Minnesota HF 43: Gross misdemeanor maximum term of incarceration set at 364 days.

Bill Text

1.1 A bill for an act​
1.2 relating to public safety; setting the maximum term of incarceration for a gross​
1.3 misdemeanor at 364 days; amending Minnesota Statutes 2022, sections 609.02,​
1.4 subdivision 2; 609.03; 609.105, subdivisions 1, 3; 609.1055; proposing coding for​
1.5 new law in Minnesota Statutes, chapter 609.​
1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.7 Section 1. Minnesota Statutes 2022, section 609.02, subdivision 2, is amended to read:​
1.8 Subd. 2.Felony."Felony" means a crime for which a sentence of imprisonment for​
1.9 more than one year or more may be imposed.​
1.10 EFFECTIVE DATE.This section is effective the day following final enactment.​
1.11 Sec. 2. Minnesota Statutes 2022, section 609.03, is amended to read:​
1.12 609.03 PUNISHMENT WHEN NOT OTHERWISE FIXED.​
1.13 If a person is convicted of a crime for which no punishment is otherwise provided the​
1.14 person may be sentenced as follows:​
1.15 (1) If the crime is a felony, to imprisonment for not more than five years or to payment​
1.16 of a fine of not more than $10,000, or both; or​
1.17 (2) If the crime is a gross misdemeanor, to imprisonment for not more than one year​
1.18 364 days or to payment of a fine of not more than $3,000, or both; or​
1.19 (3) If the crime is a misdemeanor, to imprisonment for not more than 90 days or to​
1.20 payment of a fine of not more than $1,000, or both; or​
1​Sec. 2.​
REVISOR H0043-1​HF43 FIRST ENGROSSMENT​
33​
Printed​
Page No.​State of Minnesota​
This Document can be made available​
in alternative formats upon request​
HOUSE OF REPRESENTATIVES​
H. F. No. 43​
NINETY-THIRD SESSION​
Authored by Feist, Pinto, Moller, Gomez, Hornstein and others​01/04/2023​
The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy​
Adoption of Report: Placed on the General Register as Amended​01/30/2023​
Read for the Second Time​
Calendar for the Day​02/16/2023​
Read for the Third Time​
Passed by the House and transmitted to the Senate​

2.1 (4) If the crime is other than a misdemeanor and a fine is imposed but the amount is not​
2.2 specified, to payment of a fine of not more than $1,000, or to imprisonment for a specified​
2.3 term of not more than six months if the fine is not paid.​
2.4 EFFECTIVE DATE.This section is effective the day following final enactment and​
2.5 applies to offenders receiving a gross misdemeanor sentence before, on, or after that date.​
2.6 Sec. 3. [609.0342] MAXIMUM PUNISHMENT FOR GROSS MISDEMEANORS.​
2.7 (a) Any law of this state that provides for a maximum sentence of imprisonment of one​
2.8 year or is defined as a gross misdemeanor shall be deemed to provide for a maximum fine​
2.9 of $3,000 and a maximum sentence of imprisonment of 364 days.​
2.10 (b) Any sentence of imprisonment for one year or 365 days imposed or executed before​
2.11 July 1, 2023, shall be deemed to be a sentence of imprisonment for 364 days. A court may​
2.12 at any time correct or reduce such a sentence pursuant to rule 27.03, subdivision 9, of the​
2.13 Rules of Criminal Procedure and shall issue a corrected sentencing order upon motion of​
2.14 any eligible defendant.​
2.15 EFFECTIVE DATE.This section is effective the day following final enactment and​
2.16 applies to offenders receiving a gross misdemeanor sentence before, on, or after that date.​
2.17 Sec. 4. Minnesota Statutes 2022, section 609.105, subdivision 1, is amended to read:​
2.18 Subdivision 1.Sentence to more than one year or more.A felony sentence to​
2.19 imprisonment for more than one year or more shall commit the defendant to the custody of​
2.20 the commissioner of corrections.​
2.21 EFFECTIVE DATE.This section is effective the day following final enactment.​
2.22 Sec. 5. Minnesota Statutes 2022, section 609.105, subdivision 3, is amended to read:​
2.23 Subd. 3.Sentence to less than one year or less.A sentence to imprisonment for a period​
2.24 of less than one year or any lesser period shall be to a workhouse, work farm, county jail,​
2.25 or other place authorized by law.​
2.26 EFFECTIVE DATE.This section is effective the day following final enactment.​
2​Sec. 5.​
REVISOR H0043-1​HF43 FIRST ENGROSSMENT​

3.1 Sec. 6. Minnesota Statutes 2022, section 609.1055, is amended to read:​
3.2 609.1055 OFFENDERS WITH SERIOUS AND PERSISTENT MENTAL ILLNESS;​
3.3 ALTERNATIVE PLACEMENT.​
3.4 When a court intends to commit an offender with a serious and persistent mental illness,​
3.5 as defined in section 245.462, subdivision 20, paragraph (c), to the custody of the​
3.6 commissioner of corrections for imprisonment at a state correctional facility, either when​
3.7 initially pronouncing a sentence or when revoking an offender's probation, the court, when​
3.8 consistent with public safety, may instead place the offender on probation or continue the​
3.9 offender's probation and require as a condition of the probation that the offender successfully​
3.10 complete an appropriate su