Bill Text: MN SF2783 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Controlled substance criminal sentences and sentencing guidelines commission modifications
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-03-19 - Referred to Judiciary [SF2783 Detail]
Download: Minnesota-2013-SF2783-Introduced.html
1.2relating to public safety; adjusting criminal sentences for certain controlled
1.3substance offenses; amending Minnesota Statutes 2012, sections 152.01,
1.4subdivision 16a; 152.021, subdivisions 1, 2; 152.022, subdivisions 1, 2; 152.023,
1.5subdivisions 1, 2; 244.09, subdivisions 2, 3, 11; proposing coding for new law in
1.6Minnesota Statutes, chapter 152.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 152.01, subdivision 16a, is amended to read:
1.9 Subd. 16a. Subsequent controlled substance conviction.Notwithstanding section
1.10152.18, subdivision 1, A "subsequent controlled substance conviction" means that before
1.11commission of the offense for which the person is convicted under this chapter, the person
1.12received a disposition for a felony-level offense under section
152.18, subdivision 1, was
1.13convicted in Minnesota of a felony violation of this chapter or a felony-level attempt or
1.14conspiracy to violate this chapter, or was convicted elsewhere for conduct that would have
1.15been a felony under this chapter if committed in Minnesota. Anearlier disposition for a
1.16felony-level offense under section
152.18, subdivision 1, or an earlier conviction is not
1.17relevant if ten years have elapsed since discharge from sentence or stay of adjudication. A
1.18disposition under section 152.18, subdivision 1, is not a subsequent controlled substance
1.19conviction.
1.20 Sec. 2. Minnesota Statutes 2012, section 152.021, subdivision 1, is amended to read:
1.21 Subdivision 1. Sale crimes. A person is guilty of controlled substance crime in
1.22the first degree if:
2.1(1) on one or more occasions within a 90-day period the person unlawfully sells one
2.2or more mixtures of a total weight often 20 grams or more containing cocaine, heroin, or
2.3methamphetamine;
2.4(2) on one or more occasions within a 90-day period the person unlawfully sells one
2.5or more mixtures of a total weight of50 100 grams or more containing a narcotic drug
2.6other than cocaine, heroin, or methamphetamine;
2.7(3) on one or more occasions within a 90-day period the person unlawfully sells one
2.8or more mixtures of a total weight of50 100 grams or more containing amphetamine,
2.9phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units,
2.10equaling 200 or more dosage units; or
2.11(4) on one or more occasions within a 90-day period the person unlawfully sells one
2.12or more mixtures of a total weight of50 100 kilograms or more containing marijuana or
2.13Tetrahydrocannabinols, or one or more mixtures of a total weight of25 50 kilograms or
2.14more containing marijuana or Tetrahydrocannabinols in a school zone, a park zone, a
2.15public housing zone, or a drug treatment facility.
2.16 Sec. 3. Minnesota Statutes 2012, section 152.021, subdivision 2, is amended to read:
2.17 Subd. 2. Possession crimes. (a) A person is guilty of a controlled substance crime
2.18in the first degree if:
2.19(1) the person unlawfully possesses one or more mixtures of a total weight of25 50
2.20 grams or more containing cocaine, heroin, or methamphetamine;
2.21(2) the person unlawfully possesses one or more mixtures of a total weight of500
2.22grams one kilogram or more containing a narcotic drug other than cocaine, heroin, or
2.23methamphetamine;
2.24(3) the person unlawfully possesses one or more mixtures of a total weight of500
2.25grams one kilogram or more containing amphetamine, phencyclidine, or hallucinogen
2.26or, if the controlled substance is packaged in dosage units, equaling500 1,000 or more
2.27dosage units;or
2.28(4) the person unlawfully possesses one or more mixtures of a total weight of 100
2.29kilograms or more containing marijuana or Tetrahydrocannabinols; or
2.30(5) the person unlawfully possesses 200 or more marijuana plants. This clause
2.31does not limit the power of the state to punish a person for conduct that constitutes a
2.32crime under other laws of this state.
2.33(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
2.34not be considered in measuring the weight of a mixture except in cases where the mixture
2.35contains four or more fluid ounces of fluid.
3.1 Sec. 4. Minnesota Statutes 2012, section 152.022, subdivision 1, is amended to read:
3.2 Subdivision 1. Sale crimes. A person is guilty of controlled substance crime
3.3in the second degree if:
3.4(1) on one or more occasions within a 90-day period the person unlawfully sells one
3.5or more mixtures of a total weight ofthree six grams or more containing cocaine, heroin,
3.6or methamphetamine;
3.7(2) on one or more occasions within a 90-day period the person unlawfully sells one
3.8or more mixtures of a total weight often 20 grams or more containing a narcotic drug
3.9other than cocaine, heroin, or methamphetamine;
3.10(3) on one or more occasions within a 90-day period the person unlawfully sells one
3.11or more mixtures of a total weight often 20 grams or more containing amphetamine,
3.12phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units,
3.13equaling50 100 or more dosage units;
3.14(4) on one or more occasions within a 90-day period the person unlawfully sells one
3.15or more mixtures of a total weight of25 50 kilograms or more containing marijuana or
3.16Tetrahydrocannabinols;
3.17(5) the person unlawfully sells any amount of a Schedule I or II narcotic drug to a
3.18person under the age of 18, or conspires with or employs a person under the age of 18 to
3.19unlawfully sell the substance; or
3.20(6) the person unlawfully sells any of the following in a school zone, a park zone, a
3.21public housing zone, or a drug treatment facility:
3.22(i) any amount of a Schedule I or II narcotic drug, lysergic acid diethylamide (LSD),
3.233,4-methylenedioxy amphetamine, or 3,4-methylenedioxymethamphetamine;
3.24(ii) one or more mixtures containing methamphetamine or amphetamine; or
3.25(iii) one or more mixtures of a total weight of five kilograms or more containing
3.26marijuana or Tetrahydrocannabinols.
3.27 Sec. 5. Minnesota Statutes 2012, section 152.022, subdivision 2, is amended to read:
3.28 Subd. 2. Possession crimes. (a) A person is guilty of controlled substance crime
3.29in the second degree if:
3.30(1) the person unlawfully possesses one or more mixtures of a total weight ofsix 12
3.31 grams or more containing cocaine, heroin, or methamphetamine;
3.32(2) the person unlawfully possesses one or more mixtures of a total weight of50 100
3.33 grams or more containing a narcotic drug other than cocaine, heroin, or methamphetamine;
4.1(3) the person unlawfully possesses one or more mixtures of a total weight of50
4.2 100 grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the
4.3controlled substance is packaged in dosage units, equaling100 200 or more dosage units; or
4.4(4) the person unlawfully possesses one or more mixtures of a total weight of50 100
4.5 kilograms or more containing marijuana or Tetrahydrocannabinols; or
4.6(5) the person unlawfully possesses 100 or more marijuana plants. This clause
4.7does not limit the power of the state to punish a person for conduct that constitutes a
4.8crime under other laws of this state.
4.9(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
4.10not be considered in measuring the weight of a mixture except in cases where the mixture
4.11contains four or more fluid ounces of fluid.
4.12 Sec. 6. Minnesota Statutes 2012, section 152.023, subdivision 1, is amended to read:
4.13 Subdivision 1. Sale crimes. A person is guilty of controlled substance crime in
4.14the third degree if:
4.15(1) the person unlawfully sells one or more mixtures containing a narcotic drug;
4.16(2) on one or more occasions within a 90-day period the person unlawfully sells one
4.17or more mixtures containing phencyclidine or hallucinogen, it is packaged in dosage units,
4.18and equalsten 20 or more dosage units;
4.19(3) the person unlawfully sells one or more mixtures containing a controlled
4.20substance classified in Schedule I, II, or III, except a Schedule I or II narcotic drug, to a
4.21person under the age of 18;
4.22(4) the person conspires with or employs a person under the age of 18 to unlawfully
4.23sell one or more mixtures containing a controlled substance listed in Schedule I, II, or III,
4.24except a Schedule I or II narcotic drug; or
4.25(5) on one or more occasions within a 90-day period the person unlawfully sells one
4.26or more mixtures of a total weight offive ten kilograms or more containing marijuana or
4.27Tetrahydrocannabinols.
4.28 Sec. 7. Minnesota Statutes 2012, section 152.023, subdivision 2, is amended to read:
4.29 Subd. 2. Possession crimes. (a) A person is guilty of controlled substance crime in
4.30the third degree if:
4.31(1) on one or more occasions within a 90-day period the person unlawfully possesses
4.32one or more mixtures of a total weight ofthree six grams or more containing cocaine,
4.33heroin, or methamphetamine;
5.1(2) on one or more occasions within a 90-day period the person unlawfully possesses
5.2one or more mixtures of a total weight often 20 grams or more containing a narcotic drug
5.3other than cocaine, heroin, or methamphetamine;
5.4(3) on one or more occasions within a 90-day period the person unlawfully possesses
5.5one or more mixtures containing a narcotic drug, it is packaged in dosage units, and
5.6equals50 100 or more dosage units;
5.7(4) on one or more occasions within a 90-day period the person unlawfully
5.8possesses any amount of a schedule I or II narcotic drug or five or more dosage
5.9units of lysergic acid diethylamide (LSD), 3,4-methylenedioxy amphetamine, or
5.103,4-methylenedioxymethamphetamine in a school zone, a park zone, a public housing
5.11zone, or a drug treatment facility;
5.12(5) on one or more occasions within a 90-day period the person unlawfully possesses
5.13one or more mixtures of a total weight often 20 kilograms or more containing marijuana
5.14or Tetrahydrocannabinols;or
5.15(6) on one or more occasions with a 90-day period the person unlawfully possesses
5.1650 or more marijuana plants. This clause does not limit the power of the state to punish a
5.17person for conduct that constitutes a crime under other laws of this state; or
5.18(7) the person unlawfully possesses one or more mixtures containing
5.19methamphetamine or amphetamine in a school zone, a park zone, a public housing zone,
5.20or a drug treatment facility.
5.21(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
5.22not be considered in measuring the weight of a mixture except in cases where the mixture
5.23contains four or more fluid ounces of fluid.
5.24 Sec. 8. [152.0215] AGGRAVATED CONTROLLED SUBSTANCE CRIME.
5.25 Subdivision 1. Offense. A person is guilty of a felony if:
5.26(1) on one or more occasions within a 90-day period the person unlawfully sells one
5.27or more mixtures of a total weight of 100 grams or more containing cocaine, heroin, or
5.28methamphetamine;
5.29(2) on one or more occasions within a 90-day period the person unlawfully sells one
5.30or more mixtures of a total weight of 500 grams or more containing a narcotic drug other
5.31than cocaine, heroin, or methamphetamine;
5.32(3) on one or more occasions within a 90-day period the person unlawfully sells
5.33one or more mixtures of a total weight of 500 grams or more containing amphetamine,
5.34phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units,
5.35equaling 1,000 or more dosage units;
6.1(4) on one or more occasions within a 90-day period the person unlawfully sells one
6.2or more mixtures of a total weight of 500 kilograms or more containing marijuana or
6.3Tetrahydrocannabinols; or
6.4(5) the person unlawfully possesses 750 or more marijuana plants. This clause
6.5does not limit the power of the state to punish a person for conduct that constitutes a
6.6crime under other laws of this state.
6.7 Subd. 2. Penalty. (a) A person convicted under subdivision 1 may be sentenced
6.8to imprisonment for not more than 40 years or to payment of a fine of not more than
6.9$5,000,000, or both.
6.10(b) If the conviction is a subsequent controlled substance conviction, a person
6.11convicted under subdivision 1 shall be committed to the commissioner of corrections for
6.12not less than ten years nor more than 50 years and, in addition, may be sentenced to
6.13payment of a fine of not more than $10,000,000.
6.14(c) In a prosecution under subdivision 1 involving sales by the same person in two or
6.15more counties within a 90-day period, the person may be prosecuted for all of the sales in
6.16any county in which one of the sales occurred.
6.17 Sec. 9. Minnesota Statutes 2012, section 244.09, subdivision 2, is amended to read:
6.18 Subd. 2. Members. The Sentencing Guidelines Commission shall consist of the
6.19following:
6.20(1) the chief justice of the Supreme Court or a designee;
6.21(2) one judge of the Court of Appeals, appointed by the chief justice of the Supreme
6.22Court;
6.23(3) one district court judge appointed by the chief justice of the Supreme Court;
6.24(4) one public defender appointed by the governor upon recommendation of the
6.25state public defender;
6.26(5) one county attorney appointed by the governor upon recommendation of the
6.27board of directors of the Minnesota County Attorneys Association;
6.28(6) the commissioner of corrections or a designee;
6.29(7) one peace officer as defined in section626.84 appointed by the governor;
6.30(8) one probation officer or parole officer appointed by the governor; and
6.31(9) three public members appointed by the governor, one of whom shall be a victim
6.32of a crime defined as a felony.
6.33When an appointing authority selects individuals for membership on the
6.34commission, the authority shall make reasonable efforts to appoint qualified members of
6.35protected groups, as defined in section43A.02, subdivision 33 .
7.1One of the public members shall be designated by the governor as chair of the
7.2commission.
7.3 Sec. 10. Minnesota Statutes 2012, section 244.09, subdivision 3, is amended to read:
7.4 Subd. 3. Appointment terms. Each appointed member shall be appointed for
7.5four years and shall continue to serve during that time as long as the member occupies
7.6the position which made the member eligible for the appointment. Each member shall
7.7continue in office until a successor is duly appointed. Members shall be eligible for
7.8reappointment, and appointment may be made to fill an unexpired term.The term of any
7.9member appointed or reappointed by the governor before the first Monday in January
7.101991 expires on that date. The term of any member appointed or reappointed by the
7.11governor after the first Monday in January 1991 is coterminous with the governor. The
7.12terms of members appointed by the governor on January 1, 2015, shall be staggered, so as
7.13four members shall be appointed for four years, and three members shall be appointed
7.14for two years. Members appointed by the chief justice of the Supreme Court shall be
7.15appointed to four-year terms. The members of the commission shall elect any additional
7.16officers necessary for the efficient discharge of their duties.
7.17 Sec. 11. Minnesota Statutes 2012, section 244.09, subdivision 11, is amended to read:
7.18 Subd. 11. Modification. The commission shall meet as necessary for the purpose
7.19of modifying and improving the guidelines. To assist in establishing and modifying
7.20guidelines sentences and ranking crimes proportionally, the commission shall develop
7.21objective criteria based upon:
7.22(1) the interest protected by a particular statute; and
7.23(2) the types of harm targeted by the statute and the level of potential harm that
7.24results from violations of the subdivisions of the statute.
7.25The commission shall assign a numerical score to each criterion. The commission
7.26may develop separate criteria for controlled substance and criminal sexual conduct crimes.
7.27The criteria and scores assigned to specific crimes based on the criteria will not be binding
7.28on the commission, but the commission must articulate the reasons for ranking a particular
7.29crime outside the scope of the criteria. The criteria must be presented to the legislature
7.30by January 15, 2015. Any modification which amends the Sentencing Guidelines grid,
7.31including severity levels and criminal history scores, or which would result in the
7.32reduction of any sentence or in the early release of any inmate, with the exception of a
7.33modification mandated or authorized by the legislature or relating to a crime created or
7.34amended by the legislature in the preceding session, shall be submitted to the legislature
8.1by January 15 of any year in which the commission wishes to make the change and shall
8.2be effective on August 1 of that year, unless the legislature by law provides otherwise. All
8.3other modifications shall take effect according to the procedural rules of the commission.
8.4On or before January 15 of each year, the commission shall submit a written report to the
8.5committees of the senate and the house of representatives with jurisdiction over criminal
8.6justice policy that identifies and explains all modifications made during the preceding 12
8.7months and all proposed modifications that are being submitted to the legislature that year.
1.3substance offenses; amending Minnesota Statutes 2012, sections 152.01,
1.4subdivision 16a; 152.021, subdivisions 1, 2; 152.022, subdivisions 1, 2; 152.023,
1.5subdivisions 1, 2; 244.09, subdivisions 2, 3, 11; proposing coding for new law in
1.6Minnesota Statutes, chapter 152.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 152.01, subdivision 16a, is amended to read:
1.9 Subd. 16a. Subsequent controlled substance conviction.
1.10
1.11commission of the offense for which the person is convicted under this chapter, the person
1.12
1.13convicted in Minnesota of a felony violation of this chapter or a felony-level attempt or
1.14conspiracy to violate this chapter, or was convicted elsewhere for conduct that would have
1.15been a felony under this chapter if committed in Minnesota. An
1.16
1.17relevant if ten years have elapsed since discharge from sentence or stay of adjudication. A
1.18disposition under section 152.18, subdivision 1, is not a subsequent controlled substance
1.19conviction.
1.20 Sec. 2. Minnesota Statutes 2012, section 152.021, subdivision 1, is amended to read:
1.21 Subdivision 1. Sale crimes. A person is guilty of controlled substance crime in
1.22the first degree if:
2.1(1) on one or more occasions within a 90-day period the person unlawfully sells one
2.2or more mixtures of a total weight of
2.3methamphetamine;
2.4(2) on one or more occasions within a 90-day period the person unlawfully sells one
2.5or more mixtures of a total weight of
2.6other than cocaine, heroin, or methamphetamine;
2.7(3) on one or more occasions within a 90-day period the person unlawfully sells one
2.8or more mixtures of a total weight of
2.9phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units,
2.10equaling 200 or more dosage units; or
2.11(4) on one or more occasions within a 90-day period the person unlawfully sells one
2.12or more mixtures of a total weight of
2.13Tetrahydrocannabinols, or one or more mixtures of a total weight of
2.14more containing marijuana or Tetrahydrocannabinols in a school zone, a park zone, a
2.15public housing zone, or a drug treatment facility.
2.16 Sec. 3. Minnesota Statutes 2012, section 152.021, subdivision 2, is amended to read:
2.17 Subd. 2. Possession crimes. (a) A person is guilty of a controlled substance crime
2.18in the first degree if:
2.19(1) the person unlawfully possesses one or more mixtures of a total weight of
2.20 grams or more containing cocaine, heroin, or methamphetamine;
2.21(2) the person unlawfully possesses one or more mixtures of a total weight of
2.22
2.23methamphetamine;
2.24(3) the person unlawfully possesses one or more mixtures of a total weight of
2.25
2.26or, if the controlled substance is packaged in dosage units, equaling
2.27dosage units;
2.28(4) the person unlawfully possesses one or more mixtures of a total weight of 100
2.29kilograms or more containing marijuana or Tetrahydrocannabinols; or
2.30(5) the person unlawfully possesses 200 or more marijuana plants. This clause
2.31does not limit the power of the state to punish a person for conduct that constitutes a
2.32crime under other laws of this state.
2.33(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
2.34not be considered in measuring the weight of a mixture except in cases where the mixture
2.35contains four or more fluid ounces of fluid.
3.1 Sec. 4. Minnesota Statutes 2012, section 152.022, subdivision 1, is amended to read:
3.2 Subdivision 1. Sale crimes. A person is guilty of controlled substance crime
3.3in the second degree if:
3.4(1) on one or more occasions within a 90-day period the person unlawfully sells one
3.5or more mixtures of a total weight of
3.6or methamphetamine;
3.7(2) on one or more occasions within a 90-day period the person unlawfully sells one
3.8or more mixtures of a total weight of
3.9other than cocaine, heroin, or methamphetamine;
3.10(3) on one or more occasions within a 90-day period the person unlawfully sells one
3.11or more mixtures of a total weight of
3.12phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units,
3.13equaling
3.14(4) on one or more occasions within a 90-day period the person unlawfully sells one
3.15or more mixtures of a total weight of
3.16Tetrahydrocannabinols;
3.17(5) the person unlawfully sells any amount of a Schedule I or II narcotic drug to a
3.18person under the age of 18, or conspires with or employs a person under the age of 18 to
3.19unlawfully sell the substance; or
3.20(6) the person unlawfully sells any of the following in a school zone, a park zone, a
3.21public housing zone, or a drug treatment facility:
3.22(i) any amount of a Schedule I or II narcotic drug, lysergic acid diethylamide (LSD),
3.233,4-methylenedioxy amphetamine, or 3,4-methylenedioxymethamphetamine;
3.24(ii) one or more mixtures containing methamphetamine or amphetamine; or
3.25(iii) one or more mixtures of a total weight of five kilograms or more containing
3.26marijuana or Tetrahydrocannabinols.
3.27 Sec. 5. Minnesota Statutes 2012, section 152.022, subdivision 2, is amended to read:
3.28 Subd. 2. Possession crimes. (a) A person is guilty of controlled substance crime
3.29in the second degree if:
3.30(1) the person unlawfully possesses one or more mixtures of a total weight of
3.31 grams or more containing cocaine, heroin, or methamphetamine;
3.32(2) the person unlawfully possesses one or more mixtures of a total weight of
3.33 grams or more containing a narcotic drug other than cocaine, heroin, or methamphetamine;
4.1(3) the person unlawfully possesses one or more mixtures of a total weight of
4.2 100 grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the
4.3controlled substance is packaged in dosage units, equaling
4.4(4) the person unlawfully possesses one or more mixtures of a total weight of
4.5 kilograms or more containing marijuana or Tetrahydrocannabinols; or
4.6(5) the person unlawfully possesses 100 or more marijuana plants. This clause
4.7does not limit the power of the state to punish a person for conduct that constitutes a
4.8crime under other laws of this state.
4.9(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
4.10not be considered in measuring the weight of a mixture except in cases where the mixture
4.11contains four or more fluid ounces of fluid.
4.12 Sec. 6. Minnesota Statutes 2012, section 152.023, subdivision 1, is amended to read:
4.13 Subdivision 1. Sale crimes. A person is guilty of controlled substance crime in
4.14the third degree if:
4.15(1) the person unlawfully sells one or more mixtures containing a narcotic drug;
4.16(2) on one or more occasions within a 90-day period the person unlawfully sells one
4.17or more mixtures containing phencyclidine or hallucinogen, it is packaged in dosage units,
4.18and equals
4.19(3) the person unlawfully sells one or more mixtures containing a controlled
4.20substance classified in Schedule I, II, or III, except a Schedule I or II narcotic drug, to a
4.21person under the age of 18;
4.22(4) the person conspires with or employs a person under the age of 18 to unlawfully
4.23sell one or more mixtures containing a controlled substance listed in Schedule I, II, or III,
4.24except a Schedule I or II narcotic drug; or
4.25(5) on one or more occasions within a 90-day period the person unlawfully sells one
4.26or more mixtures of a total weight of
4.27Tetrahydrocannabinols.
4.28 Sec. 7. Minnesota Statutes 2012, section 152.023, subdivision 2, is amended to read:
4.29 Subd. 2. Possession crimes. (a) A person is guilty of controlled substance crime in
4.30the third degree if:
4.31(1) on one or more occasions within a 90-day period the person unlawfully possesses
4.32one or more mixtures of a total weight of
4.33heroin, or methamphetamine;
5.1(2) on one or more occasions within a 90-day period the person unlawfully possesses
5.2one or more mixtures of a total weight of
5.3other than cocaine, heroin, or methamphetamine;
5.4(3) on one or more occasions within a 90-day period the person unlawfully possesses
5.5one or more mixtures containing a narcotic drug, it is packaged in dosage units, and
5.6equals
5.7(4) on one or more occasions within a 90-day period the person unlawfully
5.8possesses any amount of a schedule I or II narcotic drug or five or more dosage
5.9units of lysergic acid diethylamide (LSD), 3,4-methylenedioxy amphetamine, or
5.103,4-methylenedioxymethamphetamine in a school zone, a park zone, a public housing
5.11zone, or a drug treatment facility;
5.12(5) on one or more occasions within a 90-day period the person unlawfully possesses
5.13one or more mixtures of a total weight of
5.14or Tetrahydrocannabinols;
5.15(6) on one or more occasions with a 90-day period the person unlawfully possesses
5.1650 or more marijuana plants. This clause does not limit the power of the state to punish a
5.17person for conduct that constitutes a crime under other laws of this state; or
5.18(7) the person unlawfully possesses one or more mixtures containing
5.19methamphetamine or amphetamine in a school zone, a park zone, a public housing zone,
5.20or a drug treatment facility.
5.21(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
5.22not be considered in measuring the weight of a mixture except in cases where the mixture
5.23contains four or more fluid ounces of fluid.
5.24 Sec. 8. [152.0215] AGGRAVATED CONTROLLED SUBSTANCE CRIME.
5.25 Subdivision 1. Offense. A person is guilty of a felony if:
5.26(1) on one or more occasions within a 90-day period the person unlawfully sells one
5.27or more mixtures of a total weight of 100 grams or more containing cocaine, heroin, or
5.28methamphetamine;
5.29(2) on one or more occasions within a 90-day period the person unlawfully sells one
5.30or more mixtures of a total weight of 500 grams or more containing a narcotic drug other
5.31than cocaine, heroin, or methamphetamine;
5.32(3) on one or more occasions within a 90-day period the person unlawfully sells
5.33one or more mixtures of a total weight of 500 grams or more containing amphetamine,
5.34phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units,
5.35equaling 1,000 or more dosage units;
6.1(4) on one or more occasions within a 90-day period the person unlawfully sells one
6.2or more mixtures of a total weight of 500 kilograms or more containing marijuana or
6.3Tetrahydrocannabinols; or
6.4(5) the person unlawfully possesses 750 or more marijuana plants. This clause
6.5does not limit the power of the state to punish a person for conduct that constitutes a
6.6crime under other laws of this state.
6.7 Subd. 2. Penalty. (a) A person convicted under subdivision 1 may be sentenced
6.8to imprisonment for not more than 40 years or to payment of a fine of not more than
6.9$5,000,000, or both.
6.10(b) If the conviction is a subsequent controlled substance conviction, a person
6.11convicted under subdivision 1 shall be committed to the commissioner of corrections for
6.12not less than ten years nor more than 50 years and, in addition, may be sentenced to
6.13payment of a fine of not more than $10,000,000.
6.14(c) In a prosecution under subdivision 1 involving sales by the same person in two or
6.15more counties within a 90-day period, the person may be prosecuted for all of the sales in
6.16any county in which one of the sales occurred.
6.17 Sec. 9. Minnesota Statutes 2012, section 244.09, subdivision 2, is amended to read:
6.18 Subd. 2. Members. The Sentencing Guidelines Commission shall consist of the
6.19following:
6.20(1) the chief justice of the Supreme Court or a designee;
6.21(2) one judge of the Court of Appeals, appointed by the chief justice of the Supreme
6.22Court;
6.23(3) one district court judge appointed by the chief justice of the Supreme Court;
6.24(4) one public defender appointed by the governor upon recommendation of the
6.25state public defender;
6.26(5) one county attorney appointed by the governor upon recommendation of the
6.27board of directors of the Minnesota County Attorneys Association;
6.28(6) the commissioner of corrections or a designee;
6.29(7) one peace officer as defined in section
6.30(8) one probation officer or parole officer appointed by the governor; and
6.31(9) three public members appointed by the governor, one of whom shall be a victim
6.32of a crime defined as a felony.
6.33When an appointing authority selects individuals for membership on the
6.34commission, the authority shall make reasonable efforts to appoint qualified members of
6.35protected groups, as defined in section
7.1One of the public members shall be designated by the governor as chair of the
7.2commission.
7.3 Sec. 10. Minnesota Statutes 2012, section 244.09, subdivision 3, is amended to read:
7.4 Subd. 3. Appointment terms. Each appointed member shall be appointed for
7.5four years and shall continue to serve during that time as long as the member occupies
7.6the position which made the member eligible for the appointment. Each member shall
7.7continue in office until a successor is duly appointed. Members shall be eligible for
7.8reappointment, and appointment may be made to fill an unexpired term.
7.9
7.10
7.11
7.12terms of members appointed by the governor on January 1, 2015, shall be staggered, so as
7.13four members shall be appointed for four years, and three members shall be appointed
7.14for two years. Members appointed by the chief justice of the Supreme Court shall be
7.15appointed to four-year terms. The members of the commission shall elect any additional
7.16officers necessary for the efficient discharge of their duties.
7.17 Sec. 11. Minnesota Statutes 2012, section 244.09, subdivision 11, is amended to read:
7.18 Subd. 11. Modification. The commission shall meet as necessary for the purpose
7.19of modifying and improving the guidelines. To assist in establishing and modifying
7.20guidelines sentences and ranking crimes proportionally, the commission shall develop
7.21objective criteria based upon:
7.22(1) the interest protected by a particular statute; and
7.23(2) the types of harm targeted by the statute and the level of potential harm that
7.24results from violations of the subdivisions of the statute.
7.25The commission shall assign a numerical score to each criterion. The commission
7.26may develop separate criteria for controlled substance and criminal sexual conduct crimes.
7.27The criteria and scores assigned to specific crimes based on the criteria will not be binding
7.28on the commission, but the commission must articulate the reasons for ranking a particular
7.29crime outside the scope of the criteria. The criteria must be presented to the legislature
7.30by January 15, 2015. Any modification which amends the Sentencing Guidelines grid,
7.31including severity levels and criminal history scores, or which would result in the
7.32reduction of any sentence or in the early release of any inmate, with the exception of a
7.33modification mandated or authorized by the legislature or relating to a crime created or
7.34amended by the legislature in the preceding session, shall be submitted to the legislature
8.1by January 15 of any year in which the commission wishes to make the change and shall
8.2be effective on August 1 of that year, unless the legislature by law provides otherwise. All
8.3other modifications shall take effect according to the procedural rules of the commission.
8.4On or before January 15 of each year, the commission shall submit a written report to the
8.5committees of the senate and the house of representatives with jurisdiction over criminal
8.6justice policy that identifies and explains all modifications made during the preceding 12
8.7months and all proposed modifications that are being submitted to the legislature that year.
