1.1 	A bill for an act
1.2 	relating to crime prevention and public safety;
1.3 	requiring life without release sentences for
1.4 	first-degree criminal sexual conduct offenders;
1.5 	amending Minnesota Statutes 2004, sections 609.106,
1.6 	subdivision 2; 609.342, subdivision 2; repealing
1.7 	Minnesota Statutes 2004, section 609.342, subdivision
1.8 	3.
1.9 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10 	Section 1. Minnesota Statutes 2004, section 609.106,
1.11 	subdivision 2, is amended to read:
1.12 		Subd. 2.Life without release.  The court shall sentence
1.13 	a person to life imprisonment without possibility of release
1.14 	under the following circumstances:
1.15 	(1) the person is convicted of first-degree murder under
1.16 	section 609.185, paragraph (a), clause (2), (4), or (7);
1.17 	(2) the person is convicted of committing first-degree
1.18 	murder in the course of a kidnapping under section 609.185,
1.19 	clause (3); or 
1.20 	(3) the person is convicted of first-degree criminal sexual
1.21 	conduct under section 609.342; or 
1.22 	(4) the person is convicted of first-degree murder under
1.23 	section 609.185, clause (1), (3), (5), or (6), and the court
1.24 	determines on the record at the time of sentencing that the
1.25 	person has one or more previous convictions for a heinous crime.
1.26 	
EFFECTIVE DATE. This section is effective August 1, 2005,
1.27 	and applies to crimes committed on or after that date.

2.1 	Sec. 2. Minnesota Statutes 2004, section 609.342,
2.2 	subdivision 2, is amended to read:
2.3 		Subd. 2.Penalty. (a) Except as otherwise provided in
2.4 	section 609.109,A person convicted under subdivision 1
2.5 	may shall be sentenced to imprisonment for not more than 30
2.6 	years or life.  In addition, the person may be sentenced to a 
2.7 	payment of a fine of not more than $40,000, or both.
2.8 	(b) Unless a longer mandatory minimum sentence is otherwise
2.9 	required by law or the Sentencing Guidelines provide for a
2.10 	longer presumptive executed sentence, the court shall presume
2.11 	that an executed sentence of 144 months must be imposed on an
2.12 	offender convicted of violating this section.  Sentencing a
2.13 	person in a manner other than that described in this paragraph
2.14 	is a departure from the Sentencing Guidelines.
2.15 	
EFFECTIVE DATE. This section is effective August 1, 2005,
2.16 	and applies to crimes committed on or after that date.

2.17 	Sec. 3. REVISOR'S INSTRUCTION.
 2.18 	The revisor of statutes shall make technical changes
2.19 	necessitated by this act and include them in the 2006 statutes.

2.20 	EFFECTIVE DATE. This section is effective August 1, 2005.

2.21 	Sec. 4. REPEALER.
 2.22 	Minnesota Statutes 2004, section 609.342, subdivision 3, is
2.23 	repealed.

2.24 	EFFECTIVE DATE. This section is effective August 1, 2005,
2.25 	and applies to crimes committed on or after that date.