HF 1835

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; authorizing local 
  1.3             government units to establish a financial crimes 
  1.4             investigation unit; appropriating money; proposing 
  1.5             coding for new law in Minnesota Statutes, chapter 
  1.6             299A; repealing Minnesota Statutes 2000, section 
  1.7             299A.68. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [299A.68] [FINANCIAL CRIMES INVESTIGATION UNIT 
  1.10  ESTABLISHED.] 
  1.11     Subdivision 1.  [INVESTIGATION UNIT ESTABLISHED.] A group 
  1.12  of two or more local governmental units may enter into an 
  1.13  agreement to establish a major financial crimes investigation 
  1.14  unit. 
  1.15     Subd. 2.  [INVESTIGATION UNIT'S DUTIES.] The investigation 
  1.16  unit shall investigate consumer identity theft cases and 
  1.17  reported financial crimes from individuals and businesses who 
  1.18  are victims of such crimes.  The investigation unit shall focus 
  1.19  on financial crimes including, but not limited to:  theft, 
  1.20  fraud, and forgery crimes, including identity theft, check 
  1.21  forgery, fraud in obtaining credit, financial transaction card 
  1.22  fraud, theft from merchants, possession or sale of stolen or 
  1.23  counterfeit checks, issuance of dishonored checks, creation or 
  1.24  use of counterfeit state identification, obtaining counterfeit 
  1.25  state identification, fraudulent Internet transactions, 
  1.26  fraudulent merchandise returns, and other related financial 
  2.1   crimes.  In particular, the investigation unit shall target 
  2.2   criminals who: 
  2.3      (1) commit multiple cross-jurisdictional financial crimes; 
  2.4      (2) employ computers and other sophisticated technology to 
  2.5   counterfeit documents or commit fraud; or 
  2.6      (3) illegally obtain consumer information for identity 
  2.7   theft. 
  2.8      Subd. 3.  [ROLE OF PARTICIPATING LOCAL GOVERNMENTAL UNITS.] 
  2.9   The local governmental units that agree to form and participate 
  2.10  in the financial crimes investigation unit shall oversee the 
  2.11  investigation unit's operation by establishing procedures and 
  2.12  guidelines in their agreement.  The agreement may address the 
  2.13  following: 
  2.14     (1) the command structure of the investigation unit; 
  2.15     (2) acquisition of equipment, office space, and 
  2.16  transportation; 
  2.17     (3) procedures for contracting for necessary administrative 
  2.18  support; 
  2.19     (4) selection and assignment of members; 
  2.20     (5) transfer of investigation unit members; 
  2.21     (6) resolution of disputes between participating local 
  2.22  governmental units; and 
  2.23     (7) all other issues deemed pertinent by the participating 
  2.24  local governmental units. 
  2.25     Subd. 4.  [COMMANDER.] The participating local governmental 
  2.26  units shall select a commander to direct the investigation 
  2.27  unit.  The commander shall make tactical decisions regarding the 
  2.28  commencement, continuation, and conclusion of investigations of 
  2.29  crimes within the investigation unit's jurisdiction.  The 
  2.30  commander shall also report annually to the bureau of criminal 
  2.31  apprehension as required in subdivision 11. 
  2.32     Subd. 5.  [MEMBERS.] The investigation unit may include law 
  2.33  enforcement officers, prosecutors, and investigators from local 
  2.34  governmental units who are selected by their supervisors to 
  2.35  participate in the investigation unit.  All law enforcement 
  2.36  officers selected to join the investigation unit must be 
  3.1   licensed peace officers under section 626.84, subdivision 1. 
  3.2      Subd. 6.  [JURISDICTION.] Law enforcement officers who are 
  3.3   members of the investigation unit shall have statewide 
  3.4   jurisdiction to conduct criminal investigations into financial 
  3.5   crimes as described in subdivision 2 and possess the same powers 
  3.6   of arrest as those possessed by a sheriff. 
  3.7      Subd. 7.  [COLLABORATION WITH OTHER PROSECUTORS AND LAW 
  3.8   ENFORCEMENT OFFICERS.] To the greatest degree possible, the 
  3.9   investigation unit shall cooperate and collaborate with existing 
  3.10  prosecutorial offices and law enforcement agencies. 
  3.11     Subd. 8.  [PROSECUTOR.] A local governmental unit may seek 
  3.12  a grant for reimbursement for the time and resources that a 
  3.13  prosecutor and the prosecutor's staff dedicate to the 
  3.14  investigation unit.  A participating prosecutor shall remain an 
  3.15  employee of the contributing county. 
  3.16     Subd. 9.  [MONITOR.] The commissioner of public safety 
  3.17  shall select an agent of the office of drug policy and violence 
  3.18  prevention to monitor the activities of the investigation unit.  
  3.19  The monitor shall allocate grants to compensate local 
  3.20  governmental units for the resources allocated to the 
  3.21  investigation unit and report annually to the commissioner of 
  3.22  public safety. 
  3.23     Subd. 10.  [FORFEITURE.] Property seized by the 
  3.24  investigation unit is subject to forfeiture pursuant to sections 
  3.25  609.531, 609.5312, 609.5313, and 609.5315 if ownership cannot be 
  3.26  established.  The investigation unit shall receive the proceeds 
  3.27  from the sale of all property that it properly seizes and that 
  3.28  is forfeited. 
  3.29     Subd. 11.  [REQUIRED REPORTS.] (a) Beginning June 30, 2002, 
  3.30  the commander of the investigation unit shall report annually to 
  3.31  the monitor from the bureau of criminal apprehension on the 
  3.32  activities of the investigation unit and the use of grants 
  3.33  awarded under section 2. 
  3.34     (b) Beginning October 1, 2002, the monitor from the bureau 
  3.35  of criminal apprehension shall report annually to the 
  3.36  commissioner of public safety on the activities of the 
  4.1   investigation unit and the use of grants awarded under section 2.
  4.2      (c) By March 1, 2003, the monitor and commander, in 
  4.3   collaboration with the commissioner of public safety, shall 
  4.4   report to the chairs and ranking minority members of the house 
  4.5   of representatives and senate committees and divisions having 
  4.6   jurisdiction over criminal justice policy and funding on the 
  4.7   activities of the investigation unit and the use of grants 
  4.8   awarded under section 2. 
  4.9      Subd. 12.  [EXPIRATION.] This investigation unit 
  4.10  legislation expires on June 30, 2003. 
  4.11     Sec. 2.  [APPROPRIATION.] 
  4.12     $1,599,432 for the biennium ending June 30, 2003, is 
  4.13  appropriated from the general fund to the commissioner of public 
  4.14  safety for grants to reimburse local units of government for 
  4.15  costs incurred in participating in the financial crimes 
  4.16  investigation unit established under Minnesota Statutes, section 
  4.17  299A.68.  The grants may cover costs for salaries, equipment, 
  4.18  office space, and other necessary services or expenses of the 
  4.19  unit.  The commissioner shall distribute the money appropriated 
  4.20  in a manner designed to be equitable to the grantees given their 
  4.21  contributions to the investigation unit and to encourage their 
  4.22  continued participation. 
  4.23     Sec. 3.  [REPEALER.] 
  4.24     Minnesota Statutes 2000, section 299A.68, is repealed. 
  4.25     Sec. 4.  [EFFECTIVE DATES.] 
  4.26     Sections 1 and 2 are effective July 1, 2001.  Section 3 is 
  4.27  effective July 1, 2003.