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HF 470

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 03/14/2017 10:11am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public safety; creating the crime of tampering with a public safety motor
vehicle; establishing criminal penalties; proposing coding for new law in Minnesota
Statutes, chapter 609.

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

Section 1.

new text begin [609.547] PUBLIC SAFETY MOTOR VEHICLE TAMPERING.
new text end

new text begin Subdivision 1. new text end

new text begin Offenses. new text end

new text begin (a) Whoever intentionally damages or tampers with a public
safety motor vehicle is guilty of a felony and may be sentenced as provided in subdivision
2.
new text end

new text begin (b) Whoever intentionally damages or tampers with a motor vehicle owned by a public
safety officer because the motor vehicle belongs to a public safety officer is guilty of a crime
and may be sentenced as provided in subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Penalties. new text end

new text begin (a) Except as provided in paragraph (c), a person who violates
subdivision 1, paragraph (a), may be sentenced to imprisonment for not more than five years
or to payment of a fine of not more than $10,000, or both.
new text end

new text begin (b) Except as provided in paragraph (c), a person who violates subdivision 1, paragraph
(b), may be sentenced:
new text end

new text begin (1) to a gross misdemeanor if the violation reduces the value of the property by not more
than $500; or
new text end

new text begin (2) to imprisonment for not more than two years or to payment of a fine of not more
than $5,000, or both, if the violation:
new text end

new text begin (i) reduces the value of the property by more than $500 but not more than $1,000 as
measured by the cost of repair and replacement; or
new text end

new text begin (ii) creates a reasonably foreseeable risk of bodily harm but does not otherwise damage
the vehicle.
new text end

new text begin (c) A person who violates subdivision 1, paragraph (a) or (b), and the violation causes
a substantial interruption or impairment of a service rendered by the public safety agency
that owns the motor vehicle or employs the officer who owns the motor vehicle may be
sentenced to imprisonment for not more than ten years or to payment of a fine of not more
than $20,000, or both.
new text end

new text begin Subd. 3. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms have the meanings
given.
new text end

new text begin (b) "Public safety motor vehicle" includes:
new text end

new text begin (1) police patrols, including specially marked vehicles permitted under section 169.98,
subdivision 2a, owned or leased by the state or a political subdivision;
new text end

new text begin (2) fire apparatuses, including fire-suppression support vehicles, owned or leased by the
state or a political subdivision;
new text end

new text begin (3) ambulances owned or leased by the state or a political subdivision;
new text end

new text begin (4) vehicles owned by ambulance services licensed under section 144E.10 that are
equipped and specifically intended for emergency response or providing ambulance services;
and
new text end

new text begin (5) marked vehicles used by conservation officers of the Division of Enforcement and
Field Service of the Department of Natural Resources.
new text end

new text begin (c) "Public safety officer" includes:
new text end

new text begin (1) a peace officer as defined in section 626.84, subdivision 1, paragraph (c) or (d);
new text end

new text begin (2) an individual employed on a full-time basis by the state or by a fire department of a
governmental subdivision of the state, who is engaged in any of the following duties:
new text end

new text begin (i) firefighting;
new text end

new text begin (ii) emergency motor vehicle operation;
new text end

new text begin (iii) the provision of emergency medical services; or
new text end

new text begin (iv) hazardous material response;
new text end

new text begin (3) a legally enrolled member of a volunteer fire department or member of an independent
nonprofit firefighting corporation who is engaged in the hazards of firefighting; and
new text end

new text begin (4) a first responder who is certified by the emergency medical services regulatory board
to perform basic emergency skills before the arrival of a licensed ambulance service and
who is a member of an organized service recognized by a local political subdivision to
respond to medical emergencies to provide initial medical care before the arrival of an
ambulance.
new text end