Minnesota Legislature
HF 929
as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/10/2005 |
Current Version - as introduced
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A bill for an act
relating to crimes; modifying penalties for identity
theft; requiring minimum restitution payments and
providing information to victims of identity theft;
amending Minnesota Statutes 2004, section 609.527,
subdivisions 3, 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2004, section 609.527,
subdivision 3, is amended to read:
Subd. 3.
Penalties.
A person who violates subdivision 2
may be sentenced as follows:
(1) if the offense involves a single direct victim and the
total, combined loss to the direct victim and any indirect
victims is $250 or less, the person may be sentenced as provided
in section 609.52, subdivision 3, clause (5);
(2) if the offense involves a single direct victim and the
total, combined loss to the direct victim and any indirect
victims is more than $250 but not more than $500, the person may
be sentenced as provided in section 609.52, subdivision 3,
clause (4);
(3) if the offense involves two or three direct victims or
the total, combined loss to the direct and indirect victims is
more than $500 but not more than $2,500, the person may be
sentenced as provided in section 609.52, subdivision 3, clause
(3);
(4) if the offense involves more than three but not more
than seven direct victims, or if the total combined loss to the
direct and indirect victims is more than $2,500, the person may
be sentenced as provided in section 609.52, subdivision 3,
clause (2); and
(5) if the offense involves eight or more direct victimsdeleted text begin ,deleted text end new text begin ;
new text end
or if the total, combined loss to the direct and indirect
victims is more than $35,000deleted text begin ,deleted text end new text begin ; or if the offense is related to
possession or distribution of pornographic work in violation of
section 617.246 or 617.247;new text end the person may be sentenced as
provided in section 609.52, subdivision 3, clause (1).
Sec. 2.
Minnesota Statutes 2004, section 609.527,
subdivision 4, is amended to read:
Subd. 4.
Restitutionnew text begin ; items provided to victimnew text end .
new text begin (a) new text end A
direct or indirect victim of an identity theft crime shall be
considered a victim for all purposes, including any rights that
accrue under chapter 611A and rights to court-ordered
restitution.
new text begin
(b) The court shall order a person convicted under this
subdivision to pay restitution of not less than $1,000 to each
direct victim of the offense.
new text end
new text begin
(c) Upon the written request of a direct victim or the
prosecutor setting forth with specificity the facts and
circumstances of the offense in a proposed order, the court
shall provide to the victim, without cost, a copy of the
complaint filed in the matter, the judgment of conviction, and
an order setting forth the facts and circumstances of the
offense.
new text end
Sec. 3. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 and 2 are effective August 1, 2005, and apply to
crimes committed on or after that date.
new text end