1.1.................... moves to amend S. F. No. 970, the third engrossment, as amended, as
1.2follows:
1.3Page 248, after line 19, insert:
1.4 "Sec. .... Minnesota Statutes 2020, section 609.221, is amended to read:
1.5609.221 ASSAULT IN THE FIRST DEGREE.
1.6 Subdivision 1.
Great bodily harm. Whoever assaults another and inflicts great bodily
1.7harm may be sentenced to imprisonment for not more than 20 years or to payment of
a fine
1.8of not more than $30,000, or both.
1.9 Subd. 2.
Use of deadly force against peace officer, prosecuting attorney, judge,
1.10National Guard member, or correctional employee. (a) Whoever assaults a peace officer,
1.11prosecuting attorney, judge,
member of the National Guard, or correctional employee by
1.12using or attempting to use deadly force against the officer, attorney, judge,
member of the
1.13National Guard, or employee while the person is engaged in the performance of a duty
1.14imposed by law, policy, or rule may be sentenced to imprisonment for not more than
20
1.15years or to payment of a fine of not more than $30,000, or both.
1.16(b) A person convicted of assaulting a peace officer, prosecuting attorney, judge,
National
1.17Guard member, or correctional employee as described in paragraph (a) shall be committed
1.18to the commissioner of corrections for not less than ten years
, nor more than 20 years. A
1.19defendant convicted and sentenced as required by this paragraph is not eligible for
probation,
1.20parole, discharge, work release, or supervised release, until that person has served
the full
1.21term of imprisonment as provided by law, notwithstanding the provisions of sections
241.26,
1.22242.19,
243.05,
244.04,
609.12, and
609.135. Notwithstanding section
609.135, the court
1.23may not stay the imposition or execution of this sentence.
2.1 Subd. 3. Great bodily harm; peace officer, prosecuting attorney, judge, National
2.2Guard member, or correctional employee. (a) Whoever assaults a peace officer,
2.3prosecuting attorney, judge, member of the National Guard, or correctional employee
and
2.4inflicts great bodily harm on the officer, attorney, judge, member of the National
Guard, or
2.5correctional employee while the person is engaged in the performance of a duty imposed
2.6by law, policy, or rule may be sentenced to imprisonment for not more than 25 years
or to
2.7payment of a fine of not more than $35,000, or both.
2.8(b) A person convicted of assaulting a peace officer, prosecuting attorney, judge,
member
2.9of the National Guard, or correctional employee as described in paragraph (a) shall
be
2.10committed to the commissioner of corrections for not less than 15 years. A defendant
2.11convicted and sentenced as required by this paragraph is not eligible for probation,
parole,
2.12discharge, work release, or supervised release, until that person has served the full
term of
2.13imprisonment as provided by law, notwithstanding the provisions of sections
241.26,
242.19,
2.14243.05,
244.04,
609.12, and
609.135. Notwithstanding section
609.135, the court may not
2.15stay the imposition or execution of this sentence.
2.16 Subd. 4. Use of dangerous weapon or deadly force resulting in great bodily harm
2.17against peace officer, prosecuting attorney, judge, National Guard member, or
2.18correctional employee. (a) Whoever assaults and inflicts great bodily harm on a peace
2.19officer, prosecuting attorney, judge, member of the National Guard, or correctional
employee
2.20with a dangerous weapon or by using or attempting to use deadly force against the
officer,
2.21attorney, judge, member of the National Guard, or correctional employee while the
person
2.22is engaged in the performance of a duty imposed by law, policy, or rule may be sentenced
2.23to imprisonment for not more than 30 years or to payment of a fine of not more than
$40,000,
2.24or both.
2.25(b) A person convicted of assaulting a peace officer, prosecuting attorney, judge,
member
2.26of the National Guard, or correctional employee as described in paragraph (a) shall
be
2.27committed to the commissioner of corrections for not less than 25 years. A defendant
2.28convicted and sentenced as required by this paragraph is not eligible for probation,
parole,
2.29discharge, work release, or supervised release, until that person has served the full
term of
2.30imprisonment as provided by law, notwithstanding the provisions of sections
241.26,
242.19,
2.31243.05,
244.04,
609.12, and
609.135. Notwithstanding section
609.135, the court may not
2.32stay the imposition or execution of this sentence.
2.33 Subd. 5. Definitions. (c) As used in this
subdivision section:
3.1(1) "correctional employee" means an employee of a public or private prison, jail,
or
3.2workhouse;
3.3(2) "deadly force" has the meaning given in section
609.066, subdivision 1;
3.4(3) "peace officer" has the meaning given in section
626.84, subdivision 1;
3.5(4) "prosecuting attorney" means an attorney, with criminal prosecution or civil
3.6responsibilities, who is the attorney general, a political subdivision's elected or
appointed
3.7county or city attorney, or a deputy, assistant, or special assistant of any of these;
and
3.8(5) "judge" means a judge or justice of any court of this state that is established
by the
3.9Minnesota Constitution
; and
3.10(6) "member of the National Guard" has the meaning given in section 192.01.
3.11EFFECTIVE DATE.This section is effective August 1, 2021, and applies to crimes
3.12committed on or after that date."
3.13Renumber the sections in sequence and correct the internal references
3.14Amend the title accordingly