A bill for an act
relating to public safety; increasing penalties for certain human trafficking offenses;
increasing penalties for patrons of prostitutes; increasing the penalties for certain
trespassing offenses; amending Minnesota Statutes 2020, sections 609.1095,
subdivision 1; 609.131, subdivision 2; 609.322, subdivisions 1, 1a; 609.324,
subdivisions 2, 4; 609.3241; 609.352, subdivision 4; 609.605, subdivision 2;
repealing Minnesota Statutes 2020, section 609.324, subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 609.1095, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) As used in this section, the following terms have the
meanings given.

(b) "Conviction" means any of the following accepted and recorded by the court: a plea
of guilty, a verdict of guilty by a jury, or a finding of guilty by the court. The term includes
a conviction by any court in Minnesota or another jurisdiction.

(c) "Prior conviction" means a conviction that occurred before the offender committed
the next felony resulting in a conviction and before the offense for which the offender is
being sentenced under this section.

(d) "Violent crime" means a violation of or an attempt or conspiracy to violate any of
the following laws of this state or any similar laws of the United States or any other state:
sections 152.137; 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 609.2112; 609.2113;
609.2114; 609.221; 609.222; 609.223; 609.228; 609.235; 609.24; 609.245; 609.25; 609.255;
609.2661; 609.2662; 609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268; new text begin;
new text end 609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1; 609.561; 609.562; 609.582,
subdivision 1
; 609.66, subdivision 1e; 609.687; and 609.855, subdivision 5; any provision
of sections 609.229; 609.377; 609.378; 609.749; and 624.713 that is punishable by a felony
penalty; or any provision of chapter 152 that is punishable by a maximum sentence of 15
years or more; or Minnesota Statutes 2012, section 609.21.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2020, section 609.131, subdivision 2, is amended to read:


Subd. 2.

Certain violations excepted.

Subdivision 1 does not apply to a misdemeanor
violation of section 169A.20; 171.09, subdivision 1, paragraph (g); 171.306, subdivision
6; 609.224; 609.2242; 609.226; deleted text begin609.324, subdivision 3;deleted text end 609.52; or 617.23, or an ordinance
that conforms in substantial part to any of those sections. A violation described in this
subdivision must be treated as a misdemeanor unless the defendant consents to the
certification of the violation as a petty misdemeanor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2020, section 609.322, subdivision 1, is amended to read:


Subdivision 1.

Solicitation, inducement, and promotion of prostitution; sex trafficking
in the first degree.

(a) Whoever, while acting other than as a prostitute or patron,
intentionally does any of the following may be sentenced to imprisonment for not more
than deleted text begin20deleted text endnew text begin 25new text end years or to payment of a fine of not more than $50,000, or both:

(1) solicits or induces an individual under the age of 18 years to practice prostitution;

(2) promotes the prostitution of an individual under the age of 18 years;

(3) receives profit, knowing or having reason to know that it is derived from the
prostitution, or the promotion of the prostitution, of an individual under the age of 18 years;
or

(4) engages in the sex trafficking of an individual under the age of 18 years.

(b) Whoever violates paragraph (a) or subdivision 1a may be sentenced to imprisonment
for not more than deleted text begin25deleted text endnew text begin 30new text end years or to payment of a fine of not more than $60,000, or both, if
one or more of the following aggravating factors are present:

(1) the offender has committed a prior qualified human trafficking-related offense;

(2) the offense involved a sex trafficking victim who suffered bodily harm during the
commission of the offense;

(3) the time period that a sex trafficking victim was held in debt bondage or forced labor
or services exceeded 180 days; or

(4) the offense involved more than one sex trafficking victim.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2020, section 609.322, subdivision 1a, is amended to read:


Subd. 1a.

Solicitation, inducement, and promotion of prostitution; sex trafficking
in the second degree.

Whoever, while acting other than as a prostitute or patron, intentionally
does any of the following may be sentenced to imprisonment for not more than deleted text begin15deleted text endnew text begin 20new text end years
or to payment of a fine of not more than $40,000, or both:

(1) solicits or induces an individual to practice prostitution;

(2) promotes the prostitution of an individual;

(3) receives profit, knowing or having reason to know that it is derived from the
prostitution, or the promotion of the prostitution, of an individual; or

(4) engages in the sex trafficking of an individual.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2020, section 609.324, subdivision 2, is amended to read:


Subd. 2.

new text beginPatrons of new text endprostitution deleted text beginin public placedeleted text end; penalty deleted text beginfor patronsdeleted text end.

new text begin(a) new text endWhoever,
while acting as a patron, intentionally does any of the following deleted text beginwhile in a public placedeleted text end is
guilty of a gross misdemeanor:

(1) engages in prostitution with an individual 18 years of age or older; or

(2) hires, offers to hire, or agrees to hire an individual 18 years of age or older to engage
in sexual penetration or sexual contact.

Except as otherwise provided in subdivision 4, a person who is convicted of violating this
subdivision must, at a minimum, be sentenced to pay a fine of at least $1,500.

new text begin (b) Whoever violates the provisions of this subdivision within ten years of a previous
conviction for violating this section or section 609.322 is guilty of a felony and may be
sentenced to imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2020, section 609.324, subdivision 4, is amended to read:


Subd. 4.

Community service in lieu of minimum fine.

The court may order a person
convicted of violating subdivision 2 deleted text beginor 3deleted text end to perform community work service in lieu of all
or a portion of the minimum fine required under those subdivisions if the court makes
specific, written findings that the convicted person is indigent or that payment of the fine
would create undue hardship for the convicted person or that person's immediate family.
Community work service ordered under this subdivision is in addition to any mandatory
community work service ordered under subdivision 3.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end