Minnesota Legislature
HF 4321
as introduced - 93rd Legislature (2023 - 2024) Posted on 02/26/2024 02:21pm
Bill Text Versions
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| Introduction | Posted on 02/26/2024 |
Current Version - as introduced
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A bill for an act
relating to immigration; increasing criminal penalties for human trafficking
offenses; prohibiting sanctuary cities; requiring reports; amending Minnesota
Statutes 2022, sections 171.22; 609.282, subdivision 2; 609.283, subdivision 2;
609.322, subdivision 1a; Minnesota Statutes 2023 Supplement, sections 609.282,
subdivisions 1, 1a; 609.322, subdivision 1; proposing coding for new law in
Minnesota Statutes, chapters 15; 181; 412.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
new text begin
[15.987] REPORT TO LEGISLATURE; GOVERNMENTAL
ASSISTANCE.
new text end
new text begin
A state department or agency that provides governmental assistance to individuals in
Minnesota without legal status in the state must annually report to the legislature, by
December 15, the total amount of governmental assistance provided to such individuals.
Governmental assistance includes but is not limited to goods, services, credits, and money
provided to an individual and any other expenditures or costs incurred by a state department
or agency resulting directly or indirectly from such individuals.
new text end
Sec. 2.
Minnesota Statutes 2022, section 171.22, is amended to read:
171.22 UNLAWFUL ACTS RELATING TO DRIVER'S LICENSE.
Subdivision 1.
Violations.
With regard to any driver's license, including a commercial
driver's license, it shall be unlawful for any person:
(1) to display, cause or permit to be displayed, or have in possession, any fictitious or
fraudulently altered driver's license or Minnesota identification card;
(2) to lend the person's driver's license or Minnesota identification card to any other
person or knowingly permit the use thereof by another;
(3) to display or represent as one's own any driver's license or Minnesota identification
card not issued to that person;
(4) to use a fictitious name or date of birth to any police officer or in any application for
a driver's license or Minnesota identification card, or to knowingly make a false statement,
or to knowingly conceal a material fact, or otherwise commit a fraud in any such application;
(5) to alter any driver's license or Minnesota identification card;
(6) to take any part of the driver's license examination for another or to permit another
to take the examination for that person;
(7) to make a counterfeit driver's license or Minnesota identification card;
(8) to use the name and date of birth of another person to any police officer for the
purpose of falsely identifying oneself to the police officer;
(9) to display as a valid driver's license any canceled, revoked, or suspended driver's
license. A person whose driving privileges have been withdrawn may display a driver's
license only for identification purposes; deleted text begin or
deleted text end
(10) to submit a false affidavit or statement to the department on the certification required
under section 171.05, subdivision 2, paragraph (a), clause (1), item (ii), to issue an instruction
permit to a homeschool studentnew text begin ; or
new text end
new text begin (11) to use or submit a fictitious or fraudulent driver's license or Minnesota identification
card, or use a driver's license or Minnesota identification card not issued to that person as
one's own for purposes of verifying one's lawful employment statusnew text end .
Subd. 2.
Penalties.
new text begin
(a) Any person who violates subdivision 1, clause (11), is guilty of
a felony and may be sentenced to imprisonment for not more than two years or to payment
of a fine of not more than $5,000, or both.
new text end
new text begin (b) new text end Any person who violates subdivision 1, clause (7) or (8), is guilty of a gross
misdemeanor. Any person who violates any other provision of subdivision 1 is guilty of a
misdemeanor.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2024, and applies to crimes
committed on or after that date.
new text end
Sec. 3.
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[181.995] EMPLOYMENT OF UNAUTHORIZED INDIVIDUALS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the terms defined in this
subdivision have the meanings given.
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new text begin
(b) "Commissioner" means the commissioner of labor and industry.
new text end
new text begin
(c) "Employee" means a person who performs services for hire in Minnesota for an
employer. Employee does not include an independent contractor.
new text end
new text begin
(d) "Employer" means a person or entity that employs one or more employees in
Minnesota and includes the state and any political subdivision of the state.
new text end
new text begin
(e) "License" means any permit, registration, certification, or other form of approval
authorized by statute or rule to be issued by the state or a political subdivision of the state
as a condition of doing business in Minnesota.
new text end
new text begin
(f) "Unauthorized individual" means an individual who does not have the legal right or
authorization under federal law to work in the United States as described in United States
Code, title 8, section 1324a(h)(3).
new text end
new text begin Subd. 2. new text end
new text begin Prohibition. new text end
new text begin
No employer shall knowingly employ an unauthorized individual
as an employee.
new text end
new text begin Subd. 3. new text end
new text begin Investigations. new text end
new text begin
The commissioner shall investigate possible violations of this
section whenever the commissioner has cause to believe that a violation has occurred, either
on the basis of a report of a suspected violation or on the basis of any other credible
information, including violations found during the course of an investigation.
new text end
new text begin Subd. 4. new text end
new text begin Enforcement; penalty. new text end
new text begin
(a) Upon a violation of this section, the commissioner
shall:
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new text begin
(1) order the employer to terminate the employment of all unauthorized individuals; and
new text end
new text begin
(2) direct the applicable agencies to suspend all licenses held by the employer for up to
14 business days.
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new text begin
(b) The commissioner may issue a penalty to the employer of not less than $1,000 and
not more than $10,000 per violation of this section.
new text end
new text begin
(c) In determining the length of a license suspension and the amount of any penalty, the
commissioner shall consider any prior misconduct by the employer, the duration of the
violation, the number of unauthorized individuals employed by the employer, and other
relevant factors.
new text end
new text begin
(d) For the purposes of this section, proof of verifying the employment authorization of
an employee through the e-verify program creates a rebuttable presumption that an employer
did not knowingly employ an unauthorized individual.
new text end
Sec. 4.
new text begin
[412.926] SANCTUARY CITY PROHIBITION.
new text end
new text begin Subdivision 1. new text end
new text begin Definition of sanctuary city. new text end
new text begin
For purposes of this section "sanctuary
city" means a home rule charter or statutory city that prohibits, or in any way restricts, a
public safety official or employee from:
new text end
new text begin
(1) inquiring about a person's citizenship or immigration status;
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new text begin
(2) lawfully cooperating with or aiding federal officials or employees charged with
enforcing immigration laws;
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new text begin
(3) providing or receiving information from federal officials or employees charged with
enforcing immigration laws;
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new text begin
(4) maintaining citizenship and immigration status data; or
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new text begin
(5) exchanging citizenship and immigration status data with other federal, state, or local
government entities.
new text end
new text begin Subd. 2. new text end
new text begin Prohibition. new text end
new text begin
A home rule charter or statutory city shall not enforce an existing
ordinance or policy or pass an ordinance or policy that establishes a sanctuary city.
new text end
Sec. 5.
Minnesota Statutes 2023 Supplement, section 609.282, subdivision 1, is amended
to read:
Subdivision 1.
Labor trafficking resulting in death.
Whoever knowingly engages in
the labor trafficking of an individual is guilty of a crime and may be sentenced to
imprisonment for not more than deleted text begin 25deleted text end new text begin 30new text end years or to payment of a fine of not more than deleted text begin $40,000deleted text end new text begin
$60,000new text end , or both if the labor trafficking victim dies and the death was proximately caused
by the labor trafficking conduct of the offender and murder in the first or second degree
was not committed thereby.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2024, and applies to crimes
committed on or after that date.
new text end
Sec. 6.
Minnesota Statutes 2023 Supplement, section 609.282, subdivision 1a, is amended
to read:
Subd. 1a.
Individuals under age 18; extended period of time; great bodily
harm.
Whoever knowingly engages in the labor trafficking of an individual is guilty of a
crime and may be sentenced to imprisonment for not more than deleted text begin 20deleted text end new text begin 25new text end years or to a payment
of a fine of not more than deleted text begin $40,000deleted text end new text begin $50,000new text end , or both if any of the following circumstances
exist:
(1) the labor trafficking victim is under the age of 18;
(2) the labor trafficking occurs over an extended period of time; or
(3) the labor trafficking victim suffers great bodily harm and the harm was proximately
caused by the labor trafficking conduct of the offender.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2024, and applies to crimes
committed on or after that date.
new text end
Sec. 7.
Minnesota Statutes 2022, section 609.282, subdivision 2, is amended to read:
Subd. 2.
Other offenses.
Whoever knowingly engages in the labor trafficking of another
is guilty of a crime and may be sentenced to imprisonment for not more than deleted text begin 15deleted text end new text begin 20new text end years
or to payment of a fine of not more than deleted text begin $30,000deleted text end new text begin $40,000new text end , or both.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2024, and applies to crimes
committed on or after that date.
new text end
Sec. 8.
Minnesota Statutes 2022, section 609.283, subdivision 2, is amended to read:
Subd. 2.
Penalties.
A person who violates subdivision 1 may be sentenced as follows:
(1) if the crime involves a victim under the age of 18, to imprisonment for not more than
deleted text begin tendeleted text end new text begin 15new text end years or to payment of a fine of deleted text begin $20,000deleted text end new text begin $30,000new text end , or both; or
(2) in other cases, to imprisonment for not more than deleted text begin fivedeleted text end new text begin tennew text end years or to payment of a
fine of not more than deleted text begin $10,000deleted text end new text begin $20,000new text end , or both.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2024, and applies to crimes
committed on or after that date.
new text end
Sec. 9.
Minnesota Statutes 2023 Supplement, section 609.322, subdivision 1, is amended
to read:
Subdivision 1.
Solicitation, inducement, and promotion of prostitution; sex trafficking
in the first degree.
(a) Whoever, while acting other than as a prostitute or patron,
intentionally does any of the following may be sentenced to imprisonment for not more
than deleted text begin 25deleted text end new text begin 30new text end years or to payment of a fine of not more than deleted text begin $50,000deleted text end new text begin $60,000new text end , or both:
(1) solicits or induces an individual under the age of 18 years to practice prostitution;
(2) promotes the prostitution of an individual under the age of 18 years;
(3) receives profit, knowing or having reason to know that it is derived from the
prostitution, or the promotion of the prostitution, of an individual under the age of 18 years;
or
(4) engages in the sex trafficking of an individual under the age of 18 years.
(b) Whoever violates paragraph (a) or subdivision 1a may be sentenced to imprisonment
for not more than deleted text begin 30deleted text end new text begin 35new text end years or to payment of a fine of not more than deleted text begin $60,000deleted text end new text begin $70,000new text end ,
or both, if one or more of the following aggravating factors are present:
(1) the offender has committed a prior qualified human trafficking-related offense;
(2) the offense involved a sex trafficking victim who suffered bodily harm during the
commission of the offense;
(3) the time period that a sex trafficking victim was held in debt bondage or forced or
coerced labor or services exceeded 180 days; or
(4) the offense involved more than one sex trafficking victim.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2024, and applies to crimes
committed on or after that date.
new text end
Sec. 10.
Minnesota Statutes 2022, section 609.322, subdivision 1a, is amended to read:
Subd. 1a.
Solicitation, inducement, and promotion of prostitution; sex trafficking
in the second degree.
Whoever, while acting other than as a prostitute or patron, intentionally
does any of the following may be sentenced to imprisonment for not more than deleted text begin 20deleted text end new text begin 25new text end years
or to payment of a fine of not more than deleted text begin $40,000deleted text end new text begin $50,000new text end , or both:
(1) solicits or induces an individual to practice prostitution;
(2) promotes the prostitution of an individual;
(3) receives profit, knowing or having reason to know that it is derived from the
prostitution, or the promotion of the prostitution, of an individual; or
(4) engages in the sex trafficking of an individual.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2024, and applies to crimes
committed on or after that date.
new text end