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Office of the Revisor of Statutes

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

                            CHAPTER 184-S.F.No. 2387 
                  An act relating to crimes; treating probation officers 
                  the same as correctional employees for purposes of 
                  certain assaults; amending Minnesota Statutes 2002, 
                  section 609.2231, subdivision 1; Minnesota Statutes 
                  2003 Supplement, section 609.2231, subdivision 3. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, 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 is guilty of a 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 or 
        the person intentionally throws or otherwise transfers bodily 
        fluids or feces at or onto the officer, the person 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 $6,000, or 
        both. 
           [EFFECTIVE DATE.] This section is effective August 1, 2004, 
        and applies to crimes committed on or after that date. 
           Sec. 2.  Minnesota Statutes 2003 Supplement, section 
        609.2231, subdivision 3, is amended to read: 
           Subd. 3.  [CORRECTIONAL EMPLOYEES; PROBATION OFFICERS.] 
        Whoever commits either of the following acts against an employee 
        of a correctional facility as defined in section 241.021, 
        subdivision 1, paragraph (f), or against a probation officer or 
        other qualified person employed in supervising offenders while 
        the employee, officer, or person is engaged in the performance 
        of a duty imposed by law, policy, or rule is guilty of a felony 
        and may be sentenced to imprisonment for not more than two years 
        or to payment of a fine of not more than $4,000, or both: 
           (1) assaults the employee and inflicts demonstrable bodily 
        harm; or 
           (2) intentionally throws or otherwise transfers bodily 
        fluids or feces at or onto the employee. 
           [EFFECTIVE DATE.] This section is effective August 1, 2004, 
        and applies to crimes committed on or after that date. 
           Presented to the governor May 7, 2004 
           Signed by the governor May 10, 2004, 8:45 p.m.