HF 2666

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; allowing city attorneys 
  1.3             to prosecute the crime of contributing to delinquency 
  1.4             of a minor; increasing the penalty for certain thefts 
  1.5             and for contributing to the delinquency of a minor 
  1.6             under certain circumstances; directing an aggravating 
  1.7             factor to the sentencing guidelines commission; 
  1.8             amending Minnesota Statutes 1998, sections 609.035, by 
  1.9             adding a subdivision; and 609.494, subdivision 2, and 
  1.10            by adding a subdivision; Minnesota Statutes 1999 
  1.11            Supplement, sections 260B.425, subdivisions 1 and 2; 
  1.12            and 609.52, subdivision 3. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 1999 Supplement, section 
  1.15  260B.425, subdivision 1, is amended to read: 
  1.16     Subdivision 1.  [CRIMES.] (a) Any person who by act, word, 
  1.17  or omission encourages, causes, or contributes to delinquency of 
  1.18  a child or to a child's status as a juvenile petty offender, is 
  1.19  guilty of a crime and is subject to the penalties provided in 
  1.20  paragraph (b). 
  1.21     (b) A person convicted under paragraph (a) is guilty of a 
  1.22  felony and may be imprisoned for up to five years if the child's 
  1.23  underlying delinquent conduct would be a gross misdemeanor or 
  1.24  felony if committed by an adult.  Otherwise, a person convicted 
  1.25  under paragraph (a) is guilty of a gross misdemeanor.  
  1.26     (b) (c) This section does not apply to licensed social 
  1.27  services agencies and outreach workers who, while acting within 
  1.28  the scope of their professional duties, provide services to 
  1.29  runaway children. 
  2.1      Sec. 2.  Minnesota Statutes 1999 Supplement, section 
  2.2   260B.425, subdivision 2, is amended to read: 
  2.3      Subd. 2.  [COMPLAINT; VENUE.] A complaint under this 
  2.4   section may be filed by the county attorney or city attorney 
  2.5   having jurisdiction where the child is found, resides, or where 
  2.6   the alleged act of contributing occurred.  The complaint may be 
  2.7   filed in either the juvenile or criminal divisions of the 
  2.8   district court.  A prior or pending petition alleging that the 
  2.9   child is delinquent, a juvenile petty offender, or in need of 
  2.10  protection or services is not a prerequisite to a complaint or a 
  2.11  conviction under this section.  
  2.12     Sec. 3.  Minnesota Statutes 1998, section 609.035, is 
  2.13  amended by adding a subdivision to read: 
  2.14     Subd. 6.  [EXCEPTION; CONTRIBUTING TO THE DELINQUENCY OF A 
  2.15  MINOR.] Notwithstanding subdivision 1, a prosecution or 
  2.16  conviction for violating section 260B.425 is not a bar to 
  2.17  conviction of or punishment for any other crime committed by the 
  2.18  defendant as part of the same conduct. 
  2.19     Sec. 4.  Minnesota Statutes 1998, section 609.494, 
  2.20  subdivision 2, is amended to read: 
  2.21     Subd. 2.  [SENTENCE.] (a) A person who violates subdivision 
  2.22  1 is guilty of a misdemeanor if the intended criminal act is a 
  2.23  misdemeanor or would be a misdemeanor if committed by an adult, 
  2.24  and is guilty of a gross misdemeanor if the intended criminal 
  2.25  act is a gross misdemeanor or would be a gross misdemeanor if 
  2.26  committed by an adult. 
  2.27     (b) A person who violates subdivision 1 is guilty of a 
  2.28  felony if the intended criminal act is a felony or would be a 
  2.29  felony if committed by an adult, and may be sentenced to 
  2.30  imprisonment for not more than one-half the statutory maximum 
  2.31  term for the intended criminal act or to payment of a fine of 
  2.32  not more than one-half the maximum fine for the intended 
  2.33  criminal act, or both. 
  2.34     Sec. 5.  Minnesota Statutes 1998, section 609.494, is 
  2.35  amended by adding a subdivision to read: 
  2.36     Subd. 6.  [COMPLAINT.] A complaint under this section may 
  3.1   be filed by the county attorney or city attorney having 
  3.2   jurisdiction. 
  3.3      Sec. 6.  Minnesota Statutes 1999 Supplement, section 
  3.4   609.52, subdivision 3, is amended to read: 
  3.5      Subd. 3.  [SENTENCE.] Whoever commits theft may be 
  3.6   sentenced as follows: 
  3.7      (1) to imprisonment for not more than 20 years or to 
  3.8   payment of a fine of not more than $100,000, or both, if the 
  3.9   property is a firearm, or the value of the property or services 
  3.10  stolen is more than $35,000 and the conviction is for a 
  3.11  violation of subdivision 2, clause (3), (4), (15), or (16); or 
  3.12     (2) to imprisonment for not more than ten years or to 
  3.13  payment of a fine of not more than $20,000, or both, if the 
  3.14  value of the property or services stolen exceeds $2,500, or if 
  3.15  the property stolen was an article representing a trade secret, 
  3.16  an explosive or incendiary device, or a controlled substance 
  3.17  listed in schedule I or II pursuant to section 152.02 with the 
  3.18  exception of marijuana; or 
  3.19     (3) to imprisonment for not more than five years or to 
  3.20  payment of a fine of not more than $10,000, or both, if: 
  3.21     (a) the value of the property or services stolen is more 
  3.22  than $500 but not more than $2,500; or 
  3.23     (b) the property stolen was a controlled substance listed 
  3.24  in schedule III, IV, or V pursuant to section 152.02; or 
  3.25     (c) the value of the property or services stolen is more 
  3.26  than $250 but not more than $500 and the person has been 
  3.27  convicted within the preceding five years for an offense under 
  3.28  this section, section 256.98; 268.182; 609.24; 609.245; 609.53; 
  3.29  609.582, subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or 
  3.30  609.821, or a statute from another state, the United States, or 
  3.31  a foreign jurisdiction, in conformity with any of those 
  3.32  sections, and the person received a felony or gross misdemeanor 
  3.33  sentence for the offense, or a sentence that was stayed under 
  3.34  section 609.135 if the offense to which a plea was entered would 
  3.35  allow imposition of a felony or gross misdemeanor sentence; or 
  3.36     (d) the value of the property or services stolen is not 
  4.1   more than $500, and any of the following circumstances exist: 
  4.2      (i) the property is taken from the person of another or 
  4.3   from a corpse, or grave or coffin containing a corpse; or 
  4.4      (ii) the property is a record of a court or officer, or a 
  4.5   writing, instrument or record kept, filed or deposited according 
  4.6   to law with or in the keeping of any public officer or office; 
  4.7   or 
  4.8      (iii) the property is taken from a burning, abandoned, or 
  4.9   vacant building or upon its removal therefrom, or from an area 
  4.10  of destruction caused by civil disaster, riot, bombing, or the 
  4.11  proximity of battle; or 
  4.12     (iv) the property consists of public funds belonging to the 
  4.13  state or to any political subdivision or agency thereof; or 
  4.14     (v) the property stolen is a motor vehicle; or 
  4.15     (vi) the defendant either was accompanied by a minor while 
  4.16  committing the theft or either a minor aided the defendant in 
  4.17  committing the theft or the defendant aided a minor in 
  4.18  committing the theft; or 
  4.19     (4) to imprisonment for not more than one year or to 
  4.20  payment of a fine of not more than $3,000, or both, if the value 
  4.21  of the property or services stolen is more than $250 but not 
  4.22  more than $500; or 
  4.23     (5) in all other cases where the value of the property or 
  4.24  services stolen is $250 or less, to imprisonment for not more 
  4.25  than 90 days or to payment of a fine of not more than $700, or 
  4.26  both, provided, however, in any prosecution under subdivision 2, 
  4.27  clauses (1), (2), (3), (4), and (13), the value of the money or 
  4.28  property or services received by the defendant in violation of 
  4.29  any one or more of the above provisions within any six-month 
  4.30  period may be aggregated and the defendant charged accordingly 
  4.31  in applying the provisions of this subdivision; provided that 
  4.32  when two or more offenses are committed by the same person in 
  4.33  two or more counties, the accused may be prosecuted in any 
  4.34  county in which one of the offenses was committed for all of the 
  4.35  offenses aggregated under this paragraph. 
  4.36     Sec. 7.  [SENTENCING GUIDELINES AGGRAVATING FACTOR.] 
  5.1      The sentencing guidelines commission is directed to amend 
  5.2   sentencing guideline II.D.2.b. to include the following 
  5.3   circumstances as an aggravating factor: 
  5.4      (1) the offender solicited or conspired with a minor to 
  5.5   commit the offense; 
  5.6      (2) the offender was an accomplice to a minor in the 
  5.7   commission of the offense; or 
  5.8      (3) a minor was an accomplice to the offender in the 
  5.9   commission of the offense. 
  5.10     Sec. 8.  [EFFECTIVE DATE.] 
  5.11     Sections 1 to 7 are effective August 1, 2000, and apply to 
  5.12  crimes committed on or after that date.