HF 3023

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; clarifying repeat offender 
  1.3             penalties for theft crimes; amending Minnesota 
  1.4             Statutes 1997 Supplement, section 609.52, subdivision 
  1.5             3. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1997 Supplement, section 
  1.8   609.52, subdivision 3, is amended to read: 
  1.9      Subd. 3.  [SENTENCE.] Whoever commits theft may be 
  1.10  sentenced as follows: 
  1.11     (1) to imprisonment for not more than 20 years or to 
  1.12  payment of a fine of not more than $100,000, or both, if the 
  1.13  property is a firearm, or the value of the property or services 
  1.14  stolen is more than $35,000 and the conviction is for a 
  1.15  violation of subdivision 2, clause (3), (4), (15), or (16); or 
  1.16     (2) to imprisonment for not more than ten years or to 
  1.17  payment of a fine of not more than $20,000, or both, if the 
  1.18  value of the property or services stolen exceeds $2,500, or if 
  1.19  the property stolen was an article representing a trade secret, 
  1.20  an explosive or incendiary device, or a controlled substance 
  1.21  listed in schedule I or II pursuant to section 152.02 with the 
  1.22  exception of marijuana; or 
  1.23     (3) to imprisonment for not more than five years or to 
  1.24  payment of a fine of not more than $10,000, or both, if: 
  1.25     (a) the value of the property or services stolen is more 
  2.1   than $500 but not more than $2,500; or 
  2.2      (b) the property stolen was a controlled substance listed 
  2.3   in schedule III, IV, or V pursuant to section 152.02; or 
  2.4      (c) the value of the property or services stolen is more 
  2.5   than $200 but not more than $500 and the person has been 
  2.6   convicted within the preceding five years for an offense under 
  2.7   this section, section 256.98; 268.182; 609.24; 609.245; 609.53; 
  2.8   609.582, subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or 
  2.9   609.821, or a statute from another state jurisdiction in 
  2.10  conformity with any of those sections, and the person received a 
  2.11  felony or gross misdemeanor sentence for the offense, or a 
  2.12  sentence that was stayed under section 609.135 if the offense to 
  2.13  which a plea was entered would allow imposition of a felony or 
  2.14  gross misdemeanor sentence; or 
  2.15     (d) the value of the property or services stolen is not 
  2.16  more than $500, and any of the following circumstances exist: 
  2.17     (i) the property is taken from the person of another or 
  2.18  from a corpse, or grave or coffin containing a corpse; or 
  2.19     (ii) the property is a record of a court or officer, or a 
  2.20  writing, instrument or record kept, filed or deposited according 
  2.21  to law with or in the keeping of any public officer or office; 
  2.22  or 
  2.23     (iii) the property is taken from a burning, abandoned, or 
  2.24  vacant building or upon its removal therefrom, or from an area 
  2.25  of destruction caused by civil disaster, riot, bombing, or the 
  2.26  proximity of battle; or 
  2.27     (iv) the property consists of public funds belonging to the 
  2.28  state or to any political subdivision or agency thereof; or 
  2.29     (v) the property stolen is a motor vehicle; or 
  2.30     (4) to imprisonment for not more than one year or to 
  2.31  payment of a fine of not more than $3,000, or both, if the value 
  2.32  of the property or services stolen is more than $200 but not 
  2.33  more than $500; or 
  2.34     (5) in all other cases where the value of the property or 
  2.35  services stolen is $200 or less, to imprisonment for not more 
  2.36  than 90 days or to payment of a fine of not more than $700, or 
  3.1   both, provided, however, in any prosecution under subdivision 2, 
  3.2   clauses (1), (2), (3), (4), and (13), the value of the money or 
  3.3   property or services received by the defendant in violation of 
  3.4   any one or more of the above provisions within any six-month 
  3.5   period may be aggregated and the defendant charged accordingly 
  3.6   in applying the provisions of this subdivision; provided that 
  3.7   when two or more offenses are committed by the same person in 
  3.8   two or more counties, the accused may be prosecuted in any 
  3.9   county in which one of the offenses was committed for all of the 
  3.10  offenses aggregated under this paragraph. 
  3.11     Sec. 2.  [EFFECTIVE DATE.] 
  3.12     Section 1 is effective August 1, 1998, and applies to 
  3.13  crimes committed on or after that date.