, the sentence may be increased to not 
        more than twice those permitted in paragraph (a), clauses (1) 
        and (3). 
           (c) Unless a concurrent term is specified by the court, a 
        sentence under this section shall be consecutive to any sentence 
        previously imposed or which may be imposed for any crime or 
        offense for which the person was in custody when the person 
        escaped. 
           (d) Notwithstanding paragraph (c), if a person who was 
        committed to the commissioner of corrections under section 
        260B.198 escapes from the custody of the commissioner while 18 
        years of age, the person's sentence under this section shall 
        commence on the person's 19th birthday or on the person's date 
        of discharge by the commissioner of corrections, whichever 
        occurs first.  However, if the person described in this clause 
        is convicted under this section after becoming 19 years old and 
        after having been discharged by the commissioner, the person's 
        sentence shall commence upon imposition by the sentencing court. 
           (e) Notwithstanding paragraph (c), if a person who is in 
        lawful custody on an allegation or adjudication of a delinquent 
        act while 18 years of age escapes from a local juvenile 
        correctional facility, the person's sentence under this section 
        begins on the person's 19th birthday or on the person's date of 
        discharge from the jurisdiction of the juvenile court, whichever 
        occurs first.  However, if the person described in this 
        paragraph is convicted after becoming 19 years old and after 
        discharge from the jurisdiction of the juvenile court, the 
        person's sentence begins upon imposition by the sentencing court.
           Sec. 4.  [EFFECTIVE DATE.] 
           Sections 1 to 3 are effective the day following final 
        enactment, and apply to crimes committed on or after that date. 
           Presented to the governor April 20, 2000 
           Signed by the governor April 24, 2000, 1:50 p.m.