1.1 A bill for an act
1.2 relating to public safety; increasing the penalty for certain crimes committed after
1.3 unlawful reentry or for the benefit of a transnational crime organization; amending
1.4 Minnesota Statutes 2024, section 609.229, subdivisions 1, 2; proposing coding for
1.5 new law in Minnesota Statutes, chapter 609.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [609.1097] INCREASED SENTENCES AFTER UNLAWFUL REENTRY.
1.8 (a) As used in this section, "removal" means any agreement in which a person stipulates
1.9to removal during a criminal proceeding under federal or state law.
1.10 (b) A person who commits a felony after being deported or removed from the United
1.11States under federal immigration proceedings for committing a felony, or after departing
1.12the United States while such an order of deportation or removal is outstanding, is guilty of
1.13a crime and may be sentenced as provided in paragraph (c).
1.14 (c) The statutory maximum for a crime committed in violation of paragraph (b) is five
1.15years longer than the statutory maximum for the underlying crime. The statutory maximum
1.16for a crime committed in violation of paragraph (b) is ten years longer than the statutory
1.17maximum for the underlying crime if the victim of the crime is a child under the age of 18
1.18years.
1.19 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes
1.20committed on or after that date.
1Section 1.
REVISOR KLL/BM 25-0136412/19/24
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 130
NINETY-FOURTH SESSION
Authored by Engen, Allen and Backer01/22/2025
The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy 2.1 Sec. 2. Minnesota Statutes 2024, section 609.229, subdivision 1, is amended to read:
2.2 Subdivision 1.Definition.(a) As used in this section, "criminal gang" means any ongoing
2.3organization, association, or group of three or more persons, whether formal or informal,
2.4that:
2.5 (1) has, as one of its primary activities, the commission of one or more of the offenses
2.6listed in section 609.11, subdivision 9;
2.7 (2) has a common name or common identifying sign or symbol; and
2.8 (3) includes members who individually or collectively engage in or have engaged in a
2.9pattern of criminal activity.
2.10 (b) As used in this section, "transnational crime organization" means an organization
2.11that routinely facilitates the international trafficking of drugs, humans, or weapons or the
2.12international smuggling of humans.
2.13 EFFECTIVE DATE.This section is effective August 1, 2025.
2.14 Sec. 3. Minnesota Statutes 2024, section 609.229, subdivision 2, is amended to read:
2.15 Subd. 2.Crimes.A person who commits a crime for the benefit of, at the direction of,
2.16in association with, or motivated by involvement with a criminal gang or transnational crime
2.17organization, with the intent to promote, further, or assist in criminal conduct by gang
2.18members or the transnational crime organization is guilty of a crime and may be sentenced
2.19as provided in subdivision 3.
2.20 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes
2.21committed on or after that date.
2Sec. 3.
REVISOR KLL/BM 25-0136412/19/24