HF 1033

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crime; imposing criminal penalties on 
  1.3             persons who commit certain unlawful acts relating to 
  1.4             charitable solicitation, consumer fraud, deceptive 
  1.5             trade practices, or false advertising against a victim 
  1.6             who is elderly or handicapped; proposing coding for 
  1.7             new law in Minnesota Statutes, chapter 609. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [609.2336] [DECEPTIVE OR UNFAIR TRADE 
  1.10  PRACTICES; ELDERLY OR HANDICAPPED VICTIMS.] 
  1.11     Subdivision 1.  [DEFINITIONS.] As used in this section: 
  1.12     (1) "charitable solicitation law violation" means a 
  1.13  violation of sections 309.50 to 309.61; 
  1.14     (2) "consumer fraud law violation" means a violation of 
  1.15  sections 325F.68 to 325F.70; 
  1.16     (3) "deceptive trade practices law violation" means a 
  1.17  violation of sections 325D.43 to 325D.48; 
  1.18     (4) "false advertising law violation" means a violation of 
  1.19  section 325F.67; 
  1.20     (5) "handicapped person" means a person who has an 
  1.21  impairment of physical or mental function or emotional status 
  1.22  that substantially limits one or more major life activities; 
  1.23     (6) "major life activities" means functions such as caring 
  1.24  for oneself, performing manual tasks, walking, seeing, hearing, 
  1.25  speaking, breathing, learning, and working; and 
  1.26     (7) "senior citizen" means a person who is 62 years of age 
  2.1   or older. 
  2.2      Subd. 2.  [CRIME.] It is a gross misdemeanor for any person 
  2.3   to commit a charitable solicitation law violation, a consumer 
  2.4   fraud law violation, a deceptive trade practices law violation, 
  2.5   or a false advertising law violation if the person knows or has 
  2.6   reason to know that the person's conduct: 
  2.7      (1) is directed at one or more handicapped persons or 
  2.8   senior citizens; and 
  2.9      (2) will cause or is likely to cause a handicapped person 
  2.10  or a senior citizen to suffer loss or encumbrance of a primary 
  2.11  residence, principal employment or other major source of income, 
  2.12  substantial loss of property set aside for retirement or for 
  2.13  personal or family care and maintenance, substantial loss of 
  2.14  pension, retirement plan, or government benefits, or substantial 
  2.15  loss of other assets essential to the victim's health or welfare.
  2.16     Subd. 3.  [PROSECUTORIAL JURISDICTION.] The attorney 
  2.17  general has statewide jurisdiction to prosecute violations of 
  2.18  this section.  This jurisdiction is concurrent with that of the 
  2.19  local prosecuting authority responsible for prosecuting gross 
  2.20  misdemeanors in the place where the violation was committed. 
  2.21     Sec. 2.  [EFFECTIVE DATE.] 
  2.22     Section 1 is effective August 1, 1997, and applies to 
  2.23  crimes committed on or after that date.