HF 3506

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; modifying the career offender sentencing law;
establishing the crime of counterfeiting federal currency; updating the definition
of federal law enforcement officer; imposing criminal penalties; amending
Minnesota Statutes 2004, section 626.77, subdivision 3; Minnesota Statutes
2005 Supplement, section 609.1095, subdivision 4; proposing coding for new
law in Minnesota Statutes, chapter 609.

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

Section 1.

Minnesota Statutes 2005 Supplement, section 609.1095, subdivision 4,
is amended to read:

Subd. 4.

Increased sentence for offender who commits a sixth felony.

Whenever
a person is convicted of a felony, and the judge is imposing an executed sentence based
on a Sentencing Guidelines presumptive imprisonment sentence, the judge may impose
an aggravated durational departure from the presumptive sentence up to the statutory
maximum sentence if the factfinder determines that the offender has five or more prior
felony convictions deleted text begin and that the present offense is a felony that was committed as part
of a pattern of criminal conduct deleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

new text begin [609.632] COUNTERFEITING OF CURRENCY.
new text end

new text begin Subdivision 1. new text end

new text begin Manufacturing; printing. new text end

new text begin Whoever, with the intent to defraud,
falsely makes, alters, prints, scans, images, or copies any United States Postal money
order, United States currency, Federal Reserve note, or other obligation or security of the
United States so that it purports to be genuine or has different terms or provisions than that
of the United States Postal Service or United States Treasury is guilty of counterfeiting
and may be sentenced as provided in subdivision 4.
new text end

new text begin Subd. 2. new text end

new text begin Means for false reproduction. new text end

new text begin Whoever, with intent to defraud, makes,
engraves, possesses, or transfers a plate or instrument, computer, printer, camera, software,
paper, cloth, fabric, ink, or other material for the false reproduction of any United States
Postal money order, United States currency, Federal Reserve note, or other obligation or
security of the United States is guilty of counterfeiting and may be sentenced as provided
in subdivision 4.
new text end

new text begin Subd. 3. new text end

new text begin Uttering or possessing. new text end

new text begin Whoever, with intent to defraud, utters or
possesses with intent to utter any counterfeit United States Postal money order, United
States currency, Federal Reserve note, or other obligation or security of the United States,
having reason to know that the money order, currency, note, or obligation or security is
forged, counterfeited, falsely made, altered, or printed, is guilty of offering counterfeited
currency and may be sentenced as provided in subdivision 4.
new text end

new text begin Subd. 4. new text end

new text begin Penalty. new text end

new text begin (a) A person who is convicted of violating subdivision 1 or 2
may be sentenced to imprisonment for not more than 20 years or to payment of a fine of
not more than $100,000, or both.
new text end

new text begin (b) A person who is convicted of violating subdivision 3 may be sentenced as
follows:
new text end

new text begin (1) to imprisonment for not more than 20 years or to payment of a fine of not more
than $100,000, or both, if the counterfeited item is used to obtain or in an attempt to obtain
property or services having a value of more than $35,000, or the aggregate face value of
the counterfeited item is more than $35,000;
new text end

new text begin (2) to imprisonment for not more than ten years or to payment of a fine of not more
than $20,000, or both, if the counterfeited item is used to obtain or in an attempt to obtain
property or services having a value of more than $2,500, or the aggregate face value of the
counterfeited item is more than $2,500;
new text end

new text begin (3) to imprisonment for not more than five years or to payment of a fine of not
more than $10,000, or both, if:
new text end

new text begin (i) the counterfeited item is used to obtain or in an attempt to obtain property or
services having a value of more than $250, or the aggregate face value of the counterfeited
item is more than $250; or
new text end

new text begin (ii) the counterfeited item is used to obtain or in an attempt to obtain property
or services having a value of no more than $250, or the aggregate face value of the
counterfeited item is no more than $250, and the person has been convicted within the
preceding five years for an offense under this section, section 609.24; 609.245; 609.52;
609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; or 609.821, or a statute from
another state or the United States in conformity with any of those sections, and the person
received a felony or gross misdemeanor sentence for the offense, or a sentence that was
stayed under section 609.135 if the offense to which a plea was entered would allow the
imposition of a felony or gross misdemeanor sentence; or
new text end

new text begin (4) to imprisonment for not more than one year or to payment of a fine of not more
than $3,000, or both, if the counterfeited item is used to obtain or in an attempt to obtain
property or services having a value of no more than $250, or the aggregate face value of
the counterfeited item is no more than $250.
new text end

new text begin Subd. 5. new text end

new text begin Aggregation; venue. new text end

new text begin In any prosecution under this section, the value of the
counterfeited United States Postal money orders, United States currency, Federal Reserve
notes, or other obligations or securities of the United States, offered by the defendant in
violation of this section within any six-month period may be aggregated and the defendant
charged accordingly in applying the provisions of this section. When two or more offenses
are committed by the same person in two or more counties, the accused may be prosecuted
in any county in which one of the counterfeited items was forged, offered, or possessed,
for all of the offenses aggregated under this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2004, section 626.77, subdivision 3, is amended to read:

Subd. 3.

Definition.

As used in this section, "federal law enforcement officer"
means an officer or employee whether employed inside or outside the state of the Federal
Bureau of Investigation, the Drug Enforcement Administration, the United States Marshal
Service, the Secret Service, the Bureau of Alcohol, Tobacco, and Firearms, deleted text begin or the
Immigration and Naturalization Service, deleted text end new text begin the Department of Homeland Security, or the
United States Postal Inspection Service, or their successor agencies, new text end who is responsible for
the prevention or detection of crimes or for the enforcement of the United States Code and
who is authorized to arrest, with or without a warrant, any individual for a violation of
the United States Code.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006.
new text end