HF 228

as introduced - 88th Legislature (2013 - 2014) Posted on 01/31/2013 01:21pm

A bill for an act
relating to public safety; creating increased penalties for wildlife arson that
damages multiple dwellings, acreage, or crops; adding restitution provisions;
amending Minnesota Statutes 2012, section 609.5641, subdivisions 1, 3, by
adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 609.5641, subdivision 1, is amended to read:

Subdivision 1.

Setting wildfires.

A person deleted text begin is guilty of a felony deleted text end who intentionally
sets a fire to burn out of control on land of another containing timber, underbrush, grass,
or other vegetative combustible material new text begin is guilty of a felony and may be sentenced as
provided in subdivision 1a new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2012, section 609.5641, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Penalty; felonies. new text end

new text begin (a) Except as provided in paragraphs (b) and (c), a
person who violates subdivision 1 may be sentenced to imprisonment for not more than
five years or to payment of a fine of not more than $10,000, or both.
new text end

new text begin (b) A person who violates subdivision 1 where the fire threatens to damage or
damages in excess of five dwellings, burns 500 acres or more, or damages crops in excess
of $100,000, may be sentenced to imprisonment for not more than ten years or to payment
of a fine of not more than $15,000, or both.
new text end

new text begin (c) A person who violates subdivision 1 where the fire threatens to damage or
damages in excess of 100 dwellings, burns 1,500 acres or more, or damages crops in
excess of $250,000, may be sentenced to imprisonment for not more than 20 years or to
payment of a fine of not more than $25,000, or both.
new text end

new text begin (d) For purposes of this section, a dwelling is threatened when there is a probability
of damage to the dwelling requiring evacuation for safety of life.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2012, section 609.5641, subdivision 3, is amended to read:

Subd. 3.

deleted text begin Penalty; deleted text end Restitution.

deleted text begin (a) A person who violates subdivision 1 may be
sentenced to imprisonment for not more than five years or to payment of a fine of not
more than $10,000, or both.
deleted text end

deleted text begin (b) A person who violates subdivision 2 may be sentenced to imprisonment for not
more than one year or to payment of a fine of not more than $3,000, or both.
deleted text end

deleted text begin (c) deleted text end In addition to the sentence otherwise authorized, the court may order a person
who is convicted of violating this section to pay fire suppression costs deleted text begin and deleted text end new text begin , new text end damages to
the owner of the damaged land new text begin , costs associated with injuries sustained by a member of a
municipal or volunteer fire department in the performance of the member's duties, and
any other restitution costs allowed under section 611A.04 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013.
new text end