1.1 	A bill for an act
1.2 	relating to crime; imposing a mandatory minimum
1.3 	sentence upon persons convicted of assaulting a
1.4 	correctional employee; amending Minnesota Statutes
1.5 	2004, sections 609.222, by adding a subdivision;
1.6 	609.223, by adding a subdivision; 609.2231,
1.7 	subdivision 3; 609.224, by adding a subdivision.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. Minnesota Statutes 2004, section 609.222, is
1.10 	amended by adding a subdivision to read:
1.11 		Subd. 3.Correctional employee; minimum sentence. (a)
1.12 	Whoever assaults a correctional employee with a dangerous weapon
1.13 	while the employee is engaged in the performance of a duty
1.14 	imposed by law, policy, or rule may be sentenced to seven years
1.15 	or to payment of a fine of not more than $14,000, or both.
1.16 	(b) A person convicted of assaulting a correctional
1.17 	employee as described in paragraph (a) shall be committed to the
1.18 	commissioner of corrections for not less than 42 months, nor
1.19 	more than seven years.  A defendant convicted and sentenced as
1.20 	required by this paragraph is not eligible for probation,
1.21 	parole, discharge, work release, or supervised release until
1.22 	that person has served the full term of imprisonment as provided
1.23 	by law, notwithstanding sections 241.26, 242.19, 243.05, 244.04,
1.24 	609.12, and 609.135.  Notwithstanding section 609.135, the court
1.25 	may not stay the imposition or execution of this sentence.
1.26 	(c) Whoever assaults a correctional employee with a
2.1 	dangerous weapon and inflicts substantial bodily harm while the
2.2 	employee is engaged in the performance of a duty imposed by law,
2.3 	policy, or rule may be sentenced to imprisonment for not more
2.4 	than ten years or to payment of a fine of not more than $20,000,
2.5 	or both.
2.6 	(d) A person convicted of assaulting a correctional
2.7 	employee as described in paragraph (c) shall be committed to the
2.8 	commissioner of corrections for not less than five years, nor
2.9 	more than ten years.  A defendant convicted and sentenced as
2.10 	required by this paragraph is not eligible for probation,
2.11 	parole, discharge, work release, or supervised release until
2.12 	that person has served the full term of imprisonment as provided
2.13 	by law, notwithstanding sections 241.26, 242.19, 243.05, 244.04,
2.14 	609.12, and 609.135.  Notwithstanding section 609.135, the court
2.15 	may not stay the imposition or execution of this sentence.
2.16 	(e) As used in this subdivision, "correctional employee"
2.17 	means an employee of a public or private prison, jail, or
2.18 	workhouse.

2.19 	Sec. 2. Minnesota Statutes 2004, section 609.223, is
2.20 	amended by adding a subdivision to read:
2.21 		Subd. 4.Correctional employees; minimum sentence. (a)
2.22 	Whoever assaults a correctional employee and inflicts
2.23 	substantial bodily harm while the employee is engaged in the
2.24 	performance of a duty imposed by law, policy, or rule may be
2.25 	sentenced to imprisonment for not more than five years.
2.26 	(b) A person convicted of assaulting a correctional
2.27 	employee as described in paragraph (a) shall be committed to the
2.28 	commissioner of corrections for not less than 30 months, nor
2.29 	more than five years.  A defendant convicted and sentenced as
2.30 	required by this paragraph is not eligible for probation,
2.31 	parole, discharge, work release, or supervised release until
2.32 	that person has served the full term of imprisonment as provided
2.33 	by law, notwithstanding sections 241.26, 242.19, 243.05, 244.04,
2.34 	609.12, and 609.135.  Notwithstanding section 609.135, the court
2.35 	may not stay the imposition or execution of this sentence.
2.36 	(c) As used in this subdivision, "correctional employee"
3.1 	means an employee of a public or private prison, jail, or
3.2 	workhouse.

3.3 	Sec. 3. Minnesota Statutes 2004, section 609.2231,
3.4 	subdivision 3, is amended to read:
3.5 		Subd. 3.Correctional employees; probation officers. (a) 
3.6 	Whoever commits either of the following acts against an employee
3.7 	of a correctional facility as defined in section 241.021,
3.8 	subdivision 1, paragraph (f), or against a probation officer or
3.9 	other qualified person employed in supervising offenders while
3.10 	the employee, officer, or person is engaged in the performance
3.11 	of a duty imposed by law, policy, or rule is guilty of a felony
3.12 	and may be sentenced to imprisonment for not less than one year
3.13 	and a day nor more than two years or to payment of a fine of not
3.14 	more than $4,000, or both:
3.15 	(1) assaults the employee and inflicts demonstrable bodily
3.16 	harm; or
3.17 	(2) intentionally throws or otherwise transfers bodily
3.18 	fluids or feces at or onto the employee.
3.19 	(b) A defendant convicted and sentenced as required by
3.20 	paragraph (a) is not eligible for probation, parole, discharge,
3.21 	work release, or supervised release until that person has served
3.22 	the full term of imprisonment as provided by law,
3.23 	notwithstanding sections 241.26, 242.19, 243.05, 244.04, 609.12,
3.24 	and 609.135.  Notwithstanding section 609.135, the court may not
3.25 	stay the imposition or execution of this sentence.
3.26 	(c) As used in this subdivision, "correctional employee"
3.27 	means an employee of a public or private prison, jail, or
3.28 	workhouse.

3.29 	Sec. 4. Minnesota Statutes 2004, section 609.224, is
3.30 	amended by adding a subdivision to read:
3.31 		Subd. 5.Correctional employee; minimum sentence. (a)
3.32 	Whoever violates subdivision 1 against a correctional employee
3.33 	while the employee is engaged in the performance of a duty
3.34 	imposed by law, policy, or rule may be sentenced to not less
3.35 	than 45 days nor more than 90 days or to payment of a fine of
3.36 	not more than $1,000, or both.
4.1 	(b) A defendant convicted and sentenced as required by
4.2 	paragraph (a) is not eligible for probation, parole, discharge,
4.3 	work release, or supervised release until that person has served
4.4 	the full term of imprisonment as provided by law,
4.5 	notwithstanding sections 241.26, 242.19, 243.05, 244.04, 609.12,
4.6 	and 609.135.  Notwithstanding section 609.135, the court may not
4.7 	stay the imposition or execution of this sentence.
4.8 	(c) As used in this subdivision, "correctional employee"
4.9 	means an employee of a public or private prison, jail, or
4.10 	workhouse.

4.11 	Sec. 5. EFFECTIVE DATE.
 4.12 	Sections 1 to 4 are effective August 1, 2005, and apply to
4.13 	crimes committed on or after that date.