SF 779

2nd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crime; including government entities as 
  1.3             victims for the purpose of restitution orders; 
  1.4             providing criminal penalties; amending Minnesota 
  1.5             Statutes 1996, sections 609.10; 609.125; 611A.01; and 
  1.6             611A.045, subdivision 1. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 609.10, is 
  1.9   amended to read: 
  1.10     609.10 [SENTENCES AVAILABLE.] 
  1.11     Subdivision 1.  [SENTENCES AVAILABLE.] Upon conviction of a 
  1.12  felony and compliance with the other provisions of this chapter 
  1.13  the court, if it imposes sentence, may sentence the defendant to 
  1.14  the extent authorized by law as follows: 
  1.15     (1) to life imprisonment; or 
  1.16     (2) to imprisonment for a fixed term of years set by the 
  1.17  court; or 
  1.18     (3) to both imprisonment for a fixed term of years and 
  1.19  payment of a fine; or 
  1.20     (4) to payment of a fine without imprisonment or to 
  1.21  imprisonment for a fixed term of years if the fine is not paid; 
  1.22  or 
  1.23     (5) to payment of court-ordered restitution in addition to 
  1.24  either imprisonment or payment of a fine, or both; or 
  1.25     (6) to payment of a local correctional fee as authorized 
  1.26  under section 609.102 in addition to any other sentence imposed 
  2.1   by the court. 
  2.2      Subd. 2.  [RESTITUTION.] As used in this section, 
  2.3   "restitution" includes: 
  2.4      (i) (1) payment of compensation to the victim or the 
  2.5   victim's family; and 
  2.6      (ii) (2) if the victim is deceased or already has been 
  2.7   fully compensated, payment of money to a victim assistance 
  2.8   program or other program directed by the court. 
  2.9      In controlled substance crime cases, "restitution" also 
  2.10  includes payment of compensation to a government entity that 
  2.11  incurs loss as a direct result of the controlled substance crime.
  2.12     "Restitution" includes payment of compensation to a 
  2.13  government entity that incurs loss as a direct result of a crime.
  2.14     Sec. 2.  Minnesota Statutes 1996, section 609.125, is 
  2.15  amended to read: 
  2.16     609.125 [SENTENCE FOR MISDEMEANOR OR GROSS MISDEMEANOR.] 
  2.17     Subdivision 1.  [SENTENCES AVAILABLE.] Upon conviction of a 
  2.18  misdemeanor or gross misdemeanor the court, if sentence is 
  2.19  imposed, may, to the extent authorized by law, sentence the 
  2.20  defendant: 
  2.21     (1) to imprisonment for a definite term; or 
  2.22     (2) to payment of a fine, or to imprisonment for a 
  2.23  specified term if the fine is not paid; or 
  2.24     (3) to both imprisonment for a definite term and payment of 
  2.25  a fine; or 
  2.26     (4) to payment of court-ordered restitution in addition to 
  2.27  either imprisonment or payment of a fine, or both; or 
  2.28     (5) to payment of a local correctional fee as authorized 
  2.29  under section 609.102 in addition to any other sentence imposed 
  2.30  by the court. 
  2.31     Subd. 2.  [RESTITUTION.] As used in this section, 
  2.32  "restitution" includes: 
  2.33     (i) (1) payment of compensation to the victim or the 
  2.34  victim's family; and 
  2.35     (ii) (2) if the victim is deceased or already has been 
  2.36  fully compensated, payment of money to a victim assistance 
  3.1   program or other program directed by the court. 
  3.2      In controlled substance crime cases, "restitution" also 
  3.3   includes payment of compensation to a government entity that 
  3.4   incurs loss as a direct result of the controlled substance crime.
  3.5      "Restitution" includes payment of compensation to a 
  3.6   government entity that incurs loss as a direct result of a crime.
  3.7      Sec. 3.  Minnesota Statutes 1996, section 611A.01, is 
  3.8   amended to read: 
  3.9      611A.01 [DEFINITIONS.] 
  3.10     For the purposes of sections 611A.01 to 611A.06: 
  3.11     (a) "Crime" means conduct that is prohibited by local 
  3.12  ordinance and results in bodily harm to an individual; or 
  3.13  conduct that is included within the definition of "crime" in 
  3.14  section 609.02, subdivision 1, or would be included within that 
  3.15  definition but for the fact that (i) the person engaging in the 
  3.16  conduct lacked capacity to commit the crime under the laws of 
  3.17  this state, or (ii) the act was alleged or found to have been 
  3.18  committed by a juvenile; 
  3.19     (b) "Victim" means a natural person who incurs loss or harm 
  3.20  as a result of a crime, including a good faith effort to prevent 
  3.21  a crime, and for purposes of sections 611A.04 and 611A.045, also 
  3.22  includes (i) a corporation that incurs loss or harm as a result 
  3.23  of a crime, and (ii) a government entity that incurs loss or 
  3.24  harm as a result of a crime, and (iii) any other entity 
  3.25  authorized to receive restitution under section 609.10 or 
  3.26  609.125.  If the victim is a natural person and is deceased, 
  3.27  "victim" means the deceased's surviving spouse or next of kin; 
  3.28  and 
  3.29     (c) "Juvenile" has the same meaning as given to the term 
  3.30  "child" in section 260.015, subdivision 2.  
  3.31     Sec. 4.  Minnesota Statutes 1996, section 611A.045, 
  3.32  subdivision 1, is amended to read: 
  3.33     Subdivision 1.  [CRITERIA.] (a) The court, in determining 
  3.34  whether to order restitution and the amount of the restitution, 
  3.35  shall consider the following factors: 
  3.36     (1) the amount of economic loss sustained by the victim as 
  4.1   a result of the offense; and 
  4.2      (2) the income, resources, and obligations of the defendant.
  4.3      (b) If there is more than one victim of a crime, the court 
  4.4   shall give priority to victims who are not governmental entities 
  4.5   when ordering restitution. 
  4.6      Sec. 5.  [EFFECTIVE DATE.] 
  4.7      Sections 1 to 3 are effective August 1, 1997, and apply to 
  4.8   crimes committed on or after that date.