Bill Text: MN SF1372 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Predatory offenders failure to register repeat violations and escape from custody crimes criminal penalties increase
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-05-05 - Author added Latz [SF1372 Detail]
Download: Minnesota-2011-SF1372-Introduced.html
1.2relating to public safety; increasing the criminal penalty for repeat violations of
1.3the failure to register as a predatory offender and escape from custody crimes;
1.4amending Minnesota Statutes 2010, sections 243.166, subdivision 5; 609.485,
1.5subdivision 4.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 243.166, subdivision 5, is amended to read:
1.8 Subd. 5. Criminal penalty. (a) A person required to register under this section who
1.9knowingly violates any of its provisions or intentionally provides false information to a
1.10corrections agent, law enforcement authority, or the bureau is guilty of a felony and,
1.11except as provided in paragraph (f), may be sentenced to imprisonment for not more than
1.12five years or to payment of a fine of not more than $10,000, or both.
1.13(b) Except as provided in paragraph (c), a person convicted of violating paragraph
1.14(a) shall be committed to the custody of the commissioner of corrections for not less than
1.15a year and a day, nor more than five years.
1.16(c) A person convicted of violating paragraph (a), who has previously been convicted
1.17of or adjudicated delinquent for violating this section or a similar statute of another state
1.18or the United States, shall be committed to the custody of the commissioner of corrections
1.19for not less than two years, nor more than five years.
1.20(d) Prior to the time of sentencing, the prosecutor may file a motion to have the
1.21person sentenced without regard to the mandatory minimum sentence established by this
1.22subdivision. The motion must be accompanied by a statement on the record of the reasons
1.23for it. When presented with the motion, or on its own motion, the court may sentence the
1.24person without regard to the mandatory minimum sentence if the court finds substantial
2.1and compelling reasons to do so. Sentencing a person in the manner described in this
2.2paragraph is a departure from the Sentencing Guidelines.
2.3(e) A person convicted and sentenced as required by this subdivision is not
2.4eligible for probation, parole, discharge, work release, conditional release, or supervised
2.5release, until that person has served the full term of imprisonment as provided by law,
2.6notwithstanding the provisions of sections241.26 ,
242.19 ,
243.05 ,
244.04 ,
609.12 , and
2.7609.135
.
2.8(f) A person who violates paragraph (a) after having previously been convicted of
2.9violating this section may be sentenced to imprisonment for not more than ten years or
2.10to payment of a fine of not more than $20,000, or both.
2.11EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
2.12committed on or after that date.
2.13 Sec. 2. Minnesota Statutes 2010, section 609.485, subdivision 4, is amended to read:
2.14 Subd. 4. Sentence. (a) Except as otherwise provided in subdivision 3a, whoever
2.15violates this section may be sentenced as follows:
2.16(1) if the person who escapes is in lawful custody for a felony, to imprisonment for
2.17not more than five years or to payment of a fine of not more than $10,000, or both;
2.18(2) if the person who escapes is in lawful custody after a finding of not guilty by
2.19reason of mental illness or mental deficiency of a crime against the person, as defined in
2.20section253B.02, subdivision 4a , to imprisonment for not more than one year and one day
2.21or to payment of a fine of not more than $3,000, or both;
2.22(3) if the person who escapes is in lawful custody for a gross misdemeanor or
2.23misdemeanor, or if the person who escapes is in lawful custody on an allegation or
2.24adjudication of a delinquent act, to imprisonment for not more than one year or to payment
2.25of a fine of not more than $3,000, or both;
2.26(4) if the person who escapes is under civil commitment under section253B.18 , to
2.27imprisonment for not more than one year and one day or to payment of a fine of not more
2.28than $3,000, or both; or
2.29(5) if the person who escapes is under a court hold, civil commitment, or supervision
2.30under section253B.185 or Minnesota Statutes 1992, section
526.10 , to imprisonment for
2.31not more than five years or to payment of a fine of not more than $10,000, or both.
2.32(b) If the escape was a violation of subdivision 2, clause (1), (2), or (3), and was
2.33effected by violence or threat of violence against a person, the sentence may be increased
2.34to not more than twice those permitted in paragraph (a), clauses (1) and (3).
3.1(c) Unless a concurrent term is specified by the court, a sentence under this section
3.2shall be consecutive to any sentence previously imposed or which may be imposed for any
3.3crime or offense for which the person was in custody when the person escaped.
3.4(d) Notwithstanding paragraph (c), if a person who was committed to the
3.5commissioner of corrections under section260B.198 escapes from the custody of the
3.6commissioner while 18 years of age, the person's sentence under this section shall
3.7commence on the person's 19th birthday or on the person's date of discharge by the
3.8commissioner of corrections, whichever occurs first. However, if the person described
3.9in this clause is convicted under this section after becoming 19 years old and after
3.10having been discharged by the commissioner, the person's sentence shall commence
3.11upon imposition by the sentencing court.
3.12(e) Notwithstanding paragraph (c), if a person who is in lawful custody on an
3.13allegation or adjudication of a delinquent act while 18 years of age escapes from a local
3.14juvenile correctional facility, the person's sentence under this section begins on the
3.15person's 19th birthday or on the person's date of discharge from the jurisdiction of the
3.16juvenile court, whichever occurs first. However, if the person described in this paragraph
3.17is convicted after becoming 19 years old and after discharge from the jurisdiction of the
3.18juvenile court, the person's sentence begins upon imposition by the sentencing court.
3.19(f) Notwithstanding paragraph (a), any person who escapes or absconds from
3.20electronic monitoring or removes an electric monitoring device from the person's body is
3.21guilty of a crime andshall may be sentenced to: (1) imprisonment for not more than one
3.22year or to a payment of a fine of not more than $3,000, or both; or (2) imprisonment for
3.23not more than five years or to payment of a fine of not more than $10,000, or both, if the
3.24person has previously been convicted of violating this section.
3.25(g) Notwithstanding paragraph (a), a person in lawful custody for a violation of
3.26section 243.166,609.185 ,
609.19 ,
609.195 ,
609.20 ,
609.205 ,
609.21 ,
609.221 ,
609.222 ,
3.27609.223
,
609.2231 ,
609.342 ,
609.343 ,
609.344 ,
609.345 ,
609.3451, or civil commitment
3.28under section 253B.185, and who escapes or absconds from electronic monitoring or
3.29removes an electronic monitoring device while under sentence may be sentenced to: (1)
3.30imprisonment for not more than five years or to a payment of a fine of not more than
3.31$10,000, or both; or (2) imprisonment for not more than ten years or to payment of a
3.32fine of not more than $20,000, or both, if the person has previously been convicted
3.33of violating this section.
3.34EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
3.35committed on or after that date.
1.3the failure to register as a predatory offender and escape from custody crimes;
1.4amending Minnesota Statutes 2010, sections 243.166, subdivision 5; 609.485,
1.5subdivision 4.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 243.166, subdivision 5, is amended to read:
1.8 Subd. 5. Criminal penalty. (a) A person required to register under this section who
1.9knowingly violates any of its provisions or intentionally provides false information to a
1.10corrections agent, law enforcement authority, or the bureau is guilty of a felony and,
1.11except as provided in paragraph (f), may be sentenced to imprisonment for not more than
1.12five years or to payment of a fine of not more than $10,000, or both.
1.13(b) Except as provided in paragraph (c), a person convicted of violating paragraph
1.14(a) shall be committed to the custody of the commissioner of corrections for not less than
1.15a year and a day, nor more than five years.
1.16(c) A person convicted of violating paragraph (a), who has previously been convicted
1.17of or adjudicated delinquent for violating this section or a similar statute of another state
1.18or the United States, shall be committed to the custody of the commissioner of corrections
1.19for not less than two years, nor more than five years.
1.20(d) Prior to the time of sentencing, the prosecutor may file a motion to have the
1.21person sentenced without regard to the mandatory minimum sentence established by this
1.22subdivision. The motion must be accompanied by a statement on the record of the reasons
1.23for it. When presented with the motion, or on its own motion, the court may sentence the
1.24person without regard to the mandatory minimum sentence if the court finds substantial
2.1and compelling reasons to do so. Sentencing a person in the manner described in this
2.2paragraph is a departure from the Sentencing Guidelines.
2.3(e) A person convicted and sentenced as required by this subdivision is not
2.4eligible for probation, parole, discharge, work release, conditional release, or supervised
2.5release, until that person has served the full term of imprisonment as provided by law,
2.6notwithstanding the provisions of sections
2.8(f) A person who violates paragraph (a) after having previously been convicted of
2.9violating this section may be sentenced to imprisonment for not more than ten years or
2.10to payment of a fine of not more than $20,000, or both.
2.11EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
2.12committed on or after that date.
2.13 Sec. 2. Minnesota Statutes 2010, section 609.485, subdivision 4, is amended to read:
2.14 Subd. 4. Sentence. (a) Except as otherwise provided in subdivision 3a, whoever
2.15violates this section may be sentenced as follows:
2.16(1) if the person who escapes is in lawful custody for a felony, to imprisonment for
2.17not more than five years or to payment of a fine of not more than $10,000, or both;
2.18(2) if the person who escapes is in lawful custody after a finding of not guilty by
2.19reason of mental illness or mental deficiency of a crime against the person, as defined in
2.20section
2.21or to payment of a fine of not more than $3,000, or both;
2.22(3) if the person who escapes is in lawful custody for a gross misdemeanor or
2.23misdemeanor, or if the person who escapes is in lawful custody on an allegation or
2.24adjudication of a delinquent act, to imprisonment for not more than one year or to payment
2.25of a fine of not more than $3,000, or both;
2.26(4) if the person who escapes is under civil commitment under section
2.27imprisonment for not more than one year and one day or to payment of a fine of not more
2.28than $3,000, or both; or
2.29(5) if the person who escapes is under a court hold, civil commitment, or supervision
2.30under section
2.31not more than five years or to payment of a fine of not more than $10,000, or both.
2.32(b) If the escape was a violation of subdivision 2, clause (1), (2), or (3), and was
2.33effected by violence or threat of violence against a person, the sentence may be increased
2.34to not more than twice those permitted in paragraph (a), clauses (1) and (3).
3.1(c) Unless a concurrent term is specified by the court, a sentence under this section
3.2shall be consecutive to any sentence previously imposed or which may be imposed for any
3.3crime or offense for which the person was in custody when the person escaped.
3.4(d) Notwithstanding paragraph (c), if a person who was committed to the
3.5commissioner of corrections under section
3.6commissioner while 18 years of age, the person's sentence under this section shall
3.7commence on the person's 19th birthday or on the person's date of discharge by the
3.8commissioner of corrections, whichever occurs first. However, if the person described
3.9in this clause is convicted under this section after becoming 19 years old and after
3.10having been discharged by the commissioner, the person's sentence shall commence
3.11upon imposition by the sentencing court.
3.12(e) Notwithstanding paragraph (c), if a person who is in lawful custody on an
3.13allegation or adjudication of a delinquent act while 18 years of age escapes from a local
3.14juvenile correctional facility, the person's sentence under this section begins on the
3.15person's 19th birthday or on the person's date of discharge from the jurisdiction of the
3.16juvenile court, whichever occurs first. However, if the person described in this paragraph
3.17is convicted after becoming 19 years old and after discharge from the jurisdiction of the
3.18juvenile court, the person's sentence begins upon imposition by the sentencing court.
3.19(f) Notwithstanding paragraph (a), any person who escapes or absconds from
3.20electronic monitoring or removes an electric monitoring device from the person's body is
3.21guilty of a crime and
3.22year or to a payment of a fine of not more than $3,000, or both; or (2) imprisonment for
3.23not more than five years or to payment of a fine of not more than $10,000, or both, if the
3.24person has previously been convicted of violating this section.
3.25(g) Notwithstanding paragraph (a), a person in lawful custody for a violation of
3.26section 243.166,
3.28under section 253B.185, and
3.29removes an electronic monitoring device while under sentence may be sentenced to: (1)
3.30imprisonment for not more than five years or to a payment of a fine of not more than
3.31$10,000, or both; or (2) imprisonment for not more than ten years or to payment of a
3.32fine of not more than $20,000, or both, if the person has previously been convicted
3.33of violating this section.
3.34EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
3.35committed on or after that date.
