SF 3210

2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crime prevention; prohibiting tampering 
  1.3             with anhydrous ammonia; specifying that a conviction 
  1.4             for neglect or endangerment of a child is not a bar 
  1.5             for a conviction of another offense committed as part 
  1.6             of the same conduct and authorizing consecutive 
  1.7             sentences in these situations; imposing criminal 
  1.8             penalties for placing a booby trap in locations where 
  1.9             controlled substances are manufactured; providing for 
  1.10            increased penalties for the theft of anhydrous 
  1.11            ammonia; imposing criminal penalties; amending 
  1.12            Minnesota Statutes 1998, sections 18C.005, by adding 
  1.13            subdivisions; 18C.201, by adding subdivisions; 
  1.14            18D.331, by adding a subdivision; 609.035, 
  1.15            subdivisions 3, 4, and by adding a subdivision; and 
  1.16            609.378, by adding a subdivision; Minnesota Statutes 
  1.17            1999 Supplement, sections 609.035, subdivision 1; and 
  1.18            609.52, subdivision 3; proposing coding for new law in 
  1.19            Minnesota Statutes, chapter 609. 
  1.20  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.21     Section 1.  Minnesota Statutes 1998, section 18C.005, is 
  1.22  amended by adding a subdivision to read: 
  1.23     Subd. 1a.  [ANHYDROUS AMMONIA.] "Anhydrous ammonia" means a 
  1.24  compound formed by the chemical combination of the elements 
  1.25  nitrogen and hydrogen in the molar proportion of one part 
  1.26  nitrogen to three parts hydrogen.  This relationship is shown by 
  1.27  the chemical formula, NH3.  On a weight basis, the ratio is 14 
  1.28  parts nitrogen to three parts hydrogen or approximately 82 
  1.29  percent nitrogen to 18 percent hydrogen.  Anhydrous ammonia may 
  1.30  exist in either a gaseous or a liquid state.  
  1.31     Sec. 2.  Minnesota Statutes 1998, section 18C.005, is 
  1.32  amended by adding a subdivision to read: 
  2.1      Subd. 35a.  [TAMPER.] "Tamper" means action taken by a 
  2.2   person not authorized to take that action by law or by the owner 
  2.3   or authorized custodian of an anhydrous ammonia container or of 
  2.4   equipment where anhydrous ammonia is used, stored, distributed, 
  2.5   or transported. 
  2.6      Sec. 3.  Minnesota Statutes 1998, section 18C.201, is 
  2.7   amended by adding a subdivision to read: 
  2.8      Subd. 6.  [ANHYDROUS AMMONIA.] (a) A person may not:  
  2.9      (1) place, have placed, or possess anhydrous ammonia in a 
  2.10  container that is not designed, constructed, maintained, and 
  2.11  authorized to contain or transport anhydrous ammonia; 
  2.12     (2) transport anhydrous ammonia in a container that is not 
  2.13  designed, constructed, maintained, and authorized to transport 
  2.14  anhydrous ammonia; 
  2.15     (3) use, deliver, receive, sell, or transport a container 
  2.16  designed and constructed to contain anhydrous ammonia without 
  2.17  the express consent of the owner or authorized custodian of the 
  2.18  container; or 
  2.19     (4) tamper with any equipment or facility used to contain, 
  2.20  store, or transport anhydrous ammonia. 
  2.21     (b) For the purposes of this subdivision, containers 
  2.22  designed and constructed for the storage and transport of 
  2.23  anhydrous ammonia are described in rules adopted under section 
  2.24  18C.121, subdivision 1, or in Code of Federal Regulations, title 
  2.25  49. 
  2.26     Sec. 4.  Minnesota Statutes 1998, section 18C.201, is 
  2.27  amended by adding a subdivision to read: 
  2.28     Subd. 7.  [NO CAUSE OF ACTION.] (a) Except as provided in 
  2.29  paragraph (b), a person tampering with anhydrous ammonia 
  2.30  containers or equipment under subdivision 6 shall have no cause 
  2.31  of action for damages arising out of the tampering against (1) 
  2.32  the owner or lawful custodian of the container or equipment; (2) 
  2.33  a person responsible for the installation or maintenance of the 
  2.34  container or equipment; or (3) a person lawfully selling or 
  2.35  offering for sale the anhydrous ammonia. 
  2.36     (b) Paragraph (a) does not apply to a cause of action 
  3.1   against a person who unlawfully obtained the anhydrous ammonia 
  3.2   or anhydrous ammonia container or who possesses the anhydrous 
  3.3   ammonia or anhydrous ammonia container for any unlawful purpose. 
  3.4      Sec. 5.  Minnesota Statutes 1998, section 18D.331, is 
  3.5   amended by adding a subdivision to read: 
  3.6      Subd. 5.  [ANHYDROUS AMMONIA CONTAINMENT, TAMPERING, THEFT, 
  3.7   TRANSPORT.] A person who knowingly violates section 18C.201, 
  3.8   subdivision 6, is guilty of a felony and may be sentenced to 
  3.9   imprisonment for not more than five years, or to payment of a 
  3.10  fine of not more than $50,000, or both. 
  3.11     Sec. 6.  Minnesota Statutes 1999 Supplement, section 
  3.12  609.035, subdivision 1, is amended to read: 
  3.13     Subdivision 1.  Except as provided in subdivisions 2, 3, 4, 
  3.14  and 5, and 6, and in sections 609.251, 609.585, 609.21, 
  3.15  subdivisions 3 and 4, 609.2691, 609.486, 609.494, and 609.856, 
  3.16  if a person's conduct constitutes more than one offense under 
  3.17  the laws of this state, the person may be punished for only one 
  3.18  of the offenses and a conviction or acquittal of any one of them 
  3.19  is a bar to prosecution for any other of them.  All the 
  3.20  offenses, if prosecuted, shall be included in one prosecution 
  3.21  which shall be stated in separate counts. 
  3.22     Sec. 7.  Minnesota Statutes 1998, section 609.035, 
  3.23  subdivision 3, is amended to read: 
  3.24     Subd. 3.  [EXCEPTION; FIREARMS OFFENSES.] 
  3.25  Notwithstanding section 609.04 subdivision 1, a prosecution for 
  3.26  or conviction of a violation of section 609.165 or 624.713, 
  3.27  subdivision 1, clause (b), is not a bar to conviction of or 
  3.28  punishment for any other crime committed by the defendant as 
  3.29  part of the same conduct.  
  3.30     Sec. 8.  Minnesota Statutes 1998, section 609.035, 
  3.31  subdivision 4, is amended to read: 
  3.32     Subd. 4.  [EXCEPTION; ARSON OFFENSES.] Notwithstanding 
  3.33  section 609.04 subdivision 1, a prosecution for or conviction of 
  3.34  a violation of sections 609.561 to 609.563 or 609.5641 is not a 
  3.35  bar to conviction of or punishment for any other crime committed 
  3.36  by the defendant as part of the same conduct when the defendant 
  4.1   is shown to have violated sections 609.561 to 609.563 or 
  4.2   609.5641 for the purpose of concealing any other crime. 
  4.3      For purposes of the sentencing guidelines, a violation of 
  4.4   sections 609.561 to 609.563 or 609.5641 is a crime against the 
  4.5   person. 
  4.6      Sec. 9.  Minnesota Statutes 1998, section 609.035, is 
  4.7   amended by adding a subdivision to read: 
  4.8      Subd. 6.  [EXCEPTION; NEGLECT OR ENDANGERMENT OF A CHILD.] 
  4.9   Notwithstanding subdivision 1, a prosecution for or conviction 
  4.10  of a violation of section 609.378 is not a bar to conviction of 
  4.11  or punishment for any other crime committed by the defendant as 
  4.12  part of the same conduct.  
  4.13     Sec. 10.  Minnesota Statutes 1998, section 609.378, is 
  4.14  amended by adding a subdivision to read: 
  4.15     Subd. 3.  [CONSECUTIVE SENTENCES AUTHORIZED.] 
  4.16  Notwithstanding any provision of the sentencing guidelines, the 
  4.17  court may provide that a sentence imposed for a violation of 
  4.18  this section shall run consecutively to any sentence imposed for 
  4.19  another crime committed as part of the same conduct.  A 
  4.20  consecutive sentence imposed under this subdivision is not a 
  4.21  departure from the sentencing guidelines. 
  4.22     Sec. 11.  Minnesota Statutes 1999 Supplement, section 
  4.23  609.52, subdivision 3, is amended to read: 
  4.24     Subd. 3.  [SENTENCE.] Whoever commits theft may be 
  4.25  sentenced as follows: 
  4.26     (1) to imprisonment for not more than 20 years or to 
  4.27  payment of a fine of not more than $100,000, or both, if the 
  4.28  property is a firearm, or the value of the property or services 
  4.29  stolen is more than $35,000 and the conviction is for a 
  4.30  violation of subdivision 2, clause (3), (4), (15), or (16); or 
  4.31     (2) to imprisonment for not more than ten years or to 
  4.32  payment of a fine of not more than $20,000, or both, if the 
  4.33  value of the property or services stolen exceeds $2,500, or if 
  4.34  the property stolen was an article representing a trade secret, 
  4.35  an explosive or incendiary device, or a controlled substance 
  4.36  listed in schedule I or II pursuant to section 152.02 with the 
  5.1   exception of marijuana; or 
  5.2      (3) to imprisonment for not more than five years or to 
  5.3   payment of a fine of not more than $10,000, or both, if: 
  5.4      (a) the value of the property or services stolen is more 
  5.5   than $500 but not more than $2,500; or 
  5.6      (b) the property stolen was a controlled substance listed 
  5.7   in schedule III, IV, or V pursuant to section 152.02; or 
  5.8      (c) the value of the property or services stolen is more 
  5.9   than $250 but not more than $500 and the person has been 
  5.10  convicted within the preceding five years for an offense under 
  5.11  this section, section 256.98; 268.182; 609.24; 609.245; 609.53; 
  5.12  609.582, subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or 
  5.13  609.821, or a statute from another state, the United States, or 
  5.14  a foreign jurisdiction, in conformity with any of those 
  5.15  sections, and the person received a felony or gross misdemeanor 
  5.16  sentence for the offense, or a sentence that was stayed under 
  5.17  section 609.135 if the offense to which a plea was entered would 
  5.18  allow imposition of a felony or gross misdemeanor sentence; or 
  5.19     (d) the value of the property or services stolen is not 
  5.20  more than $500, and any of the following circumstances exist: 
  5.21     (i) the property is taken from the person of another or 
  5.22  from a corpse, or grave or coffin containing a corpse; or 
  5.23     (ii) the property is a record of a court or officer, or a 
  5.24  writing, instrument or record kept, filed or deposited according 
  5.25  to law with or in the keeping of any public officer or office; 
  5.26  or 
  5.27     (iii) the property is taken from a burning, abandoned, or 
  5.28  vacant building or upon its removal therefrom, or from an area 
  5.29  of destruction caused by civil disaster, riot, bombing, or the 
  5.30  proximity of battle; or 
  5.31     (iv) the property consists of public funds belonging to the 
  5.32  state or to any political subdivision or agency thereof; or 
  5.33     (v) the property stolen is a motor vehicle; or 
  5.34     (vi) the property stolen is anhydrous ammonia; or 
  5.35     (4) to imprisonment for not more than one year or to 
  5.36  payment of a fine of not more than $3,000, or both, if the value 
  6.1   of the property or services stolen is more than $250 but not 
  6.2   more than $500; or 
  6.3      (5) in all other cases where the value of the property or 
  6.4   services stolen is $250 or less, to imprisonment for not more 
  6.5   than 90 days or to payment of a fine of not more than $700, or 
  6.6   both, provided, however, in any prosecution under subdivision 2, 
  6.7   clauses (1), (2), (3), (4), and (13), the value of the money or 
  6.8   property or services received by the defendant in violation of 
  6.9   any one or more of the above provisions within any six-month 
  6.10  period may be aggregated and the defendant charged accordingly 
  6.11  in applying the provisions of this subdivision; provided that 
  6.12  when two or more offenses are committed by the same person in 
  6.13  two or more counties, the accused may be prosecuted in any 
  6.14  county in which one of the offenses was committed for all of the 
  6.15  offenses aggregated under this paragraph. 
  6.16     Sec. 12.  [609.6655] [BOOBY TRAPS PROHIBITED.] 
  6.17     Subdivision 1.  [DEFINITION.] As used in this section, 
  6.18  "booby trap" means a concealed or camouflaged device designed to 
  6.19  cause bodily harm or death when triggered by an action of an 
  6.20  unsuspecting person making contact with the device.  "Booby trap"
  6.21  includes, but is not limited to, firearms, ammunition, or 
  6.22  explosive devices attached to trip wires or other triggering 
  6.23  mechanisms, sharpened stakes, nails, spikes, electrical devices, 
  6.24  lines or wires with hooks attached, and devices for the 
  6.25  production of toxic fumes or gases. 
  6.26     Subd. 2.  [CRIME DEFINED.] A person who assembles, 
  6.27  maintains, places, or causes to be placed a booby trap in a 
  6.28  location where a controlled substance is being manufactured, 
  6.29  distributed, or dispensed, with the intent to kill or injure a 
  6.30  person who approaches the location, is guilty of a felony and 
  6.31  may be sentenced as provided in subdivision 3. 
  6.32     Subd. 3.  [PENALTY.] (a) If the violation does not 
  6.33  constitute first degree murder and results in the death of a 
  6.34  human being other than the perpetrator or the perpetrator's 
  6.35  accomplice, the person may be sentenced to imprisonment for not 
  6.36  more than 40 years or to payment of a fine of not more than 
  7.1   $50,000, or both. 
  7.2      (b) If the violation results in great bodily harm to a 
  7.3   human being other than the perpetrator or the perpetrator's 
  7.4   accomplice, the person may be sentenced to imprisonment for not 
  7.5   more than 20 years or to payment of a fine of not more than 
  7.6   $30,000, or both. 
  7.7      (c) If the violation results in substantial bodily harm to 
  7.8   a human being other than the perpetrator or the perpetrator's 
  7.9   accomplice, the person may be sentenced to imprisonment for not 
  7.10  more than ten years or to payment of a fine of not more than 
  7.11  $20,000, or both. 
  7.12     (d) In all other cases, the person may be sentenced to 
  7.13  imprisonment for not more than five years or to payment of a 
  7.14  fine of not more than $10,000, or both. 
  7.15     Sec. 13.  [EFFECTIVE DATE.] 
  7.16     Sections 1 to 12 are effective August 1, 2000, and apply to 
  7.17  crimes committed on or after that date.