1 | 1 | | 1.1 A bill for an act |
---|
2 | 2 | | 1.2 relating to public safety; increasing certain criminal penalties for crimes committed |
---|
3 | 3 | | 1.3 because of the victim's political affiliation or beliefs; amending Minnesota Statutes |
---|
4 | 4 | | 1.4 2024, sections 609.2231, subdivision 4; 609.2233; 609.595, subdivisions 1a, 2; |
---|
5 | 5 | | 1.5 609.749, subdivision 3. |
---|
6 | 6 | | 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
---|
7 | 7 | | 1.7 Section 1. Minnesota Statutes 2024, section 609.2231, subdivision 4, is amended to read: |
---|
8 | 8 | | 1.8 Subd. 4.Assaults motivated by bias.(a) Whoever assaults another in whole or in |
---|
9 | 9 | | 1.9substantial part because of the victim's or another's actual or perceived race, color, ethnicity, |
---|
10 | 10 | | 1.10religion, sex, gender, sexual orientation, gender identity, gender expression, age, political |
---|
11 | 11 | | 1.11affiliation or beliefs, national origin, or disability as defined in section 363A.03, or because |
---|
12 | 12 | | 1.12of the victim's actual or perceived association with another person or group of a certain |
---|
13 | 13 | | 1.13actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender |
---|
14 | 14 | | 1.14identity, gender expression, age, political affiliation or beliefs, national origin, or disability |
---|
15 | 15 | | 1.15as defined in section 363A.03, may be sentenced to imprisonment for not more than 364 |
---|
16 | 16 | | 1.16days or to payment of a fine of not more than $3,000, or both. |
---|
17 | 17 | | 1.17 (b) Whoever violates the provisions of paragraph (a) within five years of a previous |
---|
18 | 18 | | 1.18conviction under paragraph (a) is guilty of a felony and may be sentenced to imprisonment |
---|
19 | 19 | | 1.19for not more than one year and a day or to payment of a fine of not more than $3,000, or |
---|
20 | 20 | | 1.20both. |
---|
21 | 21 | | 1.21 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes |
---|
22 | 22 | | 1.22committed on or after that date. |
---|
23 | 23 | | 1Section 1. |
---|
24 | 24 | | 25-02513 as introduced01/24/25 REVISOR KLL/ES |
---|
25 | 25 | | SENATE |
---|
26 | 26 | | STATE OF MINNESOTA |
---|
27 | 27 | | S.F. No. 967NINETY-FOURTH SESSION |
---|
28 | 28 | | (SENATE AUTHORS: HOWE) |
---|
29 | 29 | | OFFICIAL STATUSD-PGDATE |
---|
30 | 30 | | Introduction and first reading02/03/2025 |
---|
31 | 31 | | Referred to Judiciary and Public Safety 2.1 Sec. 2. Minnesota Statutes 2024, section 609.2233, is amended to read: |
---|
32 | 32 | | 2.2 609.2233 FELONY ASSAULT MOTIVATED BY BIAS; INCREASED |
---|
33 | 33 | | 2.3STATUTORY MAXIMUM SENTENCE. |
---|
34 | 34 | | 2.4 A person who violates section 609.221, 609.222, or 609.223 in whole or in substantial |
---|
35 | 35 | | 2.5part because of the victim's or another person's actual or perceived race, color, ethnicity, |
---|
36 | 36 | | 2.6religion, sex, gender, sexual orientation, gender identity, gender expression, age, political |
---|
37 | 37 | | 2.7affiliation or beliefs, national origin, or disability as defined in section 363A.03, or because |
---|
38 | 38 | | 2.8of the victim's actual or perceived association with another person or group of a certain |
---|
39 | 39 | | 2.9actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender |
---|
40 | 40 | | 2.10identity, gender expression, age, political affiliation or beliefs, national origin, or disability |
---|
41 | 41 | | 2.11as defined in section 363A.03, is subject to a statutory maximum penalty of 25 percent |
---|
42 | 42 | | 2.12longer than the maximum penalty otherwise applicable. |
---|
43 | 43 | | 2.13 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes |
---|
44 | 44 | | 2.14committed on or after that date. |
---|
45 | 45 | | 2.15 Sec. 3. Minnesota Statutes 2024, section 609.595, subdivision 1a, is amended to read: |
---|
46 | 46 | | 2.16 Subd. 1a.Criminal damage to property in the second degree.(a) Whoever intentionally |
---|
47 | 47 | | 2.17causes damage described in subdivision 2, paragraph (a), is guilty of a felony and may be |
---|
48 | 48 | | 2.18sentenced to imprisonment for not more than one year and a day or to payment of a fine of |
---|
49 | 49 | | 2.19not more than $3,000, or both, if the damage: |
---|
50 | 50 | | 2.20 (1) was committed in whole or in substantial part because of the property owner's or |
---|
51 | 51 | | 2.21another's actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, |
---|
52 | 52 | | 2.22gender identity, gender expression, age, political affiliation or beliefs, national origin, or |
---|
53 | 53 | | 2.23disability as defined in section 363A.03; |
---|
54 | 54 | | 2.24 (2) was committed in whole or in substantial part because of the victim's actual or |
---|
55 | 55 | | 2.25perceived association with another person or group of a certain actual or perceived race, |
---|
56 | 56 | | 2.26color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, |
---|
57 | 57 | | 2.27age, political affiliation or beliefs, national origin, or disability as defined in section 363A.03; |
---|
58 | 58 | | 2.28or |
---|
59 | 59 | | 2.29 (3) was motivated in whole or in substantial part by an intent to intimidate or harm an |
---|
60 | 60 | | 2.30individual or group of individuals because of actual or perceived race, color, ethnicity, |
---|
61 | 61 | | 2.31religion, sex, gender, sexual orientation, gender identity, gender expression, age, political |
---|
62 | 62 | | 2.32affiliation or beliefs, national origin, or disability as defined in section 363A.03. |
---|
63 | 63 | | 2Sec. 3. |
---|
64 | 64 | | 25-02513 as introduced01/24/25 REVISOR KLL/ES 3.1 (b) In any prosecution under paragraph (a), the value of property damaged by the |
---|
65 | 65 | | 3.2defendant in violation of that paragraph within any six-month period may be aggregated |
---|
66 | 66 | | 3.3and the defendant charged accordingly in applying this section. When two or more offenses |
---|
67 | 67 | | 3.4are committed by the same person in two or more counties, the accused may be prosecuted |
---|
68 | 68 | | 3.5in any county in which one of the offenses was committed for all of the offenses aggregated |
---|
69 | 69 | | 3.6under this paragraph. |
---|
70 | 70 | | 3.7 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes |
---|
71 | 71 | | 3.8committed on or after that date. |
---|
72 | 72 | | 3.9 Sec. 4. Minnesota Statutes 2024, section 609.595, subdivision 2, is amended to read: |
---|
73 | 73 | | 3.10 Subd. 2.Criminal damage to property in the third degree.(a) Except as otherwise |
---|
74 | 74 | | 3.11provided in subdivision 1a, whoever intentionally causes damage to another person's physical |
---|
75 | 75 | | 3.12property without the other person's consent may be sentenced to imprisonment for not more |
---|
76 | 76 | | 3.13than 364 days or to payment of a fine of not more than $3,000, or both, if: (1) the damage |
---|
77 | 77 | | 3.14reduces the value of the property by more than $500 but not more than $1,000 as measured |
---|
78 | 78 | | 3.15by the cost of repair and replacement; or (2) the damage was to a public safety motor vehicle |
---|
79 | 79 | | 3.16and the defendant knew the vehicle was a public safety motor vehicle. |
---|
80 | 80 | | 3.17 (b) Whoever intentionally causes damage to another person's physical property without |
---|
81 | 81 | | 3.18the other person's consent may be sentenced to imprisonment for not more than 364 days |
---|
82 | 82 | | 3.19or to payment of a fine of not more than $3,000, or both, if the damage reduces the value |
---|
83 | 83 | | 3.20of the property by not more than $500 and: |
---|
84 | 84 | | 3.21 (1) was committed in whole or in substantial part because of the property owner's or |
---|
85 | 85 | | 3.22another's actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, |
---|
86 | 86 | | 3.23gender identity, gender expression, age, political affiliation or beliefs, national origin, or |
---|
87 | 87 | | 3.24disability as defined in section 363A.03; |
---|
88 | 88 | | 3.25 (2) was committed in whole or in substantial part because of the victim's actual or |
---|
89 | 89 | | 3.26perceived association with another person or group of a certain actual or perceived race, |
---|
90 | 90 | | 3.27color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, |
---|
91 | 91 | | 3.28age, political affiliation or beliefs, national origin, or disability as defined in section 363A.03; |
---|
92 | 92 | | 3.29or |
---|
93 | 93 | | 3.30 (3) was motivated in whole or in substantial part by an intent to intimidate or harm an |
---|
94 | 94 | | 3.31individual or group of individuals because of actual or perceived race, color, ethnicity, |
---|
95 | 95 | | 3.32religion, sex, gender, sexual orientation, gender identity, gender expression, age, political |
---|
96 | 96 | | 3.33affiliation or beliefs, national origin, or disability as defined in section 363A.03. |
---|
97 | 97 | | 3Sec. 4. |
---|
98 | 98 | | 25-02513 as introduced01/24/25 REVISOR KLL/ES 4.1 (c) In any prosecution under paragraph (a), clause (1), the value of property damaged |
---|
99 | 99 | | 4.2by the defendant in violation of that paragraph within any six-month period may be |
---|
100 | 100 | | 4.3aggregated and the defendant charged accordingly in applying this section. When two or |
---|
101 | 101 | | 4.4more offenses are committed by the same person in two or more counties, the accused may |
---|
102 | 102 | | 4.5be prosecuted in any county in which one of the offenses was committed for all of the |
---|
103 | 103 | | 4.6offenses aggregated under this paragraph. |
---|
104 | 104 | | 4.7 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes |
---|
105 | 105 | | 4.8committed on or after that date. |
---|
106 | 106 | | 4.9 Sec. 5. Minnesota Statutes 2024, section 609.749, subdivision 3, is amended to read: |
---|
107 | 107 | | 4.10 Subd. 3.Aggravated violations.(a) A person who commits any of the following acts |
---|
108 | 108 | | 4.11is guilty of a felony and may be sentenced to imprisonment for not more than five years or |
---|
109 | 109 | | 4.12to payment of a fine of not more than $10,000, or both: |
---|
110 | 110 | | 4.13 (1) commits any offense described in subdivision 2 in whole or in substantial part because |
---|
111 | 111 | | 4.14of the victim's or another's actual or perceived race, color, ethnicity, religion, sex, gender, |
---|
112 | 112 | | 4.15sexual orientation, gender identity, gender expression, age, political affiliation or beliefs, |
---|
113 | 113 | | 4.16national origin, or disability as defined in section 363A.03, or because of the victim's actual |
---|
114 | 114 | | 4.17or perceived association with another person or group of a certain actual or perceived race, |
---|
115 | 115 | | 4.18color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, |
---|
116 | 116 | | 4.19age, political affiliation or beliefs, national origin, or disability as defined in section 363A.03; |
---|
117 | 117 | | 4.20 (2) commits any offense described in subdivision 2 by falsely impersonating another; |
---|
118 | 118 | | 4.21 (3) commits any offense described in subdivision 2 and a dangerous weapon was used |
---|
119 | 119 | | 4.22in any way in the commission of the offense; |
---|
120 | 120 | | 4.23 (4) commits any offense described in subdivision 2 with intent to influence or otherwise |
---|
121 | 121 | | 4.24tamper with a juror or a judicial proceeding or with intent to retaliate against a judicial |
---|
122 | 122 | | 4.25officer, as defined in section 609.415, or a prosecutor, defense attorney, or officer of the |
---|
123 | 123 | | 4.26court, because of that person's performance of official duties in connection with a judicial |
---|
124 | 124 | | 4.27proceeding; or |
---|
125 | 125 | | 4.28 (5) commits any offense described in subdivision 2 against a victim under the age of |
---|
126 | 126 | | 4.2918, if the actor is more than 36 months older than the victim. |
---|
127 | 127 | | 4.30 (b) A person who commits any offense described in subdivision 2 against a victim under |
---|
128 | 128 | | 4.31the age of 18, if the actor is more than 36 months older than the victim, and the act is |
---|
129 | 129 | | 4.32committed with sexual or aggressive intent, is guilty of a felony and may be sentenced to |
---|
130 | 130 | | 4Sec. 5. |
---|
131 | 131 | | 25-02513 as introduced01/24/25 REVISOR KLL/ES 5.1imprisonment for not more than ten years or to payment of a fine of not more than $20,000, |
---|
132 | 132 | | 5.2or both. |
---|
133 | 133 | | 5.3 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes |
---|
134 | 134 | | 5.4committed on or after that date. |
---|
135 | 135 | | 5Sec. 5. |
---|
136 | 136 | | 25-02513 as introduced01/24/25 REVISOR KLL/ES |
---|