Minnesota Legislature
HF 3059
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Current Version - as introduced
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A bill for an act
relating to crime; adding documents that are included in the crime of aggravated
forgery; increasing penalty for aggravated forgery; establishing sex trafficking
as a separate crime from the promotion of prostitution; amending Minnesota
Statutes 2006, sections 609.281, subdivision 4, by adding subdivisions; 609.282,
subdivisions 1, 2; 609.321, subdivision 7a; 609.625, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapter 299A; proposing coding for
new law as Minnesota Statutes, chapter 326C.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[299A.695] PREEMPTION OF LOCAL LAW; ILLEGAL
IMMIGRATION.
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new text begin Subdivision 1. new text end
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Immigration status; prohibiting local governmental interference.
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(a) Notwithstanding any other provision of state or local law, a local governmental unit
or official may not prohibit by law, resolution, or ordinance, or in any way restrict any
governmental unit, official, or employee from sending to or receiving from United States
immigration authorities information regarding the citizenship or immigration status,
lawful or unlawful, of any individual.
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(b) Notwithstanding any other provision of state or local law, no local governmental
unit or local official may prohibit, or in any way restrict, a federal, state, or local
governmental employee from doing any of the following with respect to information
regarding the immigration status, lawful or unlawful, of any individual:
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(1) inquiring about a person's immigration status;
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(2) sending immigration information to, or requesting or receiving the information
from, the United States Immigration and Customs Enforcement Agency;
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(3) maintaining immigration information; and
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(4) exchanging immigration information with any other federal, state, or local
governmental unit.
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new text begin Subd. 2. new text end
new text begin Local governmental unit. new text end
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For purposes of this section, "local
governmental unit" means a county, statutory city, home rule charter city, or town.
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Sec. 2.
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[326C.01] FEDERAL IMMIGRATION LAW COMPLIANCE
REQUIRED FOR STATE LICENSURE.
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new text begin Subdivision 1. new text end
new text begin Actions against a license and a licensed person. new text end
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In addition to
any disciplinary action, sanctions, and penalties otherwise provided by state law, a state
agency that issues a license to a person may deny, suspend, or revoke the person's license
and may impose against the person a penalty as provided in subdivision 4 if the person has
violated federal immigration laws by knowingly hiring, recruiting, referring for a fee, or
continuing to employ, an unauthorized alien. In taking action against the person or the
person's license under this section, the agency shall use existing laws and procedures that
govern the agency's authority to take action against a person or person's license.
new text end
new text begin Subd. 2. new text end
new text begin Violations established. new text end
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For purposes of subdivision 1, a state agency
may establish that a person has violated federal immigration laws by knowingly hiring,
recruiting, referring for a fee, or continuing to employ an unauthorized alien by the
following:
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(1) a final order or fine issued by the United States Immigration and Customs
Enforcement office;
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(2) a final order following a hearing conducted by the federal Office of the Chief
Administrative Hearing Officer, Executive Office for Immigration Review, United States
Department of Justice; or
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(3) a criminal conviction or settlement.
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new text begin Subd. 3. new text end
new text begin Definitions. new text end
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For the purposes of this section, the following definitions
apply:
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(1) "license" includes a certification, registration, permit, or other authorization
required for a business or employer to operate in Minnesota that is issued by a state agency;
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(2) "person" includes any individual, limited liability company, corporation,
partnership, incorporated or unincorporated association, cooperative, sole proprietorship,
joint stock company, or any other legal or commercial entity; and
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(3) "state agency" means the state, and any office, officer, department, division,
bureau, board, commissioner, authority, district, or agency, including, but not limited to,
the University of Minnesota and the Minnesota State Colleges and Universities system.
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new text begin Subd. 4. new text end
new text begin Penalties. new text end
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Penalties imposed by a state agency under this section shall
be as follows:
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(1) for a first violation, a person shall be penalized not less than $250 but not more
than $2,000 per unauthorized alien with respect to whom the first violation occurred;
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(2) for a second violation, the person shall be penalized not less than $2,000 but
not more than $3,000 per unauthorized alien with respect to whom the second violation
occurred; and
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(3) for a third and subsequent violation, the person shall be penalized not less than
$3,000 but not more than $5,000 per unauthorized alien with respect to whom the third
and subsequent violation occurred.
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new text begin Subd. 5. new text end
new text begin E-Verify. new text end
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For purposes of this section, proof of verifying the employment
authorization of an employee through the federal E-Verify program creates a rebuttable
presumption that a person did not knowingly hire, recruit, refer for a fee, or continue to
employ an unauthorized alien in violation of federal immigration law.
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new text begin Subd. 6. new text end
new text begin License applications. new text end
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By January 1, 2010, all applications for licenses
issued by state agencies shall require a sworn statement from the applicant that the
applicant has complied with and will continue to comply with all federal immigration laws
governing the hiring, retention, recruiting, or referral of employees or contract personnel.
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Sec. 3.
Minnesota Statutes 2006, section 609.281, subdivision 4, is amended to read:
Subd. 4.
new text begin Forced; new text end forced labor or services.
new text begin "Forced" or new text end "forced labor or services"
means labor or services that are performed or provided by another person and are obtained
or maintained through an actor's:
(1) threat, either implicit or explicit, scheme, plan, or pattern, or other action
intended to cause a person to believe that, if the person did not perform or provide the labor
or services, that person or another person would suffer bodily harm or physical restraint;
(2) physically restraining or threatening to physically restrain a person;
(3) abuse or threatened abuse of the legal process;
(4) knowingly destroying, concealing, removing, confiscating, or possessing any
actual or purported passport or other immigration document, or any other actual or
purported government identification document, of another person; or
(5) use of blackmail.
Sec. 4.
Minnesota Statutes 2006, section 609.281, is amended by adding a subdivision
to read:
new text begin Subd. 7. new text end
new text begin Nudity. new text end
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"Nudity" has the meaning given in section 617.292, subdivision 3.
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Sec. 5.
Minnesota Statutes 2006, section 609.281, is amended by adding a subdivision
to read:
new text begin Subd. 8. new text end
new text begin Performance. new text end
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"Performance" has the meaning given in section 617.241,
subdivision 1, paragraph (f).
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Sec. 6.
Minnesota Statutes 2006, section 609.281, is amended by adding a subdivision
to read:
new text begin Subd. 9. new text end
new text begin Sexual performance. new text end
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"Sexual performance" means any play, dance, or
other exhibition presented before an audience or for purposes of visual or mechanical
reproduction that uses a person to depict actual or simulated sexual conduct as defined by
section 617.241, subdivision 1, paragraph (b).
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Sec. 7.
Minnesota Statutes 2006, section 609.282, subdivision 1, is amended to read:
Subdivision 1.
Individuals under age 18.
Whoever knowingly engages in the labor
new text begin or sex new text end trafficking of an individual who is under the age of 18 is guilty of a crime and
may be sentenced to imprisonment for not more than 20 years or to payment of a fine of
not more than $40,000, or both.
Sec. 8.
Minnesota Statutes 2006, section 609.282, subdivision 2, is amended to read:
Subd. 2.
Other offenses.
Whoever knowingly engages in the labornew text begin or sex new text end trafficking
of another is guilty of a crime and may be sentenced to imprisonment for not more than 15
years or to payment of a fine of not more than $30,000, or both.
Sec. 9.
Minnesota Statutes 2006, section 609.321, subdivision 7a, is amended to read:
Subd. 7a.
Sex trafficking.
"Sex trafficking" means receiving, recruiting, enticing,
harboring, providing, or obtaining by any means an individual to aid in thenew text begin :new text end
new text begin (1) new text end prostitution of the individualnew text begin ;
new text end
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(2) forced sexual performance by the individual; or
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new text begin (3) forced performance involving nudity by the individualnew text end .
Sec. 10.
Minnesota Statutes 2006, section 609.625, subdivision 1, is amended to read:
Subdivision 1.
Making or altering writing or object.
Whoever, with intent to
defraud, falsely makes or alters a writing or object of any of the following kinds so that it
purports to have been made by another or by the maker or alterer under an assumed or
fictitious name, or at another time, or with different provisions, or by authority of one
who did not give such authority, is guilty of aggravated forgery and may be sentenced
to imprisonment for not more than deleted text begin tendeleted text end new text begin 20new text end years or to payment of a fine of not more than
deleted text begin $20,000deleted text end new text begin $40,000new text end , or both:
(1) a writing or object whereby, when genuine, legal rights, privileges, or obligations
are created, terminated, transferred, or evidenced, or any writing normally relied upon as
evidence of debt or property rights, other than a check as defined in section 609.631 or a
financial transaction card as defined in section 609.821; or
(2) an official seal or the seal of a corporation; or
(3) a public record or an official authentication or certification of a copy thereof; or
(4) an official return or certificate entitled to be received as evidence of its contents;
or
(5) a court order, judgment, decree, or process; or
(6) the records or accounts of a public body, office, or officer; deleted text begin or
deleted text end
(7) the records or accounts of a bank or person, with whom funds of the state or any
of its agencies or subdivisions are deposited or entrusted, relating to such fundsnew text begin ;
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(8) an unexpired or expired United States passport;
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(9) a driver's license;
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(10) an identification card issued by federal, state, or local agencies or entities,
provided it contains a photograph or information, such as name, date of birth, gender,
height, eye color, and address;
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(11) a school identification card with a photograph;
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(12) a voter registration card;
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(13) a United States military identification card or draft record;
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(14) a Native American tribal document;
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(15) a social security card issued by the United States Social Security Administration;
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(16) a Consular Report of Birth Abroad of a Citizen of the United States of America;
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(17) United States Citizen Identification Card; or
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new text begin (18) an identification card for use of resident citizen in the United Statesnew text end .
new text begin EFFECTIVE DATE. new text end
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This section is effective August 1, 2008, and applies to crimes
committed on or after that date.
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Sec. 11. new text begin REVISOR'S INSTRUCTION.
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In Minnesota Statutes, the revisor of statutes shall renumber section 609.294,
subdivision 7a, as section 609.281, subdivision 9, and section 609.294, subdivision 7b,
as section 609.281, subdivision 10, and correct any cross-references resulting from the
renumbering.
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