HF 621

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; adding flammable and 
  1.3             combustible gas to an arson definition; prohibiting 
  1.4             plea agreements that reduce an arson in the first 
  1.5             degree charge when an automated sprinkler system has 
  1.6             limited damage; providing penalties for juveniles who 
  1.7             possess or use butane lighters in educational or 
  1.8             public assembly occupancies and who use such lighters 
  1.9             to ignite fireballs that endanger persons or property; 
  1.10            amending Minnesota Statutes 1998, sections 609.561, 
  1.11            subdivision 3; 609.5631, by adding a subdivision; and 
  1.12            609.5632. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 1998, section 609.561, 
  1.15  subdivision 3, is amended to read: 
  1.16     Subd. 3.  Whoever unlawfully by means of fire or 
  1.17  explosives, intentionally destroys or damages any building not 
  1.18  included in subdivision 1, whether the property of the actor or 
  1.19  another, commits arson in the first degree if a combustible or 
  1.20  flammable liquid is used to start or accelerate the fire and may 
  1.21  be sentenced to imprisonment for not more than 20 years or a 
  1.22  fine of not more than $20,000, or both. 
  1.23     As used in this subdivision, "flammable liquid or gas" 
  1.24  means any liquid or gas having a flash point below 100 degrees 
  1.25  Fahrenheit and having a vapor pressure not exceeding 40 pounds 
  1.26  per square inch (absolute) at 100 degrees Fahrenheit, but does 
  1.27  not include intoxicating liquor as defined in section 340A.101.  
  1.28  As used in this subdivision, "combustible liquid or gas" means a 
  1.29  liquid or gas having a flash point at or above 100 degrees 
  2.1   Fahrenheit. 
  2.2      Sec. 2.  Minnesota Statutes 1998, section 609.5631, is 
  2.3   amended by adding a subdivision to read: 
  2.4      Subd. 3.  [FIREBALL.] A juvenile under the age of 18 who is 
  2.5   found using a butane or disposable lighter to ignite a fireball 
  2.6   is guilty of a gross misdemeanor and may be sentenced to 
  2.7   imprisonment for not more than one year or to payment of a fine 
  2.8   of not more that $3,000 or both. 
  2.9      Sec. 3.  Minnesota Statutes 1998, section 609.5632, is 
  2.10  amended to read: 
  2.11     609.5632 [ARSON IN THE FIFTH DEGREE.] 
  2.12     Subdivision 1.  [BURNING REAL OR PERSONAL PROPERTY.] 
  2.13  Whoever intentionally by means of fire or explosives sets fire 
  2.14  to or burns or causes to be burned any real or personal property 
  2.15  of value is guilty of a misdemeanor and may be sentenced to 
  2.16  imprisonment for not more than 90 days or to payment of a fine 
  2.17  of not more than $700, or both. 
  2.18     Subd. 2.  [LIGHTER FIREBALLS.] A juvenile under the age of 
  2.19  18 who is found in possession of or using a butane or disposable 
  2.20  lighter in an educational or public assembly occupancy is guilty 
  2.21  of a misdemeanor and may be sentenced to imprisonment for not 
  2.22  more than 90 days or to payment of a fine of not more than $700, 
  2.23  or both. 
  2.24     Sec. 4.  [ARSON; SPRINKLER SYSTEM SUPPRESSION; PROHIBITING 
  2.25  PLEA AGREEMENTS.] 
  2.26     The prosecuting attorney must not enter into a plea 
  2.27  agreement with a defendant that reduces a charge of arson in the 
  2.28  first degree to arson in the second, third, or fourth degree 
  2.29  when an automated sprinkler suppression system was activated to 
  2.30  control the fire alleged to have been set by the defendant and 
  2.31  thereby reduced, limited, or negated fire damage. 
  2.32     Sec. 5.  [SUPERSEDING RULE.] 
  2.33     Section 1 supersedes rule 15.07 of the Rules of Criminal 
  2.34  Procedure to the extent of any inconsistency. 
  2.35     Sec. 6.  [EFFECTIVE DATE.] 
  2.36     Sections 1 to 5 are effective August 1, 1999, and apply to 
  3.1   crimes committed on or after that date.