HF 1094

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to crime victims; defining victim; amending
Minnesota Statutes 2004, section 611A.01.

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

Section 1.

Minnesota Statutes 2004, section 611A.01, is
amended to read:

611A.01 DEFINITIONS.

For the purposes of sections 611A.01 to 611A.06:

(a) "crime" means conduct that is prohibited by local
ordinance and results in bodily harm to an individual; or
conduct that is included within the definition of "crime" in
section 609.02, subdivision 1, or would be included within that
definition but for the fact that (i) the person engaging in the
conduct lacked capacity to commit the crime under the laws of
this state, or (ii) the act was alleged or found to have been
committed by a juvenile;

(b) "victim" means a natural person who incurs loss or harm
as a result of a crime, including a good faith effort to prevent
a crime, and for purposes of sections 611A.04 and 611A.045, also
includes (i) a corporation that incurs loss or harm as a result
of a crime, (ii) a government entity that incurs loss or harm as
a result of a crime, and (iii) any other entity authorized to
receive restitution under section 609.10 or 609.125. deleted text begin If the
victim is a natural person and is deceased, "victim" means the
deceased's surviving spouse or next of kin deleted text end new text begin The term "victim"
includes the family members of a minor, incompetent,
incapacitated, or deceased person. The term "victim" does not
include the person charged with or alleged to have committed the
crime new text end ; and

(c) "juvenile" has the same meaning as given to the term
"child" in section 260B.007, subdivision 3.