HF136

Purpose

The bill aims to increase penalties for crimes committed after unlawful reentry into the United States or for the benefit of a transnational crime organization. It does this by creating a new provision and by amending existing Minnesota law to impose longer maximum sentences in these situations.

Main Provisions

• Creates new section 609.1097: Increased sentences after unlawful reentry.
• Defines removal as any agreement to removal during a criminal proceeding.
• If a person commits a felony after being deported or removed from the United States, or after departing while a removal order is still outstanding, that person is guilty of a crime under this new section.
• The maximum sentence for such a crime is:
  • five years longer than the statutory maximum for the underlying crime; and
  • ten years longer than the underlying crime if the crime’s victim is a child under 18.
• The increased sentence applies on top of the underlying crime’s penalties.

Changes to Existing Law

• Amends Minnesota Statutes 2024 section 609.229, subdivisions 1 and 2.
• Adds new statute 609.1097 to address increased penalties for unlawful reentry scenarios.

Definitions (Key Terms Used)

• Removal: any agreement to removal during criminal proceedings.
• Deportation/Removal: being ordered removed from the United States under federal immigration proceedings.
• Removal order outstanding: a removal order that has not yet been completed.
• Underlying crime: the base crime that would receive additional years added to its maximum penalty.

Significance and Implications

• Seeks to deter unlawful reentry by imposing substantially higher potential sentences, especially in cases involving minors.
• Extends penalties specifically when crimes are connected to deportation/removal contexts or when a removal order is in effect.

Relevant Terms unlawful reentry; deportation; removal; removal order; outstanding removal order; removal; felony; underlying crime; statutory maximum; five years; ten years; victim under 18; child; transnational crime organization; 609.229; 609.1097; increased penalties; sentence; public safety.