HF 2122

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

  1.1                          A bill for an act 
  1.2             relating to crimes; prohibiting making or possessing 
  1.3             counterfeit drivers' licenses and identification cards 
  1.4             or having instruments and material for counterfeiting 
  1.5             drivers' licenses and identification cards in certain 
  1.6             instances; expanding the crime prohibiting the 
  1.7             possession of shoplifting gear; imposing criminal 
  1.8             penalties; amending Minnesota Statutes 2000, section 
  1.9             609.521; proposing coding for new law in Minnesota 
  1.10            Statutes, chapter 609. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 2000, section 609.521, is 
  1.13  amended to read: 
  1.14     609.521 [POSSESSION OF SHOPLIFTING GEAR.] 
  1.15     (a) As used in this section, an "electronic article 
  1.16  surveillance system" means any electronic device or devices that 
  1.17  are designed to detect the unauthorized removal of marked 
  1.18  merchandise from a store. 
  1.19     (b) Whoever has in possession any device, gear, or 
  1.20  instrument specially designed to assist in shoplifting or 
  1.21  defeating an electronic article surveillance system with intent 
  1.22  to use the same to shoplift and thereby commit theft may be 
  1.23  sentenced to imprisonment for not more than three years or to 
  1.24  payment of a fine of not more than $5,000, or both. 
  1.25     Sec. 2.  [609.652] [FRAUDULENT DRIVERS' LICENSES AND 
  1.26  IDENTIFICATION CARDS; PENALTY.] 
  1.27     Subdivision 1.  [DEFINITIONS.] For purposes of this section:
  1.28     (1) "driver's license or identification card" means a 
  2.1   driver's license or identification card issued by the driver and 
  2.2   vehicle services division of the department of public safety or 
  2.3   receipts issued by its authorized agents or those of any state 
  2.4   or jurisdiction as defined in section 171.01 that issues 
  2.5   licenses recognized in this state for the operation of a motor 
  2.6   vehicle or that issues identification cards recognized in this 
  2.7   state for the purpose of indicating a person's legal name and 
  2.8   age; and 
  2.9      (2) "fraudulent driver's license or identification card" 
  2.10  means a document purporting to be a driver's license or 
  2.11  identification card, but that is not authentic. 
  2.12     Subd. 2.  [CRIMINAL ACTS.] A person who does any of the 
  2.13  following with intent to manufacture, sell, issue, publish, or 
  2.14  pass more than one fraudulent driver's license or identification 
  2.15  card or to cause or permit any of the items listed in clauses 
  2.16  (1) to (4) to be used in forging or making a false or 
  2.17  counterfeit driver's license or identification card for profit 
  2.18  is guilty of a crime: 
  2.19     (1) has in control, custody, or possession any plate, 
  2.20  block, press, stone, digital image, computer software program, 
  2.21  encoding equipment, computer optical scanning equipment, or 
  2.22  digital photo printer, or other implement, or any part of such 
  2.23  an item, designed to assist in making a fraudulent driver's 
  2.24  license or identification card; 
  2.25     (2) engraves, makes, or amends, or begins to engrave, make, 
  2.26  or amend, any plate, block, press, stone, or other implement for 
  2.27  the purpose of producing a fraudulent driver's license or 
  2.28  identification card; 
  2.29     (3) uses a photocopier, digital camera, photographic image, 
  2.30  or computer software to generate a fraudulent driver's license 
  2.31  or identification card; or 
  2.32     (4) has in control, custody, or possession or makes or 
  2.33  provides paper or other material adapted and designed for the 
  2.34  making of a fraudulent driver's license or identification card. 
  2.35     Subd. 3.  [PENALTIES.] A person who commits any act 
  2.36  described in subdivision 2 is guilty of a gross misdemeanor.  A 
  3.1   person convicted of a second or subsequent offense of this 
  3.2   subdivision may be sentenced to imprisonment for not more than 
  3.3   five years or to payment of a fine of not more than $10,000, or 
  3.4   both. 
  3.5      Sec. 3.  [EFFECTIVE DATE.] 
  3.6      Sections 1 and 2 are effective August 1, 2001, and apply to 
  3.7   crimes committed on or after that date.