Bill Text: MN HF1226 | 2013-2014 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Prosecuting attorney or judge assault or death; enhanced penalties provided.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2014-05-21 - Secretary of State Chapter 302 [HF1226 Detail]
Download: Minnesota-2013-HF1226-Introduced.html
Bill Title: Prosecuting attorney or judge assault or death; enhanced penalties provided.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2014-05-21 - Secretary of State Chapter 302 [HF1226 Detail]
Download: Minnesota-2013-HF1226-Introduced.html
1.2relating to public safety; providing enhanced penalties for causing the death of or
1.3assaulting a prosecuting attorney;amending Minnesota Statutes 2012, sections 609.185; 609.221, subdivision 2; 609.2231, subdivision 3.1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 609.185, is amended to read:
1.7609.185 MURDER IN THE FIRST DEGREE.
1.8(a) Whoever does any of the following is guilty of murder in the first degree and
1.9shall be sentenced to imprisonment for life:
1.10(1) causes the death of a human being with premeditation and with intent to effect
1.11the death of the person or of another;
1.12(2) causes the death of a human being while committing or attempting to commit
1.13criminal sexual conduct in the first or second degree with force or violence, either upon or
1.14affecting the person or another;
1.15(3) causes the death of a human being with intent to effect the death of the person
1.16or another, while committing or attempting to commit burglary, aggravated robbery,
1.17kidnapping, arson in the first or second degree, a drive-by shooting, tampering with a
1.18witness in the first degree, escape from custody, or any felony violation of chapter 152
1.19involving the unlawful sale of a controlled substance;
1.20(4) causes the death of a peace officer, prosecuting attorney, ora guard employed
1.21at a Minnesota state or local correctional facility, with intent to effect the death of that
1.22person or another, while the peace officer, prosecuting attorney, or guard is engaged in
1.23the performance of official duties;
2.1(5) causes the death of a minor while committing child abuse, when the perpetrator
2.2has engaged in a past pattern of child abuse upon a child and the death occurs under
2.3circumstances manifesting an extreme indifference to human life;
2.4(6) causes the death of a human being while committing domestic abuse, when
2.5the perpetrator has engaged in a past pattern of domestic abuse upon the victim or
2.6upon another family or household member and the death occurs under circumstances
2.7manifesting an extreme indifference to human life; or
2.8(7) causes the death of a human being while committing, conspiring to commit, or
2.9attempting to commit a felony crime to further terrorism and the death occurs under
2.10circumstances manifesting an extreme indifference to human life.
2.11(b) For the purposes of paragraph (a), clause (4), "prosecuting attorney" has the
2.12meaning given in section 609.221, subdivision 2, paragraph (c), clause (4).
2.13(b) (c) For purposes of paragraph (a), clause (5), "child abuse" means an act
2.14committed against a minor victim that constitutes a violation of the following laws of this
2.15state or any similar laws of the United States or any other state: section609.221 ;
609.222 ;
2.16609.223
;
609.224 ;
609.2242 ;
609.342 ;
609.343 ;
609.344 ;
609.345 ;
609.377 ;
609.378 ; or
2.17609.713
.
2.18(c) (d) For purposes of paragraph (a), clause (6), "domestic abuse" means an act that:
2.19(1) constitutes a violation of section609.221 ,
609.222 ,
609.223 ,
609.224 ,
609.2242 ,
2.20609.342
,
609.343 ,
609.344 ,
609.345 ,
609.713 , or any similar laws of the United States or
2.21any other state; and
2.22(2) is committed against the victim who is a family or household member as defined
2.23in section518B.01, subdivision 2 , paragraph (b).
2.24(d) (e) For purposes of paragraph (a), clause (7), "further terrorism" has the meaning
2.25given in section609.714, subdivision 1 .
2.26EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
2.27committed on or after that date.
2.28 Sec. 2. Minnesota Statutes 2012, section 609.221, subdivision 2, is amended to read:
2.29 Subd. 2. Use of deadly force against peace officer, prosecuting attorney, or
2.30correctional employee. (a) Whoever assaults a peace officer, prosecuting attorney, or
2.31correctional employee by using or attempting to use deadly force against the officer,
2.32attorney, or employee while the officer, attorney, or employee is engaged in the
2.33performance of a duty imposed by law, policy, or rule may be sentenced to imprisonment
2.34for not more than 20 years or to payment of a fine of not more than $30,000, or both.
3.1(b) A person convicted of assaulting a peace officer, prosecuting attorney,
3.2 or correctional employee as described in paragraph (a) shall be committed to the
3.3commissioner of corrections for not less than ten years, nor more than 20 years. A
3.4defendant convicted and sentenced as required by this paragraph is not eligible for
3.5probation, parole, discharge, work release, or supervised release, until that person has
3.6served the full term of imprisonment as provided by law, notwithstanding the provisions
3.7of sections241.26 ,
242.19 ,
243.05 ,
244.04 ,
609.12 , and
609.135 . Notwithstanding section
3.8609.135
, the court may not stay the imposition or execution of this sentence.
3.9(c) As used in this subdivision:
3.10(1) "correctional employee" means an employee of a public or private prison, jail,
3.11or workhouse;
3.12(2) "deadly force" has the meaning given in section609.066, subdivision 1 ; and
3.13(3) "peace officer" has the meaning given in section626.84, subdivision 1 ; and
3.14(4) "prosecuting attorney" means an attorney, with criminal prosecution or civil
3.15responsibilities, who is the United States Attorney for the District of Minnesota, the
3.16attorney general, a political subdivision's elected or appointed county or city attorney, or a
3.17deputy, assistant, or special assistant of any of these.
3.18EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
3.19committed on or after that date.
3.20 Sec. 3. Minnesota Statutes 2012, section 609.2231, subdivision 3, is amended to read:
3.21 Subd. 3. Correctional employees; prosecuting attorneys; probation officers.
3.22Whoever commits either of the following acts against an employee of a correctional
3.23facility as defined in section241.021, subdivision 1 , paragraph (f), against a prosecuting
3.24attorney as defined in section 609.221, subdivision 2, paragraph (c), clause (4), or against
3.25a probation officer or other qualified person employed in supervising offenders while the
3.26employee, attorney, officer, or person is engaged in the performance of a duty imposed by
3.27law, policy, or rule is guilty of a felony and may be sentenced to imprisonment for not
3.28more than two years or to payment of a fine of not more than $4,000, or both:
3.29(1) assaults the employee and inflicts demonstrable bodily harm; or
3.30(2) intentionally throws or otherwise transfers bodily fluids or feces at or onto the
3.31employee.
3.32EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
3.33committed on or after that date.
1.3assaulting a prosecuting attorney;amending Minnesota Statutes 2012, sections 609.185; 609.221, subdivision 2; 609.2231, subdivision 3.1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 609.185, is amended to read:
1.7609.185 MURDER IN THE FIRST DEGREE.
1.8(a) Whoever does any of the following is guilty of murder in the first degree and
1.9shall be sentenced to imprisonment for life:
1.10(1) causes the death of a human being with premeditation and with intent to effect
1.11the death of the person or of another;
1.12(2) causes the death of a human being while committing or attempting to commit
1.13criminal sexual conduct in the first or second degree with force or violence, either upon or
1.14affecting the person or another;
1.15(3) causes the death of a human being with intent to effect the death of the person
1.16or another, while committing or attempting to commit burglary, aggravated robbery,
1.17kidnapping, arson in the first or second degree, a drive-by shooting, tampering with a
1.18witness in the first degree, escape from custody, or any felony violation of chapter 152
1.19involving the unlawful sale of a controlled substance;
1.20(4) causes the death of a peace officer, prosecuting attorney, or
1.21at a Minnesota state or local correctional facility, with intent to effect the death of that
1.22person or another, while the peace officer, prosecuting attorney, or guard is engaged in
1.23the performance of official duties;
2.1(5) causes the death of a minor while committing child abuse, when the perpetrator
2.2has engaged in a past pattern of child abuse upon a child and the death occurs under
2.3circumstances manifesting an extreme indifference to human life;
2.4(6) causes the death of a human being while committing domestic abuse, when
2.5the perpetrator has engaged in a past pattern of domestic abuse upon the victim or
2.6upon another family or household member and the death occurs under circumstances
2.7manifesting an extreme indifference to human life; or
2.8(7) causes the death of a human being while committing, conspiring to commit, or
2.9attempting to commit a felony crime to further terrorism and the death occurs under
2.10circumstances manifesting an extreme indifference to human life.
2.11(b) For the purposes of paragraph (a), clause (4), "prosecuting attorney" has the
2.12meaning given in section 609.221, subdivision 2, paragraph (c), clause (4).
2.13
2.14committed against a minor victim that constitutes a violation of the following laws of this
2.15state or any similar laws of the United States or any other state: section
2.18
2.19(1) constitutes a violation of section
2.21any other state; and
2.22(2) is committed against the victim who is a family or household member as defined
2.23in section
2.24
2.25given in section
2.26EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
2.27committed on or after that date.
2.28 Sec. 2. Minnesota Statutes 2012, section 609.221, subdivision 2, is amended to read:
2.29 Subd. 2. Use of deadly force against peace officer, prosecuting attorney, or
2.30correctional employee. (a) Whoever assaults a peace officer, prosecuting attorney, or
2.31correctional employee by using or attempting to use deadly force against the officer,
2.32attorney, or employee while the officer, attorney, or employee is engaged in the
2.33performance of a duty imposed by law, policy, or rule may be sentenced to imprisonment
2.34for not more than 20 years or to payment of a fine of not more than $30,000, or both.
3.1(b) A person convicted of assaulting a peace officer, prosecuting attorney,
3.2 or correctional employee as described in paragraph (a) shall be committed to the
3.3commissioner of corrections for not less than ten years, nor more than 20 years. A
3.4defendant convicted and sentenced as required by this paragraph is not eligible for
3.5probation, parole, discharge, work release, or supervised release, until that person has
3.6served the full term of imprisonment as provided by law, notwithstanding the provisions
3.7of sections
3.9(c) As used in this subdivision:
3.10(1) "correctional employee" means an employee of a public or private prison, jail,
3.11or workhouse;
3.12(2) "deadly force" has the meaning given in section
3.13(3) "peace officer" has the meaning given in section
3.14(4) "prosecuting attorney" means an attorney, with criminal prosecution or civil
3.15responsibilities, who is the United States Attorney for the District of Minnesota, the
3.16attorney general, a political subdivision's elected or appointed county or city attorney, or a
3.17deputy, assistant, or special assistant of any of these.
3.18EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
3.19committed on or after that date.
3.20 Sec. 3. Minnesota Statutes 2012, section 609.2231, subdivision 3, is amended to read:
3.21 Subd. 3. Correctional employees; prosecuting attorneys; probation officers.
3.22Whoever commits either of the following acts against an employee of a correctional
3.23facility as defined in section
3.24attorney as defined in section 609.221, subdivision 2, paragraph (c), clause (4), or against
3.25a probation officer or other qualified person employed in supervising offenders while the
3.26employee, attorney, officer, or person is engaged in the performance of a duty imposed by
3.27law, policy, or rule is guilty of a felony and may be sentenced to imprisonment for not
3.28more than two years or to payment of a fine of not more than $4,000, or both:
3.29(1) assaults the employee and inflicts demonstrable bodily harm; or
3.30(2) intentionally throws or otherwise transfers bodily fluids or feces at or onto the
3.31employee.
3.32EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
3.33committed on or after that date.
