SF 680

as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 09:06am

A bill for an act
relating to crime; creating the crime of organized retail theft; adding organized
retail theft to list of designated offenses; amending Minnesota Statutes 2010,
sections 609.531, subdivision 1; 609.902, subdivision 4; proposing coding for
new law in Minnesota Statutes, chapter 609.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 609.531, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For the purpose of sections 609.531 to 609.5318, the
following terms have the meanings given them.

(a) "Conveyance device" means a device used for transportation and includes, but
is not limited to, a motor vehicle, trailer, snowmobile, airplane, and vessel and any
equipment attached to it. The term "conveyance device" does not include property which
is, in fact, itself stolen or taken in violation of the law.

(b) "Weapon used" means a dangerous weapon as defined under section 609.02,
subdivision 6, that the actor used or had in possession in furtherance of a crime.

(c) "Property" means property as defined in section 609.52, subdivision 1, clause (1).

(d) "Contraband" means property which is illegal to possess under Minnesota law.

(e) "Appropriate agency" means the Bureau of Criminal Apprehension, the
Department of Commerce Division of Insurance Fraud Prevention, the Minnesota
Division of Driver and Vehicle Services, the Minnesota State Patrol, a county sheriff's
department, the Three Rivers Park District park rangers, the Department of Natural
Resources Division of Enforcement, the University of Minnesota Police Department,
the Department of Corrections Fugitive Apprehension Unit, a city, metropolitan transit,
or airport police department; or a multijurisdictional entity established under section
299A.642 or 299A.681.

(f) "Designated offense" includes:

(1) for weapons used: any violation of this chapter, chapter 152, or chapter 624;

(2) for driver's license or identification card transactions: any violation of section
171.22; and

(3) for all other purposes: a felony violation of, or a felony-level attempt or
conspiracy to violate, section 325E.17; 325E.18; 609.185; 609.19; 609.195; 609.21;
609.221; 609.222; 609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.282;
609.283; 609.322; 609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 1,
clauses (a) to (f); 609.344, subdivision 1, clauses (a) to (e), and (h) to (j); 609.345,
subdivision 1, clauses (a) to (e), and (h) to (j); 609.352; 609.42; 609.425; 609.466;
609.485; 609.487; 609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 609.561;
609.562; 609.563; 609.582; 609.59; 609.595; 609.611; 609.631; 609.66, subdivision 1e;
609.671, subdivisions 3, 4, 5, 8, and 12; 609.687; 609.821; 609.825; 609.86; 609.88;
609.89; 609.893; 609.895; new text begin 609.897; new text end 617.246; 617.247; or a gross misdemeanor or felony
violation of section 609.891 or 624.7181; or any violation of section 609.324.

(g) "Controlled substance" has the meaning given in section 152.01, subdivision 4.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

new text begin [609.897] ORGANIZED RETAIL THEFT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms
have the meanings given them.
new text end

new text begin (b) "Retail establishment" means a place of business open to the general public
for the sale of goods or services.
new text end

new text begin (c) "Retail property" means any new article, product, commodity, item, or
component displayed, held, stored, or offered for sale in a retail establishment or intended
to be sold in commerce.
new text end

new text begin (d) "Value" has the meaning given in section 609.52, subdivision 1, clause (3),
and includes all applicable taxes.
new text end

new text begin Subd. 2. new text end

new text begin Crime. new text end

new text begin A person is guilty of organized retail theft if the person:
new text end

new text begin (1) conspires with or otherwise agrees with another person to participate in conduct
constituting theft, as defined in section 609.52, subdivision 2, of retail property having a
total value of more than $1,000 from a retail establishment with intent to resell or reenter
the retail property in commerce for consideration; or
new text end

new text begin (2) receives, possesses, transfers, buys, or conceals retail property having a total
value of more than $1,000 knowing or having reason to know that the property was stolen
and with intent to resell or reenter the retail property in commerce for consideration.
new text end

new text begin Subd. 3. new text end

new text begin Penalties. new text end

new text begin (a) A person convicted of violating subdivision 2 may be
sentenced to imprisonment for not more than ten years or to payment of a fine of not
more than $20,000, or both.
new text end

new text begin (b) Any person convicted of violating subdivision 2 a second or subsequent time
within a period of four years may be sentenced to imprisonment for not more than 20 years
or to payment of a fine of not more than $100,000, or both.
new text end

new text begin Subd. 4. new text end

new text begin Aggregation. new text end

new text begin In any prosecution under subdivision 2, the value of the
retail property stolen within any six-month period may be aggregated and the defendant
charged accordingly; provided that when two or more offenses are committed in two
or more counties, the defendant may be prosecuted in any county in which one of the
offenses was committed for all of the offenses aggregated under this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2010, section 609.902, subdivision 4, is amended to read:

Subd. 4.

Criminal act.

"Criminal act" means conduct constituting, or a conspiracy
or attempt to commit, a felony violation of chapter 152, or a felony violation of section
297D.09; 299F.79; 299F.80; 299F.82; 609.185; 609.19; 609.195; 609.20; 609.205;
609.221; 609.222; 609.223; 609.2231; 609.228; 609.235; 609.245; 609.25; 609.27;
609.322; 609.342; 609.343; 609.344; 609.345; 609.42; 609.48; 609.485; 609.495;
609.496; 609.497; 609.498; 609.52, subdivision 2, if the offense is punishable under
subdivision 3, clause (3)(b) or clause 3(d)(v) or (vi); section 609.52, subdivision 2,
clause new text begin (1) or new text end (4); 609.527, if the crime is punishable under subdivision 3, clause (4);
609.528, if the crime is punishable under subdivision 3, clause (4); 609.53; 609.561;
609.562; 609.582, subdivision 1 or 2; 609.668, subdivision 6, paragraph (a); 609.67;
609.687; 609.713; 609.86; 609.894, subdivision 3 or 4; 609.895; 624.713; 624.7191; or
626A.02, subdivision 1, if the offense is punishable under section 626A.02, subdivision
4, paragraph (a). "Criminal act" also includes conduct constituting, or a conspiracy or
attempt to commit, a felony violation of section 609.52, subdivision 2, clause (3), (4),
(15), or (16), if the violation involves an insurance company as defined in section 60A.02,
subdivision 4, a nonprofit health service plan corporation regulated under chapter 62C,
a health maintenance organization regulated under chapter 62D, or a fraternal benefit
society regulated under chapter 64B.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to crimes
committed on or after that date.
new text end