1.1 	A bill for an act
1.2 	relating to public safety; expanding the burglary
1.3 	crime; amending Minnesota Statutes 2004, section
1.4 	609.582, subdivisions 1, 2, 3.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2004, section 609.582,
1.7 	subdivision 1, is amended to read:
1.8 		Subdivision 1.Burglary in the first degree.  Whoever
1.9 	enters a building without consent and :  (1) with intent to
1.10 	commit a crime, or enters a building without consent ;and (2) 
1.11 	commits a crime while in the building, either directly or as an
1.12 	accomplice,; or (3) through the use of force,commits burglary
1.13 	in the first degree and may be sentenced to imprisonment for not
1.14 	more than 20 years or to payment of a fine of not more than
1.15 	$35,000, or both, if:
1.16 	(a) the building is a dwelling and another person, not an
1.17 	accomplice, is present in it when the burglar enters or at any
1.18 	time while the burglar is in the building;
1.19 	(b) the burglar possesses, when entering or at any time
1.20 	while in the building, any of the following:  a dangerous
1.21 	weapon, any article used or fashioned in a manner to lead the
1.22 	victim to reasonably believe it to be a dangerous weapon, or an
1.23 	explosive; or
1.24 	(c) the burglar assaults a person within the building or on
1.25 	the building's appurtenant property.
2.1 	
EFFECTIVE DATE. This section is effective August 1, 2005,
2.2 	and applies to crimes committed on or after that date.

2.3 	Sec. 2. Minnesota Statutes 2004, section 609.582,
2.4 	subdivision 2, is amended to read:
2.5 		Subd. 2.Burglary in the second degree.  Whoever enters a
2.6 	building without consent and :  (1) with intent to commit a
2.7 	crime, or enters a building without consent ;and (2) commits a
2.8 	crime while in the building, either directly or as an
2.9 	accomplice,; or (3) through the use of force,commits burglary
2.10 	in the second degree and may be sentenced to imprisonment for
2.11 	not more than ten years or to payment of a fine of not more than
2.12 	$20,000, or both, if:
2.13 	(a) the building is a dwelling;
2.14 	(b) the portion of the building entered contains a banking
2.15 	business or other business of receiving securities or other
2.16 	valuable papers for deposit or safekeeping and the entry is with
2.17 	force or threat of force;
2.18 	(c) the portion of the building entered contains a pharmacy
2.19 	or other lawful business or practice in which controlled
2.20 	substances are routinely held or stored, and the entry is
2.21 	forcible; or
2.22 	(d) when entering or while in the building, the burglar
2.23 	possesses a tool to gain access to money or property.
2.24 	
EFFECTIVE DATE. This section is effective August 1, 2005,
2.25 	and applies to crimes committed on or after that date.

2.26 	Sec. 3. Minnesota Statutes 2004, section 609.582,
2.27 	subdivision 3, is amended to read:
2.28 		Subd. 3.Burglary in the third degree.  Whoever enters a
2.29 	building without consent and :  (1) with intent to steal or
2.30 	commit any felony or gross misdemeanor while in the building, or
2.31 	enters a building without consent ;and (2) steals or commits a
2.32 	felony or gross misdemeanor while in the building, either
2.33 	directly or as an accomplice,; or (3) through the use of force,
2.34 	commits burglary in the third degree and may be sentenced to
2.35 	imprisonment for not more than five years or to payment of a
2.36 	fine of not more than $10,000, or both.
3.1 	
EFFECTIVE DATE. This section is effective August 1, 2005,
3.2 	and applies to crimes committed on or after that date.