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Minnesota Legislature

Office of the Revisor of Statutes

HF 628

as introduced - 87th Legislature (2011 - 2012) Posted on 02/21/2011 10:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public safety; providing penalties for employers hiring illegal
immigrants; adding documents that are included in the crime of aggravated
forgery; increasing penalty for aggravated forgery; establishing sex trafficking
as a separate crime from the promotion of prostitution; amending Minnesota
Statutes 2010, sections 609.281, subdivision 4, by adding subdivisions; 609.282,
subdivisions 1, 2; 609.321, subdivision 7a; 609.625, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapter 181.

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

Section 1.

new text begin [181.982] EMPLOYER VIOLATION OF FEDERAL IMMIGRATION
LAW.
new text end

new text begin Subdivision 1. new text end

new text begin Sanctions against a licensed entity. new text end

new text begin A state agency that licenses
a Minnesota employer may impose a fine or penalty authorized under the licensing
law if the employer has been found to have knowingly hired an illegal immigrant for
employment in Minnesota. In taking action against the employer under this section, the
agency shall use the existing laws and procedures that govern the agency's authority to
take action against the employer. The commissioner of the Department of Labor and
Industry shall coordinate the enforcement of this section by state agencies. The penalty
under this section is as follows:
new text end

new text begin (1) for a first occurrence, $250 to $2,000;
new text end

new text begin (2) for a second occurrence, $2,000 to $3,000; and
new text end

new text begin (3) for a third or subsequent occurrence, $3,000 to $5,000.
new text end

new text begin Subd. 2. new text end

new text begin Violations established. new text end

new text begin This section applies to cases in which an
employer has been found to have knowingly hired an illegal immigrant for employment
in Minnesota pursuant to:
new text end

new text begin (1) a final order or fine issued by the United States Immigration and Customs
Enforcement Office;
new text end

new text begin (2) a final order following a hearing conducted by the Office of the Chief
Administrative Hearing Officer, Executive Office for Immigration Review, United States
Department of Justice; or
new text end

new text begin (3) a criminal conviction or settlement.
new text end

new text begin Subd. 3. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following terms have the
meanings given them:
new text end

new text begin (1) "employer" means any person having one or more employees in Minnesota;
new text end

new text begin (2) "license" includes a certification, registration, permit, or other authorization
required for a business or employer to operate in Minnesota;
new text end

new text begin (3) "person" includes any individual, limited liability company, corporation,
partnership, incorporated or unincorporated association, sole proprietorship, joint stock
company, or any other legal or commercial entity; and
new text end

new text begin (4) "state agency" means the state, and any office, officer, department, division,
bureau, board, commissioner, authority, district, or agency of the state, including the
University of Minnesota and the Minnesota State Colleges and Universities system.
new text end

new text begin Subd. 4. new text end

new text begin Exception. new text end

new text begin The commissioner may not fine an employer who is actively
cooperating with and using the United States Immigration and Customs Enforcement
Agency to screen workers.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to
incidents occurring on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2010, section 609.281, subdivision 4, is amended to read:


Subd. 4.

new text beginForced; new text endforced labor or services.

new text begin"Forced" or new text end"forced labor or services"
means labor or services that are performed or provided by another person and are obtained
or maintained through an actor's:

(1) threat, either implicit or explicit, scheme, plan, or pattern, or other action
intended to cause a person to believe that, if the person did not perform or provide the labor
or services, that person or another person would suffer bodily harm or physical restraint;

(2) physically restraining or threatening to physically restrain a person;

(3) abuse or threatened abuse of the legal process;

(4) knowingly destroying, concealing, removing, confiscating, or possessing any
actual or purported passport or other immigration document, or any other actual or
purported government identification document, of another person; or

(5) use of blackmail.

Sec. 3.

Minnesota Statutes 2010, section 609.281, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Nudity. new text end

new text begin "Nudity" has the meaning given in section 617.292, subdivision 3.
new text end

Sec. 4.

Minnesota Statutes 2010, section 609.281, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin Performance. new text end

new text begin "Performance" has the meaning given in section 617.241,
subdivision 1, paragraph (f).
new text end

Sec. 5.

Minnesota Statutes 2010, section 609.281, is amended by adding a subdivision
to read:


new text begin Subd. 11. new text end

new text begin Sexual performance. new text end

new text begin "Sexual performance" means any play, dance, or
other exhibition presented before an audience or for purposes of visual or mechanical
reproduction that uses a person to depict actual or simulated sexual conduct defined in
section 617.241, subdivision 1, paragraph (b).
new text end

Sec. 6.

Minnesota Statutes 2010, section 609.282, subdivision 1, is amended to read:


Subdivision 1.

Individuals under age 18.

Whoever knowingly engages in the labor
new text begin or sex new text endtrafficking of an individual who is under the age of 18 is guilty of a crime and
may be sentenced to imprisonment for not more than 20 years or to payment of a fine of
not more than $40,000, or both.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to crimes
committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2010, section 609.282, subdivision 2, is amended to read:


Subd. 2.

Other offenses.

Whoever knowingly engages in the labornew text begin or sex new text end trafficking
of another is guilty of a crime and may be sentenced to imprisonment for not more than 15
years or to payment of a fine of not more than $30,000, or both.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to crimes
committed on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2010, section 609.321, subdivision 7a, is amended to read:


Subd. 7a.

Sex trafficking.

"Sex trafficking" means:

(1) receiving, recruiting, enticing, harboring, providing, or obtaining by any means
an individual to aid in thenew text begin:
new text end

new text begin (i)new text end prostitution of the individual;

new text begin (ii) forced sexual performance by the individual; or
new text end

new text begin (iii) forced performance involving nudity by the individual;new text end or

(2) receiving profit or anything of value, knowing or having reason to know it is
derived from an act described in clause (1).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to crimes
committed on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2010, section 609.625, subdivision 1, is amended to read:


Subdivision 1.

Making or altering writing or object.

Whoever, with intent to
defraud, falsely makes or alters a writing or object of any of the following kinds so that it
purports to have been made by another or by the maker or alterer under an assumed or
fictitious name, or at another time, or with different provisions, or by authority of one
who did not give such authority, is guilty of aggravated forgery and may be sentenced
to imprisonment for not more than deleted text begintendeleted text endnew text begin 20new text end years or to payment of a fine of not more than
deleted text begin $20,000deleted text endnew text begin $40,000new text end, or both:

(1) a writing or object whereby, when genuine, legal rights, privileges, or obligations
are created, terminated, transferred, or evidenced, or any writing normally relied upon as
evidence of debt or property rights, other than a check as defined in section 609.631 or a
financial transaction card as defined in section 609.821; or

(2) an official seal or the seal of a corporation; or

(3) a public record or an official authentication or certification of a copy thereof; or

(4) an official return or certificate entitled to be received as evidence of its contents;
or

(5) a court order, judgment, decree, or process; or

(6) the records or accounts of a public body, office, or officer; deleted text beginor
deleted text end

(7) the records or accounts of a bank or person, with whom funds of the state or any
of its agencies or subdivisions are deposited or entrusted, relating to such fundsnew text begin;
new text end

new text begin (8) an unexpired or expired United States passport;
new text end

new text begin (9) a driver's license;
new text end

new text begin (10) an identification card issued by federal, state, or local agencies or entities,
provided it contains a photograph or information, such as name, date of birth, gender,
height, eye color, and address;
new text end

new text begin (11) a school identification card with a photograph;
new text end

new text begin (12) a voter registration card;
new text end

new text begin (13) a United States military identification card or draft record;
new text end

new text begin (14) a Native American tribal document;
new text end

new text begin (15) a Social Security card issued by the United States Social Security
Administration;
new text end

new text begin (16) a Consular Report of Birth Abroad of a Citizen of the United States of America;
new text end

new text begin (17) United States Citizen Identification Card; or
new text end

new text begin (18) an identification card for use of resident citizen in the United Statesnew text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to crimes
committed on or after that date.
new text end

Sec. 10. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin In Minnesota Statutes, the revisor of statutes shall renumber section 609.321,
subdivision 7a, as section 609.281, subdivision 9, and section 609.321, subdivision 7b,
as section 609.281, subdivision 10, and correct any cross-references resulting from the
renumbering.
new text end