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/ � . 1� <br />To: Larry Voeller <br />GC: Carolyn Curti <br />From: Mark V. Chapin <br />Date: 4/22/20Q4 <br />Re: Minn. Stat. § 6092231, subd. 4{2002) <br />Minnesota Stature Secrion 509.223 t, subd. 4 reads as follovvs: <br />Subd. 4. Assaults morivated by bias. (a) Whoever assaults another because of the victim's or another's <br />actual or perceived race, color, religion, sex, sexual orientation, disability as defined in section 363A.03, age, or <br />national origin may be sentenced to irnprisonment for not more than one year or to paymeat of a fine of not <br />more than $3,000, or bokh. <br />(b) Whoever violates ti�e provisions of paragraph (a) within five years of a prcvious conviction under <br />paragraph (a) is guilty of a felony and �nay be sentenced ta imprisonment for not more ihan one year and a day <br />or to payment of a fine of not more than $3,000, or both. <br />I think that any language regarding this statute should track the actual language more preciseiy. The <br />proposed text refers to "criminal act" whereas the statute refers to an "assault." I am not sure that a conviction <br />provides for au enhanced penajty. The statute suggests that it is a gross misdemeanor but a second conviction <br />within 5 years would result in the crime being a felony. <br />