HF 734

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime; clarifying the crime of wrongfully 
  1.3             obtaining public assistance; amending Minnesota 
  1.4             Statutes 1998, section 256.98, subdivision 1. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1998, section 256.98, 
  1.7   subdivision 1, is amended to read: 
  1.8      Subdivision 1.  [WRONGFULLY OBTAINING ASSISTANCE.] A person 
  1.9   who commits any of the following acts or omissions with intent 
  1.10  to defeat the purposes of sections 145.891 to 145.897, 256.12, 
  1.11  256.031 to 256.361, 256.72 to 256.871, 256.9365, 256.94 to 
  1.12  256.966, child care, MFIP-S, chapter 256B, 256D, 256J, 256K, or 
  1.13  256L, or all of these sections, is guilty of theft and shall be 
  1.14  sentenced under section 609.52, subdivision 3, clauses (1) to 
  1.15  (5): 
  1.16     (1) obtains or attempts to obtain, or aids or abets any 
  1.17  person to obtain by means of a willfully false statement or 
  1.18  representation, by intentional concealment of any material fact, 
  1.19  or by impersonation or other fraudulent device, assistance or 
  1.20  the continued receipt of assistance, to include including child 
  1.21  care or vouchers produced according to sections 145.891 to 
  1.22  145.897 and MinnesotaCare services according to sections 
  1.23  256.9365, 256.94, and 256L.01 to 256L.16, to which the person is 
  1.24  not entitled or assistance greater than that to which the person 
  1.25  is entitled; 
  2.1      (2) knowingly aids or abets in buying or in any way 
  2.2   disposing of the property of a recipient or applicant of 
  2.3   assistance without the consent of the county agency. 
  2.4      The continued receipt of assistance to which the person is 
  2.5   not entitled or greater than that to which the person is 
  2.6   entitled as a result of any of the acts, failure to act, or 
  2.7   concealment described in this subdivision shall be deemed to be 
  2.8   continuing offenses from the date that the first act or failure 
  2.9   to act occurred. 
  2.10     Sec. 2.  [EFFECTIVE DATE.] 
  2.11     Section 1 is effective August 1, 1999, and applies to 
  2.12  crimes committed on or after that date.