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HF 228

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 05/21/2013 02:48pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 01/31/2013
1st Engrossment Posted on 02/25/2013
2nd Engrossment Posted on 05/21/2013

Current Version - 2nd Engrossment

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A bill for an act
relating to public safety; creating increased penalties for wildfire arson
that damages multiple buildings or dwellings, acreage, or crops, or causes
demonstrable bodily harm; adding restitution provisions; amending Minnesota
Statutes 2012, section 609.5641, subdivisions 1, 3, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2012, section 609.5641, subdivision 1, is amended to read:


Subdivision 1.

Setting wildfires.

A person deleted text begin is guilty of a felonydeleted text end who intentionally
sets a fire to burn out of control on land of another containing timber, underbrush, grass,
or other vegetative combustible materialnew text begin is guilty of a felony and may be sentenced as
provided in subdivision 1a
new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2012, section 609.5641, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Penalty; felonies. new text end

new text begin (a) Except as provided in paragraphs (b), (c), and (d), a
person who violates subdivision 1 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

new text begin (b) A person who violates subdivision 1 where the fire threatens to damage or
damages in excess of five buildings or dwellings, burns 500 acres or more, or damages
crops in excess of $100,000, may be sentenced to imprisonment for not more than ten
years or to payment of a fine of not more than $15,000, or both.
new text end

new text begin (c) A person who violates subdivision 1 where the fire threatens to damage or
damages in excess of 100 buildings or dwellings, burns 1,500 acres or more, or damages
crops in excess of $250,000, may be sentenced to imprisonment for not more than 20 years
or to payment of a fine of not more than $25,000, or both.
new text end

new text begin (d) A person who violates subdivision 1 where the fire causes another person to
suffer demonstrable bodily harm may be sentenced to imprisonment for not more than ten
years or to payment of a fine of $15,000, or both.
new text end

new text begin (e) For purposes of this section, a building or dwelling is threatened when there is a
probability of damage to the building or dwelling requiring evacuation for safety of life.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2012, section 609.5641, subdivision 3, is amended to read:


Subd. 3.

deleted text begin Penalty;deleted text end Restitution.

deleted text begin (a) A person who violates subdivision 1 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.
deleted text end

deleted text begin (b) A person who violates subdivision 2 may be sentenced to imprisonment for not
more than one year or to payment of a fine of not more than $3,000, or both.
deleted text end

deleted text begin (c)deleted text end In addition to the sentence otherwise authorized, the court may order a person
who is convicted of violating this section to pay fire suppression costs deleted text begin anddeleted text end new text begin ,new text end damages to
the owner of the damaged landnew text begin , costs associated with injuries sustained by a member of a
municipal or volunteer fire department in the performance of the member's duties, and
any other restitution costs allowed under section 611A.04
new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013.
new text end