US Laws, Codes, Statutes & Cases

     609.153 Increased penalties for certain misdemeanors. 

    Subdivision 1.    Application.  This section applies to 
 the following misdemeanor-level crimes:  sections 609.324 
 (prostitution); 609.546 (motor vehicle tampering); 609.595 
 (damage to property); and 609.66 (dangerous weapons); and 
 violations of local ordinances prohibiting the unlawful sale or 
 possession of controlled substances. 

    Subd. 2.    Custodial arrest.  Notwithstanding Rule 6.01 
 of the Rules of Criminal Procedure, a peace officer acting 
 without a warrant who has decided to proceed with the 
 prosecution of a person for committing a crime described in 
 subdivision 1 may arrest and take the person into custody if the 
 officer has reason to believe the person has a prior conviction 
 for any crime described in subdivision 1. 

    Subd. 3.    Increased penalty.  Notwithstanding the 
 statutory maximum penalty otherwise applicable to the offense, a 
 person who commits a misdemeanor-level crime described in 
 subdivision 1 is guilty of a gross misdemeanor if the court 
 determines at the time of sentencing that the person has two or 
 more prior convictions in this or any other state for any of the 
 crimes described in subdivision 1. 

    Subd. 4.    Notice to complaining witness.  A 
 prosecuting authority who is responsible for filing charges 
 against or prosecuting a person arrested under the circumstances 
 described in subdivision 2 shall make reasonable efforts to 
 notify the complaining witness of the final outcome of the 
 criminal proceeding that resulted from the arrest including, 
 where appropriate, the decision to dismiss or not file charges 
 against the arrested person. 

    HIST: 1997 c 239 art 3 s 9 

Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota.