SF 2229

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes; providing criminal penalties for 
  1.3             persons who promote, advocate, and take responsibility 
  1.4             for criminal acts under certain circumstances; 
  1.5             expanding civil remedies for the unauthorized release 
  1.6             of animals; amending Minnesota Statutes 1998, sections 
  1.7             346.56; and 609.495, by adding a subdivision. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 346.56, is 
  1.10  amended to read: 
  1.11     346.56 [UNAUTHORIZED RELEASE OF ANIMALS.] 
  1.12     Subd. 2.  [LIABILITY FOR DAMAGES.] A person who without 
  1.13  permission releases an animal lawfully confined for science, 
  1.14  research, commerce, or education is liable: 
  1.15     (1) to the owner of the animal for damages, including the 
  1.16  costs of restoring the animal to confinement and to its health 
  1.17  condition prior to release; and 
  1.18     (2) for damage to personal and real property caused by the 
  1.19  released animal.; 
  1.20     (3) if the release causes the failure or interruption of an 
  1.21  experiment, the person is liable for all costs of repeating the 
  1.22  experiment, including replacement of the animals, labor, and 
  1.23  materials; and 
  1.24     (4) for any other damage the person causes to property in 
  1.25  the facility from which the animal was released. 
  1.26     Subd. 3.  [AMOUNT OF DAMAGES.] A person who is damaged 
  2.1   under subdivision 2 is entitled to recover a minimum of $5,000 
  2.2   or three times the actual damages incurred by that person under 
  2.3   subdivision 2, whichever is greater, and punitive damages, 
  2.4   costs, and reasonable attorney fees. 
  2.5      Subd. 4.  [THIRD PARTY LIABILITY; PRESUMPTION.] A person or 
  2.6   organization who plans or assists in the development of a plan 
  2.7   to release, without permission, an animal lawfully confined for 
  2.8   science, research, commerce, or education, or who otherwise 
  2.9   aids, advises, hires, counsels, or encourages another to commit 
  2.10  the act is jointly and severally liable for all damages under 
  2.11  subdivision 3.  There is a rebuttable presumption that a person 
  2.12  or organization who claims responsibility for the act is liable 
  2.13  under this subdivision. 
  2.14     Sec. 2.  Minnesota Statutes 1998, section 609.495, is 
  2.15  amended by adding a subdivision to read: 
  2.16     Subd. 4.  [TAKING RESPONSIBILITY FOR CRIMINAL ACTS.] (a) 
  2.17  Unless the person is convicted of the underlying crime, a person 
  2.18  who promotes, advocates, and assumes responsibility for a 
  2.19  criminal act with the intent to instigate the unlawful conduct 
  2.20  of others or to obstruct, impede, or prevent a criminal 
  2.21  investigation is guilty of a gross misdemeanor. 
  2.22     (b) Any person who has been injured by violation of this 
  2.23  section may bring an action for three times the amount of actual 
  2.24  damages sustained by the plaintiff, costs of suit, and 
  2.25  reasonable attorney fees. 
  2.26     (c) Nothing in this subdivision shall be construed to 
  2.27  impair the right of any individual or group to engage in speech 
  2.28  protected by the United States Constitution or the Minnesota 
  2.29  Constitution. 
  2.30     Sec. 3.  [EFFECTIVE DATE.] 
  2.31     Section 2 is effective August 1, 1999, and applies to 
  2.32  crimes committed on or after that date.