1.1                          A bill for an act 
  1.2             relating to crimes; making it a crime of child 
  1.3             endangerment to manufacture controlled substances in 
  1.4             the presence of a child; modifying an exception to the 
  1.5             prohibition relating to the possession of pornographic 
  1.6             work involving minors; amending Minnesota Statutes 
  1.7             2002, sections 609.378, subdivision 1, by adding 
  1.8             subdivisions; 617.247, subdivision 5. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2002, section 609.378, 
  1.11  subdivision 1, is amended to read: 
  1.12     Subdivision 1.  [PERSONS GUILTY OF NEGLECT OR 
  1.13  ENDANGERMENT.] (a)  [NEGLECT.] (1) A parent, legal guardian, or 
  1.14  caretaker who willfully deprives a child of necessary food, 
  1.15  clothing, shelter, health care, or supervision appropriate to 
  1.16  the child's age, when the parent, guardian, or caretaker is 
  1.17  reasonably able to make the necessary provisions and the 
  1.18  deprivation harms or is likely to substantially harm the child's 
  1.19  physical, mental, or emotional health is guilty of neglect of a 
  1.20  child and may be sentenced to imprisonment for not more than one 
  1.21  year or to payment of a fine of not more than $3,000, or both.  
  1.22  If the deprivation results in substantial harm to the child's 
  1.23  physical, mental, or emotional health, the person may be 
  1.24  sentenced to imprisonment for not more than five years or to 
  1.25  payment of a fine of not more than $10,000, or both.  If a 
  1.26  parent, guardian, or caretaker responsible for the child's care 
  1.27  in good faith selects and depends upon spiritual means or prayer 
  2.1   for treatment or care of disease or remedial care of the child, 
  2.2   this treatment or care is "health care," for purposes of this 
  2.3   clause. 
  2.4      (2) A parent, legal guardian, or caretaker who knowingly 
  2.5   permits the continuing physical or sexual abuse of a child is 
  2.6   guilty of neglect of a child and may be sentenced to 
  2.7   imprisonment for not more than one year or to payment of a fine 
  2.8   of not more than $3,000, or both.  
  2.9      (b)  [ENDANGERMENT.] A parent, legal guardian, or caretaker 
  2.10  who endangers the child's person or health by: 
  2.11     (1) intentionally or recklessly causing or permitting a 
  2.12  child to be placed in a situation likely to substantially harm 
  2.13  the child's physical, mental, or emotional health or cause the 
  2.14  child's death; or 
  2.15     (2) knowingly causing or permitting the child to be present 
  2.16  where any person is selling, manufacturing, possessing immediate 
  2.17  precursors or chemical substances with intent to manufacture, or 
  2.18  possessing a controlled substance, as defined in section 152.01, 
  2.19  subdivision 4, in violation of section 152.021, 152.022, 
  2.20  152.023, or 152.024; is guilty of child endangerment and may be 
  2.21  sentenced to imprisonment for not more than one year or to 
  2.22  payment of a fine of not more than $3,000, or both.  
  2.23     If the endangerment results in substantial harm to the 
  2.24  child's physical, mental, or emotional health, the person may be 
  2.25  sentenced to imprisonment for not more than five years or to 
  2.26  payment of a fine of not more than $10,000, or both.  
  2.27     This paragraph does not prevent a parent, legal guardian, 
  2.28  or caretaker from causing or permitting a child to engage in 
  2.29  activities that are appropriate to the child's age, stage of 
  2.30  development, and experience, or from selecting health care as 
  2.31  defined in subdivision 1, paragraph (a). 
  2.32     (c) [ENDANGERMENT BY MANUFACTURING CONTROLLED 
  2.33  SUBSTANCES.] A person who manufactures or attempts to 
  2.34  manufacture a controlled substance knowing or having reason to 
  2.35  know that a child under 14 years of age is present in the 
  2.36  building in which the person engages in any manufacturing 
  3.1   activities is guilty of child endangerment and may be sentenced 
  3.2   to imprisonment for not more than five years or to payment of a 
  3.3   fine of not more than $10,000, or both.  To be guilty of an 
  3.4   offense under this paragraph, a person need not be a parent, 
  3.5   legal guardian, or caretaker of the child, nor is it necessary 
  3.6   to demonstrate substantial harm to the child's physical, mental, 
  3.7   or emotional health. 
  3.8      (d) [ENDANGERMENT BY FIREARM ACCESS.] A person who 
  3.9   intentionally or recklessly causes a child under 14 years of age 
  3.10  to be placed in a situation likely to substantially harm the 
  3.11  child's physical health or cause the child's death as a result 
  3.12  of the child's access to a loaded firearm is guilty of child 
  3.13  endangerment and may be sentenced to imprisonment for not more 
  3.14  than one year or to payment of a fine of not more than $3,000, 
  3.15  or both. 
  3.16     If the endangerment results in substantial harm to the 
  3.17  child's physical health, the person may be sentenced to 
  3.18  imprisonment for not more than five years or to payment of a 
  3.19  fine of not more than $10,000, or both. 
  3.20     Sec. 2.  Minnesota Statutes 2002, section 609.378, is 
  3.21  amended by adding a subdivision to read: 
  3.22     Subd. 3.  [MULTIPLE SENTENCES.] Notwithstanding sections 
  3.23  609.035 and 609.04, a prosecution for or conviction under this 
  3.24  section is not a bar to conviction of or punishment for any 
  3.25  other crime committed by the defendant as part of the same 
  3.26  conduct. 
  3.27     Sec. 3.  Minnesota Statutes 2002, section 609.378, is 
  3.28  amended by adding a subdivision to read: 
  3.29     Subd. 4.  [CONSECUTIVE SENTENCES.] Notwithstanding any 
  3.30  provision of the sentencing guidelines, the court may provide 
  3.31  that a sentence imposed for a violation of this section shall 
  3.32  run consecutively to any sentence imposed for the intended 
  3.33  criminal act.  A decision of the court to impose consecutive 
  3.34  sentences under this subdivision is not a departure from the 
  3.35  sentencing guidelines. 
  3.36     Sec. 4.  Minnesota Statutes 2002, section 617.247, 
  4.1   subdivision 5, is amended to read: 
  4.2      Subd. 5.  [EXCEPTION.] This section does not apply to the 
  4.3   performance of official duties by ~~peace officers~~ law enforcement 
  4.4   agencies, court personnel, or attorneys, nor to licensed 
  4.5   physicians, psychologists, or social workers or persons acting 
  4.6   at the direction of a licensed physician, psychologist, or 
  4.7   social worker in the course of a bona fide treatment or 
  4.8   professional education program. 
  4.9      Sec. 5.  [EFFECTIVE DATE.] 
  4.10     Sections 1 to 4 are effective August 1, 2003, and apply to 
  4.11  crimes committed on or after that date.