Text of MN SF 3714 (2006)

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Version List HF3471 Authors and Status Rtf Bill Text Versions Engrossments Introduction Posted on 03/13/2006 Jump to page/line # Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 A bill for an act relating to public safety; enhancing penalties for crimes motivated by bias; amending Minnesota Statutes 2004, sections 609.2231, subdivision 4; 609.595, subdivision 1a; proposing coding for new law in Minnesota Statutes, chapter 609. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. new text begin [609.154] INCREASED PENALTIES FOR CRIMES MOTIVATED BY BIAS. new text end new text begin Subdivision 1. new text end new text begin Crimes motivated by bias. new text end new text begin Notwithstanding the statutory maximum penalty otherwise applicable to the offense, the court shall sentence a person as provided under subdivision 2, if: new text end new text begin (1) the person is convicted of a crime under chapter 609; and new text end new text begin (2) the factfinder determines that the person committed the crime because of the victim's, property owner's, or another's actual or perceived race, color, religion, sex, sexual orientation, disability as defined in section 363A.03, age, or national origin. new text end new text begin Subd. 2. new text end new text begin Penalties. new text end new text begin (a) If the crime committed is a felony, the statutory maximum for the crime is five years longer than the statutory maximum for the underlying crime. new text end new text begin (b) If the crime committed is a gross misdemeanor, the person is guilty of a felony and may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $10,000, or both. new text end new text begin (c) If the crime committed is a misdemeanor, the person is guilty of a gross misdemeanor. new text end new text begin Subd. 3. new text end new text begin Exception. new text end new text begin This section does not apply to any crime if proof of the victim's, property owner's, or another's actual or perceived race, religion, color, disability, sexual orientation, disability as defined in section 363A.03, age, or national origin is required for a conviction for that crime. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2006, and applies to crimes committed on or after that date. new text end Sec. 2. Minnesota Statutes 2004, section 609.2231, subdivision 4, is amended to read: Subd. 4. Assaults motivated by bias. (a) Whoever assaults another because of the victim's or another's actual or perceived race, color, religion, sex, sexual orientation, disability as defined in section 363A.03, age, or national origin may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both. (b) Whoever violates the provisions of paragraph (a) within five years of a previous conviction under paragraph (a) is guilty of a felony and may be sentenced to imprisonment for not more than deleted text begin one year and a day ordeleted text end new text begin two years and new text end to payment of a fine of not more than deleted text begin $3,000, or bothdeleted text end new text begin $10,000new text end . new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2006, and applies to crimes committed on or after that date. new text end Sec. 3. Minnesota Statutes 2004, section 609.595, subdivision 1a, is amended to read: Subd. 1a. Criminal damage to property in the second degree. (a) Whoever intentionally causes damage described in subdivision 2, paragraph (a), because of the property owner's or another's actual or perceived race, color, religion, sex, sexual orientation, disability as defined in section 363A.03, age, or national origin is guilty of a felony and may be sentenced to imprisonment for not more than deleted text begin one year and a day deleted text end new text begin two yearsnew text end new text begin new text end or to payment of a fine of not more than deleted text begin $3,000deleted text end new text begin $5,000new text end , or both. (b) In any prosecution under paragraph (a), the value of property damaged by the defendant in violation of that paragraph within any six-month period may be aggregated and the defendant charged accordingly in applying this section. When two or more offenses are committed by the same person in two or more counties, the accused may be prosecuted in any county in which one of the offenses was committed for all of the offenses aggregated under this paragraph. new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2006, and applies to crimes committed on or after that date. new text end About the Legislature Historical Information Employment/Internships Visiting the Capitol Accessibility Frequently Asked Questions Contact Your Legislator Who Represents Me? House Members Senators General Contact Contact a legislative librarian: (651) 296-8338 or Email Phone Numbers Submit website comments Get Connected House News Senate News MyBills Email Updates & RSS Feeds Minnesota Office of the Revisor of Statutes, Centennial Office Building, 3rd Floor, 658 Cedar Street, St. Paul, MN 55155