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HF 470

2nd Engrossment - 90th Legislature (2017 - 2018) Posted on 05/18/2017 03:04pm

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; amending Minnesota Statutes 2016, section
609.595, subdivisions 1, 2, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2016, section 609.595, subdivision 1, is amended to read:


Subdivision 1.

Criminal damage to property in the first degree.

Whoever intentionally
causes damage to physical property of another without the latter's consent 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, if:

(1) the damage to the property caused a reasonably foreseeable risk of bodily harm; or

(2) new text begin the property damaged was a public safety motor vehicle, the defendant knew or
should have known the vehicle was a public safety motor vehicle, and the damage to the
vehicle caused a substantial interruption or impairment of public safety service or a
reasonably foreseeable risk of bodily harm; or
new text end

new text begin (3) new text end the property damaged belongs to a common carrier and the damage impairs the
service to the public rendered by the carrier; or

deleted text begin (3)deleted text end new text begin (4) new text end the damage reduces the value of the property by more than $1,000 measured by
the cost of repair and replacement; or

deleted text begin (4)deleted text end new text begin (5) new text end the damage reduces the value of the property by more than $500 measured by
the cost of repair and replacement and the defendant has been convicted within the preceding
three years of an offense under this subdivision or subdivision 2.

In any prosecution under clause deleted text begin (3)deleted text end new text begin (4)new text end , the value of any property damaged by the
defendant in violation of that clause within any six-month period may be aggregated and
the defendant charged accordingly in applying the provisions of this section; provided that
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 offenses was committed for
all of the offenses aggregated under this paragraph.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2016, section 609.595, subdivision 2, is amended to read:


Subd. 2.

Criminal damage to property in the third degree.

(a) Except as otherwise
provided in subdivision 1a, whoever intentionally causes damage to another person's physical
property without the other person's consent may be sentenced to imprisonment for not more
than one year or to payment of a fine of not more than $3,000, or both, ifnew text begin :
new text end

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

new text begin (2) the damage was to a public safety motor vehicle and the defendant knew or should
have known the vehicle was a public safety motor vehicle
new text end .

(b) Whoever intentionally causes damage to another person's physical property without
the other person's consent because of the property owner's or another's actual or perceived
race, color, religion, sex, sexual orientation, disability as defined in section 363A.03, age,
or national origin may be sentenced to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both, if the damage reduces the value of the
property by not more than $500.

(c) In any prosecution under paragraph (a), new text begin clause (1), new text end the value of property damaged
by the defendant in violation of that paragraph within any six-month period may be
aggregated and the defendant charged accordingly in applying 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 offenses was committed for all of the
offenses aggregated under this paragraph.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2016, section 609.595, is amended by adding a subdivision to
read:


new text begin Subd. 4. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, "public safety motor vehicle" includes:
new text end

new text begin (1) marked vehicles used by law enforcement agencies and 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 (b) As used in subdivision 1, clause (2), and subdivision 2, paragraph (a), clause (2),
"damage" includes tampering with a public safety motor vehicle and acts that obstruct or
interfere with the vehicle's use.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017, and applies to crimes
committed on or after that date.
new text end