HF 170

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil actions; providing for recovery of 
  1.3             damages and injunctive relief for victims of bias 
  1.4             offenses; imposing parental liability; proposing 
  1.5             coding for new law in Minnesota Statutes, chapter 611A.
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [611A.78] [CIVIL DAMAGES FOR BIAS OFFENSES.] 
  1.8      Subdivision 1.  [DEFINITION.] For purposes of this section, 
  1.9   "bias offense" means conduct described in section 609.2231, 
  1.10  subdivision 4 (assault motivated by bias); 609.595, subdivision 
  1.11  1a or 2, paragraph (b) (criminal damage to property motivated by 
  1.12  bias); or 609.749, subdivision 3, clause (1) (harassment or 
  1.13  stalking motivated by bias). 
  1.14     Subd. 2.  [CAUSE OF ACTION; DAMAGES AND FEES; 
  1.15  INJUNCTION.] A person who is damaged by a bias offense has a 
  1.16  civil cause of action against the person who committed the 
  1.17  offense.  The plaintiff is entitled to recover special and 
  1.18  general damages, including damages for emotional distress; 
  1.19  punitive damages; and reasonable costs and attorney fees.  A 
  1.20  plaintiff also may obtain an injunction or other appropriate 
  1.21  relief. 
  1.22     Subd. 3.  [RELATION TO CRIMINAL PROCEEDING; BURDEN OF 
  1.23  PROOF.] A person may bring an action under this section 
  1.24  regardless of the existence or outcome of criminal proceedings 
  1.25  involving the bias offense that is the basis for the action.  
  2.1   The burden of proof in an action under this section is 
  2.2   preponderance of the evidence. 
  2.3      Subd. 4.  [PARENTAL LIABILITY.] The parent or legal 
  2.4   guardian of a minor who commits a bias offense is jointly and 
  2.5   severally liable for damages under this section.  Limitations on 
  2.6   the type or amount of damages for which a parent or guardian is 
  2.7   liable under section 540.18 are not applicable to actions under 
  2.8   this section. 
  2.9      Subd. 5.  [OTHER RIGHTS PRESERVED.] The remedies under this 
  2.10  section do not affect any rights or remedies of the plaintiff 
  2.11  under other law. 
  2.12     Sec. 2.  [EFFECTIVE DATE.] 
  2.13     This act is effective August 1, 1995, and applies to bias 
  2.14  offenses committed on or after that date.