SF 333

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

  1.1                          A bill for an act 
  1.2             relating to crime; providing criminal penalties for 
  1.3             persons who intentionally use the identity of another 
  1.4             person to obtain money, goods, or services, to commit 
  1.5             unlawful activity, or to cause loss to another person; 
  1.6             authorizing the civil forfeiture of property that is 
  1.7             used to commit or is generated by such fraudulent 
  1.8             activity; amending Minnesota Statutes 1998, section 
  1.9             609.531, subdivision 1; proposing coding for new law 
  1.10            in Minnesota Statutes, chapter 609. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1998, section 609.531, 
  1.13  subdivision 1, is amended to read: 
  1.14     Subdivision 1.  [DEFINITIONS.] For the purpose of sections 
  1.15  609.531 to 609.5318, the following terms have the meanings given 
  1.16  them.  
  1.17     (a) "Conveyance device" means a device used for 
  1.18  transportation and includes, but is not limited to, a motor 
  1.19  vehicle, trailer, snowmobile, airplane, and vessel and any 
  1.20  equipment attached to it.  The term "conveyance device" does not 
  1.21  include property which is, in fact, itself stolen or taken in 
  1.22  violation of the law.  
  1.23     (b) "Weapon used" means a dangerous weapon as defined under 
  1.24  section 609.02, subdivision 6, that the actor used or had in 
  1.25  possession in furtherance of a crime.  
  1.26     (c) "Property" means property as defined in section 609.52, 
  1.27  subdivision 1, clause (1).  
  1.28     (d) "Contraband" means property which is illegal to possess 
  2.1   under Minnesota law.  
  2.2      (e) "Appropriate agency" means the bureau of criminal 
  2.3   apprehension, the Minnesota state patrol, a county sheriff's 
  2.4   department, the suburban Hennepin regional park district park 
  2.5   rangers, the department of natural resources division of 
  2.6   enforcement, the University of Minnesota police department, or a 
  2.7   city or airport police department.  
  2.8      (f) "Designated offense" includes:  
  2.9      (1) for weapons used:  any violation of this chapter, 
  2.10  chapter 152, or chapter 624; 
  2.11     (2) for all other purposes:  a felony violation of, or a 
  2.12  felony-level attempt or conspiracy to violate, section 325E.17; 
  2.13  325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222; 
  2.14  609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322; 
  2.15  609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 
  2.16  1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to 
  2.17  (e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e), 
  2.18  and (h) to (j); 609.42; 609.425; 609.466; 609.485; 609.487; 
  2.19  609.52; 609.525; 609.53; 609.54; 609.551; 609.561; 609.562; 
  2.20  609.563; 609.582; 609.59; 609.595; 609.631; 609.647; 609.66, 
  2.21  subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and 12; 
  2.22  609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893; 
  2.23  617.246; or a gross misdemeanor or felony violation of section 
  2.24  609.891 or 624.7181; or any violation of section 609.324.  
  2.25     (g) "Controlled substance" has the meaning given in section 
  2.26  152.01, subdivision 4. 
  2.27     Sec. 2.  [609.647] [FRAUDULENT USE OF PERSONAL IDENTITY OF 
  2.28  ANOTHER.] 
  2.29     Subdivision 1.  [DEFINITIONS.] As used in this section: 
  2.30     (1) "means of identification" means any document or card 
  2.31  containing personal identifying information that is used or 
  2.32  intended to be used as a means of identifying an individual; and 
  2.33     (2) "personal identifying information" means the name, 
  2.34  address, telephone number, driver's license number, Minnesota 
  2.35  identification card number, social security number, place of 
  2.36  employment, employee identification number, mother's maiden 
  3.1   name, demand deposit account number, savings account number, or 
  3.2   financial transaction card number of an individual. 
  3.3      Subd. 2.  [CRIME.] It is a felony for any person to 
  3.4   intentionally use or attempt to use any means of identification 
  3.5   of or personal identifying information about another person, 
  3.6   without the consent of that person, for the purpose of: 
  3.7      (1) obtaining credit, money, goods, services, or other 
  3.8   thing of value; 
  3.9      (2) committing any unlawful act; or 
  3.10     (3) causing loss to any person. 
  3.11     Sec. 3.  [EFFECTIVE DATE.] 
  3.12     Sections 1 and 2 are effective August 1, 1999, and apply to 
  3.13  acts committed on or after that date.