HF 3099

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/16/2020 11:42am

A bill for an act
relating to telecommunications; prohibiting false caller identification information;
providing for criminal penalties; amending Minnesota Statutes 2018, sections
325E.26, by adding subdivisions; 325E.31; 609.527, subdivision 3; Minnesota
Statutes 2019 Supplement, section 609.52, subdivision 3; proposing coding for
new law in Minnesota Statutes, chapter 325E.

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

Section 1.

Minnesota Statutes 2018, section 325E.26, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Caller identification service. new text end

new text begin "Caller identification service" means a feature
that displays a caller's name, phone number, or location on a call recipient's telephone or
wireless communications device before the call is answered.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2018, section 325E.26, is amended by adding a subdivision to
read:

new text begin Subd. 8. new text end

new text begin Telecommunications service provider. new text end

new text begin "Telecommunications service provider"
has the meaning given in section 237.01, subdivision 6b.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2018, section 325E.26, is amended by adding a subdivision to
read:

new text begin Subd. 9. new text end

new text begin Text message. new text end

new text begin "Text message" means a transmission that occurs over a wireless
messaging service that is capable of generating, acquiring, storing, and making available
information via telecommunications. Text message includes text transmissions, commonly
referred to as short message service, and pictures, videos, and attachments, commonly
referred to as multimedia messaging service, when transmitted over wireless messaging
channels.
new text end

Sec. 4.

new text begin [325E.281] FALSE CALLER IDENTIFICATION INFORMATION;
PROHIBITION.
new text end

new text begin Subdivision 1. new text end

new text begin Prohibition. new text end

new text begin (a) It is unlawful to display or cause to be displayed, or to
use a third party to display or cause to be displayed, a fraudulent or inaccurate name or
telephone number, or the name or telephone number of the recipient of the
telecommunication, on a Minnesota resident's caller identification service or in a
telecommunication sent as a text message.
new text end

new text begin (b) This subdivision does not apply to:
new text end

new text begin (1) the transmission of a caller identification service by a telecommunications service
provider:
new text end

new text begin (i) that has received a determination by the Office of the Attorney General that the
telecommunications provider is in compliance with subdivision 2, based on its most recent
filing made under subdivision 2;
new text end

new text begin (ii) during the interval between the effective date of this act and the date the Office of
the Attorney General makes an initial determination regarding a telecommunications service
provider's compliance with subdivision 2;
new text end

new text begin (iii) during the interval between the date a telecommunications service provider's
submission of the information required under subdivision 2 and the date the Office of the
Attorney General determines whether the information submitted is sufficient evidence that
the telecommunications service provider is in compliance with subdivision 2; and
new text end

new text begin (iv) that has been issued a waiver by the Office of the Attorney General under subdivision
2;
new text end

new text begin (2) any lawful, authorized investigative, protective, or intelligence activity of a law
enforcement agency of any state, a political subdivision of a state, or the United States;
new text end

new text begin (3) an activity engaged in under a court order that specifically authorizes the use of caller
identification manipulation;
new text end

new text begin (4) caller identification manipulation used by a domestic violence shelter to protect the
safety of its residents;
new text end

new text begin (5) a telecommunications service provider that blocks or restricts a name, phone number,
or location from being displayed on a subscriber's caller identification service; or
new text end

new text begin (6) a health care professional contacting a patient, a patient's legal representative, or a
patient's family member regarding the patient's diagnosis, treatment, or services.
new text end

new text begin Subd. 2. new text end

new text begin Call blocking by telecommunications providers; annual certification. new text end

new text begin (a)
Each telecommunications service provider serving subscribers in this state must annually
file with the Office of the Attorney General evidence, as required by the Office of the
Attorney General, that the telecommunications service provider has implemented
commercially available technologies that identify and block telecommunications that violate
this section for all of its Minnesota subscribers and at no cost to those subscribers, taking
into consideration applicable state and federal laws and regulations, agreements that the
telecommunications service provider has entered into with state or federal authorities with
respect to the implementation of blocking fictitious or misleading names or telephone
numbers on a subscriber's caller identification service, and costs.
new text end

new text begin (b) The Office of the Attorney General may issue a telecommunications service provider
a waiver from the requirements of this subdivision if the Office of the Attorney General
determines, based on information filed by the telecommunications service provider, that
the provision of call-blocking technology to its subscribers required under this subdivision
is technically infeasible or imposes an undue financial burden on the telecommunications
service provider. A waiver issued by the Office of the Attorney General under this paragraph
is effective for one year and may be renewed according to this paragraph in order to remain
effective.
new text end

new text begin (c) A subscriber may elect to opt out of a telecommunications service provider's call
blocking service.
new text end

new text begin (d) A telecommunications service provider must fulfill a subscriber's oral or written
request to block transmission of calls originating from a specific telephone number within
20 days of receiving the request. A telecommunications service provider may charge the
subscriber for providing that service.
new text end

new text begin (e) The Office of the Attorney General must develop policies and procedures to assist
in making a determination regarding a telecommunications service provider's compliance
with paragraph (a).
new text end

new text begin (f) The state of Minnesota is prohibited from entering into a contract with a
telecommunications service provider that the Office of the Attorney General determines
does not comply with this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2018, section 325E.31, is amended to read:

325E.31 REMEDIES.

new text begin (a) new text end A person who is found to have violated sections 325E.27 to 325E.30 is subject to
the penalties and remedies, including a private right of action to recover damages, as provided
in section 8.31.

new text begin (b) A person found to have violated section 325E.281 may be required to pay a fine of
not more than $1,000 for each separate violation, except that:
new text end

new text begin (1) if the prohibited call resulted in identity theft or theft by swindle, the penalty is as
provided in section 609.52, subdivision 3, clause (3); and
new text end

new text begin (2) a person must not receive a penalty for an initial violation of section 325E.281, unless
the prohibited call resulted in identity theft or theft by swindle.
new text end

new text begin (c) A subscriber aggrieved by a violation of section 325E.281 has a private right of
action under this section and may seek appropriate injunctive or other equitable relief,
additional civil damages, actual losses, and, as determined by the court, reasonable attorney
fees and court costs. A private right of action brought under this section by a subscriber is
in the public interest.
new text end

new text begin (d) Nothing in this section limits any remedies, causes of action, or penalties available
to a person or government agency under any other federal or state law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

Minnesota Statutes 2019 Supplement, section 609.52, subdivision 3, is amended
to read:

Subd. 3.

Sentence.

Whoever commits theft may be sentenced as follows:

(1) to imprisonment for not more than 20 years or to payment of a fine of not more than
$100,000, or both, if the property is a firearm, or the value of the property or services stolen
is more than $35,000 and the conviction is for a violation of subdivision 2, clause (3), (4),
(15), (16), or (19), or section 609.2335, subdivision 1, clause (1) or (2), item (i); or

(2) to imprisonment for not more than ten years or to payment of a fine of not more than
$20,000, or both, if the value of the property or services stolen exceeds $5,000, or if the
property stolen was an article representing a trade secret, an explosive or incendiary device,
or a controlled substance listed in Schedule I or II pursuant to section 152.02 with the
exception of marijuana; or

(3) to imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both, if any of the following circumstances exist:

(a) the value of the property or services stolen is more than $1,000 but not more than
$5,000; or

(b) the property stolen was a controlled substance listed in Schedule III, IV, or V pursuant
to section 152.02; or

(c) the value of the property or services stolen is more than $500 but not more than
$1,000 and the person has been convicted within the preceding five years for an offense
under this section, section 256.98; 268.182; 609.24; 609.245; 609.53; 609.582, subdivision
1, 2, or 3; 609.625; 609.63; 609.631; or 609.821, or a statute from another state, the United
States, or a foreign jurisdiction, in conformity with any of those sections, and the person
received a felony or gross misdemeanor sentence for the offense, or a sentence that was
stayed under section 609.135 if the offense to which a plea was entered would allow
imposition of a felony or gross misdemeanor sentence; or

(d) the value of the property or services stolen is not more than $1,000, and any of the
following circumstances exist:

(i) the property is taken from the person of another or from a corpse, or grave or coffin
containing a corpse; or

(ii) the property is a record of a court or officer, or a writing, instrument or record kept,
filed or deposited according to law with or in the keeping of any public officer or office; or

(iii) the property is taken from a burning, abandoned, or vacant building or upon its
removal therefrom, or from an area of destruction caused by civil disaster, riot, bombing,
or the proximity of battle; or

(iv) the property consists of public funds belonging to the state or to any political
subdivision or agency thereof; or

(v) the property stolen is a motor vehicle; or

new text begin (vi) the property was obtained through a violation of subdivision 2, paragraph (a), clause
(4), that occurred as a result of a telecommunication prohibited under sections 325E.27 to
325E.29; or
new text end

(4) to imprisonment for not more than one year or to payment of a fine of not more than
$3,000, or both, if the value of the property or services stolen is more than $500 but not
more than $1,000; or

(5) in all other cases where the value of the property or services stolen is $500 or less,
to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000,
or both, provided, however, in any prosecution under subdivision 2, clauses (1), (2), (3),
(4), (13), and (19), the value of the money or property or services received by the defendant
in violation of any one or more of the above provisions within any six-month period may
be aggregated and the defendant charged accordingly in applying the provisions of this
subdivision; provided that when two or more offenses are committed by the same person
in two or more counties, the accused may be prosecuted in any county in which one of the
offenses was committed for all of the offenses aggregated under this paragraph.

Sec. 7.

Minnesota Statutes 2018, section 609.527, subdivision 3, is amended to read:

Subd. 3.

Penalties.

A person who violates subdivision 2 may be sentenced as follows:

(1) if the offense involves a single direct victim and the total, combined loss to the direct
victim and any indirect victims is $250 or less, the person may be sentenced as provided in
section 609.52, subdivision 3, clause (5);

(2) if the offense involves a single direct victim and the total, combined loss to the direct
victim and any indirect victims is more than $250 but not more than $500, the person may
be sentenced as provided in section 609.52, subdivision 3, clause (4);

(3) if the offense involves two or three direct victims or the total, combined loss to the
direct and indirect victims is more than $500 but not more than $2,500, the person may be
sentenced as provided in section 609.52, subdivision 3, clause (3);

(4) if the offense involves more than three but not more than seven direct victims, or if
the total combined loss to the direct and indirect victims is more than $2,500, the person
may be sentenced as provided in section 609.52, subdivision 3, clause (2); deleted text begin and
deleted text end

(5) if the offense involves eight or more direct victims; or if the total, combined loss to
the direct and indirect victims is more than $35,000; or if the offense is related to possession
or distribution of pornographic work in violation of section 617.246 or 617.247; the person
may be sentenced as provided in section 609.52, subdivision 3, clause (1) deleted text begin . deleted text end new text begin ; and
new text end

new text begin (6) if the offense is accomplished by a telecommunication prohibited under sections
325E.27 to 325E.29, the offense is a felony, irrespective of the number of victims or the
value of the loss to the victims, and the person may be sentenced as provided in section
609.52, subdivision 3, clause (3).
new text end