1.2relating to public safety; increasing penalties for crimes committed in a patient
1.3care zone; amending sentencing provisions for assaults by inmates in public
1.4institutions;amending Minnesota Statutes 2014, sections 152.01, by adding
1.5a subdivision; 152.021, subdivision 1; 152.022, subdivision 1; 152.023,
1.6subdivision 2; 152.024, subdivision 1; 609.2232; 609.66, subdivisions 1, 1a, 1d;
1.7609.713, by adding a subdivision; proposing coding for new law in Minnesota
1.8Statutes, chapter 609.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. Minnesota Statutes 2014, section 152.01, is amended by adding a
1.11subdivision to read:
1.12 Subd. 24. Patient care zone. "Patient care zone" means:
1.13(1) any property owned, leased, or controlled by a hospital, as defined in section
1.14144.50, subdivision 2; hospice provider, as defined in section 144A.75, subdivision
5; or
1.15nursing home, as defined in section 144A.01, subdivision 5, where health care services
are
1.16delivered to hospital patients, hospice patients, or nursing home residents; and
1.17(2) the areas surrounding hospital, hospice, or nursing home property as described
in
1.18clause (1) to a distance of 300 feet or one city block, whichever distance is greater,
beyond
1.19the hospital, hospice, or nursing home property.
1.20EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
1.21committed on or after that date.
1.22 Sec. 2. Minnesota Statutes 2014, section 152.021, subdivision 1, is amended to read:
1.23 Subdivision 1.
Sale crimes. A person is guilty of controlled substance crime in
1.24the first degree if:
2.1(1) on one or more occasions within a 90-day period the person unlawfully sells one
2.2or more mixtures of a total weight of ten grams or more containing cocaine, heroin,
or
2.3methamphetamine;
2.4(2) on one or more occasions within a 90-day period the person unlawfully sells one
2.5or more mixtures of a total weight of 50 grams or more containing a narcotic drug
other
2.6than cocaine, heroin, or methamphetamine;
2.7(3) on one or more occasions within a 90-day period the person unlawfully sells
2.8one or more mixtures of a total weight of 50 grams or more containing amphetamine,
2.9phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage
units,
2.10equaling 200 or more dosage units; or
2.11(4) on one or more occasions within a 90-day period the person unlawfully sells
2.12one or more mixtures of a total weight of 50 kilograms or more containing marijuana
or
2.13Tetrahydrocannabinols, or one or more mixtures of a total weight of 25 kilograms or
more
2.14containing marijuana or Tetrahydrocannabinols in a school zone, a park zone, a public
2.15housing zone,
a patient care zone, or a drug treatment facility.
2.16EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
2.17committed on or after that date.
2.18 Sec. 3. Minnesota Statutes 2014, section 152.022, subdivision 1, is amended to read:
2.19 Subdivision 1.
Sale crimes. A person is guilty of controlled substance crime
2.20in the second degree if:
2.21(1) on one or more occasions within a 90-day period the person unlawfully sells one
2.22or more mixtures of a total weight of three grams or more containing cocaine, heroin,
or
2.23methamphetamine;
2.24(2) on one or more occasions within a 90-day period the person unlawfully sells one
2.25or more mixtures of a total weight of ten grams or more containing a narcotic drug
other
2.26than cocaine, heroin, or methamphetamine;
2.27(3) on one or more occasions within a 90-day period the person unlawfully sells
2.28one or more mixtures of a total weight of ten grams or more containing amphetamine,
2.29phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage
units,
2.30equaling 50 or more dosage units;
2.31(4) on one or more occasions within a 90-day period the person unlawfully sells
2.32one or more mixtures of a total weight of 25 kilograms or more containing marijuana
or
2.33Tetrahydrocannabinols;
3.1(5) the person unlawfully sells any amount of a Schedule I or II narcotic drug to
a
3.2person under the age of 18, or conspires with or employs a person under the age of
18 to
3.3unlawfully sell the substance; or
3.4(6) the person unlawfully sells any of the following in a school zone, a park zone,
a
3.5public housing zone,
a patient care zone, or a drug treatment facility:
3.6(i) any amount of a Schedule I or II narcotic drug, lysergic acid diethylamide (LSD),
3.73,4-methylenedioxy amphetamine, or 3,4-methylenedioxymethamphetamine;
3.8(ii) one or more mixtures containing methamphetamine or amphetamine; or
3.9(iii) one or more mixtures of a total weight of five kilograms or more containing
3.10marijuana or Tetrahydrocannabinols.
3.11EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
3.12committed on or after that date.
3.13 Sec. 4. Minnesota Statutes 2014, section 152.023, subdivision 2, is amended to read:
3.14 Subd. 2.
Possession crimes. (a) A person is guilty of controlled substance crime in
3.15the third degree if:
3.16(1) on one or more occasions within a 90-day period the person unlawfully possesses
3.17one or more mixtures of a total weight of three grams or more containing cocaine,
heroin,
3.18or methamphetamine;
3.19(2) on one or more occasions within a 90-day period the person unlawfully possesses
3.20one or more mixtures of a total weight of ten grams or more containing a narcotic
drug
3.21other than cocaine, heroin, or methamphetamine;
3.22(3) on one or more occasions within a 90-day period the person unlawfully possesses
3.23one or more mixtures containing a narcotic drug, it is packaged in dosage units, and
3.24equals 50 or more dosage units;
3.25(4) on one or more occasions within a 90-day period the person unlawfully
3.26possesses any amount of a schedule I or II narcotic drug or five or more dosage
3.27units of lysergic acid diethylamide (LSD), 3,4-methylenedioxy amphetamine, or
3.283,4-methylenedioxymethamphetamine in a school zone, a park zone, a public housing
3.29zone,
a patient care zone, or a drug treatment facility;
3.30(5) on one or more occasions within a 90-day period the person unlawfully possesses
3.31one or more mixtures of a total weight of ten kilograms or more containing marijuana
or
3.32Tetrahydrocannabinols; or
3.33(6) the person unlawfully possesses one or more mixtures containing
3.34methamphetamine or amphetamine in a school zone, a park zone, a public housing zone,
a
3.35patient care zone, or a drug treatment facility.
4.1(b) For the purposes of this subdivision, the weight of fluid used in a water pipe
may
4.2not be considered in measuring the weight of a mixture except in cases where the mixture
4.3contains four or more fluid ounces of fluid.
4.4EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
4.5committed on or after that date.
4.6 Sec. 5. Minnesota Statutes 2014, section 152.024, subdivision 1, is amended to read:
4.7 Subdivision 1.
Sale crimes. A person is guilty of controlled substance crime in
4.8the fourth degree if:
4.9(1) the person unlawfully sells one or more mixtures containing a controlled
4.10substance classified in Schedule I, II, or III, except marijuana or Tetrahydrocannabinols;
4.11(2) the person unlawfully sells one or more mixtures containing a controlled
4.12substance classified in Schedule IV or V to a person under the age of 18;
4.13(3) the person conspires with or employs a person under the age of 18 to unlawfully
4.14sell a controlled substance classified in Schedule IV or V; or
4.15(4) the person unlawfully sells any amount of marijuana or Tetrahydrocannabinols in
4.16a school zone, a park zone, a public housing zone,
a patient care zone, or a drug treatment
4.17facility, except a small amount for no remuneration.
4.18EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
4.19committed on or after that date.
4.20 Sec. 6. Minnesota Statutes 2014, section 609.2232, is amended to read:
4.21609.2232 CONSECUTIVE SENTENCES FOR ASSAULTS COMMITTED BY
4.22STATE PRISON OR PUBLIC INSTITUTION INMATES.
4.23If an inmate of a state correctional facility
or an inmate receiving medical assistance
4.24services while an inpatient in a medical institution under section 256B.055, subdivision
4.2514, paragraph (c), is convicted of violating section
609.221,
609.222,
609.223,
609.2231,
4.26or
609.224, while confined in the facility
or while in the medical institution, the sentence
4.27imposed for the assault shall be executed and run consecutively to any unexpired portion
4.28of the offender's earlier sentence. The inmate is not entitled to credit against the
sentence
4.29imposed for the assault for time served in confinement for the earlier sentence. The
inmate
4.30shall serve the sentence for the assault in a state correctional facility even if
the assault
4.31conviction was for a misdemeanor or gross misdemeanor.
5.1EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
5.2committed on or after that date.
5.3 Sec. 7.
[609.2248] CRIMES COMMITTED IN PATIENT CARE ZONE;
5.4INCREASED PENALTIES.
5.5 Subdivision 1. Definition. "Patient care zone" has the meaning given in section
5.6152.01, subdivision 24.
5.7 Subd. 2. Increased penalties. Any person who commits a violation of section
5.8609.185, 609.19, 609.195, 609.20, 609.205, 609.221, 609.222, 609.223, 609.2231,
5.9609.224, 609.2242, or 609.2247 while in a patient care zone may be sentenced as follows:
5.10(1) if the crime is a felony, the statutory maximum for the crime is three years longer
5.11than the statutory maximum for the underlying crime;
5.12(2) if the crime committed is a gross misdemeanor, the person is guilty of a felony
5.13and may be sentenced to imprisonment for not more than two years or to payment of
a
5.14fine of not more than $4,000, or both; and
5.15(3) if the crime committed is a misdemeanor, the person is guilty of a gross
5.16misdemeanor.
5.17EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
5.18committed on or after that date.
5.19 Sec. 8. Minnesota Statutes 2014, section 609.66, subdivision 1, is amended to read:
5.20 Subdivision 1.
Misdemeanor and gross misdemeanor crimes. (a) Whoever does
5.21any of the following is guilty of a crime and may be sentenced as provided in paragraph
(b):
5.22(1) recklessly handles or uses a gun or other dangerous weapon or explosive so as
to
5.23endanger the safety of another; or
5.24(2) intentionally points a gun of any kind, capable of injuring or killing a human
5.25being and whether loaded or unloaded, at or toward another; or
5.26(3) manufactures or sells for any unlawful purpose any weapon known as a slungshot
5.27or sand club; or
5.28(4) manufactures, transfers, or possesses metal knuckles or a switch blade knife
5.29opening automatically; or
5.30(5) possesses any other dangerous article or substance for the purpose of being used
5.31unlawfully as a weapon against another; or
5.32(6) outside of a municipality and without the parent's or guardian's consent, furnishes
5.33a child under 14 years of age, or as a parent or guardian permits the child to handle
or
6.1use, outside of the parent's or guardian's presence, a firearm or airgun of any kind,
or any
6.2ammunition or explosive.
6.3Possession of written evidence of prior consent signed by the minor's parent or
6.4guardian is a complete defense to a charge under clause (6).
6.5(b) A person convicted under paragraph (a) may be sentenced as follows:
6.6(1) if the act was committed in a public housing zone, as defined in section
152.01,
6.7subdivision 19
, a school zone, as defined in section
152.01, subdivision 14a,
a patient care
6.8zone, as defined in section 152.01, subdivision 24, or a park zone, as defined in section
6.9152.01, subdivision 12a
, to imprisonment for not more than one year or to payment of a
6.10fine of not more than $3,000, or both; or
6.11(2) otherwise, including where the act was committed on residential premises within
6.12a zone described in clause (1) if the offender was at the time an owner, tenant, or
invitee
6.13for a lawful purpose with respect to those residential premises, to imprisonment for
not
6.14more than 90 days or to payment of a fine of not more than $1,000, or both.
6.15EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
6.16committed on or after that date.
6.17 Sec. 9. Minnesota Statutes 2014, section 609.66, subdivision 1a, is amended to read:
6.18 Subd. 1a.
Felony crimes; silencers prohibited; reckless discharge. (a) Except as
6.19otherwise provided in subdivision 1h, whoever does any of the following is guilty
of a
6.20felony and may be sentenced as provided in paragraph (b):
6.21(1) sells or has in possession any device designed to silence or muffle the discharge
6.22of a firearm;
6.23(2) intentionally discharges a firearm under circumstances that endanger the safety
6.24of another; or
6.25(3) recklessly discharges a firearm within a municipality.
6.26(b) A person convicted under paragraph (a) may be sentenced as follows:
6.27(1) if the act was a violation of paragraph (a), clause (2), or if the act was a violation
6.28of paragraph (a), clause (1) or (3), and was committed in a public housing zone, as
defined
6.29in section
152.01, subdivision 19, a school zone, as defined in section
152.01, subdivision
6.3014a
,
a patient care zone, as defined in section 152.01, subdivision 24, or a park zone, as
6.31defined in section
152.01, subdivision 12a, to imprisonment for not more than five years
6.32or to payment of a fine of not more than $10,000, or both; or
6.33(2) otherwise, to imprisonment for not more than two years or to payment of a fine
6.34of not more than $5,000, or both.
7.1EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
7.2committed on or after that date.
7.3 Sec. 10. Minnesota Statutes 2014, section 609.66, subdivision 1d, is amended to read:
7.4 Subd. 1d.
Possession on school property or in a patient care zone; penalty. (a)
7.5Except as provided under paragraphs (d) and (f), whoever possesses, stores, or keeps
a
7.6dangerous weapon while knowingly on school property
or in a patient care zone is guilty
7.7of a felony and may be sentenced to imprisonment for not more than five years or to
7.8payment of a fine of not more than $10,000, or both.
7.9(b) Whoever uses or brandishes a replica firearm or a BB gun while knowingly on
7.10school property
or in a patient care zone is guilty of a gross misdemeanor.
7.11(c) Whoever possesses, stores, or keeps a replica firearm or a BB gun while
7.12knowingly on school property
or in a patient care zone is guilty of a misdemeanor.
7.13(d) Notwithstanding paragraph (a), (b), or (c), it is a misdemeanor for a person
7.14authorized to carry a firearm under the provisions of a permit or otherwise to carry
a
7.15firearm on or about the person's clothes or person in a location the person knows
is school
7.16property
or in a patient care zone. Notwithstanding section
609.531, a firearm carried in
7.17violation of this paragraph is not subject to forfeiture.
7.18(e) As used in this subdivision:
7.19(1) "BB gun" means a device that fires or ejects a shot measuring .18 of an inch
7.20or less in diameter;
7.21(2) "dangerous weapon" has the meaning given it in section
609.02, subdivision 6;
7.22(3) "replica firearm" has the meaning given it in section
609.713;
and
7.23(4) "school property" means:
7.24(i) a public or private elementary, middle, or secondary school building and its
7.25improved grounds, whether leased or owned by the school;
7.26(ii) a child care center licensed under chapter 245A during the period children are
7.27present and participating in a child care program;
7.28(iii) the area within a school bus when that bus is being used by a school to
7.29transport one or more elementary, middle, or secondary school students to and from
7.30school-related activities, including curricular, cocurricular, noncurricular, extracurricular,
7.31and supplementary activities; and
7.32(iv) that portion of a building or facility under the temporary, exclusive control
7.33of a public or private school, a school district, or an association of such entities
where
7.34conspicuous signs are prominently posted at each entrance that give actual notice
to
7.35persons of the school-related use
; and
8.1(5) "patient care zone" has the meaning given in section 152.01, subdivision 24.
8.2(f) This subdivision does not apply to:
8.3(1) active licensed peace officers;
8.4(2) military personnel or students participating in military training, who are on-duty,
8.5performing official duties;
8.6(3) persons authorized to carry a pistol under section
624.714 while in a motor
8.7vehicle or outside of a motor vehicle to directly place a firearm in, or retrieve
it from, the
8.8trunk or rear area of the vehicle;
8.9(4) persons who keep or store in a motor vehicle pistols in accordance with section
8.10624.714
or
624.715 or other firearms in accordance with section
97B.045;
8.11(5) firearm safety or marksmanship courses or activities conducted on school
8.12property;
8.13(6) possession of dangerous weapons, BB guns, or replica firearms by a ceremonial
8.14color guard;
8.15(7) a gun or knife show held on school property;
8.16(8) possession of dangerous weapons, BB guns, or replica firearms with written
8.17permission of the principal or other person having general control and supervision
of the
8.18school or the director of a child care center; or
8.19(9) persons who are on unimproved property owned or leased by a child care center,
8.20school, or school district unless the person knows that a student is currently present
on the
8.21land for a school-related activity.
8.22(g) Notwithstanding section
471.634, a school district or other entity composed
8.23exclusively of school districts may not regulate firearms, ammunition, or their respective
8.24components, when possessed or carried by nonstudents or nonemployees, in a manner
8.25that is inconsistent with this subdivision.
8.26EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
8.27committed on or after that date.
8.28 Sec. 11. Minnesota Statutes 2014, section 609.713, is amended by adding a subdivision
8.29to read:
8.30 Subd. 4. Terroristic threats committed in patient care zone; increased penalties.
8.31(a) Any person who commits a violation of this section while in a patient care zone
or with
8.32knowledge that the person or persons threatened, terrorized, evacuated, or inconvenienced
8.33are located in a patient care zone, the statutory maximum for the crime is three years
8.34longer than the statutory maximum for the underlying crime.
9.1(b) For purposes of this subdivision, "patient care zone" has the meaning given in
9.2section 152.01, subdivision 24.
9.3EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
9.4committed on or after that date.