1.1                          A bill for an act 
  1.2             relating to property; increasing parental and guardian 
  1.3             liability for damage done by minors; providing for the 
  1.4             liability of parents or guardians for court-ordered 
  1.5             restitution in the case of minors; amending Minnesota 
  1.6             Statutes 1998, sections 540.18, subdivision 1; 
  1.7             609.556, by adding a subdivision; 611A.04, by adding a 
  1.8             subdivision; and 611A.045, subdivision 1, and by 
  1.9             adding a subdivision. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1998, section 540.18, 
  1.12  subdivision 1, is amended to read: 
  1.13     Subdivision 1.  The parent or guardian of the person of a 
  1.14  minor who is under the age of 18 and who is living with the 
  1.15  parent or guardian and who willfully or maliciously causes 
  1.16  injury to any person or damage to any property is jointly and 
  1.17  severally liable with such minor for such injury or damage to an 
  1.18  amount not exceeding ~~$1,000~~ $5,000 per incident, if such minor 
  1.19  would have been liable for such injury or damage if the minor 
  1.20  had been an adult.  Damage to property includes the defacement 
  1.21  of property with any unauthorized inscription, word, figure, 
  1.22  mark, or design that is written, marked, etched, scratched, 
  1.23  drawn, painted, or affixed on real or personal property.  
  1.24  Nothing in this subdivision shall be construed to relieve such 
  1.25  minor from personal liability for such injury or damage.  The 
  1.26  liability provided in this subdivision is in addition to and not 
  1.27  in lieu of any other liability which may exist at law.  Recovery 
  2.1   under this section shall be limited to special damages.  In 
  2.2   addition to any other actions or remedies which may be 
  2.3   available, damages under this subdivision may be recovered 
  2.4   pursuant to an action in conciliation court in accordance with 
  2.5   chapter 491A. 
  2.6      Sec. 2.  Minnesota Statutes 1998, section 609.556, is 
  2.7   amended by adding a subdivision to read: 
  2.8      Subd. 4.  "Damage to property" includes the defacement of 
  2.9   property with any unauthorized inscription, word, figure, mark, 
  2.10  or design that is written, marked, etched, scratched, drawn, 
  2.11  painted, or affixed on real or personal property. 
  2.12     Sec. 3.  Minnesota Statutes 1998, section 611A.04, is 
  2.13  amended by adding a subdivision to read: 
  2.14     Subd. 5.  [LIABILITY OF PARENT OR GUARDIAN.] If an offender 
  2.15  who is a minor under the age of 18 and who is living with a 
  2.16  parent or guardian is convicted or found delinquent for damage 
  2.17  to property under section 609.595, the court may order that the 
  2.18  parent or guardian of the person of the minor is jointly and 
  2.19  severally liable for restitution in an amount not exceeding 
  2.20  $5,000 per incident.  The request for restitution may include a 
  2.21  request that the parent or guardian be made liable for 
  2.22  restitution under this subdivision.  If the request is made, the 
  2.23  parent or guardian must be given the same notices and must have 
  2.24  the same opportunity to appear and respond to the request for 
  2.25  restitution as the offender under subdivisions 1 and 1a.  
  2.26  Restitution ordered under this subdivision must be paid, and may 
  2.27  be enforced and collected in the same manner as provided for the 
  2.28  offender in this section.  This subdivision does not relieve the 
  2.29  parent or guardian from any personal liability for injury or 
  2.30  damages that exists at law.  The liability in this subdivision 
  2.31  is in addition to and not in place of any other liability that 
  2.32  exists at law.  
  2.33     Sec. 4.  Minnesota Statutes 1998, section 611A.045, 
  2.34  subdivision 1, is amended to read: 
  2.35     Subdivision 1.  [CRITERIA.] (a) The court, in determining 
  2.36  whether to order restitution and the amount of the restitution, 
  3.1   shall consider the following factors: 
  3.2      (1) the amount of economic loss sustained by the victim as 
  3.3   a result of the offense; ~~and~~ 
  3.4      (2) the income, resources, and obligations of the 
  3.5   defendant; and 
  3.6      (3) if parental or guardian restitution is requested under 
  3.7   section 3, the income, resources, and obligations of the parent 
  3.8   or guardian. 
  3.9      (b) If there is more than one victim of a crime, the court 
  3.10  shall give priority to victims who are not governmental entities 
  3.11  when ordering restitution. 
  3.12     Sec. 5.  Minnesota Statutes 1998, section 611A.045, is 
  3.13  amended by adding a subdivision to read: 
  3.14     Subd. 4.  [RESTITUTION BY PARENT OR GUARDIAN.] If parental 
  3.15  or guardian restitution is requested under section 3, the parent 
  3.16  or guardian must have the same opportunity and obligations as 
  3.17  the offender to appear and respond as provided in subdivision 
  3.18  3.  If restitution is ordered against a parent or guardian, the 
  3.19  payment schedule or structure developed under subdivision 2a and 
  3.20  the person who develops the payment schedule or structure must 
  3.21  consider relevant information provided by the parent or guardian 
  3.22  and the payment schedule or structure for the parent or guardian 
  3.23  may be different from that developed for the offender.