HF 624

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; modifying the criminal 
  1.3             penalties for certain crimes to provide more 
  1.4             uniformity; increasing the amount of certain civil 
  1.5             penalties for issuance of dishonored checks; creating 
  1.6             a pretrial diversion program for writers of dishonored 
  1.7             checks; amending Minnesota Statutes 1998, sections 
  1.8             332.50, subdivision 2; 609.52, subdivision 3; 609.535, 
  1.9             subdivision 2a; 609.631, subdivision 4; and 609.821, 
  1.10            subdivision 3; proposing coding for new law in 
  1.11            Minnesota Statutes, chapter 628. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1998, section 332.50, 
  1.14  subdivision 2, is amended to read: 
  1.15     Subd. 2.  [ACTS CONSTITUTING.] Whoever issues any check 
  1.16  that is dishonored is liable for the following penalties:  
  1.17     (a) A service charge of up to $20 $30, or actual costs of 
  1.18  collection not to exceed $30 $40, may be imposed immediately on 
  1.19  any dishonored check, regardless of mailing a notice of 
  1.20  dishonor, if notice of the service charge was conspicuously 
  1.21  displayed on the premises when the check was issued.  If a law 
  1.22  enforcement agency obtains payment of a dishonored check, a 
  1.23  service charge not to exceed $25 $35 may be imposed if the 
  1.24  service charge is retained by the law enforcement agency for its 
  1.25  expenses.  A law enforcement agency retaining this charge shall 
  1.26  allocate at least $2.50 to the agency's fraud and forgery 
  1.27  investigations unit.  This money must be used to purchase or 
  1.28  upgrade computer equipment or to train investigators.  Only one 
  2.1   service charge may be imposed under this paragraph for each 
  2.2   dishonored check. 
  2.3      (b) If the amount of the dishonored check is not paid 
  2.4   within 30 days after the payee or holder has mailed notice of 
  2.5   dishonor pursuant to section 609.535 and a description of the 
  2.6   penalties contained in this subdivision, whoever issued the 
  2.7   dishonored check is liable to the payee or holder of the check 
  2.8   for: 
  2.9      (1) the amount of the check, the service charge as provided 
  2.10  in paragraph (a), plus a civil penalty of up to $100 or the 
  2.11  value of the check, whichever is greater.  The civil penalty may 
  2.12  not be imposed until 30 days following the mailing of the notice 
  2.13  of dishonor.  A payee or holder of the check may make a written 
  2.14  demand for payment of the civil liability by sending a copy of 
  2.15  this section and a description of the liability contained in 
  2.16  this section to the issuer's last known address.  Notice as 
  2.17  provided in paragraph (a) must also include notification that 
  2.18  additional civil penalties will be imposed for dishonored checks 
  2.19  for nonpayment after 30 days; 
  2.20     (2) interest at the rate payable on judgments pursuant to 
  2.21  section 549.09 on the face amount of the check from the date of 
  2.22  dishonor; and 
  2.23     (3) reasonable attorney fees if the aggregate amount of 
  2.24  dishonored checks issued by the issuer to all payees within a 
  2.25  six-month period is over $1,250. 
  2.26     (c) This subdivision prevails over any provision of law 
  2.27  limiting, prohibiting, or otherwise regulating service charges 
  2.28  authorized by this subdivision, but does not nullify charges for 
  2.29  dishonored checks, which do not exceed the charges in paragraph 
  2.30  (a) or terms or conditions for imposing the charges which have 
  2.31  been agreed to by the parties in an express contract. 
  2.32     (d) A sight draft may not be used as a means of collecting 
  2.33  the civil penalties provided in this section without prior 
  2.34  consent of the issuer. 
  2.35     (e) The issuer of a dishonored check is not liable for the 
  2.36  penalties described in paragraph (b) if the issuer successfully 
  3.1   completes a pretrial diversion program under section 628.69. 
  3.2      Sec. 2.  Minnesota Statutes 1998, section 609.52, 
  3.3   subdivision 3, is amended to read: 
  3.4      Subd. 3.  [SENTENCE.] Whoever commits theft may be 
  3.5   sentenced as follows: 
  3.6      (1) to imprisonment for not more than 20 years or to 
  3.7   payment of a fine of not more than $100,000, or both, if the 
  3.8   property is a firearm, or the value of the property or services 
  3.9   stolen is more than $35,000 and the conviction is for a 
  3.10  violation of subdivision 2, clause (3), (4), (15), or (16); or 
  3.11     (2) to imprisonment for not more than ten years or to 
  3.12  payment of a fine of not more than $20,000, or both, if the 
  3.13  value of the property or services stolen exceeds $2,500, or if 
  3.14  the property stolen was an article representing a trade secret, 
  3.15  an explosive or incendiary device, or a controlled substance 
  3.16  listed in schedule I or II pursuant to section 152.02 with the 
  3.17  exception of marijuana; or 
  3.18     (3) to imprisonment for not more than five years or to 
  3.19  payment of a fine of not more than $10,000, or both, if: 
  3.20     (a) the value of the property or services stolen is more 
  3.21  than $500 but not more than $2,500; or 
  3.22     (b) the property stolen was a controlled substance listed 
  3.23  in schedule III, IV, or V pursuant to section 152.02; or 
  3.24     (c) the value of the property or services stolen is more 
  3.25  than $200 $250 but not more than $500 and the person has been 
  3.26  convicted within the preceding five years for an offense under 
  3.27  this section, section 256.98; 268.182; 609.24; 609.245; 609.53; 
  3.28  609.582, subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or 
  3.29  609.821, or a statute from another state, the United States, or 
  3.30  a foreign jurisdiction, in conformity with any of those 
  3.31  sections, and the person received a felony or gross misdemeanor 
  3.32  sentence for the offense, or a sentence that was stayed under 
  3.33  section 609.135 if the offense to which a plea was entered would 
  3.34  allow imposition of a felony or gross misdemeanor sentence; or 
  3.35     (d) the value of the property or services stolen is not 
  3.36  more than $500, and any of the following circumstances exist: 
  4.1      (i) the property is taken from the person of another or 
  4.2   from a corpse, or grave or coffin containing a corpse; or 
  4.3      (ii) the property is a record of a court or officer, or a 
  4.4   writing, instrument or record kept, filed or deposited according 
  4.5   to law with or in the keeping of any public officer or office; 
  4.6   or 
  4.7      (iii) the property is taken from a burning, abandoned, or 
  4.8   vacant building or upon its removal therefrom, or from an area 
  4.9   of destruction caused by civil disaster, riot, bombing, or the 
  4.10  proximity of battle; or 
  4.11     (iv) the property consists of public funds belonging to the 
  4.12  state or to any political subdivision or agency thereof; or 
  4.13     (v) the property stolen is a motor vehicle; or 
  4.14     (4) to imprisonment for not more than one year or to 
  4.15  payment of a fine of not more than $3,000, or both, if the value 
  4.16  of the property or services stolen is more than $200 $250 but 
  4.17  not more than $500; or 
  4.18     (5) in all other cases where the value of the property or 
  4.19  services stolen is $200 $250 or less, to imprisonment for not 
  4.20  more than 90 days or to payment of a fine of not more than $700, 
  4.21  or both, provided, however, in any prosecution under subdivision 
  4.22  2, clauses (1), (2), (3), (4), and (13), the value of the money 
  4.23  or property or services received by the defendant in violation 
  4.24  of any one or more of the above provisions within any six-month 
  4.25  period may be aggregated and the defendant charged accordingly 
  4.26  in applying the provisions of this subdivision; provided that 
  4.27  when two or more offenses are committed by the same person in 
  4.28  two or more counties, the accused may be prosecuted in any 
  4.29  county in which one of the offenses was committed for all of the 
  4.30  offenses aggregated under this paragraph. 
  4.31     Sec. 3.  Minnesota Statutes 1998, section 609.535, 
  4.32  subdivision 2a, is amended to read: 
  4.33     Subd. 2a.  [PENALTIES.] (a) A person who is convicted of 
  4.34  issuing a dishonored check under subdivision 2 may be sentenced 
  4.35  as follows: 
  4.36     (1) to imprisonment for not more than five years or to 
  5.1   payment of a fine of not more than $10,000, or both, if the 
  5.2   value of the dishonored check, or checks aggregated under 
  5.3   paragraph (b), is more than $500; 
  5.4      (2) to imprisonment for not more than one year or to 
  5.5   payment of a fine of not more than $3,000, or both, if the value 
  5.6   of the dishonored check, or checks aggregated under paragraph 
  5.7   (b), is more than $250 but not more than $500; or 
  5.8      (2) (3) to imprisonment for not more than 90 days or to 
  5.9   payment of a fine of not more than $700, or both, if the value 
  5.10  of the dishonored check, or checks aggregated under paragraph 
  5.11  (b), is not more than $250. 
  5.12     (b) In a prosecution under this subdivision, the value of 
  5.13  dishonored checks issued by the defendant in violation of this 
  5.14  subdivision within any six-month period may be aggregated and 
  5.15  the defendant charged accordingly in applying this section.  
  5.16  When two or more offenses are committed by the same person in 
  5.17  two or more counties, the accused may be prosecuted in any 
  5.18  county in which one of the dishonored checks was issued for all 
  5.19  of the offenses aggregated under this paragraph. 
  5.20     Sec. 4.  Minnesota Statutes 1998, section 609.631, 
  5.21  subdivision 4, is amended to read: 
  5.22     Subd. 4.  [SENTENCING.] A person who is convicted under 
  5.23  subdivision 2 or 3 may be sentenced as follows: 
  5.24     (1) to imprisonment for not more than 20 years or to 
  5.25  payment of a fine of not more than $100,000, or both, if the 
  5.26  forged check or checks are used to obtain or in an attempt to 
  5.27  obtain, property or services of more than $35,000 or the 
  5.28  aggregate amount of the forged check or checks is more than 
  5.29  $35,000; 
  5.30     (2) to imprisonment for not more than ten years or to 
  5.31  payment of a fine of not more than $20,000, or both, if the 
  5.32  forged check or checks are used to obtain or in an attempt to 
  5.33  obtain, property or services of more than $2,500 or the 
  5.34  aggregate amount of the forged check or checks is more than 
  5.35  $2,500; 
  5.36     (3) to imprisonment for not more than five years or to 
  6.1   payment of a fine of not more than $10,000, or both, if: 
  6.2      (a) the forged check or checks are used to obtain or in an 
  6.3   attempt to obtain, property or services of more than $200 $250 
  6.4   but not more than $2,500, or the aggregate face amount of the 
  6.5   forged check or checks is more than $200 $250 but not more than 
  6.6   $2,500; or 
  6.7      (b) the forged check or checks are used to obtain or in an 
  6.8   attempt to obtain, property or services of no more 
  6.9   than $200 $250, or have an aggregate face value of no more 
  6.10  than $200 $250, and the person has been convicted within the 
  6.11  preceding five years for an offense under this section, section 
  6.12  609.24; 609.245; 609.52; 609.53; 609.582, subdivision 1, 2, or 
  6.13  3; 609.625; 609.63; or 609.821, or a statute from another state 
  6.14  in conformity with any of those sections, and the person 
  6.15  received a felony or gross misdemeanor sentence for the offense, 
  6.16  or a sentence that was stayed under section 609.135 if the 
  6.17  offense to which a plea was entered would allow imposition of a 
  6.18  felony or gross misdemeanor sentence; and 
  6.19     (4) to imprisonment for not more than one year or 
  6.20  to payment of a fine of not more than $3,000, or both, if the 
  6.21  forged check or checks are used to obtain or in an attempt to 
  6.22  obtain, property or services of no more than $200 $250, or the 
  6.23  aggregate face amount of the forged check or checks is no more 
  6.24  than $200 $250. 
  6.25     In any prosecution under this subdivision, the value of the 
  6.26  checks forged or offered by the defendant in violation of this 
  6.27  subdivision within any six-month period may be aggregated and 
  6.28  the defendant charged accordingly in applying the provisions of 
  6.29  this section.  When two or more offenses are committed by the 
  6.30  same person in two or more counties, the accused may be 
  6.31  prosecuted in any county in which one of the checks was forged 
  6.32  or offered for all of the offenses aggregated under this 
  6.33  paragraph. 
  6.34     Sec. 5.  Minnesota Statutes 1998, section 609.821, 
  6.35  subdivision 3, is amended to read: 
  6.36     Subd. 3.  [SENTENCE.] (a) A person who commits financial 
  7.1   transaction card fraud may be sentenced as follows: 
  7.2      (1) for a violation of subdivision 2, clause (1), (2), (5), 
  7.3   or (8): 
  7.4      (i) to imprisonment for not more than 20 years or to 
  7.5   payment of a fine of not more than $100,000, or both, if the 
  7.6   value of the property the person obtained or attempted to obtain 
  7.7   was more than $35,000, or the aggregate amount of the 
  7.8   transactions under this subdivision was more than $35,000; or 
  7.9      (ii) to imprisonment for not more than ten years or to 
  7.10  payment of a fine of not more than $20,000, or both, if the 
  7.11  value of the property the person obtained or attempted to obtain 
  7.12  was more than $2,500, or the aggregate amount of the 
  7.13  transactions under this subdivision was more than $2,500; or 
  7.14     (iii) to imprisonment for not more than five years or to 
  7.15  payment of a fine of not more than $10,000, or both, if the 
  7.16  value of the property the person obtained or attempted to obtain 
  7.17  was more than $200 $250 but not more than $2,500, or the 
  7.18  aggregate amount of the transactions under this subdivision was 
  7.19  more than $200 $250 but not more than $2,500; or 
  7.20     (iv) to imprisonment for not more than five years or to 
  7.21  payment of a fine of not more than $10,000, or both, if the 
  7.22  value of the property the person obtained or attempted to obtain 
  7.23  was not more than $200 $250, or the aggregate amount of the 
  7.24  transactions under this subdivision was not more than $200 $250, 
  7.25  and the person has previously been convicted within the 
  7.26  preceding five years for an offense under this section, section 
  7.27  609.24; 609.245; 609.52; 609.53; 609.582, subdivision 1, 2, or 
  7.28  3; 609.625; 609.63; or 609.631, or a statute from another state 
  7.29  in conformity with any of those sections, and the person 
  7.30  received a felony or gross misdemeanor sentence for the offense, 
  7.31  or a sentence that was stayed under section 609.135 if the 
  7.32  offense to which a plea was entered would allow imposition of a 
  7.33  felony or gross misdemeanor sentence; or 
  7.34     (v) to imprisonment for not more than one year or to 
  7.35  payment of a fine of not more than $3,000, or both, if the value 
  7.36  of the property the person obtained or attempted to obtain was 
  8.1   not more than $200 $250, or the aggregate amount of the 
  8.2   transactions under this subdivision was not more than $200 $250; 
  8.3   and 
  8.4      (vi) in any prosecution under clauses (i) to (v), the value 
  8.5   of the transactions made or attempted within any six-month 
  8.6   period may be aggregated and the defendant charged accordingly 
  8.7   in applying the provisions of this section.  When two or more 
  8.8   offenses are committed by the same person in two or more 
  8.9   counties, the accused may be prosecuted in any county in which 
  8.10  one of the card transactions occurred for all of the 
  8.11  transactions aggregated under this paragraph; 
  8.12     (2) for a violation of subdivision 2, clause (3) or (4), to 
  8.13  imprisonment for not more than three years or to payment of a 
  8.14  fine of not more than $5,000, or both; or 
  8.15     (3) for a violation of subdivision 2, clause (6) or (7): 
  8.16     (i) if no property, other than a financial transaction 
  8.17  card, has been obtained by the defendant by means of the false 
  8.18  statement or false report, to imprisonment for not more than one 
  8.19  year or to payment of a fine of not more than $3,000, or both; 
  8.20  or 
  8.21     (ii) if property, other than a financial transaction card, 
  8.22  is so obtained, in the manner provided in clause (1). 
  8.23     (b) In any prosecution under paragraph (a), clause (1), the 
  8.24  value of the transactions made or attempted within any six-month 
  8.25  period may be aggregated and the defendant charged accordingly 
  8.26  in applying the provisions of this section.  When two or more 
  8.27  offenses are committed by the same person in two or more 
  8.28  counties, the accused may be prosecuted in any county in which 
  8.29  one of the card transactions occurred for all of the 
  8.30  transactions aggregated under this paragraph. 
  8.31     Sec. 6.  [628.69] [PRETRIAL DIVERSION PROGRAM FOR WRITERS 
  8.32  OF DISHONORED CHECKS.] 
  8.33     Subdivision 1.  [DEFINITIONS.] As used in this section: 
  8.34     (1) a person is an "offender" if the person is charged 
  8.35  with, or probable cause exists to arrest or charge the person 
  8.36  with, a violation of section 609.535, but the person has not yet 
  9.1   entered a plea in the proceedings; 
  9.2      (2) "pretrial diversion" means the decision of a prosecutor 
  9.3   to refer an offender to a diversion program on condition that 
  9.4   the criminal charges against the offender will be dismissed 
  9.5   after a specified period of time, or the case will not be 
  9.6   charged, if the offender successfully completes the program; and 
  9.7      (3) "prosecutor" means a city or county attorney. 
  9.8      Subd. 2.  [ESTABLISHMENT OF PROGRAM.] A prosecutor may 
  9.9   establish a pretrial diversion program for offenders.  The 
  9.10  program may be conducted by the prosecutor or by a private 
  9.11  entity under contract with the prosecutor. 
  9.12     Subd. 3.  [DIVERSION OF OFFENDER.] In determining whether 
  9.13  to accept an offender for pretrial diversion, the prosecutor 
  9.14  shall consider: 
  9.15     (1) the value of the dishonored check or checks; 
  9.16     (2) whether the offender has a criminal record or has 
  9.17  previously been diverted under this section or any other 
  9.18  diversion program; 
  9.19     (3) the number of dishonored check grievances against the 
  9.20  offender previously received by the prosecutor; 
  9.21     (4) whether there are other dishonored check grievances 
  9.22  currently pending against the offender; 
  9.23     (5) the strength of the evidence, if any, of intent to 
  9.24  defraud the victim; and 
  9.25     (6) the wishes of the victim regarding placement in the 
  9.26  program. 
  9.27     Subd. 4.  [PROGRAM COMPONENTS.] At a minimum, the pretrial 
  9.28  diversion program must require offenders to: 
  9.29     (1) successfully complete an appropriate educational class 
  9.30  or classes at their own expense which includes information on 
  9.31  writing checks and managing money; 
  9.32     (2) make full restitution to the victim of the offense; and 
  9.33     (3) pay appropriate penalties under section 332.50, 
  9.34  subdivision 2, paragraph (a). 
  9.35     Subd. 5.  [NO CIVIL LIABILITY.] A victim of an offender who 
  9.36  successfully completes a pretrial diversion program under this 
 10.1   section may not recover the penalties described in section 
 10.2   332.50, subdivision 2, paragraph (b). 
 10.3      Subd. 6.  [REPORTING OF DATA TO CRIMINAL JUSTICE 
 10.4   INFORMATION SYSTEM (CJIS).] Every prosecutor who has established 
 10.5   a pretrial diversion program under this section shall report the 
 10.6   following information to the bureau of criminal apprehension: 
 10.7      (1) the name and date of birth of each diversion program 
 10.8   participant, and any other identifying information the 
 10.9   superintendent considers necessary; 
 10.10     (2) the date on which the individual began to participate 
 10.11  in the diversion program; 
 10.12     (3) the date on which the individual is expected to 
 10.13  complete the diversion program; 
 10.14     (4) the date on which the individual successfully completed 
 10.15  the diversion program, where applicable; and 
 10.16     (5) the date on which the individual was removed from the 
 10.17  diversion program for failure to successfully complete the 
 10.18  individual's goals, where applicable. 
 10.19     The superintendent shall cause the information described in 
 10.20  this subdivision to be entered into and maintained in the 
 10.21  criminal history file of the Minnesota criminal justice 
 10.22  information system. 
 10.23     Subd. 7.  [REPORTS.] By January 15 of each odd-numbered 
 10.24  year, each prosecutor shall report to the commissioner of 
 10.25  corrections and the chairs of the senate and house committees 
 10.26  having jurisdiction over criminal justice policy on the 
 10.27  operation of any pretrial diversion program established under 
 10.28  this section.  The report must include a description of the 
 10.29  program, the number of offenders participating in the program, 
 10.30  the number and characteristics of the offenders who successfully 
 10.31  complete the program, the number and characteristics of the 
 10.32  offenders who fail to complete the program, and an evaluation of 
 10.33  the program's effect on the operation of the criminal justice 
 10.34  system within the prosecutor's jurisdiction. 
 10.35     Sec. 7.  [EFFECTIVE DATE.] 
 10.36     Sections 1 and 6 are effective August 1, 1999.  Sections 2 
 11.1   to 5 are effective August 1, 1999, and apply to crimes committed 
 11.2   on or after that date.