HF 3774

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

A bill for an act
relating to public safety; increasing penalties for unlawful acts relating to
drivers' licenses; creating the crime of fraudulent identification cards; increasing
penalties for manufacturer or selling fraudulent identification cards; modifying
immigration status verification; requiring documentation of citizenship; requiring
reporting of undocumented immigrants; amending Minnesota Statutes 2004,
sections 171.22, subdivision 2; 256.01, subdivision 18, by adding subdivisions;
609.527, by adding a subdivision; 609.652, subdivisions 1, 3; Minnesota Statutes
2005 Supplement, section 609.527, subdivision 1.

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

Section 1.

Minnesota Statutes 2004, section 171.22, subdivision 2, is amended to read:

Subd. 2.

Penalties.

Any person who violates subdivision 1, clause new text begin (1), (3), new text end (7) new text begin , new text end or
(8), is guilty of a gross misdemeanor. Any person who violates any other provision of
subdivision 1 is guilty of a misdemeanor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2004, section 256.01, subdivision 18, is amended to read:

Subd. 18.

Immigration status verifications.

(a) Notwithstanding any waiver of
this requirement by the secretary of the United States Department of Health and Human
Services, effective July 1, 2001, the commissioner shall utilize the Systematic Alien
Verification for Entitlements (SAVE) program to conduct immigration status verifications:

(1) as required under United States Code, title 8, section 1642;

(2) for all applicants for food assistance benefits, whether under the federal food
stamp program, the MFIP or work first program, or the Minnesota food assistance program;

(3) for all applicants for general assistance medical care, except assistance for an
emergency medical condition, for immunization with respect to an immunizable disease,
or for testing and treatment of symptoms of a communicable disease; and

(4) for all applicants for general assistance, Minnesota supplemental aid, new text begin medical
assistance, federally funded and nonfederally funded new text end MinnesotaCare, or group residential
housing, when the benefits provided by these programs would fall under the definition of
"federal public benefit" under United States Code, title 8, section 1642, if federal funds
were used to pay for all or part of the benefits.

(b) The commissioner shall comply with the reporting requirements under United
States Code, title 42, section 611a, and any federal regulation or guidance adopted under
that law.

Sec. 3.

Minnesota Statutes 2004, section 256.01, is amended by adding a subdivision
to read:

new text begin Subd. 18a. new text end

new text begin Reporting undocumented immigrants. new text end

new text begin (a) The commissioner shall
require all employees of the state and counties to make a written report to the United States
Citizenship and Immigration Service (USCIS) for any violation of federal immigration
law by any applicant for public benefits under chapter 256B, 256D, 256J, or 256L, that is
discovered by the employee. Employees do not need an applicant's written authorization
to contact USCIS.
new text end

new text begin (b) Failure to report discovered violations of federal immigration law by an
employee is a petty misdemeanor under section 609.02, subdivision 4a, and is punishable
by a fine of up to $300. If the employee's supervisor knows of a failure to report and fails
to direct the employee to make the report, the supervisor is guilty of a petty misdemeanor
under section 609.02, subdivision 4a, which is punishable by a fine of up to $300.
new text end

new text begin (c) This subdivision shall be enforced without regard to race, religion, gender,
ethnicity, or national origin. Any person who is a resident of this state shall have standing
in any court of record to bring suit against any agent or agency of this state or its counties
to remedy any violation of any provision of this subdivision.
new text end

Sec. 4.

Minnesota Statutes 2004, section 256.01, is amended by adding a subdivision
to read:

new text begin Subd. 23. new text end

new text begin Documentation of citizenship. new text end

new text begin The commissioner of human services
shall require an applicant for a state health care or income support program who claims
status as a citizen or national of the United States to present satisfactory documentary
evidence of citizenship or nationality of the individual, as specified in Title VI, subpart B,
chapter 3, section 6036 of the Deficit Reduction Act of 2005 (Public Law 109-171). For
purposes of this subdivision, "state health care or income support program" means any
program for which SAVE verification is required under subdivision 18.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006, and applies to
determinations of initial eligibility for a state health care or income support program
made on or after July 1, 2006, and to the first redetermination or renewal of eligibility
made on or after July 1, 2006, for individuals enrolled in a state health care or income
support program as of that date.
new text end

Sec. 5.

Minnesota Statutes 2005 Supplement, section 609.527, subdivision 1, is
amended to read:

Subdivision 1.

Definitions.

(a) As used in this section, the following terms have the
meanings given them in this subdivision.

(b) "Direct victim" means any person or entity described in section 611A.01,
paragraph (b), whose identity has been transferred, used, or possessed in violation of
this section.

(c) "False pretense" means any false, fictitious, misleading, or fraudulent information
or pretense or pretext depicting or including or deceptively similar to the name, logo, Web
site address, e-mail address, postal address, telephone number, or any other identifying
information of a for-profit or not-for-profit business or organization or of a government
agency, to which the user has no legitimate claim of right.

new text begin (d) "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, military identification card, Social Security card,
driver's license, or an identification card.
new text end

deleted text begin (d) deleted text end new text begin (e) new text end "Identity" means any name, number, or data transmission that may be used,
alone or in conjunction with any other information, to identify a specific individual or
entity, including any of the following:

(1) a name, Social Security number, date of birth, official government-issued
driver's license or identification number, government passport number, or employer or
taxpayer identification number;

(2) unique electronic identification number, address, account number, or routing
code; or

(3) telecommunication identification information or access device.

deleted text begin (e) deleted text end new text begin (f) new text end "Indirect victim" means any person or entity described in section 611A.01,
paragraph (b), other than a direct victim.

deleted text begin (f) deleted text end new text begin (g) new text end "Loss" means value obtained, as defined in section 609.52, subdivision 1,
clause (3), and expenses incurred by a direct or indirect victim as a result of a violation
of this section.

deleted text begin (g) deleted text end new text begin (h) new text end "Unlawful activity" means:

(1) any felony violation of the laws of this state or any felony violation of a similar
law of another state or the United States; and

(2) any nonfelony violation of the laws of this state involving theft, theft by swindle,
forgery, fraud, or giving false information to a public official, or any nonfelony violation
of a similar law of another state or the United States.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2004, section 609.527, is amended by adding a subdivision
to read:

new text begin Subd. 5b. new text end

new text begin Fraudulent identification cards; crime. new text end

new text begin A person who (1) knowingly
possesses, displays, or uses any false, fictitious, fraudulent, or altered identification
document, or (2) displays or represents as one's own an identification document not issued
to that person, is guilty of a gross misdemeanor.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2004, section 609.652, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For purposes of this section:

(1) "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 new text begin , or any government issued identification card, including a
passport, visa, Social Security card, or military identification card new text end ;

(2) "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

(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, 2006, and applies to crimes
committed on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2004, section 609.652, subdivision 3, is amended to read:

Subd. 3.

Penalties.

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 five 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 deleted text begin five deleted text end new text begin ten new text end 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 EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end