HF 2153

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; providing penalties for unlawful acts relating to
fraudulent identification cards; amending Minnesota Statutes 2006, section
609.652, subdivisions 1, 2, 3.

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

Section 1.

Minnesota Statutes 2006, section 609.652, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For purposes of this section:

(1) deleted text begin "driver's license or identification card" means a driver's license or identification
card issued by the Driver and Vehicle Services Division of the Department of Public
Safety or receipts issued by its authorized agents or those of any state as defined in section
171.01 that issues licenses recognized in this state for the operation of a motor vehicle
or that issues identification cards recognized in this state for the purpose of indicating a
person's legal name and age; deleted text end new text begin "identification document" means any document or card
issued to an individual by a government agency or by the authority of a government
agency containing the name of a person and a description of the person or the person's
photograph, or both, including any of the following: a passport, visa, birth certificate,
military identification card, Social Security card, driver's license, or an identification card; new text end

(2) deleted text begin "fraudulent driver's license or identification card" means a document purporting
to be a driver's license or identification card, but that is not authentic; and deleted text end new text begin "fraudulent
identification document" means a document purporting to be an identification document,
but that is not authentic; and
new text end

(3) "sell" means to sell, barter, deliver, exchange, distribute, or dispose of to another.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2006, section 609.652, subdivision 2, is amended to read:

Subd. 2.

Criminal acts.

(a) A person who does any of the following for
consideration and with intent to manufacture, sell, issue, publish, or pass more than one
fraudulent deleted text begin driver's license or deleted text end identification deleted text begin card deleted text end new text begin document new text end or to cause or permit any of the
items listed in clauses (1) to (5) to be used in forging or making more than one false or
counterfeit deleted text begin driver's license or deleted text end identification deleted text begin card deleted text end new text begin document new text end is guilty of a crime:

(1) has in control, custody, or possession any plate, block, press, stone, digital image,
computer software program, encoding equipment, computer optical scanning equipment,
or digital photo printer, or other implement, or any part of such an item, designed to assist
in making a fraudulent deleted text begin driver's license or deleted text end identification deleted text begin card deleted text end new text begin document new text end ;

(2) engraves, makes, or amends, or begins to engrave, make, or amend, any plate,
block, press, stone, or other implement for the purpose of producing a fraudulent deleted text begin driver's
license or deleted text end identification deleted text begin card deleted text end new text begin document new text end ;

(3) uses a photocopier, digital camera, photographic image, or computer software to
generate a fraudulent deleted text begin driver's license or deleted text end identification deleted text begin card deleted text end new text begin document new text end ;

(4) has in control, custody, or possession or makes or provides paper or other
material adapted and designed for the making of a fraudulent deleted text begin driver's license or deleted text end
identification deleted text begin card deleted text end new text begin document new text end ; or

(5) prints, photographs, or in any manner makes or executes an engraved photograph,
print, or impression purporting to be a deleted text begin driver's license or deleted text end identification deleted text begin card deleted text end new text begin document new text end .

(b) Notwithstanding section 171.22, a person who manufactures or possesses more
than one fraudulent deleted text begin driver's license or deleted text end identification deleted text begin card deleted text end new text begin document new text end with intent to sell
is guilty of a crime.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2006, section 609.652, subdivision 3, is amended to read:

Subd. 3.

Penalties.

new text begin (a) new text end A person who commits any act described in subdivision 2
is guilty of a deleted text begin gross misdemeanor deleted text end new text begin felony and may be sentenced to imprisonment for not
more than two years or to payment of a fine of not more than $10,000, or both new text end . A person
convicted of a second or subsequent offense of this subdivision may be sentenced to
imprisonment for not more than five years or to payment of a fine of not more than
deleted text begin $10,000 deleted text end new text begin $20,000 new text end , or both.

new text begin (b) If the crime committed in subdivision 2 involves more than three identities, the
statutory maximum for the crime is five years longer than the statutory maximum for the
underlying crime.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end