as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to crime prevention; increasing criminal 1.3 penalties for the crime of identity theft; requiring 1.4 sentencing guidelines modifications related to 1.5 aggravating factors and consecutive sentences; 1.6 amending Minnesota Statutes 2002, section 609.527, 1.7 subdivision 3. 1.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.9 Section 1. Minnesota Statutes 2002, section 609.527, 1.10 subdivision 3, is amended to read: 1.11 Subd. 3. [PENALTIES.] A person who violates subdivision 2 1.12 may be sentenced as follows: 1.13 (1) if the offense involves a single direct victim and the 1.14 total, combined loss to the direct victim and any indirect 1.15 victims is $250 or less, the person may be sentenced as provided 1.16 in section 609.52, subdivision 3, clause (5); 1.17 (2) if the offense involves a single direct victim and the 1.18 total, combined loss to the direct victim and any indirect 1.19 victims is more than $250 but not more than $500, the person may 1.20 be sentenced as provided in section 609.52, subdivision 3, 1.21 clause (4); 1.22 (3) if the offense involves two or three direct victims or 1.23 the total, combined loss to the direct and indirect victims is 1.24 more than $500 but not more than $2,500, the person may be 1.25 sentenced as provided in section 609.52, subdivision 3, clause 1.26 (3);and2.1 (4) if the offense involvesfour ormore than three but not 2.2 more than seven direct victims, or if the total, combined loss 2.3 to the direct and indirect victims is more than $2,500, the 2.4 person may be sentenced as provided in section 609.52, 2.5 subdivision 3, clause (2); and 2.6 (5) if the offense involves eight or more direct victims, 2.7 or if the total, combined loss to the direct and indirect 2.8 victims is more than $35,000, the person may be sentenced as 2.9 provided in section 609.52, subdivision 3, clause (1). 2.10 Sec. 2. [SENTENCING GUIDELINES MODIFICATIONS REQUIRED.] 2.11 Subdivision 1. [AGGRAVATING FACTOR; IDENTITY THEFT.] By 2.12 August 1, 2003, the sentencing guidelines commission shall 2.13 modify Minnesota Sentencing Guidelines, section II.D., by adding 2.14 to the list of the aggravating factors that may be used as a 2.15 basis for a sentencing departure, the offender's use of 2.16 another's identity without authorization to commit a crime. 2.17 This aggravating factor may not be used when the use of 2.18 another's identity is an element of the offense. 2.19 Subd. 2. [PERMISSIVE CONSECUTIVE SENTENCES; OFFENDERS WITH 2.20 SIX OR MORE CRIMINAL HISTORY POINTS.] By August 1, 2003, the 2.21 sentencing guidelines commission shall modify Minnesota 2.22 Sentencing Guidelines, section II.F., by adding to the list of 2.23 cases in which consecutive sentences are permissive, a current 2.24 felony conviction for a crime committed by an offender who has 2.25 six or more criminal history points. 2.26 Sec. 3. [EFFECTIVE DATE.] 2.27 Section 1 is effective August 1, 2003, and applies to 2.28 crimes committed on or after that date.