SF 123

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil actions; providing for recovery of 
  1.3             damages and injunctive relief for victims of bias 
  1.4             offenses; imposing parental liability; proposing 
  1.5             coding for new law in Minnesota Statutes, chapter 611A.
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [611A.78] [CIVIL DAMAGES FOR BIAS OFFENSES.] 
  1.8      Subdivision 1.  [DEFINITION.] For purposes of this section, 
  1.9   "bias offense" means conduct that would constitute a crime and 
  1.10  was committed because of the victim's or another's actual or 
  1.11  perceived race, color, religion, sex, sexual orientation, 
  1.12  disability as defined in section 363.01, age, or national origin.
  1.13     Subd. 2.  [CAUSE OF ACTION; DAMAGES AND FEES; 
  1.14  INJUNCTION.] A person who is damaged by a bias offense has a 
  1.15  civil cause of action against the person who committed the 
  1.16  offense.  The plaintiff is entitled to recover: 
  1.17     (1) the greater of $500 or actual general and special 
  1.18  damages, including damages for emotional distress; 
  1.19     (2) punitive damages; and 
  1.20     (3) reasonable costs and attorney fees. 
  1.21     A plaintiff also may obtain an injunction or other 
  1.22  appropriate relief. 
  1.23     Subd. 3.  [RELATION TO CRIMINAL PROCEEDING; BURDEN OF 
  1.24  PROOF.] A person may bring an action under this section 
  1.25  regardless of the existence or outcome of criminal proceedings 
  2.1   involving the bias offense that is the basis for the action.  
  2.2   The burden of proof in an action under this section is 
  2.3   preponderance of the evidence. 
  2.4      Subd. 4.  [PARENTAL LIABILITY.] Section 540.18 applies to 
  2.5   actions under this section, except that the parent or guardian 
  2.6   is liable for all types of damages awarded under this section in 
  2.7   an amount not exceeding $5,000. 
  2.8      Subd. 5.  [OTHER RIGHTS PRESERVED.] The remedies under this 
  2.9   section do not affect any rights or remedies of the plaintiff 
  2.10  under other law. 
  2.11     Sec. 2.  [EFFECTIVE DATE.] 
  2.12     This act is effective August 1, 1995, and applies to bias 
  2.13  offenses committed on or after that date.