SF 2391

as introduced - 90th Legislature (2017 - 2018) Posted on 04/30/2018 01:00pm

A bill for an act
relating to public safety; expanding the crime of first degree murder to include
felony-level assaults that cause the death of a minor; imposing criminal penalties;
amending Minnesota Statutes 2016, section 609.185.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 609.185, is amended to read:

609.185 MURDER IN THE FIRST DEGREE.

(a) Whoever does any of the following is guilty of murder in the first degree and shall
be sentenced to imprisonment for life:

(1) causes the death of a human being with premeditation and with intent to effect the
death of the person or of another;

(2) causes the death of a human being while committing or attempting to commit criminal
sexual conduct in the first or second degree with force or violence, either upon or affecting
the person or another;

(3) causes the death of a human being with intent to effect the death of the person or
another, while committing or attempting to commit burglary, aggravated robbery, kidnapping,
arson in the first or second degree, a drive-by shooting, tampering with a witness in the first
degree, escape from custody, or any felony violation of chapter 152 involving the unlawful
sale of a controlled substance;

(4) causes the death of a peace officer, prosecuting attorney, judge, or a guard employed
at a Minnesota state or local correctional facility, with intent to effect the death of that person
or another, while the person is engaged in the performance of official duties;

(5) causes the death of a minor new text begin : (i) new text end while committing child abuse, when the perpetrator
has engaged in a past pattern of child abuse upon a child and the death occurs under
circumstances manifesting an extreme indifference to human life new text begin ; or (ii) while committing
a felony-level violation of section 609.221, 609.222, 609.223, 609.2231, 609.224, or
609.2242 new text end ;

(6) causes the death of a human being while committing domestic abuse, when the
perpetrator has engaged in a past pattern of domestic abuse upon the victim or upon another
family or household member and the death occurs under circumstances manifesting an
extreme indifference to human life; or

(7) causes the death of a human being while committing, conspiring to commit, or
attempting to commit a felony crime to further terrorism and the death occurs under
circumstances manifesting an extreme indifference to human life.

(b) For the purposes of paragraph (a), clause (4), "prosecuting attorney" has the meaning
given in section 609.221, subdivision 2, paragraph (c), clause (4).

(c) For the purposes of paragraph (a), clause (4), "judge" has the meaning given in section
609.221, subdivision 2, paragraph (c), clause (5).

(d) For purposes of paragraph (a), clause (5), "child abuse" means an act committed
against a minor victim that constitutes a violation of the following laws of this state or any
similar laws of the United States or any other state: section 609.221; 609.222; 609.223;
609.224; 609.2242; 609.342; 609.343; 609.344; 609.345; 609.377; 609.378; or 609.713.

(e) For purposes of paragraph (a), clause (6), "domestic abuse" means an act that:

(1) constitutes a violation of section 609.221, 609.222, 609.223, 609.224, 609.2242,
609.342, 609.343, 609.344, 609.345, 609.713, or any similar laws of the United States or
any other state; and

(2) is committed against the victim who is a family or household member as defined in
section 518B.01, subdivision 2, paragraph (b).

(f) For purposes of paragraph (a), clause (7), "further terrorism" has the meaning given
in section 609.714, subdivision 1.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017, and applies to crimes
committed on or after that date.
new text end