A bill for an act
relating to public safety; establishing the crime of carjacking; making conforming
changes; amending Minnesota Statutes 2022, sections 145A.061, subdivision 3;
146A.08, subdivision 1; 245C.15, subdivisions 1, 2, 4a; 245C.24, subdivision 3;
253B.02, subdivision 4e; 253D.02, subdivision 8; 260B.171, subdivision 3;
299A.296, subdivision 2; 299C.105, subdivision 1; 299C.67, subdivision 2;
609.1095, subdivision 1; 609.341, subdivision 22; 609.52, subdivision 3; 609.531,
subdivision 1; 609.631, subdivision 4; 609.632, subdivision 4; 609.821, subdivision
3; 611A.031; 611A.036, subdivision 7; 611A.08, subdivision 6; 624.712,
subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 609.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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(a) As used in this section, the following terms have the
meanings given.
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(b) "Carjacking" means taking a motor vehicle from the person or in the presence of
another while having knowledge of not being entitled to the motor vehicle and using or
threatening the imminent use of force against any person to overcome the person's resistance
or powers of resistance to, or to compel acquiescence in, the taking of the motor vehicle.
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(c) "Motor vehicle" has the meaning given in section 609.52, subdivision 1, clause (10).
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Whoever, while committing a carjacking, is armed with a
dangerous weapon or any article used or fashioned in a manner to lead the victim to
reasonably believe it to be a dangerous weapon, or inflicts bodily harm upon another, is
guilty of carjacking in the first degree and may be sentenced to imprisonment for not more
than 20 years or to payment of a fine of not more than $35,000, or both.
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Whoever, while committing a carjacking, implies, by word or
act, possession of a dangerous weapon, is guilty of carjacking in the second degree and may
be sentenced to imprisonment for not more than 15 years or to payment of a fine of not
more than $30,000, or both.
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Whoever commits carjacking under any other circumstances is
guilty of carjacking in the third degree and may be sentenced to imprisonment for not more
than ten years or to payment of a fine of not more than $20,000, or both.
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This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
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Minnesota Statutes 2022, section 145A.061, subdivision 3, is amended to read:
The commissioner may deny an application from any
applicant who has been convicted of any of the following crimes:
Section 609.185 (murder in the first degree); section 609.19 (murder in the second
degree); section 609.195 (murder in the third degree); section 609.20 (manslaughter in the
first degree); section 609.205 (manslaughter in the second degree); section 609.25
(kidnapping); section 609.2661 (murder of an unborn child in the first degree); section
609.2662 (murder of an unborn child in the second degree); section 609.2663 (murder of
an unborn child in the third degree); section 609.342 (criminal sexual conduct in the first
degree); section 609.343 (criminal sexual conduct in the second degree); section 609.344
(criminal sexual conduct in the third degree); section 609.345 (criminal sexual conduct in
the fourth degree); section 609.3451 (criminal sexual conduct in the fifth degree); section
609.3453 (criminal sexual predatory conduct); section 609.352 (solicitation of children to
engage in sexual conduct); section 609.352 (communication of sexually explicit materials
to children); section 609.365 (incest); section 609.377 (felony malicious punishment of a
child); section 609.378 (felony neglect or endangerment of a child); section 609.561 (arson
in the first degree); section 609.562 (arson in the second degree); section 609.563 (arson in
the third degree); section 609.749, subdivision 3, 4, or 5 (felony harassment or stalking);
section 152.021 (controlled substance crimes in the first degree); section 152.022 (controlled
substance crimes in the second degree); section 152.023 (controlled substance crimes in the
third degree); section 152.024 (controlled substance crimes in the fourth degree); section
152.025 (controlled substance crimes in the fifth degree); section 243.166 (violation of
predatory offender registration law); section 617.23, subdivision 2, clause (1), or subdivision
3, clause (1) (indecent exposure involving a minor); section 617.246 (use of minors in sexual
performance); section 617.247 (possession of pornographic work involving minors); section
609.221 (assault in the first degree); section 609.222 (assault in the second degree); section
609.223 (assault in the third degree); section 609.2231 (assault in the fourth degree); section
609.224 (assault in the fifth degree); section 609.2242 (domestic assault); section 609.2247
(domestic assault by strangulation); section 609.228 (great bodily harm caused by distribution
of drugs); section 609.23 (mistreatment of persons confined); section 609.231 (mistreatment
of residents or patients); section 609.2325 (criminal abuse); section 609.233 (criminal
neglect); section 609.2335 (financial exploitation of a vulnerable adult); section 609.234
(failure to report); section 609.24 (simple robbery); section 609.245 (aggravated robbery);new text begin
section 609.247 (carjacking);new text end section 609.255 (false imprisonment); section 609.322
(solicitation, inducement, and promotion of prostitution and sex trafficking); section 609.324,
subdivision 1 (hiring or engaging minors in prostitution); section 609.465 (presenting false
claims to a public officer or body); section 609.466 (medical assistance fraud); section
609.52 (felony theft); section 609.82 (felony fraud in obtaining credit); section 609.527
(felony identity theft); section 609.582 (felony burglary); section 609.611 (felony insurance
fraud); section 609.625 (aggravated forgery); section 609.63 (forgery); section 609.631
(felony check forgery); section 609.66, subdivision 1e (felony drive-by shooting); section
609.71 (felony riot); section 609.713 (terroristic threats); section 609.72, subdivision 3
(disorderly conduct by a caregiver against a vulnerable adult); section 609.821 (felony
financial transaction card fraud); section 609.855, subdivision 5 (shooting at or in a public
transit vehicle or facility); or aiding and abetting, attempting, or conspiring to commit any
of the offenses in this subdivision.
Minnesota Statutes 2022, section 146A.08, subdivision 1, is amended to read:
(a) The commissioner may impose disciplinary
action as described in section 146A.09 against any unlicensed complementary and alternative
health care practitioner. The following conduct is prohibited and is grounds for disciplinary
action:
(b) Conviction of a crime, including a finding or verdict of guilt, an admission of guilt,
or a no-contest plea, in any court in Minnesota or any other jurisdiction in the United States,
reasonably related to engaging in complementary and alternative health care practices.
Conviction, as used in this subdivision, includes a conviction of an offense which, if
committed in this state, would be deemed a felony, gross misdemeanor, or misdemeanor,
without regard to its designation elsewhere, or a criminal proceeding where a finding or
verdict of guilty is made or returned but the adjudication of guilt is either withheld or not
entered.
(c) Conviction of any crime against a person. For purposes of this chapter, a crime against
a person means violations of the following: sections 609.185; 609.19; 609.195; 609.20;
609.205; 609.2112; 609.2113; 609.2114; 609.215; 609.221; 609.222; 609.223; 609.224;
609.2242; 609.23; 609.231; 609.2325; 609.233; 609.2335; 609.235; 609.24; 609.245;