SF 1710

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention and public safety; 
  1.3             modifying penalties for identity theft; requiring that 
  1.4             mandatory restitution be awarded to victims of 
  1.5             identity theft and that certain materials be provided 
  1.6             to victims; amending Minnesota Statutes 2002, section 
  1.7             609.527, subdivision 4; Minnesota Statutes 2003 
  1.8             Supplement, section 609.527, subdivision 3.  
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.11  609.527, subdivision 3, is amended to read: 
  1.12     Subd. 3.  [PENALTIES.] A person who violates subdivision 2 
  1.13  may be sentenced as follows: 
  1.14     (1) if the offense involves a single direct victim and the 
  1.15  total, combined loss to the direct victim and any indirect 
  1.16  victims is $250 or less, the person may be sentenced as provided 
  1.17  in section 609.52, subdivision 3, clause (5); 
  1.18     (2) if the offense involves a single direct victim and the 
  1.19  total, combined loss to the direct victim and any indirect 
  1.20  victims is more than $250 but not more than $500, the person may 
  1.21  be sentenced as provided in section 609.52, subdivision 3, 
  1.22  clause (4); 
  1.23     (3) if the offense involves two or three direct victims or 
  1.24  the total, combined loss to the direct and indirect victims is 
  1.25  more than $500 but not more than $2,500, the person may be 
  1.26  sentenced as provided in section 609.52, subdivision 3, clause 
  1.27  (3); 
  2.1      (4) if the offense involves more than three but not more 
  2.2   than seven direct victims, or if the total combined loss to the 
  2.3   direct and indirect victims is more than $2,500, the person may 
  2.4   be sentenced as provided in section 609.52, subdivision 3, 
  2.5   clause (2); and 
  2.6      (5) if the offense involves eight or more direct victims,; 
  2.7   or if the total, combined loss to the direct and indirect 
  2.8   victims is more than $35,000; or if the offense is related to 
  2.9   possession or distribution of a controlled substance in 
  2.10  violation of chapter 152, possession or distribution of 
  2.11  pornographic work in violation of section 617.246 or 617.247, or 
  2.12  the unlawful possession or transfer of a firearm, the person may 
  2.13  be sentenced as provided in section 609.52, subdivision 3, 
  2.14  clause (1). 
  2.15     Sec. 2.  Minnesota Statutes 2002, section 609.527, 
  2.16  subdivision 4, is amended to read: 
  2.17     Subd. 4.  [RESTITUTION; ITEMS PROVIDED TO VICTIM.] (a) A 
  2.18  direct or indirect victim of an identity theft crime shall be 
  2.19  considered a victim for all purposes, including any rights that 
  2.20  accrue under chapter 611A and rights to court-ordered 
  2.21  restitution. 
  2.22     (b) The court shall order a person convicted of violating 
  2.23  this section to pay restitution of not less than $500 to each 
  2.24  direct victim of the offense.  
  2.25     (c) Upon request of a direct victim or the prosecutor, the 
  2.26  court shall provide to the victim, without cost, a certified 
  2.27  copy of the complaint filed in the matter, the judgment of 
  2.28  conviction, and either a transcript of the plea proceedings or a 
  2.29  written findings of fact setting forth the facts and 
  2.30  circumstances of the offense.  
  2.31     Sec. 3.  [EFFECTIVE DATE.] 
  2.32     Sections 1 and 2 are effective August 1, 2004, and apply to 
  2.33  crimes committed on or after that date.