1.1 	A bill for an act
1.2 	relating to crimes; making it a crime to strangle a
1.3 	family or household member; making necessary
1.4 	corresponding changes to other laws; defining the new
1.5 	strangulation crime as a "crime of violence;" amending
1.6 	Minnesota Statutes 2004, sections 609.02, subdivision
1.7 	16; 609.2242, subdivision 3; 624.712, subdivision 5;
1.8 	proposing coding for new law in Minnesota Statutes,
1.9 	chapter 609.
1.10 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.11 	Section 1. Minnesota Statutes 2004, section 609.02,
1.12 	subdivision 16, is amended to read:
1.13 		Subd. 16.Qualified domestic violence-related offense.
 1.14 	"Qualified domestic violence-related offense" includes the
1.15 	following offenses:  sections 518B.01, subdivision 14 (violation
1.16 	of domestic abuse order for protection); 609.221 (first-degree
1.17 	assault); 609.222 (second-degree assault); 609.223 (third-degree
1.18 	assault); 609.2231 (fourth-degree assault); 609.224
1.19 	(fifth-degree assault); 609.2242 (domestic assault); 609.2247
1.20 	(domestic assault by strangulation);609.342 (first-degree
1.21 	criminal sexual conduct); 609.343 (second-degree criminal sexual
1.22 	conduct); 609.344 (third-degree criminal sexual conduct);
1.23 	609.345 (fourth-degree criminal sexual conduct); 609.377
1.24 	(malicious punishment of a child); 609.713 (terroristic
1.25 	threats); 609.748, subdivision 6 (violation of harassment
1.26 	restraining order); and 609.749 (harassment/stalking); and
1.27 	similar laws of other states, the United States, the District of
2.1 	Columbia, tribal lands, and United States territories.

2.2 	Sec. 2. Minnesota Statutes 2004, section 609.2242,
2.3 	subdivision 3, is amended to read:
2.4 		Subd. 3.Domestic assaults; firearms.  (a) When a person
2.5 	is convicted of a violation of this section or section 609.221,
2.6 	609.222, 609.223, or 609.224, or 609.2247,the court shall
2.7 	determine and make written findings on the record as to whether:
2.8 	(1) the assault was committed against a family or household
2.9 	member, as defined in section 518B.01, subdivision 2;
2.10 	(2) the defendant owns or possesses a firearm; and
2.11 	(3) the firearm was used in any way during the commission
2.12 	of the assault.
2.13 	(b) If the court determines that the assault was of a
2.14 	family or household member, and that the offender owns or
2.15 	possesses a firearm and used it in any way during the commission
2.16 	of the assault, it shall order that the firearm be summarily
2.17 	forfeited under section 609.5316, subdivision 3.
2.18 	(c) When a person is convicted of assaulting a family or
2.19 	household member and is determined by the court to have used a
2.20 	firearm in any way during commission of the assault, the court
2.21 	may order that the person is prohibited from possessing any type
2.22 	of firearm for any period longer than three years or for the
2.23 	remainder of the person's life.  A person who violates this
2.24 	paragraph is guilty of a gross misdemeanor.  At the time of the
2.25 	conviction, the court shall inform the defendant whether and for
2.26 	how long the defendant is prohibited from possessing a firearm
2.27 	and that it is a gross misdemeanor to violate this paragraph.
2.28 	The failure of the court to provide this information to a
2.29 	defendant does not affect the applicability of the firearm
2.30 	possession prohibition or the gross misdemeanor penalty to that
2.31 	defendant.
2.32 	(d) Except as otherwise provided in paragraph (c), when a
2.33 	person is convicted of a violation of this section or section
2.34 	609.224 and the court determines that the victim was a family or
2.35 	household member, the court shall inform the defendant that the
2.36 	defendant is prohibited from possessing a pistol for three years
3.1 	from the date of conviction and that it is a gross misdemeanor
3.2 	offense to violate this prohibition.  The failure of the court
3.3 	to provide this information to a defendant does not affect the
3.4 	applicability of the pistol possession prohibition or the gross
3.5 	misdemeanor penalty to that defendant.
3.6 	(e) Except as otherwise provided in paragraph (c), a person
3.7 	is not entitled to possess a pistol if the person has been
3.8 	convicted after August 1, 1992, of domestic assault under this
3.9 	section or assault in the fifth degree under section 609.224 and
3.10 	the assault victim was a family or household member as defined
3.11 	in section 518B.01, subdivision 2, unless three years have
3.12 	elapsed from the date of conviction and, during that time, the
3.13 	person has not been convicted of any other violation of this
3.14 	section or section 609.224.  Property rights may not be abated
3.15 	but access may be restricted by the courts.  A person who
3.16 	possesses a pistol in violation of this paragraph is guilty of a
3.17 	gross misdemeanor.

3.18 	Sec. 3. [609.2247] DOMESTIC ASSAULT BY STRANGULATION.
3.19 		Subdivision 1.Definitions. (a) As used in this section,
3.20 	the following terms have the meanings given.
3.21 	(b) "Family or household members" has the meaning given in
3.22 	section 518B.01, subdivision 2.
3.23 	(c) "Strangulation" means intentionally impeding normal
3.24 	breathing or circulation of the blood by applying pressure on
3.25 	the throat or neck or by blocking the nose or mouth of another
3.26 	person.
3.27 		Subd. 2.Crime. Unless a greater penalty is provided
3.28 	elsewhere, whoever assaults a family or household member by
3.29 	strangulation is guilty of a felony and may be sentenced to
3.30 	imprisonment for not more than five years or to payment of a
3.31 	fine of not more than $10,000 or both.

3.32 	Sec. 4. Minnesota Statutes 2004, section 624.712,
3.33 	subdivision 5, is amended to read:
3.34 		Subd. 5.Crime of violence.  "Crime of violence" means:
3.35 	felony convictions of the following offenses:  sections 609.185
3.36 	(murder in the first degree); 609.19 (murder in the second
4.1 	degree); 609.195 (murder in the third degree); 609.20
4.2 	(manslaughter in the first degree); 609.205 (manslaughter in the
4.3 	second degree); 609.215 (aiding suicide and aiding attempted
4.4 	suicide); 609.221 (assault in the first degree); 609.222
4.5 	(assault in the second degree); 609.223 (assault in the third
4.6 	degree); 609.2231 (assault in the fourth degree); 609.2247
4.7 	(domestic assault by strangulation);609.229 (crimes committed
4.8 	for the benefit of a gang); 609.235 (use of drugs to injure or
4.9 	facilitate crime); 609.24 (simple robbery); 609.245 (aggravated
4.10 	robbery); 609.25 (kidnapping); 609.255 (false imprisonment);
4.11 	609.342 (criminal sexual conduct in the first degree); 609.343
4.12 	(criminal sexual conduct in the second degree); 609.344
4.13 	(criminal sexual conduct in the third degree); 609.345 (criminal
4.14 	sexual conduct in the fourth degree); 609.377 (malicious
4.15 	punishment of a child); 609.378 (neglect or endangerment of a
4.16 	child); 609.486 (commission of crime while wearing or possessing
4.17 	a bullet-resistant vest); 609.52 (involving theft of a firearm,
4.18 	theft involving the intentional taking or driving of a motor
4.19 	vehicle without the consent of the owner or authorized agent of
4.20 	the owner, theft involving the taking of property from a
4.21 	burning, abandoned, or vacant building, or from an area of
4.22 	destruction caused by civil disaster, riot, bombing, or the
4.23 	proximity of battle, and theft involving the theft of a
4.24 	controlled substance, an explosive, or an incendiary device);
4.25 	609.561 (arson in the first degree); 609.562 (arson in the
4.26 	second degree); 609.582, subdivision 1, 2, or 3 (burglary in the
4.27 	first through third degrees); 609.66, subdivision 1e (drive-by
4.28 	shooting); 609.67 (unlawfully owning, possessing, operating a
4.29 	machine gun or short-barreled shotgun); 609.71 (riot); 609.713
4.30 	(terroristic threats); 609.749 (harassment and stalking);
4.31 	609.855, subdivision 5 (shooting at a public transit vehicle or
4.32 	facility); and chapter 152 (drugs, controlled substances); and
4.33 	an attempt to commit any of these offenses.

4.34 	Sec. 5. EFFECTIVE DATE.
 4.35 	Sections 1 to 4 are effective August 1, 2005, and apply to
4.36 	crimes committed on or after that date.