Minnesota Legislature
HF 821
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
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A bill for an act
relating to crimes; adjusting the monetary thresholds for certain property
offenses; amending Minnesota Statutes 2006, sections 609.52, subdivision 3;
609.535, subdivision 2a; 609.595, subdivisions 1, 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, section 609.52, subdivision 3, is amended to read:
Subd. 3.
Sentence.
Whoever commits theft may be sentenced as follows:
(1) to imprisonment for not more than 20 years or to payment of a fine of not more
than $100,000, or both, if the property is a firearm, or the value of the property or services
stolen is more than $35,000 and the conviction is for a violation of subdivision 2, clause
(3), (4), (15), or (16); or
(2) to imprisonment for not more than ten years or to payment of a fine of not more
than $20,000, or both, if the value of the property or services stolen exceeds deleted text begin $2,500deleted text end new text begin
$5,000new text end , or if the property stolen was an article representing a trade secret, an explosive or
incendiary device, or a controlled substance listed in schedule I or II pursuant to section
152.02 with the exception of marijuana; or
(3) to imprisonment for not more than five years or to payment of a fine of not
more than $10,000, or both, if:
(a) the value of the property or services stolen is more than deleted text begin $500deleted text end new text begin $1,000new text end but not
more than deleted text begin $2,500deleted text end new text begin $5,000new text end ; or
(b) the property stolen was a controlled substance listed in schedule III, IV, or V
pursuant to section 152.02; or
(c) the value of the property or services stolen is more than deleted text begin $250deleted text end new text begin $500new text end but not more
than deleted text begin $500deleted text end new text begin $1,000new text end and the person has been convicted within the preceding five years for an
offense under this section, section 256.98; 268.182; 609.24; 609.245; 609.53; 609.582,
subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or 609.821, or a statute from another
state, the United States, or a foreign jurisdiction, in conformity with any of those sections,
and the person received a felony or gross misdemeanor sentence for the offense, or a
sentence that was stayed under section 609.135 if the offense to which a plea was entered
would allow imposition of a felony or gross misdemeanor sentence; or
(d) the value of the property or services stolen is not more than deleted text begin $500deleted text end new text begin $1,000new text end , and
any of the following circumstances exist:
(i) the property is taken from the person of another or from a corpse, or grave or
coffin containing a corpse; or
(ii) the property is a record of a court or officer, or a writing, instrument or record
kept, filed or deposited according to law with or in the keeping of any public officer or
office; or
(iii) the property is taken from a burning, abandoned, or vacant building or upon its
removal therefrom, or from an area of destruction caused by civil disaster, riot, bombing,
or the proximity of battle; or
(iv) the property consists of public funds belonging to the state or to any political
subdivision or agency thereof; or
(v) the property stolen is a motor vehicle; or
(4) to imprisonment for not more than one year or to payment of a fine of not more
than $3,000, or both, if the value of the property or services stolen is more than deleted text begin $250deleted text end new text begin $500new text end
but not more than deleted text begin $500deleted text end new text begin $1,000new text end ; or
(5) in all other cases where the value of the property or services stolen is deleted text begin $250deleted text end new text begin
$500new text end or less, to imprisonment for not more than 90 days or to payment of a fine of not
more than $1,000, or both, provided, however, in any prosecution under subdivision 2,
clauses (1), (2), (3), (4), and (13), the value of the money or property or services received
by the defendant in violation of any one or more of the above provisions within any
six-month period may be aggregated and the defendant charged accordingly in applying
the provisions of this subdivision; 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.
Sec. 2.
Minnesota Statutes 2006, section 609.535, subdivision 2a, is amended to read:
Subd. 2a.
Penalties.
(a) A person who is convicted of issuing a dishonored check
under subdivision 2 may be sentenced as follows:
(1) to imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both, if the value of the dishonored check, or checks aggregated under
paragraph (b), is more than deleted text begin $500deleted text end new text begin $1,000new text end ;
(2) to imprisonment for not more than one year or to payment of a fine of not more
than $3,000, or both, if the value of the dishonored check, or checks aggregated under
paragraph (b), is more than deleted text begin $250deleted text end new text begin $500new text end but not more than deleted text begin $500deleted text end new text begin $1,000new text end ; or
(3) to imprisonment for not more than 90 days or to payment of a fine of not more
than $1,000, or both, if the value of the dishonored check, or checks aggregated under
paragraph (b), is not more than deleted text begin $250deleted text end new text begin $500new text end .
(b) In a prosecution under this subdivision, the value of dishonored checks issued
by the defendant in violation of this subdivision 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 dishonored checks was issued for all
of the offenses aggregated under this paragraph.
Sec. 3.
Minnesota Statutes 2006, 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) the property damaged belongs to a common carrier and the damage impairs the
service to the public rendered by the carrier; or
(3) the damage reduces the value of the property by more than deleted text begin $500deleted text end new text begin $1,000new text end measured
by the cost of repair and replacement; or
(4) the damage reduces the value of the property by more than deleted text begin $250deleted text end new text begin $500new text end 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 (3), 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.
Sec. 4.
Minnesota Statutes 2006, 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, if the damage reduces the value of the property by more than deleted text begin $250deleted text end new text begin $500new text end but not
more than deleted text begin $500deleted text end new text begin $1,000new text end as measured by the cost of repair and replacement.
(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 deleted text begin $250deleted text end new text begin $500new text end .
(c) In any prosecution under paragraph (a), 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.