SF 784

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime; expanding certain crimes to include 
  1.3             committing the crimes on railroad property or property 
  1.4             in transit by a common carrier; providing criminal 
  1.5             penalties; amending Minnesota Statutes 1996, sections 
  1.6             609.52, subdivision 3; 609.582, subdivisions 2, 3, 4, 
  1.7             and by adding a subdivision; 609.595, subdivision 1; 
  1.8             and 609.605, subdivision 1, and by adding subdivisions.
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1996, section 609.52, 
  1.11  subdivision 3, is amended to read: 
  1.12     Subd. 3.  [SENTENCE.] Whoever commits theft may be 
  1.13  sentenced as follows: 
  1.14     (1) to imprisonment for not more than 20 years or to 
  1.15  payment of a fine of not more than $100,000, or both, if the 
  1.16  property is a firearm, or the value of the property or services 
  1.17  stolen is more than $35,000 and the conviction is for a 
  1.18  violation of subdivision 2, clause (3), (4), (15), or (16); or 
  1.19     (2) to imprisonment for not more than ten years or to 
  1.20  payment of a fine of not more than $20,000, or both, if the 
  1.21  value of the property or services stolen exceeds $2,500, or if 
  1.22  the property stolen was an article representing a trade secret, 
  1.23  an explosive or incendiary device, or a controlled substance 
  1.24  listed in schedule I or II pursuant to section 152.02 with the 
  1.25  exception of marijuana; or 
  1.26     (3) to imprisonment for not more than five years or to 
  1.27  payment of a fine of not more than $10,000, or both, if: 
  2.1      (a) the value of the property or services stolen is more 
  2.2   than $500 but not more than $2,500; or 
  2.3      (b) the property stolen was a controlled substance listed 
  2.4   in schedule III, IV, or V pursuant to section 152.02; or 
  2.5      (c) the value of the property or services stolen is more 
  2.6   than $200 but not more than $500 and the person has been 
  2.7   convicted within the preceding five years for an offense under 
  2.8   this section, section 256.98; 268.18, subdivision 3; 609.24; 
  2.9   609.245; 609.53; 609.582, subdivision 1, 2, or 3; 609.625; 
  2.10  609.63; 609.631; or 609.821, or a statute from another state in 
  2.11  conformity with any of those sections, and the person received a 
  2.12  felony or gross misdemeanor sentence for the offense, or a 
  2.13  sentence that was stayed under section 609.135 if the offense to 
  2.14  which a plea was entered would allow imposition of a felony or 
  2.15  gross misdemeanor sentence; or 
  2.16     (d) the value of the property or services stolen is not 
  2.17  more than $500, and any of the following circumstances exist: 
  2.18     (i) the property is taken from the person of another or 
  2.19  from a corpse, or grave or coffin containing a corpse; or 
  2.20     (ii) the property is a record of a court or officer, or a 
  2.21  writing, instrument or record kept, filed or deposited according 
  2.22  to law with or in the keeping of any public officer or office; 
  2.23  or 
  2.24     (iii) the property is taken from a burning, abandoned, or 
  2.25  vacant building or upon its removal therefrom, or from an area 
  2.26  of destruction caused by civil disaster or an area in a state of 
  2.27  emergency, riot, bombing, or the proximity of battle; or 
  2.28     (iv) the property consists of public funds belonging to the 
  2.29  state or to any political subdivision or agency thereof; or 
  2.30     (v) the property stolen is a motor vehicle; or 
  2.31     (4) to imprisonment for not more than one year or to 
  2.32  payment of a fine of not more than $3,000, or both, if the value 
  2.33  of the property or services stolen is more than $200 but not 
  2.34  more than $500; or 
  2.35     (5) in all other cases where the value of the property or 
  2.36  services stolen is $200 or less, to imprisonment for not more 
  3.1   than 90 days or to payment of a fine of not more than $700, or 
  3.2   both, provided, however, in any prosecution under subdivision 2, 
  3.3   clauses (1), (2), (3), (4), and (13), the value of the money or 
  3.4   property or services received by the defendant in violation of 
  3.5   any one or more of the above provisions within any six-month 
  3.6   period may be aggregated and the defendant charged accordingly 
  3.7   in applying the provisions of this subdivision; provided that 
  3.8   when two or more offenses are committed by the same person in 
  3.9   two or more counties, the accused may be prosecuted in any 
  3.10  county in which one of the offenses was committed for all of the 
  3.11  offenses aggregated under this paragraph. 
  3.12     Sec. 2.  Minnesota Statutes 1996, section 609.582, 
  3.13  subdivision 2, is amended to read: 
  3.14     Subd. 2.  [BURGLARY IN THE SECOND DEGREE.] Whoever enters a 
  3.15  building or an instrument of common carriage without consent and 
  3.16  with intent to commit a crime, or enters a building or an 
  3.17  instrument of common carriage without consent and commits a 
  3.18  crime while in the building or instrument of common carriage, 
  3.19  commits burglary in the second degree and may be sentenced to 
  3.20  imprisonment for not more than ten years or to payment of a fine 
  3.21  of not more than $20,000, or both, if:  
  3.22     (a) the building is a dwelling; 
  3.23     (b) the portion of the building entered contains a banking 
  3.24  business or other business of receiving securities or other 
  3.25  valuable papers for deposit or safekeeping and the entry is with 
  3.26  force or threat of force; 
  3.27     (c) the portion of the building entered contains a pharmacy 
  3.28  or other lawful business or practice in which controlled 
  3.29  substances are routinely held or stored, and the entry is 
  3.30  forcible; or 
  3.31     (d) when entering or while in the building or instrument of 
  3.32  common carriage, the burglar possesses a tool to gain access to 
  3.33  money or property.  
  3.34     Sec. 3.  Minnesota Statutes 1996, section 609.582, 
  3.35  subdivision 3, is amended to read: 
  3.36     Subd. 3.  [BURGLARY IN THE THIRD DEGREE.] Whoever enters a 
  4.1   building or an instrument of common carriage without consent and 
  4.2   with intent to steal or commit any felony or gross misdemeanor 
  4.3   while in the building or instrument of common carriage, or 
  4.4   enters a building or an instrument of common carriage without 
  4.5   consent and steals or commits a felony or gross misdemeanor 
  4.6   while in the building or instrument of common carriage, commits 
  4.7   burglary in the third degree and may be sentenced to 
  4.8   imprisonment for not more than five years or to payment of a 
  4.9   fine of not more than $10,000, or both. 
  4.10     Sec. 4.  Minnesota Statutes 1996, section 609.582, 
  4.11  subdivision 4, is amended to read: 
  4.12     Subd. 4.  [BURGLARY IN THE FOURTH DEGREE.] Whoever enters a 
  4.13  building or an instrument of common carriage without consent and 
  4.14  with intent to commit a misdemeanor other than to steal, or 
  4.15  enters a building or an instrument of common carriage without 
  4.16  consent and commits a misdemeanor other than to steal while in 
  4.17  the building or instrument of common carriage, commits burglary 
  4.18  in the fourth degree and may be sentenced to imprisonment for 
  4.19  not more than one year or to payment of a fine of not more than 
  4.20  $3,000, or both. 
  4.21     Sec. 5.  Minnesota Statutes 1996, section 609.582, is 
  4.22  amended by adding a subdivision to read: 
  4.23     Subd. 5.  [DEFINITION.] For the purposes of this section, 
  4.24  "instrument of common carriage" means a truck, truck-tractor, 
  4.25  semitrailer, trailer, locomotive, engine, railroad car, trailer 
  4.26  on flat car, shipping container, or similar equipment used by a 
  4.27  common carrier in the interstate or intrastate shipment of 
  4.28  freight, whether or not in such use at the time of the offense. 
  4.29     Sec. 6.  Minnesota Statutes 1996, section 609.595, 
  4.30  subdivision 1, is amended to read: 
  4.31     Subdivision 1.  [CRIMINAL DAMAGE TO PROPERTY IN THE FIRST 
  4.32  DEGREE.] Whoever intentionally causes damage to physical 
  4.33  property of another without the latter's consent may be 
  4.34  sentenced to imprisonment for not more than five years or to 
  4.35  payment of a fine of not more than $10,000, or both, if:  
  4.36     (1) the damage to the property caused a reasonably 
  5.1   foreseeable risk of bodily harm; or 
  5.2      (2) the property damaged belongs to a public utility or a 
  5.3   common carrier and the damage impairs the service to the public 
  5.4   rendered by them, including, but not limited to, interrupting or 
  5.5   delaying service to the public; or 
  5.6      (3) the damage reduces the value of the property by more 
  5.7   than $500 measured by the cost of repair and replacement; or 
  5.8      (4) the damage reduces the value of the property by more 
  5.9   than $250 measured by the cost of repair and replacement and the 
  5.10  defendant has been convicted within the preceding three years of 
  5.11  an offense under this subdivision or subdivision 2. 
  5.12     In any prosecution under clause (3), the value of any 
  5.13  property damaged by the defendant in violation of that clause 
  5.14  within any six-month period may be aggregated and the defendant 
  5.15  charged accordingly in applying the provisions of this section; 
  5.16  provided that when two or more offenses are committed by the 
  5.17  same person in two or more counties, the accused may be 
  5.18  prosecuted in any county in which one of the offenses was 
  5.19  committed for all of the offenses aggregated under this 
  5.20  paragraph.  
  5.21     For the purposes of this section, damage includes 
  5.22  application of graffiti such as initials, marks, symbols, 
  5.23  designs, inscriptions, or other drawings scratched, painted, or 
  5.24  otherwise affixed on a structure. 
  5.25     Sec. 7.  Minnesota Statutes 1996, section 609.605, 
  5.26  subdivision 1, is amended to read: 
  5.27     Subdivision 1.  [MISDEMEANOR.] (a) The following terms have 
  5.28  the meanings given them for purposes of this section. 
  5.29     (i) "Premises" means real property and any appurtenant 
  5.30  building or structure. 
  5.31     (ii) "Dwelling" means the building or part of a building 
  5.32  used by an individual as a place of residence on either a 
  5.33  full-time or a part-time basis.  A dwelling may be part of a 
  5.34  multidwelling or multipurpose building, or a manufactured home 
  5.35  as defined in section 168.011, subdivision 8. 
  5.36     (iii) "Construction site" means the site of the 
  6.1   construction, alteration, painting, or repair of a building or 
  6.2   structure. 
  6.3      (iv) "Owner or lawful possessor," as used in paragraph (b), 
  6.4   clause (9), means the person on whose behalf a building or 
  6.5   dwelling is being constructed, altered, painted, or repaired and 
  6.6   the general contractor or subcontractor engaged in that work. 
  6.7      (v) "Posted," as used in clause (9), means the placement of 
  6.8   a sign at least 11 inches square in a conspicuous place on the 
  6.9   exterior of the building that is under construction, alteration, 
  6.10  or repair, and additional signs in at least two conspicuous 
  6.11  places for each ten acres being protected.  The sign must carry 
  6.12  an appropriate notice and the name of the person giving the 
  6.13  notice, followed by the word "owner" if the person giving the 
  6.14  notice is the holder of legal title to the land on which the 
  6.15  construction site is located or by the word "occupant" if the 
  6.16  person giving the notice is not the holder of legal title but is 
  6.17  a lawful occupant of the land. 
  6.18     (vi) "Business licensee," as used in paragraph (b), clause 
  6.19  (9), includes a representative of a building trades labor or 
  6.20  management organization. 
  6.21     (vii) "Building" has the meaning given in section 609.581, 
  6.22  subdivision 2. 
  6.23     (viii) "Instrument of common carriage" has the meaning 
  6.24  given in section 609.582, subdivision 5. 
  6.25     (b) A person is guilty of a misdemeanor if the person 
  6.26  intentionally: 
  6.27     (1) permits domestic animals or fowls under the actor's 
  6.28  control to go on the land of another within a city; 
  6.29     (2) interferes unlawfully with a monument, sign, or pointer 
  6.30  erected or marked to designate a point of a boundary, line or a 
  6.31  political subdivision, or of a tract of land; 
  6.32     (3) trespasses on the premises of another and, without 
  6.33  claim of right, refuses to depart from the premises on demand of 
  6.34  the lawful possessor; 
  6.35     (4) occupies or enters the dwelling or locked or posted 
  6.36  building of another or an instrument of common carriage, without 
  7.1   claim of right or consent of the owner or the consent of one who 
  7.2   has the right to give consent, except in an emergency situation; 
  7.3      (5) enters the premises of another with intent to take or 
  7.4   injure any fruit, fruit trees, or vegetables growing on the 
  7.5   premises, without the permission of the owner or occupant; 
  7.6      (6) enters or is found on the premises of a public or 
  7.7   private cemetery without authorization during hours the cemetery 
  7.8   is posted as closed to the public; 
  7.9      (7) returns to the property of another with the intent to 
  7.10  abuse, disturb, or cause distress in or threaten another, after 
  7.11  being told to leave the property and not to return, if the actor 
  7.12  is without claim of right to the property or consent of one with 
  7.13  authority to consent; 
  7.14     (8) returns to the property of another within 30 days after 
  7.15  being told to leave the property and not to return, if the actor 
  7.16  is without claim of right to the property or consent of one with 
  7.17  authority to consent; or 
  7.18     (9) enters the locked or posted construction site of 
  7.19  another without the consent of the owner or lawful possessor, 
  7.20  unless the person is a business licensee. 
  7.21     Sec. 8.  Minnesota Statutes 1996, section 609.605, is 
  7.22  amended by adding a subdivision to read: 
  7.23     Subd. 5.  [TRESPASS ON LOCKED INSTRUMENT OF COMMON 
  7.24  CARRIAGE.] Whoever trespasses on a locked instrument of common 
  7.25  carriage without claim of right or consent of the owner or 
  7.26  consent of a person who has the right to give consent, except in 
  7.27  an emergency situation, is guilty of a gross misdemeanor. 
  7.28     Sec. 9.  Minnesota Statutes 1996, section 609.605, is 
  7.29  amended by adding a subdivision to read: 
  7.30     Subd. 6.  [TRESPASS ON RAILROAD RIGHT-OF-WAY.] (a) A person 
  7.31  may not walk, ride, drive, or be on or along the right-of-way or 
  7.32  yard of a railroad company operating its lines within this 
  7.33  state, or go on or cross the right-of-way or yard at a place 
  7.34  other than a public or private crossing without having first 
  7.35  obtained written permission from the owner or occupant railroad 
  7.36  company, its agent, or its servant. 
  8.1      (b) For purposes of this subdivision, "right-of-way" means 
  8.2   the track or roadbed owned by a railroad and that property owned 
  8.3   by a railroad located on either side of its tracks which is 
  8.4   readily recognizable to a reasonable person as being railroad 
  8.5   property or is reasonably identified as railroad property by 
  8.6   fencing, the existence of railroad tracks, or appropriate signs. 
  8.7      (c) A person may not be on, enter, or damage any buildings, 
  8.8   rolling stock, property, or equipment of any railway company 
  8.9   operating its lines in this state. 
  8.10     (d) This subdivision does not apply to: 
  8.11     (1) passengers on trains or employees of a railroad company 
  8.12  while engaged in the performance of the duties of employment; 
  8.13     (2) an authorized representative of the railroad employees; 
  8.14     (3) a person going on the right-of-way or tracks to save 
  8.15  human life or to protect property; 
  8.16     (4) a person going or being on or in the station grounds or 
  8.17  depot of the railroad company as a passenger or for the purpose 
  8.18  of transacting business with the railroad company; 
  8.19     (5) a person, members of the person's family, or the 
  8.20  person's employees going on the right-of-way or tracks for the 
  8.21  purpose of crossing from one part to another of a farm the 
  8.22  person owns or leases, if the farm lies on both sides of the 
  8.23  right-of-way; 
  8.24     (6) a person having written permission to go on the 
  8.25  right-of-way or tracks granted by the railroad company; 
  8.26     (7) a registered land surveyor or the surveyor's employees 
  8.27  for the purpose of making land surveys; or 
  8.28     (8) a person otherwise authorized by law to be on or along 
  8.29  the right-of-way or yard of a railroad company operating its 
  8.30  lines in this state. 
  8.31     (e) A person who violates this section is guilty of a 
  8.32  misdemeanor. 
  8.33     Sec. 10.  [EFFECTIVE DATE.] 
  8.34     This act is effective August 1, 1997, and applies to crimes 
  8.35  committed on or after that date.