HF 3048

2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes; providing criminal penalties for 
  1.3             persons who promote, advocate, and take responsibility 
  1.4             for criminal acts under certain circumstances; 
  1.5             providing for civil liability against persons who 
  1.6             destroy field crops and organisms grown for research 
  1.7             purposes; amending Minnesota Statutes 2001 Supplement, 
  1.8             section 609.495, by adding a subdivision; proposing 
  1.9             coding for new law in Minnesota Statutes, chapter 604. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  [604.13] [DESTRUCTION OF FIELD CROP PRODUCTS, 
  1.12  ANIMALS, ORGANISMS, OR CELLS; CIVIL LIABILITY.] 
  1.13     Subdivision 1.  [LIABILITY.] No person, other than the 
  1.14  owner, may willfully and knowingly damage or destroy any field 
  1.15  crop, animal, organism, or cell that is grown for testing or 
  1.16  research purposes, in the context of a product development 
  1.17  program in conjunction or coordination with a private research 
  1.18  facility or a university or a federal, state, or local 
  1.19  government agency.  A person who violates this provision is 
  1.20  liable for three times the value of the crop, animal, organism, 
  1.21  or cell damaged or destroyed, as provided in subdivisions 2 and 
  1.22  3.  This section does not apply to crops, animals, organisms, or 
  1.23  cells damaged or destroyed by emergency vehicles and personnel 
  1.24  acting in a reasonable and prudent manner. 
  1.25     Subd. 2.  [DAMAGES; FACTORS TO CONSIDER.] In awarding 
  1.26  damages under this section, the court shall consider the market 
  1.27  value of the crop, animal, organism, or cell prior to damage or 
  2.1   destruction, and production, research, testing, replacement, and 
  2.2   development costs directly related to the crop, animal, 
  2.3   organism, or cell that has been damaged or destroyed as part of 
  2.4   the value. 
  2.5      Subd. 3.  [DAMAGES; LIMIT.] Damages available under this 
  2.6   section are limited to: 
  2.7      (1) three times the market value of the crop, animal, 
  2.8   organism, or cell prior to damage or destruction plus three 
  2.9   times the actual damages involving production, research, 
  2.10  testing, replacement, and development costs directly related to 
  2.11  the crop, animal, organism, or cell that has been damaged or 
  2.12  destroyed; and 
  2.13     (2) an amount up to $100,000 to compensate for delays in 
  2.14  completing testing or research resulting from a violation of 
  2.15  subdivision 1. 
  2.16     Sec. 2.  Minnesota Statutes 2001 Supplement, section 
  2.17  609.495, is amended by adding a subdivision to read: 
  2.18     Subd. 4.  [TAKING RESPONSIBILITY FOR CRIMINAL ACTS.] (a) 
  2.19  Unless the person is convicted of the underlying crime, a person 
  2.20  who assumes responsibility for a criminal act with the intent to 
  2.21  obstruct, impede, or prevent a criminal investigation is guilty 
  2.22  of a gross misdemeanor. 
  2.23     (b) Any person or entity who has been injured by violation 
  2.24  of this section may bring an action for three times the amount 
  2.25  of actual damages sustained by the plaintiff, costs of suit, and 
  2.26  reasonable attorney fees. 
  2.27     (c) Nothing in this subdivision shall be construed to 
  2.28  impair the right of any individual or group to engage in speech 
  2.29  protected by the United States Constitution or the Minnesota 
  2.30  Constitution. 
  2.31     Sec. 3.  [EFFECTIVE DATE.] 
  2.32     Section 1 is effective July 1, 2002, and applies to causes 
  2.33  of action arising on or after that date.  Section 2 is effective 
  2.34  August 1, 2002, and applies to crimes committed on or after that 
  2.35  date.