as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
A bill for an act
relating to crimes; prohibiting falsely reporting
police misconduct; providing penalties; amending
Minnesota Statutes 2004, section 609.505.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2004, section 609.505, is
amended to read:
Whoever informs a law
enforcement officer that a crime has been committed new text begin or otherwise
provides false information to an on-duty peace officer regarding
the conduct of othersnew text end , knowing that it is false and intending
that the officer shall act in reliance upon it, is guilty of a
misdemeanor. A person who is convicted a second or subsequent
time under this section is guilty of a gross misdemeanor.
new text begin
(a) Whoever
informs, or causes information to be communicated to, a public
official, as defined in section 609.415, subdivision 1, or an
employee thereof, whose responsibilities include investigating
or reporting police misconduct, that a peace officer, as defined
in section 626.84, subdivision 1, paragraph (c), has committed
an act of police misconduct, knowing that the information is
false, is guilty of a crime and may be sentenced as follows:
new text end
new text begin
(1) up to the maximum provided for a misdemeanor if the
false information does not allege a criminal act; or
new text end
new text begin
(2) up to the maximum provided for a gross misdemeanor if
the false information alleges a criminal act.
new text end
new text begin
(b) The court shall order any person convicted of a
violation of this subdivision to make full restitution of all
reasonable expenses incurred in the investigation of the false
allegation unless the court makes a specific written finding
that restitution would be inappropriate under the circumstances.
new text end
new text begin
Section 1 is effective August 1, 2005, and applies to
crimes committed on or after that date.
new text end