1.1                          A bill for an act 
  1.2             relating to commerce; providing a remedy and 
  1.3             prescribing criminal penalties for damage to certain 
  1.4             machines resulting from a theft from those machines; 
  1.5             amending Minnesota Statutes 1994, section 609.902, 
  1.6             subdivision 4; proposing coding for new law in 
  1.7             chapters 325E; and 609. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [325E.50] [DAMAGE TO CERTAIN MACHINES.] 
  1.10     (a) An owner of a machine operated by the insertion of 
  1.11  coins, currency, debit cards, or credit cards that is damaged by 
  1.12  a person acting with the intent to commit a theft from that 
  1.13  machine may bring a civil action against the person. 
  1.14     (b) If the owner prevails in a civil action under paragraph 
  1.15  (a), the owner may recover all of the following: 
  1.16     (1) treble damages; and 
  1.17     (2) costs, including all reasonable attorney's fees and 
  1.18  other costs of the investigation and litigation that were 
  1.19  reasonably incurred. 
  1.20     (c) An owner may bring a civil action under paragraph (a) 
  1.21  regardless of whether there has been a criminal action related 
  1.22  to the damage under paragraph (a) and regardless of the outcome 
  1.23  of any criminal action. 
  1.24     Sec. 2.  [609.623] [DAMAGE TO CERTAIN MACHINES.] 
  1.25     A person violating section 325E.50, paragraph (a), under 
  1.26  all of the following circumstances may be sentenced to 
  2.1   imprisonment for not more than five years or payment of a fine 
  2.2   of not more than $10,000, or both: 
  2.3      (1) the property damaged is a machine operated by the 
  2.4   insertion of coins, currency, debit cards, or credit cards; 
  2.5      (2) the person acted with the intent to commit a theft from 
  2.6   the machine; and 
  2.7      (3) the total property damaged in violation of section 
  2.8   325E.50, paragraph (a), is reduced in value by more than $500 
  2.9   but not more than $1,000.  For purposes of this clause, property 
  2.10  is reduced in value by the amount that it would cost to repair 
  2.11  or replace it, whichever is less, plus other monetary losses 
  2.12  associated with the damage. 
  2.13     Sec. 3.  Minnesota Statutes 1994, section 609.902, 
  2.14  subdivision 4, is amended to read: 
  2.15     Subd. 4.  [CRIMINAL ACT.] "Criminal act" means conduct 
  2.16  constituting, or a conspiracy or attempt to commit, a felony 
  2.17  violation of chapter 152, or a felony violation of section 
  2.18  297D.09; 299F.79; 299F.80; 299F.82; 325E.50; 609.185; 609.19; 
  2.19  609.195; 609.20; 609.205; 609.221; 609.222; 609.223; 609.2231; 
  2.20  609.228; 609.235; 609.245; 609.25; 609.27; 609.322; 609.323; 
  2.21  609.342; 609.343; 609.344; 609.345; 609.42; 609.48; 609.485; 
  2.22  609.495; 609.496; 609.497; 609.498; 609.52, subdivision 2, if 
  2.23  the offense is punishable under subdivision 3, clause (3)(b) or 
  2.24  clause 3(d)(v) or (vi); section 609.52, subdivision 2, clause 
  2.25  (4); 609.53; 609.561; 609.562; 609.582, subdivision 1 or 2; 
  2.26  609.668, subdivision 6, paragraph (a); 609.67; 609.687; 609.713; 
  2.27  609.86; 624.713; or 624.74.  "Criminal act" also includes 
  2.28  conduct constituting, or a conspiracy or attempt to commit, a 
  2.29  felony violation of section 609.52, subdivision 2, clause (3), 
  2.30  (4), (15), or (16), if the violation involves an insurance 
  2.31  company as defined in section 60A.02, subdivision 4, a nonprofit 
  2.32  health service plan corporation regulated under chapter 62C, a 
  2.33  health maintenance organization regulated under chapter 62D, or 
  2.34  a fraternal benefit society regulated under chapter 64B.