HF 596

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to animals; making it a crime to harm a 
  1.3             service animal; providing for restitution; prescribing 
  1.4             penalties; amending Minnesota Statutes 2002, sections 
  1.5             343.21, subdivision 9; 609.52; proposing coding for 
  1.6             new law in Minnesota Statutes, chapter 343. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 343.21, 
  1.9   subdivision 9, is amended to read: 
  1.10     Subd. 9.  [PENALTY.] (a) Except as otherwise provided in 
  1.11  this subdivision, a person who fails to comply with any 
  1.12  provision of this section is guilty of a misdemeanor.  A person 
  1.13  convicted of a second or subsequent violation of subdivision 1 
  1.14  or 7 within five years of a previous violation of subdivision 1 
  1.15  or 7 is guilty of a gross misdemeanor. 
  1.16     (b) A person who intentionally violates subdivision 1 or 7 
  1.17  where the violation results in substantial bodily harm to a pet 
  1.18  or companion animal may be sentenced to imprisonment for not 
  1.19  more than one year or to payment of a fine of not more than 
  1.20  $3,000, or both. 
  1.21     (c) A person convicted of violating paragraph (b) within 
  1.22  five years of a previous gross misdemeanor or felony conviction 
  1.23  for violating this section may be sentenced to imprisonment for 
  1.24  not more than two years or to payment of a fine of not more than 
  1.25  $5,000, or both. 
  1.26     (d) A person who intentionally violates subdivision 1 or 7 
  2.1   where the violation results in death or great bodily harm to a 
  2.2   pet or companion animal may be sentenced to imprisonment for not 
  2.3   more than two years or to payment of a fine of not more than 
  2.4   $5,000, or both.  
  2.5      (e) A person who violates subdivision 8a where the 
  2.6   violation results in substantial bodily harm to a service animal 
  2.7   may be sentenced to imprisonment for not more than two years or 
  2.8   to payment of a fine of not more than $5,000, or both. 
  2.9      (f) A person who intentionally violates subdivision 1 or 7 
  2.10  where the violation results in substantial bodily harm to a pet 
  2.11  or companion animal, and the act is done to threaten, 
  2.12  intimidate, or terrorize another person, may be sentenced to 
  2.13  imprisonment for not more than two years or to payment of a fine 
  2.14  of not more than $5,000, or both. 
  2.15     (g) A person who violates subdivision 8a where the 
  2.16  violation results in death or great bodily harm to a service 
  2.17  animal may be sentenced to imprisonment for not more than four 
  2.18  years or to payment of a fine of not more than $10,000, or both. 
  2.19     (h) (f) A person who intentionally violates subdivision 1 
  2.20  or 7 where the violation results in death or great bodily harm 
  2.21  to a pet or companion animal, and the act is done to threaten, 
  2.22  intimidate, or terrorize another person, may be sentenced to 
  2.23  imprisonment for not more than four years or to payment of a 
  2.24  fine of not more than $10,000, or both.  
  2.25     Sec. 2.  [343.215] [HARMING A SERVICE ANIMAL; PENALTIES; 
  2.26  RESTITUTION.] 
  2.27     Subdivision 1.  [HARMING A SERVICE ANIMAL.] No person shall 
  2.28  intentionally and without justification cause bodily harm to a 
  2.29  service animal while it is providing service or while it is in 
  2.30  the custody of the person it serves in a place of public 
  2.31  accommodation. 
  2.32     Subd. 2.  [SUBSTANTIAL BODILY HARM.] A person who violates 
  2.33  subdivision 1, where the violation results in substantial bodily 
  2.34  harm to a service animal and there are veterinary bills but no 
  2.35  retraining of the service animal is required, is guilty of a 
  2.36  misdemeanor. 
  3.1      Subd. 3.  [SUBSTANTIAL BODILY HARM AND REPLACEMENT OR 
  3.2   RETRAINING COSTS.] A person who violates subdivision 1, where 
  3.3   the violation results in substantial bodily harm to a service 
  3.4   animal and there are replacement or retraining costs, is guilty 
  3.5   of a gross misdemeanor. 
  3.6      Subd. 4.  [FELONY.] A person who violates subdivision 1, 
  3.7   where the violation results in death or great bodily harm to a 
  3.8   service animal, may be sentenced to imprisonment for not more 
  3.9   than four years or to a payment of a fine of not more than 
  3.10  $10,000, or both. 
  3.11     Subd. 5.  [RESTITUTION.] A person who is convicted of a 
  3.12  violation of subdivisions 2 to 4 shall make restitution for 
  3.13  costs and expenses which result from the violation including, 
  3.14  but not limited to, the user's loss of income, veterinary 
  3.15  expenses, travel costs, and other expenses of temporary 
  3.16  replacement assistance services, and replacement costs, 
  3.17  including retraining of the service animal incurred by the 
  3.18  school or agency providing the replacement service animal if the 
  3.19  service animal is no longer able to safely or dependably perform 
  3.20  its duties. 
  3.21     Subd. 6.  [ENFORCEMENT.] Enforcement of subdivisions 1 to 6 
  3.22  shall be by law enforcement and not animal control officers. 
  3.23     Subd. 7.  [NO AFFECT ON REMEDIES.] Nothing in subdivisions 
  3.24  1 to 5 are intended to affect any civil remedies available for 
  3.25  violations of this section. 
  3.26     Subd. 8.  [PLACE OF PUBLIC ACCOMMODATION.] For purposes of 
  3.27  this section, "place of public accommodation" means a business, 
  3.28  accommodation, refreshment, entertainment, recreation, or 
  3.29  transportation facility of any kind, whether licensed or not, 
  3.30  whose goods, services, facilities, privileges, advantages, or 
  3.31  accommodations are extended, offered, sold, or otherwise made 
  3.32  available to the public. 
  3.33     Sec. 3.  Minnesota Statutes 2002, section 609.52, is 
  3.34  amended to read: 
  3.35     609.52 [THEFT.] 
  3.36     Subdivision 1.  [DEFINITIONS.] In this section: 
  4.1      (1) "Property" means all forms of tangible property, 
  4.2   whether real or personal, without limitation including documents 
  4.3   of value, electricity, gas, water, corpses, domestic animals, 
  4.4   dogs, pets, fowl, and heat supplied by pipe or conduit by 
  4.5   municipalities or public utility companies and articles, as 
  4.6   defined in clause (4), representing trade secrets, which 
  4.7   articles shall be deemed for the purposes of Extra Session Laws 
  4.8   1967, chapter 15 to include any trade secret represented by the 
  4.9   article. 
  4.10     (2) "Movable property" is property whose physical location 
  4.11  can be changed, including without limitation things growing on, 
  4.12  affixed to, or found in land. 
  4.13     (3) "Value" means the retail market value at the time of 
  4.14  the theft, or if the retail market value cannot be ascertained, 
  4.15  the cost of replacement of the property within a reasonable time 
  4.16  after the theft, or in the case of a theft or the making of a 
  4.17  copy of an article representing a trade secret, where the retail 
  4.18  market value or replacement cost cannot be ascertained, any 
  4.19  reasonable value representing the damage to the owner which the 
  4.20  owner has suffered by reason of losing an advantage over those 
  4.21  who do not know of or use the trade secret.  For a check, draft, 
  4.22  or other order for the payment of money, "value" means the 
  4.23  amount of money promised or ordered to be paid under the terms 
  4.24  of the check, draft, or other order.  For a theft committed 
  4.25  within the meaning of subdivision 2, clause (5), items (i) and 
  4.26  (ii), if the property has been restored to the owner, "value" 
  4.27  means the value of the use of the property or the damage which 
  4.28  it sustained, whichever is greater, while the owner was deprived 
  4.29  of its possession, but not exceeding the value otherwise 
  4.30  provided herein.  For a theft committed within the meaning of 
  4.31  subdivision 2, clause (9), if the property has been restored to 
  4.32  the owner, "value" means the rental value of the property, 
  4.33  determined at the rental rate contracted by the defendant or, if 
  4.34  no rental rate was contracted, the rental rate customarily 
  4.35  charged by the owner for use of the property, plus any damage 
  4.36  that occurred to the property while the owner was deprived of 
  5.1   its possession, but not exceeding the total retail value of the 
  5.2   property at the time of rental. 
  5.3      (4) "Article" means any object, material, device or 
  5.4   substance, including any writing, record, recording, drawing, 
  5.5   sample specimen, prototype, model, photograph, microorganism, 
  5.6   blueprint or map, or any copy of any of the foregoing. 
  5.7      (5) "Representing" means describing, depicting, containing, 
  5.8   constituting, reflecting or recording. 
  5.9      (6) "Trade secret" means information, including a formula, 
  5.10  pattern, compilation, program, device, method, technique, or 
  5.11  process, that:  
  5.12     (i) derives independent economic value, actual or 
  5.13  potential, from not being generally known to, and not being 
  5.14  readily ascertainable by proper means by, other persons who can 
  5.15  obtain economic value from its disclosure or use, and 
  5.16     (ii) is the subject of efforts that are reasonable under 
  5.17  the circumstances to maintain its secrecy. 
  5.18     (7) "Copy" means any facsimile, replica, photograph or 
  5.19  other reproduction of an article, and any note, drawing, or 
  5.20  sketch made of or from an article while in the presence of the 
  5.21  article. 
  5.22     (8) "Property of another" includes property in which the 
  5.23  actor is coowner or has a lien, pledge, bailment, or lease or 
  5.24  other subordinate interest, property transferred by the actor in 
  5.25  circumstances which are known to the actor and which make the 
  5.26  transfer fraudulent as defined in section 513.44, property 
  5.27  possessed pursuant to a short-term rental contract, and property 
  5.28  of a partnership of which the actor is a member, unless the 
  5.29  actor and the victim are husband and wife.  It does not include 
  5.30  property in which the actor asserts in good faith a claim as a 
  5.31  collection fee or commission out of property or funds recovered, 
  5.32  or by virtue of a lien, setoff, or counterclaim.  
  5.33     (9) "Services" include but are not limited to labor, 
  5.34  professional services, transportation services, electronic 
  5.35  computer services, the supplying of hotel accommodations, 
  5.36  restaurant services, entertainment services, advertising 
  6.1   services, telecommunication services, and the supplying of 
  6.2   equipment for use including rental of personal property or 
  6.3   equipment.  
  6.4      (10) "Motor vehicle" means a self-propelled device for 
  6.5   moving persons or property or pulling implements from one place 
  6.6   to another, whether the device is operated on land, rails, 
  6.7   water, or in the air. 
  6.8      (11) "Service animal" means an animal trained to assist a 
  6.9   person with a disability. 
  6.10     Subd. 2.  [ACTS CONSTITUTING THEFT.] Whoever does any of 
  6.11  the following commits theft and may be sentenced as provided in 
  6.12  subdivision 3: 
  6.13     (1) intentionally and without claim of right takes, uses, 
  6.14  transfers, conceals or retains possession of movable property of 
  6.15  another without the other's consent and with intent to deprive 
  6.16  the owner permanently of possession of the property; or 
  6.17     (2) having a legal interest in movable property, 
  6.18  intentionally and without consent, takes the property out of the 
  6.19  possession of a pledgee or other person having a superior right 
  6.20  of possession, with intent thereby to deprive the pledgee or 
  6.21  other person permanently of the possession of the property; or 
  6.22     (3) obtains for the actor or another the possession, 
  6.23  custody, or title to property of or performance of services by a 
  6.24  third person by intentionally deceiving the third person with a 
  6.25  false representation which is known to be false, made with 
  6.26  intent to defraud, and which does defraud the person to whom it 
  6.27  is made.  "False representation" includes without limitation: 
  6.28     (i) the issuance of a check, draft, or order for the 
  6.29  payment of money, except a forged check as defined in section 
  6.30  609.631, or the delivery of property knowing that the actor is 
  6.31  not entitled to draw upon the drawee therefor or to order the 
  6.32  payment or delivery thereof; or 
  6.33     (ii) a promise made with intent not to perform.  Failure to 
  6.34  perform is not evidence of intent not to perform unless 
  6.35  corroborated by other substantial evidence; or 
  6.36     (iii) the preparation or filing of a claim for 
  7.1   reimbursement, a rate application, or a cost report used to 
  7.2   establish a rate or claim for payment for medical care provided 
  7.3   to a recipient of medical assistance under chapter 256B, which 
  7.4   intentionally and falsely states the costs of or actual services 
  7.5   provided by a vendor of medical care; or 
  7.6      (iv) the preparation or filing of a claim for reimbursement 
  7.7   for providing treatment or supplies required to be furnished to 
  7.8   an employee under section 176.135 which intentionally and 
  7.9   falsely states the costs of or actual treatment or supplies 
  7.10  provided; or 
  7.11     (v) the preparation or filing of a claim for reimbursement 
  7.12  for providing treatment or supplies required to be furnished to 
  7.13  an employee under section 176.135 for treatment or supplies that 
  7.14  the provider knew were medically unnecessary, inappropriate, or 
  7.15  excessive; or 
  7.16     (4) by swindling, whether by artifice, trick, device, or 
  7.17  any other means, obtains property or services from another 
  7.18  person; or 
  7.19     (5) intentionally commits any of the acts listed in this 
  7.20  subdivision but with intent to exercise temporary control only 
  7.21  and: 
  7.22     (i) the control exercised manifests an indifference to the 
  7.23  rights of the owner or the restoration of the property to the 
  7.24  owner; or 
  7.25     (ii) the actor pledges or otherwise attempts to subject the 
  7.26  property to an adverse claim; or 
  7.27     (iii) the actor intends to restore the property only on 
  7.28  condition that the owner pay a reward or buy back or make other 
  7.29  compensation; or 
  7.30     (6) finds lost property and, knowing or having reasonable 
  7.31  means of ascertaining the true owner, appropriates it to the 
  7.32  finder's own use or to that of another not entitled thereto 
  7.33  without first having made reasonable effort to find the owner 
  7.34  and offer and surrender the property to the owner; or 
  7.35     (7) intentionally obtains property or services, offered 
  7.36  upon the deposit of a sum of money or tokens in a coin or token 
  8.1   operated machine or other receptacle, without making the 
  8.2   required deposit or otherwise obtaining the consent of the 
  8.3   owner; or 
  8.4      (8) intentionally and without claim of right converts any 
  8.5   article representing a trade secret, knowing it to be such, to 
  8.6   the actor's own use or that of another person or makes a copy of 
  8.7   an article representing a trade secret, knowing it to be such, 
  8.8   and intentionally and without claim of right converts the same 
  8.9   to the actor's own use or that of another person.  It shall be a 
  8.10  complete defense to any prosecution under this clause for the 
  8.11  defendant to show that information comprising the trade secret 
  8.12  was rightfully known or available to the defendant from a source 
  8.13  other than the owner of the trade secret; or 
  8.14     (9) leases or rents personal property under a written 
  8.15  instrument and who: 
  8.16     (i) with intent to place the property beyond the control of 
  8.17  the lessor conceals or aids or abets the concealment of the 
  8.18  property or any part thereof; or 
  8.19     (ii) sells, conveys, or encumbers the property or any part 
  8.20  thereof without the written consent of the lessor, without 
  8.21  informing the person to whom the lessee sells, conveys, or 
  8.22  encumbers that the same is subject to such lease or rental 
  8.23  contract with intent to deprive the lessor of possession 
  8.24  thereof; or 
  8.25     (iii) does not return the property to the lessor at the end 
  8.26  of the lease or rental term, plus agreed upon extensions, with 
  8.27  intent to wrongfully deprive the lessor of possession of the 
  8.28  property; or 
  8.29     (iv) returns the property to the lessor at the end of the 
  8.30  lease or rental term, plus agreed upon extensions, but does not 
  8.31  pay the lease or rental charges agreed upon in the written 
  8.32  instrument, with intent to wrongfully deprive the lessor of the 
  8.33  agreed upon charges.  
  8.34  For the purposes of items (iii) and (iv), the value of the 
  8.35  property must be at least $100. 
  8.36  Evidence that a lessee used a false, fictitious, or not current 
  9.1   name, address, or place of employment in obtaining the property 
  9.2   or fails or refuses to return the property or pay the rental 
  9.3   contract charges to lessor within five days after written demand 
  9.4   for the return has been served personally in the manner provided 
  9.5   for service of process of a civil action or sent by certified 
  9.6   mail to the last known address of the lessee, whichever shall 
  9.7   occur later, shall be evidence of intent to violate this 
  9.8   clause.  Service by certified mail shall be deemed to be 
  9.9   complete upon deposit in the United States mail of such demand, 
  9.10  postpaid and addressed to the person at the address for the 
  9.11  person set forth in the lease or rental agreement, or, in the 
  9.12  absence of the address, to the person's last known place of 
  9.13  residence; or 
  9.14     (10) alters, removes, or obliterates numbers or symbols 
  9.15  placed on movable property for purpose of identification by the 
  9.16  owner or person who has legal custody or right to possession 
  9.17  thereof with the intent to prevent identification, if the person 
  9.18  who alters, removes, or obliterates the numbers or symbols is 
  9.19  not the owner and does not have the permission of the owner to 
  9.20  make the alteration, removal, or obliteration; or 
  9.21     (11) with the intent to prevent the identification of 
  9.22  property involved, so as to deprive the rightful owner of 
  9.23  possession thereof, alters or removes any permanent serial 
  9.24  number, permanent distinguishing number or manufacturer's 
  9.25  identification number on personal property or possesses, sells 
  9.26  or buys any personal property knowing or having reason to know 
  9.27  that the permanent serial number, permanent distinguishing 
  9.28  number or manufacturer's identification number has been removed 
  9.29  or altered; or 
  9.30     (12) intentionally deprives another of a lawful charge for 
  9.31  cable television service by: 
  9.32     (i) making or using or attempting to make or use an 
  9.33  unauthorized external connection outside the individual dwelling 
  9.34  unit whether physical, electrical, acoustical, inductive, or 
  9.35  other connection; or by 
  9.36     (ii) attaching any unauthorized device to any cable, wire, 
 10.1   microwave, or other component of a licensed cable communications 
 10.2   system as defined in chapter 238.  Nothing herein shall be 
 10.3   construed to prohibit the electronic video rerecording of 
 10.4   program material transmitted on the cable communications system 
 10.5   by a subscriber for fair use as defined by Public Law Number 
 10.6   94-553, section 107; or 
 10.7      (13) except as provided in paragraphs (12) and (14), 
 10.8   obtains the services of another with the intention of receiving 
 10.9   those services without making the agreed or reasonably expected 
 10.10  payment of money or other consideration; or 
 10.11     (14) intentionally deprives another of a lawful charge for 
 10.12  telecommunications service by:  
 10.13     (i) making, using, or attempting to make or use an 
 10.14  unauthorized connection whether physical, electrical, by wire, 
 10.15  microwave, radio, or other means to a component of a local 
 10.16  telecommunication system as provided in chapter 237; or 
 10.17     (ii) attaching an unauthorized device to a cable, wire, 
 10.18  microwave, radio, or other component of a local 
 10.19  telecommunication system as provided in chapter 237.  
 10.20     The existence of an unauthorized connection is prima facie 
 10.21  evidence that the occupier of the premises:  
 10.22     (i) made or was aware of the connection; and 
 10.23     (ii) was aware that the connection was unauthorized; or 
 10.24     (15) with intent to defraud, diverts corporate property 
 10.25  other than in accordance with general business purposes or for 
 10.26  purposes other than those specified in the corporation's 
 10.27  articles of incorporation; or 
 10.28     (16) with intent to defraud, authorizes or causes a 
 10.29  corporation to make a distribution in violation of section 
 10.30  302A.551, or any other state law in conformity with it; or 
 10.31     (17) takes or drives a motor vehicle without the consent of 
 10.32  the owner or an authorized agent of the owner, knowing or having 
 10.33  reason to know that the owner or an authorized agent of the 
 10.34  owner did not give consent; or 
 10.35     (18) takes a handler's service animal without consent of 
 10.36  the handler. 
 11.1      Subd. 3.  [SENTENCE.] Whoever commits theft may be 
 11.2   sentenced as follows: 
 11.3      (1) to imprisonment for not more than 20 years or to 
 11.4   payment of a fine of not more than $100,000, or both, if the 
 11.5   property is a firearm, or the value of the property or services 
 11.6   stolen is more than $35,000 and the conviction is for a 
 11.7   violation of subdivision 2, clause (3), (4), (15), or (16); or 
 11.8      (2) to imprisonment for not more than ten years or to 
 11.9   payment of a fine of not more than $20,000, or both, if the 
 11.10  value of the property or services stolen exceeds $2,500, or if 
 11.11  the property stolen was an article representing a trade secret, 
 11.12  an explosive or incendiary device, or a controlled substance 
 11.13  listed in schedule I or II pursuant to section 152.02 with the 
 11.14  exception of marijuana; or 
 11.15     (3) to imprisonment for not more than five years or to 
 11.16  payment of a fine of not more than $10,000, or both, if: 
 11.17     (a) the value of the property or services stolen is more 
 11.18  than $500 but not more than $2,500; or 
 11.19     (b) the property stolen was a controlled substance listed 
 11.20  in schedule III, IV, or V pursuant to section 152.02; or 
 11.21     (c) the value of the property or services stolen is more 
 11.22  than $250 but not more than $500 and the person has been 
 11.23  convicted within the preceding five years for an offense under 
 11.24  this section, section 256.98; 268.182; 609.24; 609.245; 609.53; 
 11.25  609.582, subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or 
 11.26  609.821, or a statute from another state, the United States, or 
 11.27  a foreign jurisdiction, in conformity with any of those 
 11.28  sections, and the person received a felony or gross misdemeanor 
 11.29  sentence for the offense, or a sentence that was stayed under 
 11.30  section 609.135 if the offense to which a plea was entered would 
 11.31  allow imposition of a felony or gross misdemeanor sentence; or 
 11.32     (d) the value of the property or services stolen is not 
 11.33  more than $500, and any of the following circumstances exist: 
 11.34     (i) the property is taken from the person of another or 
 11.35  from a corpse, or grave or coffin containing a corpse; or 
 11.36     (ii) the property is a record of a court or officer, or a 
 12.1   writing, instrument or record kept, filed or deposited according 
 12.2   to law with or in the keeping of any public officer or office; 
 12.3   or 
 12.4      (iii) the property is taken from a burning, abandoned, or 
 12.5   vacant building or upon its removal therefrom, or from an area 
 12.6   of destruction caused by civil disaster, riot, bombing, or the 
 12.7   proximity of battle; or 
 12.8      (iv) the property consists of public funds belonging to the 
 12.9   state or to any political subdivision or agency thereof; or 
 12.10     (v) the property stolen is a motor vehicle; or 
 12.11     (4) to imprisonment for not more than one year or to 
 12.12  payment of a fine of not more than $3,000, or both, if the value 
 12.13  of the property or services stolen is more than $250 but not 
 12.14  more than $500; or 
 12.15     (5) in all other cases where the value of the property or 
 12.16  services stolen is $250 or less, to imprisonment for not more 
 12.17  than 90 days or to payment of a fine of not more than $700, or 
 12.18  both, provided, however, in any prosecution under subdivision 2, 
 12.19  clauses (1), (2), (3), (4), and (13), the value of the money or 
 12.20  property or services received by the defendant in violation of 
 12.21  any one or more of the above provisions within any six-month 
 12.22  period may be aggregated and the defendant charged accordingly 
 12.23  in applying the provisions of this subdivision; provided that 
 12.24  when two or more offenses are committed by the same person in 
 12.25  two or more counties, the accused may be prosecuted in any 
 12.26  county in which one of the offenses was committed for all of the 
 12.27  offenses aggregated under this paragraph. 
 12.28     Subd. 4.  [WRONGFULLY OBTAINED PUBLIC ASSISTANCE; 
 12.29  CONSIDERATION OF DISQUALIFICATION.] When determining the 
 12.30  sentence for a person convicted of theft by wrongfully obtaining 
 12.31  public assistance, as defined in section 256.98, subdivision 1, 
 12.32  the court shall consider the fact that, under section 256.98, 
 12.33  subdivision 8, the person will be disqualified from receiving 
 12.34  public assistance as a result of the person's conviction. 
 12.35     Sec. 4.  [EFFECTIVE DATE.] 
 12.36     Sections 1 to 3 are effective August 1, 2003, and apply to 
 13.1   crimes committed on or after that date.