1.1 	A bill for an act
1.2 	relating to crimes; modifying penalties for identity
1.3 	theft; requiring minimum restitution payments and
1.4 	providing information to victims of identity theft;
1.5 	amending Minnesota Statutes 2004, section 609.527,
1.6 	subdivisions 3, 4.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2004, section 609.527,
1.9 	subdivision 3, is amended to read:
1.10 		Subd. 3.Penalties.  A person who violates subdivision 2
1.11 	may be sentenced as follows:
1.12 	(1) if the offense involves a single direct victim and the
1.13 	total, combined loss to the direct victim and any indirect
1.14 	victims is $250 or less, the person may be sentenced as provided
1.15 	in section 609.52, subdivision 3, clause (5);
1.16 	(2) if the offense involves a single direct victim and the
1.17 	total, combined loss to the direct victim and any indirect
1.18 	victims is more than $250 but not more than $500, the person may
1.19 	be sentenced as provided in section 609.52, subdivision 3,
1.20 	clause (4);
1.21 	(3) if the offense involves two or three direct victims or
1.22 	the total, combined loss to the direct and indirect victims is
1.23 	more than $500 but not more than $2,500, the person may be
1.24 	sentenced as provided in section 609.52, subdivision 3, clause
1.25 	(3);
1.26 	(4) if the offense involves more than three but not more
2.1 	than seven direct victims, or if the total combined loss to the
2.2 	direct and indirect victims is more than $2,500, the person may
2.3 	be sentenced as provided in section 609.52, subdivision 3,
2.4 	clause (2); and
2.5 	(5) if the offense involves eight or more direct victims,;
2.6 	or if the total, combined loss to the direct and indirect
2.7 	victims is more than $35,000,; or if the offense is related to
2.8 	possession or distribution of pornographic work in violation of
2.9 	section 617.246 or 617.247;the person may be sentenced as
2.10 	provided in section 609.52, subdivision 3, clause (1).

2.11 	Sec. 2. Minnesota Statutes 2004, section 609.527,
2.12 	subdivision 4, is amended to read:
2.13 		Subd. 4.Restitution; items provided to victim. (a) A
2.14 	direct or indirect victim of an identity theft crime shall be
2.15 	considered a victim for all purposes, including any rights that
2.16 	accrue under chapter 611A and rights to court-ordered
2.17 	restitution.
2.18 	(b) The court shall order a person convicted of violating
2.19 	subdivision 2 to pay restitution of not less than $1,000 to each
2.20 	direct victim of the offense.
2.21 	(c) Upon the written request of a direct victim or the
2.22 	prosecutor setting forth with specificity the facts and
2.23 	circumstances of the offense in a proposed order, the court
2.24 	shall provide to the victim, without cost, a certified copy of
2.25 	the complaint filed in the matter, the judgment of conviction,
2.26 	and an order setting forth the facts and circumstances of the
2.27 	offense.

2.28 	Sec. 3. EFFECTIVE DATE.
 2.29 	Sections 1 and 2 are effective August 1, 2005, and apply to
2.30 	crimes committed on or after that date.