1.1 	A bill for an act
1.2 	relating to public safety; modifying the career offender sentencing law; 
1.3 	establishing the crime of counterfeiting federal currency; updating the definition 
1.4 	of federal law enforcement officer; imposing criminal penalties; amending 
1.5 	Minnesota Statutes 2004, section 626.77, subdivision 3; Minnesota Statutes 
1.6 	2005 Supplement, section 609.1095, subdivision 4; proposing coding for new 
1.7 	law in Minnesota Statutes, chapter 609.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. Minnesota Statutes 2005 Supplement, section 609.1095, subdivision 4, 
1.10 	is amended to read:
1.11 		Subd. 4.Increased sentence for offender who commits a sixth felony. Whenever 
1.12 	a person is convicted of a felony, and the judge is imposing an executed sentence based 
1.13 	on a Sentencing Guidelines presumptive imprisonment sentence, the judge may impose 
1.14 	an aggravated durational departure from the presumptive sentence up to the statutory 
1.15 	maximum sentence if the factfinder determines that the offender has five or more prior 
1.16 	felony convictions and that the present offense is a felony that was committed as part 
1.17 	of a pattern of criminal conduct.

1.18 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
1.19 	committed on or after that date.

1.20 	Sec. 2. [609.632] COUNTERFEITING OF CURRENCY.
1.21 		Subdivision 1.Manufacturing; printing.  Whoever, with the intent to defraud, 
1.22 	falsely makes, alters, prints, scans, images, or copies any United States Postal money 
1.23 	order, United States currency, Federal Reserve note, or other obligation or security of the 
1.24 	United States so that it purports to be genuine or has different terms or provisions than that 
2.1 	of the United States Postal Service or United States Treasury is guilty of counterfeiting 
2.2 	and may be sentenced as provided in subdivision 4. 
2.3 		Subd. 2.Means for false reproduction.  Whoever, with intent to defraud, makes, 
2.4 	engraves, possesses, or transfers a plate or instrument, computer, printer, camera, software, 
2.5 	paper, cloth, fabric, ink, or other material for the false reproduction of any United States 
2.6 	Postal money order, United States currency, Federal Reserve note, or other obligation or 
2.7 	security of the United States is guilty of counterfeiting and may be sentenced as provided 
2.8 	in subdivision 4. 
2.9 		Subd. 3.Uttering or possessing.  Whoever, with intent to defraud, utters or 
2.10 	possesses with intent to utter any counterfeit United States Postal money order, United 
2.11 	States currency, Federal Reserve note, or other obligation or security of the United States, 
2.12 	having reason to know that the money order, currency, note, or obligation or security is 
2.13 	forged, counterfeited, falsely made, altered, or printed, is guilty of offering counterfeited 
2.14 	currency and may be sentenced as provided in subdivision 4. 
2.15 		Subd. 4.Penalty.  (a) A person who is convicted of violating subdivision 1 or 2 
2.16 	may be sentenced to imprisonment for not more than 20 years or to payment of a fine of 
2.17 	not more than $100,000, or both. 
2.18 	(b) A person who is convicted of violating subdivision 3 may be sentenced as 
2.19 	follows: 
2.20 	(1) to imprisonment for not more than 20 years or to payment of a fine of not more 
2.21 	than $100,000, or both, if the counterfeited item is used to obtain or in an attempt to obtain 
2.22 	property or services having a value of more than $35,000, or the aggregate face value of 
2.23 	the counterfeited item is more than $35,000; 
2.24 	(2) to imprisonment for not more than ten years or to payment of a fine of not more 
2.25 	than $20,000, or both, if the counterfeited item is used to obtain or in an attempt to obtain 
2.26 	property or services having a value of more than $2,500, or the aggregate face value of the 
2.27 	counterfeited item is more than $2,500; 
2.28 	(3) to imprisonment for not more than five years or to payment of a fine of not 
2.29 	more than $10,000, or both, if: 
2.30 	(i) the counterfeited item is used to obtain or in an attempt to obtain property or 
2.31 	services having a value of more than $250, or the aggregate face value of the counterfeited 
2.32 	item is more than $250; or 
2.33 	(ii) the counterfeited item is used to obtain or in an attempt to obtain property 
2.34 	or services having a value of no more than $250, or the aggregate face value of the 
2.35 	counterfeited item is no more than $250, and the person has been convicted within the 
2.36 	preceding five years for an offense under this section, section 609.24; 609.245; 609.52; 
3.1 	609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; or 609.821, or a statute from 
3.2 	another state or the United States in conformity with any of those sections, and the person 
3.3 	received a felony or gross misdemeanor sentence for the offense, or a sentence that was 
3.4 	stayed under section 609.135 if the offense to which a plea was entered would allow the 
3.5 	imposition of a felony or gross misdemeanor sentence; or 
3.6 	(4) to imprisonment for not more than one year or to payment of a fine of not more 
3.7 	than $3,000, or both, if the counterfeited item is used to obtain or in an attempt to obtain 
3.8 	property or services having a value of no more than $250, or the aggregate face value of 
3.9 	the counterfeited item is no more than $250. 
3.10 		Subd. 5.Aggregation; venue.  In any prosecution under this section, the value of the 
3.11 	counterfeited United States Postal money orders, United States currency, Federal Reserve 
3.12 	notes, or other obligations or securities of the United States, offered by the defendant in 
3.13 	violation of this section within any six-month period may be aggregated and the defendant 
3.14 	charged accordingly in applying the provisions of this section. When two or more offenses 
3.15 	are committed by the same person in two or more counties, the accused may be prosecuted 
3.16 	in any county in which one of the counterfeited items was forged, offered, or possessed, 
3.17 	for all of the offenses aggregated under this subdivision. 

3.18 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
3.19 	committed on or after that date.

3.20 	Sec. 3. Minnesota Statutes 2004, section 626.77, subdivision 3, is amended to read:
3.21 		Subd. 3.Definition. As used in this section, "federal law enforcement officer" 
3.22 	means an officer or employee whether employed inside or outside the state of the Federal 
3.23 	Bureau of Investigation, the Drug Enforcement Administration, the United States Marshal 
3.24 	Service, the Secret Service, the Bureau of Alcohol, Tobacco, and Firearms, or the 
3.25 	Immigration and Naturalization Service, the Department of Homeland Security, or the 
3.26 	United States Postal Inspection Service, or their successor agencies, who is responsible for 
3.27 	the prevention or detection of crimes or for the enforcement of the United States Code and 
3.28 	who is authorized to arrest, with or without a warrant, any individual for a violation of 
3.29 	the United States Code.

3.30 	EFFECTIVE DATE. This section is effective August 1, 2006.