HF 905

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; providing criminal penalties for 
  1.3             persons who own, operate, or have physical control of 
  1.4             vehicles with intent to conceal or transport 
  1.5             contraband in specially designated compartments; 
  1.6             authorizing the civil forfeiture of vehicles 
  1.7             containing illegal compartments; amending Minnesota 
  1.8             Statutes 1998, section 609.531, subdivision 1; 
  1.9             proposing coding for new law in Minnesota Statutes, 
  1.10            chapter 609. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  [609.4955] [CONCEALING OR TRANSPORTING 
  1.13  CONTRABAND.] 
  1.14     Whoever owns, operates, or has physical control of a motor 
  1.15  vehicle containing a compartment specially designed to conceal 
  1.16  or transport contraband with intent to use the compartment to 
  1.17  conceal or transport contraband is guilty of a felony and may be 
  1.18  sentenced to imprisonment for not more than three years or to 
  1.19  payment of a fine of not more than $5,000, or both. 
  1.20     Sec. 2.  Minnesota Statutes 1998, section 609.531, 
  1.21  subdivision 1, is amended to read: 
  1.22     Subdivision 1.  [DEFINITIONS.] For the purpose of sections 
  1.23  609.531 to 609.5318, the following terms have the meanings given 
  1.24  them.  
  1.25     (a) "Conveyance device" means a device used for 
  1.26  transportation and includes, but is not limited to, a motor 
  1.27  vehicle, trailer, snowmobile, airplane, and vessel and any 
  1.28  equipment attached to it.  The term "conveyance device" does not 
  2.1   include property which is, in fact, itself stolen or taken in 
  2.2   violation of the law.  
  2.3      (b) "Weapon used" means a dangerous weapon as defined under 
  2.4   section 609.02, subdivision 6, that the actor used or had in 
  2.5   possession in furtherance of a crime.  
  2.6      (c) "Property" means property as defined in section 609.52, 
  2.7   subdivision 1, clause (1).  
  2.8      (d) "Contraband" means property which is illegal to possess 
  2.9   under Minnesota law.  
  2.10     (e) "Appropriate agency" means the bureau of criminal 
  2.11  apprehension, the Minnesota state patrol, a county sheriff's 
  2.12  department, the suburban Hennepin regional park district park 
  2.13  rangers, the department of natural resources division of 
  2.14  enforcement, the University of Minnesota police department, or a 
  2.15  city or airport police department.  
  2.16     (f) "Designated offense" includes:  
  2.17     (1) for weapons used:  any violation of this chapter, 
  2.18  chapter 152, or chapter 624; 
  2.19     (2) for all other purposes:  a felony violation of, or a 
  2.20  felony-level attempt or conspiracy to violate, section 325E.17; 
  2.21  325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222; 
  2.22  609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322; 
  2.23  609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 
  2.24  1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to 
  2.25  (e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e), 
  2.26  and (h) to (j); 609.42; 609.425; 609.466; 609.485; 609.487; 
  2.27  609.4955; 609.52; 609.525; 609.53; 609.54; 609.551; 609.561; 
  2.28  609.562; 609.563; 609.582; 609.59; 609.595; 609.631; 609.66, 
  2.29  subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and 12; 
  2.30  609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893; 
  2.31  617.246; or a gross misdemeanor or felony violation of section 
  2.32  609.891 or 624.7181; or any violation of section 609.324.  
  2.33     (g) "Controlled substance" has the meaning given in section 
  2.34  152.01, subdivision 4. 
  2.35     Sec. 3.  [EFFECTIVE DATE.] 
  2.36     Sections 1 and 2 are effective August 1, 1999, and apply to 
  3.1   crimes committed on or after that date.