Minnesota Session Laws - 2008, Regular Session

CHAPTER 304--H.F.No. 2877

An act

relating to public safety; establishing crime of disarming a peace officer; providing criminal penalties;

amending Minnesota Statutes 2006, section 609.50, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 609.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 609.50, subdivision 2, is amended to read:

Subd. 2.

Penalty.

A person convicted of violating subdivision 1 may be sentenced as follows:

(1) if (i) the person knew or had reason to know that the act created a risk of death, substantial bodily harm, or serious property damage; or (ii) the act caused death, substantial bodily harm, or serious property damage; deleted text begin or (iii) the act involved the intentional disarming of a peace officer by taking or attempting to take the officer's firearm from the officer's possession without the officer's consent; deleted text end to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both;

(2) if the act was accompanied by force or violence or the threat thereof, and is not otherwise covered by clause (1), to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both; or

(3) in other cases, to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2008, and applies to crimes committed on or after that date. new text end

Sec. 2.

new text begin [609.504] DISARMING A PEACE OFFICER. new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin As used in this section, "defensive device" includes a firearm; a dangerous weapon; an authorized tear gas compound, as defined in section 624.731, subdivision 1; an electronic incapacitation device, as defined in section 624.731, subdivision 1; a club or baton; and any item issued by a peace officer's employer to the officer to assist in the officer's protection. new text end

new text begin Subd. 2. new text end

new text begin Crime described. new text end

new text begin Whoever intentionally takes possession of a defensive device being carried by a peace officer or from the area within the officer's immediate control, without the officer's consent while the officer is engaged in the performance of official duties, is guilty of a crime and may be sentenced as provided in subdivision 3. new text end

new text begin Subd. 3. new text end

new text begin Penalty. new text end

new text begin A person who violates this section is guilty of a felony and may be sentenced to imprisonment for not more than five years, payment of a fine of not more than $10,000, or both. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2008, and applies to crimes committed on or after that date. new text end

Presented to the governor May 9, 2008

Signed by the governor May 13, 2008, 8:20 p.m.