HF5106

Purpose

• The bill aims to classify domestic assault by strangulation as a violent crime. This changes how such offenses are treated under Minnesota law and affects sentencing considerations under the related statute.

Main provisions

• Amends Minnesota Statutes 2024 section 609.1095 subdivision 1 to redefine key terms used in this section.
• Conviction: Defines conviction to include guilty pleas, jury verdicts, or court findings of guilt, and it includes convictions from Minnesota or another jurisdiction.
• Prior conviction: Defines a prior conviction as one that occurred before the offender committed the next felony after that prior conviction and before the current offense being considered.
• Violent crime: Expands the category of offenses that count as a violent crime for this section. This includes a broad list of offenses, including certain state and possibly federal or other jurisdiction offenses, that are punishable by a felony penalty or by penalties described in listed statutes (e.g., sections like 609.165, 609.185, 609.19, 624.713, and other listed sections). The exact list is long and ties to penalties of 15 years or more in some cases.
• The overall effect is to place domestic assault by strangulation within the definition of a violent crime for purposes of the statute, and to standardize how convictions and prior convictions are counted in relation to violent-crime penalties.

How this changes current law

• Domestic assault by strangulation becomes categorized as a violent crime under the referenced statute. This can influence how such offenses are charged, prosecuted, and sentenced.
• The bill clarifies how to interpret “conviction” and “prior conviction” when applying the violent-crime provisions, potentially impacting sentencing enhancements and the handling of repeat offenses.
• By tying violent crime to a wide range of offenses that carry felony penalties (including offenses punishable by 15 years or more), the bill broadens the scope of offenses considered for violent-crime penalties in this section.

Potential impact

• Offenders convicted of domestic assault by strangulation could face enhanced penalties or stricter treatment under violent-crime provisions.
• Courts and prosecutors gain clearer definitions for conviction status and for what counts as a prior conviction, affecting case charging, plea decisions, and sentencing outcomes.
• The bill increases consistency in how violent crimes are defined across related offenses, potentially affecting other cases that involve the listed statutes.

Summary of key ideas

• Domestic assault by strangulation is being added to the violent-crime category.
• Conviction and prior conviction definitions are clarified for use in this section.
• A broad set of offenses are identified as violent crimes for purposes of these penalties, linked to felony-level penalties.

Potential implementation notes

• The change relies on the court system’s interpretation of the listed statutes and the new definitions; it may require updates to how case files are prepared and how sentences are calculated under this section.

Relevant Terms - domestic assault by strangulation - violent crime - conviction - prior conviction - Minnesota Statutes 2024 section 609.1095 subdivision 1 - felony penalty - 15 years or more - 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, 609.2247, 609.228, 609.235, 609.24, 609.245, 609.247, 609.25, 609.255, 609.2661, 609.2662, 609.2663, 609.2664, 609.2665, 609.267, 609.2671, 609.268, 609.322, 609.342, 609.343, 609.344, 609.345, 609.498, 609.66, 609.687, 609.855, 624.713, and related sections in Minnesota or other jurisdictions.