1.1 	A bill for an act
1.2 	relating to crimes; expanding definition of secured treatment facility for purposes 
1.3 	of fourth degree assault to include locked psychiatric hospitals;amending 
1.4 	Minnesota Statutes 2008, section 609.2231, subdivision 3a.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2008, section 609.2231, subdivision 3a, is amended to 
1.7 	read:
1.8 		Subd. 3a.Secure treatment facility personnel. (a) As used in this subdivision, 
1.9 	"secure treatment facility" ~~has~~ includes the meaning given in section 253B.02, subdivision 
1.10 	18a, and also includes all locked psychiatric hospitals.
1.11 	(b) Whoever, while committed under section 253B.185 or Minnesota Statutes 
1.12 	1992, section 526.10, commits either of the following acts against an employee or other 
1.13 	individual who provides care or treatment at a secure treatment facility while the person is 
1.14 	engaged in the performance of a duty imposed by law, policy, or rule is guilty of a felony 
1.15 	and may be sentenced to imprisonment for not more than two years or to payment of 
1.16 	a fine of not more than $4,000, or both:
1.17 	(1) assaults the person and inflicts demonstrable bodily harm; or
1.18 	(2) intentionally throws or otherwise transfers bodily fluids or feces at or onto the 
1.19 	person.
1.20 	(c) The court shall commit a person convicted of violating paragraph (b) to the 
1.21 	custody of the commissioner of corrections for not less than one year and one day. The 
1.22 	court may not, on its own motion or the prosecutor's motion, sentence a person without 
1.23 	regard to this paragraph. A person convicted and sentenced as required by this paragraph 
1.24 	is not eligible for probation, parole, discharge, work release, or supervised release, until 
2.1 	that person has served the full term of imprisonment as provided by law, notwithstanding 
2.2 	the provisions of sections 241.26, 242.19, 243.05, 244.04, 609.12, and 609.135.
2.3 	(d) Notwithstanding the statutory maximum sentence provided in paragraph (b), 
2.4 	when a court sentences a person to the custody of the commissioner of corrections for a 
2.5 	violation of paragraph (b), the court shall provide that after the person has completed the 
2.6 	sentence imposed, the commissioner shall place the person on conditional release for five 
2.7 	years. The terms of conditional release are governed by sections 244.05 and 609.3455, 
2.8 	subdivision 6, 7, or 8; and Minnesota Statutes 2004, section 609.109.

2.9 	EFFECTIVE DATE. This section is effective August 1, 2009, and applies to 
2.10 	offenses committed on or after that date.