Minnesota Legislature
HF 1926
as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 03/17/2005 |
Current Version - as introduced
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A bill for an act
relating to public safety; expanding the burglary
crime; amending Minnesota Statutes 2004, section
609.582, subdivisions 1, 2, 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2004, section 609.582,
subdivision 1, is amended to read:
Subdivision 1.
Burglary in the first degree.
Whoever
enters a building without consent deleted text begin and deleted text end new text begin : (1) new text end with intent to
commit a crimedeleted text begin , or enters a building without consent deleted text end new text begin ;new text end and new text begin (2)
new text end
commits a crime while in the building, either directly or as an
accomplicedeleted text begin ,deleted text end new text begin ; or (3) through the use of force,new text end commits burglary
in the first degree and may be sentenced to imprisonment for not
more than 20 years or to payment of a fine of not more than
$35,000, or both, if:
(a) the building is a dwelling and another person, not an
accomplice, is present in it when the burglar enters or at any
time while the burglar is in the building;
(b) the burglar possesses, when entering or at any time
while in the building, any of the following: a dangerous
weapon, any article used or fashioned in a manner to lead the
victim to reasonably believe it to be a dangerous weapon, or an
explosive; or
(c) the burglar assaults a person within the building or on
the building's appurtenant property.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2004, section 609.582,
subdivision 2, is amended to read:
Subd. 2.
Burglary in the second degree.
Whoever enters a
building without consent deleted text begin and deleted text end new text begin : (1) new text end with intent to commit a
crimedeleted text begin , or enters a building without consent deleted text end new text begin ;new text end and new text begin (2) new text end commits a
crime while in the building, either directly or as an
accomplicedeleted text begin ,deleted text end new text begin ; or (3) through the use of force,new text end commits burglary
in the second degree and may be sentenced to imprisonment for
not more than ten years or to payment of a fine of not more than
$20,000, or both, if:
(a) the building is a dwelling;
(b) the portion of the building entered contains a banking
business or other business of receiving securities or other
valuable papers for deposit or safekeeping and the entry is with
force or threat of force;
(c) the portion of the building entered contains a pharmacy
or other lawful business or practice in which controlled
substances are routinely held or stored, and the entry is
forcible; or
(d) when entering or while in the building, the burglar
possesses a tool to gain access to money or property.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end
Sec. 3.
Minnesota Statutes 2004, section 609.582,
subdivision 3, is amended to read:
Subd. 3.
Burglary in the third degree.
Whoever enters a
building without consent deleted text begin and deleted text end new text begin : (1) new text end with intent to steal or
commit any felony or gross misdemeanor while in the buildingdeleted text begin , or
enters a building without consent deleted text end new text begin ;new text end and new text begin (2) new text end steals or commits a
felony or gross misdemeanor while in the building, either
directly or as an accomplicedeleted text begin ,deleted text end new text begin ; or (3) through the use of force,
new text end
commits burglary in the third degree and may be sentenced to
imprisonment for not more than five years or to payment of a
fine of not more than $10,000, or both.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end