1.1                          A bill for an act 
  1.2             relating to crime; changing the penalty for assaulting 
  1.3             a peace officer; providing that persons may be charged 
  1.4             with escape from custody when they escape after lawful 
  1.5             arrest but prior to the commencement of trial 
  1.6             proceedings; amending Minnesota Statutes 1998, 
  1.7             sections 609.2231, subdivision 1; and 609.485, 
  1.8             subdivision 2; Minnesota Statutes 1999 Supplement, 
  1.9             section 609.485, subdivision 4. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1998, section 609.2231, 
  1.12  subdivision 1, is amended to read: 
  1.13     Subdivision 1.  [PEACE OFFICERS.] Whoever physically 
  1.14  assaults a peace officer licensed under section 626.845, 
  1.15  subdivision 1, when that officer is effecting a lawful arrest or 
  1.16  executing any other duty imposed by law ~~and inflicts~~ 
  1.17  ~~demonstrable bodily harm~~ is guilty of a ~~felony~~ gross misdemeanor 
  1.18  and may be sentenced to imprisonment for not more than one year 
  1.19  or to payment of a fine of not more than $3,000, or both.  If 
  1.20  the assault inflicts demonstrable bodily harm, the person is 
  1.21  guilty of a felony and may be sentenced to imprisonment for not 
  1.22  more than ~~two~~ three years or to payment of a fine of not more 
  1.23  than ~~$4,000~~ $6,000, or both. 
  1.24     Sec. 2.  Minnesota Statutes 1998, section 609.485, 
  1.25  subdivision 2, is amended to read: 
  1.26     Subd. 2.  [ACTS PROHIBITED.] Whoever does any of the 
  1.27  following may be sentenced as provided in subdivision 4: 
  2.1      (1) escapes while held pursuant to a lawful arrest, in 
  2.2   lawful custody on a charge or conviction of a crime, or while 
  2.3   held in lawful custody on an allegation or adjudication of a 
  2.4   delinquent act; 
  2.5      (2) transfers to another, who is in lawful custody on a 
  2.6   charge or conviction of a crime, or introduces into an 
  2.7   institution in which the latter is confined, anything usable in 
  2.8   making such escape, with intent that it shall be so used; 
  2.9      (3) having another in lawful custody on a charge or 
  2.10  conviction of a crime, intentionally permits the other to 
  2.11  escape; 
  2.12     (4) escapes while in a facility designated under section 
  2.13  253B.18, subdivision 1, pursuant to a court commitment order 
  2.14  after a finding of not guilty by reason of mental illness or 
  2.15  mental deficiency of a crime against the person, as defined in 
  2.16  section 253B.02, subdivision 4a.  Notwithstanding section 
  2.17  609.17, no person may be charged with or convicted of an attempt 
  2.18  to commit a violation of this clause; or 
  2.19     (5) escapes while in a facility designated under section 
  2.20  253B.18, subdivision 1, pursuant to a court commitment order 
  2.21  under section 253B.185 or Minnesota Statutes 1992, section 
  2.22  526.10. 
  2.23     For purposes of clause (1), "escapes while held in lawful 
  2.24  custody" includes absconding from electronic monitoring or 
  2.25  absconding after removing an electronic monitoring device from 
  2.26  the person's body. 
  2.27     Sec. 3.  Minnesota Statutes 1999 Supplement, section 
  2.28  609.485, subdivision 4, is amended to read: 
  2.29     Subd. 4.  [SENTENCE.] (a) Except as otherwise provided in 
  2.30  subdivision 3a, whoever violates this section may be sentenced 
  2.31  as follows: 
  2.32     (1) if the person who escapes is in lawful custody ~~on a~~ 
  2.33  ~~charge or conviction of~~ for a felony, to imprisonment for not 
  2.34  more than five years or to payment of a fine of not more than 
  2.35  $10,000, or both; 
  2.36     (2) if the person who escapes is in lawful custody after a 
  3.1   finding of not guilty by reason of mental illness or mental 
  3.2   deficiency of a crime against the person, as defined in section 
  3.3   253B.02, subdivision 4a, or pursuant to a court commitment order 
  3.4   under section 253B.185 or Minnesota Statutes 1992, section 
  3.5   526.10, to imprisonment for not more than one year and one day 
  3.6   or to payment of a fine of not more than $3,000, or both; or 
  3.7      (3) if ~~such charge or conviction is~~ the person who escapes 
  3.8   is in lawful custody for a gross misdemeanor or misdemeanor, or 
  3.9   if the person who escapes is in lawful custody on an allegation 
  3.10  or adjudication of a delinquent act, to imprisonment for not 
  3.11  more than one year or to payment of a fine of not more than 
  3.12  $3,000, or both.  
  3.13     (b) If the escape was a violation of subdivision 2, clause 
  3.14  (1), (2), or (3), and was effected by violence or threat of 
  3.15  violence against a person, the sentence may be increased to not 
  3.16  more than twice those permitted in paragraph (a), clauses (1) 
  3.17  and (3). 
  3.18     (c) Unless a concurrent term is specified by the court, a 
  3.19  sentence under this section shall be consecutive to any sentence 
  3.20  previously imposed or which may be imposed for any crime or 
  3.21  offense for which the person was in custody when the person 
  3.22  escaped. 
  3.23     (d) Notwithstanding paragraph (c), if a person who was 
  3.24  committed to the commissioner of corrections under section 
  3.25  260B.198 escapes from the custody of the commissioner while 18 
  3.26  years of age, the person's sentence under this section shall 
  3.27  commence on the person's 19th birthday or on the person's date 
  3.28  of discharge by the commissioner of corrections, whichever 
  3.29  occurs first.  However, if the person described in this clause 
  3.30  is convicted under this section after becoming 19 years old and 
  3.31  after having been discharged by the commissioner, the person's 
  3.32  sentence shall commence upon imposition by the sentencing court. 
  3.33     (e) Notwithstanding paragraph (c), if a person who is in 
  3.34  lawful custody on an allegation or adjudication of a delinquent 
  3.35  act while 18 years of age escapes from a local juvenile 
  3.36  correctional facility, the person's sentence under this section 
  4.1   begins on the person's 19th birthday or on the person's date of 
  4.2   discharge from the jurisdiction of the juvenile court, whichever 
  4.3   occurs first.  However, if the person described in this 
  4.4   paragraph is convicted after becoming 19 years old and after 
  4.5   discharge from the jurisdiction of the juvenile court, the 
  4.6   person's sentence begins upon imposition by the sentencing court.
  4.7      Sec. 4.  [EFFECTIVE DATE.] 
  4.8      Sections 1 to 3 are effective the day following final 
  4.9   enactment, and apply to crimes committed on or after that date.