1.1 	A bill for an act
1.2 	relating to public safety; including certain factors that are not elements of 
1.3 	the crime of conviction when determining aggravated sentencing departures;
1.4 	amending Minnesota Statutes 2008, section 244.10, by adding a subdivision.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2008, section 244.10, is amended by adding a 
1.7 	subdivision to read:
1.8 		Subd. 5a.Aggravating factors. Notwithstanding section 609.035 or 609.04 or other 
1.9 	law to the contrary, when a court sentences an offender for a felony conviction, the court 
1.10 	may order an aggravated sentence based on any aggravating factor that is not an element 
1.11 	of the crime of conviction being sentenced, regardless of whether the factor constitutes 
1.12 	an element of another crime of conviction in the same prosecution, or uncharged acts or 
1.13 	behavior occurring during the same course of conduct in the same prosecution.