1.1 	A bill for an act
1.2 	relating to crimes; making it a crime for a gang
1.3 	member to commit a crime against a child; imposing
1.4 	criminal penalties; amending Minnesota Statutes 2004,
1.5 	section 609.229, subdivision 3, and by adding a
1.6 	subdivision.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2004, section 609.229,
1.9 	subdivision 3, is amended to read:
1.10 		Subd. 3.Penalty.  (a) If the crime committed in
1.11 	violation of subdivision 2 or 5 is a felony, the statutory
1.12 	maximum for the crime is five years longer than the statutory
1.13 	maximum for the underlying crime.
1.14 	(b) If the crime committed in violation of subdivision 2 or
1.15 	5 is a misdemeanor, the person is guilty of a gross misdemeanor.
1.16 	(c) If the crime committed in violation of subdivision 2 or
1.17 	5 is a gross misdemeanor, the person is guilty of a felony and
1.18 	may be sentenced to imprisonment for not more than three years
1.19 	or to payment of a fine of not more than $15,000, or both.

1.20 	Sec. 2. Minnesota Statutes 2004, section 609.229, is
1.21 	amended by adding a subdivision to read:
1.22 		Subd. 5.Gang member; crime against a child. (a) For
1.23 	purposes of this subdivision, "child" means an individual under
1.24 	18 years of age.
1.25 	(b) A person who is a member of a gang who commits a crime
1.26 	against a child is guilty of a crime and may be sentenced as
2.1 	provided in subdivision 3.

2.2 	Sec. 3. EFFECTIVE DATE.
 2.3 	Sections 1 and 2 are effective August 1, 2005, and apply to
2.4 	crimes committed on or after that date.