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Minnesota Legislature

Office of the Revisor of Statutes

SF 3455

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

  1.1                          A bill for an act
  1.2             relating to crime prevention; limiting the liability 
  1.3             of financial institutions that provide information in 
  1.4             good faith on stolen, forged, or fraudulent checks in 
  1.5             the course of an investigation; making it a crime to 
  1.6             falsely report stolen checks to a financial 
  1.7             institution or to possess, sell, receive, or transfer 
  1.8             stolen or counterfeit checks; providing criminal 
  1.9             penalties and forfeiture remedies for such conduct; 
  1.10            expanding the racketeering crime to include organized 
  1.11            criminal activity involving stolen or counterfeit 
  1.12            checks; making technical corrections to certain 
  1.13            penalties; amending Minnesota Statutes 1998, section 
  1.14            299A.61, subdivision 3; Minnesota Statutes 1999 
  1.15            Supplement, sections 609.527, subdivision 3; 609.531, 
  1.16            subdivision 1; and 609.902, subdivision 4; proposing 
  1.17            coding for new law in Minnesota Statutes, chapter 609. 
  1.18  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.19     Section 1.  Minnesota Statutes 1998, section 299A.61, 
  1.20  subdivision 3, is amended to read: 
  1.21     Subd. 3.  [LIMIT ON LIABILITY OF FINANCIAL INSTITUTION.] A 
  1.22  financial institution, including its employees or company 
  1.23  agents, that provides or reasonably attempts to provide stolen, 
  1.24  forged, or fraudulent check information for use by the crime 
  1.25  alert network, check verification services, consumer reporting 
  1.26  agencies, or by law enforcement agencies that are investigating 
  1.27  a crime is not liable to any person for disclosing the 
  1.28  information, provided that the financial institution is acting 
  1.29  in good faith. 
  1.30     Sec. 2.  [609.508] [FALSE INFORMATION TO FINANCIAL 
  1.31  INSTITUTION.] 
  2.1      A person is guilty of a misdemeanor if the person informs a 
  2.2   financial institution, orally or in writing, that one or more of 
  2.3   the person's blank checks or debit cards have been lost or 
  2.4   stolen, knowing or having reason to know that the information is 
  2.5   false. 
  2.6      Sec. 3.  Minnesota Statutes 1999 Supplement, section 
  2.7   609.527, subdivision 3, is amended to read: 
  2.8      Subd. 3.  [PENALTIES.] A person who violates subdivision 2 
  2.9   may be sentenced as follows: 
  2.10     (1) if the offense involves a single direct victim and the 
  2.11  total, combined loss to the direct victim and any indirect 
  2.12  victims is $200 $250 or less, the person may be sentenced as 
  2.13  provided in section 609.52, subdivision 3, clause (5); 
  2.14     (2) if the offense involves a single direct victim and the 
  2.15  total, combined loss to the direct victim and any indirect 
  2.16  victims is more than $200 $250 but not more than $500, the 
  2.17  person may be sentenced as provided in section 609.52, 
  2.18  subdivision 3, clause (4); 
  2.19     (3) if the offense involves two or three direct victims or 
  2.20  the total, combined loss to the direct and indirect victims is 
  2.21  more than $500 but not more than $2,500, the person may be 
  2.22  sentenced as provided in section 609.52, subdivision 3, clause 
  2.23  (3); and 
  2.24     (4) if the offense involves four or more direct victims, or 
  2.25  if the total, combined loss to the direct and indirect victims 
  2.26  is more than $2,500, the person may be sentenced as provided in 
  2.27  section 609.52, subdivision 3, clause (2). 
  2.28     Sec. 4.  [609.528] [POSSESSION OR SALE OF STOLEN OR 
  2.29  COUNTERFEIT CHECK; PENALTIES.] 
  2.30     Subdivision 1.  [DEFINITION.] (a) As used in this section, 
  2.31  the following terms have the meanings given them in this 
  2.32  subdivision. 
  2.33     (b) "Direct victim" means any person or entity described in 
  2.34  section 611A.01, paragraph (b), from whom a check is stolen or 
  2.35  whose name or other identifying information is contained in a 
  2.36  counterfeit check. 
  3.1      (c) "Indirect victim" means any person or entity described 
  3.2   in section 611A.01, paragraph (b), other than a direct victim. 
  3.3      (d) "Loss" means value obtained, as defined in section 
  3.4   609.52, subdivision 1, clause (3), and expenses incurred by a 
  3.5   direct or indirect victim as a result of a violation of this 
  3.6   section. 
  3.7      Subd. 2.  [CRIME.] A person who sells, possesses, receives, 
  3.8   or transfers a check that is stolen or counterfeit, knowing or 
  3.9   having reason to know the check is stolen or counterfeit, is 
  3.10  guilty of a crime and may be punished as provided in subdivision 
  3.11  3. 
  3.12     Subd. 3.  [PENALTIES.] A person who violates subdivision 2 
  3.13  may be sentenced as follows: 
  3.14     (1) if the offense involves a single direct victim and the 
  3.15  total, combined loss to the direct victim and any indirect 
  3.16  victims is $250 or less, the person may be sentenced as provided 
  3.17  in section 609.52, subdivision 3, clause (5); 
  3.18     (2) if the offense involves a single direct victim and the 
  3.19  total, combined loss to the direct victim and any indirect 
  3.20  victims is more than $250 but not more than $500, the person may 
  3.21  be sentenced as provided in section 609.52, subdivision 3, 
  3.22  clause (4); 
  3.23     (3) if the offense involves two or three direct victims or 
  3.24  the total, combined loss to the direct and indirect victims is 
  3.25  more than $500 but not more than $2,500, the person may be 
  3.26  sentenced as provided in section 609.52, subdivision 3, clause 
  3.27  (3); and 
  3.28     (4) if the offense involves four or more direct victims, or 
  3.29  if the total, combined loss to the direct and indirect victims 
  3.30  is more than $2,500, the person may be sentenced as provided in 
  3.31  section 609.52, subdivision 3, clause (2). 
  3.32     Sec. 5.  Minnesota Statutes 1999 Supplement, section 
  3.33  609.531, subdivision 1, is amended to read: 
  3.34     Subdivision 1.  [DEFINITIONS.] For the purpose of sections 
  3.35  609.531 to 609.5318, the following terms have the meanings given 
  3.36  them.  
  4.1      (a) "Conveyance device" means a device used for 
  4.2   transportation and includes, but is not limited to, a motor 
  4.3   vehicle, trailer, snowmobile, airplane, and vessel and any 
  4.4   equipment attached to it.  The term "conveyance device" does not 
  4.5   include property which is, in fact, itself stolen or taken in 
  4.6   violation of the law.  
  4.7      (b) "Weapon used" means a dangerous weapon as defined under 
  4.8   section 609.02, subdivision 6, that the actor used or had in 
  4.9   possession in furtherance of a crime.  
  4.10     (c) "Property" means property as defined in section 609.52, 
  4.11  subdivision 1, clause (1).  
  4.12     (d) "Contraband" means property which is illegal to possess 
  4.13  under Minnesota law.  
  4.14     (e) "Appropriate agency" means the bureau of criminal 
  4.15  apprehension, the Minnesota state patrol, a county sheriff's 
  4.16  department, the suburban Hennepin regional park district park 
  4.17  rangers, the department of natural resources division of 
  4.18  enforcement, the University of Minnesota police department, or a 
  4.19  city or airport police department.  
  4.20     (f) "Designated offense" includes:  
  4.21     (1) for weapons used:  any violation of this chapter, 
  4.22  chapter 152, or chapter 624; 
  4.23     (2) for all other purposes:  a felony violation of, or a 
  4.24  felony-level attempt or conspiracy to violate, section 325E.17; 
  4.25  325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222; 
  4.26  609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322; 
  4.27  609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 
  4.28  1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to 
  4.29  (e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e), 
  4.30  and (h) to (j); 609.42; 609.425; 609.466; 609.485; 609.487; 
  4.31  609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 
  4.32  609.561; 609.562; 609.563; 609.582; 609.59; 609.595; 609.631; 
  4.33  609.66, subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and 
  4.34  12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893; 
  4.35  609.895; 617.246; or a gross misdemeanor or felony violation of 
  4.36  section 609.891 or 624.7181; or any violation of section 609.324.
  5.1      (g) "Controlled substance" has the meaning given in section 
  5.2   152.01, subdivision 4. 
  5.3      Sec. 6.  Minnesota Statutes 1999 Supplement, section 
  5.4   609.902, subdivision 4, is amended to read: 
  5.5      Subd. 4.  [CRIMINAL ACT.] "Criminal act" means conduct 
  5.6   constituting, or a conspiracy or attempt to commit, a felony 
  5.7   violation of chapter 152, or a felony violation of section 
  5.8   297D.09; 299F.79; 299F.80; 299F.82; 609.185; 609.19; 609.195; 
  5.9   609.20; 609.205; 609.221; 609.222; 609.223; 609.2231; 609.228; 
  5.10  609.235; 609.245; 609.25; 609.27; 609.322; 609.342; 609.343; 
  5.11  609.344; 609.345; 609.42; 609.48; 609.485; 609.495; 609.496; 
  5.12  609.497; 609.498; 609.52, subdivision 2, if the offense is 
  5.13  punishable under subdivision 3, clause (3)(b) or clause 3(d)(v) 
  5.14  or (vi); section 609.52, subdivision 2, clause (4); 609.527, if 
  5.15  the crime is punishable under subdivision 3, clause (4) or (5); 
  5.16  609.528, if the crime is punishable under subdivision 3, clause 
  5.17  (4); 609.53; 609.561; 609.562; 609.582, subdivision 1 or 2; 
  5.18  609.668, subdivision 6, paragraph (a); 609.67; 609.687; 609.713; 
  5.19  609.86; 609.894, subdivision 3 or 4; 609.895; 624.713; 624.74; 
  5.20  or 626A.02, subdivision 1, if the offense is punishable under 
  5.21  section 626A.02, subdivision 4, paragraph (a).  "Criminal act" 
  5.22  also includes conduct constituting, or a conspiracy or attempt 
  5.23  to commit, a felony violation of section 609.52, subdivision 2, 
  5.24  clause (3), (4), (15), or (16), if the violation involves an 
  5.25  insurance company as defined in section 60A.02, subdivision 4, a 
  5.26  nonprofit health service plan corporation regulated under 
  5.27  chapter 62C, a health maintenance organization regulated under 
  5.28  chapter 62D, or a fraternal benefit society regulated under 
  5.29  chapter 64B. 
  5.30     Sec. 7.  [EFFECTIVE DATE.] 
  5.31     Sections 1 to 6 are effective August 1, 2000, and apply to 
  5.32  crimes committed on or after that date.