as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to crime; increasing the minimum sentence for 1.3 certain firearms offenses; amending Minnesota Statutes 1.4 1996, section 609.11, subdivision 5. 1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.6 Section 1. Minnesota Statutes 1996, section 609.11, 1.7 subdivision 5, is amended to read: 1.8 Subd. 5. [FIREARM.] (a) Except as otherwise provided in 1.9 paragraph (b), any defendant convicted of an offense listed in 1.10 subdivision 9 in which the defendant or an accomplice, at the 1.11 time of the offense, had in possession or used, whether by 1.12 brandishing, displaying, threatening with, or otherwise 1.13 employing, a firearm, shall be committed to the commissioner of 1.14 corrections for not less than three years, nor more than the 1.15 maximum sentence provided by law. Any defendant convicted of a 1.16 second or subsequent offense in which the defendant or an 1.17 accomplice, at the time of the offense, had in possession or 1.18 used a firearm shall be committed to the commissioner of 1.19 corrections for not less than five years, nor more than the 1.20 maximum sentence provided by law. 1.21 (b) Any defendant convicted of violating section 609.165 or 1.22 624.713, subdivision 1, clause (b), shall be committed to the 1.23 commissioner of corrections for not less than18 monthsfive 1.24 years, nor more than the maximum sentence provided by law.Any1.25defendant convicted of a second or subsequent violation of2.1either of these sections shall be committed to the commissioner2.2of corrections for not less than five years, nor more than the2.3maximum sentence provided by law.2.4 Sec. 2. [EFFECTIVE DATE.] 2.5 Section 1 is effective August 1, 1998, and applies to 2.6 crimes committed on or after that date.