Minnesota 2025-2026 Regular Session

Minnesota House Bill HF765 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to public safety; requiring aggravated sentences for certain violent
3	3	1.3 offenders; requiring consecutive sentences for certain violent offenders; requiring
4	4	1.4 certain offenders to serve the entire announced sentence in custody; amending
5	5	1.5 Minnesota Statutes 2024, section 609.1095, subdivisions 2, 3, 4, by adding a
6	6	1.6 subdivision.
7	7	1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
8	8	1.8 Section 1. Minnesota Statutes 2024, section 609.1095, subdivision 2, is amended to read:
9	9	1.9 Subd. 2.Increased sentences for dangerous offender who commits third violent
10	10	1.10crime.Whenever a person is convicted of a violent crime that is a felony, and the judge is
11	11	1.11imposing an executed sentence based on a Sentencing Guidelines presumptive imprisonment
12	12	1.12sentence, the judge may must impose an aggravated durational departure from the
13	13	1.13presumptive imprisonment sentence up to the statutory maximum sentence if the offender
14	14	1.14was at least 18 years old at the time the felony was committed, and:
15	15	1.15 (1) the court determines on the record at the time of sentencing that the offender has two
16	16	1.16or more prior convictions for violent crimes; and
17	17	1.17 (2) the fact finder determines that the offender is a danger to public safety. The fact
18	18	1.18finder may base its determination that the offender is a danger to public safety on the
19	19	1.19following factors:
20	20	1.20 (i) the offender's past criminal behavior, such as the offender's high frequency rate of
21	21	1.21criminal activity or juvenile adjudications, or long involvement in criminal activity including
22	22	1.22juvenile adjudications; or
23	23	1Section 1.
24	24	REVISOR KLL/RC 25-0061611/15/24
25	25	State of Minnesota
26	26	This Document can be made available
27	27	in alternative formats upon request
28	28	HOUSE OF REPRESENTATIVES
29	29	H. F. No. 765
30	30	NINETY-FOURTH SESSION
31	31	Authored by Hudson, Duran, Zeleznikar, Mekeland and Engen02/13/2025
32	32	The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy 2.1 (ii) the fact that the present offense of conviction involved an aggravating factor that
33	33	2.2would justify a durational departure under the Sentencing Guidelines.
34	34	2.3 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes
35	35	2.4committed on or after that date.
36	36	2.5 Sec. 2. Minnesota Statutes 2024, section 609.1095, subdivision 3, is amended to read:
37	37	2.6 Subd. 3.Mandatory sentence for dangerous offender who commits third violent
38	38	2.7felony.(a) Unless a longer mandatory minimum sentence is otherwise required by law or
39	39	2.8the court imposes a longer aggravated durational departure under subdivision 2, a person
40	40	2.9who is convicted of a violent crime that is a felony must be committed to the commissioner
41	41	2.10of corrections for a mandatory sentence of at least the length of the presumptive sentence
42	42	2.11under the Sentencing Guidelines if:
43	43	2.12 (1) the court determines on the record at the time of sentencing that the person has two
44	44	2.13or more prior felony convictions for violent crimes.; and
45	45	2.14 (2) either of the following are true:
46	46	2.15 (i) the Sentencing Guidelines presumptive sentence does not presume an executed prison
47	47	2.16sentence; or
48	48	2.17 (ii) the fact finder does not make the determination under subdivision 2, clause (2).
49	49	2.18 (b) The court shall impose and execute the prison sentence regardless of whether the
50	50	2.19guidelines presume an executed prison sentence.
51	51	2.20 Any person convicted and sentenced as required by this subdivision is not eligible for
52	52	2.21probation, parole, discharge, or work release, until that person has served the full term of
53	53	2.22imprisonment imposed by the court, notwithstanding sections 241.26, 242.19, 243.05,
54	54	2.23244.04, 609.12, and 609.135.
55	55	2.24 (b) (c) For purposes of this subdivision, "violent crime" does not include a violation of
56	56	2.25section 152.023 or 152.024.
57	57	2.26 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes
58	58	2.27committed on or after that date.
59	59	2.28 Sec. 3. Minnesota Statutes 2024, section 609.1095, subdivision 4, is amended to read:
60	60	2.29 Subd. 4.Increased sentence for offender who commits sixth felony.Whenever a
61	61	2.30person is convicted of a felony, and the judge is imposing an executed sentence based on a
62	62	2.31Sentencing Guidelines presumptive imprisonment sentence, the judge may must impose an
63	63	2Sec. 3.
64	64	REVISOR KLL/RC 25-0061611/15/24 3.1aggravated durational departure from the presumptive sentence up to the statutory maximum
65	65	3.2sentence if the factfinder fact finder determines that the offender has five or more prior
66	66	3.3felony convictions and that the present offense is a felony that was committed as part of a
67	67	3.4pattern of criminal conduct.
68	68	3.5 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes
69	69	3.6committed on or after that date.
70	70	3.7 Sec. 4. Minnesota Statutes 2024, section 609.1095, is amended by adding a subdivision
71	71	3.8to read:
72	72	3.9 Subd. 5.Consecutive sentences; release.(a) Any person convicted and sentenced as
73	73	3.10required by this section must serve any imposed sentences consecutively to any unexpired
74	74	3.11portion of a previously imposed sentence unless the total time to serve in prison would be
75	75	3.12longer if a concurrent sentence were imposed.
76	76	3.13 (b) Notwithstanding sections 241.26, 242.19, 243.05, 244.04, 609.12, and 609.135, any
77	77	3.14person convicted and sentenced as required by this section is not eligible for probation,
78	78	3.15parole, discharge, or work release until that person has served the entire announced sentence
79	79	3.16imposed by the court.
80	80	3.17 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes
81	81	3.18committed on or after that date.
82	82	3Sec. 4.
83	83	REVISOR KLL/RC 25-0061611/15/24